THE UNIVERSITY OF ILLINOIS J &1 j£i1 m I xl ^ r 1 '^■1 A1 I A 1 5[ IhhMiWi^T^o APR 3 7 1916 Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/digestofcharterrOOsain W-y '' I ' ^ ,A ■ w 'TW.' 'Vi ■iy ' ix ■. w ' V '► . k!.'*. w - • » DIGEST OF THE CHAETEE AND THE REVISED ORDINANCES OF THE CITY OF ST. LOUIS, TOGETHER WITH THE CONSTITUTION OF THE UNITED STATES AND TTIAT OF THE STATE OF NIISSOUEI, AND THE SEVERAL ACTS OF THE GENERAL ASSEMBLY RELATING TO THE CITY. PUBLISHED BV AUTHORITY OF THE COMMON COUNCIL, UNDER THE SUPERVISION OF J. a. WOERNKR. ST. LOUIS: M’KEE, FISHBACK & CO., CITY PRINTERS. 18 G 0 . a- li K P O R T . To the Honorable the Common Council of the City of St. Louis : Tlie undersigned takes pleasure in laying- before your honorable body the Eevision of City Ordinances, of a general and permanent nature, as in force at the beginning ot your present session. These ordinances were originally reported to and passed by your lionorable Imard at its tu-st session in the year 1864-5, but it was deemed inexpedient to print them before the adoption of the new Charter, then being prepared by tlie Convention elected for the purpose. In order to render the revision accessible for tlie use of the Council and city officers, until tlie official pulilication should be made, the reviser prepared an elaborate index to the revised ordinances, as contained in the pi-inted slips from the newspapers bound foi- the Common Council, which volume has been used by you until the present time. But in the spring of 1865 the General Assembly adjourned without having adopted, or, indeed, acted upon, the bill submitted to them by the Charter Convention; where- upon the Common Council ordered the printing of the revised ordinances in book-form. Two stated sessions of the Council having intervened between the report of the revision and this order for its publication, and a further session being certain to be held before the manuscript could be prepared for the printer, it became indispensable to incorporate into the revision the changes and amendments elfected during all of this time, so that the printed volume might contain the ordinances as in force at the beginning of the last (present) session of the Council before its pub- lication. The work of revising and indexing was, therefore, necessarily done twice ; which, together with some unavoidable delays in the mechanical execution of the work, will account for its late appearanca;. Few changes were ventured upon in the classilication of the ordH- nances. tSuch as may be found were made with the view of simplifying their arrangement and rendering the conhnits more perspicuous, and are suggested by the plan of the revision of 1861, by Cuakles 11. Tillson, Esq., which was generally followed in this work. It is hoped that the side-notes appended to the ordinances, and a fidl ali)habetical index referring to the article and section of each ordinance in which a given subject may be found, in lieu of the head-notes hei'eto- fon* in use, will facilitate research. Tdie various charters and laws ai)plicable to the city have l)een carefnlly digested, and will be found, ai-ranged in the form of an act, in the body of the work, with an accurate reference to the original acts, also to be found in the volume. ‘i-i5566 ii R E P O li T . A tabular list of the city oflicers anti committees of the Common Council for the current fiscal year, with the compensation and amount of bond fixed for each, is inserted, and may be of service. The rates for the use of water being difficult to find in the body of the ordinance, an alpliahetical table of water-rates is also annexed, for more convenient reference. Tlie list of Majmrs, Aldermen, and Delegates of the City of St. Louis is brought down from its incorpoi'ation, in 1823, to the present time, and may he relied on as correct, being compiled from the original records of the City and Common Council. Py hir the greatest amount of labor has been expended in the endeavor to prepare a thorough, full, and perspicuous index to the Ordinances, the Digest, and the New' Constitution of Missouri. As it is impossible, in a work of this kind, to attain that perfection of system wdiich determines for each particular subject its precise, logically-necessary place, where it may he found with unerring certainty, the alphabetical index becomes an indispensable necessity for the use of the work. If the indexes sub- mitted should accomplish their object, in giving ready access to any subject-matter treated of in the body of the work, their apparent prolixity will he excused, and the labor of your reviser will not have been in vain. The w'ork is submitted with a conlident reliance upon your generosity that you w'ill pardon any defects or errors therein which may suggest themselves to you. I have the honor to he. Your obedient servant, J. G. WOEKNER, Reviser. January^ 1866. TABLE OF CONTENTS. CONSTITUTION OF THE UNITED STATES 3-13 CONSTITUTION OF THE STATE OF MISSOURI 14— 3G INCORPORATION OF THE TOWN OF ST. LOUIS 37 LAWS CONCERNING THE TOWN OF ST. LOUIS 37—39 CHARTERS AND LAWS CONCERNING THE CITY OF ST. LOUIS 39—175 DIGEST OF CHARTERS AND LAWS 177—281 CENSUS 283— 285 COMMON COUNCIL AND ORDINANCES 28G— 294 COUNSELOR AND ATTORNEY 294—297 ELECTIONS AND OFFICERS 298—315 ENGINEER DEPARTMENT 315—344 FINES AND PENALTIES 344-345 FIRE DEPARTMENT 345—308 FUND COMMISSIONER 309 HARBOR DEPARTMENT 370—395 HEALTH DEPARTMENT 390—430 HOUSE OF REFUGE 430—431 INSPECTION DEPARTMENT 434—440 LAND COMMISSIONER 440—455 MARKETS 450-478 MAYOR 479—482 MISDEMEANORS 482—499 MULLANPH\: EMIGRANT-RELIEF FUND 499—501 NEW LIMITS 502—505 PARKS AND PUBLIC SQUARES 505—508 POLICE COURT 508—523 iv TABLE OF CONTENTS. Page. PRINTING 523-525 PUBLIC CARRIERS 525—544 REGISTER 544—547 REVENUE 547-589 SCALES AND WEIGHERS 589-G04 WARDS G04— 607 WATER C03IM1SS10NERS G07-G19 WATERWORKS DEPARTMENT G19— 642 WORKHOUSE 643—652 TABLE OF JMAYOR AND COUNCILMEN, 1865-6 653 TABLE OF CITY OFFICERS, SALARIES, ETC 654—659 TABLE OF WATER-RATES 660 CHRONOLOGICAL TABLE OF MAYORS AND COUN- CILMEN 661—670 INDEX TO CONSTITUTION OF MISSOURI 671—685 INDEX TO CHARTERS AND LAWS 687—702 INDEX TO REVISED ORDINANCES 703—773 CONSTITUTION OF THE UNITED STATES. VVe, the people of the United States, in order to form a more perfect union, establisli justice, insure domestic traiKpiility, provide for the common defense,' promote the g-eneral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of Ameri(;a. AUTICLE I. SECTION I. J. All legislative pow(‘rs herein granted shall be vested in a ('ongi-ess of the United States, which shall consist of a Senate and House of Kepre- sentatives . SECTION II. 1 . The House of Reprc'sentatives shall be comiiosed of memb(;rs chosen every second year by tlie j)eo])l(^ of tin; s(‘veral Stat(‘s; and the electors in each' State shall have th(‘ (pialilieations re(pusite for electors of the most numerous branch of the State, L(‘gislatur<‘. 2. No yierson shall b(‘ a Keiiresentative who shall not hav(^ attained to the age of t\venty-tiv(i y(“ars, and becai seviai yc'ars a citizcai of the United States, and who shall not, when elected, b(^ an inhabitant of that State in which he shall be chosen. 3. K('pres(‘ntatives and din'ct taxes shall b(^ a])portl()n(Hl among the several States which may be inchuUMl within this Union, according to their respective numbers, which shall b(‘ determiiu'd by adding to the whole numlier of tre(^ p(‘rsons, including those bound to s(*rvice for ti term ot y<‘ars, and (‘xcluding Indians not taxed, tbree-lifths of all otluM’ pei’sons. 'The actual enumeration shall mad(‘ within three years aft(M- tlui tirst meeting of the (jongr('ss of the United Stahls, and within (*very subsetpient t<‘rm of ten years, in such-manner as they shall by law diri'ct. d'ln; num- b(n- of llepn'sentatives shall not exceed one for (ivery thirty thousand, but (^ach States shall have at l(‘ast one Ih*pi'es(mtativ(‘; and until such (‘numera- tion shall be made;, the State of New Hampshire shall b(‘ (‘utitled to choose thr(!(!; Massacliusidts, (‘ight; Rhode Island and Rrovid(‘nc(^ Plantations, one; (>)nn(‘cti(;ut, liv(‘; New York, six; N(‘W Jersey, four; P(nmsylva- nia, (‘ight; Delawan*, one; Maryland, six; Vli’ginia, ten; North Caiolina, live; and Ceoigia, threx^ 4. When vacanems hapiien in the r(‘pr(‘sentalion from any State, the executive authoi-ity thereof shall issue writs of election io till such vacancies. 5. The House of Repixisiiiitatives shall (Jioose tlu'ir Spcxiker and other otricers, and shall have the sole power of impeachment. 4 CONST rJ'lJTlON OF SECTION 111. 1. Tlio Soiiuto of tlio Unit(‘(1 Stiitos sliall be composed of two Semitois from each Slab*, cboseii ])y the Legislature tliereof, for six years, and each Senator shall ha, ve one Yoie. 2. Immediately after they shall have assembled in conseipience of the lirst election, tiiey shall be divided, as (‘C|nally as may be, into three classes. The seats of the Senators of the tii'st class shall be vacated at tin* expiration of the second year, of the second class at the exi)iration of tlu* fourth year, and of the tliird class at the exiiiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, dnrino- tlie recess of the rve^islatiire of any State, the executive thereof may make temjiorary appointments until the next meeting’ of the Legislature, which shall tlien till such vacancies. 3. No iierson shall lie a Senator who shall not have attained to the age of thirty yeai’s and been nine years a citizen of the Lnited States, and who shall not, when elected, be an inhal)itant of that State for which he shall l)e chosen. 4. The Vice President of the L^nited States shall be President of the Senate, but shall have no vote, unless they l)e equally divided. 5. 'Idle Senate shall choose tlieir other officers, and also a President tempore in the absence of the Vice President, or when he shall exercise the office of President of the ITnited States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oatli or affirmation . AVhen the President of the United States is tried, the ( 'hief Jnstice shall preside: and no i)erson shall be convicted withont the concnrrence of two-thirds of the members present. 7. Judgment in cases of impeachmeht shall not extend further than to the removal from office and dis(pudification to hold and enjoy any office of honor, trust or i)rofit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. SECTION IV. 1. The times, jJaces and manner of holding elections for Senators and Reiiresentatives shall be iirescribed in eacll State by the Legislatmai thereof; but the (bmgress may, at anjMime, bylaw, make or alter such regulation, except as to the iJaces of choosing Senators. 2. The Congi-ess shall assendde at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a ditterent day. SECTION V. 1. Each House shall be the judge of the eUctions, returns and qualifi- cations of its own members; and a majority of each shall constitute a (piornm to do business; but a smaller number may adjourn trom day to (lay, and may be authorized to conqiel the attendan(*e of absent members, in such manner and under such pen:dti(*s as (*ach House may provide. 2. Each House may determine tbe rnh^s of its proceedings, ])nnish its members for disorderly behavior, and, with the concnrrence of two-thirds, exp(‘l a member. 3. Each House shall keep a journal of its ])roceedings, and from time to time publish the same, excepting such jiarts as may, in their jndgni(*nt. require secrecy ; and the yeas and nays of the memb(*rs of (‘ither House, on any question, shall, at the desire of one-fifth of those i)re.sent, be enterc'd on the journal. 4. Neither lionse, during the session of Pongress, shall, without tlu* (‘.onsent of the other, adjourn for more than thn'c^ days, nor to any other place than that in which the two Houses shall be sitting. SECTION VI. 1. The Senators and R(*presentatives shall receivi? a. compc'nsation foi- their services, to be ascertained by law and j)aid out of the J'reasnry of Till: UNrrEi) states. the United States. They shall, in all eases, exeei)t treason, felony, and hrc'ac'h of the peac'e, he })rivile^ed from ai’rest dnrin<>‘ th(*ii' attendance at the session of their respective Houses, and in i^’oin«' to and retin-nin<^- from the sani(‘; and for any si)e('ch oi- debate, in either House, they shall not l)c‘ (piestioned iu any other i)lace. '2. jVo Senator or'l\ei)resentative shall, durin«- the time for which he was elected, he a])pointed to any civil oltice under tiie authority of the I'nited States, Avhich shall have been created, or the emoluments whereof shall have been increased during- such time; and no person, holding- any ottice under the United States, shall be a member of either House during- his continuance in ottice. SECTION YII. 1 . All bills for raising- revenue shall originate in the House of Eepre- sentatives; but the Senate may proiiose or concur with amendments, as on other bills. 2. Every bill -which shall have passed the House of Eepresentatives and the Senate, shall, before it becomes a law, be presentecl to the President of the United States; if he approve, he shall sign it; but if not, he shall retm-n it, with his objections, to that House in winch it shall have origi- nated, w ho shall enter the objection at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to ])ass the bill, it shall be sent, together with the olijections, to the other House, by w'liich it shall likewise be reconsidered, and, if a])proved by two-third's of that House, it shall become a law. Eut in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered upon the journal of each House resjiectively . If any bill shall not be returned by the President within ten days (Sundays exc(*pted) after it shall have been presented to him, the sanu; shall be a law in like manner as if he had signed it, ludess the Pougress, by their adjournment, pre- vent its return, in w'hich case it shall not be a law'. 3. Every order, resolution, or vote, to which the concurrence of the Senate and House of Eepresentatives imiy be necessary, (except on a (piestion of adjournm(uit), shall be presented to the President of the United States; and before the same shall take ettect, sliall lie approved by him, or, being disappi-oved by him, shall be repassed by two-thirds of the Senate and House of Eei)resentatives, according to* the rules and limitations prescribed in the case of a bill. SECTION VIII. The Congress shall have pow'er — 1. To lay and collect taxes, duties, imiiosts and excises; to pay the debts and ]n-ovide for the (;ommon detense and general welfai-t* of the Ihiited States; but all duties, imposts and (‘xcises shall be uniform throughout the United Stat(*s: 2. d'o bori-ow' money on the crc'dit of the United States: 3. d'o regulate conmu'i-ci* with foreign nations, and among the several States, and with the Indian triln's: 4. To establish an uniform rule of naturalization, and uniform laws on the subject of banki-uptcies Ihroughout the United States: ^ 5. 4V) coin money, r(*gulate the value thereof, and of foreign coin, and ttx the standard of w eights and measui-cs: (). To pi-oviile foi- th(* ])unishment of counterfeiting- the securities and current coin of tlu; United States: 7. d'o establish i)ostottic(*s and post roads: ^ 8. To ])romote the progress of science and useful arts, by secui-ing. for limitcMl times, to authors and invcmtors, the exclusive right to their respective WTitings and discoveries: 9. To constitute ti-ibunals inferior to the Supreim* Court: To deline and punish piracies and felonies committed on the seas, and ottenses against the law's of nations: 10. To declare w'ar, gi-ant letttu-s of mar(pie and rei)risal, and make rules concerning captures on land and w'ater: 6 coNSTrnrrroN of ]l. To raise and siipjx)!! armies; but no a])])roi)riation of money to that use slnill be for a lon< 2 :er t('rm tlian two years: 12. To provide, and maintain a navy: ' . 13. dV) make rules for the govei-nment and regulation of the land and naval forces : 14. To provide for calling forth the militia to execute the laws of the Union, sui)press insurrections, and repel invasions: 15. To i)rovide for organizing, arming, and disciplining the militia, and for governing such part of tliein as may Ik* ein])loyed in tlie service of the United States, n^serving to the States, respectively, the a])pointmenl of the ollicers a)id the authority of training the militia according to the disci])line })rescrihed by Uongivss: It). d\) exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles s’ an otfiee of trust or profit nndei- the United States, shall lie appoint(*d an elector. The electorH sha// meet in their respecMve States' and vote by ballot for tiro persons, of whom one at least s/adl not be an inhabitant of the same State with themselves. And. they shall make a list of all the persons voted for, and of the number of votes for each: which list they shall sign and certify and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Semite shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.. The person having the greatest number of rotes shall be President, if such number be a majority of the whole number of electors ajipovnted : and if there be more than one who have such majority, and have an ecpial number of votes, then the. Jfouse. of Representatives shall immediately choose by ballot one (f them for President : ami if no person have a majority, then from the five highest on the list, the said House shall, in like manner, choose the President. Hut in choosing the President, the vote shall be taken by States, the Representation from cadi State having one lade: a n»’ress may d('t('rmin(* the time of choosino’ the (‘.lectors, and 1h(* day on which th(‘y shall ^Ia'c their vote's; whie*h elay shall he the same* threeii^iiont the* Unite*el State's. 5. ish) jiersein, exe-e'jit a natural hoiai citize*n, or a <‘itlze*n eif the Unite'd Slates at the time* eif the adoption of this ( 'onstitntion, shall he (*li<»'ihle* to the^ otlicei eef Pre'siele*nt; n(*i1h<*r shall any pe*rson he e*li”'ihle to that otlie'e* who shall ne)t have attained the* a<><* of thirty-live y(*ars. anel been te)nrt(*e*n ye*ars a I'esiek'nt within the*. Unite*d States. (>. In case of the re'inoval of the* Pre*side*nt fi-om ollie*e, oi- of his ele*ath. re'si^iiation, e>r inahility to elisehar^’e* the* pow(*rs and dntie*s eif tin* saiel otiice*, the same* shall elcAoive* on the* N’ie-e* Pre*siele*nt, anel Ihe; (4)n^re*ss may, hy law, jii’eivlele feer the e*ase* e>f re*me)val, eleath, re'sioiiation , eer inahility, heith of Hie* Pre*siele*nt anel \’ic(* Pre*siele*iit , eleM-larin^' what e>t!ie‘e‘r shall the*n act as Pre!siele*nt, anel such e)llie-e*r shall then ae*t ae.‘e.'e)relin;L!'ly . until the* elisahility he* re*me)\e*el , oi* a Pre*siele*nt shall he^ e'le'e'teal . 7. 'riie* Pre'siele'iit shall, at slate-el time's, re'e-e-ixe* leer ids se‘rvice*s a e‘e)mi)e*nsatie)n , whie-h sliall ne*ithe*i‘ he* ine*re*ase*el eer eliminishe'el elman^ the* pe*rie)el lorxvhieth he* shall have* he*e*n e*le*e-te'el , anel he shall met i-e*e*e'ive within that ])e*i‘ie)el any e)the*r eme)lmne*nt freem Hie* Unite*el State's, en* any e»f the*m, S. Jie-feei-e* he* e*nle*rs npeni the* e*xe*e-ntie)n eef his eellie'e, he; shall take* the* fe»lle)win‘*- eeath or allirmatieni: 1). “I DO seei.EMNLY SWEAR (e)r allirin) 'iiiat 1 wile EArTiiFCLi.v EXKea'TE riiE e)EKi(’E of President eeF iiiE United States, and will, lO THE rest of my ARILI I’V. I'RESERA'E, I'ReiTECT, AND DIOFEN D I'llE t ’e)NS'iTTi’'ne>N en-' the UNirEi) States." SECTION il. 1 . The* Presielent shall he* etenninaneler-in-chief of the* army anel navy ol the; Uniteel Statens, and of the militia e)f the .several State's, whe*,n calleel into the actual .service of the; Unite*el State's; he may ivejuire; the; eipinion. in writing’, of the prineiiial e)ll}e*e*r in each e)f the exe;cutive* elopartme*nts. ('oxsrnT 'i'iox of tS 111)011 ;iny subject rebitiiio’ to tlie duties ot their resiieetive ofliees; iuid lie slinll luiv(‘ i)ow(*r to oraiit r('])rieves and pardons for otfeiisi's a«aiust tlie I'nitiMl Slates, except in easi's of iinpi'aernnent. 2 . lie shall hav(‘ pOAver, by and Avith the advice and consent of tlu* Senate, to make treaties, ])rovided tAvo-thirds of the Senators ])resent (‘oncnr; and he shall nominate, and, by and AAith the advice and consent of the Senate, appoint ambassadors, other pulilic ininishM-s and (consuls, .Judges of the Supreme (k)urt, and other otficers of tin' United States, Avliose aiipointments are not herein otherAAise jirovided for, and Avhich shall be established by hiAV. l>ut the Congress may, by law, A'est the ap])ointment of such infei'ior otiicers as tirey may think ]n-o])(n' in the President alone, in the courts of hiAV, or in the heads of deiiartments. 3 . The President shall liaAC i)OAAa*r to till up all A’acancies that may ba])pen during- the recess of the Senate, by granting- commissions Avliicii shall expire at the end of their next session. SECTIOX^ HI. 1 . lie shall, from time to time, giA'c the ('ongress information of the state of the Union, and recommend to their consideration such measures as he shall Judge necessary and ex])edient; he may, on (‘xtraordinary occasions, convene both Houses, or either of them, and in ease of disa- greement between them. Avith respect to the time of adjournment, he may adjourn them to such time as he shall think projicr; In* shall receive ami)assadoj-s and otlnn- juiblic ministers; he shall take care that the Uiaa's be faithfully executed; and shall commission all the otficers of the United States. SECTION IV. 1 . The President, Vice President, and all civil offie(*rs of the United Stab'S, shall be remoATd from othce on imjH'aclmient for, and eoiiA'iction of, treason, bribery, or other h.igh crimes and misdemeanors. A R 'r I C L E 1 1 I . SECTION I. i . 'file judicial poAA'cr of the United States shall be AX'sted in one Suin-i'ine (’ou)-t, and in such inferior eourts as the Congress may, from time to time, ordain and estalilish. Tlu' judge's, both of the Sujire'me and inferior (*,ourts, shall hold their otfiees during- good behavior, and shall, at stated times, receive for their service's a com])e'nsation, Avhich shall not lie elimin- isheel eluring their e'ontinuance in ottice. SECTION II. 1 . The judicial power shall extend to all eases in hiAV and eepiity , arising under the (^institution , the' laws eif the; Unite'd States, and ti-e'atie's maele. e)r Avhie-h shall be made, unde'r their authority; to all e-ase's aliecting ambassaelors, or either jniblie* ministers anel consuls; te) all e-ases eif aehni- i-alty and maritime' jurisdictiein ; to conti-OAX'rsies to Avhie'h the United State's shall be a ])arty; te) e'ontreive'rsie's betAveen tAve) eir more States, be'tAvex'ii a, State anel e-itizens of aneithe!- State', be'tAA'e'cn e-iti/e'iis eif ditferent States, bt'tAA een e-itize'iis eif the same State', e'laiming lanels nneler grants eif elitfe'i-ent States, anel be'tAve'cn a State, eir the' citizens thereeif, anel fen-eign State's, citizens eir subjects. 2. In all e-ases affe'e-ting ambassaeleirs, eithe'r publie- ministers anel e-einsuls. anel thei.se in whiedi a State' shall be a party, the' Supreme Ceiui-t shall have- eiriginal jurisdie-tiein . In all the either e*ase's be'feii-e me'utieme'el, the Supreme- ( tiurt .shall have appe'llate' juriselictiein. beith as tei hiAV anel tei fae-t, with sne-h e;xe-e'])tie)ns anel unelei- sue-h re'gulatiems as tbe' Ceingi-e-ss shall make-. I). d'he* trial of all e-i-inu's. e'xe-e'jit in e-ase-s eif impe'ae-lmu'nt, shall be- by jui-y : anel sued) trial shall be* be-lel in tbe* State* Avbe*i-e* tbe* saiel e-rime- shall have* be*en e-eimmitte'el ; lint whe-n neit e-eimmitte-el witbin any State-, Ibe- ti-ial )nstitution between the States so ratifying the same. Done in Convention, by the unanimous consent of tlu* States })r(^se)it, the seventeenth day of Se])temher, in the year of oiu- Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth- In witness whereof, Ave have hereunto subscribed our names. GEORGE AVLVSIIING dT)N , President ^ and Deputy from Viryinia. NEW IIAMPSinilK. John Langdon, Nicholas Gilman.. MASSACHUSETTS. Nathaniel Gorman, IluFUS King. NEW JERSEY. William Livingstxjn, David Rkearly, William Patterson, Jonathan Dayton, PENNSYLVANIA. Benjamin Franklin, JhiOMAS Mifflin, Robert Morris, Georgf] ('lymer, 'fllOMAS FiT/SIMMONS, Jared Ingersol, James Wilson, G OVIORNEUR MoRRIS- delaware. George Reed, Gunning Bedford, Jr., John Dickinson, JOcHARD Basset, Jacob Broom. CONNECTICUT. William Samuel Johnson. JloGEK Sher.aian. NEW YORK. A i,EX ANDER Hamilton . MARYLAND. James McHenry. Daniel of St. Tho. Jenifer. Daniel C'arroll. VIRGINIA. John Blair, James Madison, Jr. NORTH (CAROLINA. William Blount, Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA. John Rutledge, ChAS. (h)TESWORTH PiNKNEV. < hi ARLES PiNKNEV, Pierce Butler. GEORGIA. William Fem^ Abraham IJaldwin. TIIK I NITKI) STATES. 11 IN (M)NVExNTl()N. Monday, Sepiember ITffA, 1787. Er(*s{‘nt: The States of N(nv llaiiipshire, Massaelmsetts, ('oniieeticut, Mr. Hamilton from Xew York, New J(*rs(*y, Pennsylvania, Delaware, Araiylaiul, Viiyinia, North (Carolina, South Carolina, and Georgia.. 1 . Resobtrd, That the ])r('eedin«- Gonstitnti(m he laid before the Uniteil States in Con^Tess assembled, and that it is the oi)inion of this Convention that it should afterwards he submitted to a eonvention of delegates chosen in each State by the ])eo])l(‘ thereof, under the recommendation of its layislatnre, for their assent and ratitication. and that each convention assenting’ to, and ratifying- the same, should give notice thereof to tiiie l'nit(*d States in Cong'ress assembled. 2. Resolved, That it is the oi)inion of this Convention, that as soon as the conv(mtions of nine States shall have ratitied this (Constitution, the United States in Congress assembled , should fix a day on which electors should be a])i)ointed by tin* States which shall have ratitied the same, and a day on which the electors should asscnnble to vote for the President, and the time and ])lace foi- commencing ])roceedings under this Consti- tution. TChat after such i)ublication, the electors should be appointed, and the Senators and PepiH'seiitatives electecl. That the electors should meet on the day tixed for the election of the President, and should trans- mit their votes, certitied. signed, sealed and directed, as the ('onstitution requires, to the Secr(*taiy of the United States in Congress assembled; that the Senatoi’s and Jle])resentativ(ss should convene at the time and place assigned ; that the Senatoi's should apjtoint a Pr(‘sident of the Sen- at(* for the sob* pui-pose of loceiving, opening and ('ounting the votes for l^resident; and that after he shall be chosen, the (l)ngress, together with the President, should, without dtday, ])roceed to execute this Constitution. Jiy the unanimous oi’der of tlu* Convention; GEOPGE AVASIlINGd'ON, President. William .Iacksox, Secretary. [Th(^ conventions of a number of the States having, at the time of their adopting the Constitution, exjjressed a (b'sin*. ill order to prevent mis- construction or abuse ol its ])owa‘rs, that further declaratory and re- strictive clauses should be added, dingn'ss, at the session Ix'gun ami hdd at tlH‘ city of New York, on Wediu'sday, the 4th of March, 1780, proposed to tin* Legislatures of th(' several States twelva* amendments, ten of which only were adopted, d'hey ar(' tin* ten lirst following.] AMENDMENTS TO THE CONSTITUTroN. AirricLE I. (Impress shall make,' no law ri'sjiecting an <‘stablishment of religion, or prohibiting 1h(‘ fre(‘ exercisi' thereot; or abridging the fr(;edoni of speecti, or of th(^ pri'ss; or the right of tlu^ ])(‘opl(* peaceably to assmnbli* ami f)(‘tition th(‘ government foi’ a redress of griiwanccs. Air ricLE II. A well regulated militia bdng lu'cessaiy to the security of a the State, the right of tin* peop!(‘ to ke<‘p and bear arms shall not b(‘ infringed. Airri('i,E 111. No soldier shall, in time of peae.e, b(‘. (piarhaHMl in any house without th(‘ (ionsent of the owner; nor in time of war. but in a manner to be pre- scribed by law. 12 coNS'rrrr'rioN of ARTICLE IV. 'File of tlic i)0O])le to be seeui'e in tlieir ix'isons. bouses, i)a])ers Mild efieebs M<*-ainst nnreasonalile .seareli(*s and .seizures, sliall not be viola- ted; and no wan-ants sliall issue, but niion jirobable cause, supiiorted by oatli or attirination . and particularly describin«- the place* to be searclu'd and tlie pei’sons or things to be .seized. AiriTCT.E V. No iierson shall be held to answer for a capital or otlu*rAvise infamous crime, unless on a iiresentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia,' when in actual service, in time* of war or public danger; nor shall any p(*rson be subject for the same otfensi* to be twice put in jeopard}" of life or liml); nor shall lie be compelled, in any criminal case, to lie a \vitness against himself; nor be dt*prived of life, liberty or.proiierty, without due process of law; nor shall private property be taken for public use without just compen- sation. ARTICLE YI. In all criminal prosecutions the accused shall enjoy the right to a speedy and ])ublic trial, by an impartial jury of the State and disti-ict whereiii the crime .shall have been committed, which district shall have been pre- viously ascertained liy law, and to be informed of the nature and cause of the aceu.ii(>i-al eleetions, so as to provide* foi' holding- tliein on tlu* day which may lx* d(*sionat(*d by ('oni>i'(*ss for that ])nri)os(*, and on the* eoi-resj)ondin^’ day two years th'(*r(*atter. No special eI(*etion. State*, e*e)nnty e)r niiinie*ipal, shall hei ai)i)e)inte*el to he lie*ld on a ,Me)nel;iy. Skc. 11. At any ede*e*tion helel by the pee)i)le nnelen- this ('e)nstitutioii, or in ])ursiiane*e e)f any law e)f this State, e)r under any orelinane*e e)r lyy-law e)f any inunieipal e'orpe)i-afion, ne) iH*rse)n shall he el(*eineel a epialitieel vede r whe) has evei- be*en in armed he)stility te) the United States, or te) the lawful aulhe)ritie*s the*re*e)f, e)r to the Government of this State; or has ever given aiel, e*omfe)rt, e-ouiitenanee en- support to persons eng-ageel in any such he)stility; orliasener, in any manner, aelhereel to the enemies, foreig'ii e)r elome*stie*, of the United State*s, either l)y contributing to them, or by mdawfully sending within their lines money, goods, letters or informa- tion; oi* has ever disloyally held communication with such enemies; or has ever advised or aided any person to enter the service of such enemies; or has ever, by a(*t or word, manifested his adlierenee to the cause of such enemies, or his desire for their triumph over the arms of the United States, or his symi)athy with those engaged in exciting or carrying on rebellion against the Ihiited States; or has ever, except under overpowering compulsion, submitted to the authority, or been in the service of the so-called '* Confederate States of America ; or has ever left this State, and gone within the lines of the armies of the so-called '“Confederate Stat(*s of America, ’ ’ with the i)urpose of adhering to said States or armies; or has ever l)een a niembei’ of, or connected with, any order, society, or organization, inimical to the Government of the United States, or to the Government of this State; or has ev(*r b(*en engaged in guerrilla warfai-e against loyal inhabitants of the Unit(*d Stat(*s, or fn that descrip- tion of marauding commonly known as '“bushwhacking;’’’ or has ever knowingly and willingly harbor(*d, ald(*d, or countenanc(*d any person so engag(*d; or has ever come into or left this State, for the purpose of avoiding em-ollment for oi- draft into the military service of the United States; or has ever, with a view to avoid enrollm(*nt in tlu* militia of this State, or to escape the i)erformanc(* of duty therein, or for any other purpose, ein*olled himself, or authorized himself to be (*nrolled, by or b(*for(* any otlic.er, as disloyal, oi* as a Southern sympathiser, or in a.ny other terms indicating- his "disalfection to the Government of the United Stat(*s in its (‘ontest with i-(*lx*Hion, oi- his sympathy with those engaged in such reb(*llion; oi-, having (*ver vot(*d at any election hy tlu* people in this Stat(*, or in any otlua- of the United Stat(*s, oi- in any Of their 'I’erri- tories, or h(*ld ollice in this State, oi- in any otlu*i- of tlu^ Unit(*d States, or in any of tlu*ii- d'ei-ritori(*s, or under the Unit(*d States, shall llu*r(*aft(*r hav(* sought or i-(*c(*ived, under claim of ali(*nag(*, the i)r()t(*(*tion of any for(*ign gov(*i-nnu*nt, thi-ough any consul or other otlicer therixif, in or(U*r to s(*cuiv (*x(*m])tion from military duty in the militia of this State, or in tlu* army of the United Statt*s: noi- shall any such ]x*rson be capable of holding in this Stati* any otlici* of honor, trust, or protit nnd(*r its authority; or of being an otli(*cr, (*ouncilman, dii-(*ct(jr, trust(*e, or other manager of any corporation, public or private*, now existing or hereaft(*r (*stablished by its autboi-ity ; or of acting as a professor or teacher in any (xhicational institution, or in any common or otlu*r school; or of holding any real (*state or otlu*r jiroiierty in trust for the use of any church, religious soci(*ty or congr(*gat ion . But tlu* foi-(*going provisions in rela- tion to acts done* against tlu* United Stat(*s shall not apidy to any jicrson not a citizen th(*r(*of, who shall have* ceemmitteel siu-h aeds while* in the servie*e of sonio feereign e-eenntry at war with the Uniteel States, and who has, sine*e such ae*ts, be*e*n natm-alize*el, oi- may he*re*afte*r be natiiralizexl, unde*r the laws eef the United State*s; anel tlu* eeath eef le)yalty he'reinafter pre*se*ribeel, whe*n taken by any such person, shall be consiele*reel as taken in sue;h sense. Skc. 4. ddu*, Ge*neral Assembly shall immediately ])roviele by law for a e*omplete anel unifeerm r(*glstratie)n, by ele*ction distrieds, of the name's of epialitie'd veeters in this State; which ivgistration shall be evielene*e eh’ the 2 18 (;ONSriTUTlON OF THE (liialilioalioii of all r(‘;ristc*r(*(l voters to vote* at any election tlionaifter lield ; but no person sliall ])e excluded from votin<»- at aiiy election, oji a(‘count of not])eino- r(‘oist(>red, until tlie (bmeral Assembly sliall have passed an act of registration, ami the same shall have been' carried into elfect; after which, no iiei-son shall vote, unless his inimo shall have Ixam reoistered at least ten days before the day of the election; and the fact of such re«-istra- tion shall b(* no otherwise shown than by the reoistm-, or an authentic copy thereof, certilied to the judge's of election by the registei'ing otlicer or officers, or other constituted authority. A new registration shall lie made within sixty days next jireceding the tenth day prior to eveiy biennial general (‘lection, and after it shall have beem made, no persoli shall establish his right to vote, by the fact of his name appearing on any previous register. Sec. 5. Until such a system of registration shall have been established. (‘.v(ny i)(‘rson shall, at the time of offering to vote, andb(*fore his vote shall be re(‘eived, take an oath in the terms ijrescribed in the next succeeding sec;- tion. After such a system shall have been established, the said oath shall be taken and subscribed by the voter at each time of his registration. Any i)erson declining to take said oath shall not be allowed to vote, or to be registered as a (jualitied voter. The taking thereof shall be deemed eonciusive evidence of the right of the person to vote, or to be registered as a voter; but such right may, notwithstanding, be disapprovech And after a system of registration shall have been estriblished , all evidence for and agai'nst the right of any person as a (pialitied voter, shall be heard and i)assed upon by the registering officer or officers, and not by the judges of election. The i-egistering officer or officers shall keep a register of th(‘ names of persons rejected as voters, and the same shall be certified to the judges of election; and they shall receive the ballot of any such rejectec'l voter offering to vote, marking the same, and certifying the vote tluireby given, ivs rejected; but no- such vote shall be received unless the party ottering it take, at the time, the oath of loyalty hereinafter pi-e- scribed . Sec. 0. The oath to be taken as aforesaid shall be known as the Oath of Loyalty, and shall be in the following terms : •‘I. A. B., do solemnly swear that I am well acfpiainted with the terms of the third section of the second Article of the Constitution of the State of Alissouri, adopted in tlie year eighteen hundred and sixty-tive, and have carefully considered the same; that I have never, direOly or indirectly, done any of the acts in said section specilied; that 1 liave always been truly and loyally on the side of the United States against all eneniies thereof foreign and domestic; that I will bear true faith and allegiance to the United States, and will support the Constitution and laws thereof, as the supreme law of the land, any law or ordinance of any State to tin* contrary notwithstajiding; that I will, to the best of my ability, pi-otect and defend the Union of the United States, and not allow the same to be brok{*n up and dissolved, or the Government thereof to b{‘ destroyed or overtlu-own, under any circumstances, if in my i)ower to pr(3ventit; that 1 wall suppcjrt the Constitution of the State of Alissouri; and that 1 make this oath without any mental reservation or evasion, and hold it to be binding on me. ’ ’ Sec. 7. AVTthin sixty days after this Constitution lakes effect, every j)erson in this State holding iiiiy office of honor, trust or protit under the C'onstitution or laws thei'eof, or under ;uiy municii)al corj)oration, or any of the other offices, positions, or trusts mentioned in the third section of this Artich*. shall take and subscribe the said oath. If any officer or per- son ]-eferred to in this S(*ction shall fail to comply with the re(iuirenients then'of, his offi(3e, i)osition, or trust shall, ipso facto, become va(*ant, and the vacancy shall be tilled a(*(a>rding to tin* law governing tlu* case. Sec. H. No vot(* in any election by the ])eople shall he cast ip) for, nor shall any <‘(‘i-titicnte of e'k'ction be granted to, iiny i)erson who shall not. within tifte(‘n days next i)r(3ceding such election, have taken, subscribed and 1il(*d said oath. Sec. 9. No i)erson shall assume the duties of any State, (‘oiinty, city, lown, OF other office, to which he may be appointed, otherwise than by a STATE OF MrSSOUKI. 19 vole of llu' pooplo; nor slinll :niy ixM-son, after tlui oxi)irntion of sixty (lays aft('r this ( 'onstitutioii takes elfoct, lx* ixM-initted to jn-aeticM* as an attoriu'v or (*onns(‘llor at law; noi-, after that time, sliall any person b(? eonipetent as a bishop, i)ri('st, deaeon, minister, eldei-, or other eler^y- man of any n'liyions ])ei-snasion , seet, oi‘ (Umomination , to teaeli, or ])reaeh, or solemnize' marriages, unless sneh person shall have tirst taken, snhseril)ed, and tiled saidoaUi. Sue. Id. Oaths taken in pursuance of the seventh, eig’hth and ninth sec- tions of this Article, shall he tiled as follows: By a State civil otlicer, ora candidate for a State civil otKce*, and by members and officers of the present Oeiu'ral Assembly, in the office of the Secretary of State; by a military offi- cer, in the office ()f the Adjutant General; by a candidate for either lunise of the Geiu'ral Assemidy, iii the clerk bs office of the County Court of the comity of his residence, or in that county where the vote of the district is riMpiired by law to be cast up, and the certiticate of election granted; by a city or town officer, in the office where the archives of such city or town are kept; and in all other eases, in the office of the Clerk of the County ( k)urt of the county of the person’s residence. Sec. 11. Every court in which any person shall be summoned to serve as a g-rand or jietit juror, shall reiiuire him, before he is sworn as a juror, 10 take said oath in open court, and no person refusing to take the same shall serve as a juror. Sec. 12. If any person shall declare that he has conscientious scruples against taking an oath, or swearing in any form, the said oath may be changed into a solemn affirmation, and be made by him in that form." Sec. 13. In addition to the oath of loyalty aforesaid, every jierson who may be eh'cted or appointed to any office, sliall, before entering upon its duties, take and subscribe an oath or affirmation that he will, to the best of his skill and ability, diligently and faithfully, without partiality or prejudice, discharge the duties of such office according to the C'onstitihion ami laws of this State. Sec. 14. Whoever shall, after the times limited in the seventh and ninth sections of this Article, hold or ('xercise any of the offices, positions, trusts, iirofessions, or functions therein spi'citied, without having taken, snbsci'ibed, and tiled said oath of loyalty, shall, on conviction thereof, he punished by tine, not less than live hundred dollars, or by iini)risonment in the county jail not less than six months, or by both such tine and imprisonment; and whoever shall take said oath falsely, Iw sw(‘aring or by affirmation, sball, on conviction thereof, be adjudged guilty of perjury, and be punished by imprisonment in the penitentiary not less than two years. Sec. 15. Whoever shall be convicted of having, directly or indirectly, given oi* olfcred any bi'ibe, to pi-oeni-e his election or appenntment to any office, shall Ix^ discpialilied for any office of honor, trust or ])rolit under this State; and wlioever shall give or otferany bribe to ]»i-ocm’(' tin* election or api)ointm(*nt of any othei- person to any office, shall, on conviction thei’cof, be dis(jnalitied for a vot(*i-, oi- any oilice ofhonoi-, trust, or protit under this State, for ten years aftei' such conviction. Sec. K). No officer, soldier, or marine in the regidar army or navy of the United States, shall be entitled to vote at any election in this State. Se(E 17. No i)erson who shall make, or Ix'come, directly or indirectly, interested in, any het or wager depending upon the result of any election, shall vote at sneh election. Sec. is. Every white male citizen of the United States, and ev(ay white male i)ei-son of foreign birth who may have (k'clared hlsinteidion to become a citizen of tlx' Ihut(‘(l States, according to law, not less than one year nor more than live years before he otters to vote, who is over the ag(; of t\yenty-one yeai-s, who is not dis(pialili(‘d by or under any of the provisions of this Gonstitntion, and who sball hav(^ com])lied with its recpiiremeiits, and have I'csided in this State one year next preceding any eh'ction, or next prec(*ding his i-egistration as a voter, and during the last sixty days of that ]x*i-iistcrod, except as provided in the twenty-tirst se'ction of this Article. Sec. 10. After the first day of January, one thonsand ei^ht hnndi-ed and .seventy-six, every person who was not a (pialified voter prior to that time, shali, in addition to the other (puditioations reeptired. be able to read and write, in order to become a ({iialitied voter ; unless his inability to read or write shall be the result of physical disability. Sec. 20. For the pin-po.se of votiiio-, no pi-rson shall be d(*emcd to have gained or lost a residence, by r(*ason of his ])i-escnce or abs<*iice whih^ emplo 3 x*d in the service of the Ihiited States, noi- while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student in aipv seminarv of learning; nor whih* kept at any poor-house, or other a.syinm, at iiiililic expense; nor while contined in' an^' imblic prison. Sec. 21. Any cj iialitied voter under the eighteenth section of this Article, who im^ be absent from the iilace of his residence, bv reason of being in the vohmteer arnyy of the United States, or in th<^ militia force of this State, in the service thereof, or of the United States, whether within or without the State, shall, without registration, be entitled to vote in an 3 " election occurring during such absence . The votes of all such persons, wherever the.v may be, ina^^ betaken on the day tix(*d by law for such election, or on any da.y or da^^s within twenty days next ])rior thereto; and the General As.sembh- .shall jiroyide by law for the taking, return, and counting of such yotes. Eyery such jierson shall take the same oath that all other yoters ma^' be required to take, in order to yote. Sec. 22. Voters shall, in all cast*s, except treason, felon}', or breach of the peace, be privileged from arrest during their continnance at elections, and in going to and returning from the same. Sec. 23. Any person who may at aiyy time have dom* anv' act, which, under the third section of this Artich*, 'lias disqnalitied or ii'uu' disipialify him, as therein exjire.ssed, and who sliall, after the commission of sncii act, have yolnntarily entered the militar}' .service of the United States, and have been honorabl}' discharg(*d therefrom, and aft(‘r such dischargi^ have demeaned himself in all respects as a. loyal and faithful citizen, may be relieved from .such disqnalitication. In 'order thereto. In* .shall, in person, present his petition to the Gii-cnit Gonrt of the county of his residence, .stating specitically the act or acts which produced such dis- (inalitication, and the ground ipioii which he jirays to be relii'ved th(*re- from; and the court shall set a da}' for hearing the cause, not less than live da^'s after the ])resentation of the petition; wh(*n, if it a{)p(*ar Iw a competent proof that tlu^ petitioner is jnsth^ entitled to the n-lief prayi'd for, th(* (‘onrt shall make a decr(*e removing such discpialitication. But any act done by such pensoii after the date of such decree, which would imiiose a disqnalitication under said third section of this Artich*. shall make such decree null and void, and remit him to his jirevions condition of disqnalitication; and no such decrei*, shall b(* grant(*d a .second time in his favor. 8ec. 24. After any iierson .shall have been so rerK*yed by tin* d('(*rc(* of a Circuit Gonrt, he shall, in ord(*r to A'otc*, or hold any of the olllc(*s, positions, or trusts, or exerci.si^ any of the privil(*g(*s or functions h<*r(*in liefore specilied, take the oath of loyalty afor(*.sald, (*xc(*])t tin* part thcr(*of which refers to the third .section of this Article and to tlu* ])ast acts or 103 'alty of the per.son taking the oath. Sec. 25. After the first day of dan nary, om* thonsand eight hnndr(*d and .seyenty-one, and until the dab* h(*rcinafter nam(*d, tin* G(*nci-al Assembh' .shall have ])Ower, if a, majority of all tin* m(*mb(*rs (*l(*ct(*d to both hon"s(*s concur therein, to snsp(*nd or r<‘])(*al an\' part of tin* third, tifth, and sixth .sections of this Article, so far as th(* sana* r(*lat(* to tlu* (pialitications of vot(*rs, but no farther. Aft(*r tlu* tirst day of .lannai-y. one thousand (*ight hnndr(*d and .S(*yenty-tivc, tlii^ G(*n(*ral Ass(*mbl 3 may wholly suspend or rejieal the third, fourth, lifth, sixth, eighth, ninth. S'l’ATK OF MISSOUIM. 21 ((‘Hill, and hvcinii soctioiis of this Ai-tiolo, or any pai-f lli(‘i-(‘of. if a liko iiiajorily of both Ikmiscs coikmii- therein, lint no sneli snsixMision or i’('))eal siiall have* tin* e(f(‘et of (lisjxMisin^’ witli tin' takin_<>;’, by every l)erson (‘h'eted or ai)i)oint(Ml to any ollie(‘ in this State, of so niueh of the oath of loyalty afor(‘said as follows tlu' woi'd ‘ ‘ donu'stie. ” On th(r passasi’i' of any hill, susp(“n(lin<*' or rei)ealin»‘ any of said sect ions, or any part thi'iH'of. th(‘ vote's of both lious('s shall he taken by yeas and nays, and ent('red on tlu' journals of the houses, respe(*tiv(*ly . The Ch'iieral Assembly shall also liav(' pow('r, at any time, to remove any such siisjeen- sion orrei)eal, and i-einstate the jerovisions sus])end('d orrepeah'd, in full force and ('tleet as a ])art of this ('onstitution. Kveiy sus])(‘iision or re])(‘al made* in luirsuanee of this section, shall l)e i^eneral in its teians, and not in any ease in favor of any named ])erson; but the Oeneral Assemidy may (*xeept from the benefit of such suspension oi' repeal any person, or class of pei'sons, it may see tit. Sk(’. 20. I'he General Assemlely shall provide for the exclusion from (*v(‘ry otlice of honor, trust, or jei-otit within this State, and ti-om the rio^it of sutfra«-e, of any person convicted of bribery, perjury, or other infamous crime. AirncLE III. DISTRIBUTION OF POWERS. The powei-s of A RTM E N T . Seution 1 . d'he legislative ])ower shall be vi'sb'd in a Geiu'ral Assembly, which shall consist of a Senab* and House* of K(‘i)iT*.s(*ntatives. Sixx 2. The House of R(*i)r(*s(*ntativ(*s shall consist of members to be chosen, every second y(*ar, by Ihe* (pialiii(*d voters of the several counties, and ai)portion(*d in the following manm*i’; d'h(* ratio of i-(*pres(*nlation shall lx* ascertaiiu'd at (*ach api)oi'tioning S(*ssion of the Genei-al Ass(*mbly, by dividing thee whoU* numb(*r of |X‘i-- manent iidiabitants of the* State; by tlu* nuinbe*!- Iwe) huneliTel. Each ce)unty having enu* i-atie), eu- le*ss, shall be* e'ntille*el te) erne* lb*j)r(*s(*ntat ive ; e*ach ce>imly having thi-(*e times saiel ratie) shall lx* (*nlit le*el te) twee lle*i)r(*- sentalivc's; e'ach e‘e)unty having six time's said ratie) shall be* e*ntitle‘el te) thi'(*e* K(‘))r{*se*ntalive*s; anel se) e)n abe)ve*that numbe*r, gi^■ing one* aelelit le)nal membe*i- lor ev(*ry thre'e* aelelitieenal ratie)s. VVhe'ii any e*e)unty shall be ('litilleel te) me)re than e)n(* lh*i)re*,se*nlativ(*, the (k)unty ('ourt shall e-ause saiel e-e)unty te) lx* subeliviele*el lute) as many ce)mpact anel ce)nve'ni(*nt distrie-ts as sue‘h eounty may be; (*ntit le*el te) lte*presentalives', whie*h elist rie*ts oint its own ollicers; shall jnd; 2 :(' <^t‘ the qnalitlcations, elections, and returns of its own members; may determine the rules of its proceedings; may arrest and punish l)y tine, not ('xct*ediny three hundred dollars, or by imi)risonm(‘nt in a county jail not exceed iny^ ten days, or l)Oth, any ])ei‘Son not a member, who shall be ;i*nilty of dis- respeet to the house, by any disorderly oi- contemptuous behavior in its pi-esence during its session; may punish its members for disorderly l)ehavior; and, with the (;oncurrence of two-thirds of all rhe memb(*i> elect(*d, may expel a member; but no member shall be ex[)elled a second time for the same cause. Se(\ 20. Each house shall, from tinu* to time, j)ublish a journal of its proceedings, (‘xcc^pt such ])arts thereof as may, in its opinion, recpiire secrecy; and the yeas and nays on any (piestion shall b(‘ taken, and ent(‘red on the jonrnal, at the desire* of any two members. ^Vh(*n(*ver tin* yeas and nays are demanded, the whole list of meml)ers shall be* called, and the names of abs(*ntees shall be noted, and publish(*d with the* journal. Sec. 21. The sessions of each house sliall be held with oj)en dooi>, except in cas(‘s which may reepiire s(*crecy . Sec. 22. Neither house shall , without the couseut of the otlu'r. adjourn for more than two days at any one time, noi* to any oth(*r j)lac(* than that in which th(^ two houses may be sitting. Sec. 2IE Hills may originat(> in (‘ither hous<*, and may be altt*red. amend(‘d. or reject(*d by the other; and (‘very bill shall be read on thr(‘e ditf(*rent days in each hous(*, uid(*ss two-thirds of the house, wh(‘re tin* saim* is pending, shall disp(*nse with (his i-ide; and every bill, havings passed both houses, shall be signc'd by tiu^ Sp(*aker of tlu* llous(^ of R(*l)res(‘ntativ(*s, and by the Fresid(‘nt of tlu* S(‘nat(*. Sec. 24. No bill shall be passed md(*ss by tlu* assent of a majority of all the nH*nd)(*rs (*l(*cted to (*ach hranch of the G(*n(*ral Ass<*mbly; and tlu* (pu'stion tipon tlu* linal passage shall lx* tak(*n immediat(*ly upon tlu* last reading; and the yc'as and najts shall lx* tak(‘n ther(*on and (*nt<*i*<*d upoii tlu* journal . Sec. 25. No act shall be reviv(*d or re-(*nact(*d by nu*r(* r(*f(*r(*nc(* to tlu* titk* th(*r(*of; nor shall tiny act lx* anu*nd(*d by providing that d(*signated words t lu*r(*of shall lx* struck out, or that d(*signat(*d words shall lx* struck out, and oth(*rs ins(*rt(*d in lieu tlu*r(*of; but in (*v(*ry such cas(* (lu* act reviv(*d or r(!-(*nact(*d, oi* tlu* act oi* pai-t of act anu*nded, n. lal)()r’m<>’ under leg’al disal)ility, by any executor, administrator, gnai’dian, tiaistee. oi- other i)er.sou ; or cliaii<>in<>’ tlnmiame of any ])(*rsoii ; or (‘stablishin^’. locating’, alt(*i‘ino- the eonrs(‘, or alfectinii’ the construction of roads, oi- tiie huildino-or r('])airino’ of hi-id^-es; or estahlishin^, alterin<^. or vacatin<» ()f any street, aveniu', or alley in any city or town; or exhmdin^- tli(^ time foi' the ass(;ssm(‘nt or collection of taxes, or oth(*rwise relieving- any assessor or collector of taxes from tin; due i)erforniauce of his otii(aal tluties; oi* ^ivin^’ elfect to informal oi' invalid wills or deeds; or le»'ali/in«’, excei)t as against tlu* State, the unauthorized or invalid acts of any officer: or ^rantin^' to any individual or comi)anv the right to lay down I'ailroad tracks in tlu; streets of any city or town; or exempting’ any |)roi)crty of any named i)erson or corporation trom taxation. The (General Asseiiihly shall ])ass no s[)ecial law for any case foi’ which lu'ovision can he made hy a general law; hut shall pass g-eneral laws, i)roviding, so far as it may deem necessaiy, for the cases enumerated in this section, and for all other eases whei-e a general law can ])e made applicable. Sec. 28. The (hmeral Assembly shall never authorize any lott(‘ry; nor sliall the sale of lottery tickets he allowed; nor shall any lottery heretofore authorized he i)ermitt('d to he drawn, or tickets therein to he sold. Sec. 29. The General Assembly shall have no power to make compen- sation for emancipated slaves. Sec. 30. The Gemn-al Assemldy shall have no pow('r to remove tln^ (ounty seat of any county, unless two-thirds of the qualitied voters of the county, at a general (dection, shall vote in favor of such removal. No compensation oi- indemnity for I’eal estate, or tlie im])rov(mients thereon, affected by such removal, shall he allowed. Sec. 81. The General Assembly shall have no power to establish any new county with a territoi-y of less than five hundred s(piare miles, or with a ])opulation less than the ratio of repi-esentation existing at tin* time; nor to reduce any county now established to less than that area, or to less ])opulation than such ratio. Sec. 82. No law euaeded hy the General Assembly shall relate to more than one subject, and that shall he exj)r(‘ssed in the title; hut if any subject (Unbraced in an act he not ('xpressed in the title, such act shall he void only as to so much thereof as is not so (‘xpressed. Sec. 88. The General Assembly shall direct, bylaw, in what inannei’. and in what courts, suits may he l)rought against the State. Sec. 84. When any ot1ic('r, civil or military, shall he appointed by tin* joint or coiicui-reut vote of both houses, or ])y the sei)arate voh' of either liouse, the votes shall h(' publicly given viva voce, and entered on tlu' journals. Sec. 85. 4'he General Assembly elected in the year oiu' thousand tuglit hundred and sixty-six. shall nuad on the tirst Wedn(‘sday of danuai’y. one thousand eight hundred and sixty-srwen; and theioafh'r the Gemn-al ^Vssemhly shall m(*(d, in regulai’ s(‘Ssion, ou(*e in every two yc'ars; and siudi meeting shall he on the tirst Wednesday of damiary, unless a (litfei-ent day he fixed hy law. Airrt( LE V. EXE C (IT 1 V E ])E P AIITM ENT. Section 1. The sipireme exeiailive iiower shall he vested in a (8u(d’ Magisti‘ate. who shall h(‘ styled *• "d’he Gov(“rnoi’ of the State of Missouri. Sex'. 2. Th(* Gov(*ruor shall he at least thirty-tlv(‘ y(>ars old, a whit(‘ nul(‘ citiziM) of the Uuihal State's t(‘n years, and a resident of this States seven y('ars next Ix'fore^ his (‘h'clion. Sec. 8. 'I’lu' Governor ('lected at the gi'in'ral (d(*ctiou in the y<*ar one thousand (‘ight hundiT'd and sixty-eight, and (‘ach Gov('rnor thcreattcr cl(‘(dcd, shall hold his office two vx'ars, and until his succ('.'f th(> Ilous(* of l*e)>res('ntatives, th(' (pialilic'd voters shall vote lor a Gov(*i’nor; and when tvxo oi' more ])ersons hav(* an('(pial numlx'r ol' vote's, and a higlu']- number than any other pe'rson, the ('le'ctlon shall he de'cide'd STATK OF MISSOFIM. 25 l)('l\V('(Mi tiu'in l)V ;i joint v()t(‘ of both Iloiisos of tin; (hMU'ral Ass(onl)ly, at tlu'ii' noxt S(‘ssioii. Skx'. 4. Tlu* (Jovonior sliall not be eli<>'il)le to otlice nioi-(^ than four years in six. Skc\ 5. The (h)V('rnor sliall be eoininan(l(M*-in-ebief of the militia of this State', exee'pt when tlu'y shall be eall(Ml into the serviea^ of the*. United State's; but he nee'el neit e'onnnand in persem, nnle'ss aelvise'el te) do se) by a re'Sf Intieni eif the (h'lie'i-al Assembly. Si:c. (). The (Joveiamr shall haA'e the iiower to ^rant i-eprie'ves, eoi.imn tations anel iiardems, after convict lem, tor all otre'iises exe^ejit treasein and e'ases e)f Impeae'hment, upon such conditions, and with such i-estriediems anel limitations, as he may think jiroper, subject to sue'h rei^iilations as may be iireivided lyy law n'lative to the manner of applying- for jiarelons. He shall, at each session of the Oeneral Assembly, cemimunicate to that boely eae'h ca.^e of reprieve, commutation, or jiardein granted, statin^- the name of the convict, the crime of which he was e-onvicted, the sente'iice anel its elate, the elate of the commutation, parelon, eir reprieve, anel the reasons fen* ^’rantin^* the same. He shall take e*are that the laws be dis- tributed and faithfully executeel; anel shall be a conservator of the peace throughout the State' . Sec. 7. The Governeu* shall, from time to time, give to the General Assembly informatie)n re'lative to the state of the Government, and shall recommend to their considei*ation such measures as he shall deem neces- sary and e'xpedie'iit. On e'xtraordinary oce*asions he may ceenvene the Ge'iieral Assembly by ])roclamation, wherein he will state sp('citi(*ally each matter concerning which the action of that body is deeined necessary; and the General Assembly shall have no i)ow('r, w hen so convened, to act iqx)!! any mattei* not so slated in the proclamation. Sec. 8. When any otlice shall become va(*ant, the (Jovernor, unless othei*vvis<', ])rovided by huv, shall appoint a i)erson to (ill such va(;ancy, who shall continue in otlice until a successor shall be !h:ill he hlhai hy the (’ounty Coui't. If sueli vaeaDcy happcMi in tin* olliee of slu'ritf, more' than niiu* niontlis ])i-ior to tiie time ()f liol(lino- a ♦‘■(Mieral election, siK'h Uonnty Uonrt shall immediately onUa- a s})(*eial (‘h'etion to till lh(' same; and the jxa'son by it a])i)oint('d shall hold olliee until tlu‘ ])erson ehosen at such eh'ction shall he duly (jnalili(*(l ; otherwis<‘. the person ai)pointed by sneh ('ounty (Joiirt shall' hold ollie(‘nei‘al (‘h^etion occurring’ more than thive months aft(*i- the hap])enino' of sneh vacancy, when tin; sam(‘ shall l)e tilh'd by (‘lection by the (lualitied voters of the State, for the residue of the term, " Se(’. 1). In eas(‘ of a tie, or a contest(‘d election b(‘tw(‘en the candidates, the same shall be (h'tei'inined in the manner i)reseribed by law. Sec. 10. If in ivgai'd to any cause ])(*ndin_i»- in the Suprenu' ( ’ourt. the judy(‘S sittinive decision, in the same manm'i- and with the same etfec.-t as one of the judges. If the i)arties cannot agree U[)on a s[)ecial judge, the court shall a])point one. Sec. 11 . The judges of the Siqn-eme Court shall give theii- opinion ujxjn im])ortant questions of constitutional law, and upon solemn occasions, when required by the Governoi-, the S(‘nate. oi- the House of Kei)i-esenta- tives ; and all such opinions shall be published in eomieetion with the reported decisions of said court. Sec. 12, The State, except the county of St. T.,ouis, shall be divided into not less than live districts, each of which shall embrace* at l(*ast three judicial eirciiits; and in each district a court, to IxUviiow n as the Disti-ict Coiii’t. shall b(‘ held, at such time's and ])lac(‘s as may be provich'd by lawE Piach District Court shall be lu'ld by tlu' judges of tbe Circuit ('ourts embraced in the district, a majoilty (jf whenn shall be a quoi‘um. The District Courts shall, within their respective districts, have like original jurisdiction with the Su])reme Court, and a])pellate jurisdiction from the tinal judgments of the Circuit Courts, and of all infeiaoi- courts of recoi-d within the district, except Pi-obab* and County Courts. After the establishment of such District Courts, no a])i)eal or writ of error shall li(*. fi'om any Circ-uit Court, oi- interior coui-t of record, to the 8u])reme Court, but shall b(‘ prosc'cuted to tlu' District Coui’t; from th(‘ tinal judgments of which an appeal or wwit of erroi- may be taken to the Supreme Court, in such cases as may be provided by hnv. Sec. 18. The Circuit (yOiirt shall have jurisdiction over all criminal cases, wdiich shall not Ix' othei'wise ])roviti(‘d for by law'; and (‘xelusive original jurisdiction in all (‘ivil cases, wbich shall not be cognizabh' Ix'foiv justices of the peace', until otherwise dir('ct('d by tlu' General .\ssembly. It shall hold its terms at such time and ])lace, in each county, as may be by law' directed. Sec. 14. The State shall be divided into convi'iiient circuits, of w Inch the county of St. Louis shall constitute oix', for ('acdi of which, exc'ejet as in the iK'xt succeeding section sjx'C'itied, a judge shall be (‘lect('d by tin' qualified voters of tlu' res])ective ciix'uits,' and, ex(*ept as hej-<‘inaft('r pi'ovided, shall be electi'd for the term of six years; but may contimu' in ollice until his successor shall Ix' elect('d and (pialitied; and tlu' judge of each circuit, after his ('lection or appointnu'iit, as lu'ix'inafti'r jirovided, shall r('sid(' in. and be a cons('rvator of tin' ]X'a(‘e witliin tlx' cii-cuit for w’bich he shall Ix' eleided or a])i)()int('d ; and if any vai'ancy shall happ('n in the otlice of any circuit judge, by (h'ath, n'signation, n'lnoval out ot his circuit, or by any other disrpiaiitication , the Governor shall, iqion being satisti('d that a vai'ancy ('xists, issiu' a writ, of (‘h'ction to till such vacancy; jiroviiU'd that said vacancy shall hapjx'n at least six months bef()i’(Ghe iK'xt g('nei'al (‘lection for said judge; l>ut if siu'h vacancy shall lKq)pen within six moidhs of ilu' gi'ix'ral (‘h'clion afoix'said, tlx' (Jovi'i'iior shall apjioint a judg(' for such circuit; but ('V('ry (‘h'ldion or ai)j)ointm('nt to till a vacancy shall Ix' foi- tlu' ix'sidiK' of llu', h'rm only. .And th(' GeiK'ral Ass(‘mbly shall provid(', by law, lor llu' el('(‘ti()n of said judges in tlu'ir r('S]x‘(‘tiv(' circuils; and in (‘ase of a 11(', or cont('s1cd ('lection b(*tw(‘(‘n lh(' can(lidat(‘S, the ,‘(>f()r(^ a ‘^cnicral (‘U'ction toi* said Jiidn'cs, At the general (‘leelion in tli(‘ y(‘ar one thonsand (‘ig'lit hnndrcMl and' sixty-eigiit, and at tin* g-(*n(‘ral (‘hadion evei-y sixth year tht‘realt(“r, exe(‘])t as lu'reinatter pi-ovidcaL all th(^ eii'euit Jndg'es shall ))(‘ (dcM'ted, and shall entcn* upon tluai- ofliees on tlu* tirst Monday of danuary ik'xI ensuing’. Xo Judicial eirenit shall hi^ all(‘r(‘d or (‘haiig’ed at any sc'ssion of tlu' (Jeneral .Vsseinhly next pre<‘eding the g’eiieral election for said judges. Sk(’. IT). From and afhu- the tii’st day of January, one thoiisand eight hundred and sixty-six. tlu* ('iieuit Court of the county of St. Louis shall 1)(* eom})os(‘d of tlu’ee judges, each of whom shall try causes sei)arately, and all, or a majority of whom, shall constituh* a court in hank, to decide (piestions of law, and to con-ect (*rrors occurring in trials; and, from and after that day, tluue shall not h(‘ in said county any other court of record having civil' jurisdiction, excej)t a Trohate f'ourt and a (A)unty Court, 'fhe additional judges of th(' Circuit C’ourt of the county of St. Lonis. authorized hy tliis section, shall be ap})ointed by the Covcuaior, with the advic(‘ and consent of the Senat(^. and shall hold their ofliees until the next general election of judges of Circuit Courts, when the whole number of tin* judges of said court shall l)e (dected. At the tirst session of said court afb'r the judg(\s thereof who may l)eelect(*d in the y(*ar one thousand eight hundred and sixty-eight shall have assumed olliee. the said judges shall, by lot, determim* tlarduration of their several terms of ottice. which shall be, ]’espe(,‘tively , two, four, and six y(‘ars; and shall certify the result to the Secretary (if Stab*. At the g(“nei-al election every two years aftei- tin* ch'ction in that year, om* judge of said eoiu’t shall be ei(*cted, to hold ottice for tin* t(*rm of six yeai’s from the tii’st .Monday of January n(*xt ensuing. J’he (jeiu'ral Ass(‘mbly shall hav(* power to in(*i‘(*as(* the numb(*r of the judges of said court, from tinn* to time, as the public interest may recpiire. Any additional judg(*s anthoi’ized shall hold oflice for the t(*rm of six y(‘ars. and b(* (*l(“ct(*d at a gc'iiei’al (‘lection, and enter upon th(‘ir ottice on the tirst Monday of January next (‘iisuing. Six’. 10. Th(‘ jiia visions eontaiiKMl in this Artichy re(piiring an (‘lection to b(* held to fill a vacancy in tin* ()tlie(‘ of judg(‘S of tin* Snpr(‘me and Circuit Courts, shall hav(‘ r(‘lation to vacanei(‘s occurring aft(‘r the y(‘ar one thousand (‘ight hundred and si\ty-(‘ight; up to wtiicii tinu' any such vacancy shall be, tilU'd by ai)p()intm(‘nt by tlu* C()V(‘rn()i-. Sk(’. 17. If th(‘i’(‘ b(* a vacancy in the otlice of judge of any circuit, or if he be sick, abs(‘nt, or from any eaus(‘ nnabk* to hold any t(‘i-m of court of any county of his eii-cnit. such term of court may b(‘ held by a judg(‘ of any ()th(‘r eirenit; and at the l•e(|U(‘st of tin* judge of any circuit, any b'rin of court in his eirenit may lx* h(‘ld by tlu* judge* of any otlu'r eirenit . Six’, is. Xo ])(‘rs()n shall lx* eli'cted or appolnt(‘(l a judge* of tlu* Su- pr(*nu! ('ourt . nor of a ( 'ireiiit Court. Ix'fore he* shall have* attaiiu*d to tlu* age* of thirty years, and have* bee'ii a ciliz(*n of the Cnited States tive* ye*ars. and a epialitied vot(*r of this State thre*(* ye*ars. Sue. It). Any judge* of the Supreme* Court or the ('ireiiit (\)urt may be r(*nu)V(*d tVom otlice. on tlu* ail(lre*ss of t wo-thirds of each house* of the* the* (b*n(*ral Ass(*mbly to the* (love*rnor foi’ that purpose*; but (*ae*h house* shall state, on its respective*, journal, tlu* cause for whi(*h it shall wish the* r(*nu)val of such judge*, and give* him notice* th(*re*e)f; and lu^ shall have* the; right to be luairel in his d(*fens(*. in su(*h mann(*r as tlu* (i(*ne*ral As- sembly shall by law elir(*(‘t; but no judge* shall be i-(*nu)veel in this maniu'r foi’ any eanse* for which he* might have* b(*(*n imp(*aeh(*el. Six’. 20. ddie juelg(*s of the* Snpre*nu* Court, and tlu^ ju(lge*s of the* (Ji’e.nit ('ourts sliall, at staf(*d times, rex*(*iv(^ a comp(*nsation for the*ii’ servie(*s, to be* tixexl by law, which shall not lx* diminished during the* period for which lh(*y Vvere* (*le*et(*el. Skc. 21. 'flu* (Mreuit (\)urt shall (*\e*rcis(i a sup(*)-lnt(*nding control ()V(*r all such interior tribunals as the* (b*n(*i-al .\ss(*ml)ly may establish, and ()V(*r justie'cs of tlu* pe*ace* in e*a(di comity in tluar r(*s])(Hdive c.ircnits. Sue. 22. d’he Supi’eme Court and the Disti’ict ('ourts shall appoint lh(*ii- r(*spective clerks, ('lerks of all otlu*)’ courts of i‘(*e*ord shall lx* ele*cted by the epialitied voters of the; county, at a general (*lec,tie)ii, and 30 CONSTITUTION OF THE sluill liokl ottice foi- tlie tei-ni of fouryeai-s from and after tlie tirst ISIoiiday of fJamiary lU'Xt ensuing, and \mtil tlieii- successors are r(‘Ss; and shall also ])rovidc for Hu* saU^ of tlu' stock owiu'd hy tliis State in the Hank of tlu' Stati' of iNlissouri, upon such terms and eoiiditioiis as shall h«‘ hy law established. Six’. 4. Corporations may he formed under general laws, hut sliall not he cri’ated hy siiecial acts exceiit for municipal piu'poses. All gen<‘ral laws and sjiecial acts passed pursuant to this section may lie altered, annmded. or repealed. Sicc. 0 . No municipal corporations, except cities, shall lie created hy special act; and no city shall he incorporated with less than fiv(‘ thousand permanent inhahitants, nor unless the people thereof, hy a direct vote upon the question, shall have decided in favor of such incorporation. Six:. G. Dues from private corporations shall lie secured hy such means as may he prescribed hj^ law; l)ut in all cases each stockholder shall lx* individually liable, over and above the stock hy him or her owned, and any amount unpaid thereon, in a further sum, at least equal in amount to "such stock . ARTICLE IX. rmuCATioN. Section 1. A general diffusion of knowledge and intelligence lieing essential to the preservation of the rights and liberties of the iieople, the General Assembly shall establish and maintain free schools, for the gratuitous instruction of all persons in this State, hetw(‘en the ages of live and twenty-one years. Sec. 2. Separate schools may he established for chihlren of African descent. All funds jirovided for the support of public schools shall lx* ai)pro])riated in proportion to the number of childi-en, without regard to color. Sec. G. The suiiervision of public instruction shall he vested in a Board of Education, wdiose powers and duties shall he prescribed bylaw'. A Superintendent of Rnhlic Schools, who shall he the President of the Board, shall be elected hy the qualitied voh'rs of tin* State*. lie shall possess the qualifications of a State Senator, and hold his office for the term of four years ; and shall perform sucli duties, and receive such cxnnpensation, as may he jirescrihed hy law'. Tlie Secretary of State* and Attorne*y Genei-al shall he ex-officio memhei'S, anel, with the Superin- te*nelent, compose saiel Hoard eef Education. Sei’. 4. The General Assembly shall also establish and maintain a State IJniveu’sity , with ele;partnie*nts foi' instruedion in teae*hing, in agriculture, and in nahiral se‘ie*nces, as soeen as the* Puhlie; Sehoe)! Funel will permit. Sec. 5. The ])roce;e(ls of all lanels that have* he‘e*n, eer he*re*afte*r may he. granted hy the Unite'el States to this Stateq anel not eitlierw'ise^ api)re)pi'iateel hy this States e)r theUnite*el States; also, all in<)ne*ys, stoe-ks, heinels, lanels. and otlu'r jireiperty now he'leenging tei any fund foi’ pnrpose*s eef e*elncation; also, the net jiroex'eels of all sales of lane'l and e)rhe*r pre)pe*rtv and e*lfects that may accrue to the State hy esche'at, eir freim sales e)f estrays, eir from unclaime*d elivielenels, e)i’ distributive share's e)f the e'states eef dee*ease*el pe!rse)ns, or from tines, penaltie*s and torteitni'es; also, any i)i’e)cee*ds e)f the sale's of the; pnhlie* lanels which may have*he*e*n, eer he‘re*afte‘r maybe*, jiaiel e)ve*r to this State (if (k)ngre‘ss will conse*nt te) sne*h appropriation) : also, all other grants, gifts, or elevises that have he*e‘n , eer h(*i'e*afte*r may he*, maele to this State, anel imt othe*rwdse aiipi'opriated by the te*rms eif the* grant, gift, en* ele*vise, shall he^ se*e:nre'ly inve*ste*el and sacre*dly prese*rve‘d as a Hnhlic Sclmeil Funel; the* annuar income* of which fund, toge'the*r with se) much of the ordinary revenue! e>f the State* as may he necessary, shall he! faithfully appreipriated feir establishing' and maintaining the* fre*e* schoeils anel the university in this Article proviele*d for, and lor no either uses en- purposes whatever. Sue;. G. Ne) part of the Public Se*hool Funel shall ever he inve*ste*d in the stock, or bonds, or other obligations of any State, or of any county. 32 (X3NSTriTJT[()N OF THE city, town or corporation. Tlie stock of the Bank of the State of Missouri now liehl for school ])nri)oses, and all other stocks helonoin^ to any school or nniversily fund, shall he sold, in such inanner and at such time as the (jleneral Assembly shall ])rescril)e ; and the proceeds thereof, and the ])roceeds of the sales of any lands oi‘ other property which now Ixdong, or may hei-eafter hclono-, to i^aid school fund, may he invested in the bonds of the United States. All county school fuiids shall he loaned, ui)on good and sulticient unincumbered real estate security, with personal security in addition thei'eto. Sec. 7. Xo townshij) or school district shall receive any i)ortion of the Public School Fund uidess a free school shall have been kept therein for not less than three mouths during the year for which distribution thereof is made. 3'h(‘ (feneral Assembly shall hav(‘ ])ower to recpiire, by law. that eveiy child, of sufficient mental and physical ability, shall attend the public schools, during the period between the ag(‘S of tive and eighteen years, for a term e(piivalent to sixteen months, unless ediutated by other 'means. Sec. 8. In case the Pu])lic School Fund shall he insufficient to sustain a free school at least four months in every year in each school district in this State, the General Assembly may j^rovide, by law, foi- the raising of such deticiency, liy levying a tax on all the taxable property in each county, township, or school district, as they may deem jiroper. Sec'. 9. The General Assembly shall, as far as it can he done witliout infringing upon vested rights, reduce all lands, moneys, and other projierty", used or held for" school purposes, in the various counties of this State, into the Public School Fund hei-ein provided for ; and, in making distrihution of the annual income of said fund, shall take into consideration the amount of any county or city funds, aiiproiiriated for common school piu'iioses, and make such distrihution as will ecpialize tin* amount appropriated for common schools thronght the State. AR JTGLE X. iVlTLlTIA. Section 1. All able-bodied male inhabitants of this State, between tiu' ages of eighteen and forty-tive years, who are citizens of the UniPal States, or have declai-ed their intention to become citizens of tla^ United States, shall be liable to military duty iii the militia of this State; and there shall he no exemption froni such duty, except of such jiersons as the (ieneral Assembly may, by law, exempt. Se(’. 2. The General Assem'hly shall, by law, provide for tin* organiza- tion of the militia, and for the paying- 'of the same when called into actual service; hut there shall he no officer above the gradi' of hrigadiiu- general, nor shall there he moi-i^ than two officers of that grade. Sec. 9. Each comiiany and regiment shall elect its own company and regimental officers; lint i'f any company or regiment shall neglect to elect such officers within the time prescilhed by law , or by the order of the Governor, they may he ai)pointed by the Governor. APTIGUE XI. MlSCEl.LANEOUS PROVISIONS. Section 1. The Genei-al Assembly of this State shall never interlerc with the ])rimary disposal of the soil' by the Unittai States, nor with any regulation whidi Gongress may hnd n(‘C(‘ssary for securing the tith* in such soil to th(^ bond pde purchasei-s. Xo tax shall b(‘ im])os(‘d on lands the proi)erty of tin* Unih'd State's; nor shall lands belonging to jx'rsons r(;siding out of the limits of this State (‘V('r be' taxe'el at a higher rate than the lanels beleinging tei iierseins resieling within the State. Sec. 2. The^ State shall have (ienunirrent Juriselie;tie)n on the rivei- Mississiiipi, and on eveu-y either river horele'ring on the saiel State', see fa?- as the' said riven- shall t'bi-m a e'ommou beumelaiw tei this State aiiel any other State whie'h imiy be bouneleel tlu're'by; anel the safel river Mississi])j)i STATE OF MISSOIIIM. 33 and the iiavi.u-ahlo rivers and waha-s h'adiii^’ info tin* sain(‘. wlndlicr horderino- on or Nvitliin tins State, shall be eoininon highways, and forever free to tlu' citizens of this State and of the United States, 'without any tax, duty, impost, or toll therefor imposed hy the State. Sko. .‘U All statute laws of this Stati* now in fore(‘, not inconsistent with this ('onstitntion, shall continne in force until they shall ex[)ire hy their own limitation, or he amendc'd or repealed hy the (General Assembly; and all writs, prosecntions, actions, and causes of action, except as herein otherwise i)rovided, shall continue; and all indictments which shall have heim fonnd, or may hereafter he found, for any ca-ime or offense (‘ommitted before this (constitution takes effect, may he proceeded upon as if no chan»-e had taken place, except as hereinafter specified. Sec. 4. Xo ])erson shall l)e prosecuted in any civil action or criminal proceeding-, for or on account of any act hy him done, performed, or executed, after the first day of Januaiy, one thousand eight hundred and sixty-one, hy virtue of military authority vested in him "by the (Tovern- meiit of the United States, or that of this State, to do such act, or in ])ursuauce of orders received hy him from any person vested with such authority; and if any action or i)roceeding shail have heretofore been, or shall hei-eafter be, instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof. Sec. 5. No ])erson Avho shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry, a challenge therefor, or agree to go out of this State to fight’ a duel, shall hold aiiy office in this State. Sec. G. Xo money shall be drawn from the treasury, but in conse- (^uence of ap])i-opriations made by law; and an accurate account of the receijffs and expenditures of the public money shall be annually pub- lislied. Sec. 7. Xo ])erson holding an office of i)rofit und(‘r the United States, shall, during his* continuance in such ofii(;e, hold any office of ])rofit under this State. Sec. 8 . In the absence of any contrary i)rovision, all officers now or hereafter elected or appointed, shall hold office during their official t(*rm. and until their successors shall be duly elected or appointed, and qualified. Sec. G. The (General Assembl}" shall have i)Owei- to repeal or modify all ordinances adopbul hy any previous ('onvention. Sec. 10. The seat of (iovernment of this State shall remain at the City ofJefierson. Sec. 11. X(» person eman<‘ipat(“d by flu* "Ordinance ahoUshinfi slavery/ in Afissouri,'^ ’’ ado])ted on the eleventh day of January, one thousanil (‘ight hundi-ed and sixty-tiv(u shall, by any ('onnty Court oi- other anthority, la* api)renticed , or bound for any s(‘rvice, exc(*pt in i)nrsnance of laws made s])ach boai-d of trustees of the towns of St. Ijonis and Stc*. (l(*n<‘vi<‘ve shall, on or befori' the lii'st day of iMarch next, <-ans(A() b(‘ pnblislu'd, in 1h(^ Missouri Gazette, a corri'et statiMOent of all mon(\Vs receiv(*d and disbni-sed for tlu; use and biMuhit of {‘ith(n- of the towns since the same: has b(*(Mi ineoi-])oi-aled . which stahmumt shall be published in lh(‘ Fi-eneh and Lnglish languages, and a like statiMuent shall be made and ]mbli'h(*d by the ti-nstces evei-y six months th(‘reafter; and if the chairman of {'itluM- lioard of trustei's for tlu- said towns shall, at any liim-, nogh'ct to mak(‘ and eansc to be publisluMl a statement as afor(!said, according to th<‘ provisions of this act. In* shall forfeit and pay, for every such iK'glect, the sum of lifty dollars^ to be i-ecovei-ed by action 38 LAWS ( OXCEKNING THE TOWN OF S1\ LOUIS. of (l(*bt ill any court of record, in this teiTitory, iiaving competent juris- diction; one-lia]f wliereof sliall be for the use of the said corporation, and the other lialf to the usi' of any ixu-son wlio will su(‘ for tlie same. 2. That tlie chairman of each hoard of trush'cs sludl hi* authorized to comnumce suit in his own name, as such, a^-ainst any jierson wlio may liave been an ollicer of tlie said corporation, and who (ietains in his liands money belonging- to the same; which suit may he commenced and carried on to tiiial judgment and execution in any court liaving competent juris- diction tliereof. This act shall take eflect and he in force from and after Hie passagi* thereof. Approved, Januaiy 15, 1813. AN ACT EXTP]XUIXG CERTAIN POWERS TO THE TRUSTEES OF TUE CORPORATION OF THE TOWN OF ST. LOUIS. Be it enacted by the General Assembly of the Territory of Alissouri, as follows: 1. That the trustees of the town of St. Louis he, and they are hereiiy, authorized to have a survey and plat of said town made h'y tlie comity surveyor, and to ascertain and tix the exact dimensions, metes and boundaries of each street and town lot, according to the right and title of each (Claimant or owner of said lot or lots, having regard to all acts of Congress on the subject, and also to a ])lat of said town de])osited with . or recorded in, the Recorder’s otHce of this territory, so far as said plat may go, or have been made. 2. That the lot or lots whereon Auguste Choutee.u, senior, now lives, shall first he ascertained and fixed, and the same shall then form the haso or ])lace of heginning for making out, ascertaining and tixing the dimen- sions of each street and town lot within the ])lan or limits of said town . And the said '.surveyor shall maki* out tlirix' copies of said ]ilat or survey, and return tlie .‘sanie to the hoard of trustees for the town of St, Louis; one of wduch the said hoard of trustees sliall lodgi' or lib' with the clerk of the county court for the county of St. Louis, and after the same shall he apjiroved*. as hereinafter provided, to he recorded by ,<^aid clerk; and shall pi'esent another of the said plats to the General Assembly, which, if apjii-oved and sanctioned by the said Genei-al Assembly, shall thereafter he considered as the plat of the town of St. Louis. 3. ’riiat from and after the ajiproval of said plat, as aforesaid, the hoard of trustees for tin* town of St. Louis may, when(*ver they think propi'r. proceed to gi\n etfect to such jilat and survi'y, by remoA'ing, or causing to he removed, all obstructions in the streets, or (‘ncroachments tlKU-cHni, or upon any lot or lots owned by any jirivate jier.'^on , as far as the same may lie pra'cticahh'. And if any ])ei-son shall re.^ist the authority of the trustees, exei’cised by them, or any ollicer by them ap])ointed for tin* puriiose of carry into ellect the pi’OAisions of this act, he. sh(‘, or they, on conviction thereof, before the chairman of th(' hoard, shall forleit and ])ay, for the use of the town, twimty dollars, and for every successive oflense, the sum of tifty dollars. y\nd each and (‘very I'esistance of th(‘ authority aforesaid, for the jmrposes afore.said, shall form a, di.^^linct otfense.* 4. d’hat the ti-ustees of the town of St. Louis shall, trom and aft(‘r the })assage of this act, he vested with full pow(‘r to lic(*ns(‘ and r(*gulat(‘ all feia-ies established within tlu* limits of the sanu', and lo apply tli(‘ license mon(*y aiising therefrom to the use* of said town: JTovided, 4'hat said hoard' of truste(‘s shall not have the i)ow(*r to i-eyoke any ferry liciaise grant(*d by the ('ourt of Uommon Fleas pi-ioi- to this act. 5. That the .said hoard of ti-ush'es shall have power to levy and col- lect a tax on said town, foi- jiaying tlu* exjx'iisc* of making said plai oi- survey: Provided, they shall not have sullieicait funds in their hands, or subject to theii' disposition, for said jiurposes. (MIAHTERS OF THE OITY OF ST. LOUIS. (). Tliat 1h(' lots shall lx* mimlxMV'd pro^^rossivcly , Ix'ycimiiii;^ wilh 1h ele;e;tie)n as atbre'saiel, in sne*h manne*i* as sliall be* ])re)viele*el by orelinane'e*. 5. That the* l)e)ai*el e)f alele*rme!n shall appeeint the*ii* i)re‘siele*nt anel all other e)Hic‘e*rs e)f the* be)arel, shall jnelge* e)f the; epialilie-atieens, e*le*e*tie>n.^ and returns e)f the*ir e)wn members; a majeerity shall e-eeirstitnle* a e|Uornm 40 CHARTERS OF THE CITY OF ST. LOUIS. to do l)u^iu(‘ss, ])ut :i sinjillcr iiuiiilxo' in:iy udjotirji from day to day, and may comix^l tlie attcndauco of absent meml)(3rs in sncli mannei- and nnd(‘r sneli ixMialties as tlie board may ])rovide; they may determine tlie jnil<\s of l)roe('edin<'’, ]>unisli their nieml)ei-.s foi- disordei-ly eonduct, and, l)y the (a)neni-iene(* of two-tliirds of tlie wliole number elected, exixd a nuanlier, but not a second time for tlie same cause; they shall, at the desire of any membei-, cause the j^eas and nays on any question to be enU'red on the Journal’s. b. The stated mt'etin^’s of the board of aldermen shall be on the lirst ^londays of March, dune, Septembi'r and December, in every year, but they may b(‘ convened at otluu* tini(\s. on extraordinary occasions, by the mayor: Provided, That the mayor and board of aldermen, may', by ordinance, altiu- the times of holdino* stated meetino-s. 7. The aldernum shall lie ex-officio conservators of the ])eace throuo’hout the city, and shall, Avithin the same, have all the iiowei's and jurisdiction now vest(*d in justices of the peace in matters of a (‘riminal nature, and shall exercise and ixudorm all jiowers and duties which may be vested in oi- recpiired of them by ordinance. 8. ddiat the mayor shall be electt'd by the qualitied electors of the city, shall hold his otlice for the term of one year, and until a successor is duly elected and (lualitied; when two or more ])ersons shall have an eipnil number of votes for mayoiq or any election for mayor shall be cont(3sted, it shall be determined liy the board of aldermen. 9. That the mayor shall be at least thirty years of ag’e, a citizen of the Ihiited States, shall have resided within the city for "at least two years iH'xt pi-(*cedin<>' his election, and be otherwise' (jualitied, as in the case of aldermen; and Provided, That no iierson shall lie eligible to the otlice e»f mayor who may, at the time of his eleediou, hold any office of honor, trust or jirolit, under this State or the Unib'd States. 10. That th(! mayor shall nonunatt'. and, by and with the concuri'ence of the board of aldermen, apjioint all officers within the' city which are not ordeiH'd by law oi- ordinance to be otlx'rwise apjiointed; he shall take carei that the laws of the State and the oi-dinances of the coriioration are duly ^‘iiforced, respected and ob'served, within the said city; he shall iiave ])owei\ with the (consent of the board of aldermen, to lemove trom office any persons holding offic(*s created by oi-dinance; he may remit tiiu's and forfeitures, and gi'ant re])iieves and pardons in any case aiising under the ordinances of the corporation; he shall be a conservator of tin* pi'ace within the limits of the city; he shall have jiower to till ail vacancies which may happen in any otlice (other than that of alderman) until the end of th(‘ session of the boai’d of aldermen which shall next haiipi'ii after the vacancy shall occur; he shall, from time to tini(>, give to th(' board of uldei’ineii inforiiKitiou lelative to tlx* state of the city, and shall )-ecom- meud to their consideration such measui-es as lx* shall deem expedient; he may, on extraoniiuary occasions, conveixi the board of aldermen by jiroclamation, stating to them, when assembled, the obj(*ct for which they wer(‘, conv(*ned; lx* shall ri'ceive such compensation for his services as may be jirovided by oialinance. 11. That when any vacancy shall happen in the otlice of mayor, by d(*ath, ri'signation, I'emoval or absence from tlx* city. remo\al from otlic(*, r(*fusal to (pialify, or otherwise, tlx* president of the board of ald(*i‘nx*n, foi* tlx*, time being, shall ex(*rcise tlx* office of mayor until such vaeamy shall be tilled; and dm-iiig tlx* time lx* shall so {'xereisi* such office shall i’(*c(*iv(i tlx* same compensation as tlx* mayor would lan'c lx*(*u <*utitl(*d to; and in case of vacan(*y, as aforesaid, otlx'r than a tompoi-ary al)S(*nce. tlx* jx'rson exercising tlx* otlice of mayor shall cau>-(* a new (*l(*ction to b<*lx*ld, giving ten days’ notice tlx'reof by lu’oclamation , Ui. 'i'hat tlx* mayor and board of ahh'rnx'ii shall hav(* ]x)wei‘, by ordinance, to levy and colh'ct taxes uixm I’cal aixl ix‘i-sonal in-ojierty. within tlx* city, not ('xc(‘(*ding oix‘-half of oix* p('r c('nlum u])ou the assessed valix* thei*(*of, (“xce))t as heri'inafti'i* (‘X(‘e])t(*d ; to make ri'gula- tions to pi-(‘V(*nt the introduction of contagious diseases; to make (juaran- tiix* laws for that juirposc*. aix! enforce tlxi sanx* within ten mih‘s of tlx* city, and within tlx* jurisdiction of the State*; to make I'cgulations to CIIAIJTEHS OF THE CITY" OF ST. LOUIS. 41 S(H*uro the lu'iillli of tlu^ iiili:il)ll;inls; lo i)i-(*v(‘iit iiiid i-('niove iiuis;m(*('s; to ('sfablish oi^ht w:it(‘li(‘s and })atrols, ciHicf laini),s in tli(! stnH'ts and li, wearing a})pa]'(d, or lu'cessary tools, or imjileimmts of any jiersons u.sed in carrying on his trade’, nor shall the sanu^ be subject to disti-ess or sale foi* tax 18. That upon the application of the holdei’s of two-thirds of the front of the lots on any street or part of a street, it shall he lawfid for tiie mayor and aldermen to levy and collect a special tax on the hohUn-s of the lots’ on said sti’eet or part of a street, according to tluar respective fronts, for the l)iu-])ose of i)aving such street or ])art of a street, and ui)on a similar application to le\y a tax in the same manne]' for the purpose of lighting the sti'cets or erecting lamps thennn. 14. That the mayor aud ahkn-men shall have ])ower to regulahg ])ave and improve the str<'ets, av(‘nues, lanes and alh'ys, within the limits of the city, and to exbmd, oi)en and wid(m sti-('(‘ts, avenu(*s, lan(*s and alleys, making tlu^ jxu'son or persons injurc'd thereby ade(|uat(‘ conijxm- satlon thei-efor; to ascei-tain which the inayor shall, in all such cas(‘s, cans(‘ to b(* summoued tw<‘lv(* good and lawfnl imm, fr(‘(4iold(‘rs. inhabi- tants of said city, not directly interested, who (being fully sworn for that jjurpose) shall iminire into, and 'take into con.'>;id(*ration, as well the benetits as th(‘ inconveni(*nc('S which may acci-iie, and estlmab' and assess the damag(“S \\ hich would lx* sustained by reason of the opening, extimsion oi- widening of any street, avenue, lane or alley; and shall, moi-(‘over, estimate th(‘ amount whieh other p(M‘sons will lx* b(*tu*lit(*d thereby, and shall contrilnite towai'd com]x*nsating tlx* p(*i-son injur(*d; all of which shall he returm*d to tlx* mayor. uixU'i* lh(*ir hands and s(*als, and the p(*i*son or jx*rsons who shall lx* lx*m*tit<*d, ami so assess(*d, shall ])ay the saim* in such )namx*r as shall lx* provid(*d for by ordinance, aud the r(*sidu(*, if any, shall lx* paid out of the city tj*(*asury. 15. That (*v<*rv bill \\hi<-h shall hav(* b(*en i)ass(*d by the board of ald(*rnx*u, sball, lx*for{* it lx*com(*s a Ia\N', lx* pi-(*scut(*d to tlx* mayor for his approl)ation ; if lx* ai*])i'o\(*. lx* shall sign it; if imt, lx* shall i-(*tui‘n it with his obje(‘tions to tlx* hoaid, and th(*y shall l•(*consid(‘l■ tlx* sanx*; ami if, aft(*r such i*(*consideration, a majority of the whoh* numlx*r <*l(*ct(*d shall pass the bill, it shall become u law; in all such cas(*s the ayes and 42 ciTAirrETJs OF ^riiE cirv of st. louis. nays shall he onh'red on the journals; and if any hill shall not h(^ I’etniaiod to the hoard within three days after it shall have been deliv{*i-ed to the mayor, as aforc'said, it shall become a law in the same mannei- as if he had ai)])roved it. K). That the styl(‘, of th(‘ laws of tin* said corporation shall he: ‘•‘‘lie it ordained by ihe Mayor and. Board of Aldermen of the City of St. Iajiuh ; ” and all ordinances shall, within one month after tliey are passed, be published in some newsiaiper pi-int(*d in said city. 17. That the mayor shall nominate, and, by and with the advice and consent of the board of aldermen, ai)point a* register of the city, who shall hold his office for the term of one y(‘ar, unless sooner removed, who, before he entei-s upon the duties of his'office, shall take and subscribe the oath hereinafter ])rescribed, and shall, moreover, ^ive bond with snfficiejit security, to l)e approved of by the nun-or, conditioned foi‘ the faithful discharge of the duties of his'office; and it shall be his duty to keep a register of all the official acts of the mayor, and when necessary shall atb'st them; he shall ])erform the duties of'clerk to the board of aldernnni. when in session; he shall keep a book or books, wherein shall be entered all the ])i-oceedings of the board ; which book sliall, at all proper times, be open to the ins])ection of tin; inhabitants of the city; and he shall kee]) and preserve in his office all records, public ])apers and documents belonging to the city, and shall perform such other duties as shall be enjoined on him by ordinance. 18. That the mayor, and each of the aldermen, and every other officer of the cori)oration, shall, before entei-ing on the duties of his office, tak«* an oath or affirmation l)(*fore some judge or justice of the peace, to support the Constitution of the United States and of this State, and faith- fully to demean himself in office. 19. That all prop(n-1y, real and personal, heretofore belonging to tlu' inhabitants of the town of St. Louis, or the trustees thereof, iii their cor])orate capacity, shall be, and is hereby dcadared to be, vi'sted in the cori)oration; aiid'all suits commenced for and on behalf of the said trus- tees shall be prosecuted to judgment and execution as if this act Innl not l)assed; and all moneys arising therefrom, and all fines, penaltic^s and forfeitures accruing to the .said trustees, shall be paid to the mayor for the use of the city; and all ordinances now in force shall remain in force as ordinances of the said city, until altered, moditied or repealed by tlu* said mayor and board of aldermen; all actions, tines, penalties, forfeitures, which shall have accrued, or may accrue, to the town of St. Louis, shall be vested in, and be prosecuted for, in the name of the corporation created by this act. 20. That a general election for the otli(*ers of the corporation shall be held on the lirst Monday of April in each and (‘very y(‘ar, in tin' several wards of the said city, in such manner as the imn'or and aldermen may by ordinance provide. 21. That all fre(* white male persons, of the age of twenty-one years, and who have paid a city tax. shall be entitled to vote at all '(‘h'cticj'ns for city officers; and at all such elections the vote shall lx* by ballot. 22. That it shall be the duty of the mayor to nominate and a])i)oint, and by and with th(‘ advice and consent ()f tin* board of ald(‘rmen, ap- ])oint a city constabh', who shall, b(*for(‘ entei’ing upon the disehaig’c of th(‘ duti(‘S of his (hlice, take the oath of office by this act prc'scialx'd, and enter into bond to the said corpoi-ation, with’ su!rK*i(‘nt s(‘eurily, to b(‘ ai)proved of by the niayoi-, conditioned for th(‘ faithful discharge' of tin* duties of his otlic(‘, which bond shall be d(‘))Osited and r(‘Cord(‘d in the registei’ks office; and tln^ said <*onstabl(! shall poss(*ss tin* same ])owers, and p(*i-form the same duties within tin* said city, as tlu' (‘oustabb's in tlu' dilferent townships possc'ss in tbeir l•(^sj)(‘(•li^’(* townships; and shall, mor(*over, ex(‘(mt(‘ and re'tuiai all i)i-oc(‘ss which may be issued by tin' mayoi-, or any ahb'ianan, and sucb otlu'i- duties as slndl b(‘ i)rescribed by ordinance, and shall be (‘iititled to the sanu' conqx'iisation as shei-itVs and constables in like cases. 29. That tlui lirst election for mayor and ahb'rnu'u shall lx* Ix'ld and condueb'd by the trustees of the town of St. Louis, or any two of them, ( irAirrKiis of ^riiF ( rrv of st. louis. 43 at tli(‘ onic(' of llu' i-(‘i>ist(M- of said town, wliicli oU'otion sliall Ik* ooTidnolnd aoc'ordiiii*' to the ('xistino' laws of the State i’(“<>;ulatin<>’ eleetioiis; and tin* said tni'' indorsc'd on sneh eertilieate, shall he eei‘tili(Ml hy sneh j inline or jnstiee; and at sneh tirst (‘h'etion. all ])(M-sons, (othei-wise (inalitied.) who hav(' paid a eori)oration tax in the town of St. Ta)nis, shall he enti- tled to a vote, 2-1. d'hat the fore<>’oino’ ]n’ovlsions of this act shall take effeet as soon as they shall he ae('epted hy the iidiahitants of said town, and not before, in manner following-, that is to say: .Vn election shall he held on the tirst Monday of March next, hy the trustees of said town, or a majority of tliein, at the ofliee of the register of said town, at xvhi(*h all free white mal(‘ p(n’sons, othei‘wis('! qualilied, who have ])aid a coi-poration tax to the town of St. Louis, and who nvside within the limits i)resei-ibed in the tirst section of this act, shall he entitled to vote; and at the s;iid election, the vohn-s shall vote hy ballot ‘ ‘for or ac’ainst the city charter, ’ ’ and if a majority of all the vot(*s given shall he for the city charter, the said hoai-d of trustees shall determine on what day the first election for city officers shall he held, Avhich shall not he more than two months, nor hvss than thr(*e Aveeks, after the a(‘ceptanee of the charter, and shall (*anse a notice thei-eof to he published in some newspaper prinh'd insaidtOAvn, for at least Iavo Aveeks l)efo]'e the day appointed for such election; hut if the charter shall not he acee])t(*d as aforesaid, the said trnstcM's may, from time to time, whenever they shall h(‘ p{'titioned to that elfect hy at least one himdred hons(>holders, residing xvithin the limits afonvsaid, "cause an election to he held as aforesaid until th(‘ chartin’ shall he accei)t(‘d. giving at least two AViH'ks’ previous notici^ of such election, hy iinhlication in sonu^ iK'wspaper ])rinted in said toAvn; and Avluni the chartin’ shall he ac- ee])tcd as aforesaid, they shall jiroceed as hereinbefore proA ided, in case of the accejjtance of the charter; and the officers, Avho shall he elected at the tirst election, shall continue in office until the first Monday in April then next following, and until their successors are duly elected and ipialilied: Promded, That the General Assembly may, at any time, I'ejieal. alter, amend, or modify this act at pleasure. Aiiproved, December 0, 1822. AX ACT IX Auurnox to ax act kxtitlkd “ax act to ixcouporatu the ixiiAin- TAXTS OF TIIK TOWX OF ST. LOUIS/’ AXU AX ACT SUFFLKAI FNTARA.’' TIIKKFTO. Be it enacted hy the Geyieral Afificnihly of the State of Missouri, as follows : 1. That the mayoi’, aldermen and citi/ens of the city of St. Louis may purchase, receive and hold iiroperty, real and ])ersonai, within the limits of the city of St. Louis; and such other I’eal and iiersonal ])ropcrty. beyond the limits of said city, as may he ai-tnally necessary for the wate'r- Avorks. for supplying the city Avith Avatei’ from the Mississii)])! ; and not exceeding tini acres, for the establishment of a hospital, for th(‘ reception of ])ersons infected with contagious disease’s, and for othi’r jinrposes; and may h’asi’, si’ll, and dispose’ of the’ same’ lor the hi’iu’lit of th(> e-ity. 2. That the’ mayor anel hoarel ol alele’rmen shall have’ powe’r, by orelinane’e', to re’gidale the’ inspi’e-tion of hc’cf, Avhisky, iioi’k, Hour and coi’ii me-al , in harri’ls. :L d'hat the’ se’ve’iith se’ction of an ai’t I’lititleel “An act snpiileme’ntary to an ai’t I’litith’d an ae-t to ine-orporate the’ inhabitants of the’ toAvn ol St. liOuis,” he’ anel the’ same’ is he’ri’hy re’iu’ale’el ; anel that the mayor anel hoarel of alele’rnu’n shall have powei- to I’e’gnlatei anel tlx the^ salaries of the’ elitfere’nt offii’i’i’s by orelinane’e’. 4. 4'hat the alele’rmen shall have power to nominate, anel, hy anel with 44 CirAllTEPtS OF THE CITY OF ST. LOUIS. tlio consent of the inayoi-, may a])i)oint an assessor, Avliose duties sliall })e prescribed by ordinance. 5. Tliat the citizens within the limits of the said corpoi'ation of the city ot St. Louis sliall be exemiit from working any road oi- roads beyond the limits of the coqioration, or from paying any tax to pi’ocure laborers to work u])on said road or I'oads. (). That the mayor and board of aldermen shall have power to i-egnlate, pave aiid improve the streets, avenues, lanes and alleys within the city, and to estalilisb, open, widen and extend all such streets, avenues, lanes and alleys; and when it shall be necessary to take pi-ivate ])roperty foi- any ])iiblic street, lane or avenue, a Just comiiensation shall be made tbei-efor; and when the amount of such’ conqiensation shall not be agn^ed U])on between the mayor, aldermen, and the i)erson injureil, the mayor sliall cause an iiupiest thereof to be made by a jury of twelve good and lawful men. freeholders of the city, and not (iirectly interested, who. being duly sworn by the mayor, shall estimate and assess tin* damages Avhich would be sustained by the person or jiersons Avhose projierty is so taken, and shall return their A’ei-dict, under their hands, to the mayor. And in opening, Avidening, or in any manner altering alleys through the blocks or srpiares of the said city, the same proceedings shall be had as in the case of public streets, aA^enues and lanes aforesaid, AAith this addition, that the jury of impiest shall assess not oidy the damages Avhich Avill accrue to the OAvner of the property taken, but also the amount of benetlt Avhich Avill accrue to such persons as shall have petitioned the mayor for tlie opening, AA'idening or altering such alley; and the mayor and aldermen may jiroA'ide liy ordinance for forcing the payment of such assessments; and the mayor shall liaA^e iiower, foi- good cause shoAVii' within ten days after the retuiai to him of any inquest in virtue of this section, to set the same aside, and liaAT a ncAV inquest taken. .Vnd the mayor and aldermen shall have poAver to jirovide by ordinance li>r the assessment and payment of reasonable fees to the jury and th<‘ ('unstable. And the fourteentii section of the “Act to incorporate the inhabitants of the tOAvn of St. Louis,” is hereby repimled. 7. That the city assessor, to lie ajipointed in manner aforesaid, shall. CA’cny second year, at the time of making the assessment, take a census and enumeration of all the inhabitants of the city, and in such manner as shall be prescribed by ordinance; and, immediaUdy after the taking and return of such census and enumeration, it shall be the duty of the corjiorate authorities of the city to arrange and reform the Avards of the (dty in such manner as to make them, as nearly as may be, eipial in qnalitied voters. 8. That the mayor and board of aldermen shall haA'e the exchisiA'e right to license ferries and billiard tabh's Avithiii the limits of the city, and also the ('xclusiAT- ri^iit, by ordinance, to regulate, restrain, punish or supjiress the ki'epiug of ferries and billiai'd tables in said city; and all the net ])roceeds of all moneys arising iindc'r the rights and jiowers granted by this section, Avhethei* by licamses, lines, forfeitures, ]K'nalties, oi- other- 'wise, shall be approin-iab'd and be apidied to the siqiport of such jmblic hospital as may be, or is now ('stablished in or near tlu' said city by hiAV. 9. That Avheiuwer any tract oi* ])arcel of land, adjoining the city of St. Louis, shall be laid off as a toAvn into stre('ts and lots, and a iietition shall be jiresented to the mayoi-and aldermen of said city, sigiual by tAvo-tliirds of the pei'sons who oaVd such ti-act or iiarci*! of land, in-aying that tin* same may lie amu'xed to and foian a part of th(‘ city, the mayor and board of ald(*rmen shall caus(‘ a jioll to Ik* opeiu'd at tlu* lU'xt geiu'ral ch'ction in said city, and r('- at a ])oiiit in' the niiddh* of the main eliannel of the .Mississippi river, diu' east of the southern end of a bridge aci'oss Mill ereelv. at the lower end of tlu* town of St. I.ouis; thence due west to a l)oint at which the western line of Seventh street, extended southwardly, will intersect the same; thence northwardly, along the western side of Seventh sti-eet, and continuing in that course to a i)oint due west of the northei-Ti side of Roy’s tower; thence due east to the middle of the main channel of the Mississipi)i I'ivei’; thence with the middle of the main channel of the said river to the })lace of beginning, which was heretofore erected into a city by the name of the City of St. Louis, is luireby con- tinued as a city, by the naim^ of the City of' St. Louis. 2. That the inhabitants of the said city heretofore constituted a body politic and corporate, by the name and style ot the “Mayor, Aldermen and citizens of the City of St. Louis,” ai-e herebj" continued as such body politic and corporate, by the name and style of the “Mayor, Aider- men and citizens of the City ot St. Louis,’* and by that name they and their successors shall he known in law, .shall have' peri)etual succession, shall sue and b(^ sued, implead and be imj)leaded, defend and be defended, in ail courts of law and equity, and in all actions whatever; may i)ur- chase, receive and hold property, real and p(“i-son:d, within the said city, and may sell, lease, or dispose of the same tor the benelit of the city; may pul-chase, receive and hold pi-opertj', real and i)ersonal, beyond the limits of said city, to be us(h1 for the burial of the dead of the city; also for tlie erection of waterworks tosuppl}" the city with water, ajul also for the establislinient of a hos])ital for tlie reception of persons infected with contagious and other diseases; and may sell, h-ase, or dispose of such property for the lienelit of the' city, and may do all other acts as natural persons; they shall have a common seal, and may break and alter the same at pleasure. 3. That the city shall be di\1ded into four wards, the boundaries of which shall be tixed by ordinance, and may lie changed from time to time as the change in jiopidation may require;' and the mayor and board of aldermen may establish new wards. 4. That the mayor and lioai-d of aldermen shall have powei* to organize and establish lii-e companies in tin* city, not exceeding one hundred inem- bers to each company; and the members thereof shall lie exempt from performing militia duly in time of jicace. 5. That the ])OW(u-s of said corporation shall be vested in a mayor and boai-d of aldei-men. 6. That the mayor shall he (dected by the voters of the city, and shall hold his ollice for the term of one year, and until his succe.ssor be chdy elected and qualitied. 7. That the mayor shall b(‘ at least thirty years of age, a citizen of the United States, and shall have resided wit'bin the city for at least two yeai-s next iireceding Ids (‘lection, and shall [lossess a treehold estate within the limits of the city. 8. That no pei-son shall lie mayor who, at tin* time of his ehaition, shall hold any ollici! of honor, trust or jirolit under the United States. 9. Tllat if the mayor, during his continuama* in oflice, shall receive any otlice of honor, trust, or profit, under the Unit(‘d States, his oflice (>f mayor shall thereby immediately become va(*aled. h). That the boiird of ald(‘rnien shall, at all times, consist of three membc'rs from each ward of the city. 11. That the aldermen shall hi' chosen by the vot(*rs of (‘ach wai-d, and shall hold fheii- oflices for the term of one y(*ar, and until th(‘ir succ'ssors be duly elected and (pialifiinl. 12. That each alderman shall be at least twenty-one years of age, a cili- CIIAKTEHS OF THE CITY^ OF ST, LOUIS. 47 Z(Mi of tlie UnitcMl Stntes, ;ui iiiliabitjuit of the city for the h'nn of omc year lu'xt i)i-('e(Mrm»i' his (‘lection, and shall ])ossess a freehold estate within the limits of the eity. ^ 1:L 'rind if the mayor or any alderman, during his eontinuanee in oI1Uh‘, shall cease to possess a fre.i'liold estate within the limits of the eity, his otlie(‘ shall immediately therehy h(H‘()me vacated. 14. Tluit th(‘ mayoi*, aldcrm(*n, and all other otlieers of the city, shall, during- their eontinuanee in otliee, reside wdthin the limits of the city. 15. ddiat if the mayor, any alderman, or other otti(ier of the corpora- tion shall cease to reside wuthin the limits of the city, his ollice shall therehy immediately hecoine A^acated. 1(). That where two or more persons shall have an equal numher of votes for the ollic^e of mayor, the hoard of aldermen shall determine, hy lot, wdnch of such persons shall l)e mayor. 17. That whenever there shall he a tie in the election of aldermen, the judges of election in the ward in which it shall happen shall determine the same hy lot. 18. That* wdienever any election for mayor or aldermen shall he con- tested, it shall he determined hy the hoard (jf aldermen. 19. That all vacancies that sdiall occur in tlie hoard of aldermen shall he tilled hy election, in such manner as shall he provided ])y ordinance. 20. That whenever any vacancy shall happen in the oilice of mayor, it shall he tilled hy election, in such manner as shall he provided hy ordinance. 21. That the mayor may he removed from office for any misdemeanor in office, hy a vote of* two-tliirds of all the memhers of the hoard of aldermen (dected . ' 22. That the mayor shall have ])ower to nominahq and, Avith the con- currence of the hoard of aldermen, to ap])oint all city offic(*rs not ordered hy law or ordinance to he otherwise api)ointed; h(3 shall take care that the laws of the State and the ordijiances of the city are duly eid’orced, respected and ohser\'ed within the city; he inay remit lines* forfeitures and penalties, accruing or tlowing froiii tlu; violation of any ordinance of tliecity; he may till all vacaincies which shall happen in any ollme other than tiiat of alderman, until the end of the session of the hoard of aider- men, which shall next happen afh'r the vacancy shall have occin-red; he shall, from time to time, give the Inward of aldermen information relative to the state of the city, and shall i*ecomniend to their (.‘onsideration such measures as he shall deem expedient. 2.‘>. d'hat the hoard of aldermen shall elect one of tlndr own numher to he president of the hoard; they shall ai)point all such ollicrers, servants ami agents of the l)oard as they shall deem n(‘C(*ssary for the transaction of husiiK'.ss; tiny shall judges of tin* (pialitications, elections and retui’iis of memhers of the hoard; they shall make rules and regulations for the government of tlmir own pi’oca^edings; tluy shall have power to (‘.ompel the attendance of absent inc'mhers on the nuictings of the hoard; to inuiish in(imh(‘,rs for disorderly condimt, and, hy a vote; of two-thii’ds of all the memlxsrs (‘l(H;ted, to expel a member, hut not a second time for the same olfense; tiny shall cause a true and faithful ivcoi’d to lx* kept of all the acts and proceedings of the hoard, and, at the desii-e of any mendjcr, shall (anise the yeas and nays on any (piestion to he ent(‘r(‘d therein . 24. I'liat tlu're shall he four stated imetings of the hoard of aldermen in ev(‘ry yeaiq tin; tinuvs and places of which shall he prescribed hy lesolution or ordinancii of the hoard. 25. That, in all me(4ings of tin* hoard of aldermen, a majority of the whole numixii’ of nu'inlx'rs (iheted shall (X)nstitut(‘ aipiorum to do hiisimcss. hut any smaller numher may adjourn from day to day, and compel the attendance of absent nn'inhers. 2{). That at all meetings of the hoard of aldermen, they may adjourn and m(‘(*t upon such adjournment. 27. 44iat the mayor, or any live memhers of the hoard of aldei-men, may call sjxxtial nuxdings of the hoai-d of ald(‘rmen, hy giving one day's notice theinof, in writing, to the memhers of tlu^ hoan'l. 28. That whenever a spiicial m(;eting of tin; hoard of al(l(*rmen shall he 48 CITARTERS OF THE CITY OF 8T. LOUIS. ealledby tlio niayoi*, lie shall state to them, -svlien assembled, the cause for which they have been assemliled. 20. That the mayor and aldermen shall be conservator’s of the jieace thi’ou^hoiit the city, and shall have thei’ein all the powers and jui’isdietion now v(*sted in justices of the jreace in mattei’s of a ei’iminal naturi', and shall exercise ail i>ow'ers and jrerform all the duties which may be vested in or required of them by ordinance. 80. That the mayor, aldermen, and each justice of the peace within the city, shall have jiu’isdiction of all cases ari'sino’ under this act and under all ordinauc,es of the city, subject, however, to an appeal in all cases to the cii’cuit court of St."^ Louis county, and evei’y such appeal shall be granted and taken in the same manner as ap])eals are ^’ranted by and taken from justi(;es of the peace to the circuit court, under the general law of the State. 31. That when any vacancy shall happen in the office of mayor, the president of the board of aldermen shall exercise the duties ami receive the compensation of mayor until such vacancy shall be tilled. 82. That the mayor and l)oard of aldermen shall have power within the city to levy and collect taxes, not exceeding one-half of one per centum, upon all property and persons made taxable by law for State l)ur])oses_; to make regulations to prevent the introduction of contagious diseases into the city ; to make quarantine laws for that purpose, and enfoi’ce the same within ten miles of the city; they shall have power by ordinance, within the city, to establish hospitals; to make regulations to secure the general health of the inhabitants of the city; to i)revent and remove nuisances ; to divide the city into wards ; to estaldish night watches and patrols; to erect lamps in the streets; to provide the city with water; to erect hydrants and pumi)S in the streets, for the conve- nience of the inhabitants; to o])en and keep in repair streets, avenues, lanes, alleys, drains and sewers, and keep the same clean; to regulate, l)ave and inqjrove the streets, avenues, lanes, and alleys, within the city; and to establish, open, widen and extend all such sti’cets, avenues, bines and alleys ; to establish and repair bridges ; to establish and regulate markets ; to improve and preserve the navigation of the Mississippi river within the city ; to erect, repair, and regulate public wharves and docks; to regurate the erecting of private ^^■harves, and the rates of wharfage at the same; to regulate the stationing, anchorage and mooring of vessels within the city; to provide for the iireventiou and extinguishment of tires; to organize and establish tire companies; to establish standard weights and measures, and regulate the weights and measures to be used in the city, thereby in all cases not otherwise jirovided for by law; to regulate the size of lii’icks to be made and used within the city ; to regulate and order partition and parapet walls and partition fences; to regulate the cleaning of chimneys, andtix the fees therefor; to regulate the storage of giuqiowder, tai’, pitch, resin, hemp, cotton and other combustible materials; to regulate the police of the city; to license, tax and regulate auctioneers, nierchants, retailers, grocers, ordinai’ies, taverns, eolfee houses, pawnbrokers, money changers, hawkers, ped- dlers, wagons, carts, drays, theatrical and other shows and amusements; to restrain, ])rohibit, or tax ti])pling houses; to resti’ain or prohibit bawdy and other disorderly houses; the right to suppress gaming and gaming houses; the exclusive right to license, regulat(\ and restrain the ke(“i)ing of ferries; the exclusive right to license, regulate, restrain or supjiress the keeping of billiard tables; to regulate the weight, quality and ])ric(‘ of bread; to jirovide for the insiiectiou of lumber and oilier building materials to b(i sold or used in the city; to regulatx; the iiiS})ection of butter, lard, and othei’ pi’ovisions; to provide for th(‘ inspection, w<‘igh- ing and measuring of hay, stone coal and wood, and to regulate the sale of th(‘ same; to regulate the insjH'ction of b(*ef, pork. Hour, coi’ii, meal and whisky, in ban-els; the exclusive right to jirovide for the insix'clion of tobacco*; to ri'gulate tin* elections of city ollicers; to remove from ollice. any jierson holdiiig an ollice created by oi’dinance; to fix tlui compi'uv;!- tion and fees of all city ollicers; to lix tin; fees ot jurors, witiu'sses, and othei’S, for services rendered under this act, or any ordinance of the city; CHAHTKUS OF 'V\IV: ( I'rY OF S1\ LOUIS. 49 to provide lor Mu': pnynu'iit of all oxiu'iises incurred in Mu; i)(‘i-fonnauc(! ol duli{‘< r('(piir('d by Ibis act, or any oi*diiiauc(' of Mu; city ; to imi)os(‘ lines and forleilurc's for llie biaaich of any oi-dinance of the city, and provide for tbe colli'clion and appropi'ialion tlu'iH'of; to i)rovid(; Vor takini>- tbr census and (‘nunieration of Mu; iidiabitants of tbe city; to apj)oint all oHicers, servants and a.i»'ents necessary to carry into ellecb Mu* povv(;rs hereby »^ranted. JkL Every ordinan(;e wbicli the board of aldermen shall pass, befon; it beconu'S a law, shall be i)r(‘sent(‘d to Mu; mayor for his ap})robation . :i4. If Mie mayor shall not approve au ordinan(;e presented to him for approb:itioii, he shall return it to the ])oard of aldermen with hi*i objections; and the board shall ]-econsider the ordinance so returned, and if, after such reconsideration, a majority of the whole number of aider- men el(;cted shall pass tlie ordinance, it shall become a law. 35. If any ordinance shall not be returned to the board of aldermen within three days after it shall have been delivered to the mayor for his approbation, it shall become a law in the same manner as if he liad ai)})roved it. 3G. The style of the ordinances of the city shall be, "‘Be it ordained by the mayor and board of aldermen of the city of St. Louis. ' ' 37. Airordinances passed by the boai-d of aldermen shall, within one month aftei- they have become a law, be piddished in some newspa])er published in the city. 38. All ordinances of the city may he approved by the seal of tlu* corj)oration, and when prinh'd and ])nl>lished in l)ook form, and i)ur- porting- to be so printed by authority of the corporation, the same shall be received in eviflence in all courts and ])lac(*s, without further proof. 39. When it shall be necessary to take pilvah* property for openijig-. widening or altering any ])nblic\street. lane oi‘ avenue, tlu; coi-poration shall make a just comi)ensation therefor to tlu* })erson whose ])ro{)('rty is taken; and, if tlu; amount of such compensation can not he agreed on, the mayor shall cause the same to be ascertained by a jury of\lisinterested freehold(;rs of the city. 40. In oi)ening, widejiing, or alh'ring alleys through the blocks or squares of the city, tlu; same })roc(*edings shall be had as in the case of op('ning, wid(*ning or altering i)nblic sti-eets, lanes or avenues, with this addition, that the jury shall ascertain the amount of benetit that will accrue to the pei-son Avliosi; i)ro})erty is taken, oi* to those who may hav<* petitioned for the 0 ])(*ning, w idening or altering* of such alley. 41. When the owners of all the i)i*oi)erty w here a street,' lane, avemu* or all(*y pro])oscd to lx* opened. wideiu*d oi* altered, shall p(*tition there- for, the mayor and board of abU'rnu'ii may op(*n, w4d(*n or al4<*r such stre(;t, laiu;, av(*nne or all(*y n])on (;onditions to lx; pi*(*scrilx*d by them; but no (*om])ensation shall lx; nuuU; to thos(* w hose prop(*rty shall be tak(*n for the opening, wid(*iung or alt(*rlug such street, lane, avenue or alley, nor shall th(*i*e be any assessnu*nt of the amount of ben<;lit that may accrue thereby to any of Mu’* petitioners. 42. All jni’ors imi)amu*l(*d to in([uir(* into tlu* amount of damage's or benelits wliich shall bapix'i; to tlu; owners of pro)x*rty upon any street, lane, av(*mu; or alley, to lx* op(*n(;d, wid('n(*d or alt(*r(*d, shall first be sworn to that ('lh*ct, and shall retui*n to the mayor their iiuiucst in w*rithig*, and signed by each juror. 43. 'flu; mayor and board of aldernu'ii shall have powx'r, by oi*dinance. to enforce the payment of all sinus wliicb a jury shall declare to be tlu* amount of b(*n(*lits accruing to the owiu*rs of propei’ty iqion any alley wdiich shall be open(*d, widened or alt(*r(*d, if the owner be one ot tlu* p(;titioiu*rs for o])ening, widening or alt{*i*ing such a,lh;y. ^14. 'liu; mayor shall have pow(*r, for good cansi; shown, within t(*n days after tlu; return to him for any iiuin(*st, to S(;t the same aside, and cause a iu*w iiupu;st to lx; made. 45. Uix)n tbe aiiplicntion of theholdei‘S of tw'o-thii*ds of tbe front of tlu* lots on any street, or i)art of a street, it shall lx; lawful for the mayor and board of ald(;rnu;n, by ordlnanci;, to li;vy and colI(;ct a special tax on tlu* holders of the lots on said street, or part of street, according to tlu; 4 50 CHAKTEKS OF THE CITY OF ST. LOUIS. respeotivo fronts owikmI ll)y IIkmii, for tlie ))nr])o.s(' of p5iviu<^ such stroet. or luirt of a sti-eot, and n])on siinilai- ai)i)Iieation, to l(‘vy and oollect a tax in the same inannoi-, for tlio, pin-))oso, of li»iitini>’ the streets. 4(h The mayor and hoard of aldermen shall have power, by ordinance, to direct the manner in which any proi)erty, real or i)ei-sonai , advertised for sale, or sold for taxes by authority "of the corpoi-ation, shall be naleemed . 47. There shall he a city re^>ist(*r, whose duty it shall he to keej) a record of all the otiicial a(,*ts of the mayor, and, when necessary, to attest them; he shall ])erform the duties of clerk to the hoard of aldermen when in session; he shall keep a hook or l)ooks wherein shall he entered all the proceeding’s of the l)oard; he shall kee]) and preserve in liis otlice all records, public papers, and doenments helongfing^ to the city ; and he shall i)ei’form all such other and further duties as the hoard of aldermen may enjoin on him. 48. There shall he a city constable, who shall possess within the city, in matters of a criminal liatiire, arising- under the laws of the State, the same i)owers, peiform the same duties, and receive the same coni])ensa- tion, as the constable of St. Louis township; he shall execute and retm-n all process issued by the mayor, any alderman, or justice of the ])eace. under this act oraiyy ordinance of the city; and he shall i)erform all such other acts and duties as shall he enjoined'on him by ordinance. 41). The city register and the city constable shall each hold his office for the term of one year, and until his successor shall l)e duly appointed and commons, tlicn the mayor and boai-d of aldermen of tli(> city of St. Loni' are here])y anthoi-ized to sell the commons helon/^'ino’ to tlu' ndiahitants ot the city of St. JjOiiis, in the manner and upon the conditions iKMvinafter ex])r(‘ssed . it. That the hoard aforesaid shall cause the said connnons to he surveyed and laid olf into lots, not smaller than one acre, nor lai\ow('red to lix the time and place at which sales shall Ik; made under tlnr ri'ciuii-c'mr'uts ot this act, to deline the time and manner in wdiicli the annual inter(‘sl to he jraid the ])urehasers of lots shall lx; eolleeh'd, by what ollicei- it shall he collected, and the compensation that lu' shall receivr^ tor his s(‘i-vi(H's in collecting. 12. That before any sale shall brr made umh'r Ihi" act, it. shall her the duty of the said boar<( to cause a noli(*e of the time, jrhn n and tr'rms of tlic sale to l)(* imblishcd at least four weeks sinrcessively , jri-ior to tin' day of sale, in all the newspafrers ])ublished in tin; city of 8t. Inniis. 111. That the mayor and board of aldermen a'foi-esaid anr ('inpowen'd to (’iiAirri:Ks of 'riiF city of st. louis. 53 s(‘ttl(‘ Of coiuproinlso. on the most :i(lv:mt!i<^(H)ns t<‘rms, with ;ill i)orson.s h:ivin_n' clMims wilhin common, conllictinj 4 - with lh(^ chiim of the inli:ihil:m(s of lh(> city of St. Louis. 'I’lnMniiyor iind hoard of ahh'fmen arc li(M-cl)y ('mj)ow('rcd to ^-rant in fee simple, witliont any waia-anty, to the comity ot St . Louis, out of said common, a tract of land not exce(Mlin shall have been laid off as a town, or as an' addition to or 'suburb of said city, and a petition shall be presented to the mayor and city council, by the owners of Ihe gfreater part of such tract of land, praying- that tin* same may be annexed to, and form a part of, the city of St. Louis, tin* mayor and city council shall cause polls ta])e oi)ene(rat the next general election for city otiicers, and require the voters, at the time of voting for city otticei'S, to vote for or against the admission into tlu; city of tlu* tract of land prayed to be annexed thereto; and if a majority of ail those* who voted at such election shall be in favor of such admission, such tract of land shall thencetVerth become part and parcel of the (*ity, to all int(*nts and purposes, and the mayor and city council shall cause the fact of such admission to be certitied under the seal of the city, and the certiticate* thereof to be tiled in the r(*gister‘’s office. 4. That the iidiabitants e)f said city shall be and remain a body politic and corporate by the name and style of '■ ‘The City of iSt. Louis, ’ ’ and by that name they and their successors shall be known in law, and shail have i^ower — First — To make and use a common seal. Second — To sue and be sued, implead and l)e impleaded, defend and lx* defended, in all courts of law and ecpiity, and in all actions whatever. Third — To purchase, receive and hold property, real and p(*rs()naL within said city. Fourth — To purchase, rec<*ive and hold pro[)(*rty, real and ])ersonal, beyond the city, for burial grounds, for the erc'ction and use of water- works, hospiffils, alms houses, and workhouse, or for public grounds for the use of the inhabitants of the city. Fifth — To sell, lease, convey or dispose of property, real and personal, for the l)enefft of the city. Sixth — To improve and protect such pi'operty, and to do all otlu'r things iu relation thereto, as natural persons. ARTICLE II. Of the City Council. 1. That there shall be a city council, to consist of a board of aldermen and a board of delegates. 2. That the board of delegates shall be composed of three nu'mbers for each wai'd, to be chosen by the (pialitied voters of the several wards for on(* yeai'. 8. 'That the boai'd of aldermen shall consist of two members for (*ach wai'd, to be chosen by the (pialitied vot('rs for tw() years. 4. That no iierson shall be an alderman or deh'gab* unl(*ss, at the tinn* of his election, he be a citizen of the United iStates, a r(‘sidcnt in the* ward for which he is chosen, a bonu fide owiu*!' in fee of a, lot or a part of a, lot of ground within the city , containing not l(*ss than two thousand sijuan* ( lIAirrEKS OF TIIF (MTV OF ST. r.OlUS. 5 ') , iiiid shiill IxH'ii nil iiilinbilniit of llio city for two yc'iirs ii(*xt, piH'cc'diii^' Ids (‘h'clioii, niid otli(‘r\vist^ ([ualiliod. “). 'IMint no ixM-soii shall Ix' an ahU'nnan unless Ik* sliall have altained tlu* a,ii‘(* of tliirly years, nor a dele^alc^ unless he shall have arrived at the a^UH* (>f twenty-live years. (). Mdiat if any alderinan or delegate shall, after his (“leetion, r(*niove from tin* 'ward for which he is eliosen, or cease to ]K)ss('ss the (inalilie.a- lion of property reiptired hy this act, his olliee shall thereby lx* vacated. 7. 'riiat iininediately after the hoard of ald(*rnien shall lx* asseinhh'd. in eonseijiienee of the lirst election, the ald(‘rin(*n shall he divided into two classes. The seats of those of the lirst class shall he vacated at the (*xpiralion of the lirst y(*ar, and of the second class at the exjiiratioii of the s(*cond y(*ar, so that, one-half may he chosen every year. 8. Mdiat the hoard of aldermen shall elect one of their mmil)er to he presid(*nt of the hoard, and the hoard of dele«’ates shall elect one of theii’ niimhei- to Ix^ chairman thereof. h. That each hoard may api)oint their clerks and such other otlicers, servants, and a^'cnts, as they shall, respectively, deem necessary in the ti-ansaction of their business. JO. That each hoard shall ]j(* the jud^-e of the elections, I’eturns, and (pialilications of its own members, and shall determine contested elections. 11. That a majority of (*ach hoard shall constitute a (piorum to do husiness. hut a smaller number may adjourn from day today, and may eomi)el the attendance of absent memhers in such manner and under such penalties as each hoard may prescribe. 12. That each hoard may determine the rides of its pVoc(*eding-s, i)unish its memhers for disorderly behavior, and, with tin* coneurrence of two- thirds of all the memhers elected, expel a niemher, hut not a second time for the same otfense. 18. That each hoard shall keep a joui'iial of its ])i-oce('din<>’s, and from time to time publish the sanu*, and tlu* yi'us and nays of tlu* m(*mhei‘s on any question shall, at tlu; desire of one-fourth of those })r(*sent, he ent(*reil on the journal. 14. M'liat ]u*ither hoard, during’ the session of the city council, shall, without the consent of the other, adjourn for a, lon^'ci- p<*riod than two days. 15. That no aldeianan oi- dele^’ate shall, during- the time for which he was elected, he aiipointed to any olliee und(*r the authority of the city, which shall have been created, or the emoluments of which shall have been increased, during- such tinu*. It). That no [lei-son holding- any otlice under the authority of tlu; United States or the State* of Missouri, shall he an aldi'rnian or d('l(*pite. 17. _ That all vacancies that shall occm* in either hoard shall lx* tilled hy (*lection in such manner as shall he provid(*d by ordinance'. 18. That e'ach alelerman and elele‘;»’ate! shall, before e*nte*rln^‘ e)n the elise-hai-o-e* e)f the eluties e)f his eetlie-e*, take* an e)ath that he* will support the e;onstitution of the* Unite'd State's and of this State; that he* jeosse'sse's in ^exul faith the* (pialitie-ations eef a^’e, e*itize*nship, re'sieleiu'e aiul preejie'ify reepiire'd by this aett, aiul that he will faithfully eleme*an hinise*lf in eilliee;. 10. AVheneve‘1- the*i-e*- shall he* a tie* in the e'h'ction e)t alele*i-nu*n oi- ele'le*- ''•ate's, the* judo-e*s e)f ele*e*lions shall ex'rtify the same*, te) the* mayor, who shall imnieeliateOy the*re*n])On issue his prex-laniation stating- snch'fact, and emle'riny a ne;w e*lee*tie)n . 20. M'here! shall he* fe)nr statexl se*ssiems eef the* e*ity e'ouncil in e*ve'ry ye*ar, the tinu* anel plaex; eif which shall he pre;se'rihed hy eirdinanex;. Airnui.E III. OJ the Legisilatwe Powers of the City Couacil and its Incidents. 1. The; city couiu-il shall have; powe*r within the city, hy orelinance* — First — 44) lewy anel e*,e)lle3ef taxe*s. imt e*xe;e'e*eling- one*-half eif eine* per cemtmn ujee)!! all persons anel jireqie'ify niaele; taxable hy law for State puij loses. 56 ( ITAETERS OF TJTE CITY OF ST. LOUIS. Second — To l)orro\v inoiK'v on tlio credit of the city. TJiird — To appropi'iutc' nioi)(‘y and provide for tlie payment of the debt and exi)enses of the city. Fourth — To make regulations to i)revent the introduction of contagious dis('ases into the city; to make (piarantiiK* laws for that purpose, and enforce the saim* within ten miles of the city. Fifth — To establish hos])itals and make regulations for the government thereof. Sixth — To make regulations to secure the general health of the inhabi- tants, and to ])revent and remove nuisances. Seventh — To provide the city with water, and to erect hydrants and punii)s in the streets, for the convenience of the inhabitants. Fi(jhth — To open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve and keep in rei)air, streets, avenues, lanes and alleys. Ninth — I'o establish, erect and kec]) in repair bi’idges. Tenth — To divide the city into wards, alter the boundaries thereof, and erect additional wards, as the occasion ma}^ require. Rledenth — To jn-ovide for lighting the streets and erecting lamps therein. Twelfth — To establish, support and regulate night watches and patrols. Thirteenth — To erect market-houses, establish markets, and market places, and provide for the government and regulation thereof. Fourteenth — To ])rovide for the erection of all needful buildings for the use of the city . Fifteenth — IV) provide for inclosing, improving- and regulating all public grounds belonging- to the city. Sixteenth — I'o im])rove and preserve the navigation of the Mississippi river within the city. Seventeenth — To erect, rejjair and i-egulate pul)]ic wharves and docks; to regulate the (u-ection and repair of i)rivate wharves and the rates of wharf- age thereat. Eighteenth — To regulate the stationing*, anchorage and mooring of vessels within the eity. Nineteenth — 1\) license, tax, and regulate, auctioneers, merchants, retailers, grocei-s,.. taverns, ordinai*ies, hawkers,, peddlers, In-okers, i)awii- brokers and money ehangtn-s. Tiventieth—'Vo license, tax and regulate hackney carriages, wagons, carts, and drays, and fix the rates to be charged for the carriage of per- sons, and of the wagonage, cartage and dray age. Twenty first — 'fo license' and regulate porters, and to fix the rates of port regulate' the steirage e)f ounpoweler, tar, pitch, resin, hemp, cotton anel other combustible materials. Twenty-eighth — Te) regulate anel oreler pai-tition and parapet walls and fiartltieni fcne*(*s. Twenty-xiinth — Te) establish stanelarel weights and me'asures, and i-e'gulate the weights anel measures to be useel i.n the city, in all case;s not e)therwise j)re)viele‘el tor by law. Thirtieth — To ])roviele fbi* the ins])e'ction anel me'asurlng e)f lumbei-, anel othe-r hnileling materials, anel foi-the measurement of all kiiuls of nu'e-hani- cal we)rk. 'V hirty-fvrst — Te) proviele' feer the' insi)e'ctie)n and we'ighing e)f hay, stone*- <'e)al, tlie' ine'asuring e)f chare'eial ,. tire'we'oel and e)ther fiu'l to be' sole! eir useel Y ithin th.e city .. ClIAUTEllS OF 'PI IF CITY OF ST. LOUIS. 57 Tlnrfy-Hccond — To provide for and rc'o-nhite t lu; iM.‘;])ectioii of tobaeco, and of Ix'ef, pork, Hour, nn'al, and whisky, in barrc'ls. Thirty-third — To regulate ins])eclion of butter, lard, and other pro- visions. Thirty-fourth — To regulate the weight, ([uandty and pi-iee of l)n'ad to be sold and used in the eity. Thirty-fifth — To reguiate the size of bricks to be made or used in the city. T hirty'-Hixth — To provide for the taking enumerations of the inhahitants of the (‘ity. Thirty-seventh — To regulate the election of city otlicers, and to provide for ivmoving from omce any ])erson holding an olhce created by ordinance. Thirty-eighth — To provide for the appointment of all officers, servants and agents of the corporation, not otherwise i)rovided for. Thirty-ninth — To lix the compensation of all city officers, and regulate the fees of jurors, witnesses and others, for services rendered under this act or any ordinance. Fortieth — To regulate the police of the city; to impose hues, forfeitures and penalties for the breach of any ordinance, and provide for the recov- ery and appropriation of such tines and forfeitures, and the enforcement of such penalties. Forty-first — To erect a workhouse and house of correction, and provide for the regulation and government thereof. 2. The city council shall have the exclusive ])ower, within the city, by ordinance, to license, i-egulate and restrain the keeping of ferries, and to license, i-egulate, restrain or suppress billiard tables. 3. The city council shall have power to make all oi-dinances which shall be neex'ssary and ])i’oi)('r for carrying into (‘xecution the ])owers specified in the two iireceding sections, and all other ])ow(>rs vested by this act in the corporation, the city government, or any department or officer thereof, so that such ordinance be not i-epugnant to, nor incon- sistent with. the constitution and laws of the United States or this State, or any provision in this act contained. 4. Fvery bill which shall have been jiassed by both branches of the city council, shall, before it becomes a law, be presenh'd to the mayor for his apiirobation. If he approve, he shall sign it; if not, he shairndurn it with his objections to the board in which it originated, which objec- tions shall be entered at large on the journal, and the bill be recon- sidered . 5. If, after such reconsideration, a majority of all the memhers elected to the board in which the bill originatc'il shall agrees to pass the sanu^, it shall he sent, together with the objections of tlu* mayoi", to the other branch of the city council, by whicli it shall, in like mannei-, Ixi recon- sidei-ed; and if ] Massed by a majority of all the mcmbci-s eh'cted to that branch, it shall heconn* a law. (). In all such cases the votes of both hranches shall lx* taken by yeas and nays, and enter(*d on the journals of (‘ach hran(;h, r(‘spe(4iv(*l>^ 7. If any bill shall not be returned by the mayor within live days, (ex('ei)ting' Sundays.) after it shall have, lx‘en pres(‘nted to him for his ap])robation, tlx; ‘same shall become a law, in the same mamun* as it he had ai)provcd and sigix'd it, 8. Every r('solution to which the concurrence of both hranches of the city council shall be neces‘>;ary, ((*xc(*pt in cases of adjourunu'iit, ) shall be j)resentcd to the mayor, and, before tlu^ sanu^ shall take* elfect, shall he proceeded upon in the same manner as in case of a bill. 9. 'flu* styh* of the ordinanc('S of the c/ity shall h(i, ‘‘Be it ordained by the city council of the city of St. Louis. ’ ’ 10. All oi-dinaiices ])assed by tlu*, city council shall, within one month after they have been passed, be publishetl in some news])a])ei- published in the city. 11. All ordinances of the city may be pi-oven by the s(‘al of the corpora- tion, and when])rintcd and published in book form, and j)urporling to be so pi-intcd and i)ublish(!d by authority of th(! corporation, the same shall be received in evidence in all courts and places, without further proof. 58 CIIAirrEKS OF THE CITY OF S^J\ LOUIS. ARTICLE IV. Of Executive and Manici'pal Officers. 1. The chief excicutive officer of the city sliall ])e the mayor, Miio sliall l)e elected b,y tlie qualified voters of the city, and who' shall liold his office for the term of one year, and until his successor is duly elected and (jnalitied. 2. Tlie mayor shall he at least tliirty years of age, a citizen of th(i United States, a resident of the city for at least four years next preceding his election, and sliall he the bona fide owner in fee of a lot or i)art of a lot of ground within the city, containing not less than two thonsand square feet. 3. Yo person shall he mayoi-, who, at tin*, time of his election, shall hold any office under the authority of the United States, or of this State. 4. If the mayor, during his continuance in offic(‘, shall receive any office under the authority of the United States, or of this State, or shail cease to own a freehold, as i)rovided in the second section of this article, his offi(‘e of mayor shall therehy immediately hecome vacatc'd. 5. When two or more persons shall have an equal nnmher of votes for the office of mayor, the two hranches of the city council shall decide tin* elect ioi i 1 ly j oin't vote . (). Whenever any election for mayor shall he contested, the two hranches of the city council shall dehn-inine the same hy joint vote. 7. Whenever any vacancy shall happen in tlie office of mayor, it shall he filled liy election, in siicli manner as shall he provided hy ordinance. 8. The mayor may he removed from office for any misdemeanor in office, hy a joint vote of hoth hranches of the city council. 9. The n'layor shall have powei- to nominate, and, hy and Avith the concurrence of the hoard of aldermen, to apiioint all city officers not ordei-ed hy law or ordinance to lie otherAvise appointed; he shall tak(' care that the laws of the State and the ordinances of the city are duly enforcc'd, respected and ohsejwed Avithin the city; he may remit lines," forfeitures ami penalties, accruing from, or imposed for, the violation of any ordinance of tlie city; he may till all Aacancies which may ocimr in any office other than that of alderman or delegate, until the end of the session of the hoard of aldermen Avhich shall next happen after the vacancy shall liaA'e occurred; he shall, from time to time, give to the city council inforniation relatiA^e to the state of the city, and shall recommend to their consideration such measures as he shall deem expedient for the adA antage of the city. 10. Tl'ie mayor may call special sessions of the city council, Iia' procla- mation. 11 . WhencAXU- a special session of the city council shall Iuiax heen called hy the mayor, he shall state to them, Avhen assemhled, the cause for Avhich they have heen convened. 12. Whenever the mayor shall absent himself from the city, or a vacancy shall hapiien in 'the office of mayor, the ]u-esident of tlii' hoard of aldermen shall, for the time being, exercise the duties and reci'ive the like compensation of mayor, or until sucli vacancy he tilled, or the mayor retui-n. 13. There shall he a city i-egistcr, Avhose duty it shall he to keej) a record of all the otlicial acts of the mayor, and, Avhen mxessary. to atU'st them; he slndl keei) and preserve in ids otlice tlii^ seal of the city, and all records, jndjlic jiajiers and documents belonging to the city; and he shall ])erform all such other and further dutii'S as may he preserihed hy oi-di- nance. 14. There shall he a city auditor, whose duty it shall he to prescrlh<‘ the mode of keejiing, stating and rendering all city aci'ounts; to ('xamiiu', settle and adjust all ai'counts (unless otherwise pi-ovid(‘d foi- hy ordlnanc(‘) between the city and any person or body ])oliticor coi-poi-ati', and giMie- rally to pei-foi-iii such other duties as may he ])resci-ihed hy oi-dinaniHU if). There shall he a city treasurer, whose duty it shali lie to i-('i*(‘iv(‘ and keep the moneys of the city, and to pay out the same upon Avari’auts ciiaijti:ks of tiif city^ of ST. T.OUIS. 59 (Iniwii hy erty j)i‘o])osed to be taken, for o])ening, widening or altering any street, lane, avenue or alley, shall lirst be sworn to that effect, and shall return to the mayor their iinpiest in writing, and signed by each juror. 5. The mayor shall have powei*, for good cause shown, within ten days after any imjiiest shall have bec'ii returned to him, as mentioned in the preceding s(*ction, to set aside, and cause a new inquest to be made. G. The mayor and city council shall have ])Ower, l)y ordinance, to en- force the payment of all sums which a jury sliall declare to be the amount accruing to' the owners of the ])i-operty, ui)on any alley which shall be opened, widened, or alien'd, if the owner be one of the })etitioners for the oi)ening, widening or altering such alley. 7. The mayor and city council shall have power, l)y ordinance, to levy and colk'ct a special tax on the holders of the lots on any strc'c't, lane, avenue or alley, according to the. respective fronts owmxi by them, for the pur])Ose of paving, grading, or lighting such street, lane, avenue or alley. 8. The mayor and city council shall have power, by ordinance, to direct the manner in wliich any i)r()perty, real or ])ers'onal, adveiHsed for sale, or sold for faxes by authority of the coi-poration, may be redeemed. 9. Th(' net amount of moneys acci-uing from the licensing of feia-ies and billiard tal)les, and all fines and forfeitures accruing to the city for viola- tions of ordinances concerning f('n-i(*s and Itilliard tables, and the i)reven- tion or suppression of gaining, shall be ai)i)roi)riatcd and appli(!d to the siqiport of such hospital as now is, or may hei-eafter lie, established iu or near tlu* city, in such manner as the ma^xir and city coun(*il may, from time to tiincn direct. 10. Th(', city council shall cause to be juiblished, annually, a full ami coinjiletc stab'inent of all moneys rc'ceivi'd and exix'mk'd by the (‘orpo- ration during the preceding year, and on what account received and expended. CIIAirnCRS OF TIIIO CITY OF ST. LOUIS. Ol AirriuLu VII. Of MisceUayicous Provifiions. 1. The Tiiayor, alclerincii and del(\<>:a.te>s shall be conservators of tin* peace thron^iiont the city, and shall hav(i therein all the powers and jurisdiction now vested in justices of tin; peace, in matters of a criminal nature, and shall exercise all ])owers and perform all duties which may be invested in, and r(‘([uired of them by ordinance. 2. The mayor and each justice of the peace? within the city shall have jurisdiction of all cases arisino- under the ordinances ot the city, sub- 'iect, howevc]'. to an appeal, in all cases, to the circuit court of St. Louis county; and every such ai)peal siiall be taken and granted in the same* mannel*, and with like etfect, as appeals are taken froin, and granted by, justices of the peace to the circuit court under the general law of tin* land. ;L The inliabitants of the city of St. Louis are hereby exempted from working on any mad beyond the limits of the city, and from paying any tax to procure laborers to work upon the same. 4. All ordinances and resolutions passed by the board of aldermen, or the mayor and board of aldermen of tin* city ot St. Tn)uis, shall remain in force until the same shall be repealed by the corporation hereby cr(*atetl . 5. All suits, actions and prosecutions instituted, commenced or brought, by the corporation hereby cr(‘ated, shall be institnt{*d, commenced and j)rosecuted in the name of ‘ ‘The ( 'ity of St. Louis. ’ ’ 0. All actions, liin*s, penalties and forfeitures, which have accrued to the ‘-IMayor, Aldei-men and citizens of St. Louis,” shall be A'esh'din, and prosecuted for, by the cori)oration lien'by creat<*d. 7. All i)roperty, real and personal , heretofore belonging to the iidiabi- tants of tin? town of St. Louis, or the trustees of saicl town in their coi'porah; capacity, or to the “Mayor, Ald(,‘rm(?n and citizens of the City of St. Louis.” shall be, and the same is hereby declared to be, A'csted in the cor])orati()n lu'reby created. 8. 44jis charter shall not invalidate any act done by the • ‘ Mayor, Aider- men and citizens of the (4ty of St. liouis,” nor divest them of any right which may liave accrued to them i)rior to the ])assage of this act. h. The Ceneral Assembly may, at any tinu?, alter, amend or re))eat this charter. 10. ^ All acts or ])arts of acts coming within tin* purview' of this char- ter, 'or contrary to, or inconsistent with, its i)rovisions, are her(*by rei)ealcd. 11. The mayor of the city of St. Louis shall, Imniediab'ly after the passage of this act, take nuiasun's to ])romulgat(? this law within tin* limits ot the, city of St. Louis, and shall issue his proclamation, and (‘ans(; the same to b(? published in all the newspapers of said city, for four wi;eks snccessiv(‘ly i)rior to the day of election , r(*(pfirlng an eU-edion foi- city oliic(*i‘s, in pursuance? of this (?hartbr, to he held on the tlrst Monday <)f A])ril, eighte(>n hundred and thii-ly-nim*, and said election shall be* e?e)n- dncte*el in the* same* manner, anel at the* same? time? anel plae*e*s as ne)W'^ are pre)vlele*el foi* by the* e))-elinances e)f said e*ity re*gidating e*lections. 12 This ae?t is ele*e*lare*el tee be a i)nbHe* a(*t , and nniy be reael in eviele?nc»* in all e?e)urts of law anel eepiity in this State*, witheeut ])roof. TL 'fhis act shall take ellect anel be* in fe)re?e? fre)m anel afte*r the tirst elay of Ai)ril, in the ve'ar e>f enir Loi-el e)ne? the)nsand eight hnndre?d and thirty- nine, e*xe?e?pling^he? ele*venth seclie)n e)f this artie?le?, which shall take effect and be? in tbi’cc freem anel after the passage thei’cof. Ap})re)veel, February 8, 1830. 02 CHAirrERS OF THE CITY OF ST. LOUIS. AN ACT TO AMEND “ AN ACT TO INCORPORATE THE CITY OP ST. LOUIS,” APPROVED FEBRUARY 8, 1839. AiniCLE I. Of Boimdai'ies, General Ponders, and formation of Wa7'ds. P>e it enacted, by the General Assembly of the State of Missouri, as follows: I. Tliat all that disti-iet of country contained within the following- limits, to wit: Leginning at a point in the middle of the main channel of the Mississippi river, due east to the southeast corner of St. (ieorge, in St. Louis county; thence due west, to the west line of second Carondelet avenue; thence'north, with the west liin; of said avenue, to the north line of (-houtean avenue; thence northwardly, in a direct line to the month of Stony creek, above the prestait nortli line of the city of St. Louis; thence due east to the middle of the main channel of the Mississii)pi river; thence southwardly, with the middle of the main channel of the Missis- sippi river, to the jilace of liegiuning, is herehy erected into a city, by the name of "‘The ('ity of St. Louis.” ‘2. That the inhabitants of tin* city of St. Louis, as the same extends and is laid out above, be, and they and their successors forever are, hereby constituted a corporation and liody politic, in fact, and in law, by the name and style of “The City of St. Louis,” and by the same name shall have ])erpetual succession, shall sue and lie sued," implead and be im- pleaded, detend and be defended, in all courts of law and eciuity, and in all actions whatsoever; may purchase, receive and hold propcn-ty, real and ])ersonal, within said city, and may sell, lease or dispose of the same for the benefit of the city; and may i)urchase, receive and hold property, real and ]»ersonal, beyond the limits of the city, to be used for the burial of the dead of the city ; also for the erection of waha-works to supply the city with water, and also for the establishment of a hosiiital for the reception of iiersons infected with contagious diseases; also for a poorhouse, workhouse, oi- house of cori-ection; and may sell, lease or dis])Ose of such property for the benetit of tlu^ city, and may do all other acts as natural persons"; they shall have and use' one common seal, and may In-eak, change, alt(*r and make a new seal at pleasure. II. That the city shall be divided into five \\'ards, as follows: Th(‘ First Ward shall extend from the southern boundary of the city, as established by this act, to the southern boundary of the cit}% as established by an act endtled ‘‘An act to ineorporate the city of St. Louis,” approved February tlie eighth, A. T). 1831). d’lie Seco7id Ward shall include that district of countiy now established by ordinance as the First Mhird, together with the district of country lying between its northern and southern lines, extended to the western boundary of the city. 'i'he Third Ward shall include that district of country now established by ordinance as the Second Ward, together with the district of country between its northern and southern lines, extended to the western bound- ary of the city. The Fourth, Ward shall include that district of country now established by ordinance as the Third ^V'ard, togetlier with the distric't of country between its northern and southern lines, extended to the western lioun- dary of the city. The Fifth Ward shall include that district of country now established by ordinance as the Fourth Ward, togethei- with the district of country lying to the northwest of the same within the limits of the city. AirricLE 11. Of the Coniino7i Coimcil. 1 . That there shall be a city council, to consist of a board of ahhuanen and a board of delegates. CHAirriOlJS OF TIIF (^ITY OF ST. LOUIS. 03 2. 'I'lint tlio l)():n-(l of (h'looatos shall bo (•()ini)()S(Ml of throe; inoinlxM's for (‘aoh Avard, to ho ohosoii hy tho qualilu'd votors of tho sove'ral wards for 0110 y(‘ar. IL That tho lioard of aldornioii shall consist of two iiieinhors for each ward, to ho chos(*n by tho ([ualilled voti'rs for two yoai-s. 4. 4'hat no pe'rson shall he an aldornian or delegate nnl(‘sshe ho a citizen of tho State of Missouri, and sliall have resided within tho city limits one year lu'xt ])recedin«* his election, and a bona fide resident of the ward for which he is (dected. r>. That if any alderman or deleo’ate shall, after his election, remove from the ward for which he was chosen, his otiice shall be thereby vacatial. (). That immediately after the board of aldermen sliall lie assemliled, in conseiinence of the tirst election, the aldennen shall lie divided into two class(*s. The seats of those of the tirst class shall be vacated at the (‘xpiration of the tirst year, and of the second class at the expiration of the second year, so that one-half may be chosen every year. 7. That the lioard of aldermen sliall elect one of their nnmlier to be president of the board, and the board of delegates shall elect one of their number to be chairman thereof. 8. That each board ma}" apjioint their clerks, and snch other officers and servants, and agents, as they shall, respectively, deem necessary in the transaction of their business. 9. ddiat each board shall be the judge of the elections, returns and quali- lications of its own members, and shall determine contested elections. 10. That a majority of each lioard shall constitute a (jnorum to do business, but a siiialler nunilier may adjourn from day to da}", and may conqiel the attendance of absent members in such manner and under such penalties as each may ])i-escribe. 11. That each board may determine the rules of its jiroceedings, ])unish its members for disorderly Ixdiavior, and, with tlu' concnrrence of two- thirds of all the members elected, expel a member, but not a second time for the same ollens(‘. ^ 12. That each board shall keep a journal of its jiroceedings, and from time to time publish the same, and the yeas and nays of the members on any (juestion shall, at the desire of any two of those jiresent, Ix' entered on the journal. 13. That neither board, during the session of the city council, shall, without the consent of the other, adjourn for a longer period than two days. id. That no alderman or delegate shall, dui'ing the time for which he was elected, be aiijxiinted to any nllice under the city. 15. That all vacancies that sliall occur, in (dther board, shall be tilled by election, in snch inanmu- as shall be jirovided liy ordinance. 10. That each aldei-maii and deh'gab; shall, before entering on the duties of his otiice, take an oath that lu; will snjijiort the (“onstitution of the United States and of this State, and that he will faithfully demean himself in otiice. 17. 4'hat wlieiK'vi'r there shall be a tie in the election of aldermen or (kdegates, the judges of (‘lections shall {;ertify tlx; same to the mayor, who shall immediately ther<‘ni)on issue his i)roclamation, stating such facts, and order a new" election. 18. I'hat thei’c' shall be four stated sessions of the city council every year, the time and place of which shall be presciabed by ordinance. AllTR'LE in. 0/ the I jcgislativc Power of the City Council arid its Incidents. 1. That the city council shall have i)Ower, within the city, by ordi- nance; — First — To levy and collect tax(*s, not cxce(;ding one-half of one per centum, njx)n all jx'rsons and j)ro])erty made taxable by law for State purj)oses. Second — To ])orrow money on the credit of the city. 64 ClfARTEllS OF CITY OF ST. LOUIS. Third — To api)roprhite money and to provide for the payment of the debt and ex])enses of the eity. Fourth — d'o mak(i re^-nlations to prev(mt the introduction of contng-ious disease;, s into tlu! city; to make quarantine laws for that ])urpose, and enforce the same within ten miles of the city. Fifth — To establish ho,spitals and make regulations for tlie government thereof. Sixth — To make regulations to secure the general health of the inhabi- tants, and to prevent and remove nuisances." Seoenth — To provide the cily witli w'ater, and to erect hydi’ants and punii)s in the sti'eets, witliin or beyond the boundaries of the city, for the convenience of tlie inhabitants of the city and environs. Eighth — To open, alter, al)o]ish, widen, extend, estaldish, grade, pave, or otherwise improve and keep in repair, streets, avenues, lanes and alleys. Ninth — To establish, erect and keep in repair bridges, culverts and sewers . Tenth — To ])rovide for lighting the streets and erecting lamps thereon. Eleventh — To establish, support and regvdate night watch and ])atrols. Twelfth — To erect mnrket-houses, establish markets ami market i)laces. and i)rovide for the government and regulations thereof. Thirteenth — To provide for the erection of all needful buildings for the use of the city. Fourteenth — provide for inclosing, improving and regulating all public grounds belonging to the city. Fifteenth — To improve and preserve the navigation of the Mississippi rivei- within the city. Sixteenth — To ert.'ct, repair and regulate puldic wdiarves and docks, to regulate the erection and repair of private wdiarves and the rate of wdiarf- age thereat. Seventeenth — To regulate the stationing, anchorage and mooi’ing of vessels within the city. Eighteenth — To license, tax and regulate auctioneers, grocers, mer- chants, retailers and taverns, and to regulate and suppress ordinaries, hawdvcrs, peddlers, brokers, pawnbrokers and money cliangers. Nineteenth — To license, tax and ri'gulate hackney carriag’es, omnibuses, wagons, carts and drays, and tix the rates to be charged for the carriage of }iersons, and of wagonage, cartage and drayage of property. Twentieth — To license and regulate porters, aiul lix the rate of porterage. Twenty-jirst- — To license, tax and regulate theatrical and other exhibi- tions, shows and amusements. Twenty-second — To tax, restrain, prohibit and suppress tipiiling-houses. dram-shops, gaming and gambling-houses, and otlier disoi'derry houses, and to suppress bawaly houses. Twenty-third — To piVivide for the prevention and extinguishment of tinis, and to organize and to establish tire companies; also, to regulate, la'strain and jirohibit the erection of wa)oden buildings in any jiart of the city. Twenty-fourth — To n'gulate the cleaning of chimney's, and to lix the fees thereof. Twenty-fifth — To regulate the storage of gunpowder, tar, pitch, resin, hemj), cotton, and all other combustible materials. Twenty-sixth — To regulate and order jiartition and parajiet wadis and partition fences. Twenty-seventh — To establish standard wadghts and imaisures, and regu- late the weights :md measures to be used in the city, in all cases not othei-\vise provided ])y law. Twenty-eighth—'\\) provide for the insi)ection and measuring of lumlxir, and other building materials, and for the measurement of all kinds ot mechaiucal work. Twenty-ninth — To provide; foi* tlu‘ insix'.ction and wx'ighing of hay and stoiu' coal, the measuring of charcoal, tii-ewood, and all otlK'rfuel to be used in the city. Thirtieth — To provide for and ]-(‘gulate the inspection of tobacco, and of beef, pork. Hour, meal and whisky, in barrels, hogsheads and otlna- vessels. CIIAirrEllS OF TIIF CITY OF ST. LOUIS. 05 T hirty-first — 'I’o r(\iiul;ite tlu? insi)ec‘lion ol‘ butter, bird and all other provisions. Thirty-second — To rc'o-ulatci the weight, quality and price of bread to he sold ami used in the city. Thirty-third — 'fo regulate' the size of bricks made or used in the city. Thirty- fourth — To provide foi- the taking and enumeration of the inhabi- tants of the city. Thirty-fifth — To regulate the election of city otticers. and provide for r(Mnoving from otiice any person holding an oftice created by ordinance. Thirty-sixth — To i)]-ovide for the appointment of all otiicers, servants and agents of the corporation, not otherwise provided for. Thirty -seventh — To lix the compensation of all city othcers, and regulate the fees of all jurors, witnesses and others, for services rendered under this act or any ordinance. Thirty-eighth — To n'gulate the police of the city; to impose fines, for- feitures anil i^enalties toi- the hi'each of any ordinance, and provide for the recovery and aiipropriating of such fines and forfeitures, and the enforce- ment of such penalties. Thirty-ninth — To erect a workhouse and house of correction, and pro- vide for the regulation and government theri^of. 2. The city council shall have the exclusive power, ’within^ the city, by ordinance, to license, regulate and restrain the keeping of ferries, and to license, regulate, i-esti-ain or suj)pr(‘ss billiard tables. 3. The city council shall have i)OW(‘r to make all ordinances which shall l)e necessary and prop(*r for canwing into execution the powers specified in the two preceding s(M;tions, and all other jiowers vested by this act in the corporation, the city government, or any department "or ofiicer thereof, so that such oi-dinance he not riqiugnant to, nor inconsistent with, the constitution or laws of the United States or of this State, or any pro- vision in this act contained. 4. Every hill which shall have hi'cn passed by both branches of the city council, shall, hefori' it becomes a law, he presented to the mayor for his approbation. If he aiqirove, he shall sign it; if not, he shall return it, with his objections, to tlus hoai’d in which it originated, wdiieh objections shall he entered at large on the journal, and the hill reconsidered. T). If, after such i-ee.onsideration, a niaj< I'ity of all the memhers elected to the hoard in which the hill oi-iginated shall agree to jiass the same, it shall he sent, togetluM- with thi' ohjeetlons of the mayor, to the other branch of the city Council, by which it shall, in like mailner, he reconsid- ered, and if jiassed by a majority of all the memhers electial to that branch, it shall become a law. (). In all such cases the vot(‘s of both hranehes shall he takiai by yeas and nays, and entered on the journal of each branch ritspectively. 7. If any hill shall not he I'ldui-ned by the mayor in five days (Sundays excepted) aftia- it shall Ixi pri'sentinl to him for his approbation, the same shall become a law, in the same manner as if he had approved and signed it. 5. Every resolution to which the concurrence of both hranehes of the city council shall hi* necessai'y, (except in cases of adjournment,) shall lx* pri*sent(*d to the mayor, and, before the same shall take efiect, shall he proceeded upon in the same manner as in case of a hill. t). The style of the ordinances of thi!: city shall he: “Be it ordained by the city council of the city of St. Louis. ’ ’ 10. All ordinances jiassed by the city council shall, within one month after they shall have been passed, he published in some newspaper pub- lished in the city. 11. All ordinances of the city may he proven by the seal of the eor- poration, and, when i)rinted and jiuhlislied h}" authority of the corpora- tion, the same shall he received in evidence in all courts and places, without further jn-oof. 66 fllARTERS OF THE CITY OF ST. T.OUIS. ARTICLE IV. Of Executive and Ministerial Officers. 1. Tli(^ f'hicf executive officer of tlie city sliall be the mayor, who shall be elected by the qualified voters of the city, and who shall hold his office for the teriii of one year, and until his successor is duly elected and qualified. 2. No person shall be mayor, who, at the time of his (dection, is not possessed of the qualifications required for an alderman or delegate, or who holds ;my office under the authority of the United States. 3. When two or more persons shall have an equal number of votes for the office of mayor, the two branches of the city council shall decide the election by joint vote. 4. Whenever an election for mayor shall be contested, tlu^ two branches of the city council shall determine the same by joint vote. 5. Whenever any vacancy shall happen in the office of mayor, it shall be filled by election in such manner as shall be provided by ordinance. 6. The mayor may be removed from office for any misdemeanor, by a majority of two-thirds, on joint vote of both branches of the city council . 7. The mayor shall have power to nominate, ajid, by and with the con- currence of tile board of aldermen, to appoint all city officers, not ordered by law or ordinance to be otherwise appointed; he shall take care that the laws of the State and the ordinances of the city are duly enforced, respected and observed within the city; he may remit fines", forfeitures and penalties accruing from, or imposed for, the violation of any ordi- nance of the city; he may till all vacancies which may occur in any offic'c other than that of aldermen, delegates, register, auditor, city inarshal and city attorney, until the end of the session of the board of aldermen which shall next happen after the vacancy shall have occurred; he shall, frorii time to time, give to the city council information relative to the state of the city, and shall recommend to their consideration such meas- ures as lie shall deem expedient for the advantage of the city. 8. The mayor may call special sessions of the city council by pro- clamation . 9. Whenever a special session of the city council shall have been called by the mayor he shall state to them, when assembled, the caus(' for which they have been convened. 10. Whenever the mayor shall absent himself from the city, or a vacancy shall happen in the office of mayor, the president of the lioard of aldermen shall, for the time being% exercise the duties and re(*eive the like* compensation of the mayor, until such vacancy be filled, or the mayor return. 11. There shall b(^ a city register, whose duty it shall be to k(‘ep a record of all the official acts of the mayoi-, and, when necessary, to attest them; he shall keep and preserve in his ofiice the seal of tlu^ city, and all records, public papers, and documents belonging to tlu^ city; and Ik* shall perform such other and further duties as may be prescribed by ordinance. 12. There shall be a city auditor, Avhose duty it shall be to presciilx* the mode of kee])ing, stating and rendering all city ac(M)unts (unU'ss otherwise provided for l)y ordinance) between the city and any ])erson or body politic or corixmite, and generally to p(*rform "such other duties as may be ])rescribed by ordinance. 1*3. There shall be a city treasurer, whose duty it shall be to receivi* and kec]) the money of the city, and to pay out tlie same upon warrants drawn Iw the* auditor; and tlie city treaslirer shall i)crforni such otln'r and further duties as may be enjoiiH'd on him by ordinance. 14. Th(*re shall be a city mai’shal, wbo shall, within the city, in matters of a criminal natui-e, arising under any law of the State, ])ossess the same powers, ]x*rform tlx; sam(fduties, and receive the same conqx-n- sation as either constable of St. Louis townshli); lx; sball exc(*ut(* aixl return all process issued by the recorder, any alderman, or justice* of ( IIAKTERS OF TIIF ( ITV OF ST. LOUIS. r,7 lh(' inuF'i- this act, or any ordinanco of tin* city, and li(‘ sliall p('i‘fonn sncli otlnn’ duties as shall he enjoin(*d on him hy ordinance*. 15. Tlu'n* shall he a city (*n<>in(*er. whose duty it shall lx; to sni)(*rintend the construction of all ])nl)lic woi’ks of the city, and to mak(^ out plans and estimates, and to contract for tlu* (‘xecution of the same; and to perform all such surveyinu- and (*n”-lneei-in^-, and such other duties, as may 1 ) 1 * re(piir(*d of him hy ordinance. ](). The register, auditor and eaty marshal shall he elect(*d at the same time, and in the same manner, as niayoi-, aldermen and delegates. 17. ^^'henev(*r there shall he a tie in the election of city otlicers, the judges of election shall certify the same to the mayor, who shall issue ids pro(*lamation immediately thereupon, stating such fact, and ordering anew election. 18. The register, auditor, treasurer city mai-fshal and engineer, shall, each, hefore entering on the discharge of the duties of his otlice, give hond to tlu* mayor, conditioned for the faithful discharge of the duties oi his otlice, and the amount of such homl shall he designated h}’ the mayor, and the security shall he such as he will approve. 19. The mayor, register, auditor, recorder, treasur(*r, city marshal and engdiiec*!’, and each officer of the cori)oration, l)efore entering upon the discharge of the duties of his office, shall take and suhscrihe an oath or affirmation, hefore some judge or justice of the i)eace, that lu* will support the constitution of the United States and of tliis State, and that he will faithfully demean himselt in office. 20. U'he i-egister, auditor, recorder, treasure*!-, city marshal, city attorney and (*ngineer, shall, (‘ach, hold his otlice for the t(*rm of one year, and until his successor shall he dul}' elected and (pialilled; hut may he sooner removed from office for any misdemeanor, or for incapacity , hy the city coiuual, on joint vote, a majority of all the memhers ele(;tt*(i concurring therein; and also, for likei causes and in like manner, all officei-s and servants api)ointed hy ordinanc(*. 21. The inayoi- and all other officers of the coi-poration shall, during their continuance in office, reside within tlu; limits of the city; and if the mayor, or any officer of the corj)oi-ation, shall cease to reside within the limits of the city, his office shall imnu*diately hecome vacated. 22. There shall he a recorder, who shall have jurisdiction throughout the cori)orate limits of the city, and shall he a conservator of the peac(*, and shall have all the powers and jurisdiction now" vested in justices of the peace; and who shall receive tin* same lii‘(*s for like services. The recorih*!- sliall h(^ elect(*d at the sanu* time and in the same manner as the mayor, alderm(*n, and d(‘legat(*s, and shall hold his office* for the space of two years, and until his succ(‘ssor is duly elected and (pialitied. ARTK'LE V. Of Elections. 1. g(*nei-al election for all the* offic(‘rs of tln^ corporation. r<*(pni'(*d to he el(*cted hy this act, or any oi-dinance of the city, shall he* he)lele*n on the llrst Meinelay of April in eae-h ye*ar. 2. At all elee-tions fen- e-ity eitlicers the ve)te*rs shall vote hy halleit. 5. All pe*rse)ns epialilie*el as (-leie-teirs unele*r the; tenth se'e-tiem eif the* thir I artie-le e)f the constitution e)f the* State* eif Missouri, wliei shall have re*sieleei six nmnths within the* city, and enie nmnth within the wai-el w'he*i-e the*y e)tfer to votei, ne*xt ))re‘e'e*ermg the e*k*ction, shall he ele*e*me*d epialilieel ve)te‘rs at all e*lee‘tie)ns tor e-ity e)ffie-e*rs. 4. Ve)tei-s shall give their ve)te*s fe)r city olticcj-s einly in the* wa!-ds in which th(*y resiele*. 5. When(*ver any vacancy shall e)ce-ur in the* ejffice of alelerman, ele*le*gate*, registe-r, auelite)r, city attorney, r(*e-e)rder, eir city marshal, it shall he the duty e)f the mayor to issue his proe*lamation ordering an ele‘ction to till sne-ii vacancy. CllAllTEES OF TJIE CITY OF ST\ LOUIS. 68 AirJTCLE YI. Of Proceedmgs in Special Cases. 1 . \Vlu3n it is nec(‘ssaiy to tak(‘ i)rivate i)roperty for opening, widening or altei-ing any public street, lane or avenne, the coi-poration shall make a jnst eoin])ensation therefor to the ])erson whose property is so taken; .aiid if the ainonnt of such compensation can not be agreed upon, the mayoi- shall cause the same to be ascertained by a jury of disinterested free- iiolders of the city . 2. In opening, alt(‘ring or widening alleys through the blocks oi- squares of the city, the same proceeding shall be had as in tlu^ case of opening, widening or altei-ing i»ublic streets, lanes or aA’eiiues, with this addition, that the jury will ascertain the amount of benetit that shall .accriu'. to the person whose ])ro])erty is taken, oi- those who may have petitioned foi* the opening, widening or altering of such alley. ?>. When two-thirds of the owners of all the i)roperty on a street, lane, avenue or alley, proi)osed to be opened, widened or altered, shall petition therefoi-, the mayor and city council may oi)en, widen or alter such street, lane, avenue or alley, upon' conditions to be ])rescribed by ordinance; but 210 compensation shall, in such case, be made to those whose property shall be taken for the oiiening, widening or altering such street, lane', avenue or alley, who have petitioned for the same; nor shall there be ain assessment of lienetits or damages that may accrue thereby to any of the petitioners. 4. All jurors inqiaimeled to inquire into the amount of benetits or damages which shall ha])])en to the owner of property jiroposed to be taken, for opening, widening or altering any street, lane, avenue or alley, shall first lie sworn to that etfect, and shall return to the mayor ihei’r inquest, in writing, and signed by each juror. .5. The mayor shall have powei*, for good cause shown, within ten days after any inquest shall have been returned to him, as mentioned in the preceding section, to set the same aside, and cause a new inquest to be made. (). The mayor and city council shall have po\\er, by ordinance, to en- force the paynient of all sums which a jury shall dechire to be tlie amount of benetits acciaiing to the owners of property, ni)on any alle}" which slmll be 0 ])ened, ^^idened or altered, if the owner be one of the i)etitioners for the o])ening, widening oi- altmang such alhw. 7. The mayor and city council shall have power, by ordinance, to levy and collect a special tax on the holders of the ’ ^ dreet, lane. avenue oi- alley, or part of Jiny sti-eet, lane, avenue or alley, according ro the resjiective fronts owned by them, for the purpose of paving or grading such street, lane, iivi'iiiu; or alley. ' 8. 'Jdie mayor and city council shall have power, by ordinance, to direct the manner in wbicii any ])i'opei‘ty, real or personal, advertised for sale, or sold for taxes liy authority of the corporation, may be redeemed. 9. The net amount of moneys accruing from the licensing of feia*ies and billiard tables, and all tines and forfeitures accruing to the city for viola- rions of ordimmces concerning ferries andlnlliard tables, and the priwen- Tion or suppression of gaming, shall be .appropriated and apiilied in such ’naniier as the mayor and city (*ouncil may, from time to time, direct. 10. The city council shall cause to be published, annually, a full and (■om]»lete statement of all moneys received and expended by the cor- ooration during the preceding year, and on Avhat account received and expended . AirfK'LE VII. Misccllaiieous Provisions. 1. 'J'Ik! recorder aldermen, and di'legates sludl be conservatoi’s of tlu* 'peace, thronghont the (*ily, and shall ha\'e therein all the powers and jurisdiction now vested in justices of the peaciu in matters of a criminal ( IIARTEKS OF THE (MTV OF ST. LOUIS. G!) nature, and sliall ex(M-eise all powan-s and pcnMdnn all dnlies 'which niay he investial in, and reipiired of tlunn, l)y ordinance*. ‘2. M'lu* r(‘(*oi*dor. and eacli Jnstiee ot the peace, witlun the* city, sliail have Jurisdiction of all cases arising- inidei* the oi-dinances of flie city, snhj(‘ct, however, to an ai)peal, in all eases, to the cirenit court of St . Louis county; and eveiy such ap])eal shall lx* taken and ^-ranted hy justices of th(' i)eae(“ to the eirenit court. imd(*i* the e-onoj-al law of tlx* land, d. MMu* inhahitanis of St. Louis are heivhy (^xeniptexl from working on any road beyond the limits of the city, and from paying any tax to i)i‘ocnrc Ial)orers to work upon the same*. 4. All ordinances and resolutions passed by the city coniicil of the city of St TA)nis shall remain in force until the same shall be r(*pealed hy tin* <*orj)oration hereby created. 5. All suits, fictions and prosecntioiis, instituted. commen(*ed. or brought by the eor])oration hereby creat(*d, shall l)e instituted, commenced and i)roseented in the name of ‘ ‘ The City of St. Louis. ’ ’ G. All actions, tines, i)enalties and forfeitures, which have accrn(*d to the cit}" council of St. Louis, shall be vested in, and prosecuted for, by the corporation hereby createil. 7. All property, real and personal, heretofore belonging to the in- habitants of the town of St. Ijonis, or the trustees of said town, in their cori)orate capacity, or to the ‘ Alayoi*, Aldermen, and citizens of the city of St. Louis,” or to the city council of the city of St. Ta)nis, shall he. and the same is hereby declared to be, vested in the corporation hereby created . 8. M'his charter shall not invalidate any act done by the ‘•Mayor. Aldermen and citizens of the city of St. Louis,” or the city council of fin* (dty of St. Louis, nor divest them of any right which may have accrued to them prior to the passage of this act. 9. MMie General Assembly may, at any time, alt(*r, amend, or repeal this charter. 10. All acts or i>arts of acts coming within the i)ni-view of this cbaifer. or conti-ary to, or inconsistent with, its pi’ovisions, are hei-eby repeah'd. 11. The mayor of the city of St. Louis shall, immediately afb'i* thii passage of this act, take measures to promulgate tins law within the limits of the (dty of St. Louis, and shall issue his in-oclamation. aiul cause the same to be published in all the newspapers of said city, for four w(*(*ks successively i)rior to the day of (*lection, r(*(iuiring an' (*h*ction for city otlicers, in pursuance of this chart(*r, to he held on tlx^ tirst Monday ol Ai)ril, eighteen hundred and forty-one; and said election shall lx* con- ducted in th(* same manner and tit tlx* same tinx^ ;uxl plac(*s as now provided for hy the ordinances of said city regulating elections. 12. MMns tu‘4 is dech»r(*d to lx* a ))nbli(; act, and may lx* r(*ad in evld(*ix*c in all courts of law and (*(|nity in this Stale, without pi-oof. 13. Whenever the city of St. liOuis shall er(*ct and organize a work- house in St. Louis (county, any p(*rson who shall fail or ix*gl(*ct to jxiy any line or costs imposed on him by any ordinance* of tlx* City of SI. Louis, foi* any misdenx'anoi* or br(*ach of any ordinance of said city, shall, instead of being conmntted to the Jail of tlx^ county, lx* committ(*d to tlx* workhouse until such line and costs lx; fully paid: J*rovided, however, M'hai no such imprisonnx*nt shall exc(*ed niix*ty 'days. 14. Eveiy iierson so committed to tlx* workhouse*, shall lx* r(*(pui-(*d to work for tlu^ city at such labor as bis h(*alth and str(*ngth w ill p(*rmit , not exceeding ten hours iii (*acb day; aud ibr such work aixl labor tlx* p(*rson so (*mi)loy(*d shall Ix^ allow(*d, (*xclusive of his board, s(*v(*nty-li\(* cents ]x*r day for each day’s work, w hicli amount shall go towards paying such line and costs. la. Nothing herein contained shall lie so constru(*d as to i)r(*vent the mayoi* of the city of St. Jjouis from remitting any tiix*, or part of any tine, im|X)sed upon any iierson for a breach of any ordinance of the city of St. Loins. IG. M'lx* lots and all jnoperty, r(*al. p(*isonal and mixed, b<*yond tlx* present city boundaries, shall not be subject to taxation foi* cit}' purxioses, for the p(*riod of tw'elve months from the passage of this act. 70 HILLS OF MORTALITY OF ST. LOUIS. 17. 'I'ho (‘ominoii council shall, within twelve inoiitlis from the i)assage (nf this act, cause to he ^i-adc'd and niacadamized the carrai^e-way of Broadway, South S(!veiith, Washington aveiine, and Market street. twenty-fiv(* feet wide, from tlu* ])on!idaries of the city, established by this act, to the near(*st point macadamized within the present limits ()f the (ity; and. until such carria; their patients in the city of St. Louis and its snhnrlis; which report shall specify the names of the persons dying, the diseases of which they diedy their ages, and whether the}' lived in the eity or snhni-hs. 2. If miy ovei'seer, sexton., oi- iihysician, shall neghict to make tin* sveekly re])Oi‘t provided for in the foregoing section, he shall forfeit and pay the sum of live dollars for every such neglect, to he recovered by action of de))t before any justice of the peace, in the name and to the use of the county of St. Louis, at the instance of tlie register of the city of St. Louis. Tins act to take effect from and after its passage. A})})r(>ved„ Feliruarv 5^.1841. AN ACT To AMEM) AN ACT CONCERNING BILLS OF MORTALITY IN THE CITY OF ST. LOUIS AND SUBURBS. Me it enacted by the General AssenMy of the State of Missouri, as follows: 1. That all overseers, sextons, or other p('i-sons> who may have control of ])nl)lic gi-aveyards in. adjoining, or within four mil(*s of tlu' city ot St. Louis, shall make a weekly i-eport to the register of tlu* city of' St. Louis of all inh'i nvjnts dni-iiig the week, in the grav(*yard wlu'is'of they are such ovcrs(*er or si'xton, i esiiectively . Said report shall spc'cify th'e nanu's and ag(*s of the lU'i’sons int(*rn‘d, and also the disease's of w lncfi said persons di(*d, s(‘x, color, and if slave or fr(‘(*. 2. That if any overse'er, se'xton, or otlu'r person, having conti-ol of a graveyard; shall ])ermlt any p(*rson to he* intei-i'ed in said gi-av('yard, without a (‘(‘ititicate stating tlu* name, age*, sex, coleer, and if fi'e*e* eir slave'y te)ge*tlie*r with the elLe*ase of whie-k saiel pei-son elieel, w'hie-h ea'Jtiti- lUI.LS OF MOirrALITV OF ST. LOUIS. 71 <*nto shall b(‘ si^-iK'd hv the ])hysi(*iaii who att(‘ii(l(Ml said |)(‘rsoii , he sliall forfeit and pay the sum of live dollars foi- (‘very sueh n(‘^l(‘(*t, to lx* re(;ov- (‘r(*d before any justice of tin*, peace*, in tlu^ nanu* and to tlie use; of tin; city of St. TiOnis, at the instance of the iv^ister of St. TiOnis. JL That if any overs(*er, .S(‘xton. oi* oth(;r i)erson, fail or lu'^'lect to make to tlu; iciiistc'r such report of weekly interments, he shall forfeit and i)ay live dollars for every such failure, to h(‘ recovered as above. 4. For the puri)ose of carrying the above act into etfect, every physician who may lerac.tice medicine* in" St. Louis and suburbs, sliall, when a jiatient dies under his care, make out a certificate, stating the name, age, sex, and color, and if free or slave, tog(*ther with the name of the disease of which said person died; and if any jiliysiciaii, on application, r(‘fuse to mak(^ out such certilicate, he shall forfeit and pay live dollars to the use of the city of St. Louis, to he recovered before any justice of the peace of St. Tjoiiis county, at the instance of the city register. This act to take effect from its iiassage. A'pproved, February 25, 1843. CITY CHARTER AN ACT TO REDUCE THE LAW INCORPORATING THE CITY OF ST. LOUIS, AND THE SEV- ERAL ACTS AMENDATORY THEREOF, INTO ONE ACT, AND TO AMEND THE SAME. ARTICLE I. Of Boundaries ^ General Powers, and Formation of Wai'ds. Be it enacted hy the General Assembly of the State of Missouri, as foil oios : 1. All that district of country contained within the followiji^t limits, to-wit: Beo'inning' at a point in the middle of the main channel of tlie Mississippi river, due east to the southeast corner of St. George, in St. Luuis county; thence due west, to the Avest line of second Carondelet aA-enue; thenee north, Avith the said Avest line of said avenue, to tlie north line of Chouteau aATime; thence nortliAA ardly, in a direct line, to the mouth of Stony creek; thence due east, to tlie middle of the main channel of the Mississippi riA^er; thence southwardly, AA'ith tlie middh‘ of the main channel of the ]\Dssissippi river, to the place of beg-inning, is hereby erected into a city, hy the name of ‘ ‘The City of St. l/ouis. ’ ’ 2. The inhabitants of "the city of St. T.onis, as the same extends and is laid out above, be, and they and their successors foi-CAan* are, hereby constituted a corporation and bodj' politic, in faiT and in hiAV, by the name and style of ‘ ‘The City of St. Louis. ■ ’ and hy the same name shall have ])erpetual succession, shall sue and be sued, implead and be iinjileaded, defend and be defended, in all courts of hiAV and equity, and in all actions AAdiatsoever; may jnirchase, receive and hold ]U‘operty, i-eal and personal, Avithin said city, and may sell, lease, or dispose of tin* same for the benetlt of the city, and may purchase. receiAn and hold property, real and personal, be 3 n)nd the limits of the city, to be used for the burial of the dead of the city, also for the (‘ri^ction of AvaterAVorks to supply the city AAith AATiter, and "also for the establishment of a hospital for the reception of iiersons infected Avith contagious and other diseases, also for a poorhouse, Avorkhouse, or house of correction; and may sell, lease, or dispose of such property for the bemdit of the city, and inaA" do all other acts as natural persons; they shall have and use one common seal, and may break, change, alter and make a iicav seal at pleasure. 3. The city of St. Louis shall be divided into six Avards, the boundaries whereof shall be fixed by the city (;ouncil, and be b^^ the (jouncil changed from time to time, as they shall" see lit, having regard to the number ot free A\diite male inhabitants, so that each Avaril shall contain, as near as maj^ be, the same number of free Avhite male inhabitants. ARTICLE 11. Of the City Council. 1. There shall be a city council, to consist of a board of aldermen and a boai-d of delegates. 2. The hoard of delegates shall he composed of two memhei-s for each ward, to be chosen by the qiialil^pd Aoters of the several wards for one year. CITV ( IIAKTKR. 73 IR board oi' abh'iaiKMi shall coiisisl of two nuMidx'rs tb]’ eacli wai’d, clios(Mi by lli(‘ (|ualilu‘d votc'rs, lor (wo y(‘ai‘S. 4. No person shall b(‘ an alderinaii oi' dob'^ii'atc' iinb'ss ho ho a citizcai ot the Slat(' of Missouri, and shall luivo i-(“sid(Ml within tin; oity limits one year next i)r(‘('odin^’ his (“hH'tion, and a bona fide resid(‘nt of tho ward for which ho is oloot(‘d. 5. If any aldonnan oi- dcdopito shall, aftoi* his olootion, remove from the ward for which he is ohostm, his oltice shall he thereby vacated. 0. Immediahdy aft(*r the hoard of aldermen shall he ass(‘mh]ed, in eons(Mpience of the tirst (*I(*ction, the aldeianen shall he divided into two classes. The scaits of those of the tirst class shall he vacated at the expiration of the tirst ycair, and of the second class at the expiration of the second year, so that one-half may he ehos(m eveiy year. 7. Tlu* hoard of aldermen shall elect one of their nninher to he president of the hoai'd, and the hoard of delegates shall elect one of their number to he chairman thereof. 8. Each hoard may appoint tlieir clerks and such other officers, servants and ao'cnts, as they shall, respect! velv, deem necessary in the transaction of their business. 9. Each hoard shall he the judge of elections, returns and (j[ualitications of its own memhers, and shall determine contested elections. 10. ddie majority of each hoard shall constitne a qnornin to do business, hut a smaller number may adjourn from day to day, and may comiiel the attendance of absent memhers in such manner and under sncli penalties as each lioard may prescribe. 11. Each hoard may detei'inine the rules of its ])roceedings, punish its memhers for disorderly behavior, and, with the concurrence of two-thirds of all the memhers elechMl, expel a memher, hut not a second time for the same olfeiisi*. 12. Each hoai-d shall keep a joui-nai of its ])roc(‘edings, and, as soon as practicable, ])uhlish the same iii two newspapers of the city, which jinpers shall he of (litferent iiolitics; and the y(‘as and nays of the memhers on any (luestion shall, at the desire of any two of those present, he entered on the journal. 18. Neither hoard, during the session of the city council, shall, without the cons(Mit of the other, adjom-n foi- a longer period than two days. 14. No alderman or delegate shall, during the time for which he was elected, he appointed to any oliice under tlufeity. 15. All vacancies that shall occur, in citlun- hoard, shall he filled by election, in such mannei’ as shall he pi‘o\ ided for by ordinance. 1(). Each alderman and delegate* shall, before entering upon the duties of his oliice, take an oath that he*, will snp])ort the constitnlion of the United States and of this State, and that he will faithfully demean himself in office. 17. Whenever there shall lx* a tie* in the elee*tie)n eef alelermen or elele- gat(*s, the* juelges e)f e*le*e*tie)ns shall e*(*i*lity the* same* te) the mayeer, who shall immeeliat(*ly the*re*ui)e)n issuer his i)re)clamatie)n, staling such facts, anel orele*i*ing a ne*w (*lection. 18. 4'here! shall he* two stateel s(*ssie)ns eef the^ city e'onncil eve*iy year, and they shall he* helel een the se*ce)nel Meenelays eef May and October, at such ])lae*e*s as shall he })re^se*rihe*el by eerellnance. 19. Ujee)!! the* jeassage* of all hills appi-eepriating meeney, e)f hills imi)e)sing taxes, ine*,i-(*asing, le;ssening, eei* aheelishing lie!e‘ns(*s, anel eh* hills for bor- rowing me)ney, the yeas anel nays shall he entereel een the journals. 20. All hills shall he reael in e*ach heexrel een thre*e seve*ral days, nnless two-thirels of the memhers, electeel e)f the hoard, shall elispense there- with. 21. A maje)rity of all the memlx*rs (*l(*ct(*el e)f (*ae*h he)arel shall he nee*essarv to i)ass a tax hill, hills appreepriating, for any leurjeose, the* sum e)f live liunelreel ele)llars e)r upwarel, anel hills in anywise increasing e)r diminishing the city revenue. 74 C ITY CHARTER. ARtTICLE in. Of the Legislative Power. 1. The approprintions of the city council, for payment of interest, for improvements, and for city exi)enses, during any one tiscal y(;ai-, sliall not exceed the amount of the income of the preceding tiscal yeai‘; hnt it shall be lawfid for said hoai*d to apph' any surplus moneys in tlie treasury to the extinguishment of the city debt, (or the creation of a sinking fund for the payment of said debt), or to the completion of the city water- works; but tlie said council shall apply the revenue received from wdiai-f- age (deducting the collection of the same, and other incidental expenses attendant thereon) to the improvement of the wharf, until the same be completed. 2. The mayor and city council shall have power within the city bv ordinance — First — To levy and collect tax^s, not exceeding one per centum upon all property macle taxable by law for State purposes. Second — To borrow money on the credit of the city. Third — To appropriate n'lonej^ iind i)rovide for the payment of the debt and expenses of the city. Fourth — To make regulations to prevent the introduction of contagious diseases into the city; to make qdarantine laws for that purpose, and enforce the same witinii ten miles of the city. Fifth — To establish hospitals and make regulations for the government thereof. Sixth — To make regulations to secure the general health of the iidiabi- tants, and to prevent and remove nuisances. Seventh — To provide the city with water, and to erect hydrants, fire- plugs, and pumps, in the streets, within or beyond the boundaries of the city, for the convenience of the city and environs. Eighth — To open, alter, abolish, widen, extend, establish, grade, pave, 0 ]‘ otherwise improve, clean, and keep in repair, streets, avenues, lanes and alleys; but the mayor and city council shall not establish or open a street, lane, avenue, or alley, through the grounds lying and being situate between Ninth street and Eleventh street, and Washington avenue and Green street, without the written assent of the proprietors of the St. Tjouis University, so long as the building now used as a university re- mains erected thereon. Ninth — To establisli, erect and keep in repair bridges, culverts, and sewers, and regulate the use of the same; to establish, alter, and change the channel of water courses, and to wall them up and cover them over. Tenth — To provide for lighting tlie streets and erecting lamps thereon. Eleventh — To establish, support and regulate night watches and patrols. Twelfth — To erect market-houses, estaldish markets, and marketplaces, and provide for the government and regulation thereof. Thirteenth — To provide for the ei-ection of all needful buildings for the use of the city. Eourteenth. — To provide for enclosing, improving and regulating all pub- lic grounds lielonging to the city. Fifteenth — To improve and preserve the navigation of the IVlississipiii river within the city. Sixteenth — To erect, rejiair and regulate public wdiarves and docks; to regulate the erection and repair of jirivate wharves, and to fix the rates of wharfage thereat. Seventeenth— regulate the stationing, anchorage and mooring of ves- sels within the city. Eighteenth — To license, tax and regulah^ auctioneers, grocin-s, mer- chants, retaiho's, and taverns, and to license, tax, regulate, and siipiiri'ss ordinaries, hawkers, peddlers, brokers, jiawnbrokers and money cJiangers. Nineteenth — To license, tax and r(‘gulate hackney carriages, omnibuses, wagons, carts and drays, and fix fhe rati'S to la; chargial foi- tlu^ carriage of persons, and of the wagonage, cartage and drayage of projicrfy. ( ITV CIIARTKli. 75 Twentieth — 'I’o iiiul ])()i’tci‘.s, and to lix tin; raU; of port (M‘a <»•(•. Twenty-first — 'fo licuniso, tax, iv^’ulato, and .snj)])iv.s.s tlicatrical and other exliilntions, show.s and aninsenunits. Twenty-second — To li(HMme, tax, resti'ain, ])roliil)it and snp])r(‘ss ])illiard tables, tii)plin«‘--lionses and tlrain-sliops; and to siii)])ress «ainino- and .uainbling’-hoiist's, and other disoi'derly houses, and to suppress bawdy liouses. Twenty-third — 'fo ])r()vide for th(‘ prevention and extin^uislinient of tires, and to oro-anize and establish tire eompanies; also, to iv^-ulate, restrain oi- i)rolnbit the ereetion of wooden buildings in any part of the city; to regulate and prevent the carrying on of manufaetures dangerous in causing or i)roducing tires ; to appoint fire wardens and i)roperty guards, with powder to remove and keep away from the vicinity of any tire all idle and suspicious persons lurking near the same; and to" compel any i)erson or persons present to aid in extinguishing sucli fire, or in the preservation of property exposed to the danger of the same, and in pre- venting goods from being purloined thereat, and with sucli other po-wers and duties as may be prescribed by ordinance; to compel the owmers of houses and other buildings to have scuttles ui)on the roofs of any such houses and buildings, and stairs and ladders leading to the same. Twenty-fourth — To regulate and order the cleaning of chimney's, and to lix the fee's thereof. Twenty-fifth — To regulate the storage of gunpowder, tar, pitch, resin, hemp, cotton, and aH other combustible materials, and the use of lights and candles in all stables, shoi)S and other places; to remove or i)revent the construction of any tire-place, hearth, chimney, stove, ov(mi, boiler, kettle, or ai)paratus "used in any house, building, manufa(*tory, or business, which may be dangerous in causing or promoting tires; to direct the safe construction of deposits for aslu's, and, severally, to enter into, or to apj)oint one or more oliicers, at reasonable times, to enter into, and examine all dwelling houses, lots, yards, (“iiclosures and buildings, of every desci-ii)tion, in order to discover whether any of them are in a dangej'ous state, ami to cause such as may be dangerous to l)e put in sate and secure condition. T wenty-sixth — To regulate and prescribe the inaimei-, and order the building, of partition and ])arapet walls and of i)artition fences. Twenty -seventh — To establish standard weights and measures, and regu- late the weights and measures to be used in the city, in all cases not otherwise pro^'ided by law. Twenty-eighth — To "provide for the inspection and measuring of lumber, and other building materials. Twenty-ninth — To i)rovide for the inspection and weighing of hay and stom^ coal, the measuring of (diarcoal, firewood, and oth(*r find, to be used in the city. Thirtieth — d'o provide for and regulate the inspection of beef, pork, tlour, meal, oils, whisky, and other si)iritnous li(piors, in bai-rels, hogsheads and other vessels: Provided, That nothing in this act shall b(* so construed as to authorize the inspection of any article enumei’ated in this act, which is to be shipped beyond th(^ limits of this State*, except at the r(*(piest of the ow ner or owners thereof, or of the agent having charges of the same. Thirty-first — To regulate the ins])ectiou of butt(*r, lard and oth(*r i)ro- visions; to regulate the vending of meat, i)oultry and v(*get;\bles; to restrain and punish the forestalling of i)Oultry, butter, eggs and fruit, and to suppress hucksters. T hirty-second — To r(*gulate the weight, (tuality and pric(^ of bread to b(* sold aud used in the city. T hirty-third — d\) regulah* tin* size of bi’icks made or us(‘d in tln^ city. ^ T hirty-foarth — To provide for the taking and enumeration of the inhabi- tants of the city. T flirty-fifth — To r(*gulate tin* el(*ction of all (*l(*etiv('- city otlicers, and provide for removing from ollic(^ any person holding an olUce created by this act, or by ordinance, not otherwise provid(‘d tor. 76 CITY CHARTER. Thirty-sixth — To i)rovi(lo for tlie ai)])ointiiuMit of all officers, servants and agents of the eori)oration, not otlna-wise pi-ovided for. Thirty -seventh — To tix the. eoinpensafion of the eity otlieers, and i’(‘»nlate the fees of all jurors, witnesses and others, for services rendered under this act or any ordinance. Thirty-eighth — To ]‘eo’nlat(‘ th(? ])olic(‘ of the city; to impose liiK's, for- feitures ami penalties for the breach of any ordinance, and provide for the recovery and a])])roi)riating’ of such fimis and forfeitures, and the enforce- ment of such penalties. Thirty-mnth — To erect a woj-khoiise and house of correction, and pro- vide for the regulation and government thereof. Fortieth — To creah*. the office of i)oi-t warden, and detine the duties thereof, and to regulate and license all ferries within the limits of the city. Forty-first — To levy and collect a i)oll tax, not exceeding titty cents, upon every tree white male person over twenty-one years ot age, who shall have resided six months within the city. Forty-second — To remove all obstructions from the sidewalks, and to provide for the construction and repair of all sidewalks and curb-stones, and for the cleaning of the saim*, and of tlie gutters, at the expense of the owners of the ground fronting thei-eon. Forty-third — To prevent and restrain any riot, rout, noise, disturl)anc(‘. or disorderl}' assemblages in any street, house or ])lace in the city. Forty-fourth — To prevent and remove all encroachments into and upon all streets, lanes, avenues, and alleys established by law or ordinance. Forty-fifth — To exercise eomi)lete and perfect conti-ol over the (*om- mon, ainl all of the property belono-iug to the city, real or ])ersonal, whether lying within or l)eyond the limits of the corporation creatcnl by this act, and the same to lease, sell, transfer, and dispose of. either abso- lutely or with limitation, to any person or jiersons whatsoever; and generally to make such rules, regulations, by-laws and ordinances, for the purjiose of maintaining the peace, good government and order of tin* city of St. Louis, and the trade, commerce and manufactm-es thereof, as the city council may deem expedient, not reiiugnant to the constitution or laws of this Stafe; and also to enforce the observance thereof, by intlicting iienalties upon any’ inhabitant thei'eof, or other person or ])er- sons, for the violation of any ordinance, not exceeding tive hundred dollars for any one olfense, recoveralile with costs, in any action of debt, by and in the name of the city of St. Louis, for the use of the city, liebm* any court having cognizance of the same. 3. The city council shall have power, subject to the restriction in th(' last clause of the preceding section, to make all ordinances which shall be necessary and ])roper for carrying into etfect the ])Owers specilic'd in the prec('ding section, and all other ])owei‘S vested by "this act in the corpora- tion, the city govei-nment, or aipy department or ollicer thereof. 4. Xo money shall be expended, nor shall any improvement b(‘ ordered, involving an exi)enditui‘e of money, except by ordinanee, the provisions of which shall be specitic and detinite. 5. Every l)ill which shall have been passed by both bi‘anch(\s of the. city council shall, before it becomes a law, he i)resented to the mayor for his api)robation. If he approve, he shall sign it; if not, lu' shall ndiirn it. with his objections, to the boai-d in which it originatcal, which ohj(‘ctions .shall be entered at large on the iournal, and the hill be reconsiiUuvd . 0. If, aftt*r such reconsideration, three-tifths of all the members elecb'd to the board in which the hill originated shall agree to ])ass th(‘ same, it shall be sent, together with the obj(*ctions of tlu^ mayoe, to tlu' otiier branch of tin; city council, by whicli it shall . in lik(' maniKU*, b(* recon- .sidered, and if passed by three-tifths of all the members elected to that branch, it shall become a* law. 7. In all such cases the votes of both brancluvs shall be taken by yeas and nays, and entei-ed on the journals of (aich branch, i-(“spectively. 8. If any hill shall not b<^ retui-ned by the mayoi- in live days (Sundays <*xcept(‘d) afbn- it shall have bec'ii pivsented to him for his apiu-obation . th(' same shall become a law in the same manner as if lu* had ai)pi-ov(‘il and signed it. CITY (IIAKTKU. / i 1). Kv('ry ivsoliitioii to which th(‘ concurrciKH' of both ])i-;incli(‘,s of the city (‘OiiMcil shall he lu'cessary ((‘xc(‘i)t iu eases ot adjounmuait) shall Ixi l)r('seiite(l to the nuiyor, and, hefoiH* the same shall take etfect, shall he proeeeded upon in tin* same mannei- as in ease of a hill. 10. Th(‘ style of the oi'dinanees of tlu* eity shall he: '■ 45e it ordained hy the eity eonneil of the city of St. Louis. ’ ’ 11. All ordinan(*es i)assed hy the city eonneil shall, within live days after th(‘y heeome laws, lx? published in two newsi)apers published in tlie eity of St. J./onis, wliieli shall he of dillerent politics. 12. All ordinances of the eity may he i)i‘oven by the seal of the eor- poration, and, Avhen piloted and published by authority of the corpo- ration, the same shall be received in evidence in all courts and places, w ithout further iiroof. 13. The president of the lioard of aldermen shall exercise the duties and receive the comiiensation of mayor wdienever, and so lone- as, fj-om any cause, said office of mayor shall be vacant, or the mayor be absent fr()m the cit}". AETICLE IV. Executive and Ministerial Offices. 1 . The chief executive offi(*er of the city shall be the mayor, w1io sliall be elected by the (pialitied vobu's of the city, and wdio shall hold his office for the term of one year, and until his successor is duly elected ajul ({ualilied. 2. No person shall b(^ mayor who, at the time of his election, is not ])ossessed of the (pialilications reiinired for an alderman or deh'c-ate, or who holds any hua-ative offici; under the authority of the Unibxl States. 3. When two or more iiersons shall have an equal nnmbei- of vot(‘S for the office of mayor, the tw'o branches of tin* city council shall decider tlx* election l)y joint vote. 4. Whemwer an election tor maj'or shall h(‘ contested, the two branches <»f the city council shall (hdermine the same hy joint vote. o. Whenever any vacam*y shall hapixm in the office of mayor, it shall be tilled by dectioii in such’ maniuM- as shall be provided for by ordinance. (). The may(u- may be removed from office for any misdemeanor, by a majoi’ity of two-thirds on joint vot(‘ of both branehes of tlu^ city council. 7. 41ie mayoi- shall have tlx* pow(‘r to nominab!, and. by and w ith tlx* consent of the board of aldernx'ii, to appoint all city otlicers not ordered by this act to Ix^ otlxn-wlse ai)i)oint(“d; he shall take cai-e that the hnvs of the state and tlx; ordinam*es of the city are duly eidbrced, res})ected and ol)sei’ved within the city; he may rennt tiix's, forfdtm-es and p(Mialti('s, a<*ci-nino' from, or im])OS(*d foi-, the violation of any oi’dinance of tlx* city; he may till all vacancies w hich may sion of the city council, or (‘ltlx*i- board there- of. shall hav(i ])een called by the mayor, he shall stab* to them, when assembled, the cause for w hich tlx*y have b(*en eonvc“ix*d. 10. Then* shall Ix^ a city register, eity auditor, city treasm-er, city mar- shal, city attoi-ix^y, and city en^inecir, wlx), in addition to tlx* duties pr(*scrihed by this act, shall ]x*rform such otlx*r dnti{*s as may lx* i)re- scril)ed by onlinaiu;e; tlx*re shall also be such oth(*r otlicers, servants and assents of the eori)oration as may b(^ ])rovid(*d by oi'dinanee, to be a])i)ointed by tlx*, mayor, by and with the advice and cons(*nt of tlx^ board of aldermen, and to perform such duties as may he prescribed by ordinance. 78 C ITY ( irAUTKlI. n. Tlie city register, city auditor, city attorney, and city marshal, sliall be elected by the (lualihed Yot(‘rs for the ottiee of niayoi', aldermen and deh'gates; and the city eng-ineer and city treasurer shall ])e ap])ointed l)y the mayor, by and ^vith the advice and consent of the hoai-d of aider- men; they shall hold their othces for one year, and until their successoi-s are duly .qualitied. 12. It sliall be the duty of the city register to keep a record of all the olticial acts of the mayor, and, when necessary, to attest them; he shall kee}) and preserve in his otlice the common seal of the city, and all i*ecords, public papers and documents of the cit}' not propialy belonging to any otlier othce. 13. It shall be the duty of the city auditor to prescribe the mode of keeping, stating and rendering all accounts, unless otherwise provided liy ordinance, between the city and any person or body corporate. 14. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the auditor. 15. The city marshal shall, within the city, in matters of a criminal nature, arising under any law of the State, possess the same powers, perform the same duties, and receive the same compensation as eith<*r constable ot St. Louis towmship; he slndl execute and return all piocess issued by the mayor, recorder, any aldei-iiian or justice of the peace, under this act, or any ordinances of the city. IG. It shall be the duty of the city engineer to supei’intend the construc- tion of all public works ordered by the city; to make out plans and estimates thereof, audio contract tor the execution of the same; and to perform all surveying and engineering ordered by the city: Provided, however, Such phlns and contracts shall 1)0 lirst approved by thV two boards of the council, or they shall not be valid. 17. The mayor and all other oflicers of the <*or])oration shall resides within the limits of the city during their continuance in otlice; and if the mayor of the corporation shall cease to reside within the limits of the city, his otlice shall be thereby vacated. 18. Th(a-e shall be a recorder, who shall be a resident of the city, and shall possess the same (pialitications as the mayor, under the provisions of this act, who shall be elected at the same time the mayor and aldermen are elected, and shall hold his otlice for two years, and until his successor is duly elected and qualitied; such recorder in ay be removed ti-om otlice in the same manner as the mayor; he shall have the same jurisdiction as justices of the peace witliin the limits of the city, in all State cases; h(‘ shall have a jurisdiction over all cases arising under any ordinance of said city, subject, however, to an appeal, in all cases, to tin* St. Louis criminal court, and eveiy such appeal shall be taken and granh'd in the same manner as ajiiiea'ls are taken from, and granted by, justices of the peace to the criminal court, under the general law of tlie State. lie shall charge, in all cases, the same fees which are now allowed to justices of the peace for the same kind of services, which shall lx* chai-ged and collected as other costs, and, when collected, paid into the city treasury . 11). The recorder shall make a semi-annual re])ort of all fees charged for his seiwices, which re])ort shall ])e verilied by atlidavit and returned to thy mayoi-. who shall submit the same to the first meeting of the city council thei-eafter. 20. The recordei- shall receive a salary not to excec'd twelve hundred dollars pei- annmii, to be fixed by ordinance, and paid out of the city treasury. ARTICLE V. Of Electiom- L A genei-al election for all the oflicers of the cori)oration, r(‘([uir(*d to be elected by this act or any ordinance of the city, shall be holden on tin* lirst Monday of April in each year. 2. At all elections tor city oflicers tin* voters shall vote by ballot, and only in the wards wherein they respectively reside. ( ITV CHARTER. 70 :E .huljSi’os of (‘loction shiill lx* i(i)i)()int(*(l by tlu' l)oar(l of aldonnoo; tlioy shall tak(‘ an oath to faithfully and iini)ai-tially discharge* th(*ir dnti(‘s; they shall oixni the i)olls at sinnise and close* them at snns(*t, when th(*y shall forthwith proceed to ascertain and certify the resnlt of tlie election, in pr(*s('nce of so many of the candidate's e)r other i)e*rse)ns of all pai'ties, indiscriminately, as e-an be e*e)nv(‘ni(‘ntly ae‘e‘e)mme)elated in the roe)ni se'h'cte'd for the*'i)nrpe)se*: Provided^ That there shall never be less than ten voters pre'sent at any count, if so many elesire to l)e presemt. 4. No ele*ctie)n shall be held in a o]-ooshe)p, oi- othe*r place where intoxi- cating’ rnpiors are vended. 5. All persons qnalitie*d as ek'ctors, under the tenth see*tie)n of tlie thirel artie*le of the e*onstitiition of the state of Missoni’i, who shall have resided six months within the city, and one month within the ward where they otter to vote, n(*xt i)receding' the election, shall be deemed (pialiheil voters at all elections for city otli(;ers. (). Elections for city otlicei’s shall continue but one day. and during that day the polls shall not be closed under any ])retense whatsoever. 7. Special elections to till vacancies shall l)e held under such regulations as may be provided for by law or ordinance. ARTICI.E YI. Of Opening and Improving Streets. 1 . It shall not l)e lawful for the city council to grade, pav(*. macadamize*, clean, water, or light any street, lane or avenue, not established and op(*ned a(*.cording to law and ordinanee. It shall be lawful, nev(U’thel(*ss, for the city council to order the owner or ownei’s of grountl fronting on any private alley to ke(*p the same clean, and, if necessary thereto, to direct him or them to i)ave the same. 2. AVIien it is necessary to take private* })rop(*rty for ope'iiing. widening, or altering any public street, lane or avenue, the corporalion shall make a just compensation therefor to the person whose pi^ojeerty is so taken, and if the amonnt of sneh coni])ensation can not be agreed upon, the mayor shall cause* the same to be ascertaineel l)y a Jury e)f elisintereste*el lreehe)lele*rs e)f the city. 3. In e)])ening, altering or wielening alle-ys tlu’ongh the ble>e‘ks or squares e)f the e-ity, the same pi’oceeeling's shall be hael as in case eef eepen- ing, w4ele*ning or altering pulelic stivets, lanes eei- avenues, with this aeleli- tion, that the* jury shall asce*rtain the amount e)f be*ne*lit that shall ae-vrue to the* pe*i’son whose pre)[)erty is take*n, anel those* win) may have* petitione-el for the e)pening, w ielening elr alte*ring e)f such alle*y. 4. \Vhen the ow'ne*rs eef the* maje)r part e)f the* front e)f all the pro])erty e)n the; stre*e*t, lane, avenue e)r alley, pi’e)pose*el to be* e)pe*ne*el, wielene*el or alte*i’e*el, shall pe*tition there*for, the maye)i’ and city e*oune*il may eejeen, wiele*n eer alte*r siu'h st)’e*e*t, lane*, ave*nne* en- alle*y, upeen e*e)nelitie)ns te) be* ])re*se*i’ibe*el by e)relinane*e* ; but ne) ceenqee'iisatie)!! shall, in sne*h case, be* maele* to those wheese* pi’e)pe*i’ty shall be take*n tor ope'iiing, wiele*ning’ eei- altering sne*h stre*e*t, lane, avenue* e)r alle*y, who have pe*'titie)ne*el tor the* same*; neer shall the*re be any asse*ssme*nt eef be*ne*fit e)r elamages that may ae*e*i-ne* thei’e*by te) any e)f the* i)e*tilie)ne*i’s. 5. All jnre)rs impanne*led te) ine[nire* inte) the* amount e)f be*nelits or elamages whie*h shall hapi)e*n te) the* e)wne*r e)f ])i’e)i)erty propeeseel te) be* taken for e)pening, w iele*ning e)r altering any stre*e*t lane*, avenue e)r alle*y, shall lirst be sweern to that e*tfe*e*t, anel shall return te) thee mayeer the*ir Impie'st. in w riting, and signe*el by eae*h jnre)r. (). 4'he* maye)r shall have pe)W’e*r, fe)r goeeel eausee shown, within ten elays after any inepie*st shall have be*e*n returneel to him, as me*ntie)ne*el in the* l)re*e*e*eling sectieen, to set the same aside*, anel to eanise a new' inepiest te) be* made. 7. 'riie mayor anel e*ity ceenncil shall have peew'er, by e)i-elinane*e, te) entbi-ea! the* paynu'iit e)f all sums which a jury shall ele*e*laree to be; the aine)nnt e)f be*netits accruing te) the e)wne'rs e)f prope*rty, ni)e)n any alle*y whie'h shall be e)pe*ne*el, w'ideneel, or altere*el. if the e)w nei’ be one of tin* l)e?titioners for the e)pening, widening or altering such alley. 80 CITY CJIAllTEll. 8. The mayor and city conncil shall have power, by ordinance, to levy and collect a' special tax on the holders of the lots on any strc'ct. lane, avenue oi’ alley, or part of any str<'(d, lane, avenne or alley, according" to the resi)ective fronts owned by them, for the purpose ot ])avin<>- oi- ])assag(*; all acts or parts of acts rejiugnant or inconsistent with the jn-ovisions of this act, be, and tin* same are hereby, i-ej)ealed. Ap]n-oved, iMai-ch 10, 1849. AN ACT TO AUTHORIZE THE CITY OF ST. LOUIS TO BORltOV/ MONEY. He it enacted by the Genet'al Assembly of the State of Missouri, as follows : 1. The, city council of the city of St. Louis ar(‘ lun-eby authorized to borrow, for a period not ex(a*eding twenty years, and at a rate of intei-c.:ineer, and be in all respects managed as other city improvements: Provided, however, That no street shall be improved out of the new limit fund until recommended by the improve- ment committee, or a majority of them; but the council may rcvject the re])ort of such committee. Sec. G. The city shall, within three years from and after the passage of this act, improve all the unimproved streets within what is known as the old limits of the city, and make a loan for that purpose, if necessary. Sec. 7. This act shall take effect and continue in force for and during the period of ten years from the day of its passage: Provided^ however, That if, before the expiration of said ]ie'riod of ten years, all the streets in the new limits of any ward shall l)e improved, them and in that case the pro- visions of this act shall cease to appl}^ to said ward, and all the revenue collected in said ward shall remain in the general fund of the city. Approved, March 1, 1852. MISSOURI: Office of Secretary of State, \ City of Jefferson, j I, EniRAiM E. Ewing, Secretary of State, do certify that the foi-egoing act of the general assembly of the State of Missouri, entitled, ‘‘An act supplementary to the several acts to incorporate St. Louis, and to con- tinue in force the law commonly known as the new limit hnv, as it now exists, ’ ’ approved March 1, 1851 , is a true and perfect copy of the original roll on file in this office. In testimony whereof, I have hereunto set my hand and affixed the [l. s.] seal of said office, at the city of Jelferson, this twelfth dav of March, A. D. 1851. EPllRADI B. EWING, Secretary of State. AMENDED CITY CHARTER APPEOYED AIARCII 3, 1851. AN ACT TO REDUCE THE LAW INCORPORATING THE CITY OF ST. LOUIS, AND THE SEVERAL ACTS AMENDATORY THEREOF, INTO ONE ACT, AND TO AMEND THE SA.ME. ARTICLE I. Of Boundaries, General Bowers, and Foi'^nation of Wards. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. All tliat district of country contuiiicd witliiii tlic followiiio* liinits, to-wit: Re^liiiiiii^ at a point in tlic middle of the main channel ot the Mississippi ilvei*, due (‘ast to the southeast corner of St. Georo’e, in St. Louis county ; thence due w^est, to the west line of second Caronde- let avenue; thence north, with the said west line ot said avenue, to the north line of Chouteau avenue; thence northwardly, in a direct line to the mouth of Stony cre(!k; thenci! due east to the middle of the main chan- nel of the Mississippi river; thence southwardly, with the middle of the main channel of the Mississijipi i-iver, to the jila'ce of be^'innino-, is hereb}' erected into a city, by the name of ‘"The City of St. Louis.” Sec. "2. d'hat the inhabitants of the city of St. Louis, as the same (“xtends and is laid out jd)Ove, be, and they and tluni' successors foi’ever arc, hereby constituted a corporation and body i)olitic, in fact, and in law, by the name and style of ”The City of St. Louis,” and by the same nanu' shall havci i)eri')etual suc(*ession, "shall sue and be sued, implead and be implead(Ml, defend and be defended, in all courts of law and equity, and in all actions whatsoever; may i)urchase, rec^eive and hold i)roperty, r{*al and personal, within said city, and may sell, lease or dispose of the same for the benetit of the city; and may pundiase, receive and hold j)roperty, r(*al and ])ersonal, beyond the: limits of the city, to lx* used for th(‘ burial of the dead of the city; also for the erection of waterworks to supply the city with water; and also for the establishnumt of ahosi)ital, for the rec(q)ti'on of persons infected with contagious and other disease's; also, for a [xiorhouse, workhouse, or house of correction; and may sell, lease, oi- dispose of siu;h iiroiierty for tlu' beiu'tit of the city; they shall have and use one common seal, and may break, change, alter, and make a new seal at jileasure. Sec. 3. The city of St. Louis shall he divided into six wards, the boundari(‘s whereof shall be fixed by the city conucil, and b(^ by tin* <‘Ouncil chan^’cd from tinu' to time, as they shall se(* tit, having- regard to the number of free white male iidiabitaiits, so that (‘ach ward shall contain, as near as may be, the same number of free white male inhabitants. 92 AMENDED CITY CIIAETEK. ARTICLE II. Of the City Council. Section 1. There sliall be a city council, to consist of a board of alder- nien and a board of delegates. Sec. 2. The board of delegates shall be composed of t^yo members for each ward, to be chosen by the nnalhied voters of the several wards, for one year. Sec. 3. The board of aldermen shall consist of two members for eacli ward, chosen by the qualified voters, for two years. Sec. 4. No person shall be an alderman or delegate unless he be a citizen of the State of Missouri, and shall have resided within the city limits one year next preceding his election, and be a bona fide resident of the ward for which he is elected. Sec. 5. If any alderman or delegate shall, after his election, removt; from the ward for which he was chosen, his office shall be thereby vacated. Sec. 6 . Immediately after the board of aldermen shall be assembled, in consequence of tlie first election, the aldermen sliall be divided into two classes : the seats of those of the first class shall be vacateil at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half may be chosen every year. Sec. 7. The board of aldermen shall elect one of their number to be president of the board, and the board of delegates shall elect one their number to be chairman thereof. Sec. 8. Each board may appoint their clerks and such other officers, servants, and agents, as they shall, respectively, deem necessary in the transaction of their business" Sec. 9. Each board shall be the judge of the elections, returns, and qualifications of its own members, and shall determine contested elections. Sec. 10. The majority of each board shall constitute a (pioriim to do business, but a smailer number may adjourn from day today, and may compel the attendance of absent members in such manner and under sucli penalties as each board may prescribe. Sec. 11. Each board may determine the rules of its proceedings, punisli its members for disorderly behavior, and, with the concurrence of two- thirds of all the members elected, expel a member, but not a second time for the same oftense . Sec. 12. Each board shall keep a journal of its proceedings, and, as soon as practicable, iniblish the same in two newspapers of the city, which papers shall be of different politics; and the yeas and nays of the members on any question shall, at the desire of any two of those present, be entered on the journal. Sec. 13. Neither board, during the session of the eity council, shall, without the consent of the other, adjourn for a longer period than two days. Sec. 14. No alderman or delegate shall, during tlie term for which In* was elected, be appointed to any office under the city. Sec. 15. All vacancies that shall occur in either board sliall be filled by election, in such manner as shall be provided for by ordinance. Sec. 1G. Each alderman and delegate shall, before entering on the duties of his office, take aii oath that he will support the constitution of the United States and of this State, and the iirovisions of this charter, and that lie will faithfully demean himself in office. Sec. 17. Whenever there shall be a tie in the election of ald(*rmen or del(‘gates, the judges of (dections shall cei-tify the same to the mayor, who shall immediately thereupon issue his iiroclamation, stating such facts, and ordering a new election. Sec. 18. There shall be two stated sessions of the city council evinw yeaiq and they shall be held on the second Mondays of May and OctolxM-, at such ])laces as shall be jirescribed by ordinance. Sec. 19, Upon the jiassage of all bills ai)))roi)iaating money, or bills imposiiiii: taxes, increasing, lessening, or abolishiiig license's, and of all AMENDED CITY CIIARTEll. 9^ bills borrowing' money, the yeas and nays shall be entered on the journals . Skc. 20. All bills shall b(^ read in each l)oard on three several days, iiidess two-thirds of the members elected of the board shall dispense tlierewith. Sec. 21. A majority of all the members elected, of each hoard, shall be necessary to pass a tax bill, bills appropriating-, for any purpose, the sum of live" hundred dollars or upward, and bills in anywise increasing- or diminishing the city revenue. ARTICLE III. Of the Legislative Power. Section 1. The appropriations of the city council for payment of interest, for improvements and for city expenses, during anj" one liscal year, shall not exceed the amount of the income of the preceding fiscal year; but it shall be lawful for said council to apply any surplus moneys hi the treasury to the extinguishment of the city debt, (or the creation ot a sinking fund for the iiayment of said debt,) or to the completion ot the city waterworks; but the said council shall ajiply the revenue received from wharfage (deducting tlie expense of collecting of the same, and otlier incidental expenses" attendant thereon) to the improvement of the wharf, until the same be completed. Sec. 2. The mayor and city council shall have pow'er, wdthin the city, liy ordinance — ^ First — To levy and collect taxes, not exceeding- one per centum, upon all property made taxable by law' for State purposes. Second — To borrow money on the credit of the city. Third — To apiiropriate money and provide for tlie payment of the debt and expenses of the city . Fourth — To make regulations to prevent the iiitroductioii of contagious diseases into the city; to make quarantine law's for that purpose, and enforce the same within ten miles of the city. Fifth — To establish hosjiitals, and make regulations for the government th(u-eof. Sixtli — To make regulations to secure the giMiei-al health of the inhabi- tants, and to prcw'CMit, aliate and remove nuisances at tlu‘ expense of the ow'iiei-s or occnjiants of the jiarties upon wiiose grounds tlu'y may exist. Seventh — To provide tlu' city with water, and to erect hydi-ants, tire- plugs, and i)umps in the str(‘e'ts, within or Ix'yond the boundaries of the city, for the convenien(*e of tlie inhaliitants of tlie city and environs. Eighth — i'o open, alt(*r, abolish, widen, extend, establish, grade, pave, or otherwise inqii-ove, clean, and keep in reiiair, streets, avenues, lanes and alleys, wdiarves, and public- g-roimds and squares; but the mayor and city council shall not establish or open a street, lane, aveiiuiq or alley through the grounds lying and being situate between Ninth street and Eleventh street, and AVashington avenue and (Ireen street, w^ithout the w'rittc'ii assent of the proprietors of the St. Jjouis University, so loiig as the building now used as a university remains erected thereon. Ninth — To establish, ei-ect and keep in reiiair bi-idges, culverts, and sew-ers, and regulate the use of the same; to establish, alter, and ehaiige the channels of water courses, and to waill them up and cover them over. Tenth — To jii-ovide for lighting the streets and erecting lamps thereon. Eleventh — 'J’o establish, supiiort and regulate night watches and pati-ols. Twelfth — To erect market-houses, establish inarkets, and market places, and provide foi- the government and regulation thereof. Thirteenth — To ])rovide for the erection of all needful buildiiigs for the use of the city. Fourteenth— ])rovide for enelosiiig, improving- and regulating all public grounds belonging- to the city. Fifteenth — To improve luid presei-ve the navigation of the Mississi[)pi river within the city. Sixteenth — To erect, repair and regulate public wiiarves and docks; to 94 A]VIENDED CITY CIIAHTER. reg’ulate tlio erection and repair of private wharves, and to fix the rates of wharfage thereat: Pt'ovided^ Tlui rates of wharfage at private wharves shall he the same as at pnhlic wharves. Seventeenth — To regulate the stationing, anchorage and mooring of vessels within the city. Eighteenth — To license, tax, and regulate auctioneers, grocers, mer- (‘hants, retailers, and taverns, and to license, tax, regulate and suppress ordinaries, hawkers, peddlers, brokers, pawnbrokers and money changers. Nineteenth — To license, tax and regulate hackney carriages, omni- buses, wagons, carts, and drays, and fix the rates to he cliarged for the carriage of persons, and of wagonage, cartage and dray age of ])roperty. Twentieth— To license and regulate porters, and to fix the rates of portei-age . Twenty-first — To license, tax, regulate and suppress theatrical and other exhibitions, shows and anmsements. Twenty-second — To license, tax, restrain, prohibit and suppress billiard tables, tippling-houses and dram-shops; and to suppress gaming and l^aming-honses, and other disorderly houses, and to suppress Mwdy houses! Twenty-third — To provide for the prevention and extinguishment of fires, and to organize and to establish fire companies; also, to regulate, restrain or pi-ohibit the erection of wooden buildings, and to provide for the removal of the same, when erected contrary to the ordinances of the city; to regulate and prevent the carrying [on] of manufactures danger- ous in causing or producifig fires, or dangerous or injurious to health; to appoint firewardens ami property guards, with powTr to remove and keep aw'ay from the vicinity of any lire all idle and suspicious persons lurking near the same; and to compel any person or persons present to aid in extinguishing such fire, or in the preservation of property exposed to the danger of the same, and in preventing goods from being'purloined thereat, and wdth such other powders and duties as may be prescribed bj* ordinance; to compel the owniers of houses and other buildings to have scuttles upon the roof of any such liouses and Imildiiigs, and stairs or ladders leading to the same. Twenty -fourth — To regulate and order the cleaning of chimneys, and to fix the fees thereof. Twenty-fifth — To ]-egulate the storage of guupow'der, tar, pitch, resin, hemp, cotton, and ah other condjustible materials, ami the use of lights and candles in stables, sliops, and other places; to remove oi’ prevent the construction of any fire-place, hearth, chinmey, stove, oven, boiler, kettle, or apparatus used in any house, building, manufactory or business, w hich may be dangerous in causing or promoting fires; to direct the safe con- struction of deposits for ashes, and, severally, to enter into, or to appoint one or more ollicers, at reasonable times, to enter into, and examine idl (hvelling houses, lots, yards, enclosures, and buildings of every descrip- tion, in order to discover wdiether any of them are in" a dangerous state, and to cause such as may be dangerous to be put in safe ami secure condition. Twenty-sixth — To i-egnlate and prescribe the mannei’ and order of tlu* building of j)artition and of parapet walls, and of partition fences. Twenty -seventh — To establish standard w^eiglits and measures, and regu- late the w^eights and measures to be used" in the city, in all cases not otlu'rw'ise i)rovided by law. Twenty-eighth — To pi’ovide for the inspection and measuring of lumlx'r. and other building mat(M-ials. Twenty-ninth — To provide foi* the inspection and W(*ighing of hay ami stone coal, the measui-ing of charcoal, firewood, ami all other fuel to be used in th(‘ city. Thirtieth — To provide for, and regulate the inspection of. be<‘f, i)ork, floui-, meal, oils, whisky, and other spirituous licpiors, in barrels, hogs- heads and otliei' vessels: Provided^ That nothing in this act shall be so construed as to authorize the inspection of any article enumerated in this MSIENDED CITY CirAETER. 95 act, which is to he ship])C(l beyond the limits of tliis State, exce])! at the n^iiest of the owner or ownei’S thereof, or of the agent luiving charge of tlie same. Thirty-first — d\) regnlate the inspection of butter, lard, and other pro- visions; to regnlate "the vending of meat, ponltiy and vegetables; to restrain and i)nnish the forestalling of ponltry, butter, eggs and fruit, and to suppress hucksters. Thirty-second — To regnlate the weight, quality and price of bread to be sold and used in the city. T kirtrj-third — To regulate the size of bricks made or used in the city . Thirty-fourth — To provide for the taking an enumeration of the inhabi- tants of the city. Thirty-fifth-^To regulate the election of all the elective city officers, and to provide for removing from otlice any person holding an office created by this act, or by ordinance, not otherwise provided for. Thirty fixth — To provide for the appointment of all officers, servants and agents of the corporation, not otherwise provided for. Thirty-seventh — To tix the compensation of the city officers, and regulate the fees of all jurors, witnesses and others, for services rendered under this act or any ordinance. Thirty-eighth — To regulate the police of the city; to impose fines, for- feitures and penalties for the breach of any ordinance, and provide for the recovery and ajipropriating such tines aiurforfeitures, and the enforcement of such penalties. Thirty-ninth — To erect a workhouse and house of correction, and pro- vide for the regulation and government thereof. Fortieth — To create the office of port warden, and define the duties thereof; and to regulate and license all ferries within the limits of the city . Forty-first — To levy and collect a poll tax, not exceeding tifty cents, upon every free white male person over twenty-one years of age, who shall have resided six months within the city. Forty-second — d'o remove all obstructions from the sidew'alks, and to jirovide for the construction and repair of all sidew^alks and (nirbstones, and to provide for the consti-uction and repair of all sidewalks, and for the cleaning of the same, and of the gutters, at the expense of the owners of the ground fronting’ tliereon. Forty-third — To i)ri.*vent and restrain any riot, rout, noise, disturbance, or disorderly assmnlilages in any street, house or jilace in the city. Forty-fourth — To [ii’cvent and' remove all ema’oachments into and upon all streets, lanes, avemu's and alleys established by huv or ordinance. Forty-fifth — To (ixercise conq)lete and i)erfect control over the common, and all of the property belonging to the city, real or ])ersonal, whether lying within or beyond tlu; limits of the (M)i’])oi’ation cr('ated by this a(,‘t, and th(‘ sanu! to leas(*. s(‘ll, transfer and dispose of, (‘ither absolutely or with limitation, to any ])(*rson or })ersons w'hatscx'ver ; and g(m(*rally to make such rides, I’egnlations, by-laws and ordinances, for the purpose of maintaining th(‘, peace, good government and oi’der of the city of St. Louis, and the. trade, commerc(‘ and manufactures thereof, as 'the city council may (hxmi (cxixMlient, not I’ciiugnant to the constitution or laws of the State; and also to enfoi’ce the observance tlieriiof, by inllicting ])ena!ti(‘s upon an^’ inhabitant thereof, or othiu’ person or pei’sons, for the violation of any ordinance, not exci'cding live hundred dollars for any one ollense, recoverable with costs, in any action of debt, by and in the naqie of the city of St. Louis, for the use of the city, befon^ any court having cognizance of the same. Forty-sixtJi — To drain and k(*ep draim'd Cdiouteau’s pond, whenever they deem it best so to do for the general health. Sko. IL The city council shall have powi'r (snbject to the restriction in th(‘ last clan.se of the })r(‘cedlng section but oiu*) to mak(^ all ordinances which shall be n(*cessary and })ropei’ for cariwing into etfect the pow(U’S .q)ecitied in the [)receding si'ction, and all other {)owers vested by this act in the corporation, the city government, or any department or officer thereof. 96 AMENDED CITY CIIAETER. Sec. 4. No money sliull be exi)en(le(l, nor .shall any improvement be ordered, involviim- an exi)enditm-e of money, except by ordinance, the provisions of wliidi shall be specihe and detinite. Sec. 5. Every bill which shall have been passed by both branches of the city conncil, shall, before it becomes a law, be presented to the mayor for hi.s approbation. If he ap])r()ve the bill, he shall .sign it; if not,' he shall return it, with his objections, to the board in which it originated, which ol)jections shall be entered at large on the journal, and the bill be reconsidered. Sec. G. If, after such reconsideration, three-fifths of all the members elected to the board in which the bill originated shall agree to pass the same, it shall be sent, together with the objections of the mayor, to the other branch of the city council, by which it shall in like inanner be reconsidered, and if passed by three-fifths of all the members elected to that branch, it shall become a law. Sec. 7. In all such cases the vote of both branches shall betaken by yeas and nays, and entered on the journals of each branch, respectively. Sec. 8. If anj- bill .fiiall not be returned by the mayor in five days (Sundays excepted) after it shall have been presented to him for his approbation, the same shall become a law in the same manner as if he had approved and signed it. Sec. 9. Eveiy resolution to which the concurrence of both branches of the city council shall be necessary (except in ease of adjournment) shall be presf'uted to the mayor, and, before the same .'^hall take etfect, shall be proceeded upon in the same manner as in case of a bill. Sec. 10. The .‘^tyle of the ordinances of the city shall be: ‘‘Be it ordained by the city council of the city of St. Louis. • ’ Sec. 11. All ordinances passed by the city council shall, within five days after they become laws, be pulfiished iir two newspapers published in the city of St. Louis, which sliall be of difterent politics. Each board may cause a correct al)stract of its i)roceedings to be made out and pub- lished in at least two of Ihe newspai)ers of the city, of ditterent politics. This ab.stract shall pre.sent the sub.stance of all petitions, memorials, and remonstrances, of all motions and propositions, and of all bills, resolu- tions and orders, so as to exhi])it their nature and import, and shall also 2 )resent a brief and accurate statement of all i)roceedings in relation thereto. The communications of the mayor, and of other city ofiicers, sliall be published in full, in the pajiers xmblishing the jiroceedings of the boards, but the boards shall so order as not to incur the expense of i^ub- lishing the same documents a second time; whenever the publication herein provided for shall be ordered, the iniblication of the journals of proceedings in full shall be dis])(msed with. Sec. 12*7 vVll ordinances of the city maybe iiroven liy the seal of the coriioration, and, when jirinted and'imblished by authoVity of the cor- poration, the same shall be i-eceived in evidence iii all courts and places, without furtluu- proof. Sec. 18. The pre.sident of the board of aldermen shall ex(‘rcise the duties and receive the comiiensation of mayor, whenever, and so long as, fi-om any cause, said ofiice of mayor shall be vacant, or tin*, mayor Ik* absent from the city. ARTICLE IV. Executive and Ministerial Offices. Section 1. The chief executive ollicer of the city shall be the mayor, wdio shall be elected by the (pialiticd vot(‘rs of the city, and w ho shall hold his ofiice for the terni of one year, and until his successor is duly (dected and qualified. Sec. 2. No iierson shall lx* mayoi’ wdio, at the time of his ('lection, is not ])Ossess('d of the qualifications' r('([uir('d for an ahk'rman or d(*l('gat('. or who holds any lucrative ofiice imd(‘r the authoilty of the Ibdted States. Sec. 8. When two or more j)ers()ns shall hav(' an ('(jual numlx'i' of votes for the ofiice of mayor, the two branclu'S of the city council shall decide' the election by joint voUk AMENDED CITY CJIARTEE. 97 Skc. 4. AVlioiiever an election for mayor shall be contested, the two hranehes of the city eonneil shall determine the same by joint vote. Skc. 5. AVhenever any vacancy shall happen in the ollice of mayor, it shall be tilled by election in such manner as shall be provided lor by ordinance. Skc. G. The mayor may be removed from office for any misdemeanor, by a majority of two-thirds, on joint vote, of both branches of the city council. Skc. 7. The mayor shall have power to nominate, and, bj^ and with the consent of the board of aldermen, to appoint all city officers not ordered by this a(d to be otherwise appointed; also, to suspend, and, with the consent of the board of aldermen, to remove any city officer, except those elected by the people; he shall take care that the laws of the State and the ordinances of the city ai’e duly enforced, respected and observed within thecit}^; he may remit fines, "forfeitures and penalties accruing from, or imposed for, the violation of any ordinance of the city; he may till all vacancies which may occur in any elective office other than that of aider- man or delegate, until the same be tilled by election, and in any other office until the end of the session of the board of aldermen which shall next happen after the vacancy shall have occurred; he shall, from time to time, give to the city council information relative to the state of the city, and sliall recommend to tlieir consideration such measures as he shall deem expedient for the advantage of the city. Skc. 8 . Tlie mayor may call special sessions of the city council, or either board thereof, by proclamation. Skc. 0. Whenever a special session of the city council, or either board tliereof, sliall have been called by the mayor, he shall state to them, when assembled, the causi^ for which they have been convened. Skc. 10. There shall be a city register, city auditor, city treasurer, city inai-shal, city attorney, and city engineer, who, in aildition to the duties prescribed by this act", shall pertbrm such other (luties as may be prescribed by ordinance; there shall also be such other officers, servants and agents of the corporation, as may be provided by ordinance, to be appointed by the ma^mr, by and with the advice and consent of the board of aldermen, and to perform such duties as may be i)i‘escrib<*d by ordinance. Skc. 11. The city register, city auditor, city attorney, and city mar- shal, shall be elected by the qnalilied voters for the office of mayor, aider- men and delegates; and the city engineer and city treasurer shall be appointed by the mayor, by and with the advice and consent of the board of aldermen; they shall hold their office for one year, and until their successors are duly (pialiticd. Skc. 12. It shall be the duty of the city register to keep a recoi-d of all the official acts of the mayoi-, and, when necessary, to attest them; he shall keep and i)reserve in his office; the common sead of the city, aiul all records, i)ublic jeapci’S and documents of the city not properly belonging to any otlu'r office. Skc. 1:1. It shall be the duty of the city auditor to i)rescribe the mode of keeping, stating and rendering all accounts, unless otherwise provided by ordinance, between the city and any ])erson or body cor[)orate. Skc. 14. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the auditor. Skc. 15. The city marshal shall, within the city, in matters of a crimi- nal nature, arising under any law of the State, possess the same powers, perforin tin; same duties, alid receive the same compensation as either constable of St. Louis township; he shall execute and return all process issued by the mayor, recorder, any alderman or justice of the iieace, under this act, or any ordinance of the city. Skc. IG. It shall be the duty of the city engineer to siiix'rintend the construction of all public w'orks ordered by the city; to make out plans and estimates thereof, and to contract for liie execution of the same; and to peiTorm all surveying and cngineei'ing ordered by the city : Provided^ however^ Such plans and contracts shall be first approved by the two boards of the council, or they shall not be valid. 7 98 AMENDED CITY CHARTER. Sec. 17. The mayor and all other otiicers of the cori)oratioii shall reside within the limits of the city during their continnance in office ; and if the • mayor of the corporation shall cease to reside witliin the limits of the same, his office shall he thereby vacated. Sec. 18. There shall be a recorder, who shall be a resident of the city and shall possess the same qnalitications as the mayor, under the proH- sions of this act, Avho shall be elected at the same time the mayor and aldermen are elected, and shall hold his ollice two years, and until his successor is duly elected and cpialified; such recorder may be removed from office in the same manner as the inaj’or; he shall have the same jurisdiction as justices of the peace within the limits of the city, in all State cases; he shall have a jurisdiction over all cases arising under any ordinance of said city, subject, however, to an appeal, in all cases, to the St. Louis criminal court; and every such appeal shall be taken and granted in the same manner as appeals are taken from and granted hj justices of the peace to the criminal court, under the general law of the Slate. He shall charge, in all cases, the same fees which are now allowed justices of the peace for the same kind of services, which shall be charged and col- lected as other costs, and, when collected, paid into the city treasury. Sec. 19. The recorder shall make a semi-annual report of all fees charged for his services, which report shall be veritied by affidavit and returned to the mayor, who shall submit the same to the tirst meeting of the city council thereafter. Sec. 20. The recorder shall receive a salary not to exceed twelve hun- dred dollars per annum, to be fixed by ordinance, and paid out of the city treasury. ARTICLE V. Of Elections. Section 1. A general election for all the officers of the corporation, required to be elected by this act or any ordinance of the city, shall be holden on the tirst Monday of April in each year. Sec. 2. At all elections for city officers the voters shall vote by ballot, and only in the wards wherein they respectively reside. Sec. 8. Judges of election shall be appointed* by the board of aldermen; they shall take an oath to faithfully juid impartially discharge theii- duties; they shall open the polls at sunris*e and close thein at sunset, when they shall forthwith proceed to ascertain and certify the result of the electioir, in presence of so many of the candidates or other persons of all parties, indiscriminately, as can be conveniently accommodated in the room selected for that purpose: Provided., That there shall never be less than ten voters present at any count, if so many desire to be present. Sec. 4. No election shall be held in a grogshop, or other place where intoxicating liquors are vended . Sec. 5. All persons qualified as electors under the tenth section of the third article of the constitution of the State of 3Iissouri, who shall have resided six months within the city, and one month within the ward where they offer to vote, next preceding the election, shall be deemed (pialilied voters at all elections for city officers . Sec. 6 . Elections for city ollicers shall continue but one day, and during that day the polls shall not be closed under any pretense what- soever. Sec. 7. Special elections to till vacancies shall be held under such regu- lations as may be provided for by law or ordinance. ARTICLE VI. Of Opening and Improving Streets. Section 1. It shall not be lawful for the city council to grade, laive, macadamize, clean, water, oi* light any street, lan(> oraveniu', not estab- lished and opened according to law and oi-dinance. It shall be lawfnl. nevertheless, for the city council to order the owner or owners of ground AMENDED (MTV CIIAETEIi. 09 front iiig’ oil any private alley, to kec'.p the same clean, and, if necessary thereto, to direct him or them to pave the same. Skc. 2. Whenever the city council shall, liy ordinance, estalilish, open, widen or alter any street, 'lane, aveniu', aliey, wharf oi- imblic square, and it becomes necessary for that purpose to take private prop(*rty, and no at»'reenient can be made with the OAN iier thereof, the corporation shall make a just compensation therefor to the person ^vliose property is so taken, the amount whereof shall be ascertained as follows, to- wit: The mayor shall petition the circuit court of St. Louis county, in term time, or the judge thereof, in vacation, setting forth in his petition a jiarticular description of the jn-operty souglit to be condemned tor public use, and, as far as known, the name or names of the owners or claimants thereof, and stating for what purpose the said xirivate property is sought to be condemned, whether for establishing, opening, widening or altering a street, lane, avenue, alley, wiiarf or public square, and praying the court or judge to cause the damages to be assessed; on the presentation of which petition it shall be the duty of the court, in term time, or of the judge, in vacation, to cause the clerk to issue a precept to the sheritf, 'recj[uiring him to siiminon twelve disinterested freeholders of the city, who shall attend at the courthouse, at a time to be specitied in the precept, not less than live nor more tlian twenty days from the date thereof, and who shall be sworn diligently to inquire, and a true assess- ment to make, of the damages to be sutfered liy the owners of the property in question, and a true verdict to render, acl;ording to the law and the testimony. It shall be the duty of the mayor, at least three days before said petition is presented, to cause a notice, in writing, to be served on each of the owners (if known) of the jiroperty sought lo be condemned, stating the tinie and place at which said iietition shall be i)resented. If the owners, or any part of them, are not known to the mayor, he shall cause such notice to be published in at least three newspapers printed in the city of St. Louis, wiiich notice shall be pnlilished at least six days l)efore said petition is pi-esented. in vacation, it shall be thi* duty of saitl judge to attend at the time designated for said impK'st, together with the clerk of said court; and the judge shall i)reside at the same, and shall cause a record to be made of the said jn-oceedings. Either party may except to any ruling of the judge or court, as in ordiiiary trials, and nia}', in like manner, app(‘al from iris (lecisions to the sui)reme coui’t; continuances to a day not more than twenty days distant, oi' lU'w trials, may be grant(Ml ibr good cause, as in other actions, and the jn-oceedings, as n(*ar as maybe, shall confoi-ni to the ])roce(*(lings in ordinaiy suits. Judgment shall b(* entered against the city in favor of the several owners. resi)eclively, for tin; damages assessed by tluqpiry, ui)on which judgimait execution shall issue, as in other cases, at the end of ninety days from the date of the judgment; the otllcers of the couil shall be ent itled to the same fees as for lik(* services in other cases. Whenever judgment is renden'd, the city may proceed to tak(i i)Ossession of the land, and apj)roi)i‘iate tlu? same to the ])uri)OS(* mentioiu'd in the petition, without waiting for the termination of any ai)i)eal which may be taken. Sue. 3. In all cases of condemnation of pro])erty for public use, the mayor may allege, in his i)etition, that the pi-operty sought to be con- deniiKMl of right belongs to the city, and not to the claimant; and it* such allegation is made, tlum the court or judge shall tii-st i)roc(‘ed to tiy tin* (piestion of title between the city and the claimants; and if tbe title to all or any ])art of tin; land is decided to be in said claimant or claimants, fh(*n the jury shall assess the damages sustaiiu'd by the said claimant or claimants, as in oth(*r cases, to the extent to which they shall api)ear to be entitled by the tinding on the tirst issue. Hue. 4. VVhen the owners of the major i)art of the front of all tin* property on the street, lain;, avenue oi* all(*y iiroiiosed to be opened, widenecl or altered, shall petition therefor, tin* city council may provide, by ordinance, foi- the oiiening, widening or alteiang the same; but they may prescribe such conditions, to lie compli(*d with by the petitioners, as tin; council shall consider just and reasonabh*, and, if assented toby tin* petitioners, the mayor shall proceed as in other cases. 100 AMENDED CIT Y CHARTEE. Sec. 5. The mayor and city council shall have power, by orcliiiaiice, to levy and collect a special tax on the owners or occupiers "ot tlie lots on any strc'et, lane, or avenue, according to the respective fronts owned or occupied by them, for tlie purpose of grading or paving the sidewalks on such street, lane, or avenue: Provided^ The said special tax shall not exceed the cost of such grading or paving, according to the respective fronts as aforesaid: and Provided, farther, That no such improvement shall be ordered until the street in front of such improvement shall have first been planked, paved, or macadamized, in the center thereof. ARTICLE VII. Miscellaneous Provisions. Section 1. The city council shall, at least once a year, not more than thirty nor less than twenty days before the annual election, cause to be published in the newspapers einployed to do the city printing, a full state- ment of all the recei])ts and expeiiditnres of every description for the current fiscal year, including all the moneys which have jiassed through the hands of the controller or treasurer, for any imrpose whatever, together with the different sources of the city revenue, the amount 1 ‘eceived under each, the several appropriations made by the said city council, the objects for which the same were made, and the sums expended for each; also, a statement of all money borrowed upon the credit of the city, whether by temporary loans, or" by the issue of bonds, the terms upon wliicli they were olitained, the authority under which they were borrowed, and the purpose to which they were applied, and how much of the same, or other city indelitness, has been repaid, and by what means. The statement shall also include a detailed account of the* city property, existing debts of every description, with all such other information as may be necessary for a full understanding of the financial concerns of the city. Sec. 2. All ordinances and resoliitions now in force in the city of St. Louis, and not inconsistent with this act, shall remain in force until altered, modified, or repealed, under this act. Sec. 3. All suits, actions, and prosecutions, instituted, commenced or brought about by the corporation hereby created, shall be instituted, commenced and iirosecuted in the name of ‘ ‘The City of St. Louis. ’ ’ Sec. 4. x\ll actions, fines, penalties, and forfeitures, which have accrued to the city council of the city of St. Louis, or to the city of St. Louis, shall be vested in, and prosecuted for, by the corporation hereby cieated . Sec. 5. All property, real and personal, heretofore belono-ing to the inliabitants of tlie town of St. Louis, or to the trustees of said town in their corporate capacity, or to the mayor, aldermen and citizens of the city of St. Louis, or to the city council of the city of St. Imuis, or to the city of St. I.ouis, shall be, and the same is hereby declared to be, vested in the corporation hereby created. Sec. G. This charter "shall not invalidafe any act done by the mayor, aldermen, and citizens of the city of St. Louis, or the city council of the city of St. Louis, or the city of St. Louis, nor divest them of any right wliich may have accrued to them prior to the passage of this act. Sec. 7. The general assembly may, at any tune, alter, amend, or I’cpeal, this charter. Sec. 7. This act is declared to be a public act, and may be read in evi- dence in all courts of law and ecpiity in this State, without jiroof. Sec. b. The mayor of the city of St. Louis shall, immediately after tile passage of this act, take measures to promulgate this law within th(‘ limits of the city of St. Louis. Sec. 10. Tin; city of St. Louis shall have ])ower to erect and organize a workhouse in St. Louis county; any iierson who shall fail or neglect to ]tay any tine or costs imposed on him by any ordinance of the city of St. laiuis.'for any misdeiiKauior or breach of any ordinance of said city, shall, instead of being committed to the Jail of the county, be committed to the workhouse until such line and costs be fully paid: 'Provided, hoivcver, That a]\u^:ni)E1) city ciiahteh. lOi no suoli inipris;()iiiuciit sliall oxoeod tbo period of six months tor any one oltense. Sec. n. Every i)erson so committed to the workhouse shall he r(*(|nii-ed to work for the (*ity at such labor as his health and strenedh will i)ej‘mit. within or without said workhouse, not exeeedin.ijc ten hours each day. and for sneh work and lal)or the person so employed shall Ix^ allowed, 'exclu- sive of his hoard, tifty (;ents per day for each day's work, which amount shall «•() towards ])ayin<»’ such tine and costs. Sec. T2 The inh;d)itauts of St. Lonis ai-e hereby exempt('d from work- ing- upon any road beyond the limits of the city, and from paying- any tax to i)rocure laborers to work upon the same. Sec. 13. The city shall not, at any time, become a subscriber for any stock in any corporation. Sec. 14. The city council shall have power, by ordinance, to provide for borrowing money for the following objects: First — To complete the sewer on Biddle street, from Xinth street to the river. Second — To build sewers on Po])lar street, from Tenth street to the river; on Thii-teeiith street, from Washington avenue to Poplar street; and on Seventh street, from Olive street to Biddle street. Third — To complete the town hall, and to pnrchase ground for and erect all public buildings necessary for the use of the corporation; and also to purchase wharves and public grounds, and to impi-ove and keep the same in repair. Fourth — To erect a new reservoir, and to extend and complete the waterworks . Fifth — To complete the works necessary for the improvement of the harbor, and to impi-ove unimproved streets. Sixth — To erect a house of refuge and correction for juvenile olfenders: Provided^ however^ That ev(!ry ordinanc(i for bori-owing money shall si)ecify the amount to be borrow'ed, and the obj(*ct to which it is to b(‘ ap[)lied, and shall have been passed by two-thirds of the memb(U-s elect of either board voting for the same: ami. Provided^ farther^ 4'hat no such ordinance shall be in force until the same shall have becni submitted to the (pialilied voters of the city for their approval, at a spi'cial (‘lection to be held for that pur- pose only, and shall have been approved by the majority (A the votes giv(‘n at said election. Seventh — To i)ay judgments against the city when there is otherwise no money in the treas'ury'to niecit the sanu^; and, in case of mom'y borrowed for this pni-i)os(‘, the same may be done njx)!! a vot(‘ of two-thii-ds of tlu' council, without submitting the same to the ([iialilied voters of the city. Sec. 15. Tin; fiscal y(‘ar of the city shall terminate on the day preceding the se.cond Monday of April in each year. Sec. 1G. There shall be a dig(\st of the ordinances of tlu* city, which are of a general nature, juiblished within six months after th(‘ i)assage ol this a(;t, and a like digest within every ])eriod of three! yeai-s thereafter. Sec. 17. Whenever any reveiuu! or other city otlicer, acconntabh' as such for money received or rec(‘ivable by him, shall n(‘gl(‘ct or r(*fuse to l)ay into the treasury of the city the sum or balance reported by the auditor to be due from him to to the city upon the adjustment of his account, tin' mayor shall order suit to be commenced, in the proper court, against such delimpient ollicjer for such sum or balancx!, adding thei-(‘to tlu! commis- sions of the delimpient, which shall be forfeited in every instance whei-e suit is commenced and judgm(*nt obtained ther(‘on, and an interest of six per cent. ])er annum trom the time, of receiving the money, or when it shall have been received, until it shall be paid into tin* tr(*asnry. Sec. 18. In ev(!ry case of delimpu'iicy, wlu^re suit has bemi or shall lie instituted, a transcript from the books of the anditoi-, certitii'd by him, shall be admitted as eviik'iice, and the courts trying the cause may gi-ant judgment and award (‘xi'cntion accordingly. Sec. 11 ). When suit shall be instituted against any delim[nent, as afore- said, the eonrt where the same maybe iH'iiding shall grant judgment at the return term, upon motion, unless the detendant shall, in o[)en court (the city attorney being pre.seut), make oatli or atlirmalion that ho. is 102 AMENDED CITY ClIAETER. (‘iitilled to (Tcdits ^\]ii(.‘]l had been, previous to tlie coniineiiceiiieiit of tlio >uit, siil)inilted to tlie eoiisidenitioii of the auditor and rejected, specifying each particular item so rejected, in the alhdavit, and tlnit he cannot then safely come to tiial ; oath or altirmation to this etlect being made, sub- scrilied and tiled, if the court ])e thereui)on satistied, a continuance until tlie next succeeding term may be granted, but not otherwise. Se(x 20. In suits, such as atbresaid, no claim for a credit shall be admitted u])on trial but such as shall appear to have been ])resented to the auditor for his examination, and by him disallowed in whole or in part, unless it be ])roved to the satisfaction of the court that the defendant is, at the time of the trial, in possession of vouchers not before in his power to })rocure, and that he was jerevented from exhibiting a claim for such credit to the auditor by some unavoidalde accident. Sec. 21, One-half, at least, of the revenue of each year shall be appro- priated to defraying the back and current interest on the debt owing by tlm city, created l)y way of loans to her, the erection of waterworks, and lighting of the city conjointly ; a separate account shall be kept of such appropriation and the disbursements thereof, and if any such appropria- tions shall be diverted from the appropriate objects, each menil)er of the council voting for such misappropriation, and the mayor apin-oving any bill or resolution making such misappropriation, shall be liable to the city in his individual estate to the amount of such misappropriation; Provided, however, Any excess at the end of any tiscal year, remaining after the ('xpenses attendant on those o])jects are liquidated and paid, sirall consti- tute a sinking fund foj* the discharge of the debt or debts of the city made by way of loans to her, and may be so appropriated; and if any appro- [)'riation be made in other respe(;ts contrary to this act, each member of the city council voting for such appropriation, and the mayor approving any bill or resolution making such appropriation, shall be liable to the city in his individual estate to the amount of such appropriation: Provided, however. Any excess, remaining after all legal approj)riations for one year, shall constitute a sinking fund for the discharge of the debt of the city made by loans to her, ami may l)e so a])propriated. 8ec. 22. *A separate account shall be kept of the revenue applicable to the ditferent ol)jects in this act indicated, and of the disbursements on account of each. Sec. 28. At each session of the city council, stated or special, and on the lirst day thereof, the auditor and treasurer, under such penalty as may be pia'scribed by ordinance for neglect thereof, shall lay Ijefore each board of the council and the mayor, a "statement showing the amount of income derived from the revenue of the preceding fis(‘al year, and the appi-opriaiions for the dillercmt o])jects to Mdiich the revenue is applicable during the then current liscal year, certified by them jointly. Sec. 24. No warrant, bill, or note, shall be issued b.y the city to any creditor of the city, for less than one thousand dollars, or the entire amount due by the city to such creditor, if the same lie less than such sum, or the balance reinaining due to such creditor, after the issue to him of such thousand dollar seem-ities. Sec. 25. All acts and parts of acts contrary to, and inconsistent with, tin* iirovisions of this act, or within the ])U,rview thereof, except the seven- teenth section of the act entitled ‘‘‘An act to amend an act to incorporate the city of St. Louis,” approved Felnaiary 8, 1889, are hereby rejiealed. Sec.' 20. The present city council shall exercise all the powers and functions vested in the council under this act, until superseded under the sannq and they shall, as soon as jiracticable, after the ])assage of this act, liroceed to take an enumeration of the free white male inhabitants of the city, and to divide the city into wards, as iirescribed by the same, and pi'ovide for eh'ctions, conformable to the saim*: Provided, hov)ever, d'lu' r(‘xt eh*(*tion of ald(‘rm(*n and deli'gates shall not take* plae(' till afli'r such (numeration and ai)portionni(‘nt, but shall as soon lhei*('aft(‘r as can be, whi(;b shall lx; pr(‘scrlbed by ordinance, and be, at least, within six months from the })assag(' of this act. Sec. 27. Tin* s(‘cond, third, foui’th, seventh and eighth sections of an act entitled ’‘.Vii act for the iniprovemeul of the harbor opposite to St . AMENDED CITY CirAIlTER. 103 Eonis,*' Mi)provo(l INI arcl' Ti, 1810, aro luM-(‘l)y rc'pealed, and tlie ])ond.s alivadv issued under aulhority of tlie said act shall eonstitute a i)oi-tiou of the debt of tlie city of St. Taniis. (The elfeet of this amendment is to make the loan for' improvement of har])or, opposite tlie south part of the city, oliaro'eahle to the general harbor loan.) Sec. 28. The city marshal, and his deputies, and all police otlicers of the city, shall have power to make arrests at any place within the county of St. ijouis. Sec. 20. The county court of the county of St. Louis shall, annually, le\y and collect a special tax of not exceeding one-twentieth of one per (jeiilnm on the appraised value of all property within the township of St. Louis, and outside of the limits of the city, and shall pay the proceeds of the said tax, as soon as collected, into the treasury of tiie city; and the said proceeds shall be specially set apart and appropriated to the mainte- nance of a township police, to be appointed in the same maimer, and to be subject to the same rules and regulations, as the cit}^ police, but to be statioi'ied and employed outside of the limits of the city, and within the said township, for the better security of the inhabitants thereof: Provided^ howeoei\ That no such tax be levied niitil the provisions of this section are ratilied by a majority of the votes cast by the (qualified voters of that part of the township subject to the tax, at an election to be held for that purpose, under an order of the county court; and if so ratified, then the jurisdiction of the city is hereby extended over the township for police purposes, and all persons arrested therein may be tried and punished, or committed, as in cases of arrest within the city proper. Sec. 30. The city coniicir shall have ])ower to cause property, upon which general or special taxes, levied by the city, remain unpaid after the expiration of the time fixed by ordinance, to be sold, and to direct the maimer and conditions niider which property sold for taxes may be redeemed. Sec. 31. All lands and lots of ground shall be assessed for taxation at their actual cash value ; and all houses and other improvements shall be assessed and taxed witli the ground on which they stand. Sec. 32. The seventeenth section of the seventh article of the “Act to incoi-porate the city of St. Louis,” approved Eebruary loth, 1841, is hereby repealed. Sec. 33. This act shall not be so construed as to repeal or impair the force of the provisions of an act, entitled “An act supplemental to the several acts to iiicoriiorate the city of St. Louis, and to continue in force the law, known as tlie new limit law, as it now exists,” passed at the session of the general assmnbly. • This act to be in force from its ])assage. N. W. WATKINS, Speaker of the House of liepresentatives . THUS. L. PRICE, President of the Senate. Approved, March 3, 1851. AUSTIN A. KING. MISSOURI: Office of Secretary of State, 1 City of Jefferson, j I, Ephraim B. Ewing, Secridary of State, do certify, that the foregoing act of the general assembly of tlu! State of iNllssoiiri, entitled '•'•An act to reduce the law iiicorporafiiig the city of St. Louis, and the several acts amendatory thereof, into one act, and to aniPiid the same,” approved -March 3, 1851, is a true and perfect copy ^'f tic* original roll on tih', in this ollici*. In testimony whereof, I have hereunto set my hand and atlixed the r- „ 1 seal of said ollice, at the city of Jetferson, this eleventh day of March, A. 1). 1851. EPHRAIM B. EWING, Secretary of State. AMENDED CITY CHARTER AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO REDUCE THE LAW INCORPORATING THE CITY OP Sr. LOUIS, AND THE SEVERAL ACTS AMENDATORY THEREOF, INTO ONE ACT, AND TO AMEND THE SAME,” APPROVED MARCH 3, 1851. Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1. Tlie first section of the third article of the act to whicii this is amendatory is hereby repealed, and the following- enactment shall take the place of said section, and have full force and aiithorit,y as part of the charter of the city of St. Louis, to- wit: The appropriations of the city council for pajunent of interest, for improvement, and for city expenses, except tlie proceeds of loans made in conformity to law for specific purposes, shall not exceed, during; nuy one fiscal year, the income of said fiscal year. The revenue received from ’wharfage (deducting- expenses of collecting the same, and other incidental expenses attendant thereon) shall he applied and appropriated exclusively to the improve- ment of the wharf, until the same be completed; and the harbor tax, and all other special taxes, shall be applied, respectively, to the objects to wdiich they are applicable by law: Provided, however,, That, next jifter the special appropriations above named, a sum sufficient to pay the accruing interest on the city debt shall be set apart and approju-iated for that purpose before any appropriation for any other object is made, and from the sum so appropriated no deduction or transfer sliall be made under any pretense whatever: Provided, further. That the council may issue new bonds for the purpose of paying bonds matured, and ajiply the proceeds to the payment of bonds so Yalling due, or may appropriate the surplus revenues of each year to the payment of such bonds, or the creation of a sinking fund for that purpose. 8ec. 2. The whole of the sixth article of the said amended charter shall be, and the same is hereby repealed, and the following shall be, and is hereby enacted and established as the law for opening- and improving streets iii the city of St. Louis, and shall be substituted for, and take the place of, said sixth article in the act referred to in the heading of this act, and of -which this is amendatory, viz: Article vi. Of opening and imj)rov- ing streets. Section 1. It shall not be huvful for the city council to grade, pave, macadamize, clean, water, or light any street, lane, av(Miue, or wharf, not established and opened according to law and ordinance. It shall, nevertheless, be lawTul for the city council to order the owner or owners of ground fronting on any private alley to keep the same clean, and, if necessary thereto, to direct him or them to pave the same. Sec. 2. Whenever the city council shall provide, by ordinance, for estaldishing, opening, widening, or altering any street, lane, avenue, alley, wharf, or public square, and it becomes" necessary for that jiurpose to tak(‘ private proiierty, and no agi-eement can be made with the owner or owners thereof,'just compensation shall be made therefor to tlu^ i)erson or ])ei-sons whose propin-ty is so taken, which the mayor shall cause to be ascertained by a jury of twidve disinterest(*d freeholdei-s of tlu^ city, the particulars of wh'ose proceeding shall be prescribed by ordinance. Sec. ih AMENDED CITY CIIARTEIl. 105 The mayor sliall appoint ;i day for impaiineliii<>’ a jury and a.scei’lain- ino- tlu* damaijfos, at least sixty days’ notica* of which shail he ^iven to tlio l)ersons whose proi)erty is pi-o])osed to he taken; and if any of Ihe owinn-s thereof are unknown, can not he found h}' the marshal of the city, or are absent from the city, (and tlie return of the marshal shall he’ con- clusive as to tli(! facts tlierein stated,) ])uhlication thereof shall he made in at least two of the city daily neAVS[)a[)ers, for at least four Aveeks before the day appointed, notifying all owners and others interested in the l)roperfy proi)Osed to he taken, and in the improvements to be made, that, on the day therein named, the mayor will cause the property therein described to be condemned for public use, as an alley, street, lane, avenue, wharf, or square, as the case may be, and damages to l)e assessed therefor as herein provided; and such notice, by publication, as aforesaid, shall be binding upon all persons whatsoever having any inter- est in any proi)erty that may be chargetl b}" the verdict of the jury with the payinent of any portion of the damages in consideration of benelits to be (lerived by them. Sec. 4. It shall be the duty of the jury, lirst, to ascertain the actual value of the lapd proposed to be takeii for the opening, widening, or altering of a lane, alley, street, avenue, wharf, or public square, without reference to the proposed improvement; then, for the payment of such sum, to assess against the city the value to the public generally of the proposed imi)rovenient, and to assess the balance against the owner or owners of the i)roperty fronting on such lane, alley, street, avenue, wharf, or square, and in the blocks next adjacent, on enther side or end thereof, according to the value of tlie property so assessed, and in the proi)ortion that the ownei-s thereof may be res])ectively benetited by the pi'oposed improvement; and the snm or sums to be ])aid by the owner or owners of property res])ectively benelited l)y the improvements, as ascertained by the jmy, shall be a lien or liei’is upon the j)r<)])(n-ty so charged, and’ shall b(^ collected as i)rovided by ordinance. 4'he verdict shall be signed by each juror and d(*livered to the mayor. Sec. 5. 'fhe mayor shall have power,' for good cause shown, within ten days afhT any inquest shall have been rciturned to him, to scity, Avhich, together Avith the money, notes, and railroad stock above mentioned, shall constitute a lierpetual and irrevocable sinking tund for the payment of the city debt. Tlie city controller shall, as soon as said fund commissioner is ap- pointed," and has executed bond for the faithful performance of his duties, deliver to said commissioner all the notes on hand, arising from the sale of the city stores and the sale of commons, AAdiich belong to said sinking fund; he’ shall also giA’e to said commissioner an order on the treasurer for the money arising from said sales belonging to said sinking fund and noAV in the treasury, and shall take the receipt of the commissioner for said money and notes; and all other money hereafter derived from sale of the commons, and such other lauds as may be sold by the city and belonging to said sinking fund, shall be i)aid and deliATrkl to the" com- missioner Avithout dehi}^. Sec. 3. The monej^ and notes received by the commissioner from cA'ery source shall, as soon as received, be dei)osited at such bank, banking- house, or savings institution, as the mayor and commissioner may agree upon: Provided, however, That no baiik, banking-house, or savings insti- tution, shall be entrusted Avith such sinking fund until the i)resident or l)rincii)al thereof shall Inue executed in favor of the city of St. Louis a bond for one hundred thousand dollars, Avith such iudividual security as shall be satisfactory to the mayor, conditioned for the safe keeping and for the prompt ijayment of said sinking fund, or any i)art thereof, Avhenever the same may be demanded by said fund commissioner; Avhich dei)osit shall l)e to tin* special credit of the city, to l)e draAvn out ouly upon the cheek of the commissioner, made payable to the order of the mayor, and indorsc'd by him; and intei’est at the rate of four j)(“r centum per annum shall be re(iuired and accounted for, for all deposits made in bank or banking establishment by said commissioner; and said fund commissioner shall, at all times, keep tin; mayor fidly advised of his transactions as fuml commissioner, and the mayor and the chairmen of the committees of Asaiys and means of the resi)ective boards of the city council shall constitute a committee to examine, (luai’terly, the books, accounts and vouchers of the fund commissionei’, and mak(‘ a I’cpori thereon, to be tiled in the controller’s otliee. The fund commissioner shall also make a semi-annual rei)oi’t to the city council, in the months of January and July of (‘ach y(air, giving a detaiUal account of tlu; condition "of the siidiing fund, and of Ids transactions as fund commis- sioner. Sec. 4. The fund commissioner, as fast as money comes into his hands in suitable amounts, shall invest the same in bonds of the city, and AAdien ])urchased, they shall be cancelled in the i)resence of tin* mayor and controller, togadliei’ Avith all coupons having mor(‘ than ttui years to run from the date of the purchase; and the fund commissioner shall have cr(‘dit for the bonds so canccdled; but all coupons attaclual to th(* bonds so i)ui’ehased, falling due Avithin ten years from the dat(“ of the purchase, shall be cut otf and retained by the comnnssioner and eollected b.y him at maturity, as other coupons, and the [)roceeds added to said sinking tund; and on failure to pa}" said cou[)ons, said commissionei- may cause them to be protested, and "enforce their collection against the city in his oAvn name, as though they Avi'ri; his individual property, and lie shall stand charged Avith tlic coupons so retained. Sec. 5. As soon as the respective railroads, in Avhich the city has taken no TO rPvEVENT lUOTS, ETC. stock, arc completed, lie shall give, in his semi-aiiiiual report to the city council, such general infoiination as he may x)ossess about the value of the stock in the respective roads, and the city council may at anytime, by ordinance, direct the stock held in any of said roads to he sold, and and the proceeds invested in the purchase or redemption of city bonds; and all dividends derived from any road, over and above the interest due on the bonds issued in payment for the railroad stock for the current year, shall be added to the sinking fund. Sec. (). The fund commissioner shall give bond to tlie city in the suiii of one hundred thousand dollars, conditioned for the faithful performance of his duties, with good and sufficient security, to he approved by the mayor; and no person shall be eligible for the office of commissioner who is not a citizen of the United States, and who has not resided in the city or county of St. Louis at least seven years previous to the date of Ins appointinent; and such commissioner may, at any time after notice given, be removed for cause, by a vote of two-tliirds of the board of aldermen, the cause of removal to be spread upon the record of their proceedings. In ease of the death, removal or resignation of the commissioner, the mayor shall till the vacancy by an appointment for the remainder ot the* term . Sec. 7. Any fund commissioner who shall appropriate to his own use any money, bonds, notes, or other securities, in his hands, belonging to the city, or who Shall refuse to deliver the same to his successor in office, or to any person entitled to receive the same, shall be deemed guilty of embezzlement. Sec. 8. The city council shall, by ordinance, provide for the compen- sation of the fund commissioner, and the necessary expenses of the office. Sec. 0. So much of an act entitled '■ ‘An act to amend an act to reduce the law incor])orating the city of St. Louis, and the several acts amenda- toi-y thereof, into one act, and to amend the same, • ’ approved, P'ebruary twcnity -third, eighteen hundred and tifty-three, as contlicts Avith the foregoing, be, and the same is hereby, repealed. This act shall take effect and be in force from and after its passage. ApproA-ed, March 5, 1855. AN ACT TO PREVENT RIOTS AND BREACHES OF THE PEACE. Be it enacted hy the General Assembly of the State of Misso^iri, as follows : Section 1. If tAVO or more persons shall, A’ohmtarily, or by agree- ment, engage in any light, or use any bloAVS or violence toAvard each other, in an angry or quarrelsome manner, or do each other any Avillful mischief; or if any person shall assault another and strike him, in any puldic place, to the terror or disturbance of others, the ])erson or persons so offending shall be deemed guilty of an affray, and, on conviction, shall be pnnished by being imprisoned in the county jail for a term not exceeding three months, or by line not exceeding one hnndred dollars, or by both such line and imprisonment. Sec. 2. If three or more ])ersons shall assemble together Avith the intent, or, being assembled, shall agree mutually to assist one another to do any unhiAvful act Avith force or violence against the person or ])roperty of another, or against the peace, oi‘ to the terror of the ])eople, sncli persons so assem!)liug, or each of them, shall be deemed guilty of an unhiAvful assemblj'', and, on conviction thereof, shall be j)unished by imin-isonment in the county jail loi- a term not exceeding six months, or by tine not exceeding live hundred dollars, or by both such line and imprisonment. Sec. 8. If three or more ])ersons, l)eing jissembled, as meiitiom'd in the second section of tliis act, shall ])roceed to carry out or accomi)Iish their purposes, or do any unlawful act in furtherance or supposetl further- TO rilKVENT luo^rs, ET(J. Ill aiiee of snid purposos, in a violent, unlawful or tunuiltuous manner, to the terror or dii^turbanee i)eae(‘ful eiti/ems, eveiy person so ollendin;*-, or who shall aid or assist in doin<>- any unlawful act, shall he deemed o-uilty of a riot, and, bein^- convicted thereof, shall be punished by imprisonment in the iienitentiary of the State of Missouri for a p(*riod not exceeding- live years, or by a tiiie not exceeding’ two thousand dollars, or b}^ both such line and iinprisonmeiit: Provided^ That nothing- in this section contained shall lie construed to exempt any person offending against its provisions from any higher or heavier punishments annexed by law to any felony which may bt^ committed by such rioters. Sec. 4. Anj^ individual engaged in such riot may be indicted and pun- ished singly. Sec. 5. If twelve or more persons, armed with clubs, stones, or other dangerous weapons, or if any number of armed or unarmed per- sons, exceeding twenty, shall unlawfully, riotously or tumultuously, assemble in any city or town within this State, it shall be the duty of the mayor and each member of the board of aldermen, and each member of the board of delegates, or other legislative coniicil of such municipalit}^ and of the sheriff, coroner and marshal, and their respective deputies, of the county in wiiich such towm or city is situate, and of each justice of tlie peace, including evei-}^ person wiio is, by \irtue of his otlice, a conservator of the peace of the State, to go among such persons so assembled, or as near to them as may be con- sistent with safety, and to command all such persons so assembled to dis- perse immediatel 3 ^ and repair to their res])ective places of business or abode; and if such command be not fortlnvith obeyed, to proceed to arrest all persons so refusing or failing to obey such command, and to command all bvstanders or spectarors to aid and assist in makintr such arrests. Sec. G. Every person so commanded to assist in making such arrest, and failing or refusing to assist as rcrpiinal, and every i)erson who shall fail to disperse forthwith on ])eing commanded as aforesaid, shall be deemed to be one of tlie unlawful assembly, and, on conviction tliereof, shall be punished by a line not (exceeding live hundred dollai-s, or imprisonment for a term not exceeding one year, or by both such line and imi)risonment. Sec. 7. Should the persons so assembled, as described in the fifth section, make a noise and clamor, so that the voice of the ollicei- com- manding them to dispersii cannot be heai-d or distinguished, all jicrsons so clamoi-ous, and all ])ersons standing with, by or among such iiersons, shall be deemed to havi* full notice of command to disperse, and shall, on failure to do so forthwith, l)e punishable as for a w illful refusal to obey such command. Sec. 8. Any magistrate or otlicer, mentioned in section live of this act, who shidl be informed or have notice of such riotous assemblag(‘, and who shall refuse or neglect to perform the duties enforced on him by said lifth section in that behalf, shall be, on conviction, adjudged guilty of a misdemeanor in otlice, and punished by a line not exceeding live hundred dollars. Sec. 9. Tf the iiersons assembled, as indicah'd in the fifth section of this act, shall fail to disperse without umu'cessary delay, the followdiig magis- tratiis shall each, in the order in wdilch the,y are hereinafter named, have pow'cr and authority to reipiire the aid of a sutliclent number of person's in ai-ms or otherwise, and to prof'ced as they may deem (‘xpedient, and to repress and disiicrse such riotous assemblage and ari-est olhniders; that is to say, the duty of reipiiring the aid of such force, and directing its employment, shall devolve in the lirst instance on the mayor of the towm or city in which such assmnblage occurs, and if he be not prescmt or not able to act, then on the judge of any coin-t of record, the sheriff, the marshal, the coroner, or any tw o justices of tlu* peace. In (*ase of the absence of any of th(! ollicers mentioned in this section, the otlicer named after him therein, shall hav(‘ all the power and authority which such absentee would havi; had if iiresent. tsEC. 10. Such force, armed or unarmed, summoned as provided in the preceding section, anti all persons co-operating with them, shall obey 112 TO rilEVENT IIIOTS, ETC. siutli oi-ders for tlio suppression of snch riot as tliey may receive from the magistrates, or any of them to whom authority* to recpiire their aid is ^iveii lyv the ninth section of this act. Sec. 11. If, by reason of the efforts made by any of sncli magistrates and officers, or persons co-operating with them, to suppress sncli riotous assendily or arrest those engaged in the same, any person so engaged in snch riotous assembly, or giving aid or countenance thereto, or who niaj' have refused to disjierse, (althongh the nnniber of snch persons may be reduced to less than twelve, ) or any person or jiersons present as spectators or otherwise, be killed, wounded, or otherwise hurt, snch magistrates and ollicers, and all persons acting with them by order of snch magistrates or officers, as defined in said ninth section, shall be held guiltless and justified inhuv; but if any snch magistrate, officer, or person acting under their orders or directions, or co-operating ivith them, be killed or ivonnded ])y reason of resistance to snch efforts to disperse and repress snch riotous assemblage, all persons so riotously assembled, and not dispersing after command, and all persons standing by and not aiding to disperse and repress snch riotous assemblage, shall be answerable therefor as for ivillfnl and deliberate felony or misdemeanor, according as the injuries committed be homicide, mayhem, or any less injury. Sec. T2. All persons forming part of an imhnvfnl and riotous assem- blage shall be liable to any damaged person or property by the acts of such nnlawTnl assemblage. Sec. 18. The city or town in which snch trespasses may be committed shall be liable to pay the person whose property shall* be injured or destroyed thereby' , three-fourths of the value thereof, or the damage thereto: Provided, Snch person shall have diligently sought to prosecute, without being able to do so, the ])arties gnilt\" of and liable for such trespasses, as provided by the tAvelfth section of this act. Sec. 14. Any city or town paying snch damages to the party injured by such riotous asseml)lage, may recover the same with ten per centum atlded thereto, besides interests and costs, of any person or i)ersons en- gaged as a participant in snch riotous assemblage, by action of debt or a civil suit analagons thereto, at any time thereafter. Sec. 15. No town or city shall be liable, under the provisions of the thirteenth section of this act, for the damage or destruction of pi-operty of the following descriptions: First, property contained in any building or place, the occupant of wdiich is carrying on business tlieie, or engaged in a calling or avocation in violation of any law of Missouri or the United States, or ordinance of the town or city in wdiich such property may be; second,, property contained in any shop, house, place, or building', whereat either distilled or fermented liipiors are sold or given in any quantity less than live gallons; third, all fixtures and furniture iii such shops, iiouses, jilaces, or liuildings, mentioned in the second subdivision, and the shops, houses, places or buildings themselves; fourth, all money, bullion and jewelry, and olijects of art, wherever found; ///M, all lU'op- erty, of w hatever description, belonging to a person w ho may have been in any w'ay contributory to, or instrumeiital in, bringing on such riotous assemblage. Sec. l(i. No person having such a demand or claim against a town or city, as is mentioiKMl and provided for in section thii'teeuth, shall be allowed to assign or transfer the same at any time before the return day of the <*xecution issued u])oii a judgment obtained therefor; and any attempt to assign or transfer the 'sani(>, or any part tlu'reof, shall be and shall operate as a satisfaction and discharge of such (Uanand or claim, so far as anj' recourse against a town or city, uiuU'r section thirteen of this act. is conceriH'd, but not as against any ])erson comj)osing the riotous assemblage committing the trespass. Sec. 17. Any mayor or chief magistrate of any town or city, being appi'ehensive of a riot oi* riotous assend)lage within such town or city, may, by proclamation, recpiire all minors to k('ep within doors for anv length *of tinu^ not (‘xceeding tbr(‘e days, during that jaa-iod of (‘ach astronomical day of twenty-four hours w hich int(‘rVen('s ladwemi th(‘ end of one hour after suns(*t aiid the Ix'ginning of one hour before sunrise; HOUSE OF REFUGE. 113 and all minors ollendino- ao’ainst such proclamation may be forthwith ai-rested, and, on conviction, may be imprisoned in the house of correc- tion of such city, or other safe place of continenient, to be prescribed by ordinance of siich city, for a period not exceeding thirty days. Sec. 18. The mayor or chief magistrate of any town or city in this State may, by proclamation, cause all drinking shops, bars, and other l)laces where intoxicating liquors or drinks are customarily sold, given or disi)ensed, to be closed for any period of time not exceeding thirty-six hours, upon any election for officers of the city, town. State, county, or of the United States; and may also, by proclamation, forbid all persons to sell, give, lend, barter, or otherwise dispense or distribute intoxicating drinks or liiiuors, during the same period of time, within such town of city , or within one mile of its corporate limits , and any person disobeying such proclamation, and each and every person aiding, abetting or co- operating with him, shall be immediately arrested and proceeded against by indictment, and, on conviction, shall be punished by imprisonment in the county jail for a time not exceeding one year, or by fine not exceed- ing five hundred dollars, or by both such fine and imprisonment. !Sec. 19. The legislative bodies of any incorporated town or city within this State may, by ordinance, direct the mode of proceeding" against minors for a violation of section seventeenth of this act, and may vary tlie punishment, so that they do not affix to the simple offence of disobeying said seventeenth section, a greater punishment than a line not exi^eeding one hundred dollars, or an imprisonment in the house of correction of such city not exceeding six weeks, or by both such fine and imprisonment . Sec. 20. An act entitled “An act to prevent riots and mobs within incorporated cities of the State of Missouri,” approved February 21, 1853, is hereby repealed. Sec. 21. This act shall take effect from and after its passage. Sec. 22. The provisions of this act shall only api)ly to, and be in force in the, county of St. Louis. Approved, March 5, 1855. AN ACT TO ESTABLISH A HOUSE OF REFUGE IN ST. LOUIS COUNTY. Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1. The city council of the city of St. Louis is hereby author- ized and directed to erect upon the following described lot of ground or ])arcel of land, to-wit: Block numbered eighty (80) of the common of St. Louis, according to the survey and plat thereof, made by Charles 1). Ward, such buildings and inqn-ovements, in addition to those now on .said land, as may be suitalde for a hou.se of refuge for the continenient and reform of juvenile offenders. Sec. 2. The county court of St. Louis county is hereby authorized and directed to appropriate toward said buildings aiul improviMueiits the sum of twenty thousand dollars. Sec. 3. All males under sixteim, and females under fourteen, years of age, who shall, under existing laws of the State of Missouri, or ordinance of the city of St. Louis, or such as may hereafter be enacted or passed, be liable to confinement in the workhou.se of St. Louis city, the county jail of St. Isolds county, or the penitentiary of the State of Missouri, may, at the discretion of tlie court or magistrate giving .sentence, be placed in the .said house of refuge, and when .so iilaceil, shall be, until reaching the age of twenty-one years, under the exclusive control of the managers of said house of refuge according to the regulations hereinafter provided; but if the impri.sonment or confinement to which such minor would be liable be only provisional, in oi-der to bring such minor to trial for a suppo.sed offen.se, or to .secure his or her attendance as a witness in a criminal cause, in every such case such minor .shall be sent to said house of refuge, and the authority of said board over such minor, arising from such order of 8 114 HOUSE OF KEFUGE. coinniitiiieiit, shall cease upon the oceuri-iiig of the event in respect of which it was made. Sec. 4. The keeping’ and expenses of all prisoners committed to said house of refuge, by order of any court of St. Louis county, shall be paid for by the county, according to the rates fixed in the regulations adopted for said house, as hereinafter provided. Sec. 5. Aii}^ parent or guardian having legal power to apprentice any male child or ward under the age of sixteen years, or female child or war'd under the age of fourteen years, who shall, in writing, by him or her signed, represent to the boaVd of managers of said house of refuge, that such child or ward is a proper and fit subject for admission into said house of refuge, stating the particular facts which constitute such fitness, and petitioning said managers to take charge of such child or ward, may be examined in relation thereto by said board of managers, who are author- ized to receive all such children or wards at their discretion. The expenses of such child or ward shall be, before such reception, secured, to be paid by the parent or guardian , unless in case where the managers , for good cause, shall otherwise determine; and in all cases where such payment is ordered to be made by such parent or guardian, it shall be according to rates fixed in general regulations hereinafter provided for. Sec. 6. In the case of every minor committed to, or received in, said house of refuge, such minor shall, until reaching the full age of twenty- one years, be under the entire control of the managers of said house. Sec. 7. The circuit court, the court of common pleas, the land court, the county court, and the criminal court of St. Louis county, or the judges of any of said courts in vacation, shall have exclusive jurisdiction of all writs of habeas corpus for the discharge of anj^ minor confined in said house of refuge, and no other court or magistrate in St. Louis count} shall have jurisdiction to issue or take cognizance of any such writ, oi’ any proceeding thereunder tending to such discharge, except in the case of "there being in St. Louis county no such court or magistrate as those above mentioned, to whom exclusive jurisdiction is confided, able to issue or hear such writ at the time it is sought for; and in every case wherein application be made to any court or magistrate not having such exclusive jurisdiction for a writ of habeas corpus for the discharge of any person alleged to be confined in or at said house of refuge, or by virtue of the order of the managers thereof, every fact necessary to give jurisdiction to such court or magistrate shall be distinctly shown in tlie application and verified by affidavit of the applicant, or his or her agents. Sec. 8. All males under sixteen, and all females under fourteen year of age, in St. Louis county, charged with any crime or misdemeanor, or jHinishable by imprisonment, shall be entitled to, and shall have, a private examination * and trial, to which only the parties to the case shall be admitted, unless the parent or guardian of such minors demand a public trial. Sec. 9. The said house of refuge, its officers and inmates, shall be under the control of the board of managers hereinbefore mentioned, who shall consist of nine meml)ers, whereof one shall be the inayoi’, for flu* time being, of the city of St. Louis; two shall be appointed by the county coiu’t of St. Louis county; four shall be members of the city council, for the time being, to be chosen in joint session of said council, (two from each ]»OMrd,) and two shall be appointed by the mayor of the city of St. Imuis from the citizens at large, and approved by the board of aldermen. They shall hoki their office for a period of one year, and a majority of said board of managers shall be a quorum for the transaction of any business, or the exercise of any power herein conferred uj)on said l)oard; said board shall choose a chairiiian, and shall have at least one stated meeting in each montli. Sec. 10. Said l)oai’d of managers of said house of refuge shall have power and authority : First., to make all needful contracts for said house of refuge; second., to make, establish, alter and enforce all lUM'dful regulations for tlu' government and control of said house of refuge, its ollicers and inmates ; third., to issue a writ dirc'cted to any sli(*ri(f, marshal or constable of the State of Missouri, or any muuicipalily or 'WEIGHING SCALES. 115 county thereof, for the recapture pf any fug-itive from said house of refuo’e; such writ shall be iu the name of the State of Missouri, maybe si^’iied by any two of said board of managers, and shall, thereupon, be of legnl and' valid force : fourth, to make all needful by-laws for the g-overnineut of said house of refuge ; fifth, to employ and ajjpoint such othcers as may be needful, and tix their salaries: Provided, That no mem- ber of said board shall at any time receive, directly or indirectly, any compensation for any services by him rendered to said institution ; sixth, to apprentice any inmate of said house of refuge until the time when such inmate shall reach the age of twenty-one years, if a male, and eighteen years, if a female; seventh, to discharge any inmate of said house of refuge . Sec. 11. All debts contracted by said house of refuge shall be dis- charged by the city of St. Louis; and the city of St. Louis shall have power to sue for and recover any debt due, or damages accruing to, said house of refuge. Sec. 12. Said board shall keep a record of their proceedings, and shall report, on the first Monday of May in each year, to the city council of the city of St. Louis, the tiscal athiirs, management and condition of the said house of refuge. Sec. 13. The ma 3 ^or and city council of St. Louis, the judge of the county court of St. Louis county, or the grand juiy of the county of St. Louis', may at any time visit aiid inspect the said house of refuge, and examine the records and books of account of said board. Sec. 14. Eveiy child found in said city in a state of want, or abandoned or improperl}" exposed, or grossl\^ neglected by its parents or x)ersons having its charge, or soliciting charity from door to door, or in aiy street or highway, or public place, and every child of any person in said city convicted of being a common prostitute or keeper of a bawdy house, or house of resort for prostitutes, or of assignation, and every child found in such houses, nia^^ be committed to said house of refuge l)y the maj'or 01 - 1 ) 3 " the recorder of said city, oj- b 3 " aiy" two aldei-men, or 1 ) 3 ' an 3 ' two justices of the peace of said cit 3 ", ipxui complaint and competent proof of the facts chai-ged; and when so committed, shall be kept and be under the control of the managers of said house, as ])rovided in section sixth of this act. This act to take ellect from and after its passage. Approved, February 28, 1855. \ AN ACT TO AUTHORIZE CERTAIN INDIVIDUALS TO ESTARLISII WEIGHING SCALES IN ST. LOUIS COUNTY. Be it enacted by the General Assembly of the State of IMissoari, as follows : Sec. 1. That the owner or owners of the land at the northea.st corner of Arsenal street and the Gravois road, in the county of St* Louis, front- ing at least one hundi-ed and eighty feet on the Gravois road, 1)3" a dejith running east on Arsenal street live hundred feet, be, and are h(“reb 3 ", authorized, on so much of said lots as ma 3 " he necessaiy, to erect, aiid keep for public use, scales for the Aveighing of coal, hay, and all other articles of iiroduce commonh" sold 1 ) 3 " weight, and also all cattle and jiro- visions that may be ottered for Ave igiit, and also a Aveigherbs otlice, to be called the ‘ ‘Gravois road scales. ’ ’ Sec. 2. The said owner or oAvners nny appoint a suitable ])erson to do such Aveighing, subject to the ajiproval of such appointee by the county court of the county of St. Louis, or by the nnyoi' of the city of St. Louis, Avhose salary shall be ])aid by the said owner or owners of the land afore- said; and it shall be the duty of such Aveigher to attend to the business of Aveighing at all suitable times for public conveni(mce. Sec. 3. The certilicat(;s of all Aveighing at said scales, and signed by said weigher, shall be good and valid Avithin the limits of the city 116 AMENDED CITY CHAETER and county of St. Louis, and of equal legality and effect as similar certiticates of weighing done within said limits. Sec. 4. That the said owner or owners are hereby authorized to charge and collect fees for such weighing, hut such fees shall never be greater than those charged for similar services under the ordinances of the city of St. Louis. Sec. 5. That any scales established under this act shall be required to conform to the standard of weights established by the authorities of the city of St. Louis, and shall be under the supervision and regulation of said authorities as city scales are in this particular. Sec. 6. It shall be lawful for any owner or owners, lessee or lessees, of any land, on any public road or highway leading into the city of St. Louis, to establish and keep for public use scales for the weighing of hay, coal, cattle, and any articles of produce usually sold by weight, subject to the provisions of this act in all respects. This act to take effect from and after its passage . Ai)proved, February 28, 1855. AN ACT TO EXTEND THE LIMITS OF THE CITY OF ST. LOU>S, AND FOR OTHER PURPOSES. Be it enacted by the General Assembly of the State of Missovri, as follows : Section 1. All that district of country situated in the county of St. Louis, embraced within the following limits, to-wit; Beginning at a point in the middle of the main channel ofdhe Mississippi river, wliere the con- tiiiuation of the south side of Keokuk street eastwardly would intersect said main channel; thence westwardly, by the said line of the south side of Keokuk street, to a point six hundred and sixty feet west of Grand avenue; thence northwardly, and parallel to said Grand or Lindell avenue, at a distance of six hundred and sixty feet therefrom, until it intersects the Bellefontaine road; thence northeast to the line dividing townships forty-five and forty-six north, range seven east; thence eastwardly, with said line and in the same direction, to the middle of the main channel of the Mississippi river; thence southwardly, with the meanderings of the main channel of said river, to the place of beginniim-— is hereliy incorpo- rated into a city, by the name of “-The City of St. Louis. ’ ’ Sec. 2. All acts and parts of acts now in force concerning the city of St. Louis, or the inhabitants thereof, and not inconsistent with nor repug- nant to the provisions of this act, shall extend to all the district of country included in the above-mentioned boundaries, and to all inhabitants therein; and the ma 5 mr and city council shall have and exercise witliiii said bound- aries all the power and authority now vested by law in the mayor and city council of the cit}^ of St. Louis, as at present established, excejitas herein otherwise provided . Sec. 3. The city of St. Louis, including the territory hereby added to the same, shall hereafter be divicled into eight wards, and th(‘ city council may at any time district the city into ten wards, the boundaries of which shall be fixed by the city council, by straight lines running east and west, deviating to equalize population; <‘ind each ward shall, as near as practica- ble, contain an equal number of white male inhabitants; and the city council shall, from time to time, change the lines of each of said wards tor the purpose of equalizing population in the same (but, in so changing, must adhere to straight lines as above, as near as may be); and each ot which wards shall have the same representation in the city (‘ouncil, and board of president and directors of the St. Louis public schools, to which award in the present city is entitled. One of the r(‘pres(*ntatives in th<‘ city council of each of the wards, as herein established, shall b(‘ a i-('sl- dent of the extended new limit ])ortion thereof. Sec. 4. The taxes to be levied by the mayor and city council upon the taxable property in said extended new limits, during the pei-iod of ten AMENDED CITY CHARTER. 117 years tVoni the ])a.ssag’c of this act, shall not exceed one-third of one per centum per annum on the assessed value thereof; saving’, however, the harbor and other taxes hereinaftei’ provided for. Skc. 5. Tlie mayor and city council of the cit}^ of St. Louis shall, without unnecessary delay, establish by ordinance ii general plan for the location and graduation of streets within said extended new limits; and in all subdivisions of property hereafter to be made by the respective owners, they shall conform their streets to said general plan, unless it be otherwise permitted by ordinance. Sec. 0 . In cases where the mayor and city council shall deem it neces- sary, and also in all cases where the owners of the major i)art of the lands or lots fronting on any street or portion of street in the extended new limits, shall petition for the grading, paving or macadamizing thereof, the city council may cause grading, paving or macadamizing to be done, in manner as prescribed by ordinance. The cost of all rough grading shall be paid out of tlie general city treasury; the cost of all paving, whether of the carriage-way, gutters, curbing, sidewalks, or cross- walks, done under the provisions of this section, shall be apportioned and charged on the adjoining lots in the proportion of their front, and l)e paid by the owners of such lots, respectively, and they shall be bound to pay for the same as though the liabilities were contracted by themselves, and may be sued therefor accordingly; and the lots or lands chargeable there- witli shall also be held by a lien, for the respective apportioned share of such cost, until the same be fully paid. Such lien maybe enforced by special tax, levy, and sale, or by proceedings at law, all according to such proceedings as may be prescribed by law. Sec. 7. In addition to the taxation heretofore authorized, the mayor and city council may levy a tax not exceeding one-twentieth of one per / centum per annum upon all taxable property in the territory hereby added to the city of St. Louis, for the preservation and continuation of the improvements in the harbor of said city. Sec. 8 . The whai-fage collected within the extended new limits shall be expended for the improvement of the wharf in the wai’ds respectively where collected, and s(‘parate accounts shall be kept for that purpose. Sec. 9. All money, bonds, notes, and other evidcmces of (lebt, belong- in»’ to the school fund of fractional townshii) 45 north, range 7 east, out- side of the city of St. Ta)uis as heretofore incorporated, shall b(‘, divided between the board of pn'sident and directors of the St. Louis i)ublic schools, as trustee's of the general school fund of the city hereby estab- lished, and between the county court of St. Louis county, tor the benetit of said fractional townsbi]) outside of the city hereby established, namely, on the following basis: One-balf of the funds, according to the ratio ot population, and the othei* half according to the ratio of territory, namely, of said ti-actional towiislii}) included in the extended new limits of said city, and of the said township outside of the same; to be determiued by two commissioners, who shall b(^ a])pointed, one by each of the said parties, sharers in the funds, who, failing to agree, shall api)oint an umpire, to be chosen from the county outside of said city or township. The further management and sah^ of section sixteen of said fractional township shall remain with said county court, in accordance with the act of the general assembly of this State, approved March 5d, 1851, entitled “■Au act to authorize the sale of fractional section lb, township 45 north, range 7 (aist;” and after each sale of any unsold portion of said section, the fund arisiiig therefrom shall be divided betw(“cn the two i)arti(*s, sharei's in accoi’dance with the ratio which shall have been determiued according to the succeeding ])rovisions of this section, the county court of St. ra)uis county tirst i)ayiug all cost of manag(*nient and sale of the lauds, at .all times to reserve a sullicient sum to pay the probable expenses relating then'to. Sec. 10. The funds belonging to the board of president and directors of the St. Louis j)ublic schools Ix'fon' the passage of this act, and accord- ing to this act, shall be a common fund, for the use ami benetit of the whole city as hereby established. Sec. 11. The property of the present city of Bremen, and of the 118 AMENDED CITY CHARTER. second miinicipalitv, slnill be vested in the c-ity of St. Louis, and the latter shall assume the indehtedness of Bremen, not exceeding live liundred dollars, and of the second municipality, not exceeding one hundred dollars, and shall receive all sums of money that may he due to said Bremen and to said second municipality for taxes or otherwise. Sec. 12. Hereafter, not less than two polls shall be opened in each of said wards, in said city, at elections. Sec. 13. The separate incorporations of the city of Bremen and second municipality are hereby vacated and abolished. Sec. 14. This act shall not be so consti-ued as to vacate the seat of any member of the board of aldermen holding over until their term woukl expire under the provisions of the present city charter, and such alder- men shall constitute one of tlie two aldermen to which each ward is entitled, from the wards in which they may respectively reside when the city is districted into wards, in accordance with the provisions of this act. Sec. 15. The mayor of the city of St. Louis shall, immediately after the passage of this act, take measures to promulgate this act witliin the limits of the city of St. Louis, by publication in all the daily newspapers in said city, as herein established. Sec. 16. All acts and parts of acts repugnant to this act are hereby repealed, and this act shall take effect froni and after the thirty-tirst day of March, in the year of our Lord one thousand eight hundred and tifty- tive, excepting the 15th section, which shall take effect from and after the passage thereot. Sec. 17. The city of St. Louis shall purchase of the joint stock com- panies so much of the several plank roatls included withiii the boundaries of the extended new limits as are owned by said companies, at such prices as may be agreed upon between the city council and the directors of said companies; and if they can not a^ree, "the value of said interest shall be assessed as other property taken lor public use: Provided^ however^ That so miieli of said roads, or any of them as are owned by the county of St. Louis, is hereby vested in the city of St. Louis, free of charge. Sec. 18. This act shall not change or in an 3 " manner affect an act enti- tled ‘ ‘An act supplemental to the several acts to incorporate the city of St. Louis, and to continue in force the law commonly known as the new limit law, as it now exists, ’ ’ approved March 1st, 1851. Sec. 19. The district of countiy herel)y added to the city of St. Louis shall be designated the ‘ ‘ Extended New Limits. ’ ’ Sec. 20. There shall be an election held on the tirst Monda^y in April next, in the city of St. Louis, and the proposed extended new limits, for the purpose of ascertaining the will of the voters of said city, and the proposed new limits; and the county court of St. Louis county shall open two polls, one for ‘ ‘ extension, ’ ’ the otlier ‘ ‘ against extension, ’ ’ in the proposed extended new limits, at such places as they may think best; and if a majority of all the votes cast in the city of St. Louis, and in the l)roposed extended new limits, should decide in favor of extending the same as proposed, then and in such case this act shall be in full force and effect, otherwise it shall l)e null and void. Approved, December 5, 1855. AN ACT TO AUTHORIZE THE CITIES OP ST LOUIS AND CARONDELET TO MAKE AN AGREEMENT CONCERNING A WORKHOUSE. Be it enacted hy the General Assembly o f the State of Missouri, as follotvs: Section 1. The cities of St. Louis and Carondelet shall have i)()W(M' to make any contract, agreement, or ari-angement, by winch th(‘ city of Carondelet may iniiirison persons in the woi-khouse of the city of St. Louis, or in the enclosures or apiiin-tenances th(a-(*of, for tin; violation ol aiy ordinance or by-law of the city of Carondc'h't; and the ])erson so iniprisoned may be recpiired hy the city of Carondelet to work or labor in A^NIENDEO CITV CllAETEK. 110 such workliouso or enclosure, or appurteiuiuces or elsewliere, under sueli rules and regulations as said city of Carondelet may by ordinaiute ])!•(;- scribe. This act shall take elfect and he in force from and after its passage. Api)roved, December 5, 1855. AN ACT SUPPLEMENTARY AND EXPLANATORY , OF AN ACT ENTITLED -'AN ACT TO PREVENT RIOTS AND BREACHES OF THE PEACE.” Be it enacted by the General A&sembly of the State of Missouri, as follows: Section 1. Section thirteen of said act shall be, and the same is herelyy, amended so as to read as follows: The city oi' town in which such trespass may be committed shall be liable to pay to the person whose property shall be injured or destroyed thereby, three-fourths of the value thereof, or the damage thereto. Sec. 2. Section lifteen of said act shall be, and the same is herel) 3 % so amended as to repeal the second, third and fourth subdivisions of said tifteenth section; the tirstand tifth subdivisions of said act shall, however, i-emain in full force and effect. This act to be in force from and after its passage. Api)roved, December 5, 1855. AN ACT I.EGALIZING THE SUBSCRIPTIONS OF THE CITY OF ST LOUIS FOR STOCK OF THE OHIO AND MISSISSIPPI RAILROAD COMPANY. Be it enacted by the General Assembly of the State of MissouH, as follows : Section 1. That all subscriptions heretofore made foi' stock of the Ohio and Mississippi Itailroad Oompany, located in tlie State of Illinois, ill the name of and for account of the city of St. Louis, by any otlicer theri'of, by virtue of any ordinanci* of said city therefor, is lieiH'by legalized and declal-ed as valid and effectual as if lawfully authorized at the time such su))scri})tions were made, and shall lie so considered and adjudged ill all courts of this State. This act shall take elfect from and after its passage. Approved, December 7, 1855. A N A C T SUPPLEMENTAL TO, AND AMENDATORY OF, AN ACT ENTITLED “AN ACT TO EXTEND THE LIMITS OF THE CITY OF ST. LOUIS, AND FOR OTHER PURPOSES,” APPROVED DECEMBER 5, 1855. Be it enacted by the General Asseynbly of the State of ISIissouri, as folloios : Section 1. That sections fourteen and twenty of the act entitled “An act to extend the limits of the city of St. Louis, and for otlna- purposes. ' ’ approved December 5th, 18115, are hereliy declared inoiieralive, and .said act shall take effect and be in force froi'n and aft(*r the thirty-lirst day of March next, any thing in said aid to the contrary notwithstanding; and the mayor and city council of .said city shall have said city districted into wards, according to the jirovisions of .said act, without delay, so that tlie first election for city ollicers, imd(“r the act to which this is siippli'- mentary, shall take place on the tirst Monday of April, 1S5<). 'riiis act shall take effect from and after its apiu’OvaL Approved, December 8, 1855. 120 AMENDED CITY CHARTER— M^EIGHING SCALES. AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO AMEND AN ACT TO REDUCE THE LAW INCORPORATINO THE CITY OF ST. LOUIS INTO ONE ACT, AND TO AMEND THE SAME,” APPROVED FEBRUARY 23, 1853. Be it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. That so iniicli of section four, article six, of the above entitled act as provided for the election of superintendent of the work- house and suiierintendent of waterworks, be and the same is hereby repealed, and said olhcers shall be appointed by the mayor, as other officers are ap])ointed; and so much of section eleven (11) of article four of an act entitled ‘■‘An act to incorporate the city of St. Louis, and the several amendatoiy acts thereto, into one act, and to amend the same,” ajiproved March 8, 1851, as provides for the election of city marshal, be, and tlie same is hereliy, repealed; and said city marshal shall be appointed by the mayor in the same manner as otlier officers : Provided, however, Tliat the present incumlients of said offices sliall be entitled to serve out the full time for which they were elected. This act to take etfect and be in force from and after its passage. Approved, December 11, 1855. AN ACT AMENDATORY OF AN ACT ENTITLED “AN ACT TO AUTHORIZE CERTAIN PERSONS IN ST, LOUIS COUNTY TO ERECT WEIGHING SCALES,” APPROVED FEBRUARY 28, 1855. Be it enacted by the General Assembly of the State of Missouri,, as follows : Section 1. No person who sells, or has an interest in the sale of, arthdes weighed at public scales, either directly or indirectly, by himself or others, or who buys them for the purpose of selling over, or for the uses and purposes of any manufactory or other establishment, except his private residence, shall be authorized to erect weighing scales, as provided by the act to which this is amendatory, either by himself individually, or as a member of a company or copartnership; nor shall any company or ( opartnership so dealing be so authorized; and if any weighing scales be already erected, in violation of this provision, the sanie is hereby declared illegal; and if public weighing be continued, after the passage of this act, to be done thereat, said scales shall become forfeited to the county of St. Louis, which niay sell and dispose of the same at xiublic auction, to the highest bidder, for cash. Sec. 2. No iierson or persons dealing in articles weighed at public scales in the city or county of St. Louis, as in the tirst section of this act recited, shall be connected in, interested with, nor be ai\ officer of, any weighing scale in said city or county; and no such person or persons who are peciiniarly interested in the rents and profits of such scales shall con- tinue to be so interest(Ml, directly or indirectly, either by tlunnscdves or others, after innety days after the j)assage of this act; and if such con- nection or pecuniary interest exists after such term, such scales arc here!)}' declared illegal, and become forfeited to the city or county of St. Louis, as the case may be; which may take i)Ossessi()n of and stdl the same, at public; auction, to the highest bidder for cash. Sec. 8. No weighing scales in the county of St. Louis shall be here- after erected withOut the ])ermission of the county court of St. I.ouis <‘,ouuty. or of the city council of the city of St. Louis, as the case may be. within their jurisdiction; and thej' shall jirovide agaiicst comicetition in scales, for tlie sake of fees merely, and shall only regard jcublic coiive- ui(*nc(‘ in the sel(*ction of localities for the erection of public scales; and, with this view, shall pi-ovide that no scale be erech'd within ou(‘-half a mile of sc'ales previously erected, except upon urgent and apparent need. WEIGHING SCALES— ESCHEATED T.ANDS. 121 And the tariff of fees or char»-es established by ordinance by tlie city of St. Ijonis, as the price of weighing, shall be a uniform standard of price for all weighing done at all pnblic scales in said city and county ; any deviation from which, b}^ exacting more or less than the said legal charge, sliall be pnnished by a penalty of titty dollars on the weigher for every ottense, and, also, by deprivation of office, upon conviction thereof; such i)enalty to be recovered before any court of competent jurisdiction, and to be instituted in the name of the city or county of St. Louis, as the case may be, to the use of the complainant, who shall be entitled to one- half tlie 'line, upon recovery thereof, the other half being payable to the said city or county. Sec. 4. The fifth and sixth sections of the act to which this act is amendatory are hereb}" abolished. Tins act to take eftect from and after its passage. Approved, November 19, 1855. AN ACT AMENDATORY OF AN ACT ENTITLED “AN ACT AMENDATORY OF AN ACT ENTITLED ‘AN ACT TO AUTHORIZE CERTAIN PERSONS IN ST. LOUIS COUNTY TO ERECT WEIGIIINU SCALES, APPROVED FERRUARY 27, 1856,’ APPROVED NOVEMBER 19, 1855.” Be it enacted hy the General Assembly of State of Missouri, as follows : Section 1. That the title of the act to which this is amendatory shall read and be amended, as follows: ‘ ‘An act amendatory of an act entitled ‘An act to authorize certain individuals to establish weighing scales in St. Louis county, ’ approved February 28, 1855. ” This act to take effect from and after its passage. Approved, December 13, 1855. AN ACT TO ENABLE THE CITY OF ST. LOUIS TO ASSERT HER TITLE TO CERTAIN ESCHEATED LANDS. Be it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. The city counselor of the city of St. Louis, in order to enable the city of St. Louis to avail itself of the provisions of the second section of an act entitled ‘‘An act about swamp lands in St. liOuis county,” be, and he is hereby, authorized, in the name of the State of Missouri, to proceed in the same manner as the attorney general is reiiuired to do by the provisions of an act entitled “An act concerning escheats,” aiijiroved January 8, 1845, to ascertain whether any hmU (‘State embraced within the ])rovisions of the first above recited act has escheated to the State of Missouri, and said proceedings shall, in all things, be conducted in the manner and form prescribed in said act concerning escheats. Sec. 2. That the title of the State to all lands which shall appear to have escheated to the State of Missouri licfon^ March 3d, 1851, by any proceeding commenced and prosecuted under the provisions of this act, shall, from and after judgment, be rendered in favor of the State, pass to and vest in the city of St. Louis. This act shall take effect from and after its passage. Approved, December 13, 1855. 122 FOREIGN INSURANCE COMPANIES. AN ACT AMENDATOIir OF AN ACT ENTITLED “AN ACT TO LICENSE AND REGULATE AGEN- CIES OP FOREIGN INSURANCE COMPANIES/’ APPROVED DECBxMBER 8, 1855. Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1. All agencies of foreign insurance coinpanies doing lire, river or marine insurance within this State, shall, on or before the tirst day of Febrnary , of each and every year, deposit w ith the assessor of the coiinty, and also of the city, in wdiicli tlie office or agency of such com- pany "is located, a statement, verffied by the oatli of the agent of the foreign company, specifying the gross amount (after deducting all retiu-n premiimis) of premiums received for insurance by such company or agent, during the preceding year, up to the tirst of January, immediately pre- ceding such deposit of such statement, or for such tractional part of the year that such company or agency may have been doing business in this State . Sec. 2. If any agent of any foreign insurance company shall neglect or refuse to deposit wdth the assessor aforesaid , on or befor(i the tirst day of February, in each and every year, the verified statement recpiired by the precediiig section, it shall be the duty of the assessors, respectively, to assess on said company, or agency, such a sum of gross premiums as, after diligent incpmy, he may ascertain to be the amount received. Sec. 3. Such gross amount of premiums, so received as aforesaid, shall be subject, in the county and ciV in wdiich the office of such agency is located, to the levy and payment of such taxes, of every kind, as other property is subject to for State, county, and municipal purposes, Avhich taxes shall be paid liy such agent, to the respective collectors, within the time required by law' for the payment of the general taxes: Provided, That the tax so assessed on the gross amount of premiums, shall be in lieu of all taxes formerly levied on the capital stock of any foreign insurancf* company, for State, county, and municipal purposes, and that no other taxes of any kind, than as in this act specified, shall be levied on such agencies for any purpose wiiatever. Sec. 4. Upon the agent or agents of any foreign insurance (company depositing with the assessors the verilied statement required by tins act, and complying with the })rovisions of section tirst of the act to wiiicli this act is amendatory, the clerk of the county court of the county in which such agency is located, shall issue to him or them a license, in the name of the State, for carrying on the Inisiness of his or their agency, for the space of one year; wiiich license shall be renewed from year to year, by such clerk, if demanded; and for every such license, such clerk shall be paid a fee of fifty cents . Sec. 5. There sliall be levied and collected by such clerk, on such license so issued to any agent or agiaits, as aforesaid, the sum of one hundred dollars for State purposes, and twT) hundred dollars for county purposes; and such license shall be exempt from all othei* taxation whatever. Sec. G. The agent or agents of any foreign insurance com jiain' doing business in the county of St. Louis, shall ])ul)lish, daily, for six suc- cessive days, on or before the tii’st day of February, of each and every year, the statement reqnii-ed in the first section of the act to wdiich this is amendatory, in one English and one German newsiiaper iiufilisiied in said county: Provided^ That whenever the jiarent oftice of sucli agency shall jiublish an annual statement of its affairs, the time mentioiu'd in the first iia’rt of tliis section for the ])ublication of the statement sluill be so changed as to allow said publication to be nnule within one montli of the date of such annual statement by tlie ])arent conqiauy. Sec. 7. Tbe agent or agents_of any foreign iusu*rance company doing liusiness in the city of St. Louis, shall, in addition to flu' tax on gross liremiums, above jirovided for, jiay to the collecdor of the ward in said city in which the office of said agent is located, on or Ixdbi-e tlu' lirst day iNCoiiroEA'rioN. 123 the use of the said city, -which sum sliall be considered in full for, and in room of, all taxes and licenses whicli said city, by its charbn-, may or may not i)ossess the power to inii)ose on such a^’cncies; and sucli colbictor shall, upon such payment beino- made, issue to su(;h agent or agents a license, in the name of the city of St. Louis, for the carrying on the business of such agency for one year; whicli license shall be renewed from }uuir to year, if demanded, aiid sliall not be subject to any taxation of any kind -whatever. Sec. 8. Any agent or agents of any such insurance company, who shall neglect or refuse to comply with the requirements of the last preceding section, shall forfeit and pay the sum of two liundred dollars, whicli may be sued for and recovered in the name of the city of St. Louis, to the use of the same, by suit instituted by the city attorney, in any court having competent jurisdiction . Sec. 9. Any person or persons who shall, as agents of any insurance company, or an agency doing business in this State, in anywise neglect or refuse to comply with any ot the foregoing provisions of this act, or who shall willfully make a false or fraudulent statement of the business or con- dition of his or their company, shall forfeit and pay the sum of live hundred dollars for each offense, and shall not do, directly or indirectly, any kind of insurance business until the requisitions of this act are faithfully com- plied with; and it shall be the duty of the collector of the county in which the office of such agency is located to prosecute for the recoveiy of au}^ forfeitures incurred by this act; and any and all fines and forfeitures thus incurred may be recovered, in the name of the State, to the use of the State and county, in equal proportions, l)y plaint bill or information, in any court of competent jurisdiction. Sec. 10. Whenever any judgment shall be obtained, in any of the courts of this State, against any foreign insurance company liaving an office or doing business in this State, and said judgment shall remain unsatisfied for the period of fifteen days after execution shall have been lawfully issued thereon, the license issued to said insurance company shall immediately become nnll and void, and such insurance company shall be prohibited from transacting any business in this State until such judgment shall be fully satisfied. Sec. 11. So much of an act entitled “An act to license and regulate agencies of foreign insurance* companies,” apiu-oved December 8, 1855, and all othei’ acts or parts of acts, contrary to or inconsistent with the provisions of this, be, and the same are hereby, repealed. This jict to take effect a, ml be in force from alid after its passage. Approved, February 27, 1857. AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO AMEND AN ACT ENTITLED 'AN ACT TO REDUCE THE LAW INCORPORATING THE CITY OF ST. LOUIS, AND THE SEVERAL L VWS AMENDATORY THEREOF, INTO ONE ACT, AND TO AMEND THE SAME,’ APPROVED FEBRUARY 23, 1853.” Be it enacted by the General Assembly of the State of Missouri^ as folloios : Section 1 . Where^ property has been condemn(*d for a street or pulilic way, or a jury has, in iiroceeilings for such condemnation, given a ver- dict as iirovided for in the law to whi(‘h this act is amendatory, and no appropriation has been made by the council of the city of St. Louis to ])ay for the ])roperty condemned, as in the act provided to which this is amendatory, and where the city of St. Louis has instituted in-oceedings a second time under said act, and anoth(*r jury has given a verdi(;t as above named, and the city council has a second time fail(*d to make an appropri- ation to pay the sum or sums award(*d to be paid by tbe city, as in the said act iiroVided, there shall be no authority in the city of St. Louis, its 124 SALE OF REFRESHMENTS— BILLS OF MORTALITY. mayor, or council, to proceed further, or again, in the condemnation of such property for a street or pid)lic way. Tliis act to take elfect from and after its passage. Approved, February 27, 1857. AN ACT CONFIRMIXa CERTAIN POWER TO THE CITIZENS OF ST. LOUIS COUNTY. Be it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. That tlie corporate authorities of the diftereiit cities in tlie county of St. Louis shall have the power, whenever a majority of the legal voters of the respective cities in said comity authorize them so to do, to grant permission for the opening of any estahlishment or establish- ments, within the corporate limits of said cities, for the sale of refresh- ments of any kind (distilled liquors excepted), on any day in the week. Sec. 2. Any person who shall, on a Sunday, sell or offer for sale, within the corporate limits of said cities, anj- distilled liquors, or any composition of which distilled liquors form a part, shall be punished by fine of not less than ten nor more than fifty dollars. Sec. 3. The provisions of the first section of this act shall not be con- strued as authorizing the sale of ardent spirits on any day mentioned, except as now by law allowed . Sec. 4. All acts and part of acts conflicting with the provisions of this act are hereby repealed. This act to take effect from its passage. Approved, March 4, 1857. AN ACT TO AMEND AN ACT ENTITLED AN ACT TO AMEND AN ACT CONCERNING BILLS OF MORTALITY IN THE CITY OF ST. LOUIS AND SUBURBS/’ APPROVED FEBRU- ARY 25, 1843. Re it enacted by the General Assembly of the State of Missomd, as follows : Section 1 . The words ‘ ‘ clerk of the board of health of the city of St . Louis,” are hereby substituted, and used for, and instead of ‘■'■register of the city of St. Lonis, ’ ’ or any words indicating said officer, whenever the same may occur in said act. This act to take effect from its passage. Approved, November 18, 1857. AN ACT TO AMEND AN ACT ENTITLED “ AN ACT TO PROVIDE FOR THE REDUCTION OF THE CITY DEBT OF THE CITY OF ST. LOUIS/’ APPROVED MARCH 5, 1855. Be it enacted by the General Assembly of the State of Miss ou?^, as foil otvs : Section 1. That the third section of the act to which this is amenda- tory. is hereby modified and altered as follows: The following words are stricken out of the said third s(‘ction, to-wit: ‘ ‘and interest at the rate of four ])er cent, per annum shall be required and accounted for, for all dejiosits made in aii}’ bank or banking establishment by said (*omniis- sioner. ’ ’ Sec. 2. The said third section shall stand in full force, as it will read with th(5 words stricken out mentioned in the first section of this act. Sec. 3. Whenever the fund commissioner shall be able to obtain an agreement for the payment of interest on the sinking fund from the KE VKN UE— G ASTJG irr COMPANIES . 125 depository ji^Teed upon by tbe mayor of the city of St. Louis er. Sec. 22. To open, alter, abolish, widen, extend, establish, o’rade, pave, or otherwise improve, clean, and keep in repair, streets, avenues, lanes and alleys, wharves and public grounds, and squares; ])ut the mayor and city council shall not establish nor open a street, lane, avenue, or alley, through the grounds Ijing and being situated between Ninth street and Eleventh street, and Washington avenue and Green street, without the written consent of the proprietors of the St. Louis University, so long as the building now used as a university remains erected thereon. Sec. 23. In the event of an alteration of "any established grade of street or alley, the city shall l)e liable for all damages resulting from such change of grade, the damage to be assessed by a jury impanneled for that purpose by any court of proper jurisdiction.' Sec. 24. The city shall have power to regulate and prescribe the man- ner, and order the building, of paitition and parapet walls, and of partition fences . Sec. 25. A concurrent vote of two-thirds of all the members elect of the common council shall be necessary to ])ass a tax bill, bills appro- priating money for any purpose, and bills in anywise increasing or diminifdnng the city revenue. Sec. 26. Upon the passage of all bills appropriating money, or bills imposing taxes, lessening or abolishing licenses, the yeas and nays shall be entered upon the journals. Sec. 27. No officer of the city shall be interested in any contract under the city, directly or indirectly, in any manner whatever, and any appointed officer becoming so "interested shall be dismissed from office immediately by the mayor; and, on the mayor being satisfied that any elective officer is so interested, he shall immediately suspend said officer and report the facts to the board of common council, whereupon the board shall, as soon as practicable, meet to hear and detei’inine same, and if, by a two-third vote, he l)e found so intere sed,the shall be imme- diatelj" dismissed from such office. No officer shall hold two appoint- ments under the city government. Sec. 28. All acts and parts of acts inconsistent with and repugnant to this act are hereby repealed. This act to take effect and be in force from and after its passage. Approved, March 14, 1859. AN ACT amendatory of an act entitled REFUGE IN ST. LOUIS COUNTY/ AN ACT TO ESTABLISH A ROUSE OP APPROVED FEBRUARY 28, 1855 Be it enacted hy the General Assembly of the State of Missouri, as follows : Secton 1. That the sixth section of the act whereof this is amenda- tory be, and the same is hereliy, repealed. Sec. 2. That the eighth section of the act whereof this act is amenda- tory lie, and the same is hereby, amended, to read as follows: “All males under sixteen, and all females under fourteen, years of age, in St. Louis county, charged with any crime or misdemeanor, or punishable by imprisonment, shall be entitled to and have a private examination and trial, to which only the parties to the case shall be admitted, unless the parent, guardian,' or person having its charge, shall demand a public trial. Sec. 3. The officer or officers before wbom the trial shall be lic'ld shall ascertain from the witnes.ses, and shall state in the commitment, the religious persuasion of the child, or, if too young, its ])areuts; and no child, committed by compulsory process to the house of refuge*, shall be ai)prenticcd by the board of managers to a person of a dilfercnf ivligious persuasion from tliat stated in the commitment. HOUSE OF REFUGE. 133 Sec. - 1 . 'That section fourteen of tlie act of which this is amendatory sliall ])(', and the same hereby is, anuaided, l)y strikin<^ out theretVom, wliere they occur, the words*“as provided for in section sixtli of this act.'’ Sec. 5 , ddiat every commitment, in pnrsnance of the fourteenth section of this [tlie] act of which this act is amendatory, sliall he, for tlie tirst commitment, for a term not exceeding- one 3X‘ar, and, for the second, not exceeding- two j'ears, adding a limit of a 3-ear for ever3^ subseipient com- mitment'; and ever3' commitment, in imrsnance of section three of the act of which this is amendator3-, shall he for a period of not more than live years; and the provision in the section of Avhich this is amendator3-, that it shall lie until “reaching- the age of twent3--one 3-ears,” is hereb3" repealed . Sec. G. In all cases an appeal ma3' be taken , at an3- time within ten da3-s after the commitment of the child', 113- its parent, guardian, or ])erson having its charge; and such appeal min- be taken at an3- time within six months after the date of such commitment, if personal service of the pro- ceeding whereon said commitment is founded liave not been, b3^ notice of the time and place of ti-ial, given to the parent, guardian , 'or person liaA-ing charge of the child. Sec. 7 . Such appeal shall be perfected 113- tiling, in the clerk’s office of the St. Louis criminal court, an affidavit of the child, or of the person entitled to notice, under the preceding section, within the time prescribed; and. if the affidavit lie not tiled within ten days after the commitment, it must state that it Avas made Avithin tAA-ent3- diu-s after the knoAvledge of '^uch commitment came to the alliant. or good cause shoAvn Avh3- it Avas not made Avitliin twenty da3-s. Every affidavit shall state that the appeal is not taken for vexation or dela3% I'mt because he is aggrieved 113- tlie judg- ment; and. on sucii affidavit being tiled, the St. lamis criniinai court shall hear and determine the cause, as all other appeals from justices of the pcaice . Sec. S. The board of managers shall have no power to apin-entice an3- child committed to the institution, except Avhere the child has been volun- taril3- surrendm-ed 113- its parents, and its consent to such apprenticeship given, 01- where the'iiarent, guardian, or iierson having- charge ot sucli child, has no legal capacity to give consent, or wliere he or slie have Avill- fully abandoned his or her family for six months Avithout making- suitable pi-ovision for them, or become an habitual drunkard, or a common pros- titute, or keeiier of a baAvd3-- house, or house of resort for prostitutes, or house of assignation; or the child, with the consent or knoAvledgi' of its parent, guardian, or person having its charge, remain in any such house. Sec. !). Facts of such incajiacity, drunkenness, oi- otlun- cause, in pre- ceding section mentioned, must be decided lyy the verdiet of a jury of twelve persons, and nia3- be tried befoi-e any (of the) ])erson or iiersons authorized, by siiction fourteen of the act of which this is amendatory, to (aminiit a child to the house of refuge; and a certitiiMl cop3' of tlu^ record of in-oireedings must be Hied with the commitment of tlu^ child, and an abstract thereof endors(;d in the article of indenture, stating- the cause, and also the pm-son or jiersons before whom tried. Sec. 10 . Wheri'A^er occur the Avords “or person having its chai-ge,” the3- shall be intm-preted to mean Avhere there is no jiarent or guardian, or Avhere the ])arent or guardian luiAai [has] surrender(*d to such person the control and charge of t he (;hild. Sec. 11 . No aiiprenticeship of aiiA- child authorized 113- this act shall bar any right of appeal granted h(M-(‘i'n; but, if such appeal be sustained, the indentures shall be null and void. Sec. 12 . Any child committed to the house of refugi;, may be dis- chargiMl 1)3- the mayor of tlu' city of St. Louis, and 113- such other persons or officers as may be authorize(ri)3- the b3'-laws of the institution. Sec. 1 :L Nothing in this act shall be so constriUMl as to authorize the binding out of an3- juA-enih; deliiHiuent to a non-resident, 01- the employ- ment of such didiiKpient Avithout the State of Missouri. This acT to take etfect from and aft(*r its passage. Aiiproved, March 14 , I80I). 131 OBSTEUCTIONS TO XAVIGATION, ETC. AN ACT TO EXABLE THE CITY OF ST. LOUIS TO APPROPRIATE MONEY TO AID IN PRE- SERVING THE NAVIGATION OF THE MISSISSIPPI RIVER. Be it enacted by the General Assembly of the State of Missouri, as folloios : Section 1. The common council of tlie citj^ of St . Louis may appro- priate and pay an amount of mone}", not exceedin;^* ten thousand dollars, to assist in defraying the expenses of any suit or suits having’ in \t(‘\v the prevention or removal of any artificial obstructions to the luiA iyation of the 3Iississippi river, and may charge the same to the contingent fund or the harbor fund . This act shall take effect immediately upon its passage. Appi-oved, January 4, 1800. AN ACT CONCERNING STREET RAILROADS IN THE CITY OF ,ST. LOUIS. Be it enacted by the General Assembly of the State of Missoui'i, as follows : Section 1 . The St. Louis Railroad Company , the Missouri Railroad Com- pany, the Peoples’ Railway Company, and the Citizens’ Railway Com- pany, as heretofore organized under the “Act to authorize the formation of railroad associations, and to regulate the same.” approved December 13th, 1855, are hereby ratified and conlirmed in their respective rights under said law, ami the roads now built oi' commenced, and the guage of track established by said companies is sanctioned, and said guage of four feet ten inches is hereby recognized as the legal guage of all oilier street railroads that imi}" he hliilt in the city or county of St. Louis; said com- panies shall conform to and be governed liy said law concerning railroad associations, except as follows: Firsts said companies shall not he reipiired to carry freight; second^ the report made to the city comptroller shall be in lieu of ' the annual report required to be made to the Secretaiy of State liy the laws under Avhich said companies organized. Sec. 2. The rights confirmed to said companies shall not extend to or authorize the building by them of any road or roads on Clark avenue, Chesnut street. Pine street. Locust street, or Washington avenue, which streets are hereby reserved from such use, and all railroad tracks are for- ever prohibited on the streets named in this section; and in lieu of the track on Pine street, the Missouri Railroad Company may run the cars of their road on Eleventh and Renton streets, over the Olive street road, and the Citizens’ Railway Company may run the cars of their roads, heretofore authorized by the council, in connection with ACashington avi'iiue, over their iMorgan street road; and said companies may each consti-iict two additional switches, and a side track not exceeding one hundred and seventy feet in lengtli, to enable the cars to so run on Olive and Morgan streets; the switches on Morgan street may be east of the double track contemplated to be built. Sec. 3. No street railroad shall hereafter be constructed in the city of St. I.ouis nearer to a pamllel road than the third parallel street from any road now constructed, or which may hereafh'r be coiistrucfiMl, except the roads hei-einbefore mentioned; anil in consideration of the ])rivileges herein granted, the city of St. Louis is hereby expressly emiiowercd to inqiose and levy such tax and license upon said roads now constructed , or that may hereiifter be constructed, as the common council of said city may dehn’mine to lx; just and propiu*, and the said city may maki; siuii mu'nicipnl regulations concerning said street railroad as the public interest and convenience may re([uii-e, exc(‘pt to redu(*e tlx; rate of lari' charged by said companies as now fixed liy ordinance of the city of St. Louis. Sec. 4. Any comjiany now using a singh; track road, with turnouts upon any street or part of street, may change the same to a double track STIIEKT RAILlfOADH. ]:jr) at any time, provided they sliall lii-st obtain tlu^ consent, in w ritino-. of tlie owners of a majority in intei-c'St of the projK'i-ty fronting on the street or i)art of street desired to l)e so ehano’ed. But this provision sludl not api)ly to tliat part of Olive strc'et, between Fourth andTwelfth stivets, unless the majority in interest of that i)art of tli(‘ strec't give their written consent that a double track may be constructed on sliid part of 01iv(‘ street. 8kc. 5. The St. Lonis Railroad Com])any may extend their road north I’roni Salisbury street, along Broadway andBeilefontaine road, to the city limits, and may further extend the same to the Bellefontaine cemetery and the Calvary cemetery, and south from Gate street, along the Caroii- delet road, to the city limits, and may further extend said road through the St. Lonis commons to or through the cit}'^ of Carondelet, provided that before such extension is made tlirough any road or aveuiie outside the cities, the consent of the board of county commissioners shall be obtained, and the consent of the city council of Carondelet shall be obtained before running through any street of that city. Sec. G. The St. Louis Railroad Company may build a branch road to the fair grounds, along Bremen avenue and* other connecting streets, or by such other route as they may select, by the consent of tlie .common council, after first obtaining the consent of a majority in interest of the property-holdei-s on the route selected; and the Missouri Railroad Com- pmiy may build a branch road from tlieir terminus on Benton street, at Eigliteenth street, to the fair grounds, l)y such route as they may select, provided the}" tirst olitaiii the written coi'iseiit of the majority in interest of the property-holders on the route selected; and the lVoi)ies’ Railway Company may extend their road from St. Ange avenue, along Chouteau avenue, to the point where the Racilic railroad crosses said Chouteau avenue, jirovided the same is constructed within two years after the passage of this act; and the Missouri Railroad Company niay extend their road from the Junction of Olive sti*eet and Grand avenue to the king's highway, with the consent of the property-owners where the road runs. Sec. 7. The privileges heretofore granted by the city of St. Louis to Stephen I). Barlow, dames B. Eads, F. T^. Ridgeley, and th(*ir asso- ciates, nndei’the iiaimi of the Com[)ton Hill Railroad Ckimpany. are hereliy conlirmed, [irovided they shall oi'g’anize and commeiK.-e their road within six months after Lafayette avenue is gi-aded, and coinjilete the same within twelve months thereafter to Grand avenue, and said company may extent their road w<3st to Shaw’s botanical garden. Sec. 8. The Gravois Railroad Company, as authorized by tbe common council of St. Lonis, may construct their'road, lyromdul they will connect the same with the St. Louis railroad oi- the Feoples’ railway, at a i»oint on or south of Park avenue; provided fariher ^ that said road is coni- mencetl within six months, and completed within two 3 "ears. Sec. 0. Said railroad companies shall not be liable tbr injuries to per- sons occasioned by their getting on or otf the cars at the front or forward end of the cai-. Sec. 10. Nothing in this act shall be construed as authoirzing the Citizens’ Railway Company to construct a doubh; track road on Fraidut no damages shall be award(*d to any owner so petitioning. Sec. 11. Whenever any oiu* or moi’e of the oAvners of prop(‘rty which it may be necessary to take for ])ublic use in the ()])(“ning of any street, av(*nu'<‘, alley, or whaiT, by virtue of any ordinances of the city of St. Louis oixming’ such stixxd, avemue, alhsy, or Avharf, shall i)ropose to relimpiish such pi-o])ei-ty without claim of damages, on condition of exemption from })aym(M'it of benetits foi- furtlua* opening of such im- ])rovements, or uixiii other conditions, the land commissioner shall be 138 P ACIF IC E AlTAlOAl ) . autliorized to eoniproiiiise or agree witli siicli persons, and to remit, abate, and exempt them from the payment of damages in eonsideration of l)enetits, wholly oi’ partly, as equity maj' seem to reqnii-e, and ])roee(*d to condemn such otlier property as may not be relinguislied foj- the pur- pose, and to assess the damao-es and benetits thercdbr to and upon other pei'sons as may be damaged or benelited by such improvement, and report his proceedings to the council, anything in this act contained to the contrary notwithstanding. Sec. 12. "Judgments against the city on account of the damages to private parties in case of opening streets shall not be considered as ordinary judgments, but such shall be held in abeyance, and the city shall not take possession of the ground condemned until such judgments shall be conlirmed and appropriations made to pay the same out of the general revenue. Approved, January IG, 18G0. AN ACT TO AUTilORIZE THE CITY OP ST. LOUIS TO AID IX THE COMPLETION OP THE PACIFIC RAILROAD. Be it enacted by the General Assembly of the State of Missouri^ as foil ovjs : Section 1. The city of St. Louis is hereby authorized to make an additional subscription to the capital stock of the Pacific Eailroad to the amount of live hundred thousand dollars, or if tlie city council shall, by ordinance, so determine to loan to the Pacilic Eailroad, upon such time and terms as the best interests of the city demand, the sum of live hundred thousand dollars; the said subscription or loan to lie upon the express condition that the same is to be applied solely to the completion of the Pacilic railroad to the city of Kansas. Sec. 2. If the city of St. Louis shall make either the siibsciiption or loan authorized, thtni the city of St. Louis is fully authorized by ordi- nance to provide the means necessary for said subscription or loan, by causing a tax to be levied on all proiierty within the limits of said city subject to taxation for city purposes: Provided^ That the tax so levied shall not in any one year exceed the rate of one-lilth of one jier cent.; nor shall any such levy be made until the present county tax to pay the sub- scription to the cajiital stock of the St. Louis and Iron IMoiintain and the Nortli Missouii railroads shall have been linally levied; or said city of St. Louis may, liy ordinance, to meet said subscription or loan, cause to be issued anil delivered to the Pacilic Eailroad the bonds of the city of .St. Louis, in amounts of one thousand dollars each, having not more lhan twenty years to run, and bearing interest at the rate of not exceeding eight per cent, jier annum, and may, by ordinance, provide for the prompt payment of the same. Sec. 3. 'The city council of the city of St. Louis shall, by ordinance, provide for the sulimission of the question whether such loan'or subscrip- tion, above provided to be made, shall be made or not, to the qualilied voters of the city of St. Louis, before the same shall be made; and if a majority of the voters of said city shall vote for said loan or subscriidioii , the said subscription or loan shall be made; but if a majority of tin*, voters of the city of St. Louis shall vote against said siiljscrip'tion or loan, tluui the city of St. Louis shall have no power to make such subscri])tion or loan. This act is hereby declared to be a public act, and shall take elh'ct and be in foi-ce from and after its jiassage. Ai)proved, March 30, 18G0. 1‘0 L I CE COiM M I SS I( )NE PvS . 13U AN ACT CREATING A BOARD OF POLICE COMMISSIONERS, AND AUTHORIZING THE APPOINTMENT OF A POLICE FORCE, FOR THE CITY OF ST. LOUIS. Be it enacted by the General Assembly of the State of Missouri, as follov)s : Section 1. The conunoii council of the city of St. Louis iiiny pass ordinances for preserving- order, securing- property or iiersons from violence, danger, or destruction, jirotecting public and private property, and for promoting the great interests, and insuring the good governmeiit, of tlie city; but no ordinance hereliy passed, or that ma}" liereafter be passed, by the common council of St. Louis, shall in nny manner conflict or interfere M’itli the powers, or the exercise of the powers, of the board of l)oli(*e commissioners of the city of St. Louis, as hereinafter created; nor shall the said city, or any otheiu- or agent of the corporation of said city, or the mayor thereof, in any manner impede, obstruct, hinder, or inter- fere with, the said board of police, or any otticer, or agent, or servant, thereof or thereunder. Sec. 2. So much of the city charter and ordinances as authorize the mayor and common council to appoint, pay, and arm the police of said city, and protect tlie said police in the discharge of theii' duty, be, and the same, are, hereby repealed. Sec. 3. There shall be, and is hereby, established, within and for the city of St. Louis, a board of police, to lie called ‘■‘•The Police Commis- sioners of the City of St. Louis,” to consist of four commissioners, as is hereinafter provided, together with the mayor of said city for the time being, or whosoever may be lawfully acting- in that capacity. The said commissioners shall be citizens of the State of Missouri, and shall have been residents of the city of St. Tmuis for the period of three years next preceding their aiiiiointment. Thev shall, exceid as hereinafter sjjecitied, hold their otlices for four years, and until their respective successors shall have been appointed and (pialitied, and shall receive each a salary of one thousand doliai-s iier annum, jiayable quarterly, liefore entering on the duties of their said otlice, the said commissioners and tlu^ said mayor shall take and subscribe, liefore the judge of tlu' circuit court of St. Louis county, or the clerk thereof, the oath or allirmation ])res(a-ibed by the constitution of the State, of ^Missouri ; and shall also take and subscribe, before the same judge or clerk, the further oath or allirmation that, in any and (!V(“ry aiipointment or removal to be by them made to or from the jiolice force, created and to be organiz(*d by them under this act, tlu'y will, in no (aise, and und(*r no pretext, appoint or ri'inovc: any policimian. or ollicer of ])olice, or other person under them, for [or] on ai.-coimt of the jiolitical opinions of such ])oliceman, ollicer, or other ])erson, or for anj' other cause or reason than foi- tlu; titness or unfitness of fsuch person, in the, best judgment of the said commissioners, for the place to which he shall b(^ ai)])ointe(l, or from whiidi lu* shall Ih; removiid. The said oaths or allirmations shall be recorded and i)r(‘S(u-v(*d among the records of said circuit court. One of their own number shall, from time to time, b(‘, appointed, by said commissioners, treasurer of said board of police; and his apiiointment, when made, shall be c(*rtilied to the clerk of th(^ circuit court of th(! county of St. Louis, under the; seal of said lioard. Said treasurer shall hold his ollice for such term as may lx; d(‘signat('d liy tin; commissioners, who may remove him at pleasure;, and shall be entitled to additional comiKuisation, at the rate* eif live himelreel eleillars ])er annum, fen- aeiing- in that e-apae-itv. Ih'tbre he; ente*rs ein the eluties e)f his efllice as tr(*asnrer, he shall give* be)nel te) the State* e)f IMisseiuri, with eine eer me)re securities, in the; ])e*nally eef fifty theeiisanel eleellars, e-einelitieined tor the faithful elisefliarge; eef his ehitie*s as treasure'r eif the boarel e)f pe)lie;e;, anel for the faithful aiiplicatiein anel payment e)ve;r, pm-suant te) the e)rele;r anel elii-e*c- tion e)f said ieeearel, eef all me)ne*ys whie-h may e*ome; te) his hanels as ti‘e*as- iirer. The; bonel e)f the* treasurer shall be approve'd by the jnelge* e)f the circuit etonrt e)f the* e-nnnty e)f St. Leeuis, anel shall be ele*livere*el te) anel safely ke*pt by the tre*asurer of St. JA)uis e*e)unty. A majeerity e)f the* l)e)arel of police shall constitute a epiorum, anel the failure or refusal of the mayor 140 POLICE COMMISSIONERS. or acting mayor of the city of St. Louis to qualify or act liereuuder, shall ill nowise inqiair the rigiit or duty of said commissioners to organize and ])roceed as herein iirovided. Jn case a vacancy shall occur in said hoard, the same shall lie tilled hy the governor of the State of Missouri forthwith, after having heen notitied that such vacancy exists. Any one of said com- missioners who, during his term of othce, shall accept any other place of public trust or emolument, or who, during the same period, shall know- ingly receive any nomination for an otlice elective by the people, without publicly declining the same within twenty days succeeding said nomina- tion, shall be deemed to have thereby Aaicated'his otlice. For othcial mis- conduct, any of said commissioners* may be removed li}^ the governor of the State of Missouri, upon his being fidlj'^ satistied that the commissioner is guilt}" of the alleged official misconduct. Sec. 4. The governor of the State of Missouri, by and w'itli the advice and consent of the senate, shall, without unnecessary delay, appoint the four commissioners provided for in the last preceding section, and said commissioners shall hold their offices, tw o of them for tw "0 years, and two of them tor four years, from the date of their ai)pointnients, and until their successors shall have l)een appointed and qualitied. The gov- ernor shall issue commissions to the persons so appointed, designating the time for wTiich they are severally appointed; and w'henever the term of office of any commissioner expires, the appointment of his successor shall be for four years. Sec. 5. The duties of the board of police hereby created shall be as folio w"s: They shall, at all times of the day and night, w'ithin tlie bound- aries of the city of St. Louis, as well on water as on land, preserve the public peace; prevent crime and arrest otiendei-s; i)rotect the rights of persons and property; guard the public health; })reserve order at every public election, and at all })ublic meetings and places, and on all pidjlic occasions; prevent and remove nuisances on all streets, highways, waters and other places; provide a proper police force at every tire for tiie pro- tection of lirenien and property; protect emigrants and travelers, at steamboat landings and railway' stations; see that all huvs relating to elections and to the observance of Sunday, and regulating pawnbrokers, gamblers, inteni])erance, lotteries and lottery policies, vagrants, disor- derly persons, slaves and free negroes, and tlie public health, are enforced. They shall also enforce ail hnvs and all ordinances passed, or wTiich may hereafter be i)assed, by the common council of the city of St. Louis, not inconsistent with the provisions of this act, or any other law' of the State, wTiicli may be proi)erly enforcea1)le by a police force. In case tiiey shall liave reason to l)elieve that any person within said city intends to commit any breach of the peace, or violation of law- or order beyond the city limits, any ])erson cliarged with tlie commission of crime in the city Ojf 'St. Louis, and against w hom criminal process shall have issued, may be arrested upon the same in any part of this State by the police force created or authorized by this act: Provided, however, That before the person so arrested shall be* removed from the county in wliich sucli aiTCst is made, he shall be taken biTore some judge or justice of the peace of that county to w Iioni the papers authorizing such arrest slndl be submitted, and the person so arrested shall not be removed from said county, but shall be forthwith discharged unless such judge or justice of the ])eace shall aiiprove and endorse said pajiers. The said police com- missioners, or either of them, shall have power to administer oaths or affirmations on the premises to any iierson appearing or called before them. They shall also have the 'iiow'er to summon and comjxl the attendance of wltjiesses befoi-e them w henever it may be lu'cessary for the more elfectnal discharge of their duties. Sec. (). To enable the said board to perform the did ii's imposed upon them, they are hereby authorized and reipiired, as s])(‘e(lily as may b(‘, to ajipoint, enroll, and enqiloy a permanent jiolice force for the city of St. lamis, which they shall (xjuip and arm as they may judgi* necessnry. Till* number of polic(*men to be so apjiointed and (miiiloyiMl . (>xelusiv(‘ly of officers, shall, at the tirst organization, be not (‘xcei'ding tli(‘ nimdx'r now" employed by the corjiorate authorities of the city of St. Louis; with rOL I CE COAIM ISS I ONEES . 141 power, however, to reduce that munher, or increase it not more tlnin twenty-live, as exix'rience may warrant: Provided, lumever,, Tliat foi- any extraordinary emergencies the board may raise sncli additional force as the exigeney may, in their Jndg-ement, "demand. No person shall be appointed or emi)loyed as policeman, or ollicer of police, who shall have been eonvicttal of, or against whom any indictment may b(? pending for any olfense, the i)nnislnnent of which may be continenient in the peni- tei'itiary ; nor shall any person be so appointed who is notoriously of bad character, or who is not a citizen of the United Htates, or who is not able to read riiid write the English language, or who does not possess ordinary physical strength and courage. The policemen shall be employed to serve for four years, and be sid)ject to removal only for cause, after a hear- ing b}" the board, who are hereby invested with exclusive jurisdiction on [in ] the premises. Any policeman whose time of service shall expire, and who during his appbiiitment shall have faithfully performed his duty, shall, if otherwise (lualitied, be preferred by the hoard in making their new appointments. Sec. 7. The officers of police shall be as follows: One chief of police, three captains, three lieutenants, not exceeding twelve sergeants, and four turnkeys. They shall be appointed by the board for such time as the board shall determine, and be sul)ject to removal by the board for cause. Sec. 8. The pay of the ordinary policemen shall be ten dollars a week, payable semi-monthly; and in case the Ijoard shall appoint detective policemen, which they may do to the number of live, the detectives shall receive a like sum, payable semi-monthly. Sec. 9. The officers of the police shall be paid semi-monthly, and their pay shall be as follows: The chief shall receive two thousand dollars a year, each captain thirteen dollars a week, each lieutenant elevcm dollars and lifty cents a week, each sergeant ten dollars and tifty cents a week, and eacli tin-nk(*y eight dollars and lifty cents a week. Sec. 10. Whenever any vacancy shall take i)lace in any grade of offi- cers, except the chief, it" shall be lilled from the next lowest grade, if competent men can be found therein. The board of police are hereby authorized to make all such rules and regnlations, not inconsistent with this act, as they may judge necessaiy, for the appointment, emj)lo} inent, uniforming, discipline, trial and government of the i)olice, and for the relief and comi)ensation of memlx'rs of the p<)li(‘(‘ forces injured in jicrson or property in tlu* discharge of their duty, and the families of the officers or men killed while in such discharge* of "duty : Provided, That tlui allow- ance shall not exceed, in any one instance, twelve months’ pay. The said hoard shall also have jeower to reepiire of any officer or policemen, bond with securities, wlum tlu'y may consid(*r it d(*manded by the lenblic intei’cst. All lawful rules and regnlations of the board shall be obeyed by the* [)olice force, on pain of dismissal, or such other lighter ])unlshnient, either by suspension, line, i-ednction, or forfeiture of pay, or otherwise as the board may adjudge. Sec. 11. No officei* of i)olice or polic(*man shall be allowed to receive anj" money, or gratuity, or compensation, for any services he may render, without the consent of the said board; and all such moneys, as any policeman or ])olice officer may be so permitted to rec(‘ive, sliall be paid over to the board, and, togetlu*r with the proceeds of all lines, foiTeitures, and unreclaimed proi)e)-ty, which may come to the i)ossession of the board, or be recovered by thc'in under'the ])rovisions of this act, or any other law or ordinance*, shall form a fund, which the board may ai)ply toward the allowance to policenuai, and officers of jx)! ice, and their families, as hei‘(*inbefore authorized, and for extra ])ay for such memb(*rs of their force as gallantry and good conduct, on extraordinary occasions, maybe adjudg(*(T to merit it. Sec. 12. The said board shall be and th(*y are her(*by authorized to provide themselves with such officer and ollice furniture, and such clerks and other snboi‘dlnat(*s, as tlnw may ne(*d; and to have and to ns(' a coin- mon seal. They shall divide the city into the needful nnmber of police disti’icts, and i)rovide in (*ach of them, if necccssary, a station-house, or houses, with all things and attendants required for the same, and all such 142 POLICE COMMISSIONERS . other accoiiiinodatioiis as may l)e requinal for the use of tlie police. The said hoard, for all the puri)()ses of this act, shall have the use of the tire alarm teh'ii-raph of the city of St. Louis, for police purposes, and of all station-houses, watch-boxes, tire-arms, ecpiipmeiits, accouterments, and other accommodations and things heretofore pi-ovided l)y the city of St. Louis, for the use and service of the police, as fully, aiufto saimCextent, as the same are now and may be used by oi- for tlie present police; and the mayor and common council, and all persons and municipal otlicers in charge thereof, are hereby ordered and ]-equii-ed to allow such use accord- ingly. In case the said mayor and common council of said city, or its otiic'ers or agents, refuse or neglect to allow such use, as and when the same shall be required by said l)oard, the said board may apply to the cir- cuit court of the county of St. Louis, in the name of the State, for a mandamus to compel a compliance with the provisions of this section, and the application thereof shall be heard and decided by the court. One week’s notice of the application shall be given, and 'the respondent or respondents shall have the light to answer within the week; and if testi- moiw be needed on either side, the same shall be taken witiiin ten days after the answer is tiled, or the said week shall have expired. Erom tlie decision of the circuit court in the premises, either party may appeal within ten days; and it shall be the duty ot the clerk of said court to send up the record' immediately, and the appeal shall be heard by the supreme court, if then in session, and if not in session, at the next term, in both courts. The case shall be taken up and tried in preference to all others. Sec. 13. It shall be the duty of the sheritf of Si. Louis county, when- ever called on for that purpose by said board, to act under their control for the iireservation of the public peace and quiet, and, if ordered by them to do so, he shall summon the posse cornitatus for that purpose; and hold and employ such iiosse, suliject to their discretion. In case the board shall deem it necessaiy, they shall have authority, in accordance with the laws now in force, or hereafter enacted, to call out such of the mditaiy force lawfully organized or existing in the said city, or, as they may see tit, to aid them in preventing threatened disorder or opposition to the laws, or in suppressing insurrection, riot or disorder, at all times. xVnd it shall be the dut}^ of tlie said military force to obey such directions as may be given them by the said board, whenever the exigency or circumstances may in their judgment warrant it. The said board shall have the power to assume the control and command of all consei'vators of the peace of the city of ,St. Louis, whether sheriff, constables, policemen, or others, and they shall act uiidiT the oi'ders of the said board, and not otherwise; and in case of the refusal of the said sheriff*, or x>olicemen, constables, or other jieace officer or iierson, to obey any lawful command of the said board, under the pi’ovisions of this section, thev shall respect- ively to the penalties following, that is to say: the said sheriff* to a penalty of live thousand dollars, any peace officer' to a i)enalty of live hundred dollars, any inivate citizen to a penalty of one hundred and lifty dollars; said ])enaltjes to be i-ecovered by said board by civil action, in the name of the State; and any officer, in any military force in the eity of St. Louis, oig’anized or existing under the laws of this State, who, being called upon b,v said board as aforesaid, shall refuse or willfully tail to call out the force under his command, or to obey the directions of said board, or to enforce, by all lawful means, the performance of the duties to said force assigned, shall be liable to a penaltv of live hundred dollars, and any interior officer or private of such force who shall refuses or willtully fail to ob(*y the sum- mons or order of his i)ropei' suixaloi’ officer, in such behalf issiu'd, shall be lialffe to a penalty of one hundred and lifty dollars; such penalti(‘S to be recoverable as aforesaid. Sec. 14. So soon as the board creahal by this act shall hold their lii-st meeting, it shall be their duty to inform tlie eity marshal, tlu* chief of ])olice, th(^ captain of policiq and othei’ officers or tin', iiolici* of th(> dty of St. I.ouis, that they re(pni-(‘ tlulr attendance upon them and ol)(‘di(m(‘e to tlidr oi'd(*i‘s, which attendance the officers so notilied shall b(‘ bound, respectively, to give under a penalty of live hundred dollars each, to lx* recovered by action at law, instituted by said board in the name ot the POLICE COMM ISSIONEKS. 143 State, for failure to altcMid as recjiiiriHl, and for eaeli and ('viuy fai]ui-(' to obey tli(' hnvful order of said board. Eroiii and aft(‘r the first lueeling afoivsaid. the wliole of the tluai (‘xistiii^ i)oliee foi'ce in tlie city of St. Louis, botli ollieers and lueii, shall pass under the exclusive mauageiiieiit and control of the said board, and be subject to no othei- control , and entitled to receive' neither orders or i)ay (except arrearages then due) troin any other authority , and shall so continue, subject, however, to removal oi- suspension at tlie disci-('tion of said board, and with the power in said boai-d to till vacancies, until the said board shall pulelicly declare that the oiyanization of the police force, created by this act, is complete. Upon such [)iiblic declaration, and from the time thereof thenceforward, all ordi- nances of the city of St. Louis are hereby annulled and declared void so far as tlu'y contlict with this act, or assume or confer upon the mayor, or any other person or persons, the power to appoint, dismiss, or in anyway, or to any extent, employ or control any police force organized, or to be oi-ganized. under such ordinance, or any of them; and from and after such public declaration, as aforesaid, the police force organized, or which may be organized, under such ordinance, or any of them, shall cease to exist, and all its functions and powers be at an end. Sec, 15. It shall be the duty of the said board, with all convenient speed, after (pialitying as aforesaid, and annnally theuceforward, to e.'^ti- mate Avhat sum of money will be necessary for eacli current liscal year to enal)le them to discharge the duties hereby imposed upon them, and they shall forthwith certify the same to the board of common council of the city of St. J.ouis, who are hereb}" required, in tlie tirst apiiropriation ordinance of the tiscal year, to set apart and appropriate the amount so certitied, payable out of the net annual revenue of said city of St. T^ouis, after liaVing lirst deducted the amount necessary to pay the interest upon the indebtedness of said city, the amount necessary for tlie expenses of the city hospital and health department, the amount necessary for the expense of lighting the city with gas, and the sum often thousand dollars rcipiired by law, to be jilaced to the credit of the sinking fund of said city. The said board of police, ujion and after having ipialitied as afoi-esaid, are hereby anthoi-ized to make reipiisition, from time to time, uiion the mayor, auditor, comptroller, or other proper disbursing otlicer or ollieers of the coi'iioration of the city of St. Louis, for such sums of money as they may deem necessary for executing their duties niidi'r this act, and the sums so reipiired shall be ])aid liy said jiroper disbursing otlicer or ottic(*rs, out of any moneys in the city treasury not ap^iropriated to the specitic purpose above enumerated: Provided, however. That the same shall not (*xceed, in any one year, the anioimt appropriated by the city of St. Louis for maintaining the jiolice of that city (hiring the ytair one thousand eight hnndri'd and sixty: And, That the amount so iv([nired, or drawn, shall not exceed, in any one year, the amount so, as aforc'said, certilii'd for that j'ear to the common council aforesaid; and, in case the common council shall fail to make such appropriation, or tin* said disbursing ollici'r or ollieers shall not fortii\\'ith jiay ov(*r th(( amount of such reipiisition as made, it shall be the dnt}' of said board, and tluiy are h(*i-eby authorized and recjuired, to issue cei-titicat(*s of indebtedness in the nann* of the city of St. Louis, in such amoimts as they may deem advisabh', for the amount of such reipiisition, i-espectively , bearing interest at ten per cent, iierannnm, jiayable not more than twelve months afterdate, and sigiK'd by a majority of the board; and to raise tin* money on said (*('rtili- cate by pledging or disposing of the same, which c(‘rtilicate shall be receivable at jiar in iiayment of all city taxes, and b(‘ as binding uiion said coriioration, and be as recoverable agiiinst it, as if the common council of St. Louis had themselves authorized the issuing of said certilicates. The common council of the city of St. Louis shall have no iiower or authority to levy or collect any tax, or approjiriate any money for the jiayni 'iit of any police force, otlua* than that to lie organized and (*niployed under this act. No otlicer or servant of the mayor [or] the common council of said city of St. Louis, shall disburse any iiioiwy lor the paynn'iit of any police forc(! other than that to be organiziHl and enijiloyed under this act, and the power of said mayor and common council to appropriate and disburse 144 EELIEF FOE THE CFFY. iiioiiej" tor tlie payment of the police force, to be organized or employ etl under this act, shall be exercised as in this section directed, and not otherwise. In case the amount, as aforesaid, to be estimated by tlie said ])oard shall, from an}" unforeseen cause, prove insiiflicient for tin* neces- sary expenses of the current year, the said board are hereby authorized and empowered to issue certihcates , and raise money therefrom, as hereinbefore provided, to meet the exigency: Provided^ howe'cer^ That no such additional issue shall exceed the sum of ten thousand dollars in any one year; and that the amount thereof shall be added to the appro- priation for the year next ensuing, and that the said certihcates shall not be made payable at any earlier day than the hrst day of November next al’te]* the issuing of the same, and shall not be receivable in payment of city taxes earlier than those for the year in which they shidl be so payable . Sec. 17. Any officer or servant of the mayor or common council of the city of St. Louis, or other person whatsoever, who shall forcibly resist or obstruct the execution or enforcement of any of the provisions of this act, providing a permanent police for the city of St. Louis, or relating to the same, or who shall hinder or obstruct the organization of said board of police, or the police force hereinbefore i)rovided to be organized, or who shall maintain or control, or attempt to maintain and control, the existing police force of said city, or any part thereof, or any other police force under the ordinances and acts herein and hereby repealed, except as herein provided, shall be liable to a penalty of one thousand dollars for each and every such offense, recoverable by the board by action of law, in the name of the State, and shall forever there- after be disqualitied from holding or exercising any office or employment whatsoever, under the mayor or common council of St. Louis, or under this act: Provided, /io?c by the shoritf to the purcliascM- of ival estate sold under this aet, the defendant in the (‘X(H*ntion or his h'^'al re])res(3ntatives shall 1x3 entitled to ree(‘iv(‘ tVoni the eoinptroller all the surplus of the purchase money over and above the amount of the execution; and the comptroller shall pay over to such defendant in the execution, or his le^al representatives, ail such surplus, upon demand, when the time for redemption of real property sold shall have expired, or where the purchase money may be for personal property sold. Sec. 15. Ai)peals' to the St. Louis land court shall be allowed from the judgment of the justice, in all cases prosecuted under this act in the manner prescribed for api)eals in otlier civil cases; and where the defend- ant ai)peal, if the judg-ment of the justice be affirmed, or if on the trial anew in the appellate coui-t, judgment be given against the appellant, such judgment shall be rendered against liim and his securities in the recognizance as in other cases of appeal, with ten per centum interest added thei-eto as damages; but no appeal shall in anywise attect or impair the lien of the city upon tlie property proceeded against. 8ec. 16. Any constable for the city of 8t. Louis is hereby authorized to execute any process which may come into his hands, under this act, anywhere in the county of St. Louis. Sec. 17. No property whatever shall be exempt from sale on execu- tion for the payment of taxes now due, or hereafter to become due, to the city of St. Louis. Sec. 18. All acts or jxirts of acts contraiy to, or inconsistent with, the provisions of this act are hen'hy repealed. This act to be in force and take effect from and after its passage. Appioved, January 17, 1863. AN ACT TO EXABLE TUE MISSOURI RAILROAD CO.MPAXV TO LAY A TRACK ALONG CERTAIN STREETS IN THE CITY OF ST. LOUIS. Be it enacted by the General Asaemhly of the State of Missouri, as folhnvs : Section 1. The Missoiul Railroad Company are h(‘rel)y autliorized to lay a railroad track in the city of St. Louis, along Sixtli street, from Mar- ket street to Chesuut street; Ihence westwardly, along fdiesnut sti'e(‘t, to Ninetecmth street; th(3nce southwardly, along Niiieti^enth street, to Mar- ket sti-eet; thence westwardly, along' Market street, to Adolphe sti-eet; thence southwardly, along ^Vdolphe str(H*t, to Clark avenue; tlumce w(\st- wardly, along (dark aveiuu;, to Summit aviMiiK*; thence northwai-dly, along Summit aveniU3, to Market street or Manclu'ster road; thenci' east- wardly, along said road, to connect with the track now laid along said road . Sec. 2. Until such time as Chesnut streiit shall be graded and macad- amized from Eighteenth to Ninetmmth street, the said I'ailroiid com|)any is authorized to lay a track along Eighteenth street, from Chesuut street, to connect with the ti’ack now or to be laid in Market street, d'lu' track in Adolphe street, Clark avenue and Sunmut avenue, and Market street I’oad, shall he laid within six months after tlu* sanuj shall have been gradinl and macadamized. The said company is hereby authorized to lay a track, comu'cting the tracks now laid on Market and Olive streets, along any street west of Eighteenth street. Sec. 3. The fon'goiug authority is granh'd to said company: Provided, It reliiKjuishes the right to lay a double track along Mai-ket street, gi’anteil by an act of the General As'sembly of the State Of Missouri, appi'oved January 16, 1860: and provided, further^ That th(‘ said company shall take up tlu; swltch{;s now laid in Market street so soon as the tracks h(;rein authorized to be laid shall have lieen made available for u.se. Sec. 4. This acJ to taki; (;ffect and be in force trom and after its passage. Aiiproved, January 21, 1863. 150 ASSESSMENT OF TAXES— CITY DEBT. AN ACT EXPLANATORY OF AN “ACT IN RELATION TO TUB ASSESSMENT AND COLLEC- TION OF TAXES IN THE CITY OF ST. LOUIS, LEVIED FOR THE PURPOSES OF THE GOVERNMENT THEREOF,” APPROVED JANUARY 17, 1865. Be it enacted by the General Assembly of the State of Missow'i^ as follows: Section 1. The niiith section of the act to which this is explanatory is hereby amended by striking out the words ^ scire facias f ^ in tiie third line said section, and inserting in lien thereof, '■‘•fieri facias. ' ’ Sec. 2. This act to be in force from its passage. Approved, February 14, 1863. AN ACT TO SUSPEND THE OPERATION OP A PORTION OF AN ACT ENTITLED “AN ACT TO PROVIDE FOR THE REDUCTION OF THE CITY DEBT OF THE CITY OF ST. LOUIS,” APPROVED MARCH 5, 1855 Be it enacted by the General Assembly of the State of Missouri., as follows : Section 1. All coupons held b}" the fund commissioner, which are payable by the city of St. Louis, and which matured prior to the first day of January, A. D. 1864, shall be canceled in the same mnnner as bonds purchased by him are canceled, and he shall be credited with tlie same. All installments of ten thousand dollars per annum, due and nn])aid to the fund commis.sioner prior to the first day of January, A. D. 1864, which are provided to be paid by the treasurer of the city, out of the general revenue of the city, on the" first Monday of October in each year, shall not be so paid, and the fund commissioner shall not be entitled to receive any portion thereof. Approved, February 14, 1863. AN ACT TO AMEND AN ACT ENTITLED “AN ACT FOR THE RELIEF OF THE CITY OF ST, LOUIS,” APPROVED MAY 13, 1861. Be it enacted by the General Assembly of the State of Missouri : Section 1. Section three of the act entitled an act for the relief of the city of St. Louis aforesaid, approved May 13, 1861, is hereby amemled as follows: The city comptroller and the city treasurer are hereby appointed as commissioners in lieu and in the place of James II. Lucas, Louis C. Gamier, and I). H. Armstrong, to do and perform all the acts and things authorized and required to be done and performed by said commissioners in said act, and the said Lucas, Gamier, and Armstrong shall C(*ase to act as such commissioners, and their authority to act as such shall be termi- nated upon the passage of this act. Sec. 2. Within thirty days after the ])assage of this act, the said Lucas, Gamier, and Armstrong shall make out a written statement, (‘ach for himself, of the amount of city treasury warrants provided, and signed and issued by each of them, and the time of the delivery of each issue, and the amount thereof, to the treasurer, which statenumt shall bi' sworn to by the jierson making the same, and shall be furnished to the comp- troller, who shall lile tiie sani(‘, in his ollice; the jqiplications upon which such issues were made ti’om the mayor nml comptrolhn* shall also Ix' Hied at the sanu^ tune in said ollice; the plah's and oth(‘r proixn-ty purchased by said commissioners for the uses and purposes of said issiuvs shall also at I BELIEF OE THE CITY —WATERWORKS. IT)] the same time be transferred to the said C()mi)tro]ler, to*ned or unsigned. Sec. 8. A tail nre on the part of said commissioners, James II. Taicas, Louis C. Gamier, and I). II. Armstrong to comply with each and every one of the requirements contained in the second section of this act, shail subject them, and each of them, to a penalty as follows, to- wit: If such requirements are not fully complied with within the thirty days aforesaid, for each day after the expiration of such time they, and each of them, shall be liable to pay to the city of St. Louis the sum of one thousand dollars, recoverable in any court having jurisdiction of the same. Sec . 4. When said commissioners have fully complied with the require- ments of this act, the auditor of the city of St. I.ouis shall audit and allow, and upon his requisition the treasurer of said city shall pay to said commissioners the amount of money paid by them for the plates, printing, and other property procured by them for the issuing of said treasuiy warrants, as also a reasonable compensation for clerk hire, if any, accord- ing to the i)rovisions of the lifth section of the act to which this act is amendatory. Sec. 5. The city comptroller and city treasurer of the city of St. Louis are authorized ami re([uired, after thirty days from the ])assage of this act, to issue the amount of city treasury waVrants which have mit been issne(l by the said commissionei's, Lucas, Garniei*, and Armstrong, on the day of the passage of this act; and all the powers and anthoiity contained in the act to which this act is amendatory ai*e hen'by conferred upon the city comptroller and the city treasurer aforesaid, in reference to tlie issue of said treasury warrants. Sec. 0. The issue of city treasury warrants anew in place of such of the issues as may be returned into the city treasury mutilated and worn, is hereby authorized, as also the issue of three hundred thousand dollars of similar wari-ants, snbject to the action of the common council. Approved, March 28, 1808. AN ACT TO ENABLE TUB CITY OF ST. LOUIS TO EXTEND THE WATERWORKS THEREOF, AND FOR OTHER PURPOSES. ^ Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1 . 44ie city of St. Louis is hereby authoriz(‘d, by and through the agency of tive commissionei's, to be apiiointed in the manner herein- after jirovided, to take, hold, and convey to, into and through the said city, the water of tlu* ^Mississippi river, from any jioint On saicl river; and may also take and hold, by imrchase or otherwise, an,y lands or real estate neces.sary for laying and maintaining aipieducts for conducting, discharg- ing, disjiosing of and disti-ibuting water, and for forming reservoirs. Sec. 2. The said city may, by and through tin* same agency, make or build one or more permammt res(*rvoirs at the ])oints hereinlxdbre named, or in said city; and may carry and conduct any aipieduct or other works, by them to be made or construct(*d, over or under any water-course, or any striiet, turiqiike road, railroad, highway, or other way, in such man- ner as to not nnnecessarily obstruct or imp(*de travel thereon; and may enter upon and dig uj) any such street, road, or way, for the purpose of laying down pipes beneath the surface thereof, and' for maintaining and rejiairing tin* same; and may occupy, for reservoir imrposes, all public highways which cut the ground selected for reservoirs; and, in general. 152 WATERWORKS. do any other nets and things necessaiy, or convenient and proper, for the l)urposes of this act. Sec. 3. Four coniniissioners slnill be elected by tlie board ot common council of said city, who shall b(! citizens of the United States, residents and tax-payers of the city of St. Ta^uis — tliret'-fourths of the members elect being necessary to an election; and the mayor of said city shall be a commissioner, ex ojficio^ for the time being. Said commissioners shall, during their continuance in office, execute and perform, and superintend and direct, the execution and performance ot all tlie works, matters and things mentioned in the preceding sections, which are not otherwise specially provided for in this act; they shall be suljject to such ordinances, rules and regulations in the execution of their said ti*ust as the common council may from time to time ordain and establish, not inconsistent with the provisions of this act or the laws of this State; they shall, respectively, hold their offices for the term of five years next after their said election, unless the works aforesaid shall be sooner completed; but they, or either of them, after having had an opportunity to be heard in his or their defense, may l)e removed at any time by a vote of two-thirds of the com- mon council; and in case of a vacancy in the board of commissioners, bj" death, resignation, removal, or otherwise, such vacancy shall be tilled by the common council, who shall hold his office for the residue of the said term of five years, with all the powers and subject to all the resti-ictions aforesaid. A major part of said commissioners shall be a quorum for the exercise of the powers and the performance of the duties of said office; they shall, once in every six months, and whenever re(iuired by the com- mon council, make and present, in writing, a particulai- report and state- ment of all their acts and proceedings, and of the condition and progress of the works Jiforesaid. The common council shall provide by ordinance the manner of letting out the work herein authorized to be done; and the general i)lan of said w'orks shall be approved by the common council before any part thereof shall be executed. Hec. 4. Before the election of the commissioners aforesaid, the com- mon council shall establish and hx the salaries or compensation to be paid to the commissioners for their services; and the said salaries of the said commissioners, so established and fixed as aforesaid, shall not be reduced noi- increased during their continuance, i-espectively , in said office. _ . Sec. 5. Whenever the said office of commissioners shall cease, either by the expiration of the said term of live years from the original election, or by the comi)letion of the works mentioned in the preceding sections of this'act, all the rights, powers and authority «-iven to the city of St. Louis by this act shall be exercised by the siiid city, subject to all the duties, liabilities and restrictions herein contained, in such manner, and by such agents, officers and servants, as the common council shall, from tinie to time, oi'dain, appoint, and direct. Sec. 6 . The said city of St. Louis shall be liable to pay all damages that shall be sustaim'd by any pei-sons, in tlnur ])roperty, by the taking of any lands or real estate, or i)ublic streets or highways for the purpose of this act; and if the owner of lands or real estate, which shall be taken as aforesaid, or which may be pei-mancntly injured in value by the taking of any street or highway, shall not agree upon the damng(‘s to be taken therefore [therefor], he may apply Iw ])etition for tlu^ assessment of his damages at any time within oih‘ ja'ar from the taking of such lands or real estate, and not aftei*wards, to' the circuit court of St. Louis county, such petition may be filed in the clerk's office of said court in vacation, or in term time, and the clerk shall ther(‘Ui)on issue a summons to the city of St. Louis, returnable, if issued in vacation, to the tluMi m'xt term of the same court, and if in tenn time, returnable on such day as the said court shall ordcu- to appear and answer to the said petition. The said summons shall be served twenty days at least lad'ore tln‘ ndui-n d:iy tlK'reof, by h*aving a copy Iberoof, aiul of said p(4ition ccMtiruHl to by tin* officer who shall serve the same, with the mayor of the said city; and tin* said court may, ui)on default or h(*:iring of said city, appoint tbr(‘e judi- cious and disi'nten'sted fre(‘bolders of tin* (.-ounty of St. Louis, who shall, after reasonal)le notice to the parties, assess the damages, if any, which WA'J'KIIWOKKS. 158 such jx'titioiH'r iiuiy sustniiKMl as aforosaid, and the award of said fiveh()ld(M's, or tlu' nuijor part, of tluaii, retuiMied into, and ac(‘(;pt(!d hy. th(‘ said court slinll he tiual, and jud;i>;’iueut sliall ])(• rendered and execution issued th(‘re:on. for th(‘ ])iH^vairm^’ party, with costs, unless oih‘ of said pnrties shall elaini a trial by jury, as lieivinafha* provided. If ('itluM- of the parti('s shall he dissatisfied with th(‘ awaial of dania,;[»;(‘s as hei'ein expl•(^ssed , such pai-ty may, at the tiaan at which said awaial was accepted, oi- at the next teri’ii thereafter, claim, in writin<^, a trial in said court, and have a jury lo hear and determine at the bar of said coni-t, all (piestions of fact relatin'): to said damao-es. and to assess the amount thereof; and the verdict of said jury, bein'): accepted and recorded by said (a)nrt, shall be tinal and conclusive, and jnd«:nient shall be rendered and (“xeention issued thereon; and costs shall be recovered by said parties, respectively, as may be ordered by the said court. In every case of a l)etition to the circuit court by any person for the assessment of da mao-es as hereiidxdbre provid(‘d, tlie city of St. Louis, by any of its otticers, may tender to the complainant any sum that it shall tliink proper, or it may brin<^ the same into court to be paid to the comjdainant for the damages claimed in his petition, and if the comjdainant shall not accept the same with his costs up to the time, but shall proceed in the suit, he shall be entitled to his costs up to the time of the tender or such payment into court, and not afterward; and the said city shall be entitled to recover costs afterward, unless the claimant shall recover greater damages than were so oft(*red. Sec 7. For the pm-pose of defraying all the costs and expenses of such lands and real estate as shall be taken, pui-chased or held for the i)nrposes mentioned in this act, and of constructing all works necessary and i)roper foi- the accomplishment of the said purposes, and all expenses incident thereto, the common council shall have authority to issue, and shall issue, from time to time, bonds or c(*rtilicates of debt, to be denominated, on tlui face thereof, “St. Louis Water IJonds,” Avitli this act printed on the reverse side, Lo an amount not exc(‘eding, in the whole, the sum of three millions of dollars, b(*aring interc'st at a rate not (‘xceeding six per cent. l)er annum; and said interest shall be payable semi-annually, and the ])rincipal shall be payable at periods not more than thirty nor less than twent}^ years from the issuing of said bonds oi' certillcat(‘s of debt, r(!spe(‘t- ively. And the said commissioners may sell the same, or any part thereof, from tim(‘ to time, at public; oi* private sale;, or ph'dge the same foi* money bori-owed foi- tin* ])urchases aforesaid, on such terms and conditions as the said commissioners shall judge ])rop(.*r. Such ])ledges shall not be of a greater amount than tlfty thousand dollai-s at any time, and the common council shall authorize said (;ommlssioners to sell said bonds, fi’om time to time, or whenever th(‘ nec(‘sslties of said woi’ks shall recpiire su(*h sale to Ixi made. Such bonds, when held by a citizen of the Stab' of Missouri, shall be exc'inpt from taxation therc'on. All bonds or certilicatc'S of d(d)t, to be issued as aforesaid, shall be sigiu'd by the mayor and countersigned by the coini)troller and ti’c'asurc'i* of said (;ity; and a rc'cord of all such bonds, or certllicates of dc'bt, shall lx; made and kept by the said comp- trolh'i* and treasunu’, i-(;sp(;(;tiv('ly . The proc-eeds of tlx' sahis and pledge's of said bonds shall be placc'd on (Ujposit in any banking institution that may be designab'd by the common council, foi- which said institution shall give satisfactory security, to lx; approved by said council; and all moneys . to be paid on ac(;ount of said works shall be drawn uiion warrants signed by a majority of said commissioners, which warrants shall lx; (xmnter- signed by the mayor and comptroller; ajid if said commission(*rs, or any ot them, shall use of any of said mom'y for his or tlx'ii- iirivate purposes, shall, upon (;onvictlon of the fac.-t Ix'forc' tin; criminal court, be imprisoned in the iState prison not less than two nor more than live years. Se(X 8. U'he common council may, from time; to time, rc'gulate the prices or ri'iits for the use of water supplii'd by the works now in (;xist- ence and those hen*in authoi-izc'd to be construcb;d, with a vi(;w to the ])aym(;nt, from the net income, rents and ri'ci'ipts thereof, not only of the si'ini-annual inb'rest, but ultimately of the principal, also of tlx; St. Louis water bonds, so far as the same may be practicable and reasonable; and 154 HOUSE OF EEFUGE. the said net surplus income, rents and receipts, after deductinf^ all expenses and charges of distribution, shall be set apart as a sinkin*^ fund, and sliall be appropriated for and toward the paymeilt of the principal and interest of the said bonds; and shall, under the management, control and direction of the mayor, comptroller and treasurer, and two members of the common council', to be chosen by the council annually therefor, who shall be trustees of the said fund, be applied solely to the ])urpose and use aforesaid, until the said bonds shall be fully paid and dischar<^ed; and the said trustees shall, whenever thereto required by the common council, render a just, true and full account to the said common council of all their receipts, payments and doings under the provisions of this section . Sec. 9. The city of St. Louis is authorized to convey the water, by means of the works herein provided for, or such additional works as may be necessary, into the city of Carondelet, or into any other town or city in the county of St. Louis, whenever the said city of St. Louis shall make a satisfactory arrangement with any of the said cities or towns therefor. Sec. 10. That whenever a majority of the property holders on anj- street, lane, or alley in said citv of St. Louis, shall hereafter petition for water pipe to be laid along such street, lane, or alley, or whenever two- thirds of the members of the common council shall, by vote, declare it to be necessary, the city sliall cause the same to be laid; the cost of all pipe and laying thereof, as above provided, shall be apportioned and charged on the adjoining lots, in the proportion of their fronts, and be paid by the owners of such'lots, res]iectively ; and they shall be bound to pay for the same as though the liabilities were contracted by themselves, and may be sued therefor’ accordingly; and the lots or lands chargealile therewith shall also be held by a lien for the respective apportioned share of sucli cost until the same be fully paid. Such lien may be enforced by special tax, levy, and sale, or by proceedings of law, all according to such provisions as maybe iirescribed by said common council; and in no case shall a license be issued for the use of the water until the tax for the watei* pijie has been paid: Provided^ That such tax shall not be greater, in the opinion of the mayor, than the cost of a six-inch ])ipe; and the common council is hereby'authorized to assess, in like manner, the property fronting on any street, lane, or alley where a supply iiipe is now laid, with such portion of the cost thereof as, in the opinion' of said council, shall be equivalent to the cost of a six-inch supply pipe, or less if a smaller pipe is used; and said council is also hereby authorized to assess all property fronting on any street or alley , or otlier way, where a water pipe is now, or shall hereafter be laid,' with a tax not exceeding one-twentieth of one per cent, per annum on the valuation of such i)ro])erty; the proceeds of such tax to be disposed of in the same manner as the other revenue from the works herein authorized to be constructed. Approved, March 23, 18G3. AN ACT CONCERNING THE HOUSE OF REFUGE OF ST. LOUIS COUNTY. Be it enacted by the General Assembly of the State of Missouri , as follows : Section 1. The act approved March 14, 1859. amendatory of the act of Feliruary 28, 1855, establishing a house of rid'ugi' in St. Louis county, is hereby repealed, and the said act of Fi'liruary 28, 1855, establishing said house of refuge, is heri'by restori'd and rc-cnacted, in the form and terms in which it was passed on said last-named date, as fully as if said amendatory act had not been ])ass(*d. Sec. 2. 'Tlie city of St. TiOuis shall have no jiower. without authority given by the G(*n<‘ral Assinnbly, to s<>ll, incumber, lease, or conv(*y the north half of block numbei’ eighty of the common of St. Louis, according to the survey and plat thereof, inade by Gharl(‘s l)(“Ward. Ix'ing the same liroperty on which said house of refuge stands; but the same shall be, CONSOLIDAl^^: ROADS— EXTENDED NEW LIMITS. 155 and ivinain. dc'dicatod to the use of said house of refuse forever, unless the said Oeneral Assembly should hy law otluu-wise direct. Sko. H. The county court of St. Louis county is here])y aulhorized to appropriate from the county treasury of said county, eacli year, the sum of three thousand dollars, or more in their discretion, to aid in the su})- port of said house of refuse, the same to be paid to the treasurer of said house of refuse, or such other person as may be authorized hy the board of manag-ers to receipt for the same, and to be paitl in regular quarterly payments. This act shall take effect upon its passage. Approved, March 23, 1863. AN AC r TO CONSOLIDATE CERTAIN ROADS. Be it enacted hy the General Assembly of the State of Missouri^ as follows : Section 1. That the stockholders owning the Seventeenth Street Branch Railway, in the city of St. Louis, are hereby authorized to organize and consolidate as an inde])endent company, in conformity with an act to authorize the formation of railroad associations and to regulate the same, under the name and style of the Union Railway Company, with all the rights and franchises set forth in ordinance No. 4, 558 of the city of St. Louis, permitting the Union Railway Company to lay their track along certain streets, and likewise with all the rights and franchises heretofore conferred on said Seventeenth Street Branch Railway, making of the same a continuous road with a single fare. Sec. 2. That the said Union Railway Company may make with the Citizens’ Railway Company any ari-angement for connecting with and using a part of its track, until the completion of the former, tliat may be mutually agreed upon. Sec. 3. That all acts and parts of acts inconsistent with this act are hereby i-epealed . Approved, November 23, 1863. AN ACT IN RELATION TO TOE IMPROVEMENT OK STREETS IN THE EXTENDED NEW LIMITS OF THE CITY OF ST. LOUIS. Be it enacted hy the General Assembly of the State of Missouri^ as follovjs: Section 1. The board of common council of the city of St. Louis shall cause streets or poilions of streets in the extemhal new limits of said city to be imi)i‘oved whenever a majority of the property holders I'esident on a street or portion of a sti-eet sliall ]*)etition therefor. Sec. 2, All acts and ])arts of acts, so far as they contlict with the provisions of this act, are hereby nqx'aled. This act shall take ette(;t and be in full force from and after its passage. Approved, December 12, 1863. AN ACT AMENDATORY OF AN ACT ENTITLED “AN ACT CREATING A HOARD OF POLICE COMMISSIONERS, AND AUTHORIZING THE APPOINTMENT OF A POLICE FORCE FOR THE CITY OF ST. LOUIS,” APPROVED MARCH 27, 1861. Be it enacted hy the General Assembly of the State of Missouri^ as foil otos : Section 1. Section three of the act to which this act is amendatory, as recited above, is hereby amended as follows: By adding after the word 156 POLICE COMMISSIONERS— LINDELL RAILWAY CO. ‘ ‘enpacity ” (in the fifth line of tlie printed laws of tlie session of 18G0 and 1801) tlie words, ^ ‘who shall be ex-officio president of said hoard; and said hoard shall apjioint one of their nienibers as vice president, who shall act during the absence of the president.” Sec. 2. Section seven is hereby amended as follows: By adding, after tlie words ‘‘chief of police,” the words, ‘‘who shall give bond, with security, in the penal sum of twenty thousand dollai-s, for the faithful performance of his duties. ’ ’ .Sec. 3. Sections eight and nine are hereby amended as follows: Each captain shall receive seventy-five dollars per month; each lieutenant seventy dollars; each sergeant sixty-tive dollars, and each ordinary policeman and detective (.sixty dollars; each turnkey lift}^ dollars, ])ayable monthly. Sec. 4. In addition to the police force authorized by the act to which this act is amendatory, there shall be ap])ointed, eni-olled and employed an additional force of not more than thirty men and one cap., tain, and ordinary ])olicemen, as is now by law provided, which addi- tional force shall be used and employed solely in the extended new limits of the city of St. Louis, at such points thereof, and in such proportions, as the several localities require. Sec. 5. It is hereby made the duty of the board of iiolice commis- sioners to estimate wiiat additional sum of money will be necessary to enable them to carry out the provisions of this act, and to certify" the same to the board of common council of the city of St. I.ouis, who are hereby required, as soon as possible, to set ajmrt and appropriate the amouiit so required, agreeably to section (15) fifteen of the act to which this is amendatory. The whole of said appropriation for police jiur- poses not to exceed the sum of one hundred and seventy-live thousand dollars. Sec. 6. All parts of the act to which this act is amendatory, incon- sistent with the ])rovisions of this act, are hereby repealed. This act to be in force and take effect from and nfter its passage. Approved, December 12, 1803. AN ACT TO ESTABLISH THE LINDELL RAILWAY COMPANY. Be it enacted by the General Asseinbly of the State of Missou7'i : Section 1. That John II. Lightner, Wayman Crow, Dwight Durkee, I.evin II. Baker, John M. Krum. Daniel R. Garrison, William Patrick, Jo.shua Cheever, Bernard Crickhard, William D’Oench, Charles Iv! Dickson, William Meyer and Morris Taussig, and their associab's, are hereby incorporated under the name of the IJndell Railway (Company, and by that name and style shall have iiovver to construct a double-track railway, with turnouts and switches at convenient ])oints, in the city and county of St. Louis, from the west line of Third str(*et, at its intersection with 'Washington avenue, in said city; thence extending AV(‘stwardly , along the center line of said avenue, ‘to Grand avimm*; thence south- wardly, along the center line of Grand avianaq to Lindell avenue, and thence wesGvardly, along the cenbn- line of Lindell avenue, to the roail called or knowm as the Second King’s Highway; also, along Fourteenth street, from Washington avenue to (Jlark a\a*nue; tla'iice along Clark avenue to Tayon avenue; thence along Tayon avenue to(3iont<‘au avenue; th(*nc(i along Cdioutean avenue to Jidhu'son aveinio, or Pratte aviaiue; thence along Chouteau avenue to Gi-and avenue, and to the inba-section of Chonbani avenue and Manch(‘ster i-oad : Provided^ That, insb'ad of following the route*, from (dark av(*nu(* to (dioutean avi'inu*, said conqiany may extend its track along Fourteenth street to Chouteau aveniu*, an'd LINDELL RAILWAY (X)MRANV. 157 tluMice iiloiio- Clioutemi avenue to Pi-atte aveinu^ or .lelTersoii avenue. Said eoini)auy may make an arrang-ement for running- its ears ov(“r tlni line of the R(H)i)le\s Railway Ch)mi):my, alon^ Chouteau avenue from Four- teenth street to St. An»-e avcmue; and, in ease of lailure to make sueh arrangement, said eomi)any may lay sinany shall be six hun- dred thousand dollars, divided into shares of one hundred dollars each; but the bo.ard of directors of the company may inci-ease its stock to eight hundred thousand dollars by a majority vote entered on the minutes ot their proceedings. Sec. 4. The business and affairs of said railway company shall be conduct(“d and managed by a board of live directors* who shall be stock- holders, and be elected annually by the sliareholders, who may vote by proxy, and each shareholder, or company, shall be entitled to one vote for each share of stock ludd at the time* of the election for directors: Provided, however, 4'hat any i)e)-son or company holding an (*xcess of two hundred and fifty shares, shall onh' be entitled to one vote for every ten shares of such excess. Sec. o. The directors shall appoint one of their own number presi- dent, and may a])point a secretary and such other ortic(*rs and agents as may be deenu'd necessaiy, and they may make all needful by-laws, rules and regulations for the company. Sec. G. The said company shall c;ommence the construction of said railway ])etween Third and Eighteenth streets, in the city of St. Louis, within* twelve months from the passage of this act, and .said i-ailway shall b(^ extended westwardly tVom Eightecmth stre(*t, ujx)!! said AVashing- ton and Lindell avenues, within twelve months after .said av(*nu(*s shall have b('en graded, pavinl, or macadamiz(*d, and rend(‘i-ed lit for the con- struction of a railwa}" on them, and compleh! .said railway track to tlu* line of tlu! present city limits within two years th(*reafter; the directors shall make calls for the payment of the capital slock at such tinu's, and in such maimer as they may deem iirojicr, and if any stockholdei- shall fail to pay any such requisition within ten days aftei- the tinu* appoint(*d, the conqiany may i-ecover the .same by suit, with interest, and, if not jiaid within tlie time prescribed, may declai-e the stock forfeited. Sec. 7. The .said Lindell Railway Company shall hav(* the right and privih'ge to run their cars over any track or ti-acks Avhich may lx* con- .struct(*d on Washington avenue, from Third street to El(*venth 'str(*et, by the Ih'llefontaine Railway (Xmipau}- or any otlu'r comjiany. 'I'lu^ terms of running over .said tracks shall lx* lixed lx*tw(*en .said companies; and, if the terms can not be agr(*ed upon b(*twe(*n themselves, th(*n by two dis- int(*-rested parties, who shall be stockholders in .some str(*et railway in the city of St. Louis, one of whom shall lx* cho.sen by one coniiiany, and one by the other company; and, if said two p(*rsons can not agree. th(*y shall choose the third person, and the d(*cision of the majority of the three shall be linal. Sec. 8 . This act shall continue in force lifty years from its iiassage, and all acts and parts of acts h(*retofore (*nacte(i by the Ceneral Assemblv, which are contrary to or inconsistent with this act, are hereby repealed. Approved, January 2G, 18G4. 158 PUBLIC HIGHWAY— PAY OF POLICE FORCE. AN ACT .TO DEDICATE FOR USE, AS A PUBLIC HIGHWAY, LAND IN THE CITY OF ST. LOUIS. Be it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. So much of the land now occupied by the Missouri Insti- tute [Institution] for the Education of the Blind, as lies within the lines of Twentieth, a^ia6- Nineteenth street, as now established, sixty feet wide, by city ordinance nuinlxu- 4,724, between Morgan street and Franklin avenue, in the city of St. Louis, is hereby dedicated to public use as a street. Sec. 2. The city of St. Louis, through its authorized officers, is hereby empowered to take possession of and improve the same, in accordance with the laws in such case made and proviiled. This act to take effect from and after its passage. Approved, January 26, 1864. AN ACT TO PROVIDE FOR THE PAYMENT OF THE POLICE OF THE CITY OF ST. LOUIS. Be it enacted by the General Assembly of the State of Missow'i^ as follows : Section 1. For the purpose of providing additional means for paying the police force of the city of St. Louis, the board of common council of said city shall levy an additional tax of one-tenth of one per centum on all property in said city made taxable by law for State purposes for the j^ear eighteen hundred and sixt}^ -four, and for each year thereafter; and all moneys collected from such tax shall be set apart as a special fund, to be used for no other purpose; and any ordinance of said board ajipropriating any part of said moneys to any other use or purpose, shall be utterly void. Sec. 2. In addition to the appropriation already made by said board for the support of the city government for the liscal year ending the tirst Monday of April, eighteen hundred and sixty-four, the said board may make additional appropriations prior to said date for the payment of said police force during said fiscal year, anything in existing laws to the con- trary 1 1 ot witl 1 s tan din g . Sec. 3. The county of St. Louis shall be chargeable with one-fourth of the whole expense of the police force of sUid city of St. Louis for the year eighteen hundred and sixty-four, and for each year thereafter, and the county court of said county shall, troin time to time, appropriate money out of the county treasury to meet that projiortion of said expense; and whenever the ssiid board of police commissioners shall need money to meet the exjienses of said police force, they shall make requisition upon said county for one-fourth, and iqion said city for three-fourths thereof. Sec. 5. [4.] This act shall take effect upon its passage. Approved, February 5, 1864. AN ACT AUTHORIZING THE MAYOR AND COMMON COUNCIL OF THE CITY OF ST. LOUIS TO ISSUE THE BONDS OF THE CITY TO PURCHASE THE ST. LOUIS GAS COMPANY WORKS. Whereas, It is provided in the charter ot the St. Louis Gaslight Com- pany that the city of St. Louis shall have the jirivilege of iiurclKising the said conqiany’s works in twenty-five years from the tirst day of .lanuary, 1840, by the city council giving to said company six months’ notice prior G ASWOKKS— BKI.LEFONIW I NE RAI L VV A V (X) . 159 to tlie first day of frnimiirv, ISfo; and whereas, the s;iid city council nuiy desire to imrcluise the ^•aswoi’ks aforesiiid, at the time aforesaid; and whereas^ to eiialile the city to pnrcliase tlie woi'ks of said company, it is necessary to have authority to issue the honds of the city, to h(‘ converh'd into money to pay for the same in case tlio city decides to purchase; theretore , Be it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. It shall and may he lawful for the city of St. Louis, at any time after the common council of said city shall decide to purchase the o-asworks of the St. Louis Gas Company, to issue the honds of the city, in sums of one thousand dollars each, bearing six per cent, interest, and having twenty or less yeairstorun, to any amount the said city council shall determiim as necessary for the purchase of the gasworks aforesaid, and the said bonds may be'sold, and the proceeds applied to the purchase aforesaid, and to no other purpose whatever. This act to take effect and be in force from and after its passage. Approved, February 5, 1864. AN ACT TO INCORPORATE THE BELLEFONTAINE RAILWAY COMPANY OF ST LOUIS. Be it enacted by the General Assembly of the State of Missouri^ as follows: Section 1. That A. W. Henry, Felix Coste, M. AV. Warne, Norman Cutter, Silas Bent, Jacob P. Tirrill, A. L. Holmes, G. W. Eltonhead, W. D. Griswold, Charles W. Irwin, Ridgeway Hogue, IL M. Kittrick, and their associates, are hei-eliy created a bod}' politic and corporate, by the name of the Bellefontaine Railway Company, with a capital stock of one hundred thousand dollars, with the privilege of increasing the same to such an amount as maybe necessary for the construction and e(]uipment of said railway, not to exceed live hundred thoui^and dollars; and by said name inaj" sue and be sued, plead aud he impleaded, in all courts; may have a coriiorate seal and alter the same at jileasure; and the said railway company shall have i)Ower to hold, purchase and conv(*y such real and personal estate as the ])urposes of said company maj^ re(|uire; to appoint such subordinate ollicers and agents as the business of said com])any may recpiii'c, and allow them suitable (*omp(*nsation ; to make by-laws for the managiunent of i.ts property, the regulation of its affairs, and for the traiLsfer of its stoek; and may continue and have succession for lifty years, and shall he subject to siicli taxation as other ])ropertv. Sec. 2. The said railroad company shall have power to construct, maintain and o])ei-ate a double or single traek railway, with turnouts ami switches at convenient points, in the city and county of St. liOiiis, from the west line of Third street, at its intersection with Washington avenue; thence westwairdly along .said avenue, to Ninth street; thence, with a douhle or single track, on said Ninth street, to Green street; thenee, with a dou])le or single track, on Green street, to Tenth sti'eet; thence, with a douhleor single track, on Tenth street, to Herbert street; also, on Wash- ington avenue westwardly to Eleventh street; them;!', with a double or single track, on Eleventh street to Herbert street; thence, with a double or single track, on Hei hert street, to Twentieth street; tlumce on Twentieth street, or on Herbert street, to Kossuth avenm^; themjc; on Kossuth avenue to Grand avenue; also, with the privilege of extending said railway, by bi’aneh tracks, northwardly from Herbert on any street or streets now ojien or tolx; hereafter opened to the Bellefontaine and Calvary ceimderies. Sec. 3. It shall he lawful for the said railway company to borrow money and mortgage its railway equipments and franchises, in sucfi manner and for such an amount as the hoard of directors may deem best. Sec. 4. The said railway shall be operated by horse power only within the limits of the city of St. Jjouis. 160 IlEVrSIO^ OF CITY (TIARTPIR. Sp]C. 5. The business jiiul affairs of said railway company shall be conducted and managed b)^ a board of five directors, who shall l)e chosen from tliecorporatoi’s named in this act, at a meeting held by said corpora- tors at such time and jdace as may be agreed upon by any three of said cor])orators. At said meeting a majority of said corporators shall vote in person or by ])roxy for the election of the said five directoi-s, each coi-poi-ator casting one vote, and those persons having the lai'gest number of votes cast shall be declared elected, and shall hold their offices for one year after this act is in full force and effect, and until their successors are elected and qualified. On the first Tuesday in April, annually, after the said election, the stockholders of said railway company, between the hours of ten in the forenoon and three in the afternoon, and at such time and place as the board of directors shall appoint, shall hold an election to choose five directors to serve for the ensuing year and until their successors are duly elected, and a written or printed notice of every such election, or any special election, shall be given to every stockholder, i)ersonally or through the postoflice, at least ten days bcTore the day of election ; but if, from any cause, an election be not held on the day sirecilied, it may be held on any other day which may be appointed by the board of directors. All elections shall be by ballot, and the name and number of sbares of each stockholder shall be endorsed on his ballot, every stockholder being entitled to one vote for each share of his stock, and he may vote in person or by proxy, and those persons receiving the lai-gest number of votes shall be declared elected, and in case of a tie vote between any two persons, both of whom can not become a director without increasing the number of the board, the remaining members of the board shall decide which shall serve. Sec. 6 . The first board of directors shall ojien books for the subscrip- tion of stock in the said railway company . and the payment of stock shall be made at such times and in such simis as the board of directors may require; and the board shall have power to provide for the forfeiture to the company of the stock of those who fail to make such payment, and to elect a president and secretary. Sec. 7. The said railway conqiany shall commence the constrnction of said railway within twelve months from the first day of April, 1804, and be completeil to Herbert (or Hebert street), within three years thereafter. Sec. S. The said Bellefontaine Railway Company shall have the right and jnlvilege to run their cars over any track or tracks which may be constructed on Washington avenue, froiii Third street to Plleventh street, by the Lindell Railway Company, or any other conqiany. The terms of running over said tracks shall be fixed between said companies, and if the terms can not be agreed upon betw(‘en themselves, then by two disinterested persons, who shall be stockhold(*rs in some street railway in tbe city of St. Louis, one of whom shall be chosen by one company and one by tbe other company, and if said two persons ai-e unable to agree, they shall choose the third person, and the decision of the majority 6t th<‘ three shall be final. Sec. 9. All acts and parts of acts contlicling with this act are hereby repealed . This act to take effect and be in full force from and after its passage. Approved, February 8, 18(14. AN ACT TO PROVIDE FOR A REVISION OF THE CHARTER OF THE CITY OF ST. LOUIS. Be it enacted by the General AfiHembly of the State of MisHouri^ as follov's: Section 1. At the city (‘lection to be h(‘ld in the city ot St. Tamis on the first Monday in Ajiril, eight(*en hundred and sixty-four, llu'n' shall b(* elected by tlu* (jualifii'd voters of (‘iicb ward of said cify oiu' delcgali* to a city convention, for tbe jiurpose of revising tbe (4iart(‘r of said city and framing a bill for a new charter fherefoi-. BENEFIT OF THE CITY OF ST. LOUIS. IGl Si:o. 2. No ])oi-soii shall be ell^-iblo to a seat in said convention unless be be, at the tinn'otbis eb'ction, at b'ast thirty years of a^(*, and shall have resided in said eity at baist live years next pi-ecedin^ bis election, and shall bav(‘ taken and tiled, in tl’u' cbn-k’s ollice of the St. Ta)nis county court, the oath i)rescribed in the second section of the oi-dinance of June lOtb, 18()2, entitled “an ordinance dertning the qiialitications of voters and civil otlieers in this State.’’ Si'X’. IL No deleo-ate to said convention shall receive, directly or indi- rectly. any compensation for bis services as such. Sec. 4." The first meeting- of said convention shall be held in the cham- ber of the board of common council of said city, on the first Monday of ]\lav, eighteen hundred and sixty-four, and subsequent meetings may be ludd at such times as may be determined by a vote of the body. At all meetings six members shall be suthcient to constitute a quorum for the transaction of business, but a less number may adjourn over and send for absent members. Sec. 5. The said convention shall elect one of their number to be president of the body, and shall also elect a clerk, whose duty it shall be to kee]) an accurate record of the proceedings of the convention, and to perform such other services as the convention may reciuire. He shall receive a compensation for his services at the rate of not exceeding five dollars for each day upon which he shall attend the sittings of the conven- tion, to be i)aid ont of the treasury of the city, upon the certiticate of th(‘ president. Sec. 6 . The said city shall provide said convention with all neetled stationery, and shall pay all expenses which may be certitied by the president. Sec. 7. The ])roceedings of said convention shall be governed by the standing rules of the board of common council of said city, so far as the same may be apjdicable, but the convention may change the said rnles or adopt others at its discndion. Sec. 8. 4’he said convention shall candidly examine the chai-terof, and all laws ap])licable to. said city, and ])i-octVd to frame a bill tor a new charter therefor, which, when adopted by that body, shall he ])rinted in the form in which bdls for h'gishitive bodies are usually printed, and two hundred cojiies thei-eof shall, by the president of the convention, be laiil before the lU'xt Uenei-al Assembly, at its tirst regular session, d’lu* said bill shall be published in the newsiiaixo's in said city which jmblish the procei'dings of the board of common council, at haist thirty days before the tirst regular si'ssion of the lU'xt (General Assembly. Sec. t). Should any vacancy occur in said convention by di*ath, resig- nation, ())• removal from tlu; city. th(‘ same shall be tilh'd by apiiointment by the mayor, with the consent of tin* boai-d of common council of said city. This aci shall taki^ eth'ct upon its jiassage. Ai)p roved, February LI, 18()4. AN AaT FOR THE HENEFIT OF THE CITY OF ST. LOUIS. Be it enacted by the (ieneral AsHernbly of the State of Missouri^ as follows : Section 1. That the city council of the city of St. I.onis shall have full l)OW(!r, with the aiiproval of the mayor, to d(*'t(*rmine all ipiestlons ai-ising with reterence to str('(*t railroads in tin* corjioratii limits of said (*ity, whethei- such ipiestions may involve the ineor])oration of companies to construct such str(‘(‘t railroads, granting the right of way, or regulating and controlling any such railroads afp'r theii- comidetion. Sec. 2. The city council of said (-ity, with the aiiproval of the mayor, shall have full jiower to si'll the right of way for such str<*et railroads to the highest bidder, having giv(*n at [least] one month’s notice thereof in the iK'wspapers published in said city; the proceeds of such sale or sah's to H 162 SUT*PLEMENTARY ACT— PUBLIC PARK. be applied to the benelit of the common schools within the limits of said city. Further i)ower is hereby given to tax the stock or other property of street railroad companies, in all cases not conti*avening existing laws. Skc. 3. This act to take effect from and after its passage. Approved, February 15, 18G4. AN ACT TO REPEAL THE FIRST AND SECOND SECTIONS OF AN ACT ENTITLED “AN ACT SUPPLEMENTARY TO THE SEVERAL ACTS INCORPORATING THE CITY OF ST. LOUIS,” APPROVED JANUARY 16, 1860. Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1. That the tirst and second sections of an act entitled “an act supplementary to the several acts incorporating the city of St. Louis, ’ ’ approved January IG, 18G0, he and the same are hereby repealed. Sec. 2. The cost of paving, macadamizing, or otherwise improving, constructing, reconstructing, and repairing all streets, alleys, and other liighways in the city of St. Louis, which, under existing laws, is charge- able to the property adjoining, or in the vicinity of, such work, shairbe assessed by the city engineer as a special tax against such property, in such manner as the common council may, by ordinance, direct, and shall be collected as other taxes are collected, according to the provisions of an act of the General Assembly of the State of Missouri, entitled “an act in relation to the assessment and collection of taxes in the city of St. Louis, levied for the purposes of the government thereof, ” approved, Januarv 17, 18G3. Sec. 3. Nothing herein contained shall be so construed as to affect any proceedings in any court, or the collection of any specaal taxes assessed by the city engineer, under the provisions of the sections of the act hereby repealed, that may have been commenced or assessed before the approval of this act. This act shall take effect and be in force from and after its passage. Approved, Februaiy 15, 18G4. AN ACT TO ESTABLISH A PUBLIC PARK FOR THE UsE OF THE INHABITANTS OF THE CITY OF ST. LOUIS. Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1. The commissioners hereinaftei- appointed are hereby authorized to select and designate such })iec(‘s or parcels of land, situate, lying, and being west and m^ar the city of St. Louis, not to exceed, in all, three hundred and fifty acres, as, in their judgment, shall be best adapted for a public ])ark, and which can be obtained or secured on the most reasonable terms for that jiurpose; and, when so selected and desig- nated, the same shall beset apart and improved, in accordance with the provisions of this act, to be a public jiark, for the u.se and benelit of the inhabitants of the city of St. I^ouis, to ]>e held and used as a public jiark foiTiver. Sec. 2. The commissioners henunafter appointed are hereby author- ized to enter upon and take possession, for the city of St. Louis, of the land above descrilx'd, for the use afori^said, and to close up th'e*me*nt e)f saiel park. Sec. K). The* e;ity e)t St. Le)uis shall have* juriselie;tie)n over saiel park, anel all the; aelje)inlng lanels te) the; elistance* e)t eene* the)usanel fe*e*t e)n eve*ry siele; e)f saiel park, se) far as is nee'essary te) establish pe)lie;e re‘gulatie)ns anel to abate* nuisane*es; anel the* i)e)rie*e* may arrest anel ele*tain e)lfe‘nele*rs within the be)nnels name*el, anel the* e-ity re*e;orele*r shall have* Juriselictie)n e)f all olfe*nse;s against the* peelie-e* eir sanitary e)relinane*e*s e)f the; city, within the be)unels nameel, as fully as if saiel territe)ry was within the e;e)rpe)rate* limits of the* e-ity. Six-. 17. The; be)arel of e-e)mmissie)ne‘rs he*re*in e*re*ate*el mav, afte*r their oi-gani/atie)n , anel be*fore pre)ceeellng te) j)ni-e-hase; e)r ce)nele‘mn saiel lanel, for intbrmation, reepiest the mayor "ot the city of St. Louis to submit the 166 TOWEP. GPOVE AND LAFAYETTE K. 11. CO. question, as to their wish for such a i)ark, to tlie voters of said city, either at a special oi- general election, and, if so requested, the mayor shall issue his ])i-oelaination at least t(Mi days before the day named for the election, directing- the vote to he taken, and at such (ihngion the vote shall be hy ballot, and the ballots shall he '-‘■for the pnldic i)ark, ” or ’‘against the public. ])ark. ’ ’ If, at an election so oi-dered, the majoj-ity of the vot(i cast shonld be against a i)nhlic park, then the said hoard of commissioners shall take no further action in the matter of purchasing or condemning said land, until ordered to do so by act of the Legislatni-e. Sec. 18. This act is hereby declared a public act, to he recognized as siudi in all courts and places, and shall take effect and be in force from and after its passage. Approved, February 15, 18G4. AN ACT INCORPORATlX(^ THE TOWER OROVE AXD LAFAYETTE RAILROAD COMPANY OF ST. LOUIS. Be it enacted hy the General Assembly of the State of ISIissonri, as follows : Section 1. That James B. Eads, John J. Iloe, John C. Rust, Ilenr}* Siiaw, Christian Staehlin, John 11. Bowen, (Jinton O. Dutcher, Charles fh Tracy, Erastus Wells, James B. Sickles, and Henry Whitmore, and their associates, successors and assigns, under the name and style of ‘‘The Tower Grove and Lafayette Railway Company,” he and they are hereby authorized to construct, maintain, and operate a railway from Grand avenue, at its intersection with Lafayette avenue-, tlience, down Lafayette avenue, to the interseidion of Tadayette avenue with Soulard street, a single track, embracing all necessary turnouts and switches, with the pi-ivilege of laying a double track instead; also, a single track down Soulard street to Jackson street; thence up Jackson stn^et to its intersection with Third street; thence up Third street to Pine street; thence westwardly to Sixth street; thence southwardly to (iratiot sti-('et; thence westwardly to Beckwith street; down Beckwith streid, across Chouteau avenue, to Stoddard avenue; down Stoddard avenue to Park avenue: out Park to Linn and St. Ange avenue; thence to the intersec- tion of the main route, at the corner of Soulard and Lafayette avenue. They shall also have the further i-ight of running over, or connecting with, the routes of any other street railroad company in said city of St. Louis with whom they can arrange terms satisfactory to lioth companies. Sec. 2. The said niilway comiiany shall be coiistrueted with tracks, as herein pi-ovided, of iron rails, the cenbn- line of the single track of which shall coincide, as nearly as may he, with the center liiu' of the avenues and streets on which said track may be laid, and to be of the same guage as the otlun- city railways. Sec. 8. The tracks of said railway shall he laid on a grade even with the grade of the streets through whic-h if may pass, and so that the fr(‘e tlow of the water in the lateral and cross gutters is not thereby obsti-iicb'd, and the space lietween the i-ails, and for two leet outsidi* of tin; rails, shall be kept in good repair by said conqiany, so as not to obstriud the ])assing, crossing, or traveling on said streets and avenues by otlua- vehicles. Sect- 4. Said radway, with its apiiurtenances, shall be maintained in g-ood ordei- and repair liy said company, and Ix' o])(M-ated at all ri'asoiiable times for the use of the iiublic, and (th-Ii ])asseng(T- may b(‘ i-(Mpiir(‘d to pay a fare, not exceeding tive (*ents, for transportation from any one point on said line to any other ])oi!it. Sec;. 5. The stables, sheds, and hoi‘S(‘s of said (*ompany shall, in all resiK'cfs, contorm to existing city oi(tinanc(*s, and said company shall hei-eatt(T- pay such license's as may he; j)re*sci-ihe‘el by e*ity eirelinance'S, anel be subje'ct tei taxe-s anel assessme'iit on all pre)perty beleinging te) them in like manner as other corporatie)ns. STREET RAILROADS 167 Skc. (). Said (•oin])any sliall be re(iuii-(>(l to eoniplete said main lim; and connections, and j)ut tlie sanu* in operation, within two y(‘ai's from the dat(' of the passa<>(‘ of this act; Provided, The saim^ shall not h(‘ r(!(|iiir(Ml to he completed within a time less than two years after said Linn str(!(;t, (Irand and Lafayette avemu's ar(‘ ^'raded and macadamiz(‘d. Skc. 7. To the city of St. Louis is reserved the ri,<^ht to take up and remove the rails of said (*ompany wlumever it shall he necessary for the repair or improvement of the streets on which said rails may he laid, amt such repairs or improvements shall he made hy the city at the least possi- ble delay, the track to he taken np and relaid at the cost of said company. Se(’. 8. The capital stock of this company shall he one hundred thousand dollars, which may he increased at the option of the company to not more than live hundred thousand dollars; said stock shall be divided into shares of tifty dollars, and each share shall be entitled to one vote for directions [directors] and in the business of the company, either by ])resence of the holder, or by proxy. Sec. 9. The affairs of the company shall he manaa-ed hy a hoard of seven directors, which may he increased to nine, one of whom shall be ])resident. Said hoard of directors shall have power to i)rovide rules and regulations for the froverumeut of the company, employ all agents, and with the power to remove the same; a majority of the directors of said company shall, at all times, he bona fide citizens of St. Louis, and in default of this requirement, the grants aiid privileges herein contained may he declared forfeited. Skc. 10 . Said railway company shall not, hy any possible construction of this act, he permitted to carry'freight on said railway line, under pen- altv of one hundred dollars for each otfense. unless otherwise authorized. _ Sec. 11. To the city council is hereby resei’ved the right to regulate the times of trips and i*ate of speed, whenever it shall api)ear that the r(*gula- tions of the company in these respects do not accommodate the public necessities. Skc. 12. This company shall, in all cases, he legally liable for all injuries or daniag(!S resulting to any ])erson, or property of any iierson, through the carehcssiu'ss or neglig. ISfH), as riMpilres fh(‘ People’s Railway Company ‘ ‘to construct their road from St. Angc^ avmiiic along Chouteau avenue, to the jioiut where tin* Pacific Railroad (a-osses said Chouteau avenue,” within two ycairs aftiw th(^ passage of said aid, is luMH'hy r(*])ealed, and said Peopl(*’s Railway (dmipany arc; h(“r(;hy author- ized to extend their road along Ciioiiteaii avenue, from St. Ange avenue 168 WATERWOEKS— POLICE FORCE . to tlie point where the Paeific railroad crosses said Clioiiteaii avenue, provided the same is constructed before the first dav of February, A. I). ]S()(). This act to tnke effect and be in force from and after its passage. Approved, February 15, 1864. AN ACT AMENDATORY OF AN ACT ENTITLED AN ACT TO ENABLE THE CITY OF ST. LOUIS TO EXTEND THE WATERWORKS TiIEREOF, AND FOR OTHER PURPOSES/’ APPROVED MARCH 23, 1863. Be it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. The third section of an act entitled '‘an act to enable the city of St. Louis to extend the waterworks thereof, aud for other pur- poses,” approved March 23, 1863, is hereby so amended that the four commissioners provided for in said section shall be appointed by the Gov- ernor. and all vacancies occurring in said board of commissioners shall be tilled by appointment by the Governor. Sec. 2. The commissioners appointed by the Governor shall, in all respects, have the same power [and] authority, and continue in otlice for the same length of time, and receive the same compensation, as if they had been elected b}^ the board of the common council of the ciG' of St. I.iOuis, in conformity with the a(;t to which this is amendatory. Sec. 3. This act shall take effect from and after its passage. Approved, January 18, 1865. AN ACT AMENDATORY TO AN ACT ENTITLED “AN ACT CREATING A BOARD OF POLICE COMMISSIONERS, AND AUTHORIZING TUB APPOINTMENT OP A POLICE FORCE FOR THE CITY OF ST LOUIS,” APPROVED MARCH 27, 1861. Be it enacted by the General Assembly of the State of Missouri, as follows : Section 1. That section four (4) of aii act entitled ” an act creating a board of police commissioners, and authorizing the apiiointment of a police force for the city of St. Louis, ’ ’ aiiproved March 27, 1861, be and the same is hereby repealed, and the following S(‘ction substituted there- for; Sectio7i 4:. The Governor of the State of Missouri, by and with the advice and consent of the Senate, shall, without unnecessary delay, aiipoint the four commissioners jirovided for in S(;ction three of this act, and said commissioners shall hold their otlices, two of them for two years and two of them for four years from the first day of .Januaiy, 1865, and until their successoi's shall have becm ajipointed and (|uallli(‘d. The Governor shall issue commissions to the persons so apjiointed, designating the time for which they are sev(‘rally apiiointed. And whenever the term of oftice ol' any commissioner expires, the appointment of his successor shall be tor four yeai-s. Sec. 2. The commissions of the iin’sent incumbents of s;dd commis- sionerships shall Ik; declared vacnted liy the passage* of this act. Sec. 3. All acts oi* parts of acts conllicting with this act shall he and hereby are repealed. 'I'liis act to take, elfect and be in forex* from and afte*r its passage*. i\l)proved, dannary 25, 1865. STKEET HAIEEOADS— WIIAUE AND IIAKBOH. 109 AN ACT Ti) AMKNl) AN ACT ENTICLED “AN ACT INC0U1»0RAT1N(J TFIE TOWER GROVE AND LAFAYETTE RAILROAD COMFANY OF ST. LOUIS,.” APPROVED FEHRUARY 15, 1864. He it enacted by the treneval- AHHcmhly oj the State of Missouri, as follows: Sfa'tion 1. Spction six of ;in act entitled “an act incorporating’ the 'I'ower Grove and Lat^wette Kailroad Company of St. Louis, ’’ approved Febrnai’}' lo, 18(34, is liereby amended by striking out the word ‘“Grand.” Approved, February 15, 18G5. AN ACT FOR THE RELIEF OF STREET RAILROAD COMPANIES IN ST. LOUIS, AND THE PROTECTION OF CITIZENS FROM CHARTERED MONOPOLIES. NVhereas, Certain street railroad companies in the city of St. Louis are asking trom this General As.sembly additional privileges, such as raising the rates of fare — alleging, as a I’eason, inability to carry on the business at present rates: and whereas. The coi’iiorators of said street railroad com- panies eagerly sought and obtained the franchises they now possess, the riglit of way on the public highways, and so forth, for private purposes; and, at the time, deemed such franchises peculiarly valualile, and did not pay said city iiecnniary considerations for said frani’liises: and whereas. All privileges granted to coi’iiorations, and especially such as affect the right of- way on jinblic highways, should be granted for the benefit and convenience of the public, and not solely for individual speculation: therefore. He it enacted by the General Assembly of the State of Missouri, as follows: Section 1. That any street railroad company in the city of St. Louis, feeling its inability or indisposition, from pecuniary loss, to carryforward the business at present rates of fare, may notify the mayor of said city of such indisposition, and surrender thendiy all their chartered rights and franchi.ses within tliree months from the jiassage of this aet. Sec. 2. d'he mayor may imnu'diati’ly i>roc(‘ed to dispose of said fran- chises, by public sah', atter jirojicr noth’c, by publication, of time and place of said sale, and shall sell the same to the highest bidder. Sec. IL 'I'he ])roee(Mls of th(‘ sale of said franchisi's shall be ajiplied to the public school fund of said city. Sec. 4. Th<‘ purchaser shall jiay the late comjiany. for the road-bed and track, the first cost of said bed and track; and for the rolling stock and stables, such sum as may be apprai.sed by disinterested aiipraisers, selected by both parties for that imi’iiose. Sec. 5. The city council of St. Tainis shall have no power to increase the rates of fare on said rpads, nor shall they have* th(‘ right to divide or sejiarate the liiu'S of said roads in such mann(*r as will increase* the* fai’c. This act shall be in force and take effect trom and after its passage. Approved, Februar}' IG. 18G5. AN ACT TO AUTHORIZE THE CITY OF ST. LOUIS TO I.MPROVE THE WHARF AND HARBOR, AND FOR OTHER PURPOSES. He it enacted by the General Assembly of the State of Missouri, as follows : Section 1. The harbor of the city of St. Lonis shall ext(*nd from the mouth of the Missouri river to the northern boundary line of the city of (dirondelet, and shall embrace the beds of the Mississippi river, its 170 BOAKI) OF POIACE CO M MISS 1 0X1^] RS. slouo-lis, islands, bayous, and all liig-li-vvater cliannels alono- ])otb slioi-es of the river. Sec. 2. For maintuinin^ the pei-maneney and ini])rovin«- the wharf and liarhor, and for opening- and extending- the wharf, it sliall he eoni- petent for the city of St. Louis to apply all the lud, receipt from wharfag(‘ and all the moneys now in the city treasury to the credit of the sev(‘ral wharf funds; also, for the same purpose, to borrow' $500,000 by an issue of coupon bonds of the denomination of $1,000 each, rnnning- for the term of twenty years, and hearing inhin^st at the rate of six per cent, per annum, for the ])ayment of the prin(‘ii)al and interest of which the revenu(\s of the wharf shall he pledged; and the city council, in its dis- cretion, may levy a liarhor tax of not exceeding- one-tenth of one per cent, upon all propei-ty made taxable by law for State purposes within the city of St. Louis, the proceeds of which tax shall he lield sai-red for the purpose of paying the principal and interest of the wharf and harbor debt herein authorized to he created, and shall he paid ovcu- to the fund commissioner on the tirst day of each tiscal year, as may he regulated l)y ordinance. Sec. 3. The city of St. Louis shall also he authorized, iu addition to the w'hartage, to levy and collect a tonnage tax upon all boats, rafts, and other w'ater crafts landing- at the w'liarf hetwa^en Biddle street and Plum street, for the i)ui-pose of widening and repairing the w'harf ])etw'een the points mentioned, and the said city may l)orrow' the sum of $250,000 for flu* pur])oses above meutioned, and may issue bonds therefor, similar to bonds mentioned hereinbefore, and the said tonnage tax shall l)e held sacred for the payment of the principal and interest thei-eof, and shall he held by the fund commissioner, all. as may he provided by ordinance: Provided. 'riiat no part of the fund hereby created shall he used to pay for private property w hich may h(^ required for the opening or extending of said wharf until the amount to be paid by the city thereof shall have been assessed as benefits to the public generally, by a jury impauneled to con- demn said i)roperty, as provided for by law' and ordinance. Sec. 4. This act to take effect and he in force from and after its {)assag-e. Approved, February IG, 18G5. AN ACT AMENDATORY OF AN ACT ENTITLED “AN ACT AMENDATORY OF AN ACT ENTITLED ‘AN ACT CREATING A HOARD OF POLICE COMMISSIONERS, AND ACTIIORIZING THE APPOINTMENT OF A POLICE FORCE FOR THE CITY OF ST. LOUIS,”’ APPROVED MARCH 27, 1861, APPROVED DECEMBER 12, 1863 ; ALSO^ AMENDATORY OF AN ACT ENTITLED “AN ACT TO PROVIDE FOR THE PAYMENT OF THE POLICE OF THE CITY OF ST LOUIS,” APPROVED FEBRUARY 5, 1864. Be if enac.ted hy the General Asaemhly of the State of ]\Ii.sso>iri, as follou's : Section 1. Section three of an act amendatory of an act entitled “an art creating a hoard of jiolice commissioners, ami authorizing- the appoint- ment of a police force for the city of St. iAmis.-’ approved March 27, 18G1, approved December 12, 18()3, is hereby anumded as follow's, viz: After the word ‘•follows,’' in the tirst line of said third section, strike out the remainder of the section, and insm-t in lieu thereof tlu' following, viz: ‘ •Each cajitain shall receive one hundred dollars per month, (‘ach lieuhmant eightv-tivi* dollars per month, (‘ach serg(‘ant eighty dollars p(‘r montli, each oi-dlnary ])oliceman and detective s(‘V(*nty-live dollars p(‘r month, and each turnkey sixty dollars i)(*r month, payable' monthly. ’ ’ Sec. 2. Section one of ‘•an act to provide for the jiayirn’iit of the police* of th(‘ city of St. Louis.” approved Fe'hruary 5, 18G4, is iK'rchy amended, as follows, viz: Strike out, in the* third line* of said tirst section, EDUCATION OF THE BUND. 171 tlio word • ‘ ’ and iMW(*i*( in li(‘U tli(*rcM)f, tlio woi-d “ oiic- s(‘V(MitIi , ' ■ and in the seventh liin' of said seetion one, afUa- tlie word “pni-i)ose, ' ’ strike out the reinaiinka- of said lirst seetion. Si'X'. Ik All acts and ])arts tlierc'of ineonsistent lu'rewitli are hereby repeali'd, and this aet to take (dfeet from and after its passage. Ai)i)roved, Febrnary 18, ISGo. AN ACT IN' Rm.ATION’ TO TiTE MISSOURI INTSTITU L'lON FOR THE EDUCATIONT OF THE RIHND. Be it enacted by the Creneral Assembly of the State of Jrissoicrij as follows : Section' 1. Notlnn<^ contained in an aet entitled ^ ‘ an act to dedicate for use as a public liitibway land in the city of St. Louis,” approved dannary 2(1, 1804, shall be so construed as to relieve said city of St. lamis from the duty of compensatin<^ said ]Missouri Institution for the Educa- tion of the Blind for the lands in said act mentioned, taken by said city for the ])urpose thei*(“in stated; and said city is hereliy authorized and emjiow- cred to make full and adequate compensation to said institution for said lands, and to do all things therein which, in justice and good faith, it ought to do. Approved, February 20, 1805. AN ACT TO INCORPORATE THE BREMEN AND CEMETERY RAILROAD COMPANY. Whereas, By an act of the Ceneral Assemblv of tln^ State of ^Missouri, entitled “an act concerning stn'ct railroads in th(‘ city of St. lands,'' approved .lannary !(>, 1800, the St. Louis Kailroad' ('ompany wm-e emjiowered to extend their road to tin* Bidlefontaine and (lalvary (‘(umde- ries, which they have not done, and it is desirable that lh(‘ facilitii'S of street railroad travel should be (*xt('nded as speinlily as ])ossible to those desirous of visiting those c(Mneteri(‘s, and others living on tlu' Bellefon- taine road, iK'y'ond the northern limits of the city of St. Louis; Be it, therefore, enacted by the (General Assembly of the State of JMlssonri, as follows : Section 1. That in case the said St. lainis Bailroad Company shall not have exteiuh'd and completed their said road, from tlu' northi'm limits of th(' city of St . Louis, along the Bellefontaine road, to a ])oint opjiosite the main (‘ntramte, on the said road, of the (lalvary e(‘met(‘ry, and shall not hav(* tlunrcars running tluM-inm, for tln^ accommodat ion of jiassengers, at regular Intervals of half an hour, (‘aeh way, daily, from 0 o’chx'k a m. until 8 o’clock p. m., to and from said ceimMi'ry and city limits, all on or befori^ th(! fourth day of duly, 1805, said company shall lx* takim and demmal to have forf{*it(*d and abandoiuMl and relin([nished all the right, privih'ge and franchisi' conterred upon them by said act of extending their said road, from the northern boundary ol th(‘ city of St. Louis to tbe said Bellelbntaiiu* and (’alvary cemeteries; and thecom|)any her(*inaft(‘r ineor- porat(*d, their associates, successors and assigns, shall th(*ren[)on be autbori/AMl to entm- upon the construction of, and to completi', the rail- road hereinatt(*r specili(‘d. Sec. 2. That Amade Valle, David Nicholson, Bichard (L Shackc'lford. Michael S. Mejiham, David White, (distavus M. Dreyer, and 'I'imothy B. Perkins, tlunr associate's, sncce'ssors and assigns, for tin*, pe-riod ot twenty-live years, be, and are; hereby, created a body politie; and corjio- rate, by the name and styh' of the Bremen and Cenu'tery Badroad Company, and by that name may sue and be stu'd. jileadand be imph'aded, answer and be answered, in all courts and places; may have a common 172 BREMEN AND CEMETERl^ RATTJJOAD CO. s(“al, and tlic same alter, eliaii^e, or renew at ])lea.sure, and 1)}" that name may eontraet and be eonti-acted witli; may i)nrcha.se. hold and convey real or i)(‘rsonal or mixed estate, and sliall he. and hereby are. invested with all the powei's, immnnities and privileo’es which are, or may be, nec(‘ssai-y to carry into effect the purposes anil objects of this act, or the lawful business of said cori)oration. Sec. 3. Shonld the St. Louis Railroad Company aforesaid not have constructed and completed their said i‘oad, from the northeiai line of the city of St. Louis, on the Bellefontaine road, to a point opposite the main entrance of the Calvary cemetery, and have the same in running- oi-der for the accommodation of passengers, in the manner specitied in the tirst section of this act. l)y the fourth day of Jnly, 1865. or if. on or before that day, there shall * have been tiled with tlie Secretary of State of this State a renunciation by said St. Louis Railroad Company. eviden(*ed by a written declaration of such remmeiation, si’ and fur- nishing of the House of Refuge in the county of St. Louis, lately destroyed. Sec. 2. The common council of the city of St. TiOnis, and the county court of th(^ county of St. Louis, are (*ach of them luna'by authorized to control and manage tlu! proceeds of th(*s(* bonds, and to provider such ag{*ncics for the cai-rying out the object of the issue* of tin* bonds as, in th(*ir jndgm(*nt and Joint aedion, shall 1)3 in )st (dhictnal for the ))iirpose; it b(*ing tli(* intent and purpose of this a<‘t to authorize each of these* cor- l) 0 )*atie)ns to jirovide all eletails in e*onne*e‘tion with the form, issue; and ne*ge)tiatie)ns e)f the* beinds by the*ir coiiid and conne'il, as to them may seem lit, in accen-elanea* \\ath the; jirovisieins eif this ae*t. Sec. IL This ae;t te) take; e*lfe*e*t from anel after its passage. Approveel, FebruaiT 20, ISOrj. AN AC r PERFECTING AND PROTECTING THE 'ITTLE OF THE CITY OF ST. LOUIS TO CERTAIN REAL EST.\TE HELD FOR PU.^LIC USE. Be it enacted by the General Assembly of the State of Missouri, as follows : SEerneix 1. ddie ceinnty ceinrt of St. Louis e;omity may ereinvey, or cause te) be ce)nve*yeel, te) the e-ity e)f St. Le)uis, ae*e*e)reling te) law, all of the right, title* and inte*r(*st e)f said e'onnty in anil to all the; )»le*e'e*s anel |)are;e*ls of land witliin the e-orporate* limits of saiel e*ity, whie*h have* l)e*cn vesti'il in saiel e'onnty imele*i- oi* by virtue* of all or any of the* following me*ntioncel acts of the* Ge*iu*ral Assembly of the; State* of Missouri, to- wit: ‘"An act eeon- e‘e*rning ])lats of towns and villages,'' appre)ve*el, I)e*cember the; 18th, 182f; •• An ae*t e;once*rning plats of towns anil villages,” ai)pre)vcel, F(*b- rnary the 2()th, 18.‘F); • An act cone;e*i-ning jelats of towns anel villages, ” api)re)ve*el, Fe*brnai-v the* 12th, 18U); and “.Vn ae;t concerning the plats of towns and villages, ” approveel, Nov(;mber the 17th, LS.o.o. 174 PERFECTING TITLE TO REAL ESTATE. Sec. 2. Wliencvor iiiiy ])i(!C(* or parcel of land which L now, or may licreaftei" lx*, owned or held l)y said city for piihlic use, shall he no lon^vr wantini';' for such i)nhlic nse, snch land may be sold by said city, and con- veyances of the SMiiK* may be made to the respective pnrcliasers thereof, in snch manner as said city shall, by ordinance, provide*. Sec. 8. All of the ri«-ht, title* anel interest in anel te) all real estate within the ce)rpe)rate limits of saiel cJty, which may, at any time hereafter, he eleelicated, ele)nated, or ^ranteel to any public nse, shall vest in the cor- poration of the city of St. Louis, unless otherwise expresseel in the conveyance, jilat, map, or other instrument making or creating such deelication. elonation, or grant. Sec. 4, No law or statute of this State limiting the time for com- mencing any action, suit, or other proceeding for the recovery of the ])Ossession of real estate, or for the recovery of any right, title, or inter- est therein, shall prevent or prohibit the city of St. Louis from com- mencing any such action, suit, or other jiroceeding, at any time within ten yeai-s after the expii-ation of the time limited in such law or statute, for the commencement thereof, nor from prosecuting the same to final judgment and tinal execution, or final determination, in the same manner, and under the same rules and regulations, as if such action, suit, or other proceeding had been commenced within the time prescribed by such law or statute. Sec. 5. No law hereafter passed shall be deemed or construed as changing, or alt(*ring. or repealing the whole or any part of this act. unless the title of this act, and the date of the approval of the same, be exi)ressly mentioned or referred to in such law. 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Of Boundaries^ Corporate Powers, and. Division into » Wards. Actions for real osUite, how lim- ited ag-ainst city ^ 8 Boundaries of (.‘ity 1 City, corporah^ jiowers of. 4 — 11 boundaries 1 Charity trusts, iiowers eoiiceru- iiig 5 Corporate povievs 4 — 1 1 Corporation., what, city maj^ tak(i stock ill 10, II Council, yiowersof, extended over new territoiy 2 Land, power to sell G Limitation of a.ctions against city for real property 8 Broperty, powers of city concern- ing .". 4 — 9 for what ]nirpos(*s city may may liold 4—9 dedicated to public use, how vested 7 when city may sell \ G Railroad stock, what, city may snliscribe for 10, 11 Real estate, powers concerning 4, 9 for what purposes city may hold 4, 9 effect of dedicating to pub- lic use 7 limitation of actions for 8 when city may sell G Roads, citizens exempt from work on 9 Seal, common, powi'rs concern- -1 Stock, what, citv may subscribe for 10, 11 Trusts, powei-s concerning 5 Wards, provisions concerning... 3 Working on roads, citizens (‘xmnpt from ! 9 Section 1. All tliat district of countiy situated in tlie county of St. Louis, einbraced Avitliin the follotving limits, to-wit : Beginning at a point in the middle of the main channel of the Mississippi river, where the continuation of the south side of Keokuk street eastwardly would intersect said main channel ; Act, December 5, 1855, g I, p. 116. 178 DIGEST OF CIIAllTERS AND LAWS. Had, g2, p 116, as amended by- act of March li, 1859, g 3, p. 128. Act December 5, 1855, g 3, p. 116, amended as above. Act March 3, 1851 . art. i, § 2, p. 91. thence westwardly, by the said line of the south side of Keokuk street, to a point six hundred and sixty feet west of Grand avenue ; thence northwardly, and parallel to said Grand or Lindell avenue, at a distance of six hundred and sixty feet therefrom, until it intersects the Belief ontaine road ; thence northeast, to the line dividing townships forty-five and forty-six north, range seven east ; thence eastwardly, Avith said line, and in the same direction, to the middle of the main channel of the Mississippi river ; thence soutlnvardly, Avith the meanderings of the main channel of said river, to the place of beginning, is hereby incorporated into a city, by the name of ‘‘ The City of St. Louis.” Sec. 2. All acts and parts of acts iioav in force concern- ing the City of St. Louis or the inhabitants thereof, and not inconsistent Avith, or repugnant to, the proAusions of this act, shall extend to all the district of country included in the above mentioned boundaries, and to all the inhabitants therein ; and the mayor and common council shall have and exercise Avithin said boundaries, all the poAver and authority noAV vested by hiAv in the mayor and common council of the City of St. Louis, as at present established, except as herein otherAvise proAuded. Sec. 3. The City of St. Louis shall be divided into eight Avards, and the common council may, at any time, district the city into ten Avards, the boundaries of Avhich shall be fixed by the common council, by straight lines running east and Avest, deviating to equalize population; and each Avard shall, as near as practicable, contain an equal number of Avhite male inhabitants ; and the common council shall, from time to time, change the lines of each of said Avards for the purpose of ecpializing popu- lation in the same ; but in so changing must adhere to straight lines, as above, as near as may be. Sec. 4. Tlie inhal)itants of the City of St. Louis, as the same extends and is laid out above, and their successors, forever, are herel)y constituted a, coi-poration and body politic, in fact and in hiAV, by the name and style of “ The City of St. Louis, ” and by the same name shall have perpetual succession, sliall sue and be sued, implead and be impleaded, defend and be defended, in all courts of hiAV and cMpiity, and in all actions Avhatsoever ; may DIGEST OF CTIAirrERS AND LAWS. 179 piircliase, receive, and liold ])roperty, real and personal, witliin said city ; and may sell, lease, or dispose of the same for the benefit of the city ; and may purchase, receive and hold property, real and personal, beyond the limits of the city, to be used for the burial of the dead of the city ; also for the erection of water- works to supply the city with water ; and also for the establish- ment of a hospital for the reception of persons infected with contagious and other diseases ; also, for a poorhouse, workhouse, or house of correction ; and may sell, lease, or dispose of such property for the benefit of the city ; they shall have and use one common seal, and may break, change, alter, and make a new seal at pleasure. Sec. 5 . The city of St. Louis is hereby declared to be capable fggg p**^i26 of taking and holding property, real and personal, both within and without the city limits, given or to be given to charitable purposes, and of executing all such charity trusts, in like manner as natural persons are. Sec. 6 . Whenever any piece or parcel of land, which is now or may hereafter be owned or held by said city for pulilic use, shall be no longer wanted for such public use, such land may be sold by said city, and conveyances of the same may be made to the respective purchasers thereof, in such manner as said city shall by ordinance provide. Sec. 7. All of the right, title and interest in and to all the §3, p. nn real estate within the corporate limits of said city, which may at any time hereafter be dedicated, donated or granted to any public use, shall vest in the coi’poration of the city of St. Louis, unless otherwise expressed in the conveyance, })lat, map, or other instru- ment, making or creating such dedication, donation, or grant. Sec. 8. No law or statute of this State, limiting the time for ib., §4, p.ni. commencing any action, suit, or other proceeding for the recovery of the possession of real estate, or for the recovery of any right, title or interest therein, shall prevent or prohibit the city of St. Louis from commencing any such action, suit or other proceeding, at any time within ten years after the expiration of the time limited in such law or statute for the commencement thereof, nor from prosecuting tlie same to final judgment and final execution, or final determination, in the same manner, and under the same rules and regulations, as if such action, suit or other proceeding 180 DIGEST OF CHARTERS AND LAWS. had been commenced within the time prescribed by such law or statute. Act March 3, Sec. 9. The inhabitants of St. Louis are hereby exempted §i 2 ip.ioi. ’ from Avorking upon anyroad beyond the limits of the city, and from paying any tax to procure laborers to work upon the same, lb. §13, p. 101 . Sec. 10. The city shall not, at any time, become a subscriber for any stock in any corporation. Act February 23, Sec. 11. But tlic citv of St. Louis sliall luive powci’ to sub- 1853, §9, p. 106 . e 1 1 i -i i scribe any amount or stock she may deem proper to any railroad to be constructed Avithin the State of Missouri ; and may issue her bonds to pay her subscriptions, for such length of time, and upon such terms and conditions, as she may deem proper, and take all steps she may think proper to protect her interest in any railroad to Avhicli she may or has subscribed any stock. CHAPTER II. Of the Common Council. Absent members, poAA'er to compel attendance of \ 6 Abstract of proceedino’s of board.. 8 Agents ot board may be elected... 4 A'pjyropria.tion bills, ajuis and noes on 15 A^ote necessary to pass 16 Ayes and noes, AAdieii to be taken 15, 21 Bills, AAdien ayes and noes to be taken on. . 15, 21 to be read tln-ee days 17 to be presented to tluMnayor... 19 returned by mayor, " boAV passed 1 20 not returned, Avlien to be- come laAV 22 A^ote necessary to pass cer- tain 16 Borrowing money, A^ote necessarj" to ])ass bills for 16 Clerk of common council to be elected 4 Comynon council, liow composed.. 1 jiowers of 4 — 8 finalilication of members 1 bow elected 1, 2 tei-m of oftice of immibers 2 ollicers of, how appointed 4 to determine contested elec- tions 5 (juornm of. 6 to (U'termine rules of pro- ceeding 7 Common council, may punish tor disorderly condiict § 7 may expel members 7 prdeeedino-s of, how pub- lished 8 A-acancies in, how tilled 11 sessions of. 14 Contested, elections, boai'd to de- termine 5 Council. hoAA^ styled 1 Disorderly behavior, poAver to pnni.sh 7 Etection of members, AA'heii to be held.: 2 board to jndjre of 5 proceedino's if tie in 13 Improvements, hoAV to be or- dered 18 Licenses, bills alfectin^-, how l)assed 15 Mayor, when to order new elec- tion 13 diitv and poAver of, touching bills 19 Members of council, Iioaa' elected 1, 2 t(‘rni of otli(*(‘ 2 elfect of moving- ont of Avanl 3 nniA' be exi)elh‘d 7 to hold no appointment 10 oath of ol1l(*e ot i2 Minority may com|)(4 attendancx^ of memix'rs 6 may adjourn 6 Money, hoAV only to beexpemded IS DIGEST OE CHARTERS AND LAWS. 181 Oath of iiKMnlxM’S of council ^ Office, members not to be ap- pointed to Officers of board, bow api)ointed Ordinances , how i)nblisbed style of, bow proved President of common council to be elected Proceedings of board, liow' kept and published QualiJicatio7i of members of com- liion council board to jiulo’e ot Quo^ntm, what shall constitute... power to compel attendance of Record of proceedings, common council to keep Removal from ward, effect of on members 12 10 4 0 2:1 24 4 8 1 5 6 G 8 3 Revenne, vote n(‘C(vssai*y to pass bills allectino- ^ IG Rules of nroceedinq, board to de- termine 7 Servants of common council, to be elected 4 Sessions of common council, time and place of 14 Style o f ordinances 23 Tax bilL ayes and noes to be taken on 15 vot(' necessary to pass IG Terms of office of members of council 2 Tie in elections, i)roceedino-supon 13 Vacancies in board, how'lilled... 11 Veto, proceedings upon 19 — 21 Vote iK'cessarv to pas«i certain bills '. IG Yeas and nays, when to be ta- ken 15, 21 Section 1. The city council shall consist of one board. Act March 14 . 1859, § 3, p. 12 s. called the board of common council, who shall possess all the powers, and exercise all the functions of the board of aldermen and city council as heretofore constituted. Said board shall consist of twenty members, two to lie elected in each ward ; ami no person shall be eligible Avho shall not have resided three years in the State of Missouri, and be a resident of the ward from which he is elected, and be a citizen of the United States and of the State of Missouri, or who shall be delimpient in the payment of taxes or other dues to the city. Sec. 2. On the first Monday of April, 1800, and every year ibiu, § 4, p 123. thereafter, each ward in the city shall elect one councilman, who shall hold his office for two jxairs, so that one-half of the members of the common council shall be elected in each year. Sec. 3. If any councilman shall, after his election, remove §lUan u from the ward for which he was chosen, his office shall be thereby U acV]vL^rci?u* vacated. Sec. 4. The board of common council shall elect one of their ibid, §7 amis p. 92 as amt nded number to be president of the board, and may appoint a clerk and such other officers, servants, and agents, as they shall deem necessary in the transaction of their business. Sec. 5. The board shall be the judge of the elections, returns, and qualifications of its own members, and shall determine con- tested elections. Sec. 6. The maiority of the board shall constitute a quorum 0 J 1 inuenaou as to do business, but a smaller number may adjourn from day to 182 DIGEST OF CHARTERS AND LAWS. Ib.. § 1 1, p. 92, amended as above. Act March 14, 1859, § 5, p. 128. Ib., §6, p. 128 Act Mar. 3, ’51, art.ii, §14 p.92, as am’d by act Mar 14, ’59, p 128 Ib., § 15, p. 92, amended as above. Ib , § 16, p. 92, amended as above. lb., § 17, p. 92, amended as above. Ib , § 18, p. 92, amended as above. Ibid, § 19, p. 92, and act Mar. 14, ’69, § 26, p. 128. day, and may compel the attendance of absent members, in such manner and under such penalties as the board may prescribe. Sec. 7. The board may determine the rules of its proceedings ; punish its members for disorderly behavior, and, with the con- currence of two- thirds of all the members elected, expel a mem- ber, but not a second time for the same offense. Sec. 8. The board shall cause a correct abstract of its pro- ceedings to be made out and published in two of the newspapers of the city. This abstract shall present the substance of all the petitions, memorials and remonstrances, of all motions and pro- positions, and of all bills, resolutions and orders, so as to exhibit their nature and import ; and shall also present a brief and accurate statement of all proceedings in relation thereto. The communications of the mayor and other city officers shall be published in full in the papers publishing the proceedings of the board ; but the board shall so order as not to incur the expense of publishing the same document a second time. Sec. 9. All ordinances passed by the council shall, within five days after they become laws, be published in two newspapers, published in the city of St. Louis. Sec. 10. No councilman shall, during the term for which he was elected, be appointed to any office under the city. Sec. 11. All vacancies that shall occur in the board shall be filled by election, in such manner as shall be provided for by ordinance. Sec. 12. Each councilman shall, before entering on the duties of his office, take an oath that he will support the constitution of the United States, and of this state, and the provisions of this charter, and that he will faithfully demean himself in office. Sec. 18. Whenever there shall be a tie in the election of coun- cilman, the judges of elections shall certify the same to the mayor, who shall immediately thereupon issue his proclamation, stating such facts, and ordering a new election. Sec. 14. There shall be two stated sessions of the board of common council every year, and they shall be held on the second Mondays of May and October, at such places as shall be pre- scribed by ordinance. Sec. 15. Upon the passage of all bills appropriating money, or bills imposing taxes, increasing, lessening, or abolishing DK^EST OF CHARTEIIS AND liAWS. 183 licenses, and of bills borroAving money, and on any (question, at the desire of tAvo members i)resent, the yeas and nays shall be entered on the journals. Sec. IC). A concurrent Amte of a maioritA^ of all the members ,1'*’ •' 1859^ § 25, p. 132, elect of the common council shall be necessary to pass a tax bill, bills appropriating money for any purpose, and bills in anyAAdse ^ increasing or diminishing the city reA^enue. Sec. 17. No bill shall be passed Avithout being read on three ib., §io, p. 129 . separate days. Sec. 18. No money shall be expended, nor shall any improve- ActMar. 3 , isoi, 1 1 1 • 1 ■ 1- P ^ I iii, § 4 p. ment be ordered, involving an expenditure or money, except 9 g. by ordinance, the provisions of Avhich shall be specific and definite. Sec. 19. Every bill aaIucIi shall have been passed by the ib.. § 5 , p. 96, council shall, before it becomes a laAV, be presented to the mayor iviar. u, 1859‘p. for his approbation. If he approA^e, he shall sign it ; if not, he shall return it, AAdth his objections, to the board, Avhich objections shall be entered at large on the journal, and the bill be recon- sidered. Sec. 20. If, after such reconsideration, tAvo-thirds of all the ib. § 6 , p. 96 , an.i members elected to the board shall agree to pass the same, it shall §7, p. 128 .' become a hiAv. Sec. 21. In all such cases, the votes of councilmen shall 1)0 ib., § 7 , p. 96 . taken by yeas and nays, and entered on the journals of the board. Sec. 22. If any bill shall not be returned by the mayor in five ib , §8, p. 96 . days (Sundays excepted) after it shall have l)een presented to him for his approbation, the same shall become a laAV in the same manner as if he had approved and signed it. Sec. 23. The style of the ordinances of the citv shall be ; Mar. 14, -59, , . , § >2, p. 129. ^Be it ordained by the cornnion council of the city of St. Louis. Sec. 24. All ordinances of the city may be proven by the ActMar. seal of the corporation, and, Avhen printed and published in book 96. form, and purporting to be so printed and published by authority of the corporation, the same shall be received in evidence, in all courts and places, Avithout further proof. 3, 1851, §12, p. 184 DIGEST OF CHARTERS AND LAWS. CHAPTER HI. Of Legislative Powers. Alcohol^ inspection of provided P, 1[29 Alleys, powers concerning-. ^1, ^ 8, 43 Amusements, powers concern- ing , Tl 20 Appomfment ot otticers, powers concerning gl, ^ 35 Auctioneers, powers concern- in^^ ^17 Avenues, powers concerning ^1, ^ 8, 43 Bawdy houses, power to sup- Pi-nss §1 , 21 Beef, ])ower to provide ins])ec- tion of. ^1, 29 Billiard tables, power concern- ing 1[21 Bills to borrow money, how passed I 2 Board of health, liow consti- tuted |1, ^ f) Borrowing money, powei'S for n, r-i l)ills for, how passed | 2 Bread, powers concerning...^!, ^ 31 Bricks, powers concerning \l, j 32 Bridges, powers concerning...^], \ 9 Brokers, ])owers concerning. ..|l, ^ 17 Buildinq materials, inspection of iy27 Baildinqs, powers concernint)- 22, 24 Butter, inspection of provided '^1, f 30 (Jarondelet, may commit prison- ers to workhouse ^4 may be annexed to 8t. Lonis ^ Carts, powers concerning ^1. Ce?isus, ])ower to take |l. Charcoal, measuring of. ^1, Chhnneys, cleaning of. |l, Chouteau'S power to Cleaning chimneys ^1, ^ 23 Combustible materials, storage of §1, 1124 Common, control ovei* ^1, ^ 44 Compensation of otlicers, pow(‘r to fix .§1, H 30, §0 of niemb(“rs of council (5 Contagious diseases, power to ])r(went |1 , 1[ 4 Convent of the Sacred Heart, privilegi' of ^1 , ^ 8 Culverts, ])owers concerning. ..|l, 1[ 9 Curbstones, powers concerni ng D . 1[ 41 Debt of city, powi'rto pa}^ ^1, U 3 Diseases, contagious, power to prevent §1, 1[ 4 Disorderly assemblage, power to prevent p, 1f42 houses, power to suppress... 1[21 Disturbance, power to pre\ent, §1, 1[42 Docks, powers concerning. ..p, 1[ 15 Dram-shops, powers concern- ing ^L 1[21 Drays, powers concerning...p , f 18 Eggs, power to prevent fore- stalling of p, 1[30 Elections, powers concerning, p, If 34 Enumeration of inhabitants , pow- er to take p , If 33 Exhibitions, powers concerning Expenses ot city, power to pay, P, If 3 Eees of jurors and witnesses, power to tix p. If 30 Fences, partition, powers con- cerning p. If 25 Ferries, power to license and regulate p. If 39 Fines, power to impose p, \ 37 maximum of. p, 1 how recovered p,1f44 Fire companies, powers concern- ing P,1[22 Fireplugs, power to erect p. If 7 Fire wardens, powers concern- ing P, 1122 Fires, powers concerning P,1f 22, 23, 24 Flour, ins[)ection ot p, ^29 Forestalling, power to prevent^ 1, f 30 Forfeitures, jiower to impose, p, jf 37 Fruit, power to pr(;vent fore- stalling of p. If 30 Fuel, nKaisuring of. p. If 28 Gaming and gambling houses, powers concerning p. If 21 General legislative powers p. If 44, 47, ^5 Good government, i)ower to se- cuVe p , If 44 Grocers, powers concerning. ..^1 , \ 17 Gunpowder, storage of. p, *[ 24 Gutters, powers c()ncerning...p , If 41 Hackney carriages, iiowers con- (;erning p , Hawkers, jiowers concerning, p, Hay, inspi'clion of. p. Health, j)Owei- to si'curc; p. Health offiixr, provisions cou- ('('rn'ing p , Hospitals, power to establisb...p , 18 17 28 1D5 0 5 DIGES'L' OF CHARTERS AND LAWS. \llydranfs^ power to erect ^ 7 ^Jnttpection^ jtowers coneei-niii”- |1, ^ 27, 28, 20, 80 \nsura7ice coynpayiics , power to tax ^1, ^ 4() Jvrors, power to lix tees of...^l, f 80 I Junes ^ powers coiicerniiig-, ^1,^8, 48 L(\}'d, inspection of ^1, ^80 LeHslative powers, general ^1, If 44, 47, ^5 LigMing streets., powers concern - n\g P,1fio Liquors, inspection of. ^1, f 29 Lumber., inspection and meas- nring* of ^1, ^27 Manufactures., dano’erons, pow- ers concerning ^1, f 22 Market houses and places., powers concei-ning ^1, If 11 Meal., inspection of. ^1, 29 Measures, power to establish, |l, 20 Meat, power to regulate sale of. ?1, 1f30 Merchants, powers concern- , . Ifl" Mississippi river, navigation ot §1, If 14 Molasses, inspection of ^1, f 29 Money, power to borrow ^1, ^ 2 power to appi-opriate p, ^ 8 Money changers, powers con- Navigation of Mississippi river, P^l, J 14 Noise, power to prevent ^1, ^ 42 Nuisances, power to abate gl, ^f 0 Officers, powers concerning ^1, If 84, 85, 80 Oil, inspection of ^l, ^ 29 Omnibuses, powers concerning „ Ordinaries, powers concerning „ §Mfl7 Partition fences , powers conc(*rn- p ?^^25 Pawnbrokers, powers concern- ing ?1, f 17 Peace, i)Ower to maintain |l, ^'44 Pedlers, powers coneerning...|l , V 17 impose...|l, f 87 Penalties, ])ower to ii inaxinumi of ^1, ^44 bow reeovered ^1, ^ 44 Police commissioners, city not to contlict with ^1 , ^ 47 Poll tax, power to levy and col- ' „ •. D.lf-io Pork, inspection ot ^1, ^29 Port wardens, powers conc(*rn- If ^ 89 Porters, powers concerning,..^!, ^ 19 Poultry, power to r(‘gnlate sale of ^1, J 80 Property, control over ^1, ^ 44 Propei'ty guards, powers con- cerning p, Tf 22 Pi'ovisions, inspection of |1 , f 80 Public grounds, powers concern- ing §1, ^18 Pumps, power to erect ^1, ^ 7 Quarantine laws, power to make ^1,J4 Retailers, poAvers concerning p, ^17 Riot or rout, powers to pre- vent. U,1f42 Sacred Heart, streets not to pass through convent ^1, ]f 8 Sewers, powers concerning.. ..|l, ^ 9 Shows, powers concerning. ..p. ^ 20 Sidewalks, powers concerning ^1, If-ll Standard weights and, measures, power to establish §1, ^ 26 St. Louis University , streets not to pass through If 8 Stone coal, inspection and weight of. P, If ‘28 Streets, powers concerning, p, ^[8, 48 Syrup, j)ower to inspect gl, ^ 49 Taverns, powersiConcerning...^l, ^17 Taxes, power to lew and col- lect .‘.^^1, If 1, 40, 46 Theaters, powers concerning, gl, 20 Tippling -houses , powers concern- ing ^1, 1f21 Vegetables, power to regulate sale of. ^1, If 80 Vessels, jiowers concerning...^ 1 , \\ 16 Vinegar, jiower to ins])ecf ^1, ^29 Wagons, jiowers eonci'rning, |l, ^ 18 ire//.s, jiowers concerning. .. ^1 , ^f 25 Water, power to jn-ovide city with l\, If 7 Water com'ses, jiowers concern- .ing If 3 Weights and measures, powers concerning ^1 , ^ 26 Whai'ves, poAvers concerning, ^1, ^15 Whisky, insiiection of ^1, ]| 29 Wine, inspection of. ^1, 1f29 Witnesses, iiowertotix fees of |l, ^ 86 Wi)oden buildings, poAvers con- cerning ^1 ]f 22 W'orkhouse, power to erect, etc. ?1, ^18, ?8 commitments to regulated. ..^|8, 4 Carondelet may commit to ^4 W) Section 1. The Mayor and Common Council shall have power within the city, by ordinance : Firsi — To levy and collect taxes, not exceeding one per 186 DIGEST OF CHARTERS AND LAWS. centum, upon all property made taxable by law for State pur- poses. Second — To borrow money on the credit of the city. Third — To appropriate money and provide for the payment of the debt and expenses of the city. Fourth — To make regulations to prevent the introduction of contagious diseases into the city ; to make quarantine laws for that purpose, and to enforce the same within ten miles of the city. Fifth — To establish hospitals and make regulations for the government thereof. Sixth — To make regulations to secure the general health of the inhabitants, and to prevent, remove, and abate all nuisances, at the expense of the owners or occupants, or the parties upon whose grounds they exist ; also, to constitute a board of health, to consist of five members, wdio shall be elected by the common council, and hold their offices, respectively, for the term of one year ; said members to be elected from the members of the com- mon council ; said board shall perform such duties and receive such compensation as may be prescribed by ordinance ; Provided^ however^ The health officer shall be ex-officio a member of said board, but shall receive no additional compensation for his ser- vices as such member. Act Mar. 3, 1851, Scveuth — To pi’ovide the city with water, and to erect hydrants, fire-plugs and pumps in the streets, within or beyond the boundaries of the city, for the convenience of the inhabitants of the city and environs. Act March 14 , Eighth — To opoii, alter, abolish, widen, extend, establish, 1859, §22, p. 132. ^ ^ \ i i • • grade, pave, or otherwise improve, clean, and keep in repair, streets, avenues, lanes and alleys, wharves and public grounds and squares ; but the mayor and common council shall not establish nor open a street, lane, avenue, or alley, through the grounds lying and being situated between Ninth street and Eleventh street, and Washington avenue and Green street, with- out the written assent of the proprietors of the St. Louis Univer- sity, so long as the building now used as a university remains erected thereon. And they shall have no power to open or cause to be opened, to extend or cause to be extended. Sixth street, or any other street or lane, through the grounds now enclosed Act Feb’y 11, 1847, p. 84. DIGEST OF CHARTERS AND LAWS. 18T and occupied by the Sisters of tlie Sacred Heart, and upon wliicli tlieir convent is located, it being designed to protect them in the enjoyment of the garden and pleasure grounds attached to said convent. A'*i?ifh — To establish, erect, and keep in repair, bridges, cul- a,? verts, and servers, and regulate the use of the same ; to establish, alter, and change the channel of water- courses, and to wall them up and cover them over. Tenth- — To provide for lighting the streets and erecting lamps thereon. Eleventh — To erect market-houses, establish markets and mar- ket places, and provide for the government and regulation thereof. Twelfth — To provide for the erection of all needful buildings for the use of the city. Thirteenth — To provide for enclosing, improving and regulat- ing all public grounds belonging to the city. Fourteenth — To improve and preserve the navigation of the Mississippi river within the city. Fifteenth — To erect, repair and regulate public wharves and docks ; to regulate the erection and repair of private wharves and to fix the rate of wharfage thereat : Provided^ the rate of wharf- age at private wharves shall be the same as at public wharves. Sixteenth — To regulate the stationing, anchoring and mooring of vessels within the city. Seventeenth — To license, tax, and regulate auctioneers, gro- cers, merchants, retailers and taverns, and to license, tax, regulate and suppress ordinaries, hawkers, peddlers, brokers, pawnbrokers and money changers. Eighteenth — To license, tax, and regulate hackney carriages, omnibuses, wagons, carts and drays, and fix the rates to be charged for the carriage of persons, and of wagonage, cartage and dray- age of property. JVineteenth — To license and regulate porters and fix the rate of porterage. Twentieth — To license, tax, regulate and suppress theatrical and other exhibitions, shows and amusements. Twenty-first — To license, tax, restrain, prohibit and suppress billiard tables, tippling-houses and dram-shops ; and to suppress 188 DIGEST OF CHARTERS AND LAWS. Ac(M:ir 14, ’59, §•24, 1). 132. Act Miu-. 3. 1851, art . iii, § 2, IT 27, I). 94. gaming and gambling houses, and other disorderly houses, and to suppress bawdy houses. Twenty -second — To provide for the prevention and extinguish- ment of fires, and to organize and establish fire companies ; also, to regulate, restrain or prohibit the erection of wooden buildings, and to provide for the removal of the same, when erected con- trary to the ordinance of the city ; to regulate and prevent the carrying [on] of manufactures dangerous in causing or produc- ing fires, or dangerous or injurious to health ; to appoint fire wardens and property guards, with power to remove and keep away from the vicinity of any fire all idle and suspicious persons lurking near the same ; and to compel any person or persons present to aid in extinguishing such fire, or in the preservation of property exposed to the danger of the same, and in preventing goods from being purloined thereat, and with such other powers and duties as may be prescribed by ordinance ; to compel the owners of houses and other buildings to have scuttles upon the roof of any such houses and buildings, and stairs and ladders leading to the same. Twenty -third — To regulate and order the cleaning of chim- neys, and to fix the fees thereof. Twenty-fourth — To regulate the storage of gunpowder, tar, pitch, resin, hemp, cotton, and all other combustible materials, and the use of lights and candles in all stables, shops, and other places ; to remove or prevent the construction of any fire-place, hearth, chimney, stove, oven, boiler, kettle, or apparatus, used in any house, building, manufactoiy, or business, Avhich ma}' be dangerous in causing or promoting fires ; to direct the safe con- struction of deposits for ashes, and, severally, to enter into, or to appoint one or more officers, at reasonable times, to enter into and examine all dwelling houses, lots, yards, enclosures, and buildings of every description, in order to discover whether any of them are in a dangerous state, and to cause such as may be dangerous to be put in safe and secure condition. Twinty -fifth — To regulate and prescribe the manner, ami order the building of partition and of pai-apet walls, and of partition fences. Twenty-sixth — To establish standard weights and measures, and regulate the weights and measures to be used in tlie city, in all cases not otherwise provided by law. DIGEST OF CHARTERS AND LAWS. 189 Twenty-seventh — To provide for the inspection and measur- ing of* lumber, and other building materials. Twenty-eiy^hth — To provide for the inspection and weighing of hay and stone coal, the measuring of charcoal, firewood and other fuel to be used in the city. Twenty -ninth — To provide for and regulate the inspection of beef*, pork, meal and flour, in barrels, hogsheads, or other vessels ; also, to provide for and regulate the inspection and guaging of oils, molasses, syrup, whisky, alcohol, aud other spirituous licpiors, as well as vinegar and wine in kegs, barrels, half -barrels, tierces, hogsheads and all other vessels : Provided^ That nothing in this act contained shall be so construed as to authorize the inspection of any article enumerated in this act which is to be shipped beyond the limits of this State, except at the request of the owner or owners of such article. Thirtieth — To regulate the inspection of butter, lard and ActMar.3, isai, other provisions ; to regulate the vending of meat, poultry, and p- vegetables ; to restrain and punish the forestalling of poultry, butter, eggs, and fruit, and to suppress hucksters. Thirty -first — To regulate the weight, quality and price of bread to be sold and used in the city. Thirty -secoixd — To regulate the size of bricks made or used in the city. Thirty -third — To provide for the taking an enumeration of the inhabitants of the city. Thirty- fourth — To regulate the election of all the elective city officers, and provide for removing from office any pei’son holding an office created by this act, or by ordinance, not other- wise provided for. Thirly-Jiffh — To provide for the appointment of all officers, servants, and agents of the corporation, not otherwise ])rovided for. Thirty-sixth — To fix the compensation of the city officers, and regulate the fees of all jurors, witnesses, and others, for ser- vices rendei'ed under this act, or any ordinance. Thirty-seventh — To impose fines, forfeitures, and penalties, for the breach of any ordinance, and provide for the recovery and appropriating such fines and forfeitures, and the enforcement of such penalties. DIGEST OF CHARTERS AND LAWS. H)() Thirty-eighth — To erect a workhouse and house of correction, and provide for the regulation and government thereof. Thirty-ninth — To create the office of port warden, and define the duties thereof ; and to regulate and license all ferries within the limits of the city. Fortieth — To levy and collect a poll tax, not exceeding fifty cents, upon every free white male person over twenty- one years of age, who shall have resided six months within the city. Forty-first — To remove all obstructions from the sidewalks and curbstones, and to provide for the construction and repair of all sidewalks, and for the cleaning of the same, and of the gutters, at the expense of the owners of the ground fronting thereon. Forty-second — To prevent and restrain any riot, rout, noise, disturbance or disorderly assemblages in any street, house or place in the city. Forty-third — To prevent and remove all encroachments into and upon all streets, lanes, avenues, and alleys, established bylaw or ordinance. Forty-fiourth — To exercise complete and perfect control over the common, and all of the property belonging to the city, real or personal, whether lying within or beyond the limits of the corporation created by this act, and the same to lease, sell, transfer and dispose of, either absolutely or with limitation, to any person or persons whatsoever ; and generally to make such rules, regulations, by-laws, and ordinances, for the purpose of maintaining the peace, good government and order of the city of St. Louis, as the council may deem expedient, not ]*epugnant to the constitution or laws of this State ; and also to enforce the observance thereof, by inflicting penalties upon any inliahitant thereof, or other person or persons, for the violation of any ordinance, not exceeding five hundred dollars for any one offense, recoverable with costs, in any action of debt, by and in the name of the city of St. Louis, for the use of the city, before any court having cognizance of the same. Forty-fiifth — To drain and keep di’ained Chouteau’s pond, whenever they deem it best so to do for the general health. Forty-sixth — To levy and collect an annual i)ro rata tax on Act Mill . 5, 1S65, § 2, \> 107. j DIGEST OF CHARTERS AND LAWS. 191 all fire insurance companies, for tlie purpose of defraying the expenses of the inspection of buildings and investigating the causes of fires. Forty-s€ve 7 ifh — To pass ordinances for preserving order, ^ct March 27.^ securing property or persons from violence, danger or destruc- tion, protecting public and private property, and for promoting the great interests and insuring the good government of the city ; but no ordinance hereby passed, or that may hereafter be passed, by the common council of St. Louis, shall in any manner conflict or interfere with the powers, or the exercise of the powers, of the board of police commissioners of the city of St. Louis ; nor^ shall the said city, or any officer or agent of the corporation of the said city, or th(^ mayor thereof, in any manner impede, obstruct, hinder or interfere with the said board of police, or any officer, or servant, or agent thereof or thereunder. Sec. 2. The common council shall have power, by ordinance, March ^ art. V to provide for borrowing money for the following objects : p- 101. First — To complete the sewer on Biddle street, from Ninth street to the river. 3, ii. Second — To build sewers on Poplar street, from Tenth street to the river ; on Thirteenth street, from Washington avenue to Poplar street, and on Seventh street, from Olive street to Biddle street. Third — To purchase ground for, and erect all public buildings ib., amended hy : „ , . , ; , act February 23, necessary tor the use ot, the corporation, and also to purchase i«b3, § 3, p. loo. public grounds, and to improve and keep the same in repair ; also to purchase ground for and erect a town hall, and other municipal buildings, in any part of the city of St. Louis ; and to issue the bonds of the city for the purpose, under the same restrictions as are provided in regard to other loans. Fourth — To erect a new reservoir, and to extend and comiilete ActMar.s, issi, 1 art. vii. § 14, me waterworks. 4, p. 101. Fifth — To complete the works necessary for the improvement of the harbor, and to improve unimproved streets. Sixth — To erect a house of refuge and correction for juvenile ib., v 6 , anuui offenders; Provided^ however^ That every ordinance for borroAving 23^ is 63 , § 7, p money shall specify the amount to be borrowed and the object to which it is to be applied, and shall have been passed by a concur- 192 DIGEST OF CHARTERS AND LAWS. Act March 3 1861, art. vii, § U, IT 7, p. 101. Tb., art. vii, § 10, p. 100. Act December 5, 1853, p. 118. rent vote of two- thirds * of the members elect voting for the same : Jiiul provided further^ That no such ordinance shall be in force until the same shall have been submitted to the qualified voters of the city for their approval, to be taken at any general election held in this city, or at any special election held for that or any Other purpose, if so ordered by the council in the ordinance proposing the loan. Seventh — To pay judgments against the city when there is otherwise no money in the treasury to meet the same ; and in case of money borrowed for this purpose, the same may he done, upon a vote of two-thirds of the council, without submitting the same *to the qualified voters of the city. (See also Chapter XX, section 1.) Sec. 3. The city of St. Louis shall have power to erect and organize a workhouse in St. Louis county. Any person who shall fail or neglect to pay any fine or costs imposed on him by any ordinance of the city of St. Louis, for any misdemeanor or breach of any ordinance of said city, shall, instead of being committed to the jail of the county, be committed to the work- house, until such fine and costs be fully paid: Provided^ however^ That no such imprisonment shall exceed the period of six months for any one offense. Every person so committed to the workhouse shall be required to work for the city at such labor as his health and strength will permit, within or without said work- house, not exceeding ten hours each day ; and for such work and labor, the person so employed, shall be allowed, exclusive of his board, fifty cents per day for each day’s work, Vvdiich amount shall go toward paying such fine and costs. Sec. 4. The cities of St. Louis and Carondelet shall have power to make any contract, agreement or arrangement, by which the city of Carondelet may imprison persons in the workhouse of the city of St. Louis, or in the inclosures or appurtenances thereof, for the violation of any ordinance or by-law of the city *Tlie 25tli section of “An act amendatory of and supplementary to the several acts incorporating the city of St. Louis,” approved Marcli 14, 1850, which i)rovides that ‘‘a concurrent vote of two-thirds of all the members elect’ ’ shall be necessary to ]3ass a tax hill, etc. , was amended by section 13 of ‘ ‘An act for the relief of tlu* city of St. Ivouis, ’ ’ approviul May 13, 1801, so as to retpure a majoi-ity vote only of all members elect. 4'he above section is not, however, referred to in either of these acts. DIGEST OF ClEAllTERS AND l.AWS. 1 m of Caroiulolct ; and tlio person so imprisoned may be recpiired by tlie eity of Oarondelet to Avork or labor in such Avorkhouse or inelosure, or appurtenances or elsewhere, under such rules and regulations as said city of Carondelet may by ordinance pre- scribe. Sec. 5. The common council shall have now'cr to make all ^ciMar 3 , issi, ^ _ art. Ill, § 3 . p 95. ordinances Avhicli shall be necessary and proper for carrying into eftect the poAvers vested by this act in the corporation, the city government, or any department or officer thereof. Sec. 6. The common council shall have poAver, by ordinance, fl'' to fix the compensation of all its members and other city officers. Sec. 7 . The citv of St. Louis and the citv of Carondelet, in Act Mar. > 8 . - 6 1, . r . § 1 , p- 147. the county of St. Louis, are hereby authorized to annex their respective corporations, upon such terms and conditions as regards boundaries, indebtedness, real estate, liabilities, priAuleges, im- munities, and the limitations and the extent thereof, as may be agreed upon by joint ordinance of the municipal council of each of said cities by a majority vote of the memliers of each council ; Provided^ That Avithin six months after the passage of such joint ordinance, the same shall be submitted to the legal voters of each of said cities, and be approved l)y a majority vote of such Anters, respectAely ; in AAdiich CAmit such joint ordinance shall be of full force and effect as if the same had been passed as an act of the General Assembly of the State of Missouri. CHAPTER IV. ()f lilt Municipal Officers^ Assessor, otlice of (U-eated...,, 1 10 diiti(‘s of. .... 10 Auditor, to be elected ....7, 11 term of of1i(te of. 7 otlice of entated 10 duties of. ..10, 1:1 Chief oificer iA' oMy , who to be... 1 (hty attorney, to be elected ., ....7, 11 term of office of. 7 otlice of creat(*d 10 diiti(3S of. 10 Common council, m:iy romoA’e mayor from ofHcc. 1 Avlicn to decide mavor’s (‘lee- lion i ;i, 4 pi'csideut of to act as mayor, Avlieu.... G 13 t/ieii' Power and Duties. Common council, mayor to eommuni- (•at(‘ Avitli 7 mayor may call extra ses- sions of 8 to i)roc(‘(*d against oflicers in- terested in conti-acts 20 Comptroller, to be elected 7, 11 term of otlice of 7 otlice of cr{‘at(*d 10 duties of. 10 Contracts, ollicers not to be in- b'rested in 20 not to b(‘ made unless a])i»ro- ))riat(‘d for — 22 Counselor, city, o0ic(‘ of (treated 10 duties of. 10 Engineer, city, ollice of created 10 114 DIGEST OF CHARTERS AND LAWS. En(jinee7\ oity, duties of. ^10, 1(5 to b(‘ appointed by mayor 28 term of oftiee of. 28 Fund coimyiinnioner ^ otH(*e of created 10 duties of 10 Gan cojHinifisioner, otlice of created 10 Harboi' inaate/^ to be elected 7, 11 term of office of. 7 office of created 10 duties of 10 Ijcmd coimnissioner ^ office of created 10 duties of 10 Marshal^ f'ify, office of created 10 duties of. 10, 15 3/ayo7’, to be chief officer of city 1 to be elected 1 term of office of 1 may l)e removed from office... 1 (pialifications of 4 tie in election of, how decided 8 coiitesfed elecfioii of, how decided 4 vacancy in office of, liow filled 5 tie in office of, how filled 5 president of common coun- cil to act as, when 6 to appoint certain officers 7, 10 may remove certain officers... 7 fo see laws and ordinances observed 7 mav remit fines, efc 7 to fill vacancies 7 to communicate with com- •'inon council 7 may call special sessions of council 8 to state cause of special ses- sions 0 May 01 '. to reside in city 17 effect on, of removing from city 17 to re])ort officers interested in conti-acts 20 Officers, to reside in city 17 not to be interested in con- tracts 20 not to hold two appoint- ments 20 cmlx'zzliug moneys, penalty, 21 to make no contracts unless ap[)ro[)rlated for 22 President o f common council., when to act as mayor (► (liialificafions of mayor 2 of recorder 18 Recorder, to be elected 7, 11 ([ualilications of 18 jurisdiction of 18 duties of 18, 10 to report to mayor 10 term of office of 7 Register, city, to be elected 7, 11 term of office of. 7 office of created 10 duties of. 10, 12 Superintendent of water works., office created 10 duties of. 10 Superintendent of workhouse., of- fice creah'd 10 duties of 10 Treasurer, city', to be elected... 7, 11 term of office of 7, 28 office of created 10 duties of 10, 14 Vacancies, mayor maj' fill 7 Vacancy in office of mayor., how filled ■ 5 Act Mar. 3, ]851, art. iv, § 1. p. 96, as amended hy act Mar. 1 1 ’59, §6, |) 128 lb. §2 p. 96. as ameniled, p 128. Ib. §3. p. 96 as amended, p. 12H. Section 1. Tlie cliiei* executive officer of the city shall be the mayor, who shall be elected by the qualified voters of the city, and who shall hold his office for the term of two years, and until his successor is duly elected and qualified ; and may, for misde- meanor in oftice, be removed from office by the board of common council, if three-fourths of all the members elected to said ])oard shall vote for such removal. Sec. 2. No person shall be mayor who, at the time of his election, is not possessed of tJie qualifications requij-ed for a councilman, or who holds any lucrative office under the authority of the United States. Sec. 8. When two or more persons shall have an equal number of votes for the office of mayor, the board of common council shall decide the election. DKIEST OF CIIAIITERS AND LvVWS. 1 ur> 8i^X\ 4. Whencvor an election for mayor shall be contested, the council shall determine the same hy vote. Sec. 5. Whenever any vacancy shall happen in the office of mayor, it shall l)e filled by election, in such manner as shall be provided for by ordinance. Sec. 0. The president of the hoard of common council shall exercise the duties and receive the compensation of mayor, when- ever and so long as, from any cause, said office of mayor shall be vacant, or the mayor be absent from the city. Sec. 7. The mayor shall, subject to the approval of the board of common council, appoint every officer of the city, except the comptroller, city recorder, auditor, treasurer, register, harbor master, and city attorney, who shall be elected in the same manner as heretofore, whose term of office shall be the same as that of the mayor ; and the mayor shall have power to remove any such officer by him appointed: Provided, That three-fourths of the members elect to such board shall vote foi* such removal. The mayor shall take care that the laws of the State and the ordinances of* the city are duly enforced, respected and observed within the city ; he may remit fines, forfeitures and penalties accruing from, or imposed for, the violation of any ordinance of the city ; he may fill all vacancies which may occur in any elective office, other than that of councilman, until the same be filled by election; and in any other office, until the end of the session of the' board of common council which shall next happen after the vacancy shall have occurred ; he shall, fi'om time to time, give to the common council information i-elative to the state of the city, and shall recommend to their consideration such measures as he shall deem ex})edient for the advantage of the city. Sec. 8. The mayor may call special sessions of the board of common council, by proclamation. Sec. 1). Whenever a special session of the common council shall have been called by the mayor, he shall state to them, when assembled, the cause for which they have been convened. Sec. 10. There shall be a city register, city auditor, city treasurer, city marshal, city attorney, city engineer, city comp- troller, harbor master, city counselor, land commissioner, gas commissioner, superintendent of workhouse, superintendent of waterworks, assessor, and fund commissioner, who, in addition to Ib. § 1, I). 97, an aiiieiKlt'd, p. I2b Ib. § 5, p. 97. Ib. Art. iii. §13, p. 96. Act Mar. 14, ’59. § 8, p. 128 Act Mar. 3, 1861, art. iv, §7, p. 97, as amended by act March 14, 1859. Act Mar. 3, 1861, art. iv, §8, p 97, as amended by act Mar 14, ’69. lb. §9,as amend- ed by act Marcli 14, 1859. Act Mar. 3, 1861, art. iv,§10, p 97. Act Feb 23, ’63. § 4, p 106; act Dec. 13, 1855, §1, p. 121 ; act. Ian 16, I860, §’6, p. 136; act March 14, 1869, §2, p. 196 DIGEST OF CHARTERS AND LAWS. ' 126; act Dec. 11, 1855, p. 120 ; act Jan. 17, 1863. §2, p. 147 ; act Mar. 5, 1855_,§1, p. 109. Act Mar. 3, ’51, art. iv,§ll, p.97, as ameiuled by act Mar. 14, ’69, p. 128; also, act Feb. 23, 1853, § 4, p. 106. Ibid, § 12. Ibid, § 13. Ibid, § 14. Act Mar. 3, ’61, art. iv, § 15, as amended by act Mar. 14. 1859, p. 97. Ibid, § 16. Ibid, § 17, p. 98. the duties prescribed by this act, shall perform such other duties as may be prescribed by ordinance ; there shall also be such other officers, servants and agents of the corporation, as may be pro- vided by ordinance, to be appointed by the mayor, by and with the advice and consent of the board of common council, and to perform such duties as may be prescribed by ordinance. Sec. 11. The city register, city auditor, city attorney, city comptroller, city recorder, city treasurer, and harbor master, shall be elected by the qualified voters for the office of mayor. Sec. 12. It shall be the duty of the city register to keep a record of all the official acts of the mayor, and, when necessary, to attest them. He shall keep and preserve in his office the common seal of the city, and all records, pulilic papers and docu- ments of the city, not properly belonging to any other office. Sec. 13. It shall be the duty of the city auditor to prescribe the mode of keeping, stating and rendering all accounts, unless otherwise provided by ordinance, between the city and any person or body corporate. Sec. 14. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the auditor. Site. 15. The city marshal shall, within the city, in matters of a criminal nature, arising under any law of the State, possess the same powers, perform the same duties, and receive the same compensation as either constable of St. Louis township ; ho shall « execute and return all processes issued by the mayoi*, recorder, any councilman or justice of the peace, under this act or any ordinance of the city. Sec. 16. It shall be the duty of the city engineei' to superin- tend the construction of all public works ordered by the city ; to make out plans and estimates thereof, and to contract for the execution of the same ; and to perform all surveying and engi- neering ordered by the city: Fi'ovidvd, hou'ever. Such })lans and contracts shall be first approved by the board of common council, or they shall not be valid. Sec. it. The mayor, and all other officers oF tlio corporation, shall reside witliin the limits of the city during their continuance in office ; and if the mayor of the corporation sliall cease to DIGEST OE Cl [MITERS AND LAWS. DJ7 reside 'witliiii tlie limits of tlie same, Ids office shall he tlierehy vacated. Sec. 18. The recorder shall possess the same (|ualiflcations as ibui, § is. the mayor, under the provisions of this act, and may be removed from office in the same manner as the mayor ; he shall have the same jurisdiction as jnstices of the peace, within the limits of the city, in all State cases ; he shall have a jurisdiction over all cases arising under any ordinance of said city, subject, however, to an appeal, in all cases, to the St. Louis criminal court; and every such appeal shall be taken and granted in the same manner as appeals are taken from and granted by justices of the peace to the criminal court, under the general law of the State. He shall charge, in all cases, the same fees which are now allowed to justices of the peace for the same kind of services, which shall be charged and collected as other costs, and, when collected, paid into the city treasury. Sec. 19. The recorder shall make a semi-annual report of all ibid, § i9. fees charged for his services, which report shall be verified by affidavit and returned to the mayor, who shall submit the same to the first meeting of the common council thereafter. Sec. 20. No officer of the city shall be interested in any con- Act March i t, 1869, ^27, p i;V2. tract under the city, directly or indirectly, in any manner whatever ; and any apjiointed officer becoming so interested, shall be dismissed from office immediately by the mayor ; and on the mayor’s being satisfied that any elective officer is so interested, he shall immediately suspend said officer, and report the facts to the board of common council; whereupon the board shall, as soon as practicable, meet to hear and determine the same, and if, by a two-thirds vote, he be found so interested, he shall be imme- diately dismissed from such office. No officer shall hold two appointments under the city government. Sec! 21. Any officer or emjiloyee of the city who shall appro- ibui, § lo, p. 129 . priate to his own use, or to the use of any other person, any money lielonging to the city, or the interest thereon accruing, when the same is dejiosited in a bank or other institution, or with any banker, or other jierson, shall be deemed guilty of embezzle- ment, and be punished by imprisonment in the county jail for a term not less than two years. 108 DIGEST OF CHARTERS AND LAWS. Act May 13, ’61, § II, p. 145. Act Mar. 3, ’61, art. iv, § 11, p. 97, as amended by act Feb. 23, Ib53, § 4, p. 106, and also by act Dec. 11, 1855, p. 120. Act Mar. 3, ’61, art. V, § 1, p. 98, ■IS amended by act Mar. 14, ’.59, §8, p. 123. Ibid, § 2. Ibid, § 3. Sec. 22. No officer of said city, authorized to make contracts on behalf of the city for work, or materials, shall make any such contract which shall rei^uire the expenditure of any greater sum than the 'amount actually appropriated by existing ordinance for such work or materials. Sec. 28. The city engineer shall be ajipointed by the mayor, by and with the consent of the board of common council ; and he and the city treasurer shall hold their office for one year, and until their successors are duly qualified. CHAPTER V. 0/ Elections. Common council to appoint judges of election .' ^ Election for niimicipal otticers, when held judges of, how appointed to take oath Elections, result of, how ascer- tained to be by ballot where iiot to be held how long to continue special, how provided for proceedings on tie in Grogshops., elections not to be held in Judges of election, how appointed to take oath.. Judges of election, when to open 3 and close polls \ 3 how to ascertain result of 1 elections 3 3 Officers, when elected..,. 1 3 when opened and closed... 3 I how many to be opened 4 3 I not to be’closed during day... 7 2 Qualification of voters (> 5 Special elections, how jirovided 7 ! for 8 8 I Voters to vote by ballot 2 1) j in wards in which they re- I side 2 5 1 how many may be present at 3 j counting 3 3 I qualitications of G Section 1. A general election for all the officers of the corpor- ation, required to be elected biennially by this act, shall be holden on the first Monday of Ajiril, in the year 1851), and eyery hvo years thereafter. Sec. 2. At all elections for city officers, the yoters shall yote by ballot, and only in the wards wherein they res})ectively reside. Sec. 8. Judges of election shall be ajipointed by the lioard of common council ; they shall take an oath to faithfully and impar- tially discharge their duties ; they shall ojien the ])olls at sunrise and close them at sunset, when they shall forthwith proceed to ascertain and certify the result of the election, in pi-esema' of so many of the candidates oi’ other ])ersons of all jiarties, indis- criminately, as can be conveniently aycoininodati'd in the room selected for the puiqiose : Provided., Idiat there shall never be DIGEST OF CHARTERS AND LAWS. loss tliaii ten voters present at any count, IF so many desire to he |)resent. Sec. 4. Hereafter, not less than nvo polls shall he opened in each of the wards in said city at elections. Sj'/j. 5. No election shall he held in a grogshop, or other place where intoxicating li(piors are vended. Sk?. 6. All persons (pialified as electors under the tenth section of the third article of the constitution of the State of Missouri, who shall have i-esided six months within the city, and one month Viithin the ward Avhere they offer to vote, next preceding the election, shall be deemed qualified voters at all elections for city officers. Sec. 7. Elections for city officers shall continue hut one day, and during that day the polls shall not he closed under any pretense whatsoever. Sec. 8 . Special elections to fill vacancies shall he held under such regulations as may he provided for ))y law or ordinance. Sec. Ih Whenever there shall he a tie in the election of city officers, the judges of election shall cei'tify the same to the mavoi’, who shall issue his proclamation immediately thereupon, stating such fact, and ordering a new election. CHAPTER A I. Of (Jpdiln^ and Jniprovi nii^ Streets. Alleys. ])r()C(*(*( ling’s to oixai ^2 — 9 (;ost of i)aving and i’(*i)air- ' ing, liow paid 10, 17 (‘iigiiHH'i’ to kcej) in i’(‘pair 11 wIkmi council to ord(*r grad- ing and paving of. El | Aecnues. ])roc.(‘cdings to o])cn 2 — 9 j (see stre(*ts) Jle?iefits. on openingstrccls, etc., how ass(*ssed 4 j to he lien on propta-ly 4 (hrriaye v)ay . cost of i’(‘pairing, ■ who to pay 10 ' (Vianqe of qrade of street, city liallle for.. IG Comnwn council not to order ' work on iinopeiu’d str<‘(4... 1 ^ may cause; all(*ys to he clean- i ed and paved 1 j to appropriate beiietits as- j sessed (5 [ to conlirm or I’eject impiest... G i Coniynon council. j)ro(*(‘edings of, when title in dispute ^ G when to cause streaUs, etc., to he i‘(‘j)aired 12 to ordei’ certain work on ]K‘tltlon 12, El, 14 not to order certain work at cost of ownei’s El , 15 (fnyipensation for land takeni to oi»en str(*(‘ts, (dc. 2, 4 Cost of work on sti’iads. how paid 10, 12, El, 15, 17 Curlriny. \\’ho to pay cost of 10 Dunwyes for land in ojaming stre'cts, how ascei’talned 11, 4 payment of, how secured 4 not awardeal to peditioners foi’ opcinng sti’ced , etc • 7 Fjtujineer. city, too kea'p side;- walks and all(*ys in r(‘i)air... 11 Crude of streets, city liahh; for change; in .* IG \\)\) Act I)(*c. .i, 1865, § 12, p. 118. Act Mar. 3, '51, art. V, § 4, p. 5)8. Ibid, § 5. Ibid, § 6. Ibid, § 7. Act Feb. 15, '4 1 art iv, §17, p.6 7 200 DIGEST OF CHARTERS AND LAWS. Grading streets, wlio to piiy ^ 10 Guttering, who to ])ay 10 hnprovmg streets , etc. , cost of, how paid 10, 12, 18, 15, 17 Judgments ao-uiiist city on open- ing’ streets, nature of. 9 Jury, to ascertain tlie value of land taken 2, 4 iinpiest of, may he set aside 5 Land commissioyier, duty of in oi)ening’ streets, etc! 2 — G to appoint jury 3 to give notice to owners 8 may set aside inquest of jury 5 to report inquest to council.!. G may agree with land owners... 8 May's) ml, city, to serve notices on land owners 3 Notices to land owners, how served 3 Opening streets., etc., proceed- ings in VI Owners of land to be compensated for property taken 2 , 4 to pay benefits, when 4 Otoners of land may petition for opening strec'ts, etc ^ 7 may agree with land com- missioner 8 Paving streets, etc., how paid 10 Public squares, proceedings to oi)en 2 — 8 Repairing streets, etc., who to l)ay 10 Sidewalks, cost of paving, etc., how paid 10 how to keep in repair 11 Special taxes for improving sti-eets, etc. 1.5,17 Streets, provisions concerning... VI compensation for land taken to open 2 proceedings to open 2 — 9 cost of grading and repair- ing, how paid 10, 15, 17 ■when to be graded and ]>aved . . . 12 city liable for change of grade in IG Wharf, proceedings to open 2 Act Mar. 14, ’69, g 15, p. 130. Section 1 . It shall not be lawful for the board of common council to grade, pave, macadamize, clean, water, or light any street, lane, avenue, or wharf, not established and opened according to law and ordinance. It shall, nevertheless, be lawful for the common council to order the owner or owners of ground fronting on any private alley to keep the same clean, and, if necessary thereto, to direct him or them to pave the same. Acfjan. 16 , ’ 60 , Sec. 2. Whenever the council shall provide l)y ordinance for g ,p. 136. establishing, opening, widening or altering any street, avenue, alley, wharf, or public scpiare, and it becomes necessary for that purpose to take private property, and no agreement can be made with the owner or owners thereof, just compensation shall be made therefor to the person or persons whose property is so taken, which the land commissioner shall cause to be ascertained by a jury of six disinterested freeholders of the city, the particulars of which proceeding shall be prescribed by ordinance. Ibid, g6, p. 137 . Sec. 8. The land commissioner shall appoint a day of impan- neling a jury and ascei’taining the damages, at least six days’ notice of which shall be given to the person whose property is proposed to bo taken ; and if any of tlie owners thereof are unknown or cannot be found by the marshal of the city, or are absent from the city (and the return of the marshal shall be conclusive as to the facts therein stated), ])ublication tlu'reoi DIGEST OE CHARTERS AND l.AWS. liol shall be iiiade in at least two of the city daily newspapei’s, for at least four weeks before the day a})pointed, notifying all owners and others interested in the })ropei-ty proposed to be taken, that, on the day therein named, the land commissioner will cause the property therein described to be condemned for public use as an alley, street, avenue, wharf, or s(|uare, as the case may be, and damages to be assessed therefor as herein provided ; and such notice, by publication as aforesaid, shall be binding upon all per- sons whatsoever having any interest in any property that may be charged by the verdict of the jury, and with the payment of any portion of the damages in consideration of benefits to be derived by them. Sec. 4 . It shall be the duty of the jury, first, to ascertain the p. 137. actual value of the land proposed to be taken for the opening, widening, or altering of an alley, street, avenue, wharf, or pub- lic square, without reference to the proposed improvement ; then, for the payment of such sum, to assess against the city the amount of benefit to the public generally, and the balance against the OAvner or owners of property benefited by the opening of such alley, street, avenue, Avharf, or square, according to the value of the property so assessed, and in the proportion that sucli property may be respectively l)enefited by the ])ro})osed improvement ; and the sum or sums to be paid l)y the OAvner or OAvners of property respectively benefited by the im])rovement, as ascertained by the jury, shall be a lien upon the ])roperty so charged, and shall be collected as provided by ordinance. Sec. 5. The land commissioner shall have poAA'ci-, for good ibid, gs, p. 137. cause shoAvn, AA’itbin ten da3\s after any impiest shall have been returned to him, to set the same aside, and cause a ncAv impiest to be made. Sec. 6 . If the verdict of the jury be not set aside by the land ibid.p, p, 137. commissioner, it shall be bis duty, Avithin one month, to rcjiort the same to the council, and, if confirmed by the council, an appropriation shall be made to ])ay such sums as shall be assessed against the city, and it shall be hiAvful for the city to take jios- session of the ground so condemned for public use; but if not confirmed by the council Avithin tAvo months after being reported to them by the land commissioner, all the proceedings shall b^i void. If the title to any pro])erty proposed to be condemned be DICxEST OF CHARTERS AND LAWS. •io2 ill controversy, iiotliiiig shall be paid therefor until the right to the money ascertained by the verdict of the jury is determined by a court of competent jurisdiction, in a suit between the par- ties respectively claiming the same ; none of the costs of which litigation shall be borne by the city unless the city be one of the claimants ; and during such contro^'ersy the money shall remain in the city treasury. ii.i.i. 3 i> 137. Sec. 7. When the OAvners of the major part of the front of all the property on the street, avenue, alley or Avharf proposed to be opened, Avidened or established, shall petition the council therefor, the city council, if the improvement proposed by the pe- titioners be deemed expedient, shall provide by ordinance for the opening, Avidening or establishing the same ; and the proceedings for the condemnation of property so proposed to be taken shall in other respects be conducted as is prescribed in this article, Avhen it is sought to condemn property for public use, Avifhout the petition of the property holders, but no damage shall be aAvarded to any OAViiers so petitioning. u.i.i,?i!,j> 137. Sec. 8. Whenever one or more of the OAvners of property Avhich it may be necessary to take for public use in the opening of any street, avenue, alley, or Avharf, shall propose to reliiupiish such property Avithoiit claim of dajnages, on condition of exemp- tion from payment of benefits for further ojiening of such im- provement, or upon other conditions, the land commissioner shall be authorize*! to compromise or agree Avith such pei'sons, and to i-emit, abate and exempt them from the payment of damages, in consideration of the payment of benefits AAdiolly or partly, as equity may seem to re(piire, and ])roceed to condemn such other ])roperty as may not be relinquished for the purpose, and to assess the damages and benefits thereof to and upon such other persons as may be damaged or benefited by such improvement, and ro- ])ort his proceedings to the council, anything in this act contained to the contrary notAvithstanding. p i3s. 9 ^ Judgments against the city on account of* damages to ])rivate pro])erty, in cases of opening streets, shall not be con- sidered as ordinary judgments, but such judgment shall be held in abeyance, and the city shall not take ])ossessi()n oP the ground condemned until such judgments shall ])e confirmed ainl a])pro])ri- ations made to pay the same out of the general revenue. DIGEST OF CHARTEl^H AND LAWS. Se(\ 10. The cost of* grading, ])aviiig, repairing, and repaving Act^Maj;^. sidewalks, curbing and gutters alongside included, and of:* re})aving the entire carriage-way, gutter included, of any street or any portion of* any street ; also, the cost of grading, paving, or re])aii‘- ing the pavements of any alley in the city of St. Louis, shall be borne by the owners of the adjoining property. Sec. 11 . The city engineer is hereby empowered, under the ibid, §2, p. iut control of the common council, to repair and keep in repair all streets and alleys in the city of St. Louis, and to that end cause all the work to be done mentioned in the foregoing section. Sec. 12 . In those cases where the common council shall deem uid, §3, p. a s. it necessary, and also in all cases where the owners of the major part of the lots or lands fronting on any paved street, or portion of a paved street, or iwiy paved alley or portion of a paved alley, may petition for repaving the same, the common council shall cause such repaving to be done in manner prescribed by ordinance. Sec. 13. In those cases where the city council shall deem it ibid, g i. p. iot>. necessary, and also in all ca:ses uhere the owners of the major part of the lands or lots fronting on any alley or portion of an alley shall petition for the grading and paving of the same, the city council may cause such grading and })aving to be done, in manner to be prescribed by ordinance. Sec. 14. But the common council of the city of St. Louis shall ActAUiy i;r ’ 61 , g 16, p. 1 It;. have no power to pave, macadamize, curb, or gutter, any street or alley, at the expense of jiropei’ty oAvners whose property fronts on such street or alley, unless a majority in intei'est on such street or alley shall consent thereto in writing, or unless the same shall be declared a nuisance by a jury of six disinterested citizens of said city: Provided^ That the provisions of this section shall not apply to any street or alley where two or more blocks are OAvned by one person, or one estate ; but tlu' above jirovisions of the law shall apply in all such cases. Sec. lb. The mayor and common council shall have ])OAver, by Act Miir. n, ' 6!), ordinance, to levy and collect a sjtecial tax on the oAvners or’ occupiers of the lots on any street, lane, or avenue, or j)art of any sti’eet, lane, or avenue, accoi-ding to the respective fronts oAvned or occu})ied by them, for the [)ui-])ose of jtaving or grading the sideAvalks on such street, lane, oi‘ avenue : Pr'oiddt'd , The said 204 DIGEST OF CIIARTERS AND LAWS. Ibid, ^23, i>. 132. Act Feb. 15^ -64, i^2, p. 162 special tax shall not exceed the cost of such grading, or pa\dng, according to the respective fronts aforesaid: and provided further^ That no such improvement shall he ordered until the street in front of such improvement shall have first been planked, paved, or macadamized, in the center thereof. Sec. 16. In the event of any alteration of an established grade of street or allejy the city shall be liable for all damages resulting from such change of grade, the damages to be assessed by a jury imparmeled for that purpose, by any court of proper jurisdiction. Sec. 17. The cost of paving, macadamizing, or otherwise improving, constructing, reconstructing, and repairing all streets, alleys, and other highways in the city of St. Louis, which, under existing laAvs, is chargeable to the property adjoining or in the vicinity of such Avork, shall be assessed by the city engineer as a special tax against such property, in such manner as the common council may by ordinance direct, and shall be collected as other taxes are collected, according to the provisions of an act of the General Assembly of the State of Missouri, entitled “An act in relation to the assessment and collection of taxes in the city of St. Louis, levied for the purposes of the government thereof, ” approved January 17, 1863. CIIAI>TER YII. Of the Ahno and Extended Axw Limits As.srssors, to (listin^ui.«li rcA^omie from iicAV limits i Colle.cfors, to (listin,i]fuisli roATime from new limits Comnviftee on iniprovemeMU in mnv limits (see iieAV limit (‘om- mittee Comynon council , not to appropri- ate neAV limit fund, Avhen 3 to provide for exiienditnre of neAV limit fund (5 may reject i-eimrt of lunv liinit committee 0 to establish plan for streads in extended ncAV limits 10 to order (;ertain work on pe- tition 11, 12 Cost of iniprovlny streets in ex- lended mnv limits, bow jiaid 1 1 Engineer (city) to (linnet Avork ill ncAV limits (> Extended new limits, Avhat dis- 1 trict to compose \ 8 taxes in, not to exceed AA'bat... 0 1 plan to be established for streets in 10 streets in to conform to iilan... 10 Avlien streets in, to be im- l)roved 11, 12 costs of improvinjj: streets in, lioAV paid 11 harbor tax in 13, 11 ])olice force in lo Grading in extended nevj limits^ when to b(‘ ord('r('d 11 cost of, how paid 1 1 llarhor tax in extended new Ibnits 13 how ex])eud(Ml 11 fmprorenient of streets in iu'aa' limits, how ord(M-(‘d 1, 5, 0 in (‘xtended new limi ts 1 1 DRIEST OF CIlAllTEJiS AND LAWS. : 2 (> Macadamizing in extended new lim- its^ wlioii ordcMvd I 11 cost of, ll 0 ^v paid 11 New limit coaimittee, liow coiii- ])O.S('d 4 duties of. 4 to report to comnioii eouneil rei)ort of to be published 4 of two adjoiiiiu^' wards, how 4 to aet 5 coniiuoii eouneil may reject report ot ' (> Neiv limit fund ^ how determined 1, 2 not to he applied to repaii-ing- streets 3 when not to he iipi)ropi-iated, 3 common council to provide for expenditure of. G New limit law^ how long to re- main in force .' 7 New limits, revenue from, pro- visions concc'rning ^1, 2, 3 Paving in extended neto limits^ when to he ordered 11 cost of, how api)lied 11 Police force for extended new limits 15 Revenue from new limits, how a])plied 1, 2, 3 Streets^ what, to he improved out of new limit fund 3 in extended new limits, to contorm to general plan 10 how improved 11 Taxes in extended new limits, maximum of 9 for harbor, to l)e paid in ex- tended new^ limits 13 for harbor, how applied 14 Section 1. In making tlie assessment of tlie revenue of the city Act Mar. i, of St. Louis, the assessors shall so arrange and make out their books as to distinguish tlie revenue arising from taxes on prop- erty in the several wards, situated within the new limits of tlie city (which were added to the city by an act approved February fifteenth, eighteen hundred and forty-one, entitled An act to amend an act to incorporate the city of St, Louis, approved on the eighth day ol‘ February, eigliteen hundred and thirty-nine”), from the revenue accruing from taxes on property situated in the old limits of the city, as they existed before the ])assagc of the above recited act, so as to show liow much revenue is derived from taxes on property situated Avitldn said new limits, added to the said city of St. Louis ])y tlie above recited act ; and, in like manner, the collectors of i-evenne shall kee]) their accounts so as to show the amount of revenue derived from tax on licenses granted Avithin said iicnv limits, and outside of the old limits, of the respective wards. Sec. 2. When the whole city revenue of each year shall have iimi, been collected, there shall be paid, out of the net aggregate amount thereof deilved from taxes and licenses of every kind; First — All exjienses of the city liospital, except for additions or enlargement of the buildings. Seco'nd — All ([iiarantine or extra ex])enses, except for build- ings, that may have been incurred within the year, on account of the danger or ])revalence of ejiidemic disease. Third — All interest that may accrue upon money borroAved 2()U DIGEST OF CHARTERS AND LAWS. Act Foil. ‘23 jJS, !>. 106. Act May 13 ^ 12, p, 146. Act Alar. 1 M- P- 89 auiciuletl b> JIarch 14, ?3. p. 1-28. Ibid, ‘i 4. Ibid, I b. for tlic construction of public sewers within the city, which have been, or may be, constructed at the exiiense of the city ; and then one-half tlie remaining i-evenuc derived from taxes and licenses as afoi-esaid, within said new limits, and outside of old limits, shall be set apart and appropriated to the making, and grading, and improving the streets within said new limits, and outside of said old limits, in each of the several wards of said city, in pro- portion to the amount of such revenue derived from each, respectively ; and no part of the revenue thus set apart shall be used for other purposes than as herein specified. > Sej. ?). No part of the new limits fund shall be appropriated ^» 6 i, foi* repairing streets. The common council of said city shall not pass any ordinance for the improvement of streets in the new limits of said city, or for other improvements in said new limits, to be paid for out of the new limit fund, when the amount recpiii’cd for such improvement exceeds the amount actually in the treasury of said city to the credit of said fund. • Sec. 4 . The councilmen fi'oni each ward, for the time being, 185? constitute a standing committee on improvements for the limits of said ward, and shall determine upon and report to the common council wdiat streets within the new limits they recom- mend the improvement of, and the amount to be expended in said improvement ; which report shall be in writing, signed by said committee, and shall be ])ublished daily, for at least four days, in two papers publishing the proceedings of the common council ; and if the council then concur in the report, they sliajl pass an ordinance providing for such improvement, as in other cases. Sec. 5 . Whenever a street shall form a division line between that part of any two wards within such new limits, the improve- ment committees of the two wards may act jointly, and recom- mend that an eipnil amount from the new limit fund of each ward be appropriated to improve such street. Sec. 6 . It shall be the duty of the common council to pass such rulej^, make such oi*ders, and establish such regulations, as will cause the money thus set apart for the im})rovement of the new limits of the several wai*ds to be faithfully, judiciously, and economically applied, in such manner as will best promote the interests of said new limits, and provide for the manner in which the fund thus set apart shall be paid out and disbursed ; and all DIGEST OF CirAirrEllS AND J.AWS. 207 such iiuproveinciits sliall l)e coiitractcMl for, and constructed under the superintcudeiice of the city engdueer, and l)e in all respects managed as other city improvements: Pruvldvd^ hoiavcr^ That no street shall be improved out of the ne’vv limit fund until recom- mended by the improvement committee ; but the council may re- ject the report of such committee. Sec. 7. The above provisions of this act are hereby continued Act jan ih .-bo, ^ §3, p. 136. in force until the twelfth day of April, eighteen hundred and sixty-six : Provided^ however. That if all the streets in the new limits of any ward shall hereafter b~e improved before the expira- tion of said period, then and in that case the provisions of this act shall cease to apply to said ward, and all the revenue collected in said ward shall remain in the general fund of the city. Sec. 8. The district of country added to the city of St. Louis Act ucc. 5, -on. by an act entitled ‘LAn act to extend the limits of the city of St. ' Louis, and for other purposes,” approved December 5, 1855, shall be designated the ‘^extended nenv limits.” Sec. 9. The taxes to be levied by the mayor and city council ii.id § i, p. ii6. upon the taxable })roperty in said extended new limits, during the period of ten years from the passage of this act, shall not exceed one-third of one ])er centum per annum on the assessed value thereof ; saving, however, the harbor and other taxes hereinafter jirovided fVn-. Sec. 10. d'he mayor and city council of the city of St. Louis iiaa §:> p in. shall, without unnecessary delay, estaldish by ordinance a gen- eral plan for the location and graduation of streets within said extended new limits ; and in all subdivisions of property liereafter to be made by the resjiective owners, they sliall ennform their streets to said general plan, urdess it be otherwise permitted by ordinance. Sec. 11. In cases where the mayor and city council shall deem ibi-i, §6. it necessary,* and also in all cases where the ownei’s of the major part of the land, or lots, fronting on any street, or portion of street, in the extended new limits, shall petitition for the grading, paving, or macadamizing thereof, the city council may cause grading, piiviiig or macadamizing to be done in manner as ])re- sci’ibed by ordinance. The cost of all rough grading shall be * See Chapter VI, section 14 DIGEST OF CHARTERS AND LAWS. •JOS paid out of the general city treasury ; tlie cost of all paving, 'vvlietlier of the carriage-way, gutters, curbing, sidewalks or crossAvalks, done under the provisions of this section, shall be apportioned and cliai-ged on the adjoining lots in the propor- tion of tlieir front, and be paid by the owners of such lots, respectively, and tliey shall be bound to pay for the same as though the liabilities were contracted by themselves, and may be sued therefor accordingly ; and the lots or lands chargeable therewith shall also be held by a lien for the respective appor- tioned share of such cost until the same be fully paid. Such lien may be enforced by special tax, levy and sale, or by pro- ceedings at law, all according to such proceedings as may be prescribed by law. Act Decern 12 , ggc. 12. The board of common council of the city of St. 1S(>3 § 1, p. 155. _ . . . Louis shall cause streets, or portions of streets, in the extended new limits of said city, to be improved, whenever a majority of the property holders resident on a street, or portion of a street, shall petition therefor. A-G'f Sec. 13. In addition to the taxation heretofore authorized, the mayor and city council may levy a tax, not exceeding one-twentieth of one per centum per annum, upon all taxable property in the territory hereby added to the city of St. Louis, for the pre- servation and continuation of the improvements in the harbor of said city. U'i 1. § 8. Sec. 14. The wharfage collected within the extended new Act 1863 limits shall be ex])ended for the improvement of the wharf, in the wards, respectively, where collected, and separate accounts shall be kept for that purpose. uecoin. 12 , Sec. 15. Ill addition to the police force authorized by ‘hVn act authorizing the board of police commissioners, and author- izing the appointment of a police force for the city of St. Louis,” approved iMarch 27, 18'C)1, there shall be appointed, enrolled and enpiloyed, an additional force of not more than thirty men and one captain, and ordinary policemen, as is noAV by law provided ; which additional force shall be used and employed solely in the extended new limits of the city of St. Louis, at such points thereof and in such jiroportions as the several localities recpiire. DIGEST OF CHARTERS AND LAWS. 209 CHAPTER YHI. Of Savers. Sewer distnets , how prescribed . . . ^ 1 Sewers, ehissilieatioii of 1 Special district sewer tax, how applied 1 Special public sewer tax, com- 111011 council to levy I 1 amount of 1 how applied 1 Section 1. The board of common council shall have power, by Act Marci. u, , 1 1 T ; 1 1859, §14, p. 129, ordinance, to cause a general sewer system to be established, which shall be divided into three classes of sewers, namely: public, district, and private sewers. Public sewers shall be established along the principal courses of drainage, at such times and to such extent, and of such dimension, and under such regu- lations, as may be provided by ordinance ; and there may be extensions or branches of sewers already constructed, or entirely new throughout, as each case may require. The board of com- mon council shall levy a tax on all property made taxable for State purposes, over the whole city, to pay the cost of construct- ing, re-constructing, and repairing such works ; A>diich tax shall be called a “special public sewer tax,” and shall be of such amount as may be required for the sewers provided by ordinance to be built ; and the fund arising from said tax shall be appro- priated solely to the building, re-building, and repairing of said sewers. District sewers shall be established, within the limits of districts to be prescribed by ordinance, connecting with the public sewers, or other district sewers, or with any natural course of drainage, as each case may require. Such district may be subdivided, enlarged, or changed, by ordinance, at any time pre- vious to the construction therein. The common council shall cause sewers to be constructed in each district, whenever a majority of the property holders resident within a district shall petition therefor, or whenever the council may deem such scAver necessary for sanitary or other purposes ; such scAvers shall be made of such dimensions as may be prescribed by ordinance, and may be changed, enlarged, or extended, and shall have all the necessary laterals, inlets, and other appurtenances, Avliich may be required. So soon as a district scAver shall have been fully com- pleted, the city engineer, or other officer having charge of the work, shall compute the whole cost thereof, and shall assess it as 14 210 DIGEST OF CHARTERS AND LAWS. Act Jaimarv 16^ I860, § 4, p. 136. Act March '14, 1859, § 14, p 129. a special tax against the lots of ground, exclusive of improve- ments, in proportion to the area of the whole district, exclusive of public highways ; and said officer shall make out a certified bill of such assessment, against each lot of ground v/ithin the district, in the name of the owner thereof. Such certificate shall be delivered to the contractor for the work, who shall proceed to collect the same by ordinary process of law, in the name of the city, and to his use ; and in cases of absent owners he may sue by attachment, or by any other process known to law ; and each certificate shall be a lien against the lot of ground described therein, and shall bear interest at the rate of ten per centum per annum, from thirty days after the date of issue ; and if not paid within six months after date of issue, then it shall bear interest at the rate of fifteen per centum per annum, until paid. And every such certified bill shall, in every action brought to recover the amount thereof, be pritna facie evidence of the validity of the charge against the property therein described, and of the liability of the person therein named as the owner of such property. And the city shall incur no liability for building district sewers, except whenever the city is the owner of a lot of ground within the district, and in that case she shall be liable for the cost of said sewer, in the same manner as other property owners within the district. The repairs, cleaning, and other incidental expenses of district sewers, shall be paid out of a general appro- priation for that purpose ; and at the end of each fiscal year the auditor shall report to the common council the amounts paid on account of each district, separately, and the assessors shall be instructed to assess the amounts so charged to each sewer district, in proportion to the assessed value of the property, as a “ special district sewer tax, ” and shall charge it as an item in the general tax bills of the next fiscal year following the expenditure. Whenever district sewers have ])een already constructed, the com- mon council shall have power to assess a special tax against the property in such sewer district, in proportion to the value thereof, for the immediate liquidation of the bonded debt and interest of said sewer district ; and the accounts of the said sewei* districts shall thereafter be kept in accordance with the provisions of this section : F r ovule d., That in no case shall a sewer run diagonally DIGEST OF CHARTERS AND LAWS. 211 through private property 'when it is practicable to coiisti’uct it parallel to one of its front lines ; and a public sewer shall not be constructed through private property when it is pi’ac- ticable to construct it in the adjacent street. (See Chapter XX, section 1.) CHAPTER IX. Of the City Revenue. Appropriations, certain, com- mon council to make. ..^1, 2, 3 for police department, maxi- mum of. 1 for wharf, liow to be ai)plied 2 tor special objects, liow to be applied 2 not to exceed certain sum 4 prohibited, unless money on hand 5 not to be diverted, except by ordinance 7 amount of, to be reported to council 9 Auditor, to I'eport amount of revenue, when 9 Auditor's books, ti-anscript from, evidence, when ]3 Bills, in what amount city to issue 10 Bonds, city niaj' issue to pay bonds due 4 Common council, how to a])pro- priate money 1, 2, 3, 4, 5 members of, liable for certain vote 5 to publisli statement of re- ceipts, etc IG Comptroller, to cancel certain accounts 0 Delinquent officers, proceedings a‘,minst 12, 13, 14, If) mayor to order suitaoainst 12 what to be evidence in trials against 13 cases ag-ainst, triable at return term 14 when trials against may be what claims allowed to 15 Fiscal year, when to terminate, 17 Harbor tax, how applied 2 Health department, appropria- tions to be made for 3 Hospital, appi-opriations to be made for 3 Interest, api)ropriations to be made for payment of. 3 Liqhtinq the city, appropriations to be made for ^ 3 Mayor, liable for approving cer- tain bills 5 to order suit against delin- quent officers 12 Notes, in what sums city to issue IG Offieers, liable for diverting ap- propriations 7 del i 11 (1 u e n t , p rocee d i n gs against 12, 13, 14, 15 Police department, appropriations to be made for 1 Receipts and expenditures, council to publish a statement of IG Revenue, how a))plied 1, 2, 3, 4 excess of, how applied 4 sejiarate account of, to be kept 8 amount of to be reported by auditor and tnaisurer 9 conncil to publish a statement of IG Sinking fund, approinlations to be made for 3 Special accounts, certain, to be canceled G Special taxes, how applied 2 Statement of receipts and expendi- f tures, to be published ( IG Avhat to contain IG Taxes, special, how applied 2 Treasurer, to report amount of r(‘ veil lie 9 Treasury warrants, city may is- sue 11 Trial of delinquent officers, pro- visions for 12, 13, 14, 15 what to be evidence in 13 triable at relurn term 14 when to be (jontinued 14 what claims allowed in 15 Warrants, in what sums to be issued 10, 11 ( See trcilsuiy warrants.) W harfage. appropriations for, how applied 2 212 DIGEST OF CHARTERS AND LAWS. Act March 27, 1861, § 16, p. 143. Act February 5. 1864, § 1, p. 158; Act Decem. 12, 1863, § 6, p. 156. Act February 23, 1853, gl, p. 104. Act March 27, 1861, § 16, p. 143, as amended by act February 5, 1864, § 1, p. 158 Act March 14, 1859, §13, p 129. Section 1. The board of common council of the city of St. Louis are hereby required, in the first appropriation ordinance of the fiscal year, to set apart and appropriate the amount certified to them by the police commissioners of the city of St. Louis, as the necessary expenses of the police department for the current fiscal year, payable out of the ‘special fund set apart for that purpose, the whole of said appropriation for police purposes not to exceed the sum of one hundred and seventy-five thousand dollars. Sec. 2. The revenue received from wharfage (deducting expenses of collecting the same, and other incidental expenses attendant thereon) shall be applied and appropriated exclusively to the improvement of the wharf, until the same be completed ; and the harbor tax, and all other special taxes, shall be applied exclusively to the objects to which they are applicable by law. Sec. 3. When the city revenue of each year shall have been collected, there shall be paid, out of the net aggregate amount thereof received from taxes and licenses of every kind : First — The amount necessary to pay the interest upon the indebtedness of said city. Second — The amount necessary for the expenses of the city hospital and health department. Third — The amount necessary for the expense of lighting the city with gas ; and Fourth — The sum of ten thousand dollars required by law to be placed to the credit of the sinking fund of said city.* Sec. 4. The appropriations and contracts made and entered into by the board of common council, during any one fiscal year, for all objects of the public service (except special expenditures, payable out of special revenue or taxes), shall not exceed the income of the previous fiscal year, after deducting from such income the proceeds of special revenue and taxes ; but if the income of any one fiscal year, excepting therefrom the special revenue and taxes applicable to special objects of expenditure, shall be found to exceed the amount of appropriations herewith authorized, the board of common council shall appropriate such excess of income to the payment of the public debt. *For appropriations concerning tiie new limits, sec Chap. VII, j). 204. DIGEST OF CHARTERS AND LAWS. 213 P^'ovided. hotucver. That the council may issue new bonds for ActFebruary23, \ 1863, § 1, p 104. the purpose of paying bonds matured, and apply the proceeds to the payment of bonds so falling due, or may appropriate the surplus revenue of each year to the payment of such bonds, or the creation of a sinking fund for that purpose. Sec. 5. From and after the second Monday of October, 1861, ActMayi3,i86i, . . ’ § 8, p. 145. the common council of the city shall not, after having passed a general appropriation bill, pass any ordinance appropriating money, unless the amount thereby appropriated be actually in the treasury of the city and not recpiired to meet appropriations already existing. Any member of said common council voting for, and any mayor approving, any ordinance passed in violation of this section, shall be jointly and severally liable in his personal estate for any amount drawn from the treasury of said city in pursuance of any such ordinance. Sec. 6 . The comptroller of said city shall cause to be canceled ibid, § lo, p. i 45 . all special accounts on the books of the auditor of said city showing an unexpended balance to the credit of any special fund, when he shall be satisfied that such apparent balance has been authorized and used in the payment of indebtedness of said city. Sec. 7 . No sum of money appropriated by ordinance to any ibid, § 9, p. i45. particular fund or object, shall, except in pursuance of change in the appropriation thereof by ordinance, be diverted from such fund or object, or used for any other purpose ; and any officer of said city making or authorizing any such diversion, or use, shall be liable in his personal estate for any amount so diverted or used for any purpose or object other than that for which the same was especially appropriated. Sec. 8. A separate account shall be kept of the revenue appli- ActMar.s, i85i, ^ ^ 3.rtvii§ 23 j) cable to the different objects in this act indicated, and of the 102 . disbursements on account of each. Sec. 9 . At each session of the city council, stated or special, ibid, § 23, p 102. and on the first day thereof, the auditor and treasurer, under such penalty as may be prescrilied by ordinance for neglect thereof, sliall lay liefore the council and the mayor a statement showing the amount of income derived from the revenue of the preceding fiscal year, and the appropriations for the different objects to Avhich 214 DIGEST OF CHARTERS AND LAWS. the revenue is applicable during the then current fiscal .year, certi- fied by them jointly. Ibid, §24, p. 102 . gEC. 10. No warrant, bill, or note, shall he issued by the city to any creditor of* the city, for less than one thousand dollars, or the entire amount due by the city to such creditor, if the same be less than such sum, or the balance remaining due to such creditor, after the issue to him of such thousand- dollar securities. ActMay 13, 1861 g^c. 11. But the citv is autlioi’ized to issue an amount not § 1 and 2, p. 146. exceeding two hundred thousand dollars of city treasury warrants. Act March 23, in denominations of one, two, and three dollars ; and, also, issue 1863, §6, p. 161. . , . three hundred thousand dollars of similar warrants, subject to the action of the common council ; and to issue treasury warrants ActMar. 3 1861 , anew ill place of those returned mutilated and worn. Sec. 12. Whenever any revenue or other city officer, account- able as such for money received or receivable by him, shall neglect or refuse to pay into the treasury of the city the sum or balance reported by the auditor to be due from him to the city upon the adjustment of his account, the mayor shall order suit to be com- menced in the proper court against such delincpient officer for such sum or balance, adding thereto the commissions of the delin- quent, which shall be forfeited in every instance ivliere suit is commenced and judgment obtained thereon, and an interest of six per cent, per annum from the time of receiving the money, or when it shall have been received, until it shall be paid into Ibid, § 18 , p. 101 . the treasury. Sec. 13. In every case of delinquency, where suit has been or shall be instituted, a transcript from the boohs of the auditor, certified by him, shall be admitted as evidence, and the courts trying the cause may grant judgment and award execution Ibid, 1 19, p. 101. accordingly. Sec. 14. When suit shall be instituted against any delinquent as aforesaid, the court, where the same may be pending, shall grant judgment at the return term, upon motion, unless the defendant shall, in open court — the city attorney being present — make oath or affirmation that he is entitled to credits which had been, previous to the commencement ot* tlie suit, submitted to the consideration of the auditor, and rejected, S])eci tying eacli particular item so rejected in the affidavit, and that he cun not DIGEST OF CHARTERS AND LAWS. 215 then safely come to trial ; oath or affirmation to this effect being made, subscribed and filed, if the court be thereupon satisfied, a continuance until tlie next succeeding term may be granted ; but not otherAvise. Sec. 15 . In suits, such as aforesaid, no claim for a credit ibid, g 20, p. 102. shall be admitted upon trial but such as shall appear to have been presented to the auditor for his examination, and by him disallowed in Avhole or in part ; unless it be proved to the satisfac- tion of the court that the defendant is, at the time of the trial, in possession of vouchers not before in his poAver to procure, and that he A\^as prevented from exhibiting a claim for such credit to the auditor by some unavoidable accident. Sec. 16 . The city council shall, at least once a year, not ibia, g 1, p. 100. more than thirty nor less than tAventy days before the annual election, cause to be published, in the neAvspapers employed to do the city printing, a full statement of all the receipts and expendi- tures of every description for the current fiscal year, including all the moneys Avhich have passed through the hands of the comptroller or treasurer, for any purpose Avhatever ; together Avith the different sources of the city revenue, the amount received under each, the several appropriations made by the said city council, the objects for which the same Avere made, and the sums expended for each ; also, a statement of all money borroAved upon the credit of the city, Avhether by temporary loans or by the issue of bonds, the terms upon AAdiich they Avere obtained, the authority under Avdiich they Avere borroAved, and the purpose to which they Avere applied, and hoAV much of the same, or other city indebtedness, has been repaid, and by AAdiat means. The statement shall also include a detailed account of tlie city property, existing debts of every description, Avitli all such other informa- tion as may be necessary for a full understanding of the financial concerns of the city. Sec. 17. The fiscal year of the city shall terminate on the day ibia, ^ 15 , p.ioi. preceding the second Monday of April in each year. 216 DIGEST OF CHARTERS AND LAWS. CHAPTER X. Of the Sinking Fund and Fund Commissioner. Bonds., fund commissioner to purcliase g to be canceled, how Common council., sell rail- road stock to provide for compensation of fund commissioner Comynons, certain jjroceeds of to go to sinking fund Coynpty'ollei' ., to deliver certain assets to fund commis- sioner Coupoyis., certain, how to be can- celed Fund commissionei' . mayor to ap- point term of office of. duties of. to report to mayor to invest funds in city bonds... to cancel certain bonds and coupons may protest unpaid coupons... to report to common council... amount and terms of bond of - qualifications of. may be removed from office... 4 4 5 8 2 2 4 1 1 1 3 4 4 4 5 G G G Fund commissioner., what acts of to constitute embezzlement^ compensation of. Interest on sinking fund, in‘0- visions concerning Mayor., to nominate fund com- missioner to approve bond of fund com- missioner to fill vacancy in office of fund commissioner and fund commissioner, to de- termine deposit of fund may agree on rate of interest Clualifications of fund commis- sioner Railroad stock., proceeds of to go to sinking fund common council may order sale of dividends of to be applied to sinking fund Sinking fund., created what to be used for what to consist of. how deposited interest on, provisions con- cerning 7 8 9 1 G G 3 9 G 2 5 5 2 2 2 3 9 Act Mar. 5, 1865, SECTION 1. The mavor of the city of St. Louis shall, as soon § 1. p. 108, as • 1 f . . March *^ 14 ^^ 185 ? pi'acticahlo after the passage of this act, and every ttvo ^^ears P' thereafter, nominate to the hoard of common council an officer to be called the Fund Commissioner ; who, when confirmed by the board, shall hold his office for two years, and until his successor is appointed and qualified, unless sooner removed for cause ; whose duty it shall be to manage and control the sinking fund hereafter created. Ibid, § 2 , p. 109. Sec. 2. There is hereby created a sinking fund for the city of St. Louis, the proceeds of which shall be appropriated exclusively to the purchase of bonds issued by said city. Said fund shall consist of the sales of the city stores in block number seven ; also, three-fourths of the net proceeds of the sales of the city commons in the year 1854, and three -fourths of the net proceeds of the sales of the city commons and other lands belonging to the city, when further sales shall be made ; also, all the railroad stock belonging to the city, in any railroad terminating in the DIGEST OF CHARTERS AND LAWS. 217 city, or opposite to tlic same, in tlie State of Illinois ; and, in addition thereto, the treasurer of the city shall, on the first Mon- day in October, in each and every year, pay over to the fund commissioner the sum of ten thousand dollars out of the general revenue of the city, which, together with the money, notes, and railroad stock above mentioned, shall constitute a perpetual and irrevocable sinking fund for the payment of the city debt: Fro- vided^ That all installments of ten thousand dollars per annum, due and unpaid to the fund commissioner prior to the first day of January, A. D. 1864, which are provided to be paid by the treasurer of the city, out of the general revenue of the city, on the first Monday in October of each year, shall not be so paid, and the fund commissioner shall not be entitled to receive any portion thereof. The city comptroller shall, as soon as said fund commissioner ^ 2 ^ ^ is appointed and has executed bond for the faithful performance of his duties, deliver to said commissioner all the notes on hand, arising from the sale of the city stores and the sale of commons, which belong to said sinking fund; he shall also give to said commissioner an order on the treasurer for the money arising from said sales belonging to said sinking fund and now in the treasury, and shall take the receipt of the commissioner for said money and notes ; and all other money hereafter derived from sale of the commons, and such other lands as may be sold by the city and belonging to said sinking fund, shall bo paid and deliv- ered to the commissioner without delay. Sec. 3. The money and notes received by the commissioner ibid, § 3, p. 109. from every source shall, as soon as received, be deposited at such bank, banking-house, or savings institution, as the mayor and commissioner may agree upon : Provided however^ That no bank, banking-house, or savings institution, shall be entrusted with said sinking fund until the president or principal thereof shall have executed, in favor of the city of St. Louis, a bond for one hundred thousand dollars, with such individual security as shall be satisfactory to the mayor, conditioned for the safe-keep- ing and for the prompt payment of said sinking fund, or any part thereof, whenever the same may be demanded by said fund commissioner ; which deposit shall be to the special credit of the city, to be drawn out only upon the check of the commissioner, 218 DIGEST OF CHARTERS AND LAWS. Part of clause repealed, act Nov. 18, 1857, § 1 and 2, p. 124 Act Mar 6,1855, § 4, p. 109. Ibid, 9, p. 109. Ibid, § «, p. no. made payable to the order of the mayor, and endorsed by him. And said fund commissioner shall at all times keep the mayor fully advised of his transactions as fund commissioner ; and the mayor, and the chairmen of the committees of ways and means of the respective hoards of the city council, shall constitute a committee to examine, cpiarterly, the books, accounts and vouch- ers of the fund commissioner, and make a report thereon, to be filed in the comptroller’s office. The fund commissioner shall also make a semi-annual report to the common council, in the months of January and July of each year, giving a detailed account of the condition of the sinking fund, and of his transac- tions as fund commissioner. Sec. 4. The fund commissioner, as fast as money comes into his hands in suitable amounts, shall invest the same in bonds of the city; and, when purchased, they shall be canceled in the presence of the mayor and comptroller, together with all coupons having more than ten years to run from the date of the purchase, and the fund commissioner shall have credit for the bonds so canceled ; but all coupons attached to the bonds so purchased, falling due within two years from the date of the purchase, shall be cut off and retained by the commissioner and collected by him at maturity as other coupons, and the proceeds added to said sinking fund; and on failure to pay said coupons, said commis- sioner may cause them to be protested, and enforce their collection against the city in his own name, as though they were his individual property ; and he shall stand charged with the coupons so retained. Sec. 5. As soon as the respective railroads in which the city has taken stock are completed, he shall give, in his semi-annual report to the common council, such general information as he may possess about the value of the stock in the respective roads ; and the common council may at any time, by ordinance, direct the stock held in any of said roads to be sold, and the proceeds invested in the purchase or redemption of city bonds ; and all dividends derived from any road, over and above the interest due on the bonds issued in payment for the railroad stock for the current year, shall be added to the sinking fund. Sec. 6. The fund commissioner shall give bond to the cit}^, in the sum of one hundred thousand dollars, conditioned for the DIGEST OF CHARTERS AND LAWS. 210 faitlirul pcrforiiiaiice ot' liis duties, with good and sutTicicnt security, to bo ap})roved ot* by the mayor ; and no person shall be elio:ible tor the oiRce ot commissioner who is not a citizen ot the O Lhiited States and has [not] resided in the city or county ot St. Louis at least seven years previous to the date ot his appointment; and such commissioner may, at any time after notice given, be removed for cause, by a vote of two-thirds ot the board of com- mon council ; the cause of removal to be spread upon the record Act Mar. 14, ’59, of their proceedings. In case ot the death, removal, or resigna- JJe^'board^^to^e- tion ot the commissioner, the mayor shall fill the vacancy by an an^ officer, appointment for the remainder ot the time. Sec. 7. Any fund commissioner who shall appropriate to his Act Mar. 5, i855, 1 7, p. 110. own use any mone}^, bonds, notes, or other securities in Ins liands belonging to the city, or who shall refuse to deliver the same to • his successor in office, or to any person entitled to receive the same, shall be deemed guilty ot embezzlement. Sec. 8. The common council shall, by ordinance, provide for § 8, p. no. the compensation ot the fund commissioner and the necessary expenses ot the office. Sec. 9. Whenever the fund commissioner shall be able to Act xov. is, ’ 67 , § 3, p. 124. obtain an agreement tor the payment of interest on the sinking fund from the depositary agreed upon by the mayor ot the city ot St. Louis and the fund commissioner, it shall be his duty so to do, at a rate settled by agreement lietween such depositary, and said mayor and fund commissioner on the part ot the city, which interest shall be accounted for as a part ot said sinking fund. CHAPTER XI. Of the t/2ssess?ncnt and Collection of Taxes. Appeals fi'om justices provisions for ^10 Assess7nent of property., liow to bo made 1 in wronu- namo, duty of a.ssos- sor on 4 omitted . duty of ass(*ssor 4 Assessor., duty of, on failure to I’eturn property 3 duty of, on wron^ ass{!ssm(mt 4 Certificate of sale tor i)ropei-ty sold for taxes, slierilf to ^ive 11 how to be tiled 11 to whom presented 15 Certificate of sale, duty of comp- trolh'r on pr(*sentation of.,.^ 15 Coynptroller, to pay surplus of j)ur(4iase money, when 15 Constables, to pay moneys eol- l(“et(“d to eom])trollei’ 14 authoi’it^'of in servinuf proeess 17 Delinquent taxes., j)ro(;eedinu-s to eolh'et 2 — 19 redemption of property sold for 11 Execution on judu-m(>nt for de- limiiuMit taxes, land eourt to issue 10 220 DIGEST OF CHARTERS AND LAWS. Act Mar. 3, 1851, art. vii, § 31, p. 103. Act January 17, 1863, § 1 and fol- lowing, pp. 147— 149. Execution to be lien on property of (lefendant ^ 10 liow returnable 11 Improveynents^ how assessed for taxation 1 Justices of the peace ^ suit on tax bills to be brought before... 5 jurisdiction of, in suits on tax bills 5 how parties summoned before G manner of proceedings before 7, 13 judgment of, what to contain, 8, 9 transcript of judgment may be tiled in land court 10 judgment ot, to be lien against defendant 10 appeals from, provisions for 16 La7icls^ how assessed 1 Penalty for failing to make re- turn of property 3 Property , how assessed for taxa- tion 1, 2 sold for unpaid taxes, how re- deemed 11 what title purchaser of ac- quires 12 none exemj)! from sale for taxes 18 Real estate^ how assessed for taxation 1, 2 Redeynption of property sold for taxes 11 Returns of property, penalty for failing to make... 3 Sher'if, duties of, in sales for unpaid taxes pi, 14 to pay moneys collected to comptroller 14 Suits on delinquent tax hills ^ pro- • how brought 5 tax bills to be evidence in 5 summoning of parties in G who parties to 7 form of judgment in 8, 9 transcript may be tiled in land court 10 land court to issue executions 10 executions from land court, how returnable 11 provisions lor sale of property in 11 redemption of proper!}^ sold under 11 what title purchaser in ac- quires 12 duties of constables and sher- iffs in 14 conq)troller to paj^ surplus purchase money in 15 appeals in 16 lien of city not affected by ap- peal " 16 authority of constables in 17 Tax bills, unpaid, suit to be brought on 5 prmia facie evidence, what.. .. 5 Taxes on property exempt from sale for 18 Section 1. All lands and lots of ground shall be assessed for taxation at their actual cash value; and all houses, and other improvements, shall be assessed and taxed with the ground on which they stand. Sec. 2. All real estate in the city of St. Louis, subject to taxation, shall be assessed in the name of the person who appears, from the records of the county of St. Louis, to be the owner thereof. Sec. 3. If any person, having the charge or management of any taxable property, shall neglect or refuse to make return of such property to the assessor, in conformity to ordinance, after being notified in writing so to do, the assessor shall proceed to assess the same according to his best judgment, adding twenty per centum to such assessment as a penalty for such refusal ; and in such case there shall be no abatement of tlie assessment or other relief therefrom, except by authority of special ordinance for that purpose. DIGEST OF CHARTERS AND LAWS. Sec. 4. Whenever any real estate has been assessed against a wrong party, or has been omitted in the assessment in any year, and no tax thereon has been paid for that year, the assessor, as soon as the fact be discovered, shall assess the same against the owner, and make out a bill for the amount of taxes so assessed ; which, if not paid on demand by the owner or other person interested in the property, shall be sued upon, and the same proceedings be had thereon as hereinafter provided for the collection of delinquent taxes against real estate. Sec. 5. Suits may be brought before any justice of the peace in the city on all tax bills, both general and special, which have been, or may hereafter be, returned to the comptroller of the city unpaid ; and such justice shall have jurisdiction in all sucli cases, without regard to the amount claimed. Each bill shall be considered as a separate and distinct demand, and, in any action brought to recover the same, shall be received as prhna facie evidence of the indebtedness of the person therein named for the amount specified in the same ; and when the suit is for the recovery of taxes which, by existing laws, constitute a lien on real estate, such bill shall also be received as prima facie evidence of the validity of the charge against the property therein described, and of the liability of the person therein named as the owner of the said property. Sec. 6. The justice of the peace shall have poAver to summon all parties who may be interested in the real estate, charged Avitli the lien, whether as incumbrancer or otherwise ; but such as are not made parties shall not be bound by tlie proceedings. Resident defendants shall be served Avith the process as in ordinary suits ; service in cases of non-residence in the county of St. Louis, or State of Missouri, may be made either on any trustee, attorney, or agent, having the care, control or management of the pro})erty, or Avho may be authorized by the OAvner to lease the same, or to collect and receive the rents and profits thereof ; but if there be no such person in the county, knoAvn upon the returns of the assessor, to represent such non-resident, he shall be notified by publication in tlic same manner as non-resident defendants in attachment cases before justices of the peace. Sec. 7. The proceedings, except as hereinafter provided, shall be the same as in ordinary suits before justices of the peace. DIGEST OF CHARTERS AND LAWS. Sec. 8. In all suits brought to enforce the collection of taxes assessed against real estate, 'whenever the O’wner is not summoned, but notified by publication, and has not appeared, the judgment, if for plaintiff, shall be that the plaintiff recover the debt found to be due, with interest as may be prescribed by ordinance (not exceeding twenty per centum per annum), and costs, to be levied of the real estate, describing the same as in the tax-bill. Sec. 9. When the owner has been duly summoned, or appears to the action, the judgment, if for the plaintiff, shall be as in the preceding section specified, with the addition that if the said real estate be not sufficient to satisfy said debt, interest and cost, then the residue to be levied of other goods, chattels, lands, and tenements, of said owner. Sec. 10. The city may file a transcript of said judgment in the office of the clerk of the land court, who shall thereupon issue Act Feb. 16, ’63, uu executiou, if required, which execution shall be a special fieri §1 p. 169. facias^ directed to the sheriff, and shall be in conformity with the judgment. On the filing of such transcript, such judgment shall have the same force and validity, by way of lien on realty, and in all other respects, as if rendered by any court of record in St. Louis county. Act Jan. n.'’63, Sec. 11. Sucli Wilt sliall be returnable as other executions, mg, and the advertisement, sale and conveyance of real or personal estate under the same, shall be made as in ordinary executions : Provided^ That the sheriff, upon such sale, shall deliver to the purchaser a certificate of the sale, a duplicate of which he shall file with the city register ; and the defendant in the execution, or his legal representatives, may redeem the property sold, at any time within one year next after the day of sale, upon the pay- ment of the amount for which the property was sold, and interest thereon at the rate of ten per centum per annum, and of all costs accrued. But if the property be not so redeemed, the sheriff shall, at the expiratioii of one year, deliver to the pur- chaser a deed of the property sold. Sec. 12. The purchaser, under a sale by virtue of an execu- tion on a judgment rendered under tins act, sliall take title to the property sold as against all j)arties to tiie suit. Sec. 13. Suits brouglit for taxes on personal property only shall be conducted througliout as other actions for the collection DIGEST OE CIIAIITERS AND LAWS. of debts betore justices of tbe peace (except as hereinbefore provided as to jurisdiction and evidence), and all proceedings snbsecpieiit to tbe jndginent tlierein, and for the enforcement of tlie same, shall be as provided by law in ordinary cases. Sec. 14. The sheriff or constable, as tbe case may be, shall, within ten da^^s after the sale of property under this act, pay over to the comptroller of the city of St. Louis the amount received at such sale, after deducting all costs and expenses, and take a receipt therefor in duplicate, and attach to and return with the execution one of such duplicate receipts. Sec. 15. Upon presentation to the comptroller of the certificate of sale, made by the sherifi’ to the purchaser of real estate sold under this act, the defendant in the execution, or his legal repre- sentatives, shall be entitled to receive from the comptroller all the surplus of the purchase money over and above the amount of the execution ; and the comptroller shall pay over to such defendant in the execution, or his legal representatives, all such surplus, upon demand, when the time for redemption of real property sold shall have expired, or where the purchase money may be for personal property sold. Sec. 16. Appeals to the St. Louis land court shall be allowed from the judgment of the justice, in all cases prosecuted under this act, in the manner prescribed for ap})eals in other civil cases ; and where the defendant appeals, if the judgment of the justice be affirmed, or if, on the trial anew in the appellate court, judgment be given against the appellant, such judgment shall be rendered against him and his securities in the recognizance, as in other cases of appeal, with ten per centum interest added thereto as damages ; but no appeal shall in any wise afiect or impair the lien of the city upon the pi'operty j)roceeded against. Sec. 17. Any constable for the city of St. Louis is hereby authorized to execute any process which may come into his hands under this act, anyAvhere in the county of St. Louis. Sec. 18. No pro})erty whatever shall be exempt from sale on execution for the payment of taxes now due, or hereafter to become due, to the city of St. Louis. 224 DIGEST OF CHAPTERS AND LAWS. CHAPTER xn. Of the Whaif and Harbor. Bonds., common council may is- sue for impi-ovenient of har- bor ^2, 3, 4 certain, to constitute a part of public debt Common council^ way borrow money for improvement of harbor and wharf 2, 3, 4 members of liable for certain vote may compromise claims a'g-ainst wharf. powers of, to quiet title to wharf. Fund commissioner., certain moneys to be paid to 2 . Harbor^ extent of what fund to be applied for improvement of city may borrow money for improvement of 2, 4 how money borrowed for, to be applied 2, 4, 5, Harbor fund., what to compose ^2, 3, 4, 5 , 5 to be used for no other pur- pose 2. 3, 6 7 liability for misapplying 6 Harbor tax, council maylev 3 ^... 2 to be paid to fund conimis- g sioner 2 Mayor, liable on ai)proving cer- 0 tain bills 6 Tax, common council may levy g for improvement of harbor 2 Tonnage tax, common council g ma}^ levy 3 to be held by fund commis- sioner 3 ^ Wharf, what fund to be used 1 for improvement of 2, 3 city may issue bonds for ini- 2 provement of 2 tonnage tax may be levied for 3 , 5 common council may com- promise claims on 8 G power of city to quiet title of 8 Act February SECTION 1. TliG liai'bor o£ tliG citv of St. Louis sliall extend 16, 1865, § 1, p. from the mouth of the Missouri river to the northern boundary line of the city of Carondelet, and shall embrace the beds of the Mississippi river, its sloughs, islands, bayous, and all high- water channels along both shores of the river. I bill, § 2 , p. 170 . Sec. 2. For maintaining the permanency and improving the wharf and harbor, and for opening and extending the wharf, it shall be competent for the city of St. Louis to apply all the net receipts from wharfage, and all the moneys now in the city treasury, to the credit of the several wharf funds ; also, for the same purpose, to borrow five hundred thousand dollars, by an issue of coupon bonds of the denomination of one thousand dol- lars each, running for the term of twenty years, and bearing interest at the rate of six per centum per annum, for the pay- ment of the principal and interest of which the revenues of the wharf shall be pledged ; and the city [common] council, in its discretion, may levy a harbor tax of not exceeding one-tenth of one per cent, upon all property made taxable by law, for State purposes, within tlie city of St. Louis, the proceeds of which tax shall be held sacred for the purpose of paying tlie principal and DIGEST OE ClLVllTERS AND LAWS. 225 interest of the Avliarf and harbor fund herein authorized to be created, and shall be paid over to the fund coniinissioner on the first day of each fiscal jxnir, as may be regulated by ordinance. Sec. 3. The city of St. Louis shall also be authorized, in ibid, §3, p. m. addition to the wharfage, to levy and collect a tonnage tax upon all boats, rafts and other water crafts landing at the wharf between Biddle street and Plum street, for the purpose of widen- ing and repairing the wharf between the points mentioned ; and the said city may borrow the sum of two hundred and fifty thou- sand dollars for the purposes above mentioned, and may issue bonds therefor, similar to bonds mentioned hereinbefore ; and the said tonnage tax shall be held sacred for the payment of the principal and interest thereof, and shall be held by the fund com- missioner, all as may be provided by ordinance: Provided, That no part of the fund hereby created shall be used to pay for private property which may be reipiired for the opening or extend- ing of said wharf, until the amount to be paid by the city therefor shall have been assessed, as benefits to the public generally, by a jury impanneled to condemn said property, as provided for by law and ordinance. Sec. 4. The city of any sum of money for the improvement of the harbor of said ^ city, not exceeding the sum of one hundred thousand dollars ; and the mayor and common council of said city are hereby authorized to appropriate the money so borrowed to the construction of such works, Avithin or without the limits of said city, as may be neces- sary to improve or secure the hai-bor of said city, and to remove all obstructions to navigation from said harbor. Sec. 5. The city of St. Louis, subject to the provisions here- Act March i- 2 , inafter contained, is hereby authorized to borroAV any sum ^ money not exceeding fifty thousand dollaivs, and to issue the honds of said city, not exceeding said maximum sum, and bear- ing an interest of not more than six per cent, per annum, payable semi-annually ; and to appropidate the money so borrowed to the construction of such works, within or without the limits of said city, as may be necessary to improve or secure the harbor oppo- site the southern part of said city, and to remove all obstructions to navigation from said part of the harbor. 15 St. Louis is hereby authorized to borrow Act March 226 DIGEST OF CHARTERS AND LAWS. !bi(i, g 6, p. 86, Act March 3, 1851, art. vii, 27, p. 102. Act March 10, 1840, p. 86. Sec. 6. Any member of the common council who shall vote for any ordinance that shall be passed for the application of the money borrowed to any other object than the improvement of the harbor, or for the application of the proceeds of the tax before provided for to any other object than the payment of the princi- pal and interest of the loans before authorized, and any mayor of said city who shall approve any ordinance by which the pro- ceeds of such loans or tax shall be diverted to any other object, shall be liable to pay the amount so diverted to the city ; and the same may be recovered by action on the case against such mayor, or such member, in the name of the city ; and upon the passage of such ordinance, by which such illegal appropriation shall be made, any member of the council present shall be deemed to have voted for the passage of such ordinance, unless the yeas and nays are entered upon the journals of such board of the common council. Sec. 7. The bonds issued under authority of “An act for the improvement of the harbor opposite the city of St. Louis,” approved March 12, 1849, shall constitute a portion of the debt of the city of St. Louis. Sec. 8. The common council of the city of St. Louis shall have power to provide, by ordinance, for compromising, adjusting and purchasing the conflicting claims that have been set up by individuals to the ownership of any part of the city wharf or landing, in front of the city, and to obtain from the claimants relinquishments of all their pretensions to hold or own any part of the Avharf as private property ; and to take all necessary steps to quiet the title of the city to such portions of the wharf or landing, so that the same may be hereafter improved and used as a public city wharf, as other portions of the wharf are noAv held and used. The common council shall have power, by ordinance, to provide the means for carrying this act into effect, by loan, taxation, or otherwise. DKJEST OF CHARTERS AND LAWS. i‘17 CHARTER XIII. Of Gaslight. Advance payment for liow iiHicn company may dcmaiul^ 1 Average bills, making of pro- hibited 5 Bonds, city may issue to pur- chase gasworks 9, 10, 16 provisions for sale of. 11, 16 Common council, to carry certain act into effect 8 Gas, deduction to be made for inferior 3 amount consumed to be paid for only 5 penalty for refusing to furnish 6 compulsory agreement for de- posit of money for, void 7 Gas commissioners y mayor to ap- point 13 powers and duties of 13 term of otlice of. 14 Gas commissioners , to give bond § 14 Gas inspector, mayor to appoint 2 duties of. 2, 3 to investigate complaints 2, 3 to remedy defects in meters... 2 to estimate quantity of gas consumed 2 to report to mayor when gas is inferior 3 compensation of 4 Gasworks, provisions enabling city to purchase 9, 10, 16 when city may lease 15 Mayor, to appoint gas inspector 2 to rcMiuire company to furnish good gas 3 to api)oint gas commissioners 13 Revenue, from gasworks, how to be applied.! 12 Section 1. No gaslight company, chartered in the city of St. ^ct Marew ly Louis, shall be allowed to demand from its customers advance payment for more than the estimated (piantity of gas to be used by the party for the period of one month and a half. Sec. 2. It shall bo the duty of the mayor to appoint a gas ibui, y:. p. 126 . inspector for said city. It shall be the duty of said inspector, in every case of complaint made by any person using said gas, to examine into the cause of complaint; and if any defect is found in the meter, he shall cause said defect to be remedied at the expense of the gas company ; and he shall also, in case of defect found in the meter, estimate the amount of the gas actually used by the consumer for the month, and report the same to the company, who shall charge the consumer for said amount and no more ; and the common council, by ordinance, may impose such additional duties upon the inspector, in i-egard to gas inspection, as they may deem necessary. Sec. 8. It shall also be the duty of said inspector, in case of ibid, p. 125 . complaint made that the gas company is furnishing gas of an inferior quality, to examine into the cause of complaint ; and if it be found that the gas ‘is of inferior quality, he shall report the fact to the mayor, who shall immediately notify the officers of the gas company, requiring them to furnish good gas ; and the com- 228 DIGEST OF CHARTERS A2^D LAWS. pany shall make a reasonable and proper deduction from the price of the gas sold during the time of the existence of such inferiority ; such deduction to he made by order of the mayor, upon the report of the inspector. Ibid, j; 4, p. 125. gEQ, 4, inspector shall receive, for office rent and salary, to be fixed by the common council, a sum annually not exceeding two thousand dollars, to be paid by the company. Ibid, 2 6, p. 125. Sec. 5. No gas company shall be ever allowed to make out average bills, but all bills shall be based upon the actual amount of gas consumed. Ibid, ^ 6 , p. 126. Sec. 6 . If any gas company in said city shall refuse to supply gas to any occupant of a building, because a previous tenant of the building may not have paid his gas bill, it shall forfeit and pay the sum of ten dollars for every day it shall so refuse ; to be recovered in any court having jurisdiction, in the name of the injured party. Ibid, 2 7 , p. 126. Sec. 7 . All compulsory agreements or contracts, made by any gas company with individuals, requiring a deposit of money greater than is sufficient to pay for the average quantity of gas consumed for one month and a half, are hereby declared void. Ibid, ^8, p. 126. Sec. 8. It shall be the duty of the common council of the city of St. Louis to provide, by ordinance, for carrying into effect this act. Act March 12, 1659, §1, p. 126. Sec. 9 . For the purpose of providing the means to enable the city of St. Louis to purchase and pay for the gasworks of, and belonging to, the St. Louis gaslight company, pursuant to the provisions of the twenty-seventh section of the amended charter of the St. Louis gaslight company, approved February 11 , 1839 , the mayor of the city of St. Louis is hereby authorized to issue the bonds of said city of St. Louis, in sums of one thousand dollars each, payable at such time or times, not less than five nor more than twenty years from the date thereof, as the mayor and fund commissioner of said city shall deem best, to an amount sufficient, and no more than sufficient, to pay the purchase money of said gasworks ; which bonds shall bear interest at the rate of six per cent, per annum, payable semi-annually, and shall have attached to them semi-annual coupons for the payment of said interest. Said bonds shall be entitled, and designated on their face, “Special Gasworks Bonds of the city of St. Louis;” shall DK^EST OF CirARTEHS AND LAWS. bo signed by tlie nniyor and countersigned by tlic comptroller and fund commissioner oh' tlie city of St. Louis, and sliall have the seal of said city affixed tliercon. They shall be obligatory on said city of St. Louis, and be and operate a special lien on all the works and property of said St. Louis gasworks, and the entire works, property, rights and franchises, of every nature whatever, of said St. Louis gaslight company, when purchased ; and all additions thereto, or extensions thereof, thereafter made by said city, shall be, and the same are, irrevocably pledged and held bound and liable for the payment of said bonds. Sec. 10 . If said city shall not purchase said gasworks at the nad, ^2 p.127 time specified in the foregoing section, this law shall remain in force, so as to enable said city to purchase said gasworks at any other time, when, by said amended charter, said purchase is authorized to be made ; and upon said purchase being made at any time, all the rights, privileges and franchises of said St. Louis gaslight company, together with the whole property of said company, of every nature, real, personal, and mixed, shall be the property of, belong to, and be vested at once by said purchase in, the said city of St. Louis, and said St. Louis gaslight com- pany be at the same time Avholly divested thereof. Sec. 11 . Said bonds shall be sold by said mayor, or l)y some ibid, gs, p. 127. person duly authorized by him to sell the same ; and the proceeds thereof shall at once be paid over into the hands of the fund commissioner of the city of St. Louis, who shall aj)ply the same, without delay, to the payment of the purchase money aforesaid, and to no other purpose whatever. Sec. 12 . The entire revenue and recei})ts arising from said ibid, ^ 1, p. 127. gasworks, after paying the current expenses of the management of said works, shall be ])aid over into the city treasury, and the treasurer of said city shall kec]) a separate account of said moneys, which shall be held secure to the payment of the interest on said bonds, the pendent extension of said works, as the necessities of said city recpiire, and to the final payment of said bonds ; that is to say, so much of said revenue as may be necessary shall be appropriated to the payment of the said interest, secured by such extensions and improvements of said works as may be ordered by the board of commissioners herein named ; and whatever remains of said revenue shall be, from time to time, at least half- DIGEST OF CHARTERS AND LAWS. yeurlj, invested in said special gasworks bonds, or the bonds of tlie city of St. Louis, or the bonds of the State of Missouri ; the interest on which last-named bonds shall be again, in like manner, invested from time to time, and the whole be kept secured and appropriated to the final redemption, after payment, of said special gasworks bonds of the city of St. Louis. ihid, 15,1) 127. gEC. 13. There shall be appointed by the mayor of said city, by and with the advice and consent of the board of common council, two persons, who, in conjunction with the mayor, shall constitute a board of commissioners for the .management, con- trol and operation of^said works ; which board shall operate, manage, control, and extend said gasworks, and the revenue and income arising therefrom, under and according to the provisions of this law, and such rules and regulations as the mayor and common council of the city of St. Louis shall, from time to time, by ordinance establish and prescribe, not inconsistent with this law. Said board of commissioners may appoint a super- intendent of said gasworks, and employ such other officers and agents as the management and operation of said works require, which superintendent and subordinate officers shall receive such compensation for their services as said board may fix and allow. Ibid, ^6,11. 127. Sec. 14. Said commissioners shall be appointed and hold their offices for twn years, and until their successors are appointed and qualified; shall give such bond, and receive such compensation, not exceeding one thousand dollars, as shall be allowed by ordinance: Provided,, hoivever, That, in the first appointment of commis- sioners, one shall be appointed for only one year, so that both of said commissioners shall not go out of office at the same time. ibui, § 7 , p. 127 . Sec. 15. The city of St. Louis shall have power to lease said work, from time to time, subject to such restrictions and condi- tions as the common council of said city shall, by ordinance, impose. Act February 6, Sec. 16. It shall and may be lawful for the city of St. Louis, ’ ‘ at any time after the common council of said city shall decide to purchase the gasAvorks of the St. Louis gas company, to issue the bonds of the city in sums of one thousand dollars eacli, liear- ing six ])er cent, interest, and liaving hveiity or less years to run, to any amount the said city council shall determine as necessary DIGEST OF CHAPTERS AND LAWS. for tlie purchase of the gasworks aforesaid; and the said bonds may be sold and the proceeds a])plied to the purchase aforesaid, and to no other })urpose whatever. CHAPTER XIY. Of I he Waterworks. Aqueduct., city may lay, liow \ 1 Bonds, for waterworks, city may issue h 7 how styled 7 provisions concerning 7 how sold 7 common council to authorize sale of 7 Caronddet., city may convey water to, when 9 Circuit court, proceedings before to ascertain damages for prop- erty taken 0 Cornmissioners, (see water coni- missioners) Common council, power of over water commissioners 3 may remove commissioners... 3 to direct manner of letting work 3 to approve ])lan for works 3 to tix salaries of comm’rs 4 to j)rovide for carrying on works, when 5 may issue St. Lotus water bonds 7 to authorize sale of bonds 7 to d(*signate deposit of pro- ceeds" of. 7 to tix rates of water used 8 to provide for payment of water bonds 8 to elect trustees ot water fund 8 wh(*n to lay water-i)ipes 10 to direct manner of collection of (?ost of piites 10 may assess cost of vvater- ])il)(‘S now laid 10 Comptroller, to he member of trust(‘es of water fund 8 Damages, city to pay for lands taken 0 proceedings to asc.ei-tain (> Expenses for waterworks, how l)rovided for 7 Covernor to appoint water com- missioiK'rs 3 Lands, city may hold for water- city to pay for, when taken for waterworks (> License for water, when to he issued 10 Mayor, to be one of water com- missioners I 3 to be one of trustees of water fund 8 Mississippi river, water may be convej'ed from 1 Pipes, city may lay 2 (See water pipes.) Reservoirs, city may build ...1, 2 Sala^nes of water commission- ers, how fixed 4 not to be changed while in otiice 4 Sinking fund, to pay debt of waterworks, how created... 8 Treasurer, to be one of trustees of water fund 8 Trustees of waten* fund, how comi)Osed 8 duties of 8 Water, may b(i conveyed from Mississipi)i river 1 may be convey{!d to Caronde- let, or other town 9 Water commissioners, how ap- ])oint(Ml 3 qualitications of 3 (luties of 3 to snperint(;nd works 3 su])Ject to common council 3 term of otiice of 3 may be removed ti-om otiice... 3 (piorum of 3 to report, when 3 salariiis of, how lixcnl 4 salari(‘s of not to be changed whil(‘ in ollic(^ 4 pow(‘rs of, vested in city, when 5 (tonvei-ting public money, how l)innshed 7 Water license, wIkmi to b(? issiU'd Id Water-pipes, city may lay 1, 2 when to be laid in streets Id cost of laying, how paid Id cost of, to b(“ lien on pix)))(‘rty 10 common council to direct manner of collecting co.st of Id Water rates, city conncil to tix... 8 to be applied to payment of wat(n‘ works 8 Waterworks , common council to approve plan of 3 exi)enses of, how provided for 7 282 Act March 23. 1863, ^ 1 and fol- low iuft, p. 151. Ibid, g 3, as amended by act January 18, 1865, 1, p. 168, DIGEST OF CHARTERS AND LAWS. Section 1. The city of St. Louis is hereby authorized, by and through the agency of five commissioners — to be appointed in the manner hereinafter provided — to take, hold and convey to, into and through the said city, the water of the Mississippi river, from any point on said river ; and may also take and hold, by purchase or otherwise, any lands or real estate necessary for laying and maintaining aqueducts for conducting, discharging, disposing of and distributing water, and for forming reservoirs. Sec. 2. The said city may, by and through the same agency, make or build one or more permanent reservoirs, at the points hereinbefore named, or in said city ; and may carry and conduct any aqueduct or other works, by them to be made or constructed, over or under any water-course, or any street, turnpike-road, railroad, highway, or other way, in such manner as to not unnecessarily obstruct or impede travel thereon; and may enter upon and dig up any such street, road or way, for the purpose of laying down pipes beneath the surface thereof, and for main- taining and repairing the same ; and may occupy, for reservoir purposes, all public highways which cut the ground selected for reservoirs; and, in general, do any other acts and things necessary, or convenient and proper, for the purposes of this act. Sec. 3. Four commissioners shall be appointed by the Gov- ernor, who shall be citizens of the United States, residents and tax- payers of the city of St. Louis ; and the mayor of said city shall be a commissioner, ex ojficio^ for the time being. Said com- missioners shall, during their continuance in office, execute and perform, and superintend and direct the execution and perform- ance of, all the works, matters and things mentioned in the preceding sections, which are not otherwise specially provided for in this act ; they shall be subject to such ordinances, rules and regulation? in the execution of their said trust as the common council may from time to time ordain and establish, not incon- sistent Avitli the provisions of this act or the laws of this State; they shall, respectively, hold their offices for the term of five years next after their said election, unless the works aforesaid shall be sooner completed; but they, or eitlier of them, after having had an opportunity to be heard in his or tlieir defense, may be removed at any time by a vote of two-thirds of the common council ; and in case of a vacancy in the board of com- DIGEST OF CirAIlTEES AND T.AWS. missioiiers, by death, resignation, removal, or otlierwise, such vacancy shall be filled by the Governor, and shall hold his office for the residue ot‘ the said term ot‘ five years, with all the powers and subject to all the restrictions aforesaid. A major part of said commissioners shall be a quorum for the exercise of the powers and the performance of the duties of said office ; they shall, once in every’ six months, and whenever required by the common council, make and present, in writing, a particular report and statement of all their acts and proceedings, and of the condi- tion and progress of the works aforesaid. The common council shall provide by ordinance the manner of letting out the work herein authorized to be done ; and the general plan of said works shall be approved by the common council before any part thereof shall be executed. Sec. 4. Before the appointment of the commissioners afore- Act m said, the common council shall establish and fix the salaries or lou/ug, compensation to be paid to the commissioners for their services ; and the said salaries of the said commissioners, so established and fixed as aforesaid, shall not be reduced nor increased during their continuance, respectively, in said office. Sec. 5. Whenever the said office of commissioners shall cease, either by the expiration of the said term of five years from the original election, or by the completion of the works mentioned in the preceding sections of this act, all the rights, poAvers and authority given to the city of St. Louis by this act, shall be exercised by the said city, subject to all the duties, liabilities and restrictions herein contained, in such manner, and by such agents, officers and servants, as the common council shall, from time to time, ordain, appoint, and direct. Sec. G. The said city of St. Louis shall be liable to ])ay all damages that shall be sustained by any persons, in their property, by the taking of any lands or real estate, or pu])lic streets, or higliAvays, for the purpose of this act; and if the owner of lands inch 23, 4, and lol , PI). 152 or real estate, Avhicli shall be taken as aforesaid, or which may be permanently injured in value by the taking of any street or high- way, sliall not agree upon the damages to be taken therefore [therefor], he may a})ply by petition for the assessment of his damages, at any time Avithin one year from the taking of such lands or real estate, and not afterAvards, to the circuit court of DIGEST OE CHARTERS AND LAWS. 'M St. Louis county; such petition may be filed in the clerk’s office of said court, in vacation or in term time, and the clerk shall thereupon issue a summons to the city of St. Louis, returnable, if issued in vacation, to the then next term of the same court, and if in term time, returnable on such day as the said court shall order, to appear and answer to the said petition. The said sum- mons shall be served, tvrenty days at least before the return day thereof, by leaving a copy thereof, and of said petition, certified to by the officer who shall serve the same, with the mayor of the said city ; and the said court may, upon default or hearing of said city, appoint three judicious and disinterested freeholders of the county of St. Louis, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner may have sustained as aforesaid; and the award of said freeholders, or the major part of them, being returned into and accepted liy the said court, shall be final, and judgment shall be rendered and execution issued thereon, for the prevailing party, with costs, unless one of said parties shall claim a trial by jury, as herein- after provided. If either of the parties shall be dissatisfied with the award of damages as herein expressed, such party may, at the term at which said award was accepted, or at the next term thereafter, claim, in writing, a trial in said court, and have a jury to hear and determine, at the bar of said court, all questions of fact relating to said damages, and to assess the amount thereof; and the verdict of said jury, being accepted and recorded by said court, shall be final and conclusive, and judgment shall be ren- dered and execution issued thereon ; and costs shall be recovered by said parties, respectively, as may be ordered by the said court. In every case of a petition to the circuit court by any person for the assessment of damages as hereinbefore provided, the city of St. Louis, by any of its officers, may tender to the complainant any sum that it shall think proper, or it may bring the same into court, to be paid to the complainant for the damages claimed in his petition ; and if the complainant shall not accept the same with his costs up to the time, but shall ])roceed in the suit, he shall be entitled to his costs up to the time of the tender of such payment into court, and not afterward; and the said city shall be entitled to recover costs afterwai'd, unless the claimant shall recover greater damages than were so offered. DIGEST OF CIIAKTERS AND LAWS. Sec. T. For the purpose of defraying all the costs and expenses of such lands and real estate as shall he taken, purchased, or held for the purposes inentioned in this act, and of constructing all works necessary and proper for the accomplishment of the said purposes, and all expenses incident thereto, the common council shall have authority to issue, and shall issue, from time to time, bonds or certificates of debt, to be denominated, on the face thereof, ‘‘ St. Louis Water Bonds,” with this act printed on the reverse side, to an amount not exceeding, in the whole, the sum of three millions of dollars, bearing interest at a rate not exceeding six per cent, per annum ; and said interest shall be payable semi-annually, and the principal shall be payable at periods not more than thirty nor less than twenty years from the issuing of said bonds or certificates of debt, respectively. And the said commissioners may sell the same, or any part thereof, from time to time, at public or private sale, or pledge the same for money borrowed for the purchases aforesaid, on such terms and conditions as the said commissioners shall judge proper. Such pledges shall not be of a greater amount than fifty thousand dollars at any time, and the common council shall authorize said commissioners to sell said bonds, from time to time, or whenever the necessities of said Avorks shall recpiire such sale to be made. Such bonds, when held by a citizen of the State of Missouri, shall be exempt from taxation thereon. All bonds or certificates of dcLt, to be issued as aforesaid, shall be signed by the mayor, and countersigned by the comptroller and treasurer of said city; and a record of all such bonds, or certifi- cates of debt, shall ])e made and kept by the said comptroller and treasurer, respectively. The proceeds of the sales and pledges of said bonds shall be placed on deposit in any l)anking institution that may l)e designated by the common council, for Avhich said institution shall give satisfactory security, to be ap})roved by said council ; and all moneys to be paid on account of said Avorks shall be draAvn upon Avarrants signed by a majority of said com- missioners, which Avarrants shall be countersigned by the mayor and comptroller; and if said commissioners, or any of them, shall use of any of said money for his or their private })urposes, shall, upon conviction of the fact before the criminal court, be DIGEST OF CHARTERS AND LAWS. imprisoned in the State prison not less than two nor more than five years. Sec. 8. The common council may, from time to time, regu- late the prices or rents for the use of water supplied by the Avorks noAv in existence, and those herein authorized to be con- structed, Avith a vicAV to the payment, from the net income, rents and receipts thereof, not only of the semi-annual interest, hut ultimately of the principal ; also, of the St. Louis Avater bonds, so far as the same may be practicable and reasonable ; and the said net surplus income, rents and receipts, after deducting all expenses and charges of distribution, shall be set apart as a sink- ing fund, and shall be appropriated for and tOAvard the payment of the principal and interest of the said bonds ; and shall, under the management, control and direction of the mayor, comptroller and treasurer, and tAvo members of the common council, to be chosen by the council annually therefor, AAdio shall be trustees of the said fund, be applied solely to the purpose and use aforesaid, until the said bonds shall be fully paid and discharged ; and the said trustees shall, Avhenever thereto recpiired by the common council, i-ender a just, true and full account to the said common council of all their receipts, payments and doings under the pro- visions of this section. Sec. 9. The city of St. Louis is authorized to convey the Avater, by means of the Avorks herein provided for, or such addi- tional Avorks as may be necessary, into the city of Carondelet, or into any other toAvn or city in the county of St. Louis, Avhenever the said cit}" of St. Louis shall make a satisfactory arrangement Avith any of the said cities or tOAvns therefor. Sec. 10. That AAdicneA^er a majority of the property holders on any street, lane, or alley in said city of St. Louis, shall here- after petition for Avater-pipe to be laid along such street, lane, or alley, or Avhenever tAvo-thirds of the members of the common council shall, by vote, declare it to be necessary, the city shall cause the same to be laid ; the cost of all pipe and laying thereof, as above provided, shall be apportioned and cliarged on the adjoining lots, in the proportion of their fronts, and be paid by the oAvners of such lots, respectively ; and they shall be bound to pay for the same as though tlie liabilities Avere contracted by themselves, and may be sued therefor accordingly ; and the lots DIGEST OF CIIAIITERS AND LAWS. or lands chargeable tliercAvitli shall also be held by a lien for the respective apportioned share of sncli cost, until the same be fully paid. Such lien may be enforced by special tax, levy and sale, or by proceedings of law, all according to such provisions as may be prescribed by said common council ; and in no case shall a license be issued for the use of the water until the tax for the water-pipe has been paid : Provided^ That such tax shall not be greater, in the opinion of the mayor, than the cost of a six- inch pipe ; and the common council is hereby authorized to assess, in like manner, the property fronting on any street, lane or alley, where a supply-pipe is now laid, with such portion of the cost thereof as, in the opinion of said council, shall be equivalent to the cost of a six-inch supply-pipe, or less if a smaller pipe is used ; and said council is also hereby authorized to assess all property fronting on any street or alley, or other way, where a water-pipe is now or shall hereafter be laiolice. bow providcul for 14 Fire-alarm telegraph. ]K)lic(! com- missioners may use 11 (rovernor. to till vacancies of ])olice commissiomn-s 2 may reniova* jiolice (jominis- sionei‘s..; 2 to ajipoint [lolice (;onnnission- ers 2 Lieutenants of police., jiay of. 8 Mayor., to b(* pn^sidenl of jiolice (‘ommissioners 2 Military. ])olice (;ommissioners may order out 12 Oath, iiolice commissioners to take 2 DIGEST OF CHARTERS AND LAWS. '2-Ax Oatli^ police coiniiiisj.sioiiers niiiy administer 4 OJfictrs of jjolice^ eimmeratioii of G pay of 8 Ordinancxs conflicting with act, void 13 Volicc coynminHioncrH , common council not to conllict with... 1 city otticer.s not to impede 1 board of established 2 mayor to be i)resid(mt of 2 (jualilications ot 2 term of office of. 2 salary of 2 oath to be taken by 2 to appoint treasurer 2 quorum of 2 vacancy in boai’d of. how lilled 2 to hold no other offi(;e 2 governor may remove 2 classilication of 3 general duties of. 4 l)o\ver of to administer oaths 4 may summon witnesses 4 to ap])oint police force 5 may increase or diminish po- lice force 5 may remove policemen 5 to reg'ulate. police 9 may provide for relief of in- jured policemen i), 10 may require bond of police- men 9 may i)unish policemen foi‘ mis- conduct 9 ma\' allow extra ])ay for ^ood conduct 10 may apimint clerks, etc 11 may use common s('al 11 may use fire-alarm teh*<;ra))h.... 11 liow to obtain equipments, etc., of i)oli(a; 11 may order sheriff to summon poHHC comiiatuH 12 may order out military 12 disol)e(!ience to. how pun- ished 12 how to orofani/.e 13 to report estimate of expenses IG Police commissionc/'fi ^ issue certificates of indebtedness, when § 17 penalty for hindering or re- sisting 18 to cause i)ersons arrested to be tried before recorder 19 to keep joui-iial of proc(?ed- ings....' 20 to report to common council... 20 Police districts^ city to b(; divided into 11 Police force^ to be armed and e(p lipped 5 number of 5 Policemen^ (jualitications of o term ot office of o pay of G to receive no gratuity 10 gratuities to, how dispo.sed of 10 Police tax, common council to levy If) Posse comitatus ^ when shell ff to summon 12 Recorder, persons arrested to be tried before 19 Salaries of police commissioners 2 of ])olicemen 7 of officers of iiollce 8 Seal, police commissioners may use 11 Sergeants of police, pay of 8 Sheriff' to obey police commis- missioners 12 Special gxlice fund 15 Taxes, cei’titicates of indebted- ness receivable for 17 Treasurer, ])olice commissioners to appoint 2 to be (‘(‘rtified to circuit court... 2 term of office of 2 additional compensation to 2 bond of. 2 Turnkey, pay of 8 Vacancies, in office of police commissionei’s, how filled... 2 in ])olice officers, how lilled... 9 Vice Pres'ident, iiolice commis- sioners to appoint 2 A< t 27. ISHl. §1.1). i;$9. Section 1. The common council oF the city oF St. Louis may pass ordinances For preserving order, securing property or per- sons From violence, danger or destruction ; protecting public and private property, and For promoting the great interests and insuring the good government oF the city ; hut no ordinance hereby passed, or that may hereaFter be passed, by the common council oF St. Louis, shall in any manner conllict or interFere with the }) 0 wers, or the exercise oF the powers, oF the board oF DKiEST OF CIIARTKRS AND LAWS. police coiuniissioiiers o(' tlie city of St. Louis, as liereiiiaftcr created; nor shall the said city, or any officer or agent of the corporation of said city, or the mayor thereof, in any manner impede, obstruct, hinder, or intei’fere with the said board of police, or any officer, or agent, or servant, thereof or thereunder. Sec. 2 . There shall be, and is hei-eby, established, within and ibni, §3 p. 139. for the city of St. Louis, a board of police, to be called “The Police Commissioners of the City of St. Louis,” to consist of four commissioners, as hereinafter provided, together with the mayor of said city for the time being, or whosoever may be law- fully acting in that capacity, who shall be, (w officio^ president of said board; and said board shall appoint one of their members as vice president, who shall act during the absence of the president. The said commissioners shall be citizens of the State of Missouri, au m.ucii 1861 § 3 p 139. and shall have been residents of the ci :y of St. Ijouis for the period of three years next preceding their apjiointment. They shall, except as hei-einafter specified, hold their oHices for four years, and until their ]-(!spective successors shall have been appointed and ipialified, and shall receive each a salary of one thousand dollars per annum, payable (piailei’ly. JLd'ore entering on the duties of their said office, the said commissioners and the said mayor shall take and subscribe, before the judge of the circuit court of St. Louis county, or the clerk thereof, the oatli or affirmation prescribed by the constitution of the State of Mis- souri ; and shall also take and subscribe, before the same judge or clerk, the further oath or affirmation that, in any and every appointment or removal to be by them made to or L-om the jiolice force created, and to be organized by them under this act, they will in no case, and under no jn-etext, ajipoint or remove any policeman, or officer of police, or other person under them, for [or] on account of the political ojdnions of such policeman, officer or other person ; or for any other cause or reason than for the fitness or unfitness of such ])erson, in the best judgment of the said commissioners, for the phice to which he shall be appointed, or from which he shall be removed. The said oaths or affirmations shall be recorded and ])reserveia, § 7, p. 114. land court, the county court, and the criminal court of St. Louis 252 DIGEST OF CHARTERS AND LAWS. county, or the judges of any of said courts, in vacation, shall have exclusive jurisdiction of all Avrits of habeas corpus for the discharge of any minor confined in said house of refuge, and no Other court or magistrate in St. Louis county shall have jurisdic- tion to issue or take cognizance of any such writ, or any pro- ceeding thereunder tending to such discharge, except in the case of there being in St. Louis county no such court or magistrate as those above mentioned, to Avhom exclusive jurisdiction is confided, able to issue or hear such Avrit at the time it is sought for ; and in every case AAdierein application be made to any court or magistrate, not having such exclusive jurisdiction, for a Avrit of habeas corpus for the discharge of any person alleged to be con- fined in or at said house of refuge, or by virtue of the order of the managers thereof, every fact necessary to give jurisdiction to such court or magistrate shall be distinctly shoAvn in the appli- cation and verified by affidavit of the applicant, or his or her agents. Ibid, §8, p. 114 , Sec. 8. All males under sixteen and all females under four- MSu,i8k§ teen years of age, in St. Louis county, charged Avith any crime acted act March 01 ’ misdemeaiior, or punishable by imprisonment, shall be entitled 23, 1863, § 1, p. 1 1 1 . . . 1 . 1 1-1 154 . to and shall have a private examination and trial, to which only the parties to the case shall be admitted, unless the parent or guardian of such minors demand a public trial. Ibid, §9, p. 114, Sec. 9. The said house of refuge, its officers and inmates, act xMarch 14, sliall bc uiidei’ the control of the board of managers, hereinbefore ' mentioned, aaLo shall consist of nine' members, AAdiereof one shall be the mayor for the time being of the city of St. Louis ; two shall be appointed by the county court of St. Louis county ; four shall be members of the city [common] council for the time being, to be chosen by the said board of common council ; and tAvo shall be appointed by the mayor of the city of St. Louis from the citizens at large, and approved by the board of common council. They shall hold their office for a period of one year, and a majority of said board of managers shall be a quorum for the transaction of any business, or the exercise of any poAver herein conferred upon said board ; said board shall choose a chairman, and shall have at least one stated meeting in each month. Ibid, § 10 , p. 111 . Sec. 10. Said board of managers of said house of refuge DIGEST OF CHARTERS AND LAWS. shall have power and authority : First, to make all needful con- tracts for said house of refuge ; sccoiid, to make, establish, alter, and enforce all needful regulations for the government and control of said house of refuge, its officers and inmates ; thirds to issue a writ, directed to any sheriff, marshal, or constable of the State of Missouri or any municipality or county thereof, for the recapture of any fugitive from said house of refuge ; such writ shall be in the name of the State of Missouri, may be signed by any two of said board of managers, and shall, thereupon, be of legal and valid force; fourth^ to make all needful by-laws for the government of said house of refuge; fifths to employ and appoint such officers as may be needful, and fix their salaries ; provided^ that no member of said board shall at any time receive, directly or indirectly, any compensation for any services by him rendered to said institution; sixths to apprentice any inmate of said house of refuge until the time when such inmate shall reach the age of twenty-one years, if a male, and eighteen years, if a female ; seventh^ to discharge any inmate of said house of refuge. Sec. 11 . All debts contracted by said house of refuge shall ])e ibia. §ii,p. iis discharged by the city of St. Louis ; and the city of St. Louis shall have power to sue for and recover any debt due, or damages accruing to, said house of refuge. Sec. 12 . Said board shall keep a record of their proceedings, ibid, §12, p. 115. and shall report, on the first Monday of May in each year, to the city council of the city of St. Louis, the fiscal affairs, manage- ment, and condition of the said house of refuge. Sec. 13 . The mayor and city council of St. Louis, the judge ibid,§i3, p. 116. of the county court of St. Louis county, or the grand jury of the county of St. Louis, may at any time visit and inspect the said house of refuge, and examine the records and books of account of said board. Sec. 14 . Every child found in said city in a state of want, or ibid, §14, p. 116, as amended by act March 14, , . . 1 . n §3’ P- ^28. parents, or persons having its charge ; or soliciting charity from door to door, or in any street, or highway, or public place ; and every child of any person in said city convicted of being a common prostitute, or keeper of a bawdy house, or house of resort for prostitutes, or of assignation, and every child found in such abandoned, or improperly exposed, or grossly neglected by its 254 DIGEST OF CHARTERS AND LAWS. Act March 23, lb63, § 2, p 154. Ibid, § 3, p. 155, Act Feb 20,1865, § 1, p. 173. Ibid, § 2, p. 173. houses, may be committed to said house of refuge by the mayor or by the recorder of said city, or by any two members of the common council, or by any two justices of the peace of said city, upon complaint and competent proof of the facts charged ; and, when so committed, shall be kept and be under the control 6f the managers of said house, as provided in section sixth of this act. Sec. 15. The city of St. Louis shall have no power, without authority given by general assembly, to sell, encumber, lease, or convey, the north half of block No. 80 of the common of St. Louis, according to the survey and plat thereof made by Charles DeWard, being the same property on which said house of refuge stands ; but the same shall be and remain dedicated to the use of said house of refuge forever, unless the said general assembly shall, by law, otherwise direct. Sec. 16. The county court of St. Louis county is hereby authorized to appropriate, from the county treasury of the said county, each year, the sum of three thousand dollars, or more, in their discretion, to aid in the support of said house of refuge ; the same to be paid to the treasurer of said house of refuge, or such other person as may be authorized by the board of managers to receipt for the same, and to be paid in regular quarterly payments. Sec. 17. The city of St. Louis and the county of St. Louis, by their several corporations, the common council of the city of St. Louis, and the county court of the county of St. Louis, are hereby authorized to issue, each, its several bonds of and for the sum of fifty thousand dollars, in sums of one thousand dollars each bond, coupons attached, with interest at the rate of six per centum per annum, payable annually in the city of New York, such bonds to be due and payable ten years after date ; the pro- ceeds of such bonds to be applicable solely to the rebuilding and furnishing of the house of refuge, in the county of St. Louis, lately destroyed. Sec. 18. The common council of the city of St. Louis, and the county court of the county of St. Louis, are, each of them, hereby authorized to control and manage the proceeds of these bonds, and to provide such agencies for the carrying out of the ol)jects of the issue of the bonds as, in their judgment iind joint action, shall be most effectual for the purpose; it being the intent DIGEST OF CHARTERS A^^I) LAWS. 255 aiul purpose of this act to authorize each of these corporations to provide all details in connection with the form, issue, and negotia- tion of the bonds, by their court and council, as to them may seem fit, ill accordance with the provisions of this act. CHAPTER XYH. Of the Prevention of Riots and Breaches of the Peace. Affray, offense of described ^ 1 penalty for 1 Bar-rooms., mayor may close, when 17 City, liable for damages from riot 13 may recover from trespassers.. 13 wlien not liable for damages... 14 Common council, duty of mem- bers of to disperse riots 5 power of to punish minors 18 Conservators o f peace., duty of to disperse riots 5 penalty for refusing to assist... (I penalty for disobeying 7 penalty against, for i-efusing to act 8 Coroner., duty of to disperse riots 5, G, 7, 8, 9 Damages., who liable for, from riots, etc 12, 13 claim for certain, not assign- able 15 Drinking-shops, mayor may cause to be closed 17 Intoxicating liquors, mayor may close place of sale of. i. 17 may prohibit sale of. 17 penalty for selling in violation of proclamation 17 Justices of the peace, duty of to disperse riots 5, 9 penalty for ndusing to assist... G penalty for disol)eyiug penalty against for refusing to act 8 Marshal, duty of to disperse riots 5, 9 penalty for refusing to assist... G penalty for disobeying 7 penalty against, for refusing to act 8 Mayor, duty of to disperse riots §5,9 penalty for refusing to assist G penalty for disobeying 7 penalty against for refusing to act 8 power of to command minors to remain in doors 16 power of to close drinking- shops, etc 17 penalty for violating proclam- ation of 17 Minors, mayor may command to remain in doors IG penal tj’’ against 16, 18 Posse comitatus, how and when raised 5 — 11 Riot, offense of described 3 penalty for 3 parties guilty of, liable for liiglier crime 3 who mav be punished for .‘. 4, G, 7, 11 duty of certain ofiicers to dis- perse 5, 9 wlio liable for damages from, 12, 13 Sheriff, duty of to disperse riots ! 5—9 p(‘nalty for refusing to assist... G l)enalty for disobeying 7 penalty against for refusing to act 8 Taxes, parties delinquent in not entitled to damages 14 Unlawful assemblage, offense of described 2 penalty for 2 who may be punished for 4, G, 7, 11 duty of certain otlieers to dis- l)erso 5, 9 who liable for damages from 12, 13 Section 1. It* two or more persons sliall, voluntarily or by agreement, engage in any fight, or use any blows of violence toward each other, in an angry or (piarrelsome manner, or do each other any willful mischief, or if any person assault another, and strike him, in any public place, to the terror or disturbance* of Act Marcli 5, 1865, § 1, p, 110, DIGEST OF CHARTERS AND LAWS. !5G others, the person or persons so offending shall be deemed guilty of an affray ; and, on conviction, shall be punished by being impris- oned in the county jail for a term not exceeding three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment. Ibid, §2, p. 110, Sec. 2. If three or more persons shall assemble together with the intent, or, being assembled, shall agree mutually to assist one another, to do any unlawful act, with force or violation, against the person or property of another, or against the peace, or to the terror of the people, such persons so assembling, and each of them, shall be deemed guilty of an unlawful assembly; and, on conviction thereof, shall be punished by imprisonment in the county jail for a term not exceeding six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. Ibid, § 3 , p. 110 Sec. 3 . If three or more persons, being assembled as men- tioned in the second section of this act, shall proceed to carry out or accomplish their purpose, or do any unlawful act in further- ance, or supposed furtherance, of said purpose, in a violent, unlawful or tumultuous manner, to the terror or disturbance of peaceful citizens, every person so offending, or who shall aid or assist in doing any such unlawful act, shall be deemed guilty of a riot ; and, being convicted thereof, shall be punished by imprison- ment in the penitentiary of tlie State of Missouri for a period not exceeding five years, or by a fine not exceeding two thousand dollars, or by both such fine and imprisonment: Provided^ That nothing in this section contained shall be construed to exempt DIGEST OF CHARTERS AND LAWS. Sec. 6. If the board of commissioners find it necessary to condemn said land or any part thereof, they shall notify the city counselor of the city of St. Louis, who shall give notice that, on a day to be named, the city of St. Louis will make application to the St. Louis land court, or the judge thereof, in vacation, for the appointment of commissioners of estimate to appraise the land mentioned in the notice for public use, which notice shall be addressed to all whom it may concern, and shall be published in two newspapers, published in the city of St. Louis, for at least one week before the day named upon which application is to be made. Sec. T. Upon presenting the application to the land court, or the judge thereof, in vacation, with evidence of the publication as above required, the court, or judge thereof, in vacation (as the case may be), shall proceed to appoint five discreet citizens of the city of St. Louis as commissioners of estimate, who shall go upon the land and carefully examine the same, and assess the value thereof to be paid by the city for the land so taken for public use ; and shall also view the land in the vicinity of the proposed public park, and assess against the same the value of the benefits to accrue to such land from the establishment of said public park; and shall, without unreasonable delay, make a report to the land court of their proceedings. Sec. 8. A copy of said report, and maps of the land con- demned for the park, and all lands assessed for benefits, shall be filed in the city engineer’s office, and a notice given of the same by publication, in some newspaper published in St. Louis, for one week before said report is returned to the land court ; and such report shall be open to the inspection of all parties inter- ested. Sec. 9. Upon the coming in of said report, signed by the commissioners, or any three of them, the said court shall, by rule or order, after hearing any matter that may be alleged against the same, either confirm the said report in full, or any part thereof, or refer the same back to said commissioners for revisal or correction, or to new commissioners, to be appointed by the said court, to reconsider the subject matter thereof ; and the said commissioners, to whom the said report shall be referred, shall return the said report, corrected and revised, or a new report to DIGEST OF CimiTERS AND LAWS. be made by tlieni in the premises, to the said court, without unnecessary delay ; on the same being so returned it shall be confirmed, as a whole or in part, or again referred, in manner aforesaid, as to the said court it shall appear that right and justice recpiirc ; and so, from time to time, until a report shall be made and returned in the premises which the said court shall confirm in full ; and such report or reports, when confirmed, shall be final and conclusive, as well upon the city of St. Louis as upon the owners, lessees, and persons and parties interested in or entitled unto the lands and premises hereinbefore described, and upon all persons wdiose lands have been assessed for benefits, and also upon all persons whomsoever ; and on such final confirmation of such report by the said court, the city of St. Louis shall become and be seized, in fee-simple absolute, of all the said lands, tene- ments and premises hereinbefore described, and all the rights and privileges thereto belonging, in trust, nevertheless, for the uses and purposes of a public park, forever, subject only to the pay- ment of the bonds that may be issued for the purchase money ; and all leases, covenants and contracts between landlord and ten- ant, pertaining to any of the lands so taken for public use, shall cease and determine upon the confirmation of such report. Sec. 10. The board of commissioners of the Central park shall, after they have taken possession of said lands for the city of St. Louis, provided the said report shall be confirmed in full — and, if the same shall not be then confirmed, then after it shall be confirmed by the court — pay, on behalf of the city of St. Louis, to the respective persons or parties mentioned or referred to in said report, in whose favor any sum or sums of money shall be estima- ted or reported by the commissioners of estimate, the respective sum or sums so estimated and reported in their favor respectively ; and in case of neglect or default in the payment of the same to the respective persons or parties in whose favor the same shall be reported, his, her or their executors, administrators or assigns, at anytime after application to the mayor of the city of St. Louis, or the president of said board of commissioners, for payment thereof, may sue for and recover from the city of St. Louis the amount so due, with lawful interest from the date of such appli- cation, in any court having jurisdiction thereof; and in such suit it shall be sufficient to complain generally for so much money due DIGEST OF CHARTERS AND LAWS. to the plaintiff or plaintiffs under this act, for premises taken by virtue thereof, and it shall be lawful for the plaintiffs to give any special matter in evidence under such general complaint ; Pro- vided^ That whenever the owners of any such lands, taken by virtue of this act, shall be under the age of twenty- one years, or insane, or married women, or absent from the city and county of St. Louis, and also in all cases where the name or names of the owner or owners entitled to or interested in said land shall not be set forth in said reports, or where the title to any of the land so taken shall be in litigation, it shall be lawful for said board of commissioners, in behalf of the city of St. Louis, to pay the sum or sums mentioned in said report of the commissioners of estimate, or payable to such owners, persons or parties, respectively, into the land court, to be secured, disposed of, or held, as the said court shall direct ; and such payment shall be as valid and effectual, in all respects, as if made to the said ovvmers. Sec. 11. In all cases where estimates are made for property taken in favor of parties who have property assessed for benefits, the commissioners of estimate shall set out the facts and deduct the benefits from the damages, and make the award for the balance, if any ; and the confirmation of the report by the land court shall operate as a judgment against the land for all benefits assessed, and the city shall have the right to collect the same for the benefit of the Central park. In case of the death, resignation or refusal to act of the said commissioners of estimate, or either of them, the court aforesaid shall, upon the application of the city coun- selor, as often as such event shall happen, appoint a discreet person, being a citizen of the city of St. Louis, in the place of said commissioner so dying, resigning, or refusing to act. But it shall be competent and lawful for any three of said commissioners to perform the trust and duties of their appointment, and their acts shall be as valid as the acts of all the commissioners so appointed. Sec. 12. Said commissioners shall be each entitled to receive the sum of five dollars for each day they shall, respectively, be actually employed in the duties of their appointment, besides all reasonable expenses for maps, surveys, clerk hire, and other necessary expenses, which shall be taxed by said court and paid by the city of St. Louis ; Provided^ That in case of the award being referred DIGEST OF CHARTERS AND LAWS. 2n back to the coiniiiissioncrs bj the court, on motion of any of the parties interested in the land condemned or benefited, and the second award is not more favorable for the applicant, then such party or parties so applying shall pay all the costs of such reference. Sec. 13. If the Foard of commissioners of the Central park shall agree with the owners of the property hereinbefore declared to be a public park, for the purchase thereof, or any part of said land, or if commissioners of estimate are appointed, then, upon the confirmation of their report, it shall be lawful for the mayor and comptroller of the city of St. Louis to raise the amount of the purchase money of said premises, or the amount directed by the report of the commissioners of estimate to be paid ; or, if part by agreement and part by the award of commissioners, then to raise the amount necessary to cover both the agreements and the awards, and the expenses connected therewith, by issue of the bonds of said city, bearing an interest not exceeding five percent, per annum, payable semi-annually in the city of St. Louis or New York, as they may deem most advantageous ; said bonds to have twenty years to run, but redeemable at the pleasure of the city after fifteen years. Said bonds shall not be sold for less than ninety-five cents on the dollar ; but, as long as they are held and owned by citizens of St. Louis, or by any corporation of said city, such bonds shall be exempt from all city and [?] taxes. Said bonds shall be designated by the comptroller and shall be signed by the mayor, countersigned by the comptroller, and shall be made payable to the board of commissioners of the Central park, or bearer, and shall be endorsed by the president of said board, and be of such denomination as the mayor and comptroller shall deem advisable. Said bonds, when endorsed by the president of the board of commissioners of said Central park, shall operate as a first mortgage upon said Central park, and all the land and improvements thereon shall be liable for the payment of said bonds. Sec. 14. All vacancies occurring in the board of commissioners of the Central park shall be filled by the common council of St. Louis. Said commissioners shall not receive any compensation for their services, nor shall they be, directly or indirectly, inter- ested in any contract for labor, materials, or superintendence, in the improvement of the park. 18 274 DIGEST OF CHARTERS AND LAWS. Sec. 15. For the purpose of paying interest on the bonds to he issued in payment for the land purchased for said public park, and providing a sinking fund to retire said bonds, as well as to provide for suitably inclosing and improving said grounds, an additional tax of half a mill per cent, will be added to the annual tax of the city, and collected and appropriated, each year, for the purposes named ; and all the money thus derived, except what is necessary to pay interest on said bonds, shall be subject to the control and management of said board of commissioners of the Central park, as w^ell as moneys that may be derived from other sources for the improvement of said park. Sec. 16 . The city of St. Louis shall have jurisdiction over said park, and all the adjoining lands to the distance of one thousand feet on every side of said park, so far as is necessary to establish police regulations and to abate nuisances ; and the police may arrest and detain offenders within the bounds named, and the city recorder shall have jurisdiction of all offenses against the police or sanitary ordinances of the city, within the bounds named, as fully as if said territory was within the corporate limits of the city. Sec 17. The board of commissioners herein created may, after their organization, and before proceeding to purchase or condemn said land, for information, request the mayor of the city of St. Louis to submit the question as to their wish for such a park to the voters of said city, either at a special or general election ; and, if so requested, the mayor shall issue his proclama- tion at least ten days before the day named for the election directing the vote to be taken ; and at such election the vote shall be by ballot, and the ballots shall be ‘^for the public park” or ‘‘against the public park.” If, at an election so ordered, the majority of the vote cast should be against a public park, then the said board of commissioners shall take no further action in the matter of purchasing or condemning said land until ordered so to do by act of the legislature. Sec. 18. This act is hereby declared a public act, to be recog- nized as such in all courts and places, and shall take effect and be in force from and after its passage. Act Feb. 13 . ’ 64 , Sec. 19. All of tluit portioii of the city of St. Louis bounded is 63 )''i 864 ,‘'|i- east by Linn street and Saint Ange avenue, south by Allen street 10 , p. 467. and Pontiac avenue, west by Grand avenue, north by Oliouteau DIGEST OF CHARTERS AND LAWS. 275 avenue, is liereby established as a district to be known as the “District of Lafayette Park.” Sec. 20. The board of improvemement of said Lafayette park shall consist of the mayor and the city engineer, and three citizens residing in and OAvning real estate within said district, Avho shall be selected as noAv provided by ordinance of said city. Sec. 21. The board of improvement of Lafayette park shall have and exercise the same jurisdiction, power, and control, over the said park and the avenues surrounding the same, so far as regulating the use thereof, that is noAV or may be vested by law in the city of St. Louis; and said board of improvement is hereby authorized and empoAvered to make such improvements in and about said park as in the judgment of said board may be deemed necessary ; and for that purpose the mayor and the comptroller of the said city of St. Louis are hereby empoAvered and required to issue bonds, in the name of the said city of St. Louis, to the amount of thirty thousand dollars, and deliver the same to the said board of improvement of Lafayette park. Sec. 22. The bonds so issued shall be in sums of five hundred dollars each, with interest coupons attached, not to exceed eight per cent, per annum. Said bonds shall be made to mature as follows : Two in one year, tAvo in two years, four in three years, four in four years, six in five years, six. in six years, eight in seven years, eight in eight years, ten in nine years, and ten in ten years, from the date thereof ; and said bonds shall be paid by said city of St Louis as is or may be provided for her other ])onded indebtedness ; but one-half of the amount re({uired to meet said bonds, and the interest accruing thereon, shall be j)rovided for as folloAvs, viz : Sec. 23. A tax of one -fifth of one per cent, shall be levied upon the assessed value of all private real estate Avithin the fol- lowing boundaries, viz ; East by Second Carondelet avenue; south Geyer avenue; Avest by Jeft'erson avenue, projected through to Convent street ; and north by Convent street, projected through to Second Carondelet avenue ; and a tax of one-tenth of one per cent, upon all other private real estate Avithin the district created and established by the provisions of the first section of this act. Sec. 24. The assessor of the city of St. Louis is hereby required to add the tax provided in last foregoing section to the 27G DIGEST OF CHARTERS AND LAWS. annual tax-bills against all private real estate within said district, and said tax shall be designated as the “ Lafayette Park Tax.” Said tax, when collected, shall be paid to the city treasurer, and duplicate receipts taken therefor, one of Avhich shall be filed with the secretary of the board of improvement of said park. Sec. 25. All moneys collected annually, as provided by the sixth and seventh sections of this act, in excess of the amount necessary to pay one-half of the bonds and the interest maturing annually, shall be placed by the auditor of said city to the credit of said Lafayette park ; and such moneys, so credited, may be drawn against on the order of said board of improvement. Sec. 26. In case any part of said tax cannot be collected, the same shall be returned as delinquent, jointly with the city taxes, and the same proceedings shall then be had to enforce the pay- ment thereof that are or may be provided for the collection of the revenue of said city, whether such proceedings be against the property or the OAvner thereof ; and when such delinquent taxes are collected, the same shall be placed to the credit of Lafayette park, as provided in section twenty-fifth of this act. Sec. 27. In consideration of the annual tax provided for in this act for the payment of the bonds issued by the said city of St. Louis for the improvement of the said Lafayette park, it is hereby further enacted: First, That said city of St. Louis shall, through its common council and officers, each year of the col- lection of the tax provided for in this act, appropriate and place to the credit of said Lafayette park a sum equal to that which may be collected in excess of the amount necessary for the pay- ment of one-half of the amount of bonds and interest maturing annually: second, the said Lafayette park is hereby dedicated and set apart as and for a public park forever, and no part thereof shall even [ever] be used for any other purpose ; and the same shall be, at all reasonable times, kept open for the use and benefit of the citizens of said city and of the State, under such rules and regulations as said board of improvement, subject to the approval of the board of common council of said city, shall ordain ; and no gambling-house, bawdy-house, dram-shop, beer- house, beer-garden or saloon, slaughter-house, soap or candle factory, oil, glue, vitriol, chemical or other manufa'ctory of any kind which said board of improvement shall declare to be injuri- DIGEST OF CHARTERS AND LAWS. 277 ous or detrimental to the use of said park, or the reputation thereof, shall ever be allowed upon said park, or within the dis- tance of eight hundred feet from said park ; and said board of improvement shall cause all such houses or establishments to be removed and abated, after giving due and reasonable notice to the owner or owners thereof : Provided^ Nothing in this section contained shall interfere with any such house or establishment now existing. Sec. 28. The members of said board of improvement shall receive no compensation for their services as such. They shall keep a record of its proceedings ; shall provide for the safety and proper disbursement of all moneys or property that may be delivered to them ; and all moneys raised by the provisions of this act shall be expended upon said park and the avenues surround- ing the same. They shall keep accurate accounts in detail of all sums expended by them, and report the same to the board of common council, and shall report fully to said common council once every year. They may call upon the police of said city for assistance in the enforcement of all powers conferred upon said board by this act, and the said police shall render the said board or the members thereof such assistance, promptly. CHAPTER XXI. MisceUaneou!' Actions to be in name of city of St. Louis 1 11,12 Bonds ^ city may issue to com- plete sewers 1 city may issue to make im- provements 1 vote to be taken on issue of 1 Bremen^ property of, vested in city If) corporation of abolished 17 . CJiarter^ amendment of, not to atfect acts done 7 may be amended or repealed 8 declared public act b Counselor ^ city, authority of concerning- escheated lands 2 Digest of ordinances ^ when made 5 Escheated lands ^ power of city counselor concerning 2 ^ title of State to, vested in city 3 Foi'eign insurance companies ^ pro- visions to tax 18, 19, 20 9 Provisions. Improvements, city maj^ l)orrow money to make ^ 1 Ordinances., when to ])e digested 5 certain, to remain in force 10 Blank-roads., city to ])nrebase 13 value of, bow to be ascer- tained 13 School fund., certain, bow di- vided.... 14, If) Second municipality. incorj)ora- tion abolished 17 Sewers, city may borrow money to complete 1 Suits, to be continued in name of city 11, 12 Swamj) lands, city counselor may sue tor 2 Tax. foreign insurance compa- ni(*s to i)ay 18, 19, 20 Tax deeds, what force to have... 4 Town of St. Loids. property of to vest in city 0 •m DIGEST OF CHARTERS AND LAWS. Act Feb. 23, 1853, § 10, p. 106, Act Dec’r 13, 1855, § 1, p. 121, Section 1. The city of St. Louis shall have power to direct to be built, at the expense of the city, any main sewer necessary to carry out the general system of sewers adopted ; and to borrow money for the purpose of making any public improvement that may be deemed necessary for the city, or of acquiring any property for the public use of the city ; and may, if necessary to accomplish the object, issue the bonds of the city, having not more than thirty years to run ; but the authority hereby given shall not be exercised unless a majority of the members elect to the board of common council shall pass an ordinance for the purpose, which shall be approved by the mayor. The sense of the qualified voters shall be taken, at an election to be held for the purpose, after giving ten days’ notice, in all the daily newspapers printed in the city of St. Louis, of the amount proposed to be borrow^ed, for what length of time, and for what purpose ; and if a majority of those voting shall decide against making the loan, it shall not be made. Sec. 2. The city counselor of the city of St. Louis, in order to enable the city of St. Louis to avail itself of the provisions of the second section of an act entitled “ An act about swamp lands in St. Louis county,” be, and he is hereby, authorized, in the name of the State of Missouri, to proceed, in the same manner as the attorney general is required to do by the provisions of an act entitled ^‘An act concerning escheats,” approved January 8, 1845, to ascertain whether any real estate has escheated to the State of Missouri ; and said proceedings shall, in all things, be conducted in the manner and form prescribed in said act con- cerning escheats. Iliid, §2, p. 121. Act Nov. 23, 1857, art.v., §43, p. 125. Sec. 3. The title of the State to all lands which shall appear to have escheated to the State of Missouri before March 3, 1851, by any proceeding commenced and prosecuted under the provisions of this act, shall, from and after judgment, be rendered in favor of the State, pass to and vest in the city of St. Louis. Sec. 4. All tax deeds for lot or lots of land sold under ordinances of the city of St. Louis, for the non-payment of taxes due said city, shall be received in like manner, and shall have the same force and effect, when recorded, as State tax deeds in ^ this particular provided for. DIGEST OF CHARTERS AND LAWS. 279 Sec. 5 . There shall be a (li«:est of the ordinances of the city, Act March 3, ^ . ... / art. vii., which are of a general nature, published within six months after p. 101. the passage of this act, and a like digest within every period of three years thereafter. Sec. G. All property, real and personal, heretofore belonging Act M^arch^s, to the inhabitants of the town of St. Louis, or to the trustees of § 5 /p. 160. said town in their corporate capacity, or to the mayor, aldermen and citizens of the city of St. Louis, or to the city council of the city of St. Louis, or to the city of St. Louis, shall be, and the same is hereby, declared to be vested in the corporation hereby created. Sec. 7 . This charter shall not invalidate any act done by the ibid, § 6 , p. 101. mayor, aldermen and citizens of the city of St. Louis, or the city council of the city of St. Louis, or the city of St. Louis ; nor divest them of any right which may have accrued to them prior to the passage of this act. Sec. 8 . The general assembly may, at any time, alter, amend, ibid, §7, p. 101. or repeal this charter. Sec. 9 . This act is declared to be a public act, and may be ibid, § 8 , p. 101 read in evidence in all courts of law and ccpiity in this State without proof. Sec. 10 . All ordinances and resolutions nowin force in the ibid, §2, p. 101. city of St. Louis, and not inconsistent with this act, shall remain in force until altered, modified, or repealed, under this act. Sec. 11. All suits, actions, and prosecutions, instituted, com- ibid, §3, p. 101. mcnced, or brought about by the corporation hereby created, shall be instituted, commenced and prosecuted in the name of the city of St. Louis. Sec. 12 . All actions, fines, penalties, and forfeitures, which ibid, §4, p. lot. have accrued to the common council of the city of St. Louis, or to the city of St. Louis, shall be vested in, and prosecuted for, the corporation hereby created. Sec. 18. The city of St. Louis shall purchase of the joint Act Dec. 6, issa, stock companies so much of the several plank roads included ^ within the boundaries of the extended new limits as are owned by said companies, at. such prices as may be agreed upon between the city council and the directors of said companies ; and, if they cannot agree, the value of said interest shall be assessed as other property taken for public use : Pruvidedy however, That so 280 DIGEST OF CHARTERS AND LAWS. much of said roads, or any of them, as are owned by the county of St. Louis, is hereby vested in the city of St. 'Louis, free of charge. Act ueCi- 6, 1866 , Sec. 14. All mouey, bonds, notes, and other evidences of debt, belonging to the school fund of fractional township forty- five north, range seven east, outside of the city of St. Louis, as heretofore incorporated, shall be divided between the board of president and directors of the St. Louis public schools, as trus- tees of the general school fund of the city hereby established, and between the county court of St. Louis county, for the benefit of said fractional township outside of the city, hereby established ; namely, on the following basis ; One-half of the funds accord- ing to the ratio of population, and the other half according to the ratio of territory, namely, of said fractional township included in the extended new limits of said city, and of the said township outside of the same ; to be determined by two commis- sioners, who shall be appointed, one by each of the said parties, sharers in the funds ; who, failing to agree, shall appoint an umpire, to be chosen from the county outside of said city or township. The further management and sale of section sixteen of said fractional township shall remain with said county court, in accordance with the act of the general assembly of this State, approved March 3, 1851, entitled ‘‘An act to authorize the sale of fractional section sixteen, township forty-five north, range seven east ; ” and after each sale of any unsold portion of said section, the fund arising therefrom shall he divided between the two parties, sharers, in accordance with the ratio which shall have been determined according to the succeeding provisions of this section ; the county court of St. Louis county, first paying all cost of management and sale of the lands, at all times to reserve a sufficient sum to pay the probable expenses relating thereto. Ibid, § 10 , p, 117 . Sec. 15. The funds belonging to the board of president and directors of the St. Louis public schools, bcdore tlie passage of this act, shall be a common fund for the use and benefit of the whole city, as hereby established. Ibid, § 11 , p. 117. Sec. 16. The property ot' the present city of Rremen, and of the second municipality, shall he vested in the city <>f St. Jjouis ; and the hitter shall assume the indebtedness of Ih-emeu, not exceeding five hundred dollars ; and of the second munici])ality. DIGEST OF CIDVRTERS AND LAWS. 281 not exceeding one hundred dollars ; and shall receive all sums of money that may be due to said Bremen, and to said second municipality, for taxes or otherwise. Sec. 17. The separate incorporations of the city of Bremen ibid, § 13 , p. ns. and second municipality are hereby vacated and abolished. Sec. 18. The agent or agents of any foreign insurance com- r>b. 27, ° ^ ° JO 1857, § 6, p. 122. pany, doing business in the county of St. Louis, shall publish, daily, for six successive days, on or before the first day of Febru- ary of each and every year, the statement required in the first section of the act to which this is amendatory, in one English and one German newspaper published in said county : Provided^ That whenever the parent office of such agency shall publish an annual statement of its affairs, the time mentioned in the first part of this section for the publication of the statement shall be so changed as to allow said publication to be made within one month of the date of such annual statement by the parent com- pany. Sec. 19 . The agent or agents of any foreign insurance com- ibid, §7, p. 122. pany, doing business in the city of St. Louis, shall, in addition to the tax on gross premiums above provided for,, pay to the collector of the ward in said city in which the office of said agent is located, on or before the first day of February of each and every year, the sum of one hundred dollars, for the use of said city, which sum shall be considered in full for, and in room of, all taxes and licenses Avhich said city, by its charter, may or may not possess the power to impose on such agencies ; and such’ collector shall, upon such payment being made, issue to such agent or agents a license, in the name of the city of St. Louis, for the carrying on the business of such agency for one year ; which license shall be reneAved from year to year, if demanded, and shall not be subject to any taxation of any kind whatever. Sec. 20. Any agent or agents of any such insurance company, ibid, §8, p. 123 who shall neglect or refuse to comply Avith the reipiirements of the last preceding section, shall forfeit and pay the sum of tAvo hundred dollars, Avhich may be sued for and recovered, in the name of the city of St. Louis, to the use of the same, by suit instituted by the city attorney, in any coui't having competent jurisdiction. .... I W »< * ■ I. . . .'ti 't ■M... .- r. 1 i ■•■ V;/ . ;>.- ■ : . f •*< n - ! •> .... 'f » . ' . ' ^ ' .lit As . -' ■ . . " , : ■ t • . u i i ■ ■ v) p, a’ t.ii'irf ui . . .. - ., ■ , A 1 *; 't »’'."i^ ftU ..r A-. rH' ■ 1 S't.v'., . . ':U'. _ ■• - , ' » *. , JL. f. J ’ ! 1 n#i^ ■ .tU , ' ■ -• kii^J - .1 t;.a ify-wfp ~r 2 ifc-lillii ifc "ifcr»ll!ibl^ . ,. ': •>' Ai\¥ * , ■ 1 .*^ 4 ^'. ' iws! , . ■ ,V;i i'- I ■.^'M i i ' . ; ' 'lo 1 ■ . ‘i ? ' • „ ' , 1 . 'i ■ ■ >yr; ^ . » . • * -'■M N •*} * , ' ' ' ■ A !.< 'I < i* i# ^.' 'jV ■ •'Sjr n«| '* ' • REVISED ORDINANCES OF THE CITY OF ST. LOUIS, IN FORCE UP TO THE SECOND MONDAY IN OCTOBER, 1865. (No. 4872.) CENSUS.* Affidavit^ census-takers to make ^4, 9 Auditor^ to lay census before common council 10 Census^ when to be taken I to be taken under superintend- ence of jiresident of board of assessors 2 wliat to contain 4 — 8 Census repo7't^ what to contain... 4 — 8 Census-takers^ bow ajipointed 2 delegation of wai-d to recom- mend ^ 2 list of, to be published 3 president of board of asscissors to furnish blanks to 3 directions to 4 — 9 President of hoard o f assessors , to superintend takin<^ of census 2 to publish list of census-takers 3 to furnish blanks to census- takers 3 directions to in copying- census 4 — 9 Be it ordained by the Common Couneil of the City of St. Louis . Section 1. The census of the city shall he taken in the month of December, eighteen hundred and sixty-four, and during the same period of time every four years thereafter. Sec. 2. When the census is to be taken it shall be the duty of the mayor to appoint a sufficient numlier of persons, whose names for each ward shall be recommended by the delega'don of the ward, who shall, under the superintendence and direction of the president of the board of assessors, proceed to take the *Tbis constitutes the second article of ordinance No. 4872, aiiproved July 5, 1801; it was detached tbendVom liy the inwiser, and made part of another ordinance, which failed to pass the common council, thus leaving it in force in the above shape. Census, when to be taken. Census-takers to be appointed 284 CENSUS. List of census- takers to be pub- lished. President of board of asses- sors to furnish blanks. Census to be copied into books ; form of census. Directions con- cerning the man- ner of taking census. census of the city in a period of time not exceeding ten* days, which days shall also be fixed by the mayor. Sec. 3. A list of such census taken [takers] shall be published by the president of the board of assessors at least ten days pre- vious to the time for taking the census, stating the number of the block or blocks for which they are appointed, and requesting them to call at the office of the president of the board of assessors to receive the necessary papers and instructions. The president of the board of assessors shall furnish each census-taker with a sufficient number of blank sheets, on which shall be printed the same columns and headings which the census books are required, by this ordinance, to contain ; on which sheets they shall take the census, [and] return the same to the office of the president of the board of assessors, with an affidavit to it, as hereinafter provided. Sec. 4. The president of the board of assessors shall cause the census to be copied into separate books, one for each ward, which shall be made out by blocks, numerically, as provided in article 1, section 7 [G], of this ordinance ;t and he shall enter, in separate columns, the number of white males, white females, free male persons of color, free female persons of color, male slaves, female slaves ; and in separate columns, the number of each of said classes of persons under five years of age, over five and not exceeding ten, over ten and not exceeding fifteen, over fifteen and not exceeding twenty- one, over twenty- one and not exceeding forty-five, over forty-five and not exceeding sixty, and all over sixty years ; also, the number of white children over fourteen years of age, and not exceeding eighteen, who cannot read and write ; and the number of white children, over seven and not exceeding twelve years of age, who do not attend some school or place of instruction at the time of taking such census. Sec. 5. The takers of the census shall also register, in separate columns in said book, the names of all persons in their respective districts, in the blocks where such persons may reside, the name of every merchant, trader, grocer, auctioneer, broker, *The word “two,” in the original ordinance, is changed to “ten” h}' ordinance No. 5472, approved Deceniber 15, ]8()4. f Section G, of article V, of ordinance No. 5453, i)assed Se])teinhcr G, 18G4. CENSUS. 2«r) inn-keeper, tavern, drani-sliop, tippling-liouse, })eer-liouse, coffee- house, attorney at law, physician, mechanics, laborers, rivermen, bricklayers, children going to any school, number of Americans, Germans, English, Irish, French and all other nations ; Ameri- cans over twenty-one, naturalized foreigners over twenty-one, foreigners over twenty-one years who have their first papers, foreigners over twenty-one who have no papers. Sec. 6 . The census- takers shall also ascertain and return with Furtber «iirec- the census the number of buildings, exclusive of out-houses, situated on each block, specifying in each case the materials of which the building is composed, the number of stories contained in it, and the purpose for which it is used. Sec. 7. They shall return the names of the heads of families. Further direc- and all persons enumerated separate from any family ; and under the name of the head of any family shall be enumerated all persons of the household, whether residing there as boarders or otherwise, provided they be residents of the city ; and opposite the name of each person or head of a family shall be stated the kind of building they occupy. Sec. 8. The return of the census shall show separately in Further dnec- blocks the addition of each column, which shall be forwarded and recapitulated in aggregate in the back part of each of said books ; and said recapitulation must shoAv the aggregate population of each particular age, sex or color, and also the aggregate of each kind of buildings, merchants, grocers, and so forth, as herein- before stated. Sec. 9. After the census-takers have completed their work, ^mdavit to be they shall each file an affidavit with the register that they have, to the best of their knowledge and ability, made an accurate return of every man, woman [and] child in the city, aiid that they have reported no more. Sec. 10. The city auditor, on the return of said books con- t,, ..p. taining the census taken, [as] aforesaid, shall lay the same before the common council at the first meeting thereafter. Approved, July 5, 1801. 286 COMMON COUNCIL AND ORDINANCES. (No. 5419.) COMMON COUNCIL AND ORDINANCES. AN OEDINANCE CONCEENING THE COMMON COUNCIL. Accountability of officers , repeal of ordinance notto affect II, §15 Actions pending, not affected by repeal of ordinance II, 9 Auditor^ sergeant - at - arms to carry messages for I, G sergeant-at-ai-ms to report to..!, 6 Boat'd o f fire engineers , election of 1 , 8 Board of health, sergeant-at-arms to attend on I, 6 election ot I, 8 Board of imp7'ovement of Washing- ton square and Missouri park, election of. I, 8 Boat'd of matiagers of wot'khouse , election of. I, 8 Called sessions of common conn- cil. notice for I, 3 Clerk of board of health, sergeant- at-arms to attend on... I, 6 Clerk of coimnon council, election of:; 1, 4 duties of. I, 5, II, 17 sergeant-at-arms to attend on I, 6 to strike certain words from bills II, 17 Comtnittees, election of. I, 1, 8 Common council , organization of..I, 1 sessions of. I, 2, 3 to sit as court of appeals I, 2 resignations from, to whom addressed I, 9 vacancy in, bow tilled 1, 10 members interested, not to vote on certain bills I, 11 proceedings of, on petitions for improving streets 1, 12 Comptroller, sergeant-at-arms to carry messages for I, 6 Court of appeals, common council to sit as I, 2 Engineer (city), sergeant-at-arms to cany messages for I, G Fire engineers , election of. 1 , 8 Fires and fuel, sergeant-at-arms to provide I, § G Gaslight comtnittee^ election of... I, 8 Hall of commoti oouncil, sei’geant- at-arms to attend to I, G House of refuge committee, elec- tion of. I, 8 Iron Mountain railroad, committee, election and duties of I, 8 Mayor, common council to pro- vide for installation of. I, 1 Mayor, to convene common council as court of appeals I, § 2 to give notice of called ses- sions I, 3 sergeant-at-arms to carry mes- sages for I, G duty of, on vacancy in com- mon council I, 10 power of concerning bills II Messenger, sergeant-at-arms to employ I, 7 duties of. I, 7 Missomi park, board of improve- ment of. I, 8 North Missouri raih'oad committee, election and duties of I, 8 Office, tenure of not affected by repeal of ordinance II, 15 Officers ot common council, elec- tion of I, 1 Ordinatices, passed by vote of interested member, void I, 11 passed over majmr’s veto, how authenticated II, 1 passed by default ot ma^r, how authenticated II, 2 duty of register concerning.... II, 3 copies of to be bound for use of council II, 3 not revised, to continue in force II, 4 revised, to repeal all repug- nant provisions II, 5 private or local, not affected by revision II, G rei)eal of, not to affect pre- vious i)roceedings II, 7 repeal of, not to affect penal- ties incurred II, 8 repeal of, not to affect pro- ceedings pending II, 9 certain words in, how con- strued II, 10, 11, 12, 13 rei)ealof, not to revive certain oi-dinances 11, 14 rei)eal of. not to affect tenure of ollice, etc II, 15 titles of, to indicate subject matter H, IG when to take eflect 11. 17, 18 revised, when deemed to have passed H, revised, how to be con- striUMl n, 18 to be translated H, 19 COMMON COUNCIL AND ORDINANCES. 287 Pacific, railroad committee,, elec- tion £ 111(1 duties of I, § 8 Petitions for improving streets, procjcedings on 1, 12 President of common council,, elec- tion of. I, 4 pj'o tern.,, election of. I, 4 to notify mayor of vacancy in council .....1, 10 Proceedings of common council,, how kept I, 5 clerk to have synopsis of published I, 5 on petitions for improving streets in extended new limits 1, 13 Record of proceedings , clerk of council to keep I, I 5 Register (city), duty of concern- ing ordinances II, 3 sergeant - at - arms to carry messages for ...". I, 6 to publish translations II, 19 Repeal of ordinances (see ordi- nances) . Resignation of couneilmen^ to whom addressed I, 9 Resolutions^ duty of clerk of council concerning I, ^ 5 Sergeant-at-arms,^ election and duties of. I, 0 to employ messenger I, 7 Sessions of common council 1 , 2 , 3 Sewer committee,, election of. I, 8 Stayidinq committees , election of... I, 1, 8 Superintendent of waterworks , sergeant-at-arms to cany messages for I, 6 Synopsis of proceedings of coun- cil, clerk to publish 1, 5 Tenure of office,, not affected by repeal of ordinance II, 15 Title of ordinances,, to indicate subject matter II, IG Translator,, election and duties of. II, 19,20 Treasurer,, sergeant-at-arms to carry messages for I, G Vacancy in common council,, how filled .......1, 10 Washington square board of im- provement, election of. I, 8 W aterworks committee, election of 1 , 8 Be it ordained hy the Common Council of the City of St. Louis . ARTICLE 1. Meeting; and Organization of the Board,, and general ])rovisio7is. Section 1 . The board of common council shall meet on the Annual inooling first Saturday after the first Monday in April, at two o’clock p. council. ijurposu M., in each year, for the purpose of organization, of electing coiinnittoes Xl iY- 1. . r. 1 1 1 ® he elccto.l ; ac- tlie onicers and such standing committees or tlie board as are counts of treas- 1 1 1 1 1 1 11 1 a !• '""y ted as sundy on bonds H, 5 ELECTIONS AND OEFICEllS. 299 Counselo7\ to prosecute imp(‘jicli- ineiit of city attorney III, § 13 salary of. ? VI, 1 Delinquent tax clei'k^ salaiy of.. VI, 1 Depositions, in contested elec- tions I, 23 in iinpeacliments Ill, 12 Deputations , provisions concern- ing- IV, 2 Deputies^ certain officers prohib- ited from acting as II, 17 what officers may appoint. ..IV. 1 principles liable for IV, 3 salaries of. VI, 1 Elections, where to be held I, 1 expenses of, how paid I, 1 notice of to be given I, 2 when to be void I, 11 contested, proceedings in I, 21 — 23 Engineer (city), not to be accepted as surety on bonds II, 5 salary of. VI, 1 Fees of city officers to be paid into treasury VI, 2 Fire-alarm telegi'aph, salary of operators of. ^..YI, 1 Fire department, fees of officers of VI, 1 Fund commissioner, salary of... VI, 1 Harbor -7naster , salary of. VI, 1 Health officer, sahu-y of. VI, 1 Impeachment of city offic.ers, pro- visions concerning Ill, Inspector of vehicles, salary of... VI, 1 Judges of election, how ai)point- ed I, 3. 4, 5. 17 qualilications of. I, 3 to appoint clerks I, (>, 17 duties and powers...!, 8,9,12, 13, 14 penalty for interfering with... I, 9 failiiijr to perform duties, pen- alty I, 16 compensation of. 1,19 Land cominissioner , salary of VI, 1 Market -masters, salarj^ of VI, 1 Marshal (city), to provide rooms forelections I, 1 to certify expenses of election..!, 1 to serve process for common council Ill, 10 salary of. VI, 1 Mayor, to appoint places for holding elections I, 1 to approve expenses of elec- tions I, 1 to give notice of elections I, 2 when to appoint judges ot elec- tion I, 4 when to order new election I, 11 to be present at counting votes I, 14 to sign certificates of election..!, 15 to approve secinlties on bonds 11,5 to sign officers’commissions...II, 6 when to nominate officers ...II, 7 Mayor, duty of on rejection of nomination II, I 8 refusing to nominate, officer holding over to have no pay.. II, 8 to notify iiresident of common council before leaving city.. II, 13 officers to submit books to in- spection of. II, 15 may suspend elected officers..!!!, I to All place of suspended offi- cer Ill, 2 notice of depositions to be served on Ill, 12 may remove appointed offi- cers .i..III, 17 salary of. VI, 1 mayor’s secretary, salary of.. VI, 1 Messenger hoy, salary of. VI, 1 Notice, of elections, when to be given I, 2 of depositions, how served. .Ill, 12 Nommations for office, when to be made II, 7 dutyof mayor on rejection of..II. 8 officers to take.! II, 3 who authorized to administer 11,24 Obligations of city , officers not to deal in II, 18 Office hours of certain officers... II, 25 Officer, term construed VI, 3 Officers, qualifications of. II, 1 when to be commissionetl II, 6 oath to be taken b}^ TI, 3 to give bonds II, 3 certain, not to be accepted as surety on bonds II, 5 appointment of. II, 7 leaving city, office of vacated. .11, 11 to submit books for inspec- tion II, 15 to deliver books, etc., to suc- cessor II, 14 prohibited from dealing in city’s paper II, 18 to report amount of fees re- ceived II, 19 penalty against for violating duties 1 1 , 20 term of ollice of. II, 21 to assist siu;c{‘ssors...- II, 23 what, may administer oaths..II, 24 duty ot, ill letting contracts..! 1 , 27 how suspended and remov('d..IIl what, may appoint dei)uties..IV, 1 liability of for (hquitics IV, 3 amounts of bonds of V salari(‘s and compensation of..V I, 1 to jiay lees into treasury VI, 2 Penalties for certain otfenses I, 10, 16, 18; 11, 12, 20, 23; III, 3 Physician at hosjntal, salary of... VI, 1 Poll-books, register to deliver to judges I, 7 who may examine I, 23 300 ELECTIONS AND OFFICERS. Elections^ where and how held. Marshal to pro- vide rooms. Expenses of, how paid. What notice re- quired for elec- tions. President of common council^ to notify register of nomina- tions. " II, g 8 when to act as mayor II, 13 when to issue subpoenas Ill, 10 Qualifications of officers Ill, 1 — 3 Recorder^ not to be accepted as surety on bonds II, 5 salary of. VI, 1 Register (of water rates), salary of VI, 1 Register (city), to notify judges of election of appointment...!, 7 to deliver ballot-boxes to judges of election I, 7 to count and certify votes I, 14 to issue certificates of election I, 15 to deliver certain ordinances to judges I, 20 not to be accepted as suret}^ on bonds II, 5 to issue officers’ commissions..II, 6 salary of VI, 1 Regecte'd ballots^ to be counted and certified I, 12 Removal of officers^ provisions for III. Reports of o fficers, to be published and recorded II, 22 Salaries^ of officers VI, 1 officers holding over not to receive II, 8 officers suspended not to re- ceive Ill, IG of deputies, principals to pay IV, 3 Securities on bonds ^ mayor to approve II, ^ 5 certain officers not to be ac- cepted as II, 5 Sergeant-at-ai'7ns ^ salary of. VI, 1 Special elections^ when to be ordered II, 10 Street inspectors, salary of VI, 1 Subpoenas for witnesses, who to issue on impeachments Ill, 10 Superintendents of streets,, salaries of. VI, 1 Superintendent of waterworks , not to be accepted as surety on bonds IT, 5 salary of. VI, 1 Superintendent of workhouse,, not to be accepted as surety on bonds TI, 5 salary of. VI, 1 Suspension of officers, provisions for Ill Tt'easurer {city) , not to be accept- ed as surety on bonds IT, 5 salary of. VI, I treasurer’s clerk, salary of. ..VI, 1 Vacancy in office , how filled... II, 9, 10 Voters, when to elect judges I, 5 where to vote I, 8 Weighers, salary of. VI, 1 Witnesses, how subpoenaed before council Ill, 10, 11 fees of. Ill, 14 Wood-master, salary of. VI, 1 Be it ordained hy the Common Council of the City of St. Louis : ARTICLE I. Elections. Section 1. All elections for city officers sliall be held at such place in each ward as the mayor may direct, and according to the regulations hereinafter contained ; and, thereupon, the city marshal shall provide, at the expense of the city, suitable rooms for the judges and clerks of any city election ; and upon liis certificate of the ai^iount thus expended, and with the approval of the mayor and comptroller, the auditor shall dra’w Ids warrant on the treasurer, payable out of the appropriation for contin- gencies, unless otherwise directed. Sec. 2. The mayor shall give ten days’ pid)lic notice of the time and place of holding any general election, and five ELECTIONS AND OFEICERS. 301 days’ public notice of tlic time and place of holding any special election. Sec. 3 . There shall be appointed, annually, by the board of Judges of eiec- 1 1 1 . in- tion to be ap- coinmon council, six judges ror each ward to superintend all city pointed. elections, who shall be citizens of the United States, and shall QuaUAcations . . . . . ol- have resided in the ward for which they are respectively appointed at least two years next preceding their appointment, and the where to serve. board of common council shall designate the poll in such ward at which each of such judges shall serve. Sec. 4. If any person so appointed decline or neglect to serve, the board of common council, if in session, shall appoint others to serve instead ; but if the board is not in session, the mayor shall appoint the judge or judges to serve instead of the person or persons declining or neglecting to serve. Sec. 5. If a vacancy be not filled, or if any person appointed fail to be present at the place of election at the time of opening the polls, or, being present, decline serving, a majority of the qualified voters then and there present may elect a qualified person to act as judge of that election. Sec. 6 . The judges at any election shall, before opening the polls, appoint two suitable persons, (pialified voters of the ward, to act as clerks of the election, who shall make and subscribe an oath or affirmation faithfully and impartially to discharge the duties of clerk ; but no officer of the city, or candidate for any city office, shall be judge or clerk of any city election. Judges declin- ing, how others to be appointed. Vacancies on day of election, v^^ters to till. Judges to ap point clerks. Oath to be taken by. Candidates not to act as clerks or judges. Sec. 7 . The city ref^ister shall, at least three days before the Noticetobegiv- 1 e 1 1 1- 1 • • e 7 • . en to judges. clay set ror holding an election, cause notice or tiieir ap])oint- ment to be ffiven to the iiuffies, to one of whom he shall deliver nai'^s and bai- o J o 7 ^ ^ ^ lot-box deliver- a ballot-box and blank poll-book, with the necessary certificates written in blank therein. Sec. 8. The iudfi-es shall receive the ballot of every {nullified Regulations con- corning the re- votcr offering to vote, placing thereon the number of such ballot, coiviug of votes. and deposit such ballot in the ballot-box, which shall not be opened until the polls are closed ; and the clerks shall enter in the poll-books, in a fair hand, the name of every person voting, recording opposite each name the number of the ballot ; also the name of every person whose vote is rejected, and opposite thereto shall note the fact of the rejecting, and the ballot so 302 ELECTIONS AND OFFICERS. Voters to vote rciected sliall be deposited in a separate box. Voters shall vote where they re- ^ only in the wards in which they respectively reside. Judges to pre- Sec. 9. The jud^cs shall have power to preserve order at the cause disturbers polls, aiid to Command the officer in attendance to arrest and take to be arrested. ^ before the recorder any person who shall, by violent or turbulent conduct, or in any other manner, interfere with, hinder, obstruct, disturb, or delay the judge or clerks in the discharge of their Penalty for dis- dutics, 01 ’ ally votci’ ill excrcisiiig the privilege of voting ; and tion"'^ for any such offense the offender shall forfeit and pay a sum not less than ten nor more than one hundred dollars. Penalty for seiz- ing ballot-box If ballot-box is seized, election to be void. Regulations con cerning the counting and certifying of votes Rejected ballots to be certified Sec. 10. Whoever shall, at any election, seize, or attempt to seize, a ballot-box or poll-book, with the purpose of carrying the same off by force, shall forfeit and pay a sum not less than two hundred and fifty nor more than five hundred dollars. Sec. 11. If a ballot-box shall be seized and carried away at any election, so that the ballots therein cannot be counted, the whole election shall be thereby void, and a new election shall be ordered by the mayor. Sec. 12. At the close of the polls the judges shall proceed to call out the ballots and ascertain the number of votes given for each person voted for, and shall continue the counting of the ballots, without intermission, until all are counted, when they shall immediately certify the aggregate number of votes given for each person, and their certificate shall be attested by the clerks. A like examination and a separate certificate of the rejected ballots shall be made in like manner. - Disposition of ballots after counting Poll-books to be delivered to re- gister. Register to count up votes given. Sec. 13. The ballots shall, as they are counted, be strung by the judges on a string or wire, and at the close of the count replaced in the ballot-box, which shall be locked and safely sealed up with wax, and not [be] reopened by them, or with their consent, thereafter. Sec. 14. At the hour of four o’clock in the afternoon of the next day following that of any election, the judges shall deliver the ballot-boxes and poll-books, with their certificate as aforesaid, to the register, at his office ; and the register shall forthwith proceed, in the presence of the mayor and at least one judge of election of each ward, if a general election, or one judge of the ward in which the election was held, if a ward election, to count up the number of votes certified in each poll-book, and make out ELECTIONS AND OFFICERS. 303 a certificate stating the name of each person voted, at full length, the office for which he is voted for, and the aggregate number of votes given to each person, and who are elected; when [which] certificate shall be signed by the mayor and the judge of election present, and attested by the register. Sec. 15. The register shall, on the next day after making the certificate aforesaid, make out and deliver a certificate, under the seal of the city, signed by the mayor, to each person elected, setting forth the office to which he is elected. Sec. 16. Any judge or clerk of election who shall have com- menced serving as such, and shall fail to perform any of the duties enjoined on him by law or ordinance, except for a reason specified in the next succeeding section, shall forfeit and pay a sum not less than twenty nor more than five hundred dollars. Sec. 17. If any judge or clerk of election, after entering upon the discharge of his duties, shall, by sickness or other personal disability, be rendered unable to continue to act, another may be appointed in his place : if a judge, by a majority of the qualified voters present ; if a clerk, by the judges. In such case the person substituted shall make oath as hereinbefore required ; and the fact of substitution, and the time when it took place, shall be noted in the poll-book. Sec. 18. No judge or clerk of election shall examine, or suffer any one to examine, the ballot of any voter handed in to be deposited in the ballot-box, before placing the same therein ; or permit any one but the voter handing the same in, or one of the judges, to handle the .same ; or allow any person but one of the judges to handle a ballot-box, under penalty of not less than five nor more than one hundred dollars. Sec. 19. At a general election, when there is a full ticket of all city officers to be elected, the pay of each judge and clerk shall be eight dollars; at a general election, when only councilmen are to be elected, six dollars ; and at all special elections, four dollars. Sec. 20. It shall be the duty of the city register to deliver a copy of this ordinance to each of the judges for the several wards of the city, at least one day previous to any election. Sec. 21. When the election of any city officer shall be con- tested, it shall be before the common council, at any regular To certify num- ber of votes, and who elected. IIow certificate shall be signed. Certificate of election to be made out. Penalty for ceas- ing to act as judge or clerk of election. Judge or clerk becoming dis- abled, how sub- stitute may be appointed. Substitute to take oath ; note to be made in poll-book. Judges not to permit ballot to be examined or handled. • Penalty for handling ballot or ballot-box. Compensation of judges and clerks. Copy of ordi- nance to be de- livered to judges. IIow election may be contest- ed. 304 ELECTIONS AND OFFICERS. Notice to be given. Contents of no- tice; register to be notified; no commission to be granted. Common council to recount votes. To hear objec- tions to voters. To ascertain bal- lot of unquali- fied voter. To hear other objections ; to award certifi- cate to person legally elected and qualified. Depositions may be taken ; poll- books may be ex- amined. Qualification of officers. session after said election shall be held ; and the person contesting such election shall give to the opposite party notice in writing, at least ten days before the said regular meeting of said council, specifying the grounds upon Avhich he expects to rely, and shall also file with the register a copy of the same ; and no certificate shall be made out, or commission granted, to any person until such contest is heard or determined. Sec. 22. At the first stated session of the common council, they shall proceed to recount all the votes cast for each candidate, respectively, and shall carefully make an aggregate of the same ; they shall then proceed to hear and determine the objections to the qualifications of any voters, upon the oral and written testi- mony of witnesses produced or examined by either party ; and if it appear that any person has voted who wms not legally qualified, they shall take his number on the poll-book, and shall find the corresponding ballot and make a minute of the same, together with the name of the person for whom he voted ; and shall thus proceed through the poll-books, noting each voter whom they find unqualified, and the person for Avhom he voted, and shall make an abstract of the same. They shall then proceed to hear all and every other ground of contest, and shall, by resolution, aw^ard the certificate of election, or commission, to that person who is, in every respect, eligible, and who shall have received a plu- rality of all legal votes so found to be cast at any election as aforesaid. Sec. 23. Either party may, on giving notice thereof to the other, take depositions, to be read as evidence on the trial ; and both parties shall, in the presence of the register, have the privi- lege of examining the poll-books and ballots, either separately or together, for the purpose of such conduct [contest]. ARTICLE II. ^/2ppointment^ Qualification a7ul Duties of OJJicey's^ and Miscellaneous P7'ovisio7is Concer7ii7i^ Oficers. Section 1. Every person elected or appointed to an office under this city shall be a citizen of the United States, over twenty-one years of age, and shall have resided in tliis city at least oue year next preceding his election or appointment. ELECTIONS AND OFFICERS. 305 Sec. 2. No person shall perform the duties of an office to Not to act unless A ^ ... commissioned. which he may have been elected or appointed, until commissioned, as hereinafter provided. Sec. 3. Every person so elected or appointed shall, before to take oath, entering upon the duties of his office, make and subscribe an oath, before a proper officer, that he will support the constitution Nature of oath, of the United States, and of this State, and the charter and ordinances of the city of St. Louis, and faithfully demean him- self in his office ; and, when bond is required, shall give the same ; Give bond, which oath and bond shall be filed with the city register. Sec. 4. Official bonds shall be made to the city of St. Louis, conditions of and shall be conditioned, when not otherwise prescribed, for the faithful performance by the officer of all acts and duties required of him in his office by any law of the State of Missouri, or ordinance of this city, existing at the date of the bond, or subsequently passed. Sec. 5. Such bonds, before being executed or approved t>y the mayor, shall be presented to the city counselor, or, in his absence or inability to act, to the city attorney, for his approval of the form thereof. If his approval in that respect be written thereon, the same shall be executed and presented to the mayor for his approval of the security offered, which, being approved, appJoveT the register shall receive and file such bond : Provided^ That no Certain officers person shall be accepted as security on any such official bond ed as securities, who is at the time a member of the common council, or acting as city comptroller, city auditor, city treasurer, city register, eity engineer, superintendent of waterworks, superintendent of work- house, city recorder, city attorney, or counselor. Sec. 6. Upon said oath or bond being filed with the register, oufeommisS! he shall deliver to the person elected or appointed, except mem- bers and officers of the council, a commission, in the name of and signed by the mayor, and under the seal of the city, author- izing and empowering such person to discharge the duties of the office for the term for which he has been elected or appointed, and until his successor shall have been duly elected or appointed, and commissioned. Sec. 7. On or before the third Monday in May, in each year, Se^cerunrof- the mayor shall nominate to the board of common council (if then in session, if not, then as soon thereafter as the board shall 20 306 ELECTIONS AND OFFICERS. Proceedings on rejection of nominee. If confirmed no- tice to be given. Mayor to fill certain vacan- cies. Vacancy in elected office, how filled. Officer leaving city, office va- cated. Officers may ob- tain leave of ab- sence. Penalty for ab- sence without leave. be in session), for their advice and consent, the names of suit- able persons to fill the several offices under the city government which are required to be filled by his appointment, with the advice and consent of that board, and not directed by ordinance to be nominated at some other time. Sec. 8. If any nomination, so made, be rejected, the mayor shall immediately make another nomination, who shall not be the same person as was rejected ; jjrovided^ he shall not be requested by the council to renominate the same person. In case the mayor shall fail or refuse to nominate, as hereinbefore required, then the auditor is hereby instructed not to pay the officer holding over, after the common council shall have adjourned sine die^ his salary. If the nomination is confirmed, the president and clerk of the board of common council shall certify the fact to the city register, who shall immediately notify the appointee thereof. Sec. 9. If a vacancy occur, while the council is in session, in any office which is filled by the mayor’s appointment, the mayor shall immediately nominate a person to fill the same, who, when confirmed by the board, and qualified and commissioned, shall hold the office for the unexpired term thereof. If the council be not in session, the mayor shall appoint a person to fill the office until the next stated session of the council, when a nomination to fill the same shall be made. Sec. 10 . If a vacancy occur in an elective office, the mayor shall appoint a person to fill the same until an election be held and a person be elected ; and he shall, unless such vacancy occur within one hundred days before the time of holding a general election, immediately order a special election to fill the same. Sec. 11. Any officer of this city who shall leave the same with the intention of residing thereout or to be absent therefrom, without the written permission of the mayor, shall thereby vacate his office, and the mayor shall order an election, or fill the same, as in case of any other vacancy. Sec. 12. An officer desiring to be temporarily absent from the city shall apply to the mayor for leave of absence, which may, in the discretion of the mayor, be granted, in writing, for any time not exceeding twenty days ; and, when granted, shall be filed with the register; and any officer who sliall be absent from the city more than one week without such leave ELECTIONS AND OEEICEllS. 307 shall forfeit and pay not less than ten nor more than one hundred dollars. Sec. 13. If the mayor shall, at any time, intend to be absent from the city more than one week, he shall notify the president of the board of common council thereof, who, during the mayor’s absence, shall exercise all his duties and powers. During the mayor’s absence he shall receive no salary, but the salary of his office shall, for the time, be paid to the person acting as mayor. Sec. 14. Every officer shall, upon going out of office, deliver to his successor all books, papers, furniture, and other things, appertaining to his office. Sec. 15. Every officer shall, at all times when required, sub- mit the books and papers of his office to the inspection of the mayor or comptroller, or any member of the council. Sec. 16. -The mayor, engineer, auditor, comptroller, treas- urer, superintendent of the waterworks, recorder, and marshal, shall keep their offices in the city hall, or in such other place as the council, by ordinance, may provide. Sec. 17. Neither the city register, city auditor, city marshal, the city engineer, city treasurer, comptroller, nor the president of the board of assessors, shall, while holding office under the city, hold any other office established by this city or by any other authority, except that of notary public, and offices in the militia of this State (when not in actual service), or act as deputy of any officer, or engage in any business or avocation which will interfere with his giving full and constant attention to the duties of his office. Sec. 18. No officer of this city, nor any deputy, clerk, or employee of any such officer, nor any servant or agent of this city, shall, directly or indirectly, himself, or by another, for his own or another’s benefit, deal in the purchase of city warrants, bonds, or other obligations of this city. Sec. 19. All officers who receive fees, in addition to a stated salary, as Avell as those Avho are entitled to receive fees or com- missions only for their services, shall, at the opening of each stated session of the council, report to that body, under oath, the whole amount of fees and commissions received by them, respectively, during the preceding six months. Sec. 20. Any officer of this city who shall refuse, or willfully Mayor to notify president of common council of intended ab- sence. Who to act as mayor in his ab- sence. Officers to de- liver books to successors Officers to sub- mit books for in- spection Certain offices, wliere to be kept. Certain officers to hold no other office, nor en- Kiige in other avocation. Officers not to purchase war- rants. Fees received to be reported to common council. Penalty for mis- conduct in office. 308 ELECTIONS AND OFFICERS. Official term of officers. ■ Reports to be published and recorded. Officers to give information to successor. Penaltj’^ for re- fusing. Certain officers may administer oaths. Office hours of certain officers. Ailvertisements for contracts to contain certain provisions. fail or neglect, to perform any duty enjoined upon him by law or ordinance, or shall, in the discharge of his official duties, be guilty of any fraud, extortion, oppression, favoritism, partiality, or willful wrong or injustice, shall forfeit and pay a sum not exceeding five hundred dollars, and may be removed from office. Sec. 21. All officers of this city, unless otherwise provided by law or ordinance, shall hold office for one year, and until their successors shall be duly elected or appointed, and qualified ; and their terms of office, where not otherwise directed, shall com- mence on the first Monday in June in each year. Sec. 22. All reports which officers are obliged to make to the council shall be published ; and all such reports and other official communications from city officers to the council shall be spread at large on the record of the board. Sec. 23. It shall be the duty of the old city officers to remain with their successors at least two Aveeks after they are qualified, and give them all information in their poAver relative to their respective offices, if so required ; and, if they refuse so to do, they shall be deemed guilty of a misdemeanor, and subject to a fine of not less than one hundred dollars. .Sec. 24. The mayor, register, auditor, comptroller, treasurer, clerk of the recorder’s court, city engineer, superintendent of the waterworks, harbor-master, lumber-measurers, Avood-master, mar- ket-masters, assessors, and collectors, are hereby autliorized and empowered to administer oaths and affirmations in all cases relating to the several duties of said offices, respectiAxly. Sec. 25. The comptroller, auditor, register, treasurer, register of waterworks, and president of the board of assessors, are directed to keep tlieir respective departments open daily (Sun- days excepted) for the transaction of business ; and the presence of themselves or their first assistant is required therein from nine o^clock A. M. until four p. M.: Provided^ /loivevcr, That nothing herein contained shall be so construed as to prevent the register ot* Avater-rates from closing his office to the public at three o’clock p. M. Sec. 26. Whenever any of the city officers advei’tise to let out any contracts to the loAv^est and best bidder, they shall insert in said advertisement the following: “No bid Avill he received unless the person or persons offering to take the said contract ELECTIONS AND OEFICEllS. 309 shall inclose in their proposal the obligation of himself and one responsible person, binding themselves to pay to the city of St. Louis the snm of two hundred dollars in case the said bidder or bidders shall refuse to take the contract at the price of their bid, in case the said contract shall be awarded to them.” Sec. 27. The officer or officers letting out the contract shall sufficiency oi ° ^ bonds, who to judge of the sufficiency of such bonds, and no bid shall be determine, regarded by him or them as valid if the bonds shall be deemed insufficient. Sec. 28. All bonds that may accompany bids under this ordi- nance shall be canceled and given up to the respective bidders, whenever the contract with any one of them shall be closed, and he shall have given bonds for the performance of said contract. ARTICLE III. Susjjension and Removal of Officers. Section 1. The mayor shall have power to suspend from office any elective officer who shall willfully violate any of his official obligations. Sec. 2. Such suspension shall be effected by an order filed by the mayor with the register, accompanied with a statement of the charges upon which the same is founded, a copy of which order and charges shall be immediately delivered to the officer suspended ; after which delivery such officer shall not exercise any of the duties of the office from which he shall have been suspended, under a penalty of not less than fifty dollars. Sec. 3. Immediately upon the suspension of an officer, the mayor shall appoint a person to fill the office for the time being. Sec. 4. The charges preferred, as aforesaid, the mayor shall Mayor may sus- pend officers. Suspension, bow effected. Penalty for act- ing after suspen- sion. Vacancy cre- ated by suspen- sion to be filled. Charges to be laid before coun- immediately lay before the council, if in session; if not, at its cii. first meeting ; and the council shall, without unnecessary delay, proceed to investigate such charges in the manner hereinafter provided. Sec. 5. Whenever every [any] officer shall have been suspended committee to as aforesaid, or shall be charged with willful violation of any of his charges, official obligations, or with culpable official negligence or derelic- tion of duty, or with conduct inconsistent with his official character and duty, or with official incompetency, the council shall appoint 310 ELECTIONS AND OFFICERS. When to report charges. Copy of charges to be served on accused. Council to hear evidence. Vote on the charges. Form of ques- tion. Two-thirds necessary to convict. Vacancy to be filled. Proceedings to be recorded. Subpoenas, how issued and served. Fees for serving subpoenas. a committee of two members to inquire into the truth of said charges; who, if they deem the same well founded, shall frame and report to the board charges and specifications against such officer ; and the council shall appoint a day for hearing and determining the same. Sec. 6. A copy of such charges and specifications, with a notice of the day set for hearing the same, shall be served on the accused at least five days before the day of hearing. Sec. 7. Upon the day so set the council shall meet and pro- ceed, according to the rules of the board, to hear the evidence against and for the accused ; adjourning from time to time, as may be necessary, until all the evidence shall have been given. Sec. 8. Within three days after the evidence shall have been taken, the council shall vote by ayes and noes upon each charge and specification, separately. The question upon each charge shall be: “Is the accused guilty?” If the council, by a two - thirds vote of the board, find the accused guilty of either of the charges, they may resolve that he be removed from office ; and, if [they] so resolve, they shall notify the mayor thereof, who shall thereupon order an election, or appoint a person to fill such a vacancy, as the case may require. Sec. 9. The proceedings of the council, as aforesaid, shall be entered at large on the journal of the board. Sec. 10. Subpoenas for witnesses to testify on any trial, as aforesaid, shall be issued by the president of the board of common council, and shall be served and returned by the city marshal, in like manner as if issued by the recorder, and the same fee shall be allowed him as for serving and returning subpamns issued by that officer. Penalty for dis- obeying sub- poena. Depositions to be read on trial, when. Notice for tak- ing depositions, how served. Accused to be heard. Sec. 11. Any witness who shall neglect to obey such subpoena, or, appearing, shall refuse to testify, may be punished by imprisonment or fine, or both. Sec. 12. Depositions of witnesses beyond the jurisdiction of the council, or disabled by sickness or other causes from attend- ance, may be read on the trial, if taken in conformity to tlie laws of this State. The notice of the taking thereof, wlien taken on behalf of tlie accused, shall be served on the city attorney, oi*, in his absence or disability to act, on the mayor. Sec. 18. Upon any trial had, as aforesaid, the accused shall ELECTIONS AND OFFICERS. nn be entitled to be heard by himself or counsel in his defense, and the city attorney shall attend the trial and prosecute on behalf of the city, unless he be accused, when the city counselor shall prosecute. Sec. 14. Witnesses upon such trial shall be entitled to the Witnesses enti- „ , , , , tied to fees. same tees as tor attendance on the recorder s court. Sec. 15. When the accused is found guilty and removed from costs of pro- office, he shall be adjudged by the council to pay all costs of paial"^' the trial, for which execution shall be issued by the president of the board. If acquitted, that officer shall certify the amount of the costs, and the names of the persons to wdiom they are due, to the auditor, who shall draw his warrant on the treasurer, in favor of each person, for the amount due him. Sec. 16. No officer shall receive any .salary during the time he officers to re- shall be absent from the city without leave, or during the time he when, shall be suspended by the mayor for a supposed misdemeanor in office, nor until the council shall decide the case. Sec. 17. Nothing in the preceding section shall apply to any Appointed offi- officer appointed by the mayor and approved by the board of mive™bymaym. common council ; but all officers appointed the mayor shall have power to remove. ARTICLE IV. Of the Deputies of Officers. Section 1. The cit}^ register, city comptroller, city treasurer, certain officers clerk of the recorder’s [police] court, and city engineer, may, with IiepuUes.”^'^^ the consent of the mayor, appoint one or more deputies, in addi- tion to the deputy comptroller and auditor’s clerk, allowed by ordi- nance, who shall be citizens of the United States' and citizens of Quaimcations. the State of Missouri, and not less than twenty-one years of age. Sec. 2. Deputations shall be in Avriting, and filed with the city Deputations to register; shall be revoked at the pleasure of the principal; and shall authorize the performance of ministerial acts only. Sec. 3. The principal shall be liable for the acts of his pi Inclpal liable deputies as if they were his own, and shall pay their salaries, urdess when otherwise provided by ordinance. ELECTIONS AND OFFICERS. m ARTICLE V. Official Bonds. Amount of SECTION 1. The official bonds of the following officers shall be bonds for differ- • rm r* i i ont officers. in the lollowing sums, to-wit: The fund commissioner, one hun- dred thousand dollars ; the comptroller, sixty thousand dollars ; the auditor, register, engineer, counselor, marshal, and harbor- master, ten thousand dollars each ; the treasurer, sixty thousand dollars ; the collectors of the fifth and sixth wards, fifty thousand dollars each ; all others, twenty-five thousand dollars each, with at least four sufficient securities ; superintendent of waterworks, fifteen thousand dollars ; the register of water-rates, ten thousand dollars ;* land commissioner, ten thousand dollars ; president of the board of assessors, three thousand dollars ; assistant assessors, two thousand dollars each ; superintendent of workhouse, five thousand dollars ; street inspectors, two thousand dollars ; resident physician at city hospital, one thousand dollars ; steward and matron of city hospital, one thousand dollars each ; steward of quarantine, one thousand dollars ; wood-master, two thousand dollars ; chief engineer of the fire department, ten thousand dollars ; chief operator fire-alarm telegraph, five thousand dollars ; 'clerk of policef court, one thousand dollars ; the market-masters of the City, the Center, and North markets, five thousand dollars each ; the lumber-measurers, three thousand dollars ; the city attorney, two thousand dollars ; the weighers of hay and stone coal at the city scales, one thousand dollars each. ARTICLE VI. Salaries and Compensation. Salaries of dif- SECTION 1. Tlic scveral officci’s and employees hereinafter rcrent officers, sliall rcccivc the following compensation per annum for Mayor and tlioir sorvicos, to-wit : Mayor, four thousand dollars ; mayor’s secretary, fifteen hundred dollars ;J comptroller, two thousand * The words “collectoi-s of water-rates,” in the original ordinance, are repealed by ordinance No. 5 488. fTlie word “recorder’s,” in the original ordinance, is changed to ‘ ‘ police ’ ’ by ordinance No. 5,488. JThe words “one thousand,” in the original ordinance, are changed to ‘ ‘ tifteen hundred ’ ’ by ordinance No. 5,484. ELECTIONS AND OFFICERS. 313 and five Imiulrcd dollars ; deputy comptroller, sixteen hundred dollars; comptroller’s clerk, twelve hundred dollars; register, two thousand dollars ; deputy city register, twelve hundred dol- lars ; auditor, two thousand and five hundred dollars ; auditor’s clerk, one thousand and five hundred dollars ; treasurer, two thousand dollars ; clerk of city treasurer, nine hundred dollars ; clerk of the hoard of common council, two thousand dollars, until the fiscal year commencing on the second Monday in April, 1865, after which, fifteen hundred dollars ; superintendent of waterworks, two thousand and five hundred dollars, payable out of waterworks fund; register of water-rates, two thousand and five hundred dollars, payable out of waterworks fund; city engineer, three thousand dollars ; two assistant engineers, each eighteen hundred dollars ; book-keeper to city engineer, eleven hundred dollars ; draughtsman, twelve hundred dollars ; three superintendents of streets, each one thousand dollars ; five street inspectors, each nine hundred dollars ; harbor-master, two thou- sand dollars ; three deputy harbor-masters, each nine hundred dollars ; city attorney, two thousand and five hundred dollars ; recorder, two thousand and five hundred dollai-s ; clerk of police* court, thirteen hundred and twenty dollars ; city marshal, fifteen hundred dollars ; three deputy marshals, each nine hundred and fifty dollars ; chief engineer of the fire department, two thousand dollars ; two assistant engineers fire department, one of Avhom shall, in addition to his other duties, act as secretary of the board of fire engineers, each fourteen hundred dollars ; engineers of fire engines, each eleven hundred dollars ; stewards, drivers, and firemen of engines, each eight hundred and forty dollars ; sergeant- at- arms, nine hundred dollars ; messenger boy, three hundred dollars ; health officer, eighteen hundred dollars ; clerk of board of health, one thousand dollars, payable monthly, out of appropriation for health department; resident physician at hospital, fifteenf hundred dollars ; superintendent of workhouse, twelve hundred dollars ; city counselor, eighteen hundred dollars ; land commissioner, fifteen hundred dollars; fund commissioner, five Comptroller and clerks. Register and deputy. Auditor and clerk. Treasurer and clerk. Clerk of council Waterworks. Register of wa- ter rates. City engineer and officers. Street inspect- ors. Harbor master and deputies. City attorney. Recorder and clerk. City marshal and deputies. Officers of Are department. Sergeant-at- arms and mes- senger. Health oftlcers. Physicians. Superintendent workhouse. Counselor. Land commis- sioner. *Tliewoi‘(l “recorder’s,” hi tlie original ordinance, is clianoed to “police” by ordinance No. 5,488. fTlie word “twelve,” in tlie original ordinance, is changed to “fifteen” by ordinance No. 5,484. 314 ELECTIONS AND OFFICERS. fionerTiSeL liundrcd dollaTs; inspector o£ vehicles, eight hundred dollars; presi- assessors. dent of board of assessors, two thousand and five hundred dollars ; five assessors, each nine hundred dollars ; first clerk to assessor, twelve hundred dollars ; second clerk to assessor, one thousand dol- weighers. lars ; third clerk to assessor, nine hundred dollars ; weighers of north and south levee coal scales, each nine hundred* dollars ; mar- Market-masters. Pet_niasters of the City, Center, and North markets, each eight Wood-master, hundred dollars ; wood-master, one thousand and twenty dollars ; aiTrmTeiegrapL tnanager of fire-alarm telegraph, fourteen hundred dollars ; three assistant operators, each eleven hundred dollars ; the members Board of health, of the board of health shall each receive two dollars for each meeting, when present, and no excuse for absence shall entitle a member to receive the per diem, or any allowance, when so a meeting of the board ; quarantine physician, twelve Engineer of hos- hundredf dollai's ; engineer of city hospital, six hundred dollars, payable monthly, out of appropriation for health department ; one h^se^^ foreman at workhouse, five hundred and forty dollars ; one gate- keeper at workhouse, who shall keep the books, nine hundred dollars ; four overseers, each seven hundred dollars ; seven guards ^^fuee? workhouse, each seven hundred dollars. The members of the committee on waterworks, committee on streets and alleys, the board of fire engineers, committee on sewers, and committee on workhouse, shall each receive a compensation of two dollars, and the committee on house of refuge of two dollars and fifty cents, for each meeting at which he is present ; and no excuse for absence shall entitle a member to receive any compensation. The compensation of the members of the common council shall be two hundred and fifty dollars for each regular session, from which the sum of five dollars shall be deducted for each day on which any member shall be absent, without leave of the president or board, from any meeting during a regular session. The clerk of the common council shall certify to the auditor, at the close of each session, the number of days, if any, at which each member was absent. For each called session the members shall be entitled to a compensation of three dollars for each day at which they *The words “ seven luindred and twenty,” in the ori^i^inal ordinance, are changed to “ nine hundred ” l)v ordinance No. 5,484. f Tlie words “ one thousand,” in tlie original ordinance, are elnui^ed to “twelve hundred” by ordinance No. 5,484. ENGINEER DEPARTMENT. PG5 were present, to be certified to the auditor by the clerk. Tbe translator shall receive a coni])ensation ot! twenty-five cents for Transiaiur. each s(piare of sixteen lines, nonpareil type, translated by him. Sec. 2. The salaries specified in the first section of this article salaries to be t compensation in shall be in full compensation for the services of each officer and paidhn'trtlea^ einjiloyee therein named ; and all fees or commissions, of what- soever character, paid to or authorized to be collected by them, or either of them, or by any other officer or employee of the city, shall be paid into the city treasury on the Saturday of each week. Sec. 3. The word officer,” whenever used in the ordinances Term “omcer” construed. of the city, shall be construed as meaning all persons elected by the people of the city (except members of the council), and all persons appointed by the mayor, subject to the approval of the council, who shall have been commissioned and qualified under any ordinance of the city. Approved, September 9, 1864. (No. 5399.) ENGINEER DEPARTMENT. AN OEDINANCE ESTABLISHING AND EEGULATING THE ENGINEER DEPARTMENT. Alleys, eu^inocr to carry out ordliiancc.s conceriihi^', I, § 3 Low improved .Ill, 1, 35 improvement of, Low jtaid, III, 1 engineer to keep in i-(*pair...TII, 3 repairs of. liow itaid Ill, 3, 35 to be paved after building to be i'(?paired after laving g^rs-pipe ......III N 17 to be n'paired after laying water-pipe ....:. .11 i, iG proceedings to etleet j^rading, etc., of. Ill, 35 Assessuj's, duty of concerning yost of district sewers V, 14 Assistant e.7i(fine.erH , Low api)oint- ed, etc,: I, 1; 11, 5, (5; V, 0 Attorneys , duty of to ap- prove contracts 1, 12 Auditor, copies of contracts to be furnisLed to I, g 12 accounts to be; eertilied to 1 , 15 ; 11 , 5 special tax bills to be deliv- ered to Ill, 4 to report eonc.erning distriet sewcMs V, 14 Awning -posts, dii'cetions (a)n- eefning Til, 27, 30 l)enalty for ere(;ting eontraiy to ordinance.. Ill, 30. 32 penalty for fastening animals to IV, 1 penalty lor injuring IV, 0 Beasts of burden, otf(MiS(‘s eou- eeiuing IV, 1 Bids for public work, i)rovisions coneeruing I, 0, 8 Blocks, engineer to number I, 3 m ENGINEER DEPARTMENT. Bonds ^ siiperiiitencleiits of streets to tyive 11, ^ 7 to accoiiipjuiy bids for public work I, 7 to l)e ^iveii on coiitractinof for work I, 9 to be j^iven on making sewer conneetions ...V, 9, 15 Books in engineer’s office, open to inspection I, 16 Bow-windows projecting over sidewalk IV, 7 Brackets, penalty for injuring, IV, 14 Broken rocks, regulations for macadamizing with Ill, 25 Building materials, what space to occupy IV, 7 Carriage-way, cost of repaving, bow paid Ill, 3 Cellar -doors, regulations con- cerning Ill, 6, 7 penalty for leaving open IV, 6 Chief engineer of fire dejwrtment , to assign space for building materials IV, 7 Clerks to city engineer, appoint- ment of, etc II, 1, 6 Common council, contracts to be approved by I, 12 engineer to report to I, 3 sewer committee to report to..V, 3 Co7itractors , to give security on contracting for work I, 9 accounts of, to be certified by engineer I, 15 Contracts, regulations concern- ing I, 9, 14 for sewers, engineer to pre- pare V, 4 sewer committee to super- vise V, 3 for removal offal from sewers V , 16 who to approve form of. I, 12 Counselor ( city ) , to approve form of contracts I, 12 Crossing, obstructing with ve- hicle IV, 11 Curbing, cost of, how paid Ill, 3 wheii to be set Ill, 2 regulations concerning Ill, 14 D ang er ous places, to be in- closed IV, 15 engineer to notify owners to inclose IV, 16 engineer to cause to be filled u)) IV. 17 Depressions below grade, to be inclosed IV, 15 engineer to notify owners to inclose IV, 16 engineer to cause to be filled up, etc IV, 17 District sewers, regulations con- cerning V, 10, 15 District sewet's, sewer commit- tee to report bills for V, ^ 11 cost of, how paid V, 13, 14 connections with, how made V, 15 Draining of city, sewer commit- tee to have charge of. V, 3 Draughtsman to city engineer, employment of, etc II, 6 Employees in engineer depart- ment, regulations pend- ing? n, 1, 6 Engineer (city) , qualifications of. I, 1 oath to be taken by I, 2 general duties of. I, 3, 4, 5 to approve surety for con- tracts I, 9 to keel) alleys, streets, etc., in repair Ill, 3 to certify accounts of con- tractors I, 15 duties of, in sewer committee V, 4 to cause sidewalks to be paved, when Ill, 2 to appoint superintendent of lamps VI, 2 to contract for making sewer connections, etc VII, 1 to contract for removing offal from sewers V, 16 to notify owners to inclose dangerous places IV, 16 to cause dangerous jilaces to be filled up IV, 17 to assess cost of, to property owners IV, 19 Engineer department, how com- posed I, 1 Excavations, making without proper protection... IV, 2, 3, 12 in streets, without permission of engineer VII, 3 to be inclosed IV, 15 cost of inclosing, how paid IV, 18, 19, 20 Field ha?ids, howemploju'd, etc..II, 6 Fines ^ informer to receive share of IV, 10, 13 Fire-plugs, fastening animals to I V, 1 offense of injuring IV, 9 Fixtures, in street, etc., rc'gula- tions concerning. ..Ill, 5; IV, 7 Footways, regulations for con- stniction of III. 12, 13 O alleries, extending on sidt‘- walk Ill, 5 offense of injuriug..IV , 14 Gas-pipes, making connections with, regulations VII, 2 Grade of streets, engineer to give. I, 4 Grades, how far to exhmd into sidewalk Ill, 7 Guttering, cost of, how paid...III, 3 ENGINEER DEPARTMENT. ‘Ml Hand-carts, trinidlin^ on side- wulks.. Ill, ^ 10 Harbor, duty of engineer coii- c(3rning I, 3 Highioavs, olfeiises coueerii- incr IV, 7, 12 Holes below g-nide, to be in- closed... IV, 15 eno'ineer to cause to be in- closed, etc... IV, 10, 17, 18, 19 Horses, driving or leading over sidewalk IV, 1 Hydrants, fastening aninnds to, offense of. IV, 1 injuring, offense of. IV, 9 Inf oi'mer , to receive share of cer- tain ffne IV. 13, 15 Inspector of buildings and fires, (see chief engineer tire de- partment) duty of to report violations of ordinance. ..Ill, 31 Lamp-posts, offenses concern- ing IV, 1, 9, 14 Landmarks, displacing, offense of IV, 12 Lines of streets, duty of engineer to give I, 4 Maps, engineer to preserve I, 3 to be open for examination...!, 10 of district sewers, how made.,V, 5 Mayor, bids to be opened in jiresence of I, G, 8 to apiirove sureties for con- tracts I. 9 violation of contracts to be reported to I, 13 to apjirove appointment of employees II, 1 employees dismissed with con- sent of. 11, 2 to approve appointment of superintendents of streets..!!, 7 to approve bond of suiierin- tendents II, 7 may sign petition for wooden pavement Ill, 18 may oi-der wooden jiavement on c(‘rtain streets Ill, 19 to give written authority in certain cases I..1II, 24 may cause alleys to be graded and paved, when Ill, 35 Mechanics, engineer may em- ploy 11, 5 Notice of public work, what to contain I, 5 Oath of office oi engineer I, 2 of suiierintendents of streets..! 1, 8 Obstructing highways, thorough- fares,' etc IV, 7, 11, 12 Obstructions in harbor, engineer to remove I, 3 engineer to remove from streets, etc I, 3 Opening in sid(iwalks not per- mitted Ill, ^ 7 Ordinances concerning streets, etc., engine(*rto carry out. ..I, 3 conc(‘rning sewers, sewer com- mittee to report on V, 3 Paving stories, regulations con- cerning Ill, 20 Penalties for certain offenses 111, 11, 30, 32, 33; IV, 8 12, 13, 14; V, 9, 15 Permits to connect with sewers, regulations concerning V, 3, 4, 9, 15 Petitions for grading, etc., alleys, to be preserved Ill, 35 in relation to sewers, sewer committee to report on V, 3 Pipes, condncrfting water from eaves, construction of. IV, 5 Plans, engineer to preserve I, 3 for public works, engineer to make I, 3 for sewers, sewer committee to supervise V, 3 for sewers, engineer to pre- pare V, 4 for sewers, how kept V, 5 Platforms, how far to extend into street Ill, 5 Plats, subject to examination...!, 10 Police, to report certain viola- tions Ill, 31 to see certain sections carried out IV, 11 Porches, how far to extend into strcH't Ill, 5 Public highways, provisions eon- cerning Ill how improved Ill, 1 engiiKicr to keep in repair... 1 1 1, 3 Public places, engineer to caiay out ordinaiua'S (concerning...!, 3 engineer to superintend open- ing and imi)rovement of. I, 3 obstructing or encumb(rlng IV, 7, 12 Public senders, provisions con- cerning V, 8 (conmulion with, how made..V, 9 connecting with, without j)er- mit V, 9 Public works, how let I, 5 Railing, fastening animal to IV, 1 injuring ..IV, , 9 Record, engiiu'er to keej) I . , 3 Register, bonds to be tiled with ..V, ^ 15 Repairs of streets, who to su})ei‘- intend ...II. , 0 Report (engiiK'Ci-’s) to common comull, what to contain.. I. . 3 Salary of superintendents of streets 11, 8 ENGINEER DEPARTMENT. :I18 Salary of siiperinteiKleiits over street lumps VI, § 2 Sawing wood on sidewalk IV, 10 Selling 'projperty o\\ sidewalk IV, 7 Sewer committee^ jiro visions con- cerning- ,.V, 1, 4 engineer’s duties in V, 4 Sewer contracts provisions con- cerning- V, 3, 4, 7 Sewer department established, wliat to embrace V, 1 Sewer districts^ provisions con- cerning V, 10, 11 Sewer fand^ engineer to keep account of. V, 5 sewer committee to control. ..V, 3 Sewers, provisions concerning... V making connections with V, 15; VII, 2 removing oftal from. V, 16, 17, 18 Shade-trees, how planted^ HI, 9 fastening animals to IV, 1 injuring IV, 9 Sidewalks , who to examine II, 10 when engineer to notify par- ties to pave Ill, 2 when engineer to cause to be paved... Ill, 2 paving, how paid Ill, 3 signs "projecting over IV, 7 how-window projecting over ]V, 7 obstructing IV, 7 selling merchandise on IV, 7 throwing coal etc. , on IV, 10 sawing wood on IV, 10 to be kept clean. IV ^ 13 Sian or sign-box, setting up im- properly IV, 7 not to project over sidewalk..IV, 7 injuring IV, 9 Snow, to he removed from side- walks IV, 13 Special taxes, how assessed and collected Ill, 4; V, 13 Stakes, displacing IV, 12 Steps, how far to extend into streets Ill, 5 Stones, displacing IV, 12 Street inspectors, to report cer- tain violations..!!!, 8, 31; IV, 13 to receive certain fees IV, 13 Street lamps, regulations con- cerning- VI engineer to contract for light- ing VI, 1 engineer to ai)point superin- tendent over VI, 2 co.st of lighting, how paid... VI, 3 to have name of streets painted on VI, 4 Streets, engineer to carry out ordinances concerning I, 3 Streets, engineer to superintend opening, improvement and repairs of I, g 3 engineer to give grades and lines of. I, 4 who to superintend repairing of. II, 9 how improved Ill, 1 improvement of, how paid III, 1, 23 to he paved after building sewers Ill, 15 to he repaired alter laying water-pipe .‘. .111 , 16 to he repaired after laying gas- pipe Ill, 17 may he repaved with wooden pavement Ill, 19, 18 certain, to be repaved with stone on edge Ill, 22 written authority of mayor necessary to pave, when..III, 24 how much of, may be occu- pied for building purposes IV, 7 obstructing passage of..... ....IV, 11 Superintendents of streets, re. o-ula- tions eoncerning ll, 7, 11 how employed n, , 7 qualifications of. 11, 7 to give bond II. 7 oath to be taken by II, , 7 salary of. II, . 8 duties of II, 9, 10 how discharged II, 11 Superintendents of sewers, how appointed V, 6 salaries of, how paid V, 6 how dismissed V, 6 Superintendent of waterworks , to approve securities for con- tracts, when I, 9 copies of contracts to be fur- nished to I, 12 Surveys, engineer to preserve I, 3 Telegraph, injuring IV. 14 Thoroughfare, obstructing IV, 7 hoisting articles over... IV, 8 Va\xlts, under sidewalk Ill, 34 digging, without eovering...IV, 4 grating of, leaving open, etc IV, 6 Vehicles-, obstructing passage of streets,, etc IV, 11 Water-pipes , making connections with. VII, 2 Wheelbarrow not to be used on sidewalk Ill, 10 Window not to extend on side- walk Ill, 7 Wooden pavement, what streets paved with Ilf, 19 cost of, how i)aid Ill, 20, 21 penalty for building lire on VII, 4 ENGINEER DEPARTMENT. 319 Be it ordained hy the Comtnon Council of the City of St. Louis . ARTICLE I. City Engineer. Section 1. A department of the city government is hereby established, to be styled the “Engineer Department,” which shall embrace the city engineer, his deputies and assistants. The city engineer shall be well skilled in the sciences of civil engin- ?£'Sginee\\°^ eering and building, and the practical application thereof. Sec. 2. He shall take the oath of office required of other city officers, with this addition: that he is not, and will not, during his keil^by^^ continuance in office, be directly or indirectly concerned or inter- ested in any contract made with this city for any public work. Sec. 3. It shall be the duty of the city engineer, in addition to duties enjoined on him by the city charter: Firstly^ to see to the neeV.^^ protection and improvement of the harbor of the city and the removal of obstructions therefrom ; secondly^ to cause to be carried into effect all ordinances of the city concerning streets, alleys, and other public places ; superintending and controlling the opening, improvement, and repairing thereof, preventing all obstructions thereto, and removing the same therefrom ; thirdly., to preserve in his office all maps, plans, surveys of the city, harbor, and common, with all records, books, papers, and other things relating thereto ; fourthly, to keep full and accurate accounts of all receipts and dis])ursements made under his super- vision, and a systematic record of all transactions relative to this department; fifthly, to report to the council, on the first day of each stated session thereof, a general abstract of all the opera- tions of this department during the previous portion of the fiscal year, the amount of work executed and remaining to be executed, the disbursements, the amount remaining to be disbursed, and such other information as he shall deem of interest to the city, or the council may require ; sixthly, to number all blocks within the city ; seventhly, to make all plans and estimates for all works constructed by or under authority of the city ; eighlhly, to do all other lawful acts relating to matters placed particularly under his charge, and which may be necessary for the efficient working of this department. Sec. 4. The engineer shall give the grade and lines of street to give lines and 1 n 1 11 1.1/. grade of streets. and alleys that are unimproved to all persons applying therefor , 320 ENGINEER DEPARTMENT. Proceedings be- bidder, fore letting. who shall make a written description of the property, and shall state that it is their intention to set their curbstones and lay pavements immediately thereon ; and the city engineer shall give such grades to such persons free of cost ; but no such grade shall be given where the grade is not established by ordinance. The engineer shall also furnish the necessary information for ascer- taining the grades of streets and alleys where persons desire to build, and where the grades are established by ordinance. Do let contracts. Sec. 5 . All public works Ordered by the city, unless otherwise directed, shall be let by the city engineer to the lowest and best Notice of the letting out of any such work shall be published, not less than three times, in the newspapers employed by the city, and copies thereof posted up, in handbill form, in at least twenty public places, more or less, according to the discre- tion of the city engineer, in each ward, at least ten days before the day appointed for the opening of the bids. Said notice shall state the nature of the work, the place where the specifications may be seen, and the time when the bids will be received : Provided^ however^ That nothing herein contained shall be construed as repealing any of the provisions of the ordinance regulating the letting of contracts.* Sec. 6 . Bids for such work shall be signed by the bidder, inclosed in a sealed envelope, and not opened until the day fixed in the notice, and then only in the presence of the mayor and city engineer. Sec. 7 . Each bid shall be accompanied with a statement, signed by the persons offered by the bidder as securities, declaring their willingness to become such securities in the event of this contract being awarded to the bidder ; and shall also be accompanied with a bond to the city of St. Louis, in the sum of two hundred dollars, signed by the bidder and a responsible security, conditioned that the bidder, if his bid be accepted, shall enter into a written con- tract to do the work bid for according to the terms of his bid, at such time as the city engineer or officer having charge of the work may require. All bidders must designate their residences on the bids made. Sec. 8. Bids shall be opened by the city engineer on the day notified, at the hour of twelve o’clock, noon, in the presence of How bids shall be opened. What bidders shall state. When bids shall be opened. *The proviso of this section was cliaii^ed to its present form by ordinance No. 5,487, approved January 24, 18(55. ENGmEEll DEPARTMENT. ?,21 tlic mayor, and the lowest and best bid shall be accepted if the securities offered be approved. Sec. 9. The performance of all contracts let out as aforesaid security for per- ^ .... forinance of shall be secured by at least two responsible securities, to be contract, approved by the mayor, in double the contract price of the work ; except in cases where the estimated cost exceeds one thousand dol- lars, in which case the amount of security shall be determined by the mayor and city engineer, or by the mayor and superintendent of the waterworks, when the contract relates to the waterworks. Sec. 10. If the person whose bid is accepted fail to enter into Proceedings t . . when bidder contract as aforesaid, the city engineer may award the contract jaiis^ to con- to the next lowest bidder, or advertise for new proposals, as in his judgment may be best for the interests of the city. Sec. 11. Any bidder failing to enter into contract as herein- Penalty on bid- ^ ^ ^ der’s failing to before required, or to fulfill any contract entered into by him contract, with the city, shall not be allowed to bid again, directly or indi- rectly, for any city work, unless, for good cause shown, the com- mon* council removes this disability. Sec. 12. All contracts, after being drawn up, shall be submit- how contracts ted to the city counselor, or, in his absence or disability to act, proved, to the city attorney, for the approval of the form thereof ; after receiving which they shall be submitted to the common* council for its approval, which, when given, shall be endorsed thereon ; after which they shall be recorded in the city engineer’s office, and copies thereof shall be furnished to the city auditor, and to the superintendent of Avaterworks, if they relate to the waterworks. Sec. 13. The city engineer shall report to the mayor or com- Powers of engi- mon* council all violations of any contract, and may suspend the tioi. of terms of execution thereof Avhen the contractors fail to comply with the terms thereof, or with the directions of the city engineer in rela- tion to or consistent therewith. Sec. 14. Every contract entered into by the city engineer, as clause to be m- . . . , , . , serted into each atoresaid, shall contain a clause stating that the same is entered contract, into subject to existing ordinances of the city, and to the power of the city engineer to suspend or annul the same for a failure on * The word “city,” in sections 11, 12 and 13, as contained in the orignal ordinance, are changed to “common” by ordinance No. 5487, approved January 24, 18G5. 21 ENGINEER DEPARTMENT. the part of the contractors to fulfill the same ; hut that such suspension or annulment shall not affect the rights of the city to all damages and penalties claimable by it on account of the con- tractor’s failure. Work of con tractors to be Sec. 15. The city engineer shall examine all accounts of con- cortifiedby en- ti’actoi’S for work donc under his supervision, and, if correct and chargeable to the city, he shall certify the same to the auditor for payment ; but no account shall be certified where the con- what accounts ti'actor lias failed to comply with the terms of his contract ; nor shall any account be certified in advance of the performance of the work ; and all final estimates shall contain a full description of work done, as far as practicable, in such manner as best to assist the auditor of accounts in judging of their correctness. Papers, etc., in Sec. 16. The maps, plats, books, and papers, in the ofiSce of engineer’s office , . , i n i i i u!fn department, shall be subject to examination by any person seeking information therefrom, under such regulation as the proper officer may prescribe. ARTICLE II. Emj)loyees. How paid. may be^pJISnt- SECTION 1. The city engineer shall, with the approbation of the mayor, employ suitable and competent persons to act as assistant engineers, clerks, draughtsmen, superintendents, and field hands, who shall receive, as compensation for their services, such sum as may be agreed on by the mayor and city engineer, payable, on the certificates of the engineer, out of appropriations for engineer’s department. Employees to be Sec. 2. The Said employees shall be under the direction of the direction engineer, and shall perform such duties as the city engineer shall direct ; and he may, whenever in his opinion the interests of the city will be subserved thereby, dismiss, with the consent of How dismissed, the mayor, any of the said employees, and employ others in their stead. Employees to do Sec. 3. No employee of this department shall, during business no private work y ^ y ^ ^ o ^ hours^ hours, perform any work of a professional character for his own emolument ; and any employee so oftending shall be immediately dismissed, and shall forfeit all claims to the unpaid portion of ENGINEER DEPARTMENT. 32 B his salary, and sliall not bo ro-cniployed unless by permission of the council. Sec. 4 . The employees of this department shall return to and Employees to . . . 11 1 1 return certain deposit 111 the engineer s ouice all held notes, measurements, documents, books, and other documents, pertaining to the business of this department, and which shall remain on record as the property of the city. Sec. 5 . The city engineer, with the approbation of the mayor, Engineer may shall employ, temporarily, such mechanics, laborers, and other chanics, etc. persons, as the public service may require, and he shall certify their accounts to the auditor, specifying to what fund each amount is how paid, properly chargeable. Sec. 6. The city engineer shall report to the council, at the to report . f. 1 names, etc., of commencement of each stated session thereof, the names, occu- employees, pations, and salaries, of all the permanent employees of this department. Sec. 7 . The city engineer shall divide the city into convenient to appoint su- districts, for each of which he shall employ, with the approval streets of the mayor, a competent person to act as superintendent of streets. They shall be citizens of the United States, and, before Qualifications entering upon the discharge of their duties, shall each give a ents. bond to the city, with one or more securities, to be approved wiiat bond to by the mayor, in the sum of two thousand dollars, conditioned for the faithful performance of the duties required of them, and take an oath faithfully to demean themselves while in the wuat oath to employ of the city. . Sec. 8 . The said superintendents of streets shall each receive, salary of super- for their services, one thousand dollars per annum, payable monthly, out of appropriations for repairs of streets, on the now paid, certificate of the city engineer. Sec. 9. The said superintendents of streets shall, in all matters. Duties of super- act under the directions of the city engineer, and personally superintend the making of repairs on streets and other highways ordered by him, and also the workmen necessary therefor ; to oversee and inspect all works on streets done by contract ; keep correct accounts of the time of the men and the work, when not done by contract, and generally perform such other duties as he shall require of them, within their respective districts, and make 324 ENGINEER DEPARTMENT. Further duties of superintend- ents, May be dis- charged. Cost of improv- ing streets. To whom charge- able. To be special tax upon pro- perty. Curbstones to be set and side- walks paved, when. Cost of repair- ing streets. report thereof to the city engineer at such times as he shall require. Sec. 10. The said superintendents shall examine the state of all streets and sidewalks within their districts, from time to time, and report to the city engineer such as need repairing ; and generally follow such directions and observe such regulations as he shall establish touching the performance of the duties required of them respectively. Sec. 11. The city engineer may discharge from the service of the city either or all of said superintendents, whenever, in his opinion, the interests of the city require it, and employ others instead. ARTICLE III. Public Highways. Section 1. Whenever the common council shall, by ordinance, direct the improvement of any street, alley, or other public high- way, the city engineer shall immediately contract for the work, to be done in the usual manner, which shall be paid for as follows : The cost of grading and paving all alleys within the city, and the cost of grading, curbing, and paving all sidewalks within the old and new limits thereof, and the cost of macadam- izing and paving carriage-way and gutters, and the curbing and paving of sidewalks, within the extended new limits of the city, shall be charged as a special tax against the property fronting upon or adjoining the work done, as hereinafter provided, and the cost of the balance of the work shall be paid for by the city. Sec. 2. Whenever the council, by ordinance, shall have directed the grading and macadamizing of the central portions of any public highway, the city engineer shall, by publication five times in the papers doing the city printing, notify the owners of property fronting upon such public highway to set the curb stone and pave the sidewalks within thirty days, in the manner wliich he shall direct ; and in case they fail to do so, then the city engineer shall cause the same to be done, and charged as a special tax against them, at their cost. Sec. 3. It shall be the duty of the city engineer to keo]) in good repair all alleys and other public highways within the city. ENGINEER DEPARTMENT. 325 Tlie cost of repairing and reconstructing all alleys, curbing and paving of sidcuvalks, and gutters alongside thereof, and the repaving of the carriage-Avays of all public higlnvays, shall be charged as a special tax against the owners or occupants of the now chargeable property fronting thereon, as hereinafter provided for; the cost of repairing the macadamized portion of the carriage-ways of public highways, and the paved carriage-ways of the wharf, shall be borne by the city. Sec. 4. All special taxes assessed for Avork done on streets, Manner of coi- J- ' lecting special alleA'S, public highways, and other ways, except for work done under contracts entered into prior to February fifteenth, eighteen hundred and sixty-four, and for Avork done in the construction of district sewers, shall be assessed and collected as folloAvs, viz: Whenever any piece of Avork shall have been fully completed under authority of ordinance, the city engineer, or other officer having charge of the work, shall assess the cost thereof as a special tax against the property by laAv made chargeable there- Avith, in proportion to the per centage thereof, in such manner as said officer shall deem just and eipiitable ; and the bills of such assessment shall be made out, against each lot of ground made chai-geable thereAvith, in the name of the OAvner thereof ; and the bills, Avhen so made out, shall be certified bj^said officer, and shall be delivered to the auditor of the city of St. Louis, to be collected in the same manner and under the same regulations as other city taxes are collected. When the special tax bills for each price [piece] of Avork shall have been collected, and the money paid into the city treasury, the auditor shall draAV his Avarrant upon the treasurer, in favor of the contractor of the Avork, for the amount that may be due him for the Avork, together Avith the interest and penalties, as collected and paid into the treasury, less the cost of collection on account of the bills for such Avork. If said special tax bills shall not be collected and paid into the treasury within fifteen months from the time they shall be delivered to the city auditor, then the city auditor shall draAv his warrant upon the treasurer, in favor of the contractor of the Avork, for the amount that may be due him, Avith interest, and shall take the receipt of such contractor therefor, assigning his claim for such work to the city of St. Louis. Sec. 5. No porch, gallery, platform, steps, or other fixture, 326 ENGINEER DEPARTMENT. Buildings not to extend into side- walk more than certain dis- tance. Cellar-doors, how to be con- structed. Grates, etc , how far to ex- tend into side- walk. Street inspect- ors to report cer- tain violations. Engineer to cause altera- tions to be made. Cost of such work, how col- lected. How shade-trees may be planted. No wheel -bar- row to be trun- dled on side- walk. Penalty for cer- tain offenses. shall be allowed to extend into or on any part of the sidewalks of this city more than two feet six inches, where the sidewalk is of ten feet in width, or less ; nor more than three feet where the sidewalk is of more than ten feet in width ; nor shall any fixture extending more than said distance upon any sidewalk of the width aforesaid, or any building or fence standing on any street, alley, or other highway, be repaired. Sec. 6. Cellar- doors shall be made under the direction of the city engineer, and no larger than the business of the occupant of the premises requires ; nor shall any cellar- door extend more than one and a half inches above the frame, including the hinge. Sec. 7. No cellar, grate, or window curbing, shall extend into or upon any sidewalk or street more than eighteen inches ; and no uncovered openings shall be permitted in the sidewalks. Sec. 8. It shall be the duty of the street inspectors to report any violation of the provisions of sections five, six, and seven, of this article, in their respective districts, to the city engineer, who shall, upon the receipt of such report, notify the owner or occu- pant of the property, in-front of which the sidewalk needs altera- tion, to have the same done within thirty days from the time said notice is given ; and, in case said owner or occupant shall fail to do said work in the time specified, the city engineer shall proceed to have the same done at the cost of the said owner or occupant, to be assessed and collected as hereinbefore provided for other special taxes. Sec. 9. Shade-trees may be planted near the curbstones of the sidewalks, under the supervision of the city engineer: Provided^ same shall not be planted over eighteen inches inside of the curbstone. Sec. 10. No person, otherwise than in passing in or out of their premises, shall trundle any wheel or hand bari'ow, or hand cart, upon any paved sidewalk, except on Front street. Sec. 11. Whoever shall violate any of the provisions of the preceding six* sections of this article shall be deemed guilty of a misdemeanor, and subject to a fine of not less tlian ten nor more than one hundred dollars. Sec. 12. Any person or persons shall be, and the}- are herel)y, * The word “live,” in tlie original ordinance, is altered to “six” by ordinance No. 5487. approved January 24, 18G5. ENGINEER DEPARTMENT. ?>27 authorized, under the supervision of* the city engineer, and at Footways may ^ be constructed their own proper cost and expense, to inake permanent and substantial footAvays across any of the public thoroughfares of the city, at any point or crossing that they may deem it to their interest or convenience to do : Provided^ in the opinion of the engineer, such improvement shall not be of inconvenience to the public or public carriage-way. Sec. 13. If it is proposed to make a footway across anv^^nn^rof ^ ^ constructing macadamized street, it shall not be less than three feet wide, to footways, be done Avith stone on edge, the stone not to be less than ten inches deep, nor less than six inches every Avay across the face ; and the engineer, at the time of advertising for proposals to macadamize engineer any street, shall, at the same time, advertise for proposals for such fJou^avs* footw-ays. Sec. 14. All curbstones, or curbing set upon any street, avenue, how curbstones or other higlnvay, except on First street or the Avliarf, shall not be less than four inches in thickness on the front edge or top, and shall be set in the ground at least twelve inches beloAv the surface of the pavement. The curbstones or curbing set on the Avharf shall not be less than six inches thick on the top, and shall be set in the ground not less than eighteen inches beloAv the surface of the pavement. Sec. 15. All streets and alleys on which scAvers are built, streets to be except the main seAvers built at the general expense of the city, after building shall, immediately after the completion of the seAvers, be paved with stone on edge, if deemed necessary by the city engineer; and said pavement shall lie considered as constituting a necessary part chai-ea*^'^ of the seAver work, and its cost charged accordingly. Sec. 16.* The city engineer is retiuired to make a thorough stroots tube r*^- r. 11 11 r. 11 1 Piii’p'iaftcM- lay- repair ot all streets or alleys, or parts or streets or alleys, that ing water-pibcs. are impaired by laying Avater-pipe in such streets or alleys ; and he shall, in all instances, see that sucli repairs are carried on until the earth is entirely settled in the street, and the neAv covering is fully incorporated and conforms with the proper cross grade of the street. The cost of tliese repairs sliall be considered a part , ‘ ^ i ■ charged. of the pipe-Avork, and chargeable to the fund of the AvaterAvorks. Sec. 17. In all instances where the gaslight company author- *The word “that,” at the beginning of this seetion, in the original ordiiiaiiee, is repealed by ordinaiiee No, 5487, approved, January 24, 18(15.. ENGINEER DEPARTMENT. ■m Streets to be repaired after laying gas-pipe. Cost, how charged. When mayor shall cause wooden pave- ment to be laid in streets. Petitions, mayor may sign for city. Mayor shall cause certain streets to be re- paved with wooden pave- ment. Host of above work, how as- sessed and col- lected. ize or cause an opening of any part of any street or alley of the city, for the purpose of putting down pipe, or for any other purpose, it shall be the duty of said company to repair the street or alley, and place it in as good condition, in the opinion of the city engineer, as it was before the excavation or opening was made idn the street ; and the repairs must be continued, as circumstances may require, until the earth is completely settled, and the grade of the street conforms to the proper cross section of the street ; and it is also made the duty of the city engineer to cause any repairs which, in his opinion, are not complete, to be completed ; and the cost of such repair by the city engineer shall be deducted from the payment due by the city for lighting of the streets. Sec. 18. Whenever a petition representing a major portion of the property fronting on any street, between two intersecting streets, shall be presented to the mayor, asking for the repave- ment of such street with wooden pavement, he shall instruct the city engineer to cause the work asked for to be done under contract, in the usual manner. The mayor is hereby authorized to sign such petitions in behalf of the city, whenever she is the owner or occupant of property fronting upon the street sought to be so repaved. All such petitions shall be filed with the register as soon as the same shall have been acted upon. Sec. 19. In that portion of the city bounded on the north by the north side of Carr street, on the west by the east side of Ninth street, on the south by the south side of Poplar street, and on the east by the levee, the mayor is hereby authorized to cause the carriage-ways of the streets thereof to be repaved with wooden pavements, wherever and whenever he shall deem it necessary; and he may instruct the city engineer to cause any street or portion of street, within the above-described limits, to be so repaved, under contract, which shall be let [out] in the usual manner. Sec. 20. The cost of all work done under authority of the preceding tAvo sections, except as provided for in the next section, shall be assessed and collected as a special tax against the property, or owners thereof, fronting upon the Avork done, according to charter and ordinance. Sec. 21. Whenever the city of St. Louis, as the oAvner or ENGINEER DEPARTMENT. 329 occupant of property, sliall become cliaro-ed with the cost of any Liability of ^ ° , . . city for cost of work done under the provisions of the three preceding sections of above work, this ordinance, the auditor shall pay the same, and charge it to appropriations for streets and alleys. On streets where horse- Liability of ^ railroad tracks have been made, the cost of the work done, under for cost of such work. authority of the three preceding sections of this ordinance, between the rails of said tracks, and for two feet in width on each side thereof, shall be assessed as a special tax against the railroad company owning said tracks, in the same manner as such taxes are assessed against other property holders. Sec. 22. All renewal of the covering surface of the streets, Certain limits, from the north side of Carr street to the south side of Plum to be covered, street, between the east side of Sixth street and the river, shall, unless repaved as provided in the eighteenth and nineteenth sec- tions of this article, be done with pavement with stone on edge, unless otherwise ordered by the council. Sec. 23. The cost of such paving shall be borne by the owners cost of such ^ ° work, how of property fronting on the street so repaired, and shall be charged, assessed and collected in the same manner as provided in the fourth section of this article. Sec. 24. It shall nut be competent for the city engineer to Authority of . ^ ^ ^ ° . mayor necessa- improve the streets, or any of them, in the manner described in certaiu sections eighteenth and twenty-second of this article, without the written authoi'ity of the mayor of the city so to do. Sec. 25. All broken rock to be hereafter spread on the surface Description of or any street, alley, or liighway, in the city or St. Louis, shall for macadamiz- be of the best descrijition that can be procured in the vicinity of the city, which, in the opinion of the city engineer, is best adapted to such purposes ; and they shall be broken so that the largest will pass through a two-and-a-half-inch ring, in all of their diameters. Sec. 26. All paving stones hereafter to lie used for paving. Description of . , • • 1 11 • 1 • 1 stone to be used With stone on edge, any street, or any principal alley Avithin the for paving. business part of the city, through which heavy carts have to pass, shall be of the best ipiality that the vicinity of the city affords ; i and they shall lie dressed on the to])S, sides, and end faces, so as to make close joints throughout, and a full and stpiare bottom ; and the stone shall have a bed of sand properly prepared for its reception, of a depth of not less than ten inches. 330 ^ENGINEER DEPARTMENT. When and where Sec. 27. It sliall be lawful for aiiv person to erect awning- erected. posts Oil aiij Street ( aiid none others) of twelve feet or more of sidewalk, as established bj ordinance, except Front and Main streets : Provided ^ the same shall not be less than four nor more than seven inches at the center in diameter, except when made of iron ; the same to be round and painted with at least three coats of white paint, and to be placed close within the curb ; and j)rovided further^ that awnings and awning-posts of cast iron may be erected on Main street and other streets prohibited, if a written permit is obtained from the city engineer for the erection of the same, specifying the kind of awning, hight and size of posts, etc., and that the awnings be put up strictly in conformity with such permit; and provided farther^ that such permit shall in no case be granted by the city engineer, unless the owners representing a major part of the property fronting on the street in the block where the awning or awning- posts are proposed to be erected shall petition for the same. Hight and size Sec. 28. The hight of said posts shall not be less than ten of awning P«)sts r. f. . t . *111 t i and boards. ±eet irom the pavement, and the awning shall extend entirely over the sidewalk on which they are constructed ; the front boards or cornice, and end board, not to be more than one foot wide. To be erected Sec. 29. Awning-posts shall only be erected under the super- of engineer; iiiteiidence of the city engineer, and the pavements shall be neatly repaired ; pen- repaired at tlieii’ base immediatelv after they are erected, under a altyfor failure. ^ r* r> i n e e -f i • ^ IP ^ penalty or hve dollars tor a tailure herein, to be sued tor and recovered of the party ordering the same to be erected. Remedy against Sec. 30. It' coniplaiiit ill Writing, bv ally person or persons, awnings ob- . • ' 7 pp i i structing high- shall be made to the city engineer, to the enect that the erection of any awning or awning-posts interfere in any way with the public convenience, or the free and uninterrupted jiassage of any street or sidewalk, or with the convenient transaction of business, the city engineer shall forthwith make personal examination of the matter set forth in such complaint; and if, in his opinion, such complaint is well founded, he shall, without delay, give notice thereof, in writing, to the owner of such awning or awniiig- posts, or person who caused the same to be erected, ami reipiire the removal of such awning or aivning-posts within five days after service of such notice; and if such oivner or person, after being served with such notice, shall neglect or fail to remove such ENGINEER DEPARTMEIST. 831 awning or awning-posts within five days tliorcaftcr, he or tliey shall be deemed gnilty of a In-each of tins ordinance, and be snbiect to a fine of not less than ten nor exceedino; fifty dollars, Penalty for dis- J O J 7 obeying eiigin- to be sued for and recovered before the recorder, as in other cases remove'^al^ing of breach of ordinance of the city. Sec. 31. It shall he the duty of the street inspectors, the Duty of certain inspector of buildings and fires, and the police, to report to the awnings in vio- city engineer all persons who shall have erected, or who shall have nance, in the course of erection, any awning-post prohibited by this ordinance ; and it shall be the duty of the city engineer to give notice to the owner or occupant of the premises to remove said awning-posts, so erected, within five days. Sec. 32. If, on receipt of such notice, a copy of which shall Proceedings on , . , . T . , failure to obey be iett on the premises, the said awning- posts are not removed within five days, the said engineer shall report the owner or occupant of the premises to the recorder ; and, on proof of the facts that said huildings or awning-posts are erected contrary to ordinance, the said owner or occupant shall be fined in a sum not less than twenty nor more than one hundred dollars, with the penalty, addition of ten dollars per day for each and every day the said huildings or awning-posts shall be allowed to remain after the expiration of the five days’ notice. Sec. 33. U})on a second conviction, for the same offense, of penalty for sec- any party, under this article, the fine shall be doulded, and the penalty for permitting the building or awning-posts to remain shall be twenty dollars a day. Sec. 34. The city engineer may, when retpiested, grant per- vaults may be mits for the construction of vaults under sidewalks, the mode of uerSwaikT constructing which shall he directetl by him, and he shall see that the same are constructed according to the terms of the permit. Sec. 35. Whenever the owners representing a majority of the when cuginoor , . ' may cause alleys property fronting upon an alley shall petition the mayor to cause the same to be graded and paved, or repaved, he shall instruct the city engineer to contract in the usual manner for the work so petitioned for, and he shall submit the contract to the council for approval ; and, if the contract shall he a])})roved, lie shall cause the work to he done immediately thereafter. The jietition for paving alleys shall be attached to the contracts, and shall be carefully preserved in the city engineer’s office. The cost of the Cost, how as- sessed. 832 ENGINEER DEPARTMENT. Driving on side- walk. Fastening ani- mals to public property. Excavations in highways with- out protection. Not inclosing excavations. Leaving vaults uncovered. Causing water from eaves to be spread over sidewalks. work provided for in this section shall be assessed as a special tax upon the owners of the property fronting upon the work done, in accordance with charter and ordinance. ARTICLE IV. Offenses Concerning Streets and Private Property. Section 1. Whoever shall, in this city, lead, ride, drive, or place any beast of burden or vehicle on any paved sidewalk or footway, otherwise than going into or out of premises owned or occupied by him or his employer, or shall hitch or fasten any animal to a fire-plug or hydrant, or to any railing, fence, or ornamental or shade tree, lamp-post, or awning-post, not belonging to him or his employer, shall be deemed guilty of a misdemeanor. Sec. 2. Whoever shall, in this city, dig, or cause to be dug, any excavation in or adjoining any highway, thoroughfare, or other public place, and shall not, during the night, cause the same to be fenced in with a substantial fence at least three feet high, the boards or rails of which shall not be more than one foot apart, shall be deemed guilty of a misdemeanor. Sec. 3. Any citizen or contractor for public work who shall make an excavation in any highway or thoroughfare, and shall not cause poles or timbers, raised at least three feet above the ground, to be so placed as to prevent persons, animals, or vehicles from falling into the same, shall be deemed guilty of a misde- meanor. Sec. 4. Whoever shall, in this city, dig, or cause to be dug, in any highway, thoroughfare, or sidewalk, a vault, and shall not arch or cover the same over, and secure the grating or cover- ing of the opening thereof in such manner as to prevent persons, animals, and vehicles, from falling therein, shall be deemed guilty of a misdemeanor. Sec. 5. Whoever, owning or occupying any building in this city, shall not cause the pipes conducting the water from the eaves of the building to lie so constructed as not to spread the water over the sidewalks, shall be deemed guilty of a misde- meanor. Sec. G. Whoever, in this city, shall keep or leave oi)en any ENGINEER DEPARTMENT. cellar- door, or ffratino; of any vault, on any liiMiway, tliorouMi- ueavinK open fare, or sidewalk, or shall suffer any such door or grating, belong- vault, ing to premises occupied by him, or any such place, to be in an insecure condition, whereby passers may be in danger of falling into a cellar or vault, shall be deemed guilty of a misdemeanor. Sec. 7. Whoever shall, in this city, set up, or cause to be signs projecting 1 p -111 1 sidewalk. set up, any sign, sign- box, or hxture, which shall extend over or upon any sidewalk more than eighteen inches from the building line or inside of said sidewalk, unless such sign, box or fixture be placed on the top of awning, the boards thereof not exceed- ing eighteen inches in width, and the lettering not less than ten inches high ; or shall construct anv bow-window to project more Bow-windows ^ i extending on to than eighteen inches from the building line ; or shall suspend any sidewalk. merchandise or other article in front of any house, more than suspending mer- eighteen inches from the wall thereof (if less than eight feet sidewalk. above the pavement), or more than two feet from the wall at any hight above the pavement ; and whoever shall place or throw, or cause to be placed or thrown, upon any highway, thoroughfare, sidewalk, or public place, any article Avhatever, so as to obstruct or otherwise encumber the same ; or shall, upon any such place, expose or offer any merchandise or other pro])erty, for show or Exposing mor- ^ ^ ^ , chandise for sale, by auction or otherwise, shall be deemed guilty of a niisde- sale in highway meanor; Provided^ that nothing in this section shall be so Merchants may , 1 f r* occupy pari of contrued as to prevent merchants or manuracturers rrom occupy- sidewalk, ing with their wares eighteen inches of the inside of the sidewalk. Part of street 1 -1 -1 11 • • 1 e 1 • -11 may be used for where said sidewalk is eight leet or less in width ; twenty buihiing mate- inches, if over eight and less than ten feet wide ; and two feet if the sidewalk is ten feet or over in width. Nor shall this sec- tion be so construed as to prevent merchants from occupying a greater space on the sideivalk Avhen receiving or shipping goods, if said goods are not permitted to remain more than eight hours, and at least one-half of the sidewalk is at all times kept clear for passengers ; Jind provided further^ that no person shall be prevented from occupying, for building purposes, so much of any street or sidewalk, for a reasonable time, as may be assigned by the chief engineer of the fire department.* *Tlie words “street inspector, ’ ’ in the original ordinance, are changi'd to “chief engineer of the fire department” by ordinance No. 5487, approved January 24, 18G5. 384 IToisting arti- cles over thor- oughfare. Penalty. Injuring public property. Casting coal or lirewood on sidewalk. Obstructing highway with vehicle. Police to carry this section in- to effect. Owners and oc- cupants to keep sidewalks clean. ENGINEER DEPARTMENT. Sec. 8 . Any person in this city avIio shall hoist on the outside of any building, over any thoroughfare thereof, any merchandise, grain, or building or other material or article, shall he deemed guilty of a misdemeanor, and shall be subject to a fine of not less than ten dollars for each and every offense. Sec. 9. Whoever shall, in this city, willfully cut, hack, or otherwise injure any lamp-post, awning-post, sign, fire-plug, hydrant, ornamental or shade tree, railing, fence, or other inclos- ure, or any property belonging to 'the city, shall be deemed guilty of a misdemeanor. , Sec. 10. Whoever shall, in this city, cast, throw, or place upon any paved sidewalk, any stone-coal or firewood, or shall saw, or permit to be sawed, any firewood upon such sidewalk, shall be deemed guilty of a misdemeanor. Sec. 11. If any wagoner, carter, drayman, or the driver of any carriage, sleigh, sledge, buggy, furniture- car, or any other vehicle for pleasure or burden, shall stop or place any such cart, wagon, dray, carriage, sleigh, sledge, buggy, furniture- car, or other vehicle for pleasure or burden, in any street, lune, or public alley, or near the intersection of any street, lane, or public alley, or across the crossing or footway along or across any street, lane, or public alley, so as to obstruct the free passage on the crossing or footway along or across such lane, street, or public alley, he shall be deemed guilty of a misdemeanor ; and it shall be the special duty of the city police, in all its branches, to see that the provisions of this section are carried into effect. Sec. 12. Whoever shall, himself, or by another, place upon any highway or other public place any obstruction not authorized by ordinance, or make any excavation in such place without lawful authority, or displace or remove any stones, stakes or other landmarks placed by any officer of this city under authority thereof, or injure or deface any property, or violate any provisions of this ordinance for violation of which no specific penalty is provided, shall forfeit and pay not less than ten dollars. Sec. 18. All persons are required to keep the paved sidewalks in front of the tenements and grounds belonging thereto respectively occupied by them (and where houses are occupied by several ten- ants, then the person occupying the tenement or tenements nearest to the street), swept and clear of mud, dirt and filth, and, after any ENGINEER 1)E1^\RTMENT. fall of snow, to cause tlic snow to be immediately removed there- from into the carriage-way of the street, under a penalty of not less than two dollars for a failure to comply with the requirements of this section; and the street inspector shall report to the street inspector 1 f* •! 1 1-11 report viola- recorder all persons who, by 'such radure, have become liable to tions. said penalty. And, upon every conviction, the street inspector reporting the party convicted shall receive a fee of twenty-five viction. cents. Sec. 14. Any person who shall, willfully or maliciously, or injuring lamp- negligently, injure, pull down, or break, any lamp-ytost, bracket, graph posts, etc. or gas-lamp, or telegraph post, or telegraph wire or wires con- nected with the fire-alarm telegraph, within the city of St. Louis, shall be deemed guilty of a breach of this ordinance, and subject* to a fine of not less than ten nor more than three hundred dollars , Penalty, to be sued for and recovered as in other cases of breach of city ordinances. Sec. 15. One-half of any fine recovered and collected f or one-hau of pen- ^ ^ alty to be paid a breach of the foregoing section shall be paid to the informer, intormer. or person who shall make complaint of any violation or breach thereof, and attend to the prosecution of such complaint to judgment against the party or person informed against. Sec. 16.* All holes, depressions, excavations, or other dangerous uoies, etc., to places, within the city of St. Louis, that are below the natural or artificial grades of the surrounding or adjacent street, shall be properly inclosed with fences or walls, or be filled up, so as to render such places secure from liability of persons and animals falling into them. Sec. 17. The city engineer shall notify the owners or occupants Engineer to no- £ • 1 1 • e tifyowne.s. or premises on winch such dangerous places exist to cause rences or walls to be built, or to be filled up, within such period as he shall deem the exigencies of the case may require. Sec. 18 . Whenever the said owner or occupant shall refuse or Engineer to in- r. ., 1-1 • 1 ^ close dangero>is rail to comply with such notice, or whenever such owners or pieces, when, occupants can not be found, then the engineer shall cause such dangerous places to be fenced or walled in, filled up, or covered over, as each case may require. * Sections 1()-21, inclusive, of the above arlicle, compose ordinance No. 5333, approved June 13, 1804. 336 ENGINEER DEPARTMENT. Cost of work to be lien on prop- ertj’. Tax-bill to be evidence of claim. Expenses, what fund to be paid out of. Sewer depart- ment estab- lished. Committee to preside over same. Sewer commit- tee, how elected. When and where to meet. Duties of sewer committee. Sec. 19. The cost of all such work shall he assessed as a special tax against the property upon which the dangerous places exist, and said special tax shall be a lien against such property, and shall be collected in the same manner as other special taxes are collected. Sec. 20. The city engineer shall certify in the tax-bill so assessed the kind of work done, and the purpose for which it was required to be done ; and such certificate shall be prima facie evidence of the validity of the special tax so assessed. Sec. 21. The expense which the city engineer may incur in doing the work above mentioned shall be charged to, and paid out of, appropriations for streets and alleys ; and, when the special taxes for the Avork shall be collected, the said appropriations shall be credited with the amount. ARTICLE V. Sewers. Section 1. A department of the city government is hereby established, to be styled the ‘‘ Sewer Department,” which shall embrace all matters pertaining to the drainage of the city, and which shall be presided over by a committee of the common council, to be styled the “Sewer Committee,” in conjunction with the city engineer. Sec. 2. The sewer committee shall consist of five members of the common council : one from the first and second wards, one from the third and fourth wards, one from the fifth and sixth wards, one from the seventh and eighth wards, and one from the ninth and tenth wards ; and the delegation of every two wards shall elect the member of the committee, Avho shall hold their office during the term for Avhich they ivere elected to the council. The annual vacancies occurring shall be filled at the first meeting of the council in each fiscal year. The sewer committee shall meet once each month, or oftener if the business of the depart- ment should require it. The place of meeting shall be at the city engineer’s office, or in a room adjacent thereto. Sec. 3. It shall be the duty of the sewer committee : First. To take cognizance of all matters pertaining to the drainage of the city. ENGINEEli DEPAUTMENT. ‘>0 7 OO 4 Second. To exorcise a strict control over tlic expenditure of the public scAver fund. Third. To prepare and report to the council a general system of public scAvers. Fourth. To see that the system adopted is strictly carried out in accordance Avitb the biAVS and ordinances of the city. Fifth. To grant permits to make connections Avitb public and district scAvers, under certain restrictions hereinafter men- tioned. Sixth. To report to the council upon all petitions and ordi- nances in relation to public and district seAA^ers. Seventh. To supervise the preparation of plans, specifications, and contracts for the same, and report them to the council. Eighth. To see that the expenditures for public seAvers, in each fiscal year, do not exceed the revenue of that year accruing to the public seAver fund. JWixth. To report to the council, at the last meeting in each fiscal year, the probable amount required to carry on the public seAver improvements of the next year, including the repairs and all other expenses chargeable to the public seAver fund. Tenth. To report to the council, Avhenever called upon, all information in its possession relative to all matters under its charge, and generally to do all laA\T‘ul acts necessary to render this department efficient in its Avorking, and to accomplish the objects for A\diich it avuis established. Sec. 4. It shall l)e the duty of the city engineer, under the of en^i instructions of the seAver committee : sewer matters; First. To attend all the meetings of the seA\'er committee, and to cause a journal of its proceedings to be kept; and to publish an abstract of the same in the iieAVSpapers doing other city printing. Second. To prepare all plans, specifications and contracts, for scAA'ers ordered to be constructed, and to advertise and let out the same in accordance Avith the mode })rescribed for other city AV'ork, and to grant permits to make connections Avith all scAvers under certain restrictions hereinafter mentioned. Third. To superintend the construction of all public and district seAvers, and to see that the prescriptions in relation to priva te seAvers are strictly obeyed. 22 338 ENGINEER DEPARTMENT. Fourth. To take charge of all ])usiiiess relating to this department which may originate during the vacation of the committee, and to present the same for its action at the next meeting. Engineer to be executive officer ot sewer com- nuttee; further (Julies of. May appoint as- .si.stants, etc. How paffi. Fifth. To prepare a hydrographic map of the city, showing the public sewers already constructed, and those which are still required, and the territory drained and to be drained by each ; colored, so as to show its extent distinctly ; together with the alignment, dimensions, depth and fall of each sewer, so far as the same can be ascertained. Sixth. To make estimates of the cost of sewers, and to fur- nish the committee with all the required information relating thereto ; and to do and perform generally all other lawful acts necessary to secure an efficient working of this department of the city government. Sec. 5. The city engineer shall he the chief executive officer of the sewer committee. He shall keep a separate book account of all expenditures for each sewer, whether public or district, or in construction ; and a similar account of reconstruction, repairs, cleaning, superintendence, and all other incidental expenses. Detailed plans shall be kept, in book form, of all sewers con- structed, showing the alignment, the depth below the grade of the street, the dimensions and form, together with a full statement of the final measurement of the work done or in construction, specifying each item, its contract price and cost ; and, in case of district sewers, there shall be an accompanying map of .the district, showing the net area of the district, the dimensions and area of each lot, with the owner’s name written thereon, and the amount assessed against each lot ; also, the kind, dimensions, amount, and position, of all the Avoi-k done in constructing the sewer. Sec. 6 . The city engineer, with the consent of the sewer committee, shall appoint such superintendents and other assis- tants as they shall, from time to time, deem necessary for the efficient working of this department. The salaries of said superintendents and other assistants shall be paid out of the public sewer fund, except in cases hereinafter provided for ; and they shall be dismissed at any time when the engi- neer and sewer committee shall deem it ex])edient to do so. ENGINEER DEPARTMENT. 339 Sec. 7. The sewer committee sliall not aiitliorize the eno;ineer Limitations or contracts for to let out sewer contracts in amounts greater than one hundred sewers, thousand dollars. Sec. 8. Public sewers shall only he established along the Construction of principal courses of drainage throughout the whole city, and shall be constructed in accordance with the general sewer system hereinafter provided for, and at such times as public necessity may require them ; and the public sewer fund shall be expended in the different portions of the city so as to give each portion a fair distribution of the benefits arising therefrom. After a public sewer shall have been established by ordinance, the sewer committee shall let out such portion as may be deemed necessary, and the committee shall report contracts for the same, which shall be approved by the council before going into effect ; and the same course shall be pursued in regard to the reconstruction of all public sewers. The engineer shall certify to the amount Further duties „ : , , , . engineer. or work done under contracts to the sewer committee ; and the chairman thereof, when directed so to do by the sewer committee, shall draAv his requisition on the auditor for the amount due, chargeable to the public sewer fund. The public servers shall be kept in complete repair by the engineer, under the instructions of the sewer committee, and the cost of such repairs shall be certified to by the engineer to the sewer committee ; and the chairman thereof, Avhen directed so to do by the sewer committee, shall draAV his requisition on the auditor for the amount, and shall make it chargeable to the ])ublic sewer fund. Sec. 1). Whenever a party desires to make a connection with a Connections public sewer, application shall be made therefor to the sewer Tewerr^bow committee or the city engineer, avIio may grant or refuse the same, as occasion may require ; and the party to whom permission is granted shall give bond, to be approved by the seAver committee or the city engineer, in the sum of five hundred dollars, con- ditioned that he will hold the city harmless against any damages that may ensue from making such connection. Any person renaity toi vio- making a connection Avith a public scAver Avithout the permit above mentioned, or in violation of the instructrions of the engineer, shall forfeit and pay to the city one hundred dollars, upon con- viction of the fact before the recorder ; and all such fines shall be ^eJ^er^funu credited to the public sewer fund. 840 ENGINEER DEPARTMENT. Sewer districts Sec. 10. It slijill be the (lutv of the seAvei* committee to sub- lished. divide the city into sewer districts of convenient size, designating them by the name of the sewer into which they will drain, and numbering them continuously from one upwards, and report the same from time to time to the council, accompanied with drafts of ordinances establishing them by metes and bounds. District sewers, Sec. 11. Whenever a majority of the property owners resident when to be or- • i • , . . • i • • • r* dered by com- witliin a sewei' disti’ict, or Within a convenient portion or a sewer district, shall petition for the building of a sewer therein, or Avhenever the sewer committee shall deem a sewer necessary for sanitary or other purposes, it shall be the duty of the sewer committee to report the fact to the council, with an accompanying draft of an ordinance authorizing the construction of a district sewer within said district, or portion of said district, as the case may be. Engineer to car- Sec. 12. Whenever the construction of a district sewer shall ces for district have been authorized, it shall be the duty of the engineer, under sewers. . . i , e the instructions or the sewer committee, to let out the work or construction in the same manner as other city work is let out ; and to prepare a plan, specification, and contract for the same, which shall be reported by the sewer committee to the council for approval. After the contract has been approved, it shall be the duty of the engineer to cause the sewer to be constructed in accordance with the terms of the contract. Cost of district Sec. 13. So sooii as a district sewer shall have been fully sessed’and col- completed, the city engineer, or other officer having charge of the work, shall compute the whole cost thereof, and shall assess it as a special tax against the lots of ground, exclusive of improvements, in proportion to the area of the whole district, exclusive of public highways ; and said officer shall make out a certified bill of such assessment against each lot of ground within the district, in the name of the owner thereof, subject to .the approval of the committee ; said certificate shall be delivered to the contractor for the work, who shall proceed to collect the same by ordinary process of law, in the name of the city, to his own use ; and in cases of absent owners he may sue by attachment, or by any other process known to the law ; and each ccrtiticate shall be a lien against the lot of ground described therein, and shall bear interest at the rate of ten per centum per annum from ENGINEER DEPARTMENT. 341 thirty days after the date of issue; and if not paid within six months after date of issue, then it sliall bear interest at the rate of fifteen per centum per annum until paid. Sec. 14. The repairs, cleaning, and other incidental expenses of district sewers, shall be paid out of a general appropriation for that purpose ; and at the end of each fiscal year the auditor shall report to the common council the amounts paid on account of each district separately, and the assessors shall be instructed to assess the amounts charged to each sewer district, in pro- portion to the assessed value of the property, as ^‘a special district sewer tax,” and shall charge it as an item in the general tax-bills of any fiscal year after the expenditure shall be made. Sec. 15. Any person wishing to make a connection with a dis- trict sewer, for the purpose of draining premises located within the district, shall make application to the sewer committee or city engineer ; and, if the committee or city engineer shall grant the application, a permit shall be issued for that purpose, signed by the engineer or the chairman of the committee ; and the party to whom permission is granted shall give bond, to be approved by the sewer committee or city engineer, in tlie sum of two hundred and fifty dollars, conditioned that he will hold the city harmless {igainst any damages that may ensue from making such connec- tion. No permit shall be issued to drain premises situated out of the district ; nor shall a permit ])e issued to any person who is not the owner, lessee, or legal representative of the property sought to be drained. Any person attempting to make a connection with any district sewer, without a permit, shall be fined fifty dollars, upon conviction of the fact before the recorder. All connections to sewers sliall be made in the most substantial man- ner, under the superintendence of tlie engineer ; and any person who shall make, or cause to be made, any defective private sewer, where the same passes under a ])ublic highway, shall be fined fifty dollars, upon conviction of the fact before the recorder ; and the engineer shall cause said defective sewer to be shut up. The engineer shall cause a book to be kept in which an abstract of all permits issued shall be recorded, and all bonds required by this ordinance shall be filed in the office of the city register. All connections to sewers shall be made 'under such other regula- tions as may be provided by ordinance. Cost of repair- ing and cleaning sewers, how charged and collected. Connection with district sewers, how made. Penalty for vio- lating this sec- tion. 342 ENGINEER DEPARTMENT. Knsineer to ad- Sec. 16.* Tlic citv eiio;iiieer is hereby authorized and instruct- vertisp for bids i i t -pi • for offal in ed, uiuler the direction or the committee on sewers, on the first sewers. _ ^ Monday in September in each year, to let out, in the usual man- ner, to the highest and best bidder, the right to remove and use the offal accumulating in the various public sewers of' the city of St. Louis. The contract based upon the award shall be made subject to the approval of the common council, and shall specify the manner of removing the offal, and the regulations which shall govern the conduct of the persons while removing the same. Sum bid to be Sec. 17. As soon as the contract shall have been approved, paid into treas party to wliom tlic coiitract is let shall, within ten days, pay into the city treasury the sum specified in the contract to be paid, and the auditor shall credit the amount to the public sewer fund. Manner of lei- Sec. 18. Tlic scwci’ committec shall include the Avhole of the ting contracts ; provisions to be public scwcrs ill 0110 coiitract, or the city may be divided into inserted in. ^ > .j several districts, as the committee shall deem best for the interest of the city. No dam, machine, or other fixture, shall be placed within any sewer for the purpose of collecting and removing the offal ; but all such appliances must be outside, and beyond the mouths of the sewers. ARTICLE VI. Street Lmnps. Cleaning, light- SECTION 1. The city engineer is hereby authorized and in- ing, etc., of J n tJ street lamps, to gtructod to coiitract, ill tlio saiiie manner as for other city ivork, for the cleaning, lighting, and repairing of the public street How let. lamps, for the term of one year ; and the said work shall be re-let annually thereafter, unless otherwise ordered by the committee on gasAvorks. The lighting, cleaning, and repairing shall each be let separately, if it shall be to the interest of the city so to do, and the price shall be for each item. Engineer may Sec. 2. The city engineer, Avith the advice and consent of the appoint superin- • r* • i i i i i i in • *11 tendentofstreet itiayor, it it slioiild tie (leeiued necessary, sliall appoint a suitalile person to superintend the ]mblic street lamps, under the direction of the city engineer, at a salary not exceeding sixty dollars per month. The lighting and the extinguishing of the lani])S shall * Sections IG, 17, and 18, do not foi-in ])art of Hu; original ordinanc(‘, bid are contained in ordinance No. 5558, approved March 21, 18G5. ENGINEER DEPARTMENT. be ill accordance with the contract lietwcen the city of St. Louis and the St. Louis gasliglit company. Sec. 8. The cost of tlie above-mentioned work, and also tlie cost of above salary of the superintendent aforesaid, shall be paid monthly, on the certificate of the city engineer, and shall be charged to appropriation for lighting the city. Sec. 4. All public street lamps shall have the name of the Names of streets street painted, in a conspicuous manner, on the side which faces the street or streets on which they are placed ; and the city engineer is hereby instructed to make a stipulation to that efiect in all contracts hereafter entered into in accordance with the above provisions. ARTICLE VII.* Concerning the Connection with Sewers, Gas and Water Pipe, Etc. Section 1. The city engineer is hereby authorized and in- Engineer to con- structed to contract, in the usual manner, on the first day of July ing connections, of each year, for the making of all connections with sewers, water and gas pipes, required to be made in all improved streets and alleys within the city of St. Louis. Sec. 2. All persons who desire to have such connections made Proceedings to shall deposit with the city engineer a sum which, in his judgment, tions made.' shall be sufficient to pay the cost of making the connection; and costs deposited, the engineer shall give a receipt for the sum so paid, and shall then instruct the contractor to make the connection, provided, the requirements of otlier ordinances have been complied with. When the work shall have been completed, the engineer shall make ti measurement thereof, and shall pay the contractor according to the terms of his contract; and if the sum deiiosited s^'vinstubere- with the engineer shall be moi'e tlnin sufficient to ])ay the cost of the work, the balance shall be refunded to the j)erson making the deposit; and if the sum deposited be not sufficient, then the person applying for the connection shall be bound to pay the balance before he shall be permitted to use the connection so *This article is not ])art of the original ordinance. It was passed as ordinance No. 534(), api)roved .Juiu*. 21), 18(54, and directed to be incorpo- rated into this by ordinance No. 5487, approved January 24, 1805. FINES AND PENALTIES. 344 made. The work to be done by the contractor shall not include the plumbing of water-pipes, nor the fitting of gas-pipes, loxcavating in Sec. 3. Aiw person wlio sliall dig into, or cause any excava- strepts witllout . , , . , ° . , . , . permission. tion to be made into, any improved street or alley within the city of St. Louis, without written permission from the city engineer so to do, shall be deemed guilty of misdemeanor, and, upon Penalty. coiivictioii before the recorder, shall be fined not less than fifty nor more than one hundred dollars. Making tire on Sec. 4. Any poi'son who sliall make, or cause to be made, a r'lent. fire ou any wooden pavement within the city of St. Louis, shall be deemed guilty of a misdemeanor, and shall, upon conviction Penalty. before the recorder, be fined not less than fifty nor more than one hundred dollars. ( No. 3438. ) FINES AND PENALTIES. AN OEDINANCE IN EELATION TO FINES, FORFEITURES AND PENALTIES. Breach of ordinance^ penalty for, when not fixed ^ 1 Fme^ amount ot, when not fixed 1 maximum of, when not fixed , 2 Maximum oI penaltv, when not fixed 2 Maximum of, may he recovered, how ! I 2 Penalty, amount of, when not fixed 1 maximum of, when not fixed... 2 Be it ordained hy the Common Council of the City of St. Louis., as follows . Pine or penal- SECTION 1. Whcncver, by the ordinances of the city of St. by orTi- Louis, 01 * either of them, the doing of any act, or the omission to ..ance. duty, is (loclarcd to be a breach of any or either of said ordinances, and there shall be no fine or penalty declared for any such breach, any person or persons convicted of any such breach shall be adjudged to pay a fine of not less than one dollar and not exceeding three hundred dollars. Maximum of Sec. 2. Whenever, in any ordinance of the city, heretofore or Sxed'^by'ordD hereafter passed, a fine, forfeiture, or penalty, is or may bo prescribed at not less than a given sum, but the maximum of such fine, forfeiture, or penalty, is not likewise fixed, such maxi- FIRE DEPARTMENT. mum shall be as follows, to-wit ; if the minimum of such fine, forfeiture, or penalty, shall be less than one hundred dollars, the maximum shall be three hundred dollars ; if the minimum be one hundred dollars, or above that sum, the maximum shall be five hundred dollars ; and it shall be lawful, in any such case, to recover the maximum aforesaid in like manner as if the same were specifically set forth in any such ordinance. Approved, November 6, 1855. (No. 5418.) FIRE DEPARTMENT. AN ORDINANCE ESTABLISHING THE FIRE DEPARTMENT, AND FOR THE INSPECTION OF BUILDINGS AND THE PREVENTION OF FIRES. Absence of firemen from fires, howpiiiiisbed I, ^ 14 Account^ cliief operator of fire- alarm telegraph to render to auditor 11, 0 Alarm-bells^ located 11, 4 Application for building^ permit. what to contain IV, I Ashes, chief engineer to direct de])osit ot...‘, IV, 2 Assistant engineers, members of fire dei)artment 1, 1 how api)oint(*d I, 3 to perform duties of secretary of board of tire engineers.....!, 3 term of ofiice of I, 3 to perform duties of chief in his absence I, 7 to have certain ])Owers at tires I, 19 Assistant operators of fire-alarm telegraph, how api)ointed and conti-olled 11, 5 Auditor, monthly statements to be ti-ansmitted to I, (> when to draw warrants I, G chief operator to give accounts to II, 0 when to draw warrants II, G Badges, firemen and otlicers to wear I, 13 how furnished I, 13 none but fireiiKui to wear I, 13 Baled cotton, not to be stored within certain limits V, 12 Baled hay, not to be stored within certain limits V, § 12 Baled hemp, not to be stored vvithin certain limits V, 12 how long to r e m a i ii o n wharf V, 14 Bells, not to be rung, ex(;ept alarm-bells II, 4 ringing other than alarm- bells II, 4 Bills against tire dej)arlment; se{;r(4arv and chairman of board of fire engineers to c(“rt'fy M, 3 board of lire engineers to cer- tify I, 9 Board of fire engineers, members of til t; depai't inent I, 1 liow comi)osed I, 3 to appoint assistant (Migineers, I, 3 duties and i»owei-s of. II, 4, 9, 10, G, 11 when to meet I, 17 quoium of. I, 17 to have custody of fire-alarm tel(‘grai)h II, 5 rul(‘S of, concerning alarms, etc II, 5 chief operator to report to II, G Boiling inflannmable ynaterials in oi)en place, regulations... I II, 8 Bond, of (thief engineei’ of fire d(‘])artment I, 2 Building without permit IV, 1, 3 FIRE DEPARTMENT. m Building^ chief engineer to su- pervise and inspect IV, ^ 2 Buildings, of wood, regulations concerning Ill, 1 for smoking meat, to be tire proof Ill, 1 chief engineer to give permit to erect IV, 1, 0 erecting without permit. ..IV, 1, 0 Burning coal, not to be carried in street unless Ill, 12 Bur'ning out flues, regulations concerning Ill, 17 Carryinq hurninq coal or brand in strc4t Ill, 12 Chief engineer, member of fire department I, 1 bow appointed I, 2 term of office of. I, 2 bond of. I, 2 to attend meetings of board of tire engineers I, 3 tire department to be under command of I, 5 duties and powers of, I, 1, 5, 6; IV, 3, 4, 1, 2, 3, 4, 5, G, 7 senior assistant to perform du- ties of I, 7 to approve substitutes for ab- sentees I, IG to call meeting of board ot tire engineers I, 17 may hire or purchase horses or mules I, 18 powers of, at fires I, 19 to raze buildings erected con- trary to ordinance Ill, 4 powers of, to carry out cer- tain ordinance Ill, 19 m a y c b a r t e r steambo ats , when Ill, 20 to grant permits for building purposes IV. 1 failing to comply with orders of IV, 3 Chief oj)erator of flre-alann tele- graph, bow appointed II, 5 term of office of. II, 5 to act as seci-etary of board of tire engineers II, G duties of 11, G Chimneys , regulations concern- ing Iir, 7; IV, 2 City officers, to seize gunpow- der, when V, 11 Cisterns, construction of, who to recommend I, 4 Collectors (city), to collect cer- tain costs IV. 8 Combustible maderials, burning in street, etc ‘.....Ill, 9 Common council, boMrd of tire en- gineers to report to \, 4 to aiiprove and amend rules. ..I, 4 Common council, chief operator - to i-ejiort to II, g 6 chief engineer to report to. ..IV, 4 Commons, St. Louis, certain ordinance to extend over...V, 1,5 Comptroller , to make out certain bills IV, 8 Controversies between firemen, bow decided I, 5 Cotton, baled, regulations con- cerning V, 12 Counselor (city), to sue on cer- tain bills IV, 8 Dangerous buildmgs, provisions concerning IV, 7 jjarties refusing to remove. ..IV, 7 cost of removing, bow paid IV, 8, 9 Dangerous walls, chief engineer to demolish IV, 2 Discharging fli'earms in city , III, 13, 14, 15 Disobeying orders of chief en- gineer IV, 3 chief or assistant engineers at fires I, 19 Disputes between firemen, bow decided ■ I, 5 Districts of fire-alarm telegraph system II, 2 Employ ee'h of fire department, bow appointed I, 10 provisions concerning I, 10, 11 Engineer, chief (see chief En- gineer). Engineers, assistant (see assist- ant engineers). Engines, bow bought, sold, etc.. I, 4 board ot fire engineers to take possession of I, 4 False alar?ns, who to investi- gate II, G penalty forgiving II, 8 Fines, companies not to impose..!, 14 Fire alarms, provisions concern- ing II alarms to be given by lire- alarm telegraph II. 1 Fire-alarm telegraph , central sta- tion of n, 1 injuring or interfering witli..IL, 8 Fire-alarm telegraph system, di- vided into districts II, 2 signal-boxes of II, 3 alarm-bells of II, 4 Fire apparatus , board of lire (*n- giiKH'rs to take [lossi^ssion of. .1 , 4 bow sold 1, 4 Fire-arms, i-egiibitions <*onc('rn- ing discbai‘g(' of Ill, 13 Fire-crachers, rc'gulalioiis con- cerning discbarg(‘ of.IIl, 14, 15 Fire department , bow comiiosed..! , I FIRE DEPARTMENT. 847 Fire deparfmrnt, to 1)(‘ uiuU'r eonmiiuul of ohlef 1, ^ 5 proixM't}' of, to be in ('iiarg-e of chief engineer I, 5 Fire engineers^ nienibers of iire (lei)nrtment I, 1 board of (see board of lire en- gineers). Fire ii/nits, provisions concern - ino'...:. Ill established ..HI, 1 Firemeiiy members of tire depart- ment I, 1 how a})pointed I, 5, 10 disputes between, liow de- cided T, 5 how diseharo-ed or suspended..!, 10 qnalitications of. I, 11 Fire-places, dangerous, chief en- gineer not to permit IV, 2 Fires, chief engineer to attend at.. I, 5 prevention of, provi,sions con- cerning Ill Fire-works, provisions concern- ing Ill, 14, 15 Flues, regulations conce]aiing..III, 17 Gunpowder , regulations coneern- iiig V, 1-11 Karl) or -master , may ehart(M‘ steand)oat, when III. 20 to en force c(n-tain i)rovisions. Ill, 22 to report certain violations..III, 22 Hay , !• e g u 1 a t i o n s conceiai - ing Ill, 11; V, 12 Hearths, dang(n*ons, i)rovisions concei-ning IV, 2 Hemp, i)ro visions concern- ing V, 12, i:i, 14 Hemp manufactories , where may b(^ e-tablished V, 15 to be lii‘e-i)roof. V, 15 Hook-and-ladder (M)mj)anies may b(* (established I, 12 governed as firemen I, 12 Horses, how sold, ex(;liaim’(‘d , etc... I, 4 chief (‘iigineer may ])nrcha.se..1 , 18 Hose-carriages , board of lire en- gineers to take i)os.session of I, 4 Houses, (,‘hief engine(‘r mav enter IV, 2 Incendiaries, how aria'sted IV, 5 Inclosures, chief engineer may enter IV, 2 Inflammable substances, r(*gnla- tions for boilino' Ill, 8 Inspection of buildings, i)rovi- sions concerning IV, 4 Key-holders, duties of in cas(‘s of lire ... II, 7 Keys of signal-boxes, provisions concerning II, 5, (I, 7, 0 Landwg g\inpowder , regulations for...'. V, ‘i 5, 0, 7 Lights, using in stabh' or inair combnstibh? mab'rial HI, 10 Lots, (;hief engineer may entei-..IV, 2 Marshal (city), to superintend landing " and shippiim of gunpowder \ , 0, 7, 8 to sell forfeited gnnpow(ler..V, 9 to execute search-warrants, when V, 10 to .seize and sell gunpowder, when V, 11 Mayor, to appoint chief engineer of tire department I, 2 to api)rove bond of chief en- o'ineer I, 2 to approve expenses for tire- alarm telegraph H, 11 how to prohibit erection of wooden buildings HI, 2 may charter steanrboat in case of tire HI, 20 to notify chief engineer ot dangerous building IV, 7 ma}' order dangerous building to be removed IV, 7 to issue search-warrant for gimi)Owder, when V, 10 Members of fl7'e deparhnent, pro- visions comanaiing I, 8, 11, 15, 15, 11), 20 Mules, chief (mgineer nni}^ hire or jnirchase. I, 18 Notice, chief engim'er to give of dangerous buddings'... IV, 5 Oath of office of operators of lire- alarm t(*l(‘graph H, 10 Office of chief engineer, when to be open I, 5 Officer in co^mnand, to decide dis- putes I, 5 Officers, how appointed 1. 5, 10 how dischai'ged or suspended. 1 . 10 (pialilications of 1, 11 to wear l)adges oj‘ insignia 1, 15 A'iolating rules or ordinances, how jninisiied 1 , 15 Officers, city (sec? city ollicers). Operator, chief (se(“ chi(‘f operator). as.'^istant (se(* a.'^sistanto[)erator). 'Operators ot tire-alarm telegraph, provisions conc(Maiing..H , 5, 0, 10 Orders prohibiting wooden build- ings to be lih'd and })nb- li.4ied HI, 5 Ordinances, (‘hief engineer to (*nforc(‘ IV, 2 Partition walls, how to be con- st iiuthHl IV, 2 Penalties for c(*i-tain oOenses, I, ^ 15, 19; 11, 4, 7, 8, 9; HI, 5, 7, 18, 19, 22; IV, 1, 5, 7; V, 5, 4, 5, 9, 11, 12 FIKE DEPARTMENT. Fitch ^ boiling in open place, regulations concerning 111, \ 8 Police, duties of in case of tire.Jl, 7 failing to give alarm 11, 7 street inspectors and chief en- gineer may call upon Ill, 19 Prevention of fires, provisions concerning Ill, IV application for, to whom to he submitted 1, 4 to he made by hoard of tire engineers 1, 9 Pyrotechnic exhibitions, regula- tions concerning Ill, 14, 15 Record of building 'permits, chief engineer to keep IV, 4 Record of proceedings of hoard of lire engineers, secretary to keep 1, 3, 4 Register ( city ) , chief engineer to return permits to IV, 4 Register of buildings, chief engi- neer to report to council.. .IV, 4 Report, hoard of tire engineers to make to council 1, 4 chief engineer to make 1, 5 Reservoirs, regulations concern- ing I, 4 Rockets, regulations concern- ing Ill, 14, 15 Rosin, lioiling in open place regulated". Ill, 8 Rules and regulations, hoard of tire engineers to make 1, 3, 4 Secretary, assistant engineer to act as 1, 3, 4 duties of 1, 3, 4 chief operator to act as 11, G Setting up stoves, regulations con- cerning Ill, G, IG Shapings, burning in street Ill, 9 Shipping gunpowder , regulations concerning V, 8 Signal-boxes of fire-alarm tele- graph, located 11, 2 of tire-alarm telegraph, keys of, how kept 11, 5 opening or injuring 11, 8 Smoke- stacks , regulations con- cerning Ill, 7 Squibs, not to he tired in cit}'..!!!, 15 Stables, regulations foi' using light in Ill, 10 Statement of fires, chief enginei'r to puhiish JV, 5 Statements, monthly, of compa- nies, how submitted 1, \ G how cei-titied, signed, and ap- proved 1, G to he transmitted to auditor....!, G Statements, quarterly, of chief operator 11, 6 Stations of fire-alarm telegraph... 11, 2 Steamboats, may be chartered, when Ill, 20 chartered by city, how paid for Ill, 21 chartered, to be at risk of city Ill, 21 regulations concerning Ill, 22 setting adrift when burning 111 , 23 landing with gunpowder, reg- ulations concerning... V, 5, G, 8 shipping gimpow'der, regula- tions concerning V, 8 Stove-piqoes , I’egulations concern- ing Ill, 7 Stoves, how to he set np... Ill, G, IG dangerous, chief engineer not to permit IV, 2 Straw , regulations concern- ing Ill, 11 Street inspectors, powers of, to carry out ordinance Ill, 19 Tar, boiling in open place regu- lated Ill, 8 Tardiness at fires, how tiremen punished for 1, 14 Turpentine, boiling in open place regulated Ill, 8 Varnish, boiling in open place regulated Ill, 8 Vessels with gunpowder, land- ing of regulated V, 5, G, 8 Walls, how to be constructed.. .IV, 2 chief engineer to demolish certain. IV, 2 Water craft, with guni)Owder, landing of regulated..V, 5, G, 8 Wells, regulations concerning construction of. I, 4 Wharf, haled hemp not to re- main on V, 14 Wharf -boats, regulations con- cerning Ill, 22 Wires of fire-alarm telegraph, in- juriilg II, 8 Wooden bail dings, provisions con- cerning.... Ill, 1, 2, 3, 4, 5 Yards, chief engiiuH'r may enter IV, 2 FmE DEPARTiMENT. Be it ordained by the Coinimni Council of the City of St. Louis : ^49 ARTICLE I Fire Department. Section 1. The fire department shall consist o£ a chief eii- Fire depart- gineer, t^YO assistant engineers, ana a board or nre engineers, one posed, engineer and seven men for each regular organized company ; and as many hook-and-ladder men, not exceeding seven to each company, as the number and quantity of the fire apparatus belonging to the city shall, from time to time, require. Sec. 2. At the first stated session of the board of common en^ineor council, in the year eighteen hundred and sixty-one, and at the to t»e apponred. first stated session every two years thereafter, there shall be appointed by the mayor, by and with the advice and consent of the board of common council, a chief engineer, who shall hold his Term ot office, office for the term of two years, and until his successor shall be duly appointed and qualified; and shall give bond in the sum of to give bond, five thousand dollars, to be approved by the mayor, for the faith- ful discharge of his duty ; and the present chief engineer shall Term of office hold his office until the expiration of the term for which he was neer!''*’^"^ appointed, and until his successor shall be duly appointed and qualified. Sec. 3. The board of fire engineers shall consist of five mem- Board of Are en- bers of the board of common council : one to be elected from the cmnposl^d'and first and second wards, one from the third and fourth wards, one from the fifth and sixth wards, one from the seventh and eif!:hth wards, and one from the ninth and tenth wards ; they <>shall Assistant cngi- iieer to bo a|i- appoint, at their first regular meeting, or as soon thereafter as practicable, two assistant engineers, one of whom shall perform the duties of secretary, whose term of office shall be one year, or until the next yearly organization of said board. Said board of of board ^ ^ ^ to be made. fire engineers shall make such rules for the regulation and government of the fire de])artment as they see fit. The chief chief engineer . 1 ^ • I. attend meet- engmeer shall attend all meetings of the boai'd, and at such meetings shall be privileged to make such suggestions for the action of the board as he may deem proper. The secretary shall Duties of s«cre- attend all meetings of said board of fire engineers, and shall keep FIRE DEPARTMENT. a record of its i)roceediiigs ; lie shall keep all books connected witli the department, and shall, together with the chairman of the hoard of fire engineers, examine and certify all bills which may be allowed by the board against the department, before the same shall be audited by the city auditor. Duties of board g^c. 4. It sluill 1)0 tlic (luty of Said boaril to take immediate possession of all engines, engine-houses, hose-carriages, and fire apparatus of every description belonging to the city; they shall have power to sell, or otherAvise dispose of, any fire apparatus belonging to the city, which may be unserviceable or not in use ; and the proceeds of such sales shall be paid into the city treasury. All applicants for the purchase, sale, or exchange of engines, or lots for engine-houses, for the erection or removal of engine- houses, and for the construction of Avells, reservoirs, and cisterns of the fire department, shall be made to said board, by whom the same shall be considered and reported to the board of common council, Avith the opinion of the board on the merits of the appli- cation, and their reasons for said opinions in Avriting. The board shall take into consideration, and report to the board of common council, all matters relating to the fire department, or to the property of the city connected thercAvith, and shall, tAVO Aveeks before the first stated session of each year, make to the board of common council a full and complete report of the condition of the department, giAung, in such report, a list of fires in the city for the year next preceding, the number of false alarms, the amount of property destroyed, and such other statistics in relation to ' losses, insurance, and the causes of fires, as they may be able to procure; and such other information and suggestions, in relation to the operations of the fire department, as they may deem advisable. Said board are authorized to make such rules and regulations as may be deemed necessary for the efficient operation of the department : Provided^ Such rules and regulations shall not conflict Avith the ordinances of the city, or the hxAvs of the State, and shall first have received the approval of the board of common council. ohH'i I'ligineer Sec. 5. Tlic Avliolc firc department of the city slfall be under to bo m coin- • tt i ii nian.i o) liro.io- the comuiand of the chief engineer, lie shall exercise a constant partineiit. i i n i i i i* i „owois and supcrvisioii over it, and sliall liave the general charge of tlie property of the city connected thereAvith, and shall see that the FIRE DEPARTMENT. ^51 same is ahvnys kept in good repair, and is ready for immediate use. He shall, subject to the approval of the hoard of engineers, appoint and employ all officers and firemen, who shall severally be paid, during the period for which they may he appointed or employed, the compensation hereinafter named. All disputes and controversies arising in relation to any matter connected with the department, among any of its companies, officers or members, when on duty, shall be summarily decided by the chief engineer, or, in his absence from the place of difficulty, by the officer in command. He shall attend all fires which may o’ceur in the citjy and all orders given by him to any company of firemen shall be promptly obeyed. It shall be his special duty to see that the provisions of this ordinance, and the rules and regulations of the board of engineers, are regularly and strictly enforced. He shall make a monthly report to the board of engineers of all the expenditures of the department, and shall establish his office in some fire-engine liouse in the central part of the city, which shall be kept open at all houi's of the day and night. Sec. 6. The chief engineer shall also, on the receipt of the Expenses, how e 1 1 • 1 1 exaiuiiuv'l and monthly statements of each company, submit the sum to the certified, board of fire engineers at their first meeting in each month, which statement, when certified to by the chief' engineer, signed by the chairman, and approved by the board, shall be transmitted by the secretary to the city auditor, who shall thereupon draw now paid, his warrant on the treasurer for the aggregate amount due on said several monthly statements, and pay the same to the officers and employees therein named, as in case of other pay-rolls. Sec. 7. The duties reipiired bv this ordinance of the chief uutios of chiof , . engineer, wlio to engineer shall, in his absence or inability to act, be performed pcifonn in hi.s by the senior assistant engineer jiresent. Sec. 8. No person under twenty-one years of age shall ])c Q'>'iij'icati.msot employed as a member of the fire department. partment. Sec. 9 . All purchases made for the use of the fire department luns again?-! d.*- shall be made by or with the consent of the board of* fire PiUd. engineers, who shall certify to all bills of whatsoever nature against said department, before the same shall be paid by the city. Sec. 10. No officer, fireman, or employee, shall be connected 352 FIRE DEPARTMENT. Mptnl)(MS, how appointed, dis- cliarjted, or sus- pended. F'urther qualifi- cations of inein- bers. Hook and ladder companies, how' formed and regu lated. Members to wear badges. No fines for ab- sence, except as fixed by board, when members shall be dis- charged from department. Penalty for vio- lating ordinan- ces or rules of board. T*uty of firemen in case of ab- sence from city. Meetings ofi board. in any manner with tlie department, or receive any pay for services, until he shall have first been appointed by the chief engineer, and approved by the board. Nor shall any person be discharged from the department, except by the board, for good cause shown. The chief engineer may, for any cause, suspend any officer or employee, and report the cause of any suspension to the board at the next meeting thereof. Sec. 11. No person shall act in the capacity of an officer or employee in said department who shall not have resided in the city for the period of one year, next preceding his appointment, except in cases when the board shall order otherwise. Sec. 12. As many hook-and-ladder companies shall, from time to time, be formed as the council may deem expedient, the members of which shall be subject to the same rules, regulations, and compensation, as other firemen. Sec. 13. The officers and members of the department shall wear such badges or other insignia as the board of engineers may direct, to be furnished at the expense of the city ; and no other person shall be permitted to rvear the same. Sec. 11. No company shall be allorved to impose fines on its members ; but for every absence or tardiness, except in case of sickness, there shall be a deduction from the pay of the officer, or member, of such sum as the board may determine ; and if any officer or member shall have been absent or tardy at more than one- third of the fires, or alarms of fire, except in case of sickness, during the month, he shall be discharged from the department. Sec. 15. Any officer or member of the fire department who shall willfully offend against any ordinance of the city, or rules and regulations of the board of engineers, shall be dismissed from the department, and be liable to a penalty of not less than five nor more than fifty dollars. Sec. 16. In the event of temporary absence from the city of any member, for forty-eight hours or more, he shall provide a substitute, to be approved by the chief or akistant engineer ; failing in which he shall forfeit one month’s compensation, to be recovered in the Stune manner as other penalties. Sec. 17. The board of engineers shall meet on the first Wednesday of each month, and whenever tliey shall be called FIRE DEPARTMENT. together by the chief* engineer ; a majority shall form a (j[noriim Quorum, for the transaction of business. Sec. 18. The chief engineer, with the approval of the board, fnay buTor'Ti^e shall have full power to purchase or hire as many horses or mules, and make such arrangements for their keeping, as may, in his judgment, be necessary for dragging the engine and other appa- ratus to and from fires. Sec. 19. The chief and assistant engineers shall have the Police powers of same police powers at all fires as the chief of police, and may command such assistance from the inhabitants of the city, for the suppression or extinguishing of fires, as may be required ; they shall have power to order any company, fireman, or other person, away from the neighborhood of a fire, under a penalty, in case of disobedience, of a fine not exceeding twenty dollars nor less than five dollars. Sec. 20. No member shall be received into any company Time of appoint - connected with the fire department for a less time than one month, diwaf"of and no person shall be entitled to pay for a less time, unless payment, specially employed by the chief engineer. Any member wishing to withdraw from any company shall be retpiired to give ten days’ notice of such intention ; and such enrollment of membership shall date from the first of every month. ARTICLE II. Fire Alarms. Section 1. All alarms of fire shall be given by means of the Fire alarms, fire-alarm telegraph system, in accordance with the rules and directions herein contained ; and the central station of said system central station shall be on the third floor of the north wing of the court house, until otherwise directed by the council. Sec 2. The city shall be divided into five districts, as follows: Division of city The first district to be composed of all that portion of the city south of the line of Park avenue ; the second district, all that portion of the city lying between the line of Park avenue on the south, and the line of Myrtle street and Clark avenue on the north; the third district, all that portion of the city lying between the line of Myrtle street and Clark avenue on the south, and the line of Christy avenue and Green street on the north ; the fourth 23 354 FniE DEPARTMENT. Location of sig- nal boxes. district, all that portion of the city lying between the line of Green street and Christy avenue on the south, and the line of Cass avenue and Columbia street on the north ; the fifth district, all that portion of the city lying north of the line of Cass avenue and Columbia street. Sec. 8 . The signal-boxes shall be located as follows : In dis- trict one, station one, on the northwest corner of Lami and Columbus streets. Station two, on the northeast corner of Victor street and Carondelet avenue. Station three, on the northeast corner of Lafayette street and Carondelet avenue. Station four, on the south St. Louis fire-engine house. Station five, on the southwest corner of Decatur and Soulard streets. Station six, on the southwest corner of Menard street and Park avenue. Station seven, on the northwest corner of Linn and Soulard streets. Station eight, at the house of John William Krone, on the Gravois road, in Devalsey addition. In district two, station one, on the northwest corner of Almond and Main streets. Station two, on the southwest corner of Lombard and Third streets. Station three, on the Phoenix fire-engine house. Station four, on the northwest corner of Seventh and Gratiot streets. Station five, on the southwest corner of Barlow and Orchard streets. Station six, on the northwest corner of Fourteenth street and Chouteau avenue. Station seven, on the southwest corner of Fourteenth and Spruce streets. In district three, station one, on the north- west corner of Walnut and Main streets. Station two, on the southwest corner of Olive and Main streets. Station three, on the southwest corner of Main street and Washington avenue. Station four, on the Washington fire-engine house. Station five, on the St. Louis fire-engine house. Station six, on the southeast corner of Seventh and Elm streets. Station seven, on the Missouri fire-engine house. Station eight, on the old Union number two steam-fire-engine house. Station nine, on the north side of Clark avenue, between Tenth and Eleventh streets. Station ten, on the southeast corner of Twelfth and Olive streets. Station eleven, on the Laclede fire-engine house. Station twelve, on Wells’s omnibus stable, south side of Market street, between Eighteenth and Nineteenth streets. Station thirteen, on the Wedge House, at the junction of Market street and Laclede avenue. In district four, station one, on the northwest corner of' Main and FIRE DEPARTMENT. 355 Carr streets. Station two, on the Liberty fire-engine house. Station three, on the south end of the City market house. Station four, on the southeast corner of Broadway and Columbia street. Station five, on the southwest corner of Wash and Eighth streets. Station six, on the northwest corner of O’Fallon and Ninth streets. Station seven, on the northwest corner of Christy avenue and Eleventh street. Station eight, on the Franklin fire-engine house. Station nine, on the southwest corner of O’Fallon and Fourteenth streets. Station ten, on the southwest corner of Fifteenth street and Franklin avenue. Station eleven, on the north side of Morgan street, in front of the blind asylum. Station twelve, on the Jefferson engine house. In district five, station one, on the Mound fire-engine' house. Station two, on the east end of the Sturgeon market house. Station three, on Ashbrook’s pork house, west side of Broadway, betAveen Harrison and Dock streets. Station four, on the southwest corner of Broadway and Salisbury street. Station five, on the soutliAvest corner of Madison and Fourteenth streets. Sec. 4. The alarm-bell of the first district shall be the bell of Alarm beiis des- the south St. Louis fire-engine house ; the alarm-bell of the second and third districts shall be the largest liell of the cathedral, north side of Walnut street, between Second and Third streets ; the alarm-bell of the fourth district shall be the largest bell of the St. Francis Xavier church, on the soutlnvest corner of Ninth and Green streets ; the alarm-bell of the fifth district sliall l)c the bell of the Mound fire-engine house : Provided^ that no ])ell, other than those specified in this ordinance, shall be rung as indicating an alarm of fire, except and until after one of tlie bells herein named shall indicate such alarm ; and any person or persons who shall ring any bell in violation of this provision, except steamboat-bells at the levee, shall be deemed guilty 'of a niisde- Penalty for rinK- . ^ , iiiK alarm on meaner, and shall, upon conviction, be punished by a fine of not beiis. less than ten dollars nor more than one hundred dollars, to be sued for and collected like other penalties. Sec. 5. The board of fire engineers shall have the entire care Board to havo ° ^ care of all appa- and management of the rooms, apparatus, and machinery of the etc said system, and designate the persons to whom shall be entrusted fj’ keep key^o? the keys of the signal-boxes. They shall' apjioint five operators, App^inT^Tpera- one oP whom shall be chief operator, who shall hold his office for 356 FIRE DEPARTMENT. two years, and two assistant operators, to be under tlieir control and direction ; and, in like manner, from time to time, fill any vacancy that may occur in that number by resignation, dismissal. Adopt rules for or Otherwise. They shall adopt rules and directions for sivina: alarms, • i i f ^ ® ° signals and sounding the alarms not herein provided for, and have power to alter and change the same from time to time ; all of which rules, directions, alterations, and changes, shall be binding upon all persons after a copy of the same shall have been placed on file in the office of the chief engineer of the fire depart- ment and the city register, and published in the same manner as the ordinances of the city are published : Provided^ that the council shall at all times have the power to amend, alter, or annul Keep record of the same. The said committee shall cause to be kept at the transactions, statioii a rccord of all their transactions. Duties and pow- Sec. 6. The chief operator shall act as secretary of said board, erator,^ without additional compensation, and, under their direction, have the charge of said system, and be responsible for the constant good repair and working condition of the same. He shall deliver the keys of the signal-boxes to the persons designated by the said committee, take receipts therefor, and preserve the same on file in his office. He shall investigate the cause of all false alarms, and have power to recall the keys of the signal-boxes, and cancel the receipts for the same, when, in his judgment, said keys are in improper hands : Provided^ he shall immediately report the facts of the case to the said committee, whose decision shall be final. He shall control and direct the duties of the operators, and have power to discharge them for neglect or violation of rules and regulations : Provided, any operator so discharged shall have the right of appeal to said committee, Avhose decision shall be final. He shall, on the first Monday of each month, cause to be made to the auditor a full account of the amount due for salaries and repairs, signed by himself and a majority of said committee, for which amount the auditor shall draw his warrant on the treasurer in favor of said superintendent, for the use of fire- alarms. He shall take a receipt from all persons to whom any money shall be paid on account of the said system, and keep a record of the same in liis office. He sluill keep a record of the exact time and location of each alarm, and a register of the number of blows struck upon each bell. He shall, on the first FIRE DEPARTMENT. 857 Monday in January, April, July and October oP each year, make a certified statement to the council oP the entire expenses, opera- tion and condition of the said system ; a copy oP all the records, reports, and files, herein referred to, shall at all times be open in his office to the inspection of any member of the council. Sec. 7. It shall be the duty of the members of the police Duties of police . Ti IT key-holders department, and key-holders, immediately upon the discovery or in case of tire, authentic information of a fire, to communicate the fact to the central station by means of the signal-box nearest to the fire in the district in which the fire may exist, in accordance with the rules and directions referred to in this ordinance ; and it shall be the duty of the night police, upon an alarm being given or sounded upon any of the bells connected Avith said system, to give further notice thereof, in their respective beats, by crying ‘‘ fire !” and the number of the district in Avhich the fire exists ; and if any police- man shall violate any of the provisions of this section, he shall, upon conviction, forfeit and pay a fine of five dollars. Sec. 8. No person shall open any of the signal-boxes con- ofienses con- nected with the fire-alarm telegraph system for the purpose of boxes and alarm 1 .... , 11- telegraph. knoAvingly giving a raise aiarm, or turn the cranks therein, except in case of fire ; or tamper, meddle, or interfere in any Avay Avith said boxes, or any part thereof, by cutting, breaking, injuring, or defacing tlie same; or cut, break, or injure in any Avay, the Avires, or their supports, connected Avith any part of said system ; nor connect the same by any communication so as to interrupt the proper Avorking of the said system, or Avith intent so to do; or injure, lireak, or destroy any machinery or fixtures connected Avith tlie said svstem, or any part of the same; and any person Ponuty for vio- 1 1 11 1 "•! f. 1 11. 0 1 • • o 1- lating this sec- AvJio shall be guilty or a breach or any or the provisions or this section sliall forfeit and pay a fine of not less than tAventy-five dollars nor more than tAvo hundred and fifty dollars, to be sued for and collected like other penalties. Sec. 9. If any person entrusted Avitli the keys of the signal- Penalty for mak- boxes shall knoAvingly make, or cause to be made, an impression jj«‘yyto signal- er copy of said key or keys, except by Avritten order of the com- mittee, such person or persons shall be deemed guilty of a misdemeanor, and be subject to a penalty of not less than ten dollars nor more than one hundred dollars, to be sued for and collected like other penalties. 368 FIRE DEPMITMENT. Oath of opera- tors. Powers of board in extending sig- nal and alarm circuits. Mayor to ap- prove expendi- tures incurred. P’ire limits de- scribed. Sec. 10. The operators, before entering upon their duties, shall be qualified by oath or affirmation that they will faithfully observe the laws of the State of Missoui-i and the ordinances of the city of St. Louis, and will perform, to the best of their ability, the duties of their respective offices. Sec. 11. The board shall have the power to make such altera- tions and extensions in the signal and alarm circuits as the necessities of the telegraphic system may from time to time require, and to provide for its completion and efficient operation at all times : Provided^ however , that such alterations and extensions shall be consistent with and adapted to the require- ments of the fire department ; and j^rovided further^ that no expenditure shall be incurred, by virtue hereof, without the written approval of the mayor, which shall be entered on record in the official proceedings of said committee. ARTICLE III. Fire Limits and the Prevention of Fires. Section 1. The following are established as the fire limits of this city, and within said limits it shall be unlawful to erect any buildings the outer walls of which are, in whole or in part, constructed of wood, viz : Beginning at the intersection of Balm street with the Mississippi river; thence along Balm street to Tenth street; thence westwardly, along Davis, to Twelfth street; thence soutlnvardly, along Twelfth, to North Market street ; thence westwardly, along North Market, to Fifteenth street ; thence along Fifteenth to Mullanphy street ; thence west, with Mullanphy, to Seventeenth street; thence south, with Seventeenth street, to Cass avenue ; thence west, with Cass avenue, to Garrison avenue; thence south, with Garrison avenue, to Olive street; thence on Olive street, to Bratte avenue ; thence southwardly, along Ib*atte avenue, to Clark avenue ; thence east, on Clark avenue, to Tayon avenue ; thence southwardly, along Tayon avenue, to Cooper street ; thence westwardly, along Cooper street, to a point whicli would intersect Missouri avenue if said Missouri avenue Avere protracted nortli ; thence soutlnvardly, along said Missouri avenue line, to Ibirk avenne ; thence Avestwardly, along Bark avenue, to Jelferson avenue ; thence south, in the center of Jelferson avenue, to FIRE DEl^ARTMENT. Lafayette avenue ; thence eastwardl}^, along Lafayette avenue, to Second Carondelet avenue ; tlience southwardly, along Second Carondelet avenue, to its intersection with the south line of the new limits of the first ward; thence eastwardly, along said south- ern new limits line, to the river. No buildings, unless strictly fire-proof, shall be used for the purpose of smoking meat within the above-prescribed fire limits. Sec. 2 . The erection of such l)uildmgs upon any block not included within the aforesaid limits may be prohibited upon application to the mayor to that effect, in writing, signed by the owners of the greater part of the ground situate in the block. Such application shall be accompanied l)y a plat of the block, designating the property of each owner by his name, if ascertain- able, being written on the portion of the plat representing his prop- erty ; and upon the mayor being satisfied that the applicants are the owners of the greater part of the property in such block, and that such plat is correct, he shall grant an order, in writing, pro- hibiting the erection thereafter of any such buildings on such block. Sec. 3. The application, plat, and order aforesaid shall be delivered to the chief engineer of fire department, who shall immediately file the same in his office, and record the application and order in a book to be kept by him for that ])urpose, and give public notice of the order in the news])apers employed by the city; and thenceforth no such building shall be erected on such block. The expense of the publication of such notice shall be paid to the city by the applicants at the time of delivering the papers to him to be I’ecorded, and the publication of the notice shall not be made until such expense shall have been paid. Sec. 4. The mayor, upon being infoianed that any person is erecting a building in violation of this ordinance, shall recpiire the chief engineer of fire department forthwith to raze the same, who shall immediately execute the order, and collect the expense from the person owning or erecting the same. Sec. 5. Whoever shall, in person, or by another, erect any building in violation of this oi’dinance, shall forfeit and ])ay a sum not less than fifty nor more than five hundred dollars, and a further sum, not exceeding twenty dollai-s, for every day more than ten that such building shall be suffered to remain standing after he shall be convicted of erecting the same. No building un- less lire - proof, to be used for smoking nie:it Erection of wooden build- ings may be i)ro- liibited in other blocks. Proceedings ne- cessary. Applications, etc., to be re- corded. Order to be pub- lished. Expenses of publication, how paid. Huildings in vio- lati(m of ordi- nance to lie razed. Penalty for vio- lating this ordi- nance. 360 FIRE DEPARTMENT. Stoves, how set up. Stove-pipes and chimneys, how protected. Penalty for dis- obeying chief engineer. Inflammable substance not to be boiled in street Shavings, etc., not to be burned in street. No light to be used in stables, etc. Ilay, etc., to be protected from fire. Iturning coal not to be exposed in street, etc. Firearms not to l)e discharged in city. Sec. 6. No person shall set up or use a stove the top or any side of which shall be within two feet of any part of the wood- work of the wall or partition of any building, without protecting such wood- work with a metallic covering, so as effectually to prevent the same from taking fire from such stove. Sec. 7. In all cases where a stove-pipe projects or passes through the roof or wood- work of a building, the pipe shall be separated from such roof or wood- work at least six inches, by sheet- iron or other incombustible material, and shall project above or beyond the roof; or, where a chimney or smoke-stack has been erected, to the hight designated by the chief of the fire department ; and any person or persons refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and fined not less than fifty nor more than one hundred dollars for each offense. Sec. 8. No person shall, in the city, boil any pitch, tar, rosin, turpentine, varnish, or other inflammable substance, unless the same be done in an open place, at least thirty feet distant from any building, boat, vessel, or other property that might be injured thereby, or in a fire-proof building. Sec. 9. No person shall burn any shavings, or other com- bustible matter, in any street, alley, or other thoroughfare or public place, or near any inhabited place in this city. Sec. 10. No owner or occupant of a livery stable, or other stable, in this city, shall, by himself or those in his employ, use therein, or in any place containing hay, straw, or other com- bustible matters, any lighted candle, or other light, except the same be securely kept within a tin, horn, or glass lantern. Sec. 11. No person sliall, in this city, have, put, or keep any hay or straw, in stack or pile, without having the same inclosed or secured so as to protect it from flying sparks of fire. Sec. 12. No person shall, in this city, carry, or cause to be carried, in any street or other thoroughfare, any burning coal or brand, unless the same be shut up in a covered vessel. Sec. 13. No person, not being on duty in a military corps and acting under orders tVom the commander thei*eof, or not lieing a manufacturer of fii*e-arms and trying or })roving articles manufactured by him, so as to not endanger or injure persons or FIRE DEPARTMENT. 3G1 property in tlie ncigliborliood, shall (liscliarge any kind of fire- arms in this city. Sec. 14. No person shall, in this city, discharge or set off any rockets, or other pyrotechnic exhibition, without the written consent of the mayor, specifying the time and place when and wdiere the same may be done. Sec. 15. No person shall, in this city, fire or set off any squib, cracker, or other fire-works not previously designated. Sec. 16. Any person setting up any stove or furnance in any building in this city shall place the same on a platform of brick, sheet- iron, or other incombustible substance, extending at least six inches in every direction beyond that part of the lower plate which fronts the door of the stove or furnace. Sec. 17. The owner or occupier of any house, shop, or other building in this city, shall cause the fines or chimneys thereof to be swept or burnt out as often as may be requisite to keep the same clean. In cases of burning out a fine, it shall be done in the day time, and only when rain is falling or when the roof of the building is covered with snow. If any person shall suffer the fiues of a house occupied by him to take fire, or be fired, at any other time than herein expressed, he shall be liable to the penal- ties hereinafter prescribed. Sec. 18. Whoever shall violate any of the previous provisions of article third of this ordinance, contained in the sections succeeding fifth section, shall forfeit and pay a sum not exceeding one hundred dollars. Sec. 19. The street inspectors, or chief engineer, shall have powxr to require all persons to correct, remove or abate any state of things done, caused, suffered, or ])ermitted by them, in viola- tion of this ordinance ; and upon their failure to comply with such requirement to correct, remove, or abate the same themselves, calling, if necessary, the assistance of the city ])olice ; and al^ costs attending their action in such cases shall be recovered against the party offending ; and any person or persons i-efusing or neglecting to conq)ly with the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and fined not less than fifty nor moi-e than one hundred dollars. Sec. 20. In case of a fire occurring on any steamboat or other vessel in the harbor of the city of St. Louis, it shall be lawful for Rockets, etc., not to be set oft’ in city, except. Fire - crackers, etc., not to be set olT. Stoves, bow to be set up. Chimneys to be cleaned, when. Penalty for vio- Idtiiift ordi- nance. Chief engineer, power to rKinire corrections. Penalty for dis- obedience to. Steamboat burn- ing, to be re- moved from landing. 362 FIRE DEPARTJ^IENT. other boats may be employed to tow out. Compensation for use of steam boat in lowing. Loss to be borne by city. Boats at landing to be moored. Penalty for vio- lation. Steamboat not to be set adrift. Penalty. Persons build- ing to make statement and obtain permit. tlic mayor, or, in case lie is not present, for the harbor- master, or cliief engineer of the fire department, to charter and take possession of:' any steam ferry-boat, or otlier steamboat, at the landing, which may have steam up, or can soonest be got ready, and immediately put said steamboat into sei'vice to tOAV the burning vessel or vessels, or other steamboats likely to take fire, into a place of security, and to keep the same so engaged as long as necessity shall recpiire. Sec. 21. xi reasonable compensation shall be paid, on the certificate of the mayor, out of the contingent fund of the city, for the use of any steamboat or ferry-boat so employed ; and, whilst in the service of the city as aforesaid, such steamboat or ferry-boat shall be at the risk of the city, and be paid for by the corporation if destroyed by fire or sunk, or repaired at the city’s expense in case of partial injury. Sec. 22. All steamboats and wharf -boats lying at the levee, within the harbor of the city of St. Louis, shall be safely moored and secured to the ringbolts on the wharf, by a good and suffi- cient iron head- chain and breast- chain to each boat ; and the master, owner, or person in charge of any steamboat or wharf- boat not so secured, shall be deemed guilty of a misdemeanor, and be liable to a fine, on proof before the recorder, of not less than fifty nor more than one hundred dollars ; and it is hereby made the duty of the harbor-master to enforce this provision, and report all parties offending against the same. Sec. 23. Any person who shall cast loose the fastening of, or set adrift, any steaml)oat or wharf-l)oat Avhich may be on fire in the harbor of St. Louis, unless by order of the mayor, harbor- master, or chief engineer of the fire department, shall be deemed guilty of a misdemeanor ; and shall, on conviction before tlie recorder, be fined in a sum not less than one hundred nor more than five hundred dollars. arttclp: IV. Inspection of BuUdin^s^ and Prevention of Fires. Section 1. When any person sliall be a1)out to erect a house or building within tlie city of St. Louis, he shall make a written application to the cliieF engineer of the fire department, stating FIRE DEJ^ARTMENT. the luiuibei’ and extent of:' tlie building, the estimated cost, tlie exact S})ot ot' gi’ound on which to be built, and tlie contract time for completion; and thereupon said officer shall, after inspecting the jireniises, issue a permit to occupy such a part of any street or alley for the purpose of placing thereon a lime-house or build- ing materials, and for such time as may be necessary. Any person or persons building without having first obtained such permit, or violating the same after having obtained it, shall be immediately reported to the recorder, and fined not less than Penalty, fifty nor more than one hundred dollars. Sec 2. It shall be the duty of said officer to have a general Powers and du- . . , . . e n 1 -1 T -1 e lies of chief en- supervision and inspection ot all buildings in the course ot gineer touching . , . ^ T erection of construction ; to cause to be carried into enect all ordinances buildings, provided for the prevention of fires, and for demolishing walls and other structures which endanger life and property ; to see that all outside partition and parapet walls are constructed of marketable material, and of sufficient strength. He shall remove or prevent the construction of any fire-place, hearth, chimney or stove in any building, which may be dangerous in causing or promoting fires ; he shall direct the safe construction for the deposit of ashes ; and may enter into, at all reasonable times, and examine all dwelling houses, lots, yards, and inclosures, in order to discover if they are in a dangerous state, and to cause such as may be unsafe to be put in a safe and secure condition. Sec. ?). Any person who shall erect a house or building in the Penalty for vio- city without first taking out a permit, and in other res})ects com- plying with the re(|uirements of section four of this ordinance, or who shall fail or refuse to conform Avith the instructions of said officer, in compliance with the reipiirements of this ordinance, shall be deemed guilty of a misdemeanor; and, on conviction thereof, shall be fined not less than five nor more than one hundred dollars for the first offense, and not less than ten dollars nor more than two hundred dollars for any subseipient offense : Provided., however^ that such party shall be served with a notice in writing, setting forth distinctly some one of the dan- gers hereinbefore stated, Avith instructions to remedy the same without delay. Sec. 4. It shall be the duty of said officer to keep a record of Engi neer to re- all permits issued, which shall be regularly numbered in the order and statements. 364 FIRE DEPARTj\IENT. Register of l»nil(iings erec- ted. Powers of engi- neer touching origin of tires. Permits for re- pair of houses, how obtained. Duties of mayor and chief engi- neer concerning dangerous build- ings. Penalty for dis- obeying notice of mayor. of their issue, and also a record of the statements upon which permits are issued, -and return the same to the city register at the end of every six months. He shall also keep a record of, and report to the common council, a full and complete register of the number, description, and size of every building erected in the city during his term of office ; of what materials con- structed, with the aggregates of the number, kind and cost of all buildings. Sec. 5. It shall be the duty of said officer, upon the occurrence of every fire, instantly to repair to the spot and make diligent search and inquiry as to the probable cause thereof. He shall make a written statement, which shall be sworn to by him, and immediately published in the newspapers doing the city printing. He shall have power to make arrests of persons whom he has good reason to believe are incendiaries, and to administer oaths, and take the testimony of creditable witnesses who may be cognizant of any fact pertaining to the origin or cause of the fire. Sec. 6. The requirements of section one in relation to the issue of permits shall apply to persons about to repair houses, provided they design to occupy any portion of the street on which to place building materials. Sec. 7. Whenever the mayor shall be informed that any build- ing or other structure is in a situation to endanger the lives of persons passing by or residing in the vicinity thereof, or endanger property, he shall fortlnvith notify the chief engineer of tlie fire department, wdio shall proceed to make a survey of said building or structure, and report to him his opinion of the same. Ifc‘, from said report, the mayor shall believe that said building or other structure is in a situation to endanger the lives of persons, or injure property, he shall immediately notify the owner or agent of such building or other structure to have the same removed, or otherwise properly secured, within twenty-four hours thereafter ; and should he or they fail to comply with said notice, it shall be the duty of the said officer to proceed forthwith to have the same demolished, or so much thereof as may be necessary. And if any sucli owner or agent shall fail to comply with the re(iuire- ments of such notice, he or they shall be deemed guilty of a breach of this ordinance, and subject to a fine of not loss than fifty dollars, nor exceeding one hundred dollars, to be sued for FIRE DE1>ARTMENT. 8f)5 and recovered before the recorder, as iii other cases of ])reaches of ordinances. Sec. 8. The cost of demolishing walls and other structures which endanger life and property, provided for by this ordinance, shall be charged to the owners of such walls and other structures, and shall be collected of them by the collectors of the ward in which the same may be. The comptroller shall make out said bills and place them in the hands of the collectors, to be returned in twenty days if not paid ; and in case of a failure to pay said bills, he shall place the same in the hands of the city counselor, to be sued for as in case of other debts due the city ; and should said bills be paid upon presentation, the same shall be paid over by the collectors into the treasury, and credited to contingent fund. Sec. 9. The above-named cost shall, in the first place, be paid by the city out of the contingent fund. Cost of demol- ishing walls, how collected. ARTICLE V. Gim])(nvder and Hemp. Section 1. Not exceeding one pound of gunpowder shall be Gunpowder, how allowed to be kept by any person or persons in any store, dwell- ing, building, or other place within the city, except retailers or venders of gunpowder in small quantities, Avho are authorized for that purpose to keep any quantity not exceeding thirty pounds : Provided, the same be kept in tin or metal canisters, or stone jars, Avith good and closely-fitted and Avell-secured covers upon such canisters or jars. Sec. 2. Every retailer of gunpoAvder shall place on the build- Sign to bo kept • i ' • 1 1 1 (. 1 announcing gull- ing containing the same, over or at the side of the front door powder tor sale. thereof, a sign, Avith the words “ Rowdeu for Sale” printed thereon, in letters at least three inches in hight. Sec. 3. No person shall carry gunpoAvder on any vehicle, in Gunpowder, how any part of the city, unless the same shall be secured in kegs, through streets, boxes, or canisters, sufficiently close to prevent the grains thereof from falling out, and be laid upon and covered over with sheets of canvas or other cloth, under a penalty of one hundred dollars, penalty. Sec. 4. Whoever, having charge of any vehicle carrying more penalty tor than one keg of twenty-five pounds of gunpoAvder, and shall have certain such vehicle with the gunpoAvder thereon Avithin the limits of the 866 FIRE DEPARTIMENT. Snfflcipnt for trade may be kep t . Boats carrying gunpowder sub- ject to certain restrictions. Penalty for vio- lation thereof. Regulations for unloading gun- powder from boat, etc. (tunpowder to be taken to mag- azine when un- loaded. city for a longer time than one hour, and whoever shall suffer more than one keg of twenty-five pounds of gunpowder in his charge to be upon any street, alley, or sidewalk, longer than thirty minutes, shall, in either case, forfeit and pay a sum not less than ten nor more than fifty dollars ; Provided^ howtiver^ that such quantities of gunpowder as may be required for the supply of' merchants and of wholesale dealers making up bills for the country trade may be brought into the city from the powder magazines or depots without the city during the day, and such powder shall be allowed to be kept in the city during the business hours of the day. Sec. 5. No steamboat or other water-craft shall be allowed to land, touch, or remain at any part of the wharf or public landing, which has laden upon it any quantity of gunpowder exceeding three hundred pounds, except at the places and upon the conditions and under the restrictions hereinafter provided ; and any master, owner, agent, or person in charge of any boat, or other water- craft, who shall violate the provisions of this section, shall be subject to a fine of not less than fifty dollars nor exceeding three hundred dollars for each violation thereof. Sec. 6. Any boat, vessel, or water-craft, laden in whole or in part with gunpowder, may deliver the same to the owner or consignee thereof, at the port of St. Louis ; but the same shall not be unladen at any point or part of the wharf' or public land- ing between the north line of Myrtle street and tlie south line of Florida street ; and l)efore any gunpowder, in (piantity exceeding- one hundred pounds, shall be unladen from any boat, vessel, or other water-craft, it shall be tlie duty of the master, owner, agent, or other person in charge of said boat, vessel, or other water-craft, or the owner or consignee of such powder, to notify the city marshal, or one of his deputies, of the design and intention to uidoad such powder; and, upon being notified as aforesaid, it shall be the duty of the marshal or deputy (as the case may be) to superintend and see that such powder is securely uidoaded, and all the provisions of this ordinance observed. Sec. 7. All gunpowder taken or unladen from any boat or vessel, in quantity exceeding one liundred pounds, sliall not be allowed to remain on any part of tlie wharf or public landing, nor on any street, lane, or avenue ; but the same, as soon as FIliE DEPARTMENT. ‘) o G7 luiided, shall be removed forthwith, in a proper and secure manner, as hereinbefore provided, bj the most direct route from the place of unloading to the magazine or place of depot beyond the city limits. Sec. 8. Any person or persons desiring to ship or load any iiPRuiations for ^ >■ CD I ^ shipi)iii<; gun- powder upon any steamboat or vessel about to de})art from the powder. port of St. Louis, shall notify the marshal, or one of his deputies, of such desire, the name or description of the boat or vessel, and the place from whence the powder is intended to be shipped ; and it shall be the duty of the marshal or his deputy (as the case may be), on being notified as aforesaid, to superintend and see that such powder is safely and securely transported by the most direct route to the boat or vessel on which the same is designed to be shipped or loaded, and see, also, that such powder is securely conveyed from the landing on board of such boat or vessel, and deposited thereon in a secure place from fire. And any boat or vessel, after having shipped aboard, as aforesaid, at the port of St. Louis, any (piantity of gunpowder exceeding one hundred pounds, shall not be allowed to touch at, moor, or remain at any other part or portion of the wharf or public landing ; but such boat or vessel shall proceed on her intended voyage without any unnecessary delay, and in no event remain within the corporate limits of the city exceeding six hours thereafter. Sec. 9. Whoever shall, knowingly, bring within the corporate penalty fur limits of the city any (piantity of gunpowder, concealed in a box, Ir'cTty'i barrel, parcel, package, or other thing, marked and purporting to be other than gunpowder, shall forfeit and pay five hundi’ed dollars, and the gunpowder so concealed shall be forfeited and seized, and sold by the marshal, as hereinafter provided. Sec. 10. If any affidavit be presented to the mayor, showing Mayor to is ue probable cause to believe that any person kee})s, has, })ossesses or fo^’^guirpiwJipJ, conceals any gunpowder, in violation of this ordinance, he shall issue to the city marshal a search-warrant, commanding him to search any place in cpiest of such gunpowder, which warrant shall be forthwith rigidly executed. Sec. 11. Whoever shall violate any of the provisions of this Penalty for vio- article, and if no specific penalty or fine is prescribed for such nance.*''** violation, the person or persons guilty of any sucdi violation, on conviction thereof, shall be adjudged to pay a fine not less than 368 FIRE DEPARTMENT. Gunpowder in violation of or- dinance to be seized. Marshal to sell gunpowder seized. Provisions con- cerning hemp and hay. Penalty. nemp manufac- tories not pro- hibited in cer- tain limits. Baled hemp, how long to remain on wharf. This article to extend to com- mon. one hundred dollars, and not exceeding five hundred dollars. And all gunpowder kept, stored, removed, transported and exposed within the city, or unladen from, or laden upon, any steamboat or vessel, contrary to and in violation of any of the provisions of this ordinance, shall be liable to be seized by the city marshal, or by any city officer cognizant of the fact ; and it is hereby made the duty of the city marshal, and all other city officers, forthwith to seize such powder and convey the same to a safe place beyond the city limits ; and any and all quantities of gunpowder seized as aforesaid shall be sold by the city marshal, at public vendue, to the highest and best bidder, for cash, first giving three days’ notice of the time, place, and terms of such sale in the newspapers employed by the city. Sec. 12. No baled hay, hemp, or cotton shall be stored between Wash street and Chouteau avenue, and the levee and Twelfth street : Provided^ hoivever, that baled hay may be kept for retail and packing purposes in quantities not exceeding twenty- five bales at any one place. No loose hay that will endanger contiguous property by its burning shall be stored on any lot or in any building within the city limits : Provided^ however^ that loose or baled hay may be kept in stables for immediate use. Any person violating the provisions of this section shall be fined not less than one hundred and not more than five hundred dollars. Sec. 13. The provisions of the foregoing section shall not be held to prevent the establishment of manufactories of hemp in the city of St. Louis, without the fire limits of the same: Provided^ that the buildings for said purpose shall be so constructed as to be fire-proof without. Sec. 14. Baled hemp shall not be permitted to remain on the wharf for a longer time than twenty-four hours after the same is landed. Sec. 15. The provisions of this article are extended and declared to be in force over the St. Louis common. All ordi- nances or parts of ordinances conflicting with the provisions of this ordinance, are hereby repealed. Approved, August 30, 1864. FUND COMMISSIONER 309 (No. 4307.) FUND COMMISSIONER. AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF A FUND COMMISSIONER. Compensation of fund coramis- siouer Fund commissioner,^ how ap- pointed term of office of. duties of. I 3 1 1 2 Fund commissioner,, compensa- tion of Mayor, to appoint fund commis- sioner annual settlement to be filed with 3 1 2 Be it ordained hy the Common Council of the City of St. Louis . Section 1. The mayor of the city of St. Louis shall, as soon Fundcommis- \ sioner. after the passage of this ordinance as practicable, nominate to the board of aldermen, to be confirmed by them, an officer to be called the “Fund Commissioner,” who shall hold his office for Term of office. two years from and after his appointment and confirmation, and until his successor is appointed and qualified, unless sooner removed for cause. Sec. 2. The said fund commissioner shall perform all the duties required by act of the general assembly of the State of Missouri, entitled “An act to provide for the reduction of the city debt of the city of St. Louis,” approved March 5, 1855; and make an annual settlement with the mayor in duplicate, one to be filed and preserved in the office of the comptroller, the other to be delivered to the commissioner. Sec. 3. The said fund commissioner shall receive, in full compensation, compensation for his services, five hundred dollars per annum, to be paid out of the appropriation for salaries. Approved, January 15, 1859. 24 0 HARBOR DEPARTMENT. (No. 5420.) HARBOR DEPARTMENT. AN ORDINANCE ESTABLISHING AND REGULATING THE HARBOR DEPARTMENT. Accounts s harbor-master to keep of certain moneys II, \ 1 Affidavit for proceeds of certain sales, how made II, 10 Alton packets^ wharf-boat of.. .VI, 2 rate of wharfoge for VI, 2 Atlantic and Mississippi steatnship company^ wharf of. VI, 12 not to obstr uct carriage-way VI , 13 may erect shed on levee VI, 14 rent to be paid by VI, 15 Auditor^ harbor-master to settle with II, 1 treasurer to report to II, 9 to draw warrant for proceeds of .sales, when II, 10 to draw warrant for deticit in sales, when II, 11 lumber- measurers to settle with V, 7 wood-master to settle with...V, 7 Baled hay ^ when to be removed from wharf. V , 9 Baled hemp, when to be removed from wharf. V, 9 Barges, harbor-master to direct mooring of II, 7 owners of, refusing to obey harbor-master .II, 7 not to land in front of water- works II, 13 rates of wharfage on V, 13 refusing to permit measure- ment of. V, 13 Boards, lumber - measurers to measure Ill, 3 expen.se of handling, how paid Ill, G how assorted and measured... Ill, 7. 13, 14, 15 how classed Ill, 9, 10, 11, 12 where landed Ill, 17 wharfage on V, 18 fees for measuring V, 19 Boats, leaking, to be removed from harbor V, 4 sunk, duties of harbor-master concerning V, 5 wharfage on V. 13, 17 refii.sing to permit measure- ment of V, 13 Bond, of lumber-measurers Ill, 1 Bond, wood -master to give, IV. \ 2 of wood-master, amount of.. IV, 3 to be given on ferry license VII, 4 Cargo, time allowed to discharge and take in V, 2 harbor - master may extend time tor discharging V, 3 Certificate of measurement , lum- ber-measurers to give Ill, 8 Certificates of wharfage, what to contain V, 21 Chamber of commerce, to regu- late dunnaging of freigbt..V, 29 Clapboards , wharfage on V, 18 Coal, not to be landed on paved wharf. IV, IG rate of wharfage for landing IV, IG Coal-boats not to pay wharfa^eV, 15 Cobble-stone, space for landing set apart A, 2G regulations for landing V, 27 Combustible materials, harbor- master to .‘;ee protected II, 1 Common council, harbor-master to report to II, 1 lumber-measurers to i-eport toV , G wood-master to report to V, G may direct ferry license to i.ssue VII, 3 Compensation, of harbor-master for conducting .«ales, etc...II, 11 of special policemen II, 12 Comptroller, to ascertain expense of removing goods, etc II, 9 treasurer to report to II. 9 to manage sale of goods II, 9 Cooper's stuff, wharfage on V, 1^' fees for measuring.. V, 19 Cord of f /'ewood, amount of, fixed. IV, ^ Craft, landing Height, to hav(? name painted on IV, 15 not having name on, penalty.. IV, 15 Deputy harbor-masters, nu'inbers of department I. 1 Deputy lumber-measurers^ lum- ber- mea.su rers to kee]) V, 22 Deputy wood-masters , wood-mas- t(*r to keep V, 22 Discharging cargoes, time alloW(*d for.....' ! V, 2 HARBOR DEPARTMENT. Drift-wood^ not to be stopped at certain place V, I 12 Dxuinaqinq btisuxcss, how carried on V, 29 Expenses of removing wreck, how paid V, 5 Fees^ of wood -master IV, 7 of himber-measurers V, 19 Ferriage^ rates of VII, 13 Ferries^ provisions concerning VII not to be kept Avithout license VII, 1 petition to common council, to be kept VII, 2 common council may direct license to issue for VII, 3 mayor may direct license to issue for VII, 6 duties of keepers of. VII, 7 failing to convey passengers or property VII, 7 license to be revoked, wheiiVII, 8 keepers of, may be sued on their bond, when VII, 9 Ferry-boats^ harbor-master to keep landing of clear II, 2 not to pay wharfage V, 15 place of lauding of, harbor- master to direct VII, 10, 11 how to cross the river Vll, 12 how long to remain at land- ing VII, 12 copies of certain ordinances to be posted in VII, 14 failing to post up copies of ordinance VII, 14 Firewood^ wood- master to direct landing of. IV, 4 wood-master to measure and collect charges on IV, 4 wood-master to control wharf in regard to IV% 4 taking, from cords measured IV, 4 rates of wharfage on IV, 5 not to be placed on paved wharf. IV, 5 how to be measured IV, 0, 10 how to be sold IV, 0 sold in wood -yards, keeper to furnish ticket IV, 14 furnishing less than ticket calls for IV, 14 when to be removed from landim? V, 11 Flat-boats, not to land in front of waterworks 11, 13 wharfage on V, 14 Front street^ harbor-master to supervise..... II, 1 General instructions concerning harbor department ^.V Goods, remaining on wharf, to be removed, how II, 8 Goods, cost of removing, how paid II, I 9 hnrbor-mastermay sell, when II, 9 owners, etc. , may receive pro- ceeds of sale of, when II, 10 Gravel, space for landing set apart V, 2(5 regulations for landing V, 27 Harbor, harbor-master may re- quire leaking boats to leave V, 4 Harbor department, established..!, 1' what to embrace I, 1 Harbor-master, member of har- bor department I, 1 duties and powers of..II, 1 — 13; V; 3, 4, 5, 13, 16, 17, 26, 30; VI, 1, 2, 4, 5, 6, 7, 8. may employ laborers and teams, when II, 8 compensation of, in conduct- ing sales II, 11 to collect wharfage for land- ing coal IV, 16 ma^^ extend time for discharg- ing freight ..V, 3 parties to comply with direc- tions of. V, 8 to enforce certain ordinance VI, 5 . Hay, baled, when to be re- moved from wharf. V, 9 Hemp, baled, when to be re- moved from wharf. V, 9 Illinois river packets, where to land VI, 4 Impediments not to be deposited on Avharf. V , 12 Incumbrance not to be deposited on wharf. V, 12 Instructions, general, concern- ing harbor deiiartment V Iron, pig, how long to remain on wharf. V, 10 Joists, lumber - measurers to measure Ill, 3 exp«*nse of handling, Avho to pay Ill, 6 how assorted and measured... Ill, 7, 13, 14, 15 wharfage on V , 18 fees for measuring V, 19 Keel-boats, harbor-master to di- rect mooring of. II, 7 owners of, refusing to obey harbor-master II, 7 wharfage on V, 14 Keokuk packets, rate of wharfage for VI, 3 Ijanding, harbor-master to su- pervise II, 1 to be extended, when II, 6 things on, when to be re- moved V, 9 Laths, where to be landed.. ..Ill, 17 wharfage on V, 18 HARBOR DEPARTMENT. Laths^ fees for measuring. ..V, ^ 19 Lead^ pig, how Jong to remain on wharf ,.V, 10 Licenses for ferries, liow ob- tained yil, 2, 3, 4. 5, 6 register to issue, when VII, 4 applicant to give bond........ VII, 4 register may renew, when..VII, 5 mayor ma}' direct to issue, when VII, 6 'Licenses for lumber - measurers amount to be paid for Ill, 1 Logs., not to be hmded in front of waterworlvs .II, 13 where to be landed Ill, 17 to be cut and measured, wlien IV, 11 not to be cut on wharf. IV, 12 wharfage on V, 18 Lumber., may be landed free of charge, wlien Ill, 4 when to be removed from landing V, II where to be landed Ill, 17 Lumber-measurers., members of harbor department I, 1 harbor-master to control II, 1 provisions concerning Ill to paj^ license Ill, 1 to give bond Ill, 1 exercising office of without authorfty Ill, 2 powers and duties of..III, 4, 5, 6, 7, 8; V, 6, 7, 21, 22, 23 to report to register V, 6 parties to comply with direc- tions of V, 8 fees of. V, 19, 20 to keep deputies V, 22 not to buy or sell certain arti- cles V, 23 Madison county ferry company., register to issue license to... VII, 18 rate for license of. VII, 18 Mayor, to direct posts and ring- bolts jirovided foi’ vessels... II, 5 consent of, to einploj" special policemen II, 12 to approve bond of lumber- measurers Ill, 1 to appoint wood -master IV, 1 to apiirove contracts for re- moving wrecks V, 5 may direct ferry license to issue VII, 6 may revoke ferry license, \Hien VI I, 8 Memphis packets . wharf-boat of VI, 8 Memphis and St. Louis packet company, may erect plat- form. VI, 10 platform of to be used as land- ing VI, 17 Memphis and St. Louis packet company, platform of may be removed, when VI, \ 18 Merchandise, harbor-master to superintend on levee II, 1 to be removed from wharf, when II, 8 cost of removing, how paid..II, 9 harbor-master may sell, when II, 9 owners may receive proceeds of sale of, how II, 10 New Orleans railroad packets, wharf-boat of. VI, 0 Northern line of packets, to re- move wharf-boat VI, 7 Nuisances, not to be deposited on wharf. V, 12 Oath of wood-master IV, 2 Obstructions, harbor-master to see river clear of. II, 1 harbor-master to remove from landing II, 2 parties refusing to remove, how dealt with II, 3, 4 Packet boats, harbor- master to clear landing of. II, 2 , wharfage of. VI, 1 Alton, wharf-boat of. VI, 2 Illinois river, where to land..VI, 4 Keokuk, wharf-boat of. VI, 3 Memphis, wharf-boat of VI, 8 Northern line, wharf - boat of. VI, 7 St. Louis and New Orleans, railroad, wharf-boat of.. ..VI, 6 Memphis and St. Louispack- et company VI, 16, 17, 18 Atlantic and Mississippi steam- ship company Vl, 12, 13, 14, 15 Paving - stones , removing from wharf. V, 28 PewaPies lor certain offenses. ..II, 4, 7, 13; III, 2; IV, 4, 9, 12, 14, 15; V, 13, 24, 25, 28; VI, 11; VII, 7, 8, 14 Pig iron, how long to remain on wharf, V, 10 Pig lead, how long to remain on wharf. V, 10 Planks, lumber-measurer to measure .....Ill, 3 expense of handling, who to pay Ill, 6 how assorted and measured III, 7, 13, 14, 15 how classed Ill, 9, 10, 11, 12 where to be landed Ill, 17 wharfage on V, 18 fees for measuring V, 19 Police commissioners, consent of to employ special police. ..II, 12 Policemen , si)ecial ( see si)ecial policemen). IIAIUWII DEPARTMENT. rosfft, where to be Ijiiuled Ill, 17 wharfage on V, 18 fees lor ineasiirin^ ID Posts and ringbolts, lor fasteniii-e on V, 17 fees lor ineasnrino' V, 19 Rates of charges, t^eneral pro- visions concerning V Rates of ferriage YII Recorder, to smnnion and try certain parties II, 3, 4 Register (city), harbor-master to report to II, 1 to issue license to lumber- measurers Ill, 1 lumber-measurers to report to V, 6 wood-master to report to V, 6 dimnaging- parties to apply to V, 29 to issue license to Alton pack- ets VI, 1 to issue license to ferrv-keep- ers : VII, 4 may renew license to ferry- keepers VII, f) Report of harbor- mastei- to regis- ^ ter II, 1 of liarbor-mastei* to common council II, 1 of lumber-measurers to regis- ter V, G of lumber-measurers to com- mon council G of wood-master to register... V, G of wood-master to common council V", G Ringbolts, harbor-master to keep in repair and supply II, 1, 8 River bank, harbor- master to supervise II, 1 Rales for vehicles on v)harf, har- bor-master to publish II, 1 Salary of wood-master IV, 8 Sale of goods, etc., by harbor- master, how condueted 11, 9 harbor-master to account to auditor II, 11 deficit in expense of, how cov- end II, 11 Scantling, to be measured by lumber-measurers HI, 3 how to be measun'd III, 13, 14, 15 where to b(; landed Ill, 17 when to be removed from landing V, 11 wharfage on V, 18 fees for measuring V, 19 Scavenger boats, harbor-master to clear landing of. II, 2 Shingles, where to be landed..! II, 17 wharfage on V, 18 fees for irn'asuring V, 19 Skids, affidavit of number of, to be made V, 29 amount to be paid for keep- ing V; 29 harbor-mast(*r to direct space to be occupied by V, 30 Special policemen, harbor-master may employ II, 12 compensation of. II, 12 ])owers and duties of. II, 12 how commissioned II, 12 Square timber, 1 imib er-measurers to measure Ill, 3 expense of handling, who to pay Ill, () how assorted and measured III, 7, 13, 14, 15, IG Staves, wharfage on V, 18 Steamboat landing to lio extended, when II, G Steamboats , not to land in front of waterworks II. 13 to have preference in landing V, 1 wharfage on V, 13, 17 refusing to permit nieasure- r ment of. V, 13 landing .set a])art for certain VI, 4 St. Louis and New Orleans rail- road packets, wharf- boat of VI, G Sunday, cargo not to lie r(*ceived or (lischarged on V, 25 Sunken boats, duties of harbor- master concerning V, 5 Timber, lumber - measurers to measure Ilf, 3 expense of handling, who to pay Ill, G how assorted and measured III, 7, IG where to be landed Ill, 17 wharfage on V, 18 fe(;s for measuring V, 19 Tonnage of water-cra ft , harbor- master to register II, 1 Tow-boats, ivspoiisible for wharf- age of boats towed IG subject to same r(*gulations as othei’ boats V^, IG Treasurer, harbor- master to pay cei-taiu momws to "lI, 1 moneys to be j)aid to II, 9 to re|)ort to comptroller and auditor II, 9 lumber - measurers to pa y wharfage to V, 7 wood-master to pay wharfage to V, 7 Vehicles, harbor-master to con- trol on wharf. II, 1 Violating certain ordinance 9 HARBOR DEPARTMENT. ;!71 Wagoners’ stiift’, whurfage on..V, 18 fees for measuring V, 19 Wares, to be removed from wharf. II, 8 cost of removing, how paid..ll, 9 harbormaster may sell, when II, 9 owner maj^ receive proceeds of sale of, how II, 10 Water-craft, harbor- master to direct .Rationing of. II, 1 arrival and departure of, to be registered II, 1 how to be moored II, 7 refusing to obey instructions of harbor-mastei’ II, 7 not to land in front of water- works II, 13 landing freight, to have name painted on IV, 15 Waterworks, harbor - master to prohibit landing in front of. II, 13 11 Aar/’, harbor - master to see clear of obstruction II, 1 harbor-master to supervise and control II, 1 things landed on , when to be removed V, 9, 10 nuisances, impediments, etc., not to be deposited on V, 12 paved, no firewood to be placed on IV, 5 Wharfage, harbor-master to re- port to register II, 1 on firewood, rate of IV, 5 on boats, rates of V, 13 on wharf-boats VI, 1 Wharf-boats, regulations con- cerning VI rates of wharfage for VI, 1 no one to sell or tranship on {Hee packets.) VI, 11 W half fund, certain moneys to be credited to II, g 9 Wiggins’ ferry company, register to issue license to ..VII, 15 license of, may be renewed VII, IG rate of license to be paid by VII, 17 Wood, furnishing less than stated in ticket IV, 14 not to be landed on paved wharf, except IV, 16 Wood-boats, to have names painted on IV, 15 having no names painted on, penalty IV, 15 not to pay wharhi^e V, 15 how long to remixin at land- ing..... V", 15 Wood-master, member of harbor department .1, 1 harbor-master to control II, 1 )rovisions concerning IV. low appointed IV. term of office of IV, 11 oath of. IV, 2 bond of. IV, 2, 3 powers and duties of IV, 4, 5, 6, 7, 8, 11, 13; V, 6, 7, 22 fees of. IV, 7 salary of. IV, S to report to register V, 6 parties to comply with direc- tions of. V, 8 to keep deputies V, 22 not to buy or sell certain ar- ticles V, 23 Wood-yards, keepers to furnish tickets to purchasers IV, 14 Wrecks of boats, duties of harbor- master concerning V, 5 Be it ordained by the Common Council of the City of St. Louis . A R T I c I. p: I . Harbor Department Established. umhor .i.part- SECTION 1. Tlicrc sliall bc a department of the city government styled the Harbor Department,” which shall embrace the harbor- master and his deputies, the lumber-measurers, and the wood- master. ARTICLE II. Ha rbor- Master . Out i(‘s of liiirijor Section 1. The duties of the harbor-master shall be; E'lrsl — To direct the landing and stationing of all water-craft HARBOR DEPARTMENT. y>i h jirriviiig at any point on the river bank within this city, and the discharge and removal of their cargoes, so as to prevent inter- ference between difterent vessels and their cargoes ; to superintend the arrangement of merchandise and materials for repairs, on the river bank, so that the same shall occupy as little space as possible ; to see that all combustible materials on the river bank are sufficiently protected from fire ; to keep the wharf and the river along the shore free from improper obstructions ; to keep in repair the ringbolts provided for fastening vessels ; to regulate and control, by proper rules to be established and published, all vehicles traversing the wharf, and to remove thence such as unnecessarily obstruct free passage upon said wharf or street ; and generally to exercise complete supervision and control over the wharf, river bank, landing, and Front street, and over the lumber- measurers and wood-master. Second — To register in a suitable book the date of the arrival Further duties ° of harbor mas- and departure of every water-craft, except wood and coal boats, ter. with its name and tonnage by custom-house measurement, the name of its master, and the place whence it came ; and to report the same, with the wharfage collected from each, to the city register, under oath, on the last Saturday of each month ; and to report to the council, on the first day of each stated session thereof, the whole amount of arrivals during the preceding six months, the description and tonnage of the vessels, and the amount of wharfage collected therefrom. Third — On Saturday of each week to pay to the city treasurer Further duties all moneys collected by him during that week; and on the first ter. Monday of each month to settle with the city auditor for all moneys collected by him, and for moneys paid out by him, under authority of ordinance, during the previous month, and for blank certificates received by him from the register ; and. Fourth — To keep regular accounts, in suitable books, of all Further duties, moneys received by him and expended on account of the city, JY paid into the city treasury. Sec. 2. The harbor-master shall, at all times, and forthwith, to cause oh- 1 • 1 • 1 1 <• 1 structions to be cause to r)e removed all obstructions which may be round at any removed from landing set apart at the wharf for ferry-boats, packet-boats, or scavenger- boats ; and whenever any such obstruction shall be found to exist, the harbor-master shall at once notify the person 376 HARBOR DEPART]\IENT. having charge or control of such obstruction to remove the same forthwith. or- obstruction be not forthwith removed, the obstru^ctS'^''^' person or persons who caused such obstruction to be placed on the wharf, or the owner or person having control of the same, shall be deemed guilty of a breach of this ordinance, and the harbor-master shall at once report such person to the recorder ; and upon such report the recorder shall issue his summons against the party so reported, returnable forthwith, and shall try the complaint forthwith. Penalty. ggc. 4. If the party so reported, upon trial, be found to be guilty, he shall be fined in a sum not less than ten nor more than two hundred dollars ; and the party so reported shall be liable to the penalties of this ordinance for each day that he shall permit such obstruction to remain. To provide posts gsc. 5. The hai’bor-master shall, under the direction of the and ring-bolts ^ mayor, provide, at the expense of the city, suitable posts and ringbolts for boats and rafts to make fast to, and keep the same in repair, and charge the city with the expense thereof, which shall be allowed in the settlement of his account. Sec. 6. As soon as the wharf shall be made suitable for the landing of goods, and the depth of water will justify, north of Cherry street and south of Elm street, the harbor-master is hereby further directed to extend the steamboat landing north and south, so as to give all the room required by the boats for landing and receiving freight, and for the free passage of drays and other vehicles ; at the same time designating the line of boundary for each class, as is provided in this ordinance, according to the wants of the different classes at the time of such extension. Water craft to Sec. 7. Hereafter, all keel-boats, barges, and other water- be moored as di- ' . ^ rected by harbor craft. Otherwise than steamboats and wood-boats, shall be moored master. ’ ’ at such points or places at the public wharf or landing as may be designated therefor, for the time being, by the harbor- master; and any owner, agent, master, or other person, having in charge any keel-boat, barge, or other water-craft, coming within the purview of this section, who shall neglect or refuse to conform to the orders and regulations of the harbor-master, and moor such keel-boat, barge, or other craft, at the point or places designated by the harbor-master, the persons so neglecting or When to extend wharf. IIARHOR DEPARTMENT. 377 refusing shall be deemed guilty of a breach of this ordinance, trnd subject to a fine of not less than fifty dollars, nor exceeding the sum of one hundred dollars, to be sued for and recovered Penalty, before the recorder as in other cases of breach of the city ordi- nances. Sec. 8 . If the owner, agent, or consignee of any goods, iiarbor - master wares, or merchandise, or other thing, shall suffer the same to leit on whan, remain upon the wharf or public landing for a longer period than is allowed by the ordinances of the city and the regulations of the harbor-master, it shall be the duty of the harbor-master forthwith to remove such goods, wares, or merchandise, or other thing, to some suitable and safe place, and for that purpose may employ laborers, drays, and teams; and the expense of ®^^ch moving shall be chargeable against the party suffering such thing or things so to remain on the wharf or public landing. Sec. 9. Immediately after the removal of any such goods, cost remaining , . • 1 1 • 1 (. • unpaid, goods to wares, merchandise, or other thing, as provided in the loregoing be sold, section, it shall be the duty of the harbor-master to make out an account of the expense of such removal, and demand the payment thereof of the owner, agent, or consignee of the thing or things removed, if such owner, agent, or consignee has a known place of business in the city ; if not, no demand shall be neces- sary. And if the expenses of such removal are not paid within five days after such demand, in cases where a demand is recpiired to be made, or within ten days when a demand is not recpiired to be made, in either case it shall be the duty of the harbor-master to cause the goods, wares, merchandise, or thing removed, to be sold at public auction, to the highest bidder, for cash, first giving three days’ notice of the time and place of sale by publishing the same in one or more of the newspapers employed by the city ; and, after deducting from the proceeds of such sale the exjienses of such removal and of such sale (which expenses shall be ascer- tained by the comptroller and the amount thereof approved by him), the balance shall be paid to the city treasurer, and credited by him to the wharf fund, and he shall re})ort the amount so paid to him to the comptroller and city auditor. The iirovisions of comptroller to ^ . , , direct sale, etc, this section shall be conducted under the direction of the comptroller, Avho shall have the whole guidance and management thereof. 378 HARBOR DEPARTMENT. Balance nviy be paid to owners, etc. If proceeds of sales insulll- cient, balance to be paid out of wharf fund. Harbor - master may employ spe- cial policeoien. Commission and compensation of. Boats and rafts prohibited from 1 .ndiiig in front of waterworks. Penalty. I. umber measur- ers, how li- censed. Sec. 10. Wlieiiover the owner, agent, or consignee of any goods, wares, merchandise, or other thing, sold as hereinbefore provided, shall make satisfactory proof before the auditor, by affidavit or deposition in writing, that such owner, agent, or consignee is entitled to receive the balance of the proceeds of any such sale so paid to the treasurer, it shall be the duty of the auditor to draw his warrant on the treasurer for such balance, payable out of the wharf fund, and take a receipt therefor. Sec. 11. If, upon the sale of any goods, wares, merchandise, or Other thing, so removed, the proceeds shall not be sufficient to defray the expense of such removal and sale, the harbor-master shall render an account thereof, verified by his affidavit, to the city auditor, showing the gross amount of such sale and of the deficit ; and thereupon the auditor shall draw his warrant in favor of the harbor-master upon the treasurer for the amount of said deficit, including the sum of three dollars as compensation to the harbor-master, payable out of the wharf fund. Sec. 12. The harbor-master shall have power, with the con- sent and approval of the mayor and commissioners of police, to employ not more than two special policemen, for the purpose of regulating drays, etc., and assist in the mooring and stationing of boats, and other matters connected with his duties. The said policemen shall have the same power to make arrests as other members of the police ; shall be commissioned by the mayor, and shall receive a compensation of fifty dollars per month. Sec. 13. The harbor-master shall be instructed to prevent the landing in front of the city waterworks buildings of any steamboat, barge, flatboat, or other water-craft, or rafts of logs or lumber. And any owner or master, officer, agent, or servant of any boat as above, Avho shall violate the provisions of this section, shall be fined for the first offense any sum not less than twenty dollars nor more than fifty dollars, and for every subsequent offense not less than fifty dollars nor more than five hundred dollars. ARTICLE II r. L u nihe r- Me as u rc7's. Section 1. The register is hereby authorized and directed to issue a license, to exercise the office of lum))er- measurer for the term of one year, to any person avIio shall a})ply for the same: HARBOR DEPARTMENT. 879 Provided, such person shall pay into the city treasury the sum of twenty dollars for such license, and shall give bond to the city in the penal sum of one thousand dollars, with one or more securi- ties, to be approved by the mayor, conditioned for the faithful performance of the duties of said office, and to indemnify all persons against any fraud, collusion, or error on his part. Sec. 2. No person shall exercise the office of lumber-measurer, as above, unless he shall have taken out a license as hereinbefore provided, under a penalty of not less than ten nor more than one hundred dollars, to be sued for and recovered before the recorder as in other penalties. Sec. 8. All boards, planks, scantling, joists, and square timber of every kind, brought to this city by water, if measured on the wharf or landing, shall be measured by the lumber- measurer. Sec. 4. The lumber-measurer, immediately upon any tiling- being landed on the wharf or landing, the charges upon which it is made his duty to collect, shall, by the bill of lading thereof, by the oath of a credible person, by measurement, inspection, counting, or otherwise, as he may see fit, ascertain the (luantity of such article in order to determine the amount of wharfage to be charged thereon : Provided, that all lumber brought to the city by steamboats and other water craft that pay wharfage for discharging freight on the wharf or landing, owned by a lumber merchant doing business within the city and paying a license therefor, is hereby permitted to be landed on any part of the wharf or landing not paved with stone on edge, and not set apart for other pur])oses, unless otherwise directed by the harbor-master, free of wharfage : Provided, aho, the same is removed from the wharf Avithin two days after it is landed. Sec. 5. All articles brought to this city by Avater and landed on the wharf or landing, and which are placed under the super- vision of the lumber-measurer, shall be placed Avhere and in such manner as that officer may direct. Sec. G. All boards, planks, scantling, joists, ami square timber of every kind, measured by a lumber-measurer on the Avharf or landing, shall be placed, assorted, and handled for measurement by the oAvner thereof, or at his ex})ense, by persons employed by the lumber- measurer for that purpose. To Kiv(* bond. Penalty for act- ing without li- cense. Timber, etc., who to measure. To as^'ortain iluanlity of arti- cles landed, for wharfage. Certain lumber to land free of charge. Lumber measur- er to direct land- ing of articles. Timber, etc., to be handled at ex- pense of owner. 380 HARBOR DEPARTMENT. Maniipr of meas- uring timber, etc. C ^r title ite to be given by lumber measurer. Classes or boards and planks. P’irst class Common class. Refuse elass. Uneven planks, etc , how meas- ured. Refuse class, how measured. Measurement, how computed. Measu-ement of solid timbi^r, how computed. Place of landing of certain tim- ber. Sec. 7. All boards, planks, scantling, joists, and square timber of every kind, shall be assorted into lengths, and laid in separate and distinct piles ; and each thickness of plank and dimension of timber thus assorted shall be measured separately. Sec. 8. The lumber-measurer shall, upon measuring any lum- ber, give a certificate, stating the quality and quantity thereof. Sec. 9. Boards and planks shall be classed as first-rate, com- mon, and refuse. Sec. 10. The first-rate shall comprise all boards, planks, joists and scantling which contain no knots, which are square- edged, of equal thickness, in all respects sound and free from shakes, and which shall be half heart on the sap side. Sec. 11. The common class shall comprise all boards, planks, joists and scantling that are sound, free from shakes and unsound or large knots, square- edged, of equal thickness, and which are one- fourth heart on the sap side. ■ Sec. 12. The refuse class shall comprise all boards, joists, scantling or plank not comprised in the first or common class. Sec. 13. Should the planks, joists, scantling or boards, com- prised in the first and common classes, be of unequal width at the ends, they shall be measured at the narrow end and on the sap side ; and the lumber-measurer shall make such allowances as are necessary for straightening and squaring the same. Sec. 14. The refuse class shall be measured on the narrow side, and at the middle or average width, with the planks, joists, or scantling. Sec. 15. The measurement of all boards, planks, scantling and joists, and square timber, of less dimensions than one foot scpiare, shall be by the foot of one hundred and forty-four solid inches, except one-and-a-quarter-inch plank, which shall be meas- ured as inch plank. Sec. 16. The measurement of all timber twelve inches sfpiare, or of that dimension which shall contain one hundred and forty- four square inches on the end, and all over tliat size, shall be computed by the solid foot of seventeen hundred and twenty-eight solid inches. Sec. 17. The wharf lying between Morgan and Cherry streets is hereby set apart, or so much as may be required, for the land- ing of lumber, planks, scantling, laths, logs, shingles, rails, posts. HARBOR DEPARTMENT. ^81 and timber, broiiglit to this city by water, under the direction of the lumber-measurer. ARTICLE IV. Wood-Masttr. Section 1. The office of wood-master is hereby created, who Wood - master, shall be appointed by the mayor, by and with the consent of the ‘•promted. board of common council, who shall hold his office for one year. Sec. 2. The wood-master shall, before being commissioned, to give bond, take the oath and give the bond required of other city officers. Sec. 3. Said bond shall be in the sum of two thousand dollars. Amount ot bond. Sec. 4. It shall be the duty of the wood-master to superintend Duties of wood- arid direct the landing of all firewood brought to the city by water and landed on the wharf or landing, and to cause the same to be piled up in a close and compact manner, and to measure the same, and to collect the charges authorized to be collected thereon ; and to exercise, under the control of the harbor-master, a general supervision over the wharf in relation to firewood landed thereon. And any person who shall take or carry away anv wood from the Penalty for car- ^ ^ ^ ryiiig off ineas- cords when measured, except the purchaser thereof, shall be fined the sum of twenty-five dollars for each and every offense. Sec. 5. The wood-master shall collect, as a wharfage tax on all wharfage tax on firewood landed or placed on the wharf, [of] ten cents a cord for each cord when landed, with the permission of remaining on the wharf a length of time not to exceed one month ; and whenever the same shall remain a greater length of time than one month, it shall be required to pay ten cents a cord every thirty Provided , that no portion of the paved wharf be occupied by wood, under any circumstances, except from the first of Novem- ber to the first of March. Sec. 6. A cord of wood shall be computed as one hundred and cordof tirewood. . 11 ./ 1 ^ computed. twenty-eight cubic feet, and all firewood shall be sold by the cord or fractional part of a cord. The wood-master, when measuring wood, shall rate the length of the wood at four feet, including one half of the kerf. Sec. 7. The wood-master shall, whenever required to do so by to measure nre- 1 o ^ 1 1 wood when di- aiiy vender or purchaser or hrewood, measure add mark on any rected. quantity of firewood retjuired ; and shall be authorized to receive (lavs wood to be placed on paved t, when. 382 HARBOR DEPARTMENT. Foe for measur- ing. Salary of wood- master. Penalty for vio- lating this ordi- nance How fliewood may be meas- ured. Logs on landing to be cut and measured. Not to he cut on public wharf. Penalty. Wood-master to be present on wharf. Keepers of wood yards to deliver tickets Penalty for de- livering false tickets. Wood-boats to have name on. for every such measurement, from the person in fault or in error, a fee of five cents per cord. Seo. 8. The wood-master shall receive for his services, in addition to the fees authorized by the preceding section, a salary ot‘ one thousand and twenty* dollars per annum. Sec. 9. Any person who may violate any provision of this ordinance shall forfeit and pay a fine of not less than fifty nor more than two hundred dollars for each offense, to be collected as other fines are. Se"’. 10. Firewood brought to this city by water, for private use, and not for sale, may, at the option of the owner, be meas- ured in the bulk or boat-load. Sec. 11. Persons bringing logs to this city by water, or purchasing the same after they are brought, and, in either case, putting the same on the wharf or landing for firewood, whether for sale or not, shall have the wood, when cut, corded and meas- ured by the wood-master, in order that he may ascertain the quantity thereof. Sec. 12. No logs shall be cut up into firewood on the public wharf or landing, at a penalty of ten dollars for each and every offense. Sec. 13. The wood-master, or one of his deputies, shall be at all times, from sunrise until dark, upon those parts of the wharf or landing where firewood is directed by ordinance to be landed and sold. Sec. 11. Every person keeping a wood-yard, and selling wood in small quantities, shall deliver to the purchaser thereof a ticket setting forth the quantity so sold, in cords and fractional cords : and any person delivering a less quantity than set forth in said ticket shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than ten dollars nor more than one hundred dollars, to be recovered as prescribed by the ordinances of the city. Sec. lb. All wood-boats and craft landing freight of any kind on the wharf or landing in this city shall have a name painted on some conspicuous part of such boat or water-craft, witli letters at *The amount of salary in the original bill is six hundred dollars ; it wa.s raised hy ordinance No. .5351), approved duly 4, 18(54, and hy ordinance No. 5430, api)roved September 0, 1804. HARBOR DEPARTMENT. 883 least six indies long, and placed so that it may be easily read from either side ; and any owner or master of a boat or other water-craft who is guilty of landing any vessel contrary to the provisions of this section, shall, upon conviction, forfeit not less than twenty- five dollars. Sec. 16. There shall be no wood or coal landed on the present paved portion of the wharf : Provided^ that- coal may be landed on one-half block at each end of the paved levee, and the harbor- master shall collect wharfage of all boats landing coal at the same rate per ton as wood-boats pay per cord for landing wood. ARTICLE V. Rales of Charges^ and General Instructions. Se:^tion 1. Steamboats shall have preference, in landing at the wharf or landing, over other vessels and over rafts ; but no vessel or raft shall, while discharging or receiving cargo, or being broken up, be compelled to leave its place to give room for a steamboat. Sec. 2. The following time shall be allowed to boats to dis- charge and take in cargo at the wharf, according to their tonnage : To boats of sixty tons burden or less, five days ; to those of over sixty and not exceeding one hundred tons, six days ; to those of one hundred and not exceeding one hundred and fifty tons, sevun days ; to those of one hundred and fifty and not exceeding two hundred tons, eight days ; to those of two hundred and tliree hundred tons, nine dajs ; and those of three hundred tons and upwards, ten days. Sec. 3. The harbor-master may, in any case, for good cause shown, extend the aforesaid time for a period not exceeding three days. Sec. 4. The harbor-master shall rcnpiire any boat which is leaking, so as to be in danger of sinking in the liarbor, to be removed therefrom without delay ; and the persons in charge of said boat, upon being required, shall forthwitli remove the same thence. Sec. 5. If any boat sink in the harbor of St. Louis, the harbor- master shall forthwith take possession of the wreck, with the view of its immediate removal. If the owner, or any respons- Penalty for neg- lect. Wood or coal not to be landed on paved wharf, ex cept. Wharfage for coal landed. Steamboats to have preference in landing. Time allowee paid, coal boats, which shall come within the harbor of this city and land at the wharf or landing, or be made fast thereto, or to any boat thereto fastened, or shall receive or discharge any freight or passengers in this city, seven and a half cents for each ton of said boat’s burden, by custom-house measurement: that the harbor-master is satisfied the enrollment of said steam- boat or barge is correct; and if not so satisfied, he is hereby empowered to re-measure said steamboat or barge, according to the rules and regulations of the United States, and to collect wharfage according to such measurement ; and any person or persons, having in charge any such steamboat or barge, who shall refuse to permit said harbor-master to measure any such steam- boat or barge, shall forfeit and pay not less than one hundred nor fuTiug^p^ermit more than five hundred dollars for each and every refusal. remeasurement. 25 386 HARBOR DEPARTMENT. Wharfage for flat and keel- boats. Certain boats to pay no wharf- age. When to be re- moved. Tow-boats re- sponsible for boats towed in- to harbor. Wharfage to be paid for remain- ing at wharf longer than des- ignated. Wharfage to be collected by lum- ber-measurers. Sec. 14. For flat and keel boats, coming into the harbor as aforesaid, said officer shall collect, for the first day they shall be therein, one dollar, and for each subsequent day fifty cents. Sec. 15. From ferry, wood, and coal boats no wharfage shall be collected ; but all wood-boats, Avhether loaded or empty, shall, after remaining at the landing for the space of seven days, be removed, to make room for others, under order of the wood-master. Sec. 16. The harbor-master may collect the wharfage charge- able against boats towed into the harbor, from the tow-boat which towed them in ; and the tow-boat shall, in all cases, be held responsible for the wharfage due on the boats which it shall have towed in the harbor ; and tow-boats shall be subject to all the provisions and penalties, prescribed in the ordinances regulating the harbor department, which would apply to the boats which tliey may have towed into the harbor. Sec. 17. From every boat liable to the payment of wharfage, the harbor-master shall collect two cents per ton for each day it shall remain at the wharf longer than the time herein designated, unless such boat be laid up or undergoing repairs, and be occu- pied [occupying] the place assigned to it by the harbor-master: Provided^ that if such boat do not remain after the time she may legally remain more than five days, the harbor-master may, in. stead of demanding the said two cents por ton, receive from such boat double the amount of wharfage hereinbefore prescribed. Sec. 18. The following amounts shall be collected l)y the lumber-measurers for the wharfage [s] on the articles designated, when landed on the wharf or landing, or on any vehicle standing thereon, to-wit: On boards, planks, scantling, and joists, ten cents per thousand feet, board measure ; on timber, more tlian twelve inches square, ten cents per hundred feet, cubic measure ; on shingles and laths, three cents per thousand; on clapboards, staves, Avagoners’ and coopers’ stuff, of all kinds, ten cents per thousand; on cedar and other posts, not more than eight feet long, twenty cents per hundred ; more than eight and not more than twelve feet long, thirty cents per hundred ; more than tAvelve and not more than sixteen feet long, fifty cents per hundred ; over sixteen feet long, in the same proportion as the last. On longs, [logs] which arc not on the landing for firewood, fifty cents per hundred; on rails, ten cents per hundred. HARBOR DEPARTMENT. J-587 Sec. 19. A luinber-mcasurer shall be entitled to collect, for fpos of lumber measurer, H. his own use, the following sums, to-wit; For measuring, inspect- ing, counting, and marking boards, planks, scantling, and joist, if in one class altogether, or divided into two classes, ten cents per thousand feet ; if divided into three classes, fifteen cents. On timber more than twelve inches square, ten cents per thousand feet; on shingles, laths, rails, wagoners’ and coopers’ stuff, one cent per thousand ; on posts of all kinds and dimensions, five cents per hundred. Sec. 20. The charges collected by the lumber-measurer, under Fees to be in nui the preceding section, shall be in full, and his only compensation for the performance of the duties of his office. Sec. 21. Whenever either of the officers of this department Harbor officers shall collect any wharfage as aforesaid, he shall deliver to the for party paying the same a certificate, received from the register, stating the time and the amount of the payment, and the thing for which the payment is made. Sec. 22. The lumber-measurers and the wood-master shall, at Lnmber-measur- all times, keep in their employment a sufficient number of depu- master to keep ^ . n 1 1 h deputies. ties to insure proper and prompt attention to all the duties enjoined upon them in their respective offices. Sec 23. It shall not be lawful for the lumber- measurers or Not to deal in the wood-master, or any of the deputies of either, directly or their supervi- indirectly, personally or by another, to be engaged in the buying or selling of any of the articles herein placed under their respective supervision. Sec. 24. Whoever, owning, claiming, or having charge of any penalty loriaii- 1 1 1 r. , .1 ,^11 ingtopaycbarg- Doat, lumber, nrewood, or other articles, upon which charges are ps, or disobey- ’ ^ ^ ” ing harbor offi- herein imposed, shall neglect or refuse to jiay any such charges on demand by the proper officer, and whoever shall remove any boat or other thing, upon which charges are imposed, from the wharf or landing, without first having paid the charges thereon, or shall fail to obey the directions of either of the officers herein named, or of any of their deputies, in relation to any matter placed under his charge, or shall, in any manner, violate or fail to comply with any of the foregoing provisions of this ordinance, shall forfeit and pay not less than five nor more than one hundred dollars, together with the amount of wharfage or other charges due the city. 388 HARBOR DEPARTMENT. Cargo not to be received or dis- charged on Sun- day ; penalty. Landings set apart for cobble- stone, sand and gravel. Regulations for landing sand, etc. Penalty for re- moving paving- stone from wharf. Jiunnaging, how conducted. Amount to be paid for each skid. llarbor - master to regulate de- posit of skids. Sec. 25. It shall not be lawful to receive upon, or discharge from, any boat in the harbor of this city, any freight or cargo on Sunday. Whoever shall violate this section shall forfeit and pay not less than two hundred dollars. Sec. 26. The harbor-master is hereby instructed to set apart landings for sand, cobble-stone and gravel — one north of Cherry street, the other south of Myrtle street. The space thus set apart shall not exceed one hundred and fifty feet in length for each landing ; said landings to be on the paved portion of the wharf. Sec. 27. The harbor-master shall charge and collect wharfage from the owner or person landing barges or flat-boats bringing the sand, cobble-stone, or gravel, at the same rate charged for the same description of boats bringing other articles to the public wharf ; and shall allow the owner or consignee the same length of time for the removal of the sand, cobble-stone, or gravel, as is allowed for the removal of other articles ; and shall have the same power to remove sand, cobble-stone, or gravel, that may be left remaining after the time allowed, as in other cases. Sec. 28. Any person or persons who shall, without the per- mission or authority of the city engineer, remove any paving- stone from the paved portion of the wharf, for the purpose of setting a spar, or for any other purpose, shall be deemed guilty of a misdemeanor; and, on conviction, shall be fined not less than ten dollars nor more than fifty dollars. Sec. 29. Any person, or copartnership of persons, may carry on the dunnage business on the wharf, subject to such rules on the subject as the chamber of commerce may adopt: Provided^ that such person or persons make affidavit, before the register, of the number of skids kept by them on the wharf, and shall pay for each skid so kept the sum of six cents, which money shall be placed in the treasury to the credit of the wharf fund. Sec. 30. The harbor-master shall, at all times, have control over and regulate the amount of space occupied for depositing skids and other apparatus. HARBOR DEBARTiMENT. B89 ARTICLE VI. Wharf -boats. Section. 1. The harbor-master is instructed to make the fol- Deductions on lowing deductions from the regular established rates of wharfage on all steamboats making regular trips as packets between the city of St. Louis and in the vicinity thereof oftener than once a week, viz : On every boat leaving the city daily, sixty-six and two-thirds per centum ; on those boats leaving every other day, thirty- three and one- third per centum ; and on those boats twice a week, twenty-five per centum, except as hereinafter provided. Sec. 2. The harbor-master is authorized to grant the privi- Alton packet lege to the owners of the Alton packets of having a wharf-boat amJimT at the landing ; and in lieu of the regular rate of wharfage fixed by ordinance, the owners of any such boat, designed to ply as a regular packet between St. Louis and Alton, may pay to the harbor-master the sum of twelve hundred and fifty dollars in full, of six months’ wharfage, in advance, and take his receipt there- for ; and on the production of such recei])t the re<>’ister shall issue license to be a license to the party to run one steamboat as a regular packet betAveen this city and Alton for the period of six months from the date of said receipt, any ordinance to the contrary not- withstanding. ' Sec. 8. The boats of the Keokuk packet company shall be Keokuk packets- charged the same rate of wharfage as is retpiired of steamboats making regular trips as packets betAveen the city of St. Louis and in the vicinity thereof, as specified in the first section of this article. Sec. 4. The harbor- master be and is liereby instructed to set niinois river boats ; landing apart that portion of the levee bounded on the north by Spruce of. street, and on the south by Pojtlar street, for the landing of all the steam!)oats, barges, and canal-boats going to and coming from the Illinois river. Sec. 5. Said landing so set apart shall be knoAvn as the Produce to be ‘^Illinois boats’ landing,” and all produce Itrought on said boats shall be deposited on the same ; and the harbor-master is specially charged Avith the enforcement of this ordinance [section]. Sec. 6 . The harbor-master be and is hereby authorized to 390 HARBOR DEPARTMENT. New Orleans railroad pack- ets, wliarf-boat of. Northern line of packets, wharf- boat of Wharfage tax on, how col- lected. Memphis pack- ei.s, wharf-boat of. Wharfage for, how collected. Present wharf- boat, not to be removed. Penalty for vio- lating this ordi- nance, or keep- ing articles on boat for tran- shipment. assign to the owners of the St. Louis and New Orleans railroad line of packets a place at the wharf, near the foot of Market street, for the purpose of mooring a wharf-boat, to be used by them exclusively in the business of said line : Provided^ it does not occupy more than three hundred feet. Sec. 7. The agent or owners of the Northern line of packets trading to and from St. Paul, be, and they are hereby, directed and required to remove their wharf-boat from the place at which it is at present moored ; and they are hereby authorized to place or moor at the landing, between Morgan and Green streets, under the direction of the harbor-master, a wharf-boat, not to exceed three hundred feet in length, to be used exclusively in the business of said line. The said wharf-boat, when so placed and moored, shall not affect in anywise whatsoever the wharfage tax or dues on any boat so engaged in said trade, and Northern line of packets ; and all wharfage shall be collected from each and every boat landing alongside of said wharf'boat, as though the same was not there. Sec. 8. The agents or owners of the Memphis packets trading to and from Memphis, be and they are hereby directed and required to establish their wharf -boat at the landing between Locust and Chesnut streets, under the direction of the harbor- master. Said wharf-boat shall not exceed three hundred feet in length, and to be used exclusively for said line ; and no other boat shall be allowed to use said wharf-boat or any part thereof. Sec. 9. The said wharf-boat, when so established, shall not affect in anywise whatsoever the wharfage tax or dues on any boat so engaged in said trade, and Memphis line of packets ; and all wharfage shall be collected from each and every boat landing alongside of said wharf-boat, as though the same was not there. Sec. 10. This ordinance shall not be so construed as to allow the removal of the wharf-boat now owned by the Memphis and Northern line of j)ackets. Sec. 11. No person shall ])e permitted to act as agent of the owners of any wharf-boat, for the purpose of stowing or keeping any article on board said boat for sale or transhipment, under a penalty (to be sued for and recovered against the owners of said boat) of fifty dollars for violating any of the provisions of this ordinance. HARBOR DEPARTMENT. 391 Skc. 12.* That portion of the wharf commencing at a line in continnation of the southern line of Market street east to the river, and thence south six hundred feet, for the whole width of the wharf, excepting seventy feet carriage-way, east of the curb- stone, of blocks numbers six and seven, is hereby designated as the wharf of the Atlantic and Mississippi steamship company’s steamers and vessels, and the mooring .of their wharf-boats, and for loading and discharging their vessels ; subject, however, to the control of the harbor-master, the same as other portions of the wharf. Sec. 13. No freight shall be stored or other obstruction placed on the carriage-way designated in section twelve of this article. Sec. 14. Said Atlantic and Mississippi steamship company shall have liberty to erect a shed, not exceeding three hundred feet long and twenty feet high, on said portion of the wharf, for the protection of freight from rain ; but such shed shall rest upon iron pillars, and the roof of the same be fire-proof, so as not to endanger adjacent property. Sec. 15. The Atlantic and Mississippi steamship company shall have the use of that portion of the wharf designated by this ordinance for the term of ten years from the passage thereof, subject to the payment of wharfage as regulated by the ordinances of the city ; and said company shall further pay an annual rent of one thousand dollars to the city of St. Louis, to be collected and payable to the comptroller, and placed to the credit of the wharf fund. Sec. 16. f The Memphis and St. Louis packet company is hereby authorized, at its own cost and expense, to erect a platform on the front or eastern slope of the levee, between Pine and Olive streets. The top of the })latforni shall be level with the paving of the eastern edge of the western plain of the levee, and may extend as near to the edge of the water as shall be deemed con- venient. The platform shall have a front on the river of about one hundred and twenty-five feet, with wings or aprons sloping * Sections 12, 13, 14, and 15, are not part of the original ordinance, but form S(;ctions 1, 2, 3, and 4, of ordinance No. 5503, approved P''ebriiary 13, 1805. t Sections 16, 17, and 18, are ordinance No. 5502, approved March 24, 1805. Atlantic and Mississippi steamship com- pany ; place of landing for. Carriage-way not to be ob- structed. May erect a shed on levee. To have landing for ten years. Annual rent to be paid for. Memphis and St. Louis packet company, au- thorized to erect platform. 392 HARBOR DEPARTMENT. Platform to be used dS landing. May be removed, when. No ferry to be kept without li- cense. Penalty. How license may be obtained. Council may di- rect license to issue. Register to is- sue license, when. north and south to meet the pavement of the levee, and to afford easy access in all directions to the top of the platform ; the aprons shall have an extreme length of about eighty feet. The front of the platform shall have a curb along it, to prevent vehicles from backing over it; and the front shall also be closed in, so as to prevent any thing from passing under it. The whole structure shall be erected according to a plan which shall be approved of by the city engineer, and according to his directions ; and the said company shall at all times keep the platform clean and in complete repair, at its own expense. Sec. 17. The said company shall have the use of said platform as a landing, in the same manner as that portion of the levee which is set apart for it as a landing, and subject to all the regulations governing the use of other portions of the levee. Sec. 18. Should the mayor and engineer at any time deem the platform to be detrimental to the public, then the said company shall alter or remove the platform as the mayor and engineer may direct. ARTICLE VII. Ferries. Section 1. No person shall keep a ferry within the limits of this city, so as to demand and receive pay for transporting persons or property across the Mississippi river, or use in any way the wharf or shore of said river as a ferry landing, witliout a license therefor, under a penalty of twenty dollars for each day such ferry may be kept Avithout such license. Sec. 2. Whoever shall desire to keep a ferry Avithin the limits of this city shall petition the council for a license therefor, setting forth in the petition the number and kind of boats intended to be employed, the length of time for Avhich license is Avanted, and the place A\diere such ferry is designated to be kept. Sec. B. The council may, by resolution, direct a license to issue, and prescribe the sum of money to be })aid therefor for each six months. Sec. 4. The city register shall, upon the passage of such resolution, and the applicant for license giving bond to the city in the sum of five hundred dollars, Avith sufficient securities. irAR]K)Jl DEPARTMENT. conditioned for the faithful performance of all duties enioined con^iition of .... . ' . bond by any ordinance of this city, issue a license to the applicant for the period of six months, charging therefor the sum directed in such resolution. Sec. 5. If the license be granted by the council for a longer when license time than six months, the register may renew it at the end of withoTit appli- each six months, during the time specified in the resolution, without the necessity of a new petition. Sec. 6. At any time when the council is not in session, the when mayor mayor may direct ferry licenses to be issued, to continue in force cense to issue, until the end of the next regular session of the council, upon the applicant giving bond as before required. Sec. 7. Every keeper of a ferry shall keep a good and Ferry keeper to sufficient boat or boats in good repair and well manned, and lolts. give ready and due attendance at all times between sunrise and dark ; and for neglecting, failing, or refusing to give such attendance, or promptly to transport persons or property across the river, when the river can be passed, he shall forfeit and pay Penalty for re- ^ ^ fusing to cross a sum not less than five nor more than twenty dollars : Fruvided. passenger or ^ property. he shall not be obliged to transport any person or property before payment of the legal ferriage therefor shall have been niadje or tendered. icense to be re Yoked for refus- . rform duties. Sec. 8. If any keeper of a ferry fail or neglect for three consecutive days, or for six several days within any period of six in^lV^u- months, to perform the duties herein enjoined on him, except when prevented by the elements, or other uncontrollable cause, calculated to render ferry navigation dangerous or im|)racticable, his license may be revoked by the mayor oi‘ council ; and, after Penalty tor , , ^ , . using ferry , ‘if t( such revocation notified to him, he shall not, for the puriiose of levocation ot transporting persons or property as a ferry, land any ferry-boat at or take it from the shore of the river within this city, under penalty of not less than tAventy nor more than one hundred dollars. Sec. 9. Any person in ured or damaged by the failure, neglect. Parties damaged , (. r. 1 e ' e 1 1 • ‘““y or reiLisal or any terry- keeper to perform any of tiie duties bond, enjoined by this ordinance, may sue upon his bond, given as hereinbefore retiuired. Sec. 10. It shall be the duty of the harbor-master to designate HARBOR DEPARTMENT. :^94 to'^dSnrtff'eV- places of binding of the different ferries, unless the same ry landing. shall be fixed bj ordinance. vontif^fronf”^^ fciTy-boat, Oil accoimt of the low stage of puce"^ water in the river, or other natural causes, shall he at any time prevented from landing at the point designated as its landing- place, the harbor-master shall designate the nearest point thereto at which such boat can, without obstruction, land, as its landing- place for the time being ; and such boat shall be landed at the Harbor - master to designate for’iSdiilgr place SO designated until a landing can be effected unobstructedly Ferry-boats, how to run. Rates of fer- riage. at its regular landing-place. Sec. 12. Ferry-boats shall pursue the nearest practicable route or course across the Mississippi river, and shall not remain at the landing in this city longer than ten minutes, unless compelled to do so in order to discharge and take in passengers and cargo. Sec. 13. Ferriage, at any ferry established under this ordi- nance, shall not exceed the following rates, to-wit: For foot passengers, five cents, except drivers, and children under ten years of age crossing in charge of an adult, who shall cross free ; for a man and horse, fifteen cents ; for each horse not ridden or in a team, and for stock cattle, ten cents per head ; for a one-horse vehicle, twenty-five cents ; for a two-horse vehicle, thirty-five cents ; for a three-horse vehicle, fifty cents ; for a four or five horse vehicle, sixty-five cents ; for a six-horse vehicle, seventy- five cents ; for an eight-horse vehicle, eighty cents. For market wagons or carts, loaded with produce or manufactures of this State or of the State of Illinois, and returning empty within ten days after crossing — each one-horse vehicle, each way, fifteen cents ; each two or three horse vehicle, each way, thirty cents ; each four-horse vehicle, each way, thirty-five cents ; each five or six horse vehicle, each way, forty cents ; each eight-horse vehicle, each way, fifty cents. For each merchant’s Avagon and cart, loaded one Avay, and recrossing empty within ten days, and for pleasure carriages crossing and recrossing within ten days — each one-horse vehicle, each Avay, tAvcnty-five cents ; each two-horse vehicle, each way, thirty cents ; each three-horse vehicle, each Avay, forty cents ; each four or five horse vehicle, each Avay, fifty cents ; each six-horse vehicle, each Avay, sixty cents ; each ciglit- horse vehicle, each Avay, seventy cents. For coal Avagons and carts, crossing loaded and returning empty, Avith tAvo horses, HARBOR DEPARTMENT. twenty-five cents; Avitli three liorses, thirty cents; with four horses, fifty cents ; with more than four horses, whatever may be the number, sixty cents each way. For the following articles, not in a vehicle, the following rates : Each barrel or sack of salt, barrel of pork, beef, flour, cider, or fermented li({uor, and for each hundred feet of lumber, and each hundred pounds of merchandise, five cents ; each barrel of vinous or spirituous licpior, and each barrel or keg of gunpowder, ten cents. Each passenger to be charged separately, except when in a stage or pleasure carriage, or a mover’s vehicle, but no extra charge to be made for the load of any vehicle ; teams of oxen or mules to be charged the same as teams of horses. Sec. 14. Upon every ferry-boat, licensed as aforesaid, there printed cards of shall be posted up, in at least two conspicuous places, printed to be posted, copies of the next preceding section ; and any ferry-keeper failing to keep the same posted up shall forfeit and pay to the city a sum not exceeding twenty dollars for each day of such failure. Sec. 15. Upon the Wiggins ferry company complying with License to be , . . e 1 • '• 1 • • 1 11 • issued to Wis- the provisions or this ordinance, the city register shall issue to f-ons’ terry com- the said company a license for six months, to commence from the date of the expiration of their last license. Sec. 16. Upon the expiration of everv license granted to said License may be ^ ^ . renewed. company, the same may be renewed upon said company filing a new bond as required by ordinance. Sec. 17. Said Wiggins ferry company shall pay the sum of Amount ot u- two thousand dollars upon every license so granted. Sec. 18. Upon the payment of two hundred dollars, and x.ieense to be complying with the provisions of this article, on the part of smrcmuVtV^m'ry the Madison county ferry company, the register shall issue a ■ license to said ferry company; and every license so issued shall be for the period of six months. Approved, September 2, 1864, HEALTH DEPARTMENT. ( No. 5433. ) HEALTH DEPAETMENT. AN ORDINANCE TO ESTABLISH AND REGULATE THE HEALTH DEPARTMENT, Ahatemmt of 7iuisances ^ street in- spectors to attend to XI, ^ 3, 8 on private property, provis- ions for I, 20, 21 Abstract of deaths^ to be pnb- lished VI, 2, 4, 5 iiow classitied VI, 3, 5 Accounts^ against city hospital, board of health to examine III, 1 against quarantine hospital , how settled IV, 4 board of health to keep, ot expenses incurred I, 19 street inspectors to keep of expenses incurred XI, 4 Admissions to city hospital, boartl of health to regulate III, 1 duty of clerk of board of health in I, 4 permits for, how granted I, 4 Alleys^ street inspectors to su- perintend cleaning of. XI, 7 Animal substances^ not to be thrown into highways....VIII, 7 Animals y dead [see dead anhnals). Ajpotheeary^ board of health may appoint for hospital Ill, 4 salary of, who to tix Ill, 4 duties of Ill, 4 Ain'ests^ street inspectors may make, when XI, 3 Ashes^ not to be thi‘Own into highways VIII, 7 Assistant jdiysicmns at hospital, how appointed Ill, 3 duties of Ill, 3 to receive board and washiim HI, 5 AssLstant sexton^ when to be em- ployed V, 4 compensation of, how fixed, V, 4 Assistants^ board of health may employ l.I, 7 at city hospital, how to be emidoyed Ill, 1 Auditor, to draw warrant for ex- penses by board of bealth...!, 18 duty of in relation to tax-bills for abating nuisances I, 20 to draw warrant for compen- sation of board of health... I, 23 Auditor to draw warrant for expenses of city hospital III, \ 1 to draw warrant for expenses of street inspectors XI, 4 Avenues^ street inspectors to re- port nuisances on XI, 3 street inspectors to superin- tend cleaning of XI, 7 Bills of mo7'tality , provisions concerning VI Blanks^ clerk of board of health to furnish to sexton VI, 2, 6 clerk of board of health to furnish to physicians VI, 6 Board of health, provisions con- cerning I how constituted I, 1 when elected I, 2 when to meet I, 3 absence of members from, how punished I, 3 absence of members from, to vacate seat, when I, 3 quorum of I, 4 president of, when to be elected I, 4 clerk of, when to be elected...!, 4 proceedings of, by whom kept I, 4 orders of, how issued I, 4 powers and duties of I, 6, 7, 9, 12, 15, 17, 18, 19, 20. 24; III, 1, 3, 4, 6, 7, 8; IV, 3, 4, 0, 12; V, 2, 3, 4; X, 1, 2; XI, 1, 5. parties failing to obey I, 17 compensation of I, 22 orders of, health officer to see obeyed II, 2 health officer to attend meet- ings of II, 2 street inspectors to attend meetings of XI, 3 notices and precepts of, how served XT, 3 street inspectors to report ex- j)enditures to XI, 4 street inspectors to report nni- sances to XI, 5 street inspectoi-s to act as olli- cers of, wlnm XI, 8 Boats, health officer to examine, when II, 2 HEALTH DEPARTMENT. Boats ^ (liiarniitine pliysiciuii to exiuiiine IV, ^ 3 certain, to touch at quaran- tine IV, 5 to land certain i)ersons IV, 5 evadino- quarantine, penalty LV, 7 quarantine i)liyfc!ician may ex- amine crew of, etc IV. 8 ^vhen to receive permit to en- ter city IV, 9 bringing contao-ious disease into city IV, 11 certain, may land sick persons at Bloody Island IV, 12 to give notice to mayor, etc. , when IV, 12 to be removed to quarantine, when IV, ]3 expense of removing, how paid IV, 13 to pay certain fees, when... IV, 17 Bond, certain parties to give tor removing carcasses... IX, 4 ])arties to give on bringiim paupers, etc., to city VII, 1 Butchers, how to keep slaughter houses .VIII, 10 Calaboose, health officer to visit sick prisoners at II, 2 Carcasses, provisions concern- ing IX. to be reported to clerk of board of health IX, 1 clerk of board of health to keep register ot IX, 1 may be reported to street in- spectors IX, 2 report of, how kept IX, 2 by whom and how removed IX, 3 not to be interfered with, ex- cept by certain parties IX, 5 interfering with or tlaying, penalty IX, 5 ( See dead animals. ) Carriages, not to be washed in street, etc VIII, 9 Cellars, street inspectors may enter VIl'l, 17 Cemeteries, provisions concern- V. interments in portions of pro- hibited V, 5 new, not to be established af- ter certain time V, 7 Cemetery, Ht. Louis, duties of olticers sending dead bodies to I, 5 located V, 1 to be divided, how V, 2 sexton of, to be employed V, 3 grounds of to be ke[)t in re- pair, how V, 3 sexton to keei) registiu- of bodies buried in..... V, 3 Cemetery, S(‘xton to delivei' cer- tain certilicates, to whom V, 2 3 City hospital, provision s con- cerning III. board of health to superin- tend Ill, 1 board of health to meet at, when Ill, 1 board of health to make rules for management of. Ill, 1 admissions to , regulations concerning I, 4, 5 record ot persons dying in, how kept I, 5 Cleaning streets, provisions for X. board of health to control X, 2 how done X, 2, 3, 4 how paid for X, 2 street inspectors to superin- tend laborers in X, 2 Cleanliness of city, powers of board of health to promote I, 6 Clerk board health, when elected I, 4 qualifications of. I, 4 powers and duties of.....I, 4, 5, 23, 24; II, 2; VI, 1, 2, 6, 7; VII, 2; VIII, 1. salary of for conducting dis- ])ensary I, 24 Collectors, duties of in collect- ing exiienses of abating nui- sances I, 20; XI, 12 Common council, board of health to report to I, 19; III, 1 Compensation of assistants at hos- pital, how fixed Ill, 1 of board of health I, 22 of assistant sexton, how fixed V, 4 Co'tnptr oiler, to approve contracts for removing slops X, 1 Coyisultmg physicians, board of healtii to appoint Ill, G duties of. Ill, G to file acceptance of appoint- ment Ill, G Contagious diseases, board of liealth to provide against I, G, 9 persons attacked with, to be taken to hospital I, 9 duties of boai'd of health con- cerning I, 9 health oflicer to report to board of health II, 2 Contracts, for removing slops, l)rovisions concerning X, 1 Dead animals, not to be depos- ited, where VIII, 15 owners of, may convert to their own use IX, 7 owners of, to rei)ort to clerk of board of health IX, 7 owners of, failing to comply with ordinance IX, 8 {^See carcasses) . HEALTH DErARTMENT. Bits Deaths^ abstract of, to be pub- lished VI, ^ 2, 4, 5 Diseased persons, to ])e landed at ciuaraiitine IV, 5 Diseases, powers of board of liealth to prevent I, 6 Dispensari/, board of lu*altli to maintain I, 24 clei-k of board of health to conduct; I, 24 Kmigrants , to be landed at quar- antine IV, 5 Engineer (city), to furnish infor- mation of cemeteries V, 6 street insp<‘ctors to report con- dition of streets to XI, 7 Epidemic, health officer to re- port prevalence of. 11, 2 Excrements, not to be deposited on public grounds VIII, 15 Expenses incurred by board of health, how paid I, 18 for abating nuisances, to be special tax I, 20 for abating nuisances, how collected I, 20, 21 at quarantine, c*ertain, how paid IV, 14 Fees, for issuing permits at quar- antine IV, 17 Feger, Albert, to remove car- casses out of city„ IX, 3 to give bond IX, 4 failing to remove carcasses as contracted ..IX' 6 Filth, not to be conducted into highway VIII, 8 from privies, not to be depos- ited ill city VIII, 15 Foul or nauseous luiuor, not to be discharged into street. ..VIII, 12 Futterkneckt , GottUeh, to remove carcasses from city.., IX, 3 to give bond IX, 4 failing to remove carcasses, IX, 6 Goats, running at large, de- clared nuisances VIII, 24 penalty for keeping VIII, 24 Graves in St. Louis cemetery, how deep to be .,.,'.,V, 3 Green hides ^ not to be kept in city at certjiin times VIII, ](> Hay, not to be thrown into high- way VIII, 7 Health of city, board of health to provide for I, G Health officer, provisions con- cerning II. term of office of. II, 1 duties and powers of. TI, 2; IV, 12-, VII, 2; XI, 5. to b(* member of board of health I, 1 Health officer, to register per- sons dying in hospital...!, \ 5 to give description of bodies sent to cemetery I, 5 niaj^ permit notice of small- pox to be discontinued I, 10 office of, established II, 1 to send certain boats to quar- antine IV, 12 to report persons bringing paupers and insane to eity VII, 2 Hides, greeii, not to be kept in city at certain times VIII, 16 Dogs, hot to be kept confined in city VIII, 14 running at lai-ge declared nui- sances VIII, 18 to be taken up and impounded VIII, 19 taken up, to be sold VIII, 20 proceeds of sale of, how dis- posed of. VIII, 20 expense of taking up, not to exceed what sum ....VIII, 22 not to be kept in city VIII, 23 Horse^s, not to be washed in street, etc VIII, 9 Hospital {see city hospital). Hospitals, temporary, board of health may establi.sli I, 7 House ofial, how to be disposed of : VIII, 6 House of refuge, health officer to visit sick prisoners in II, 2 Idiots, notice of to be. given to mayor or recorder VII, 4 Indigent persons , to receive medi- cines and advice, vvhere I, 24 Infectious diseases, power of board of health against...!, G, 9 health officer to report preva- lence of. II, 2 Insane persons, provisions con- cerning VII. bringing into city VII. 1 expense of removing from city, how paid VII. 1 notice of, to be given to mayor, etc '..VII, 4 how dealt with if furious. ..VII, 5 Interments, in St. Louis ceme- tery, provisions coucerningV, 3 sexton to keep register of......V, 3 bodies to b<‘ (l(‘scribed on I, 5 in c(‘meteri(;s, when ])rohibit- ed V , 5 Lanes, street insjxHdors to n*- port nuisances on XI, 3 Lectures at hospital, not to b(‘ held in presence of patients III, 7 Livery stables, how to b(! kept VIII, 9 HEALTH HEl^ARTMENT. Lunatic^ notico of to be o-ivi'ii to nuiyor, etc Vll, ^ 4 Mad persons, liow dealt with.. V 11 , 5 Malignant diseases, board of health to provide a^aiiiyt I, G Market places^ street inspectors to report nuisances on XI, street inspectors to superin- tend cleaninii: of. XI, 7 street inspectors to report cer- tain olfenses on XI, 12 depositing- tilth, etc. , in, pen- alty XI, 12 Marshal (city), to arrest persons violating (piarantine IV, 11 to arrest pei-sons bringing paupers or insane to city VII, 3 to notify mayor, etc., of in- sane persons VII, 4 to take up hogs running at large VIII, 19 duties of. in selling hogs VIII, 20 may employ assistants to take up hogs VIII, 21 Mayor, quarantine physician to notify, of evasion* of quar- antiife IV, 8 may withhold permission to leave quarantine IV, 9 may send (certain parties to quarantine IV, 12 to take charge of certain boats IV, 13 to send proclamation to cer- tain cities IV, 15 to notity county court of in- sane i)ersons VII. 4 to notify i)arties to construct privies, when VIII, 2 to dir(*ct emptying of \)rivies. when *. VIII, 3 to approve regulations for re- moving slops X, 1 to control cleaning of stre(‘ts X, 3 to ai)prov(; employment of hands by street insp(;ctors XI , 7 Medicines, clerk of board of health to comi)ound for in- dig(Mit i)ati(‘nts I, 24 ex]K‘nse of, how jiaid I, 24 Mortality reports, clei'k of board of luialth to publish VI, 2 New cemeteries , not to be estab- lished, wh(‘r(^ V, 7 Naisances. provisions c,onc(‘rn- ing VIII. l)ow(‘r of board of health to abate I, 0 expenses in abating, how paid I, 20., 21 health otlicer to report to hoard ot health.... II, 2 street inspectors to ‘remove XI, 3 Nuisances, street inspeetoi’s to notify owners of pnunises of ...*. XI, ^ 3, 5 failing to obey street inspect- oi s’ notice* to remove. ..XI , 8, 9 to be removed at cost of own- ers of premises, when XI, 10 expense of removing, how paid and collected XI, 10. 11 Oaths, quarantine ])hysician may adndnister, when IV, 8 Ojfal, how to be disposed of VIII, G Orelers of board of health, clerk to issue I, 4 health otlicer to see obeyed... II, 2 Overseers, suit to be brought against for certain viola- tions VI, 1 Patients, treated hy clerk of board of health, to be re- ported I, 24 at city hospital, to be visited, when Ill, 5 resident jiliysician and board of health may discharge. ..Ill, 5 at quarantine, to be visited, when IV, 3 Paupers, provisions concerning VII. bringing into city VII, 1 expense of removing from city, wdio to ])ay VII, 1 Pewa/fie.s tor certain olfenses, I, 8, 10, 11, IG, 17; IV, 7, 10, 11, IG; V, 8; VI, 4, 7; VII, 1; VIII, 23, 24; IX, 3, 5, 8. Physician, (piarantine {see quar- antine physician) . resid(‘nt at city hospital ( see resident physician) . Physicians, to I'epoi't cas(*s of small-i)ox to health otlicer, I, 8 suit to be brought against for certain violations VI, 1 duties of concerning certiti- cates of death VI, 5 violating certain provisions, VI, 7 consulting {see consulting phy- sicians) . Police, to r(“i)oi’t bringing of pau- l)ers and insane lO city VI 1, 2 to notify mayor, (‘tc., of in- sane p(‘i-sons found VII, 4 President of board of health, wh(“n eh'cted I, 4 Privies, pi-ovisions com.'crning VIII, 1, 2, 3, 4, 5 engineer to construct, when VIII, 2 (;ost of constructing by city, how jiaid .*.... VIII, 2 when and how to be emptied VllI, 3, 4, 5 street inspectors ma}'^ enter, XI , 5 400 HEALTH DEPARTMENT. Privies^ ])oai‘cl of bCcalth and health olilcer may grant permits to clean. g 5 Proceedings of board of health, who to keep I, 4 Public schools, certificate of vac- cination necessary for ad- mission to ! I, IG Public squares, street inspectors to report nuisances on XI, 3 sti*eet inspectors to superin- tend cleaning of XI, 7 (Quarantine, provisions concern- ing IV. grounds of, designated IV, 1 hospital established at IV, 1 certain boats to touch at IV, 5 persons to be landed at IV, 5 boats to be detained at IV, G boats evading, penalty IV, 7 when persons to be discharged from IV, 9 leaving, without certificate, IV, 10 violating rules of IV, IG (Quarantine hospital, how to be conducted IV, 4 to be under control of board of health IV, 4 (Quarantine physician, how ap- pointed IV, 2 term of office of. IV, 2 qualification of. IV, 2 to reside at quarantine IV, 2 to receive boarding and wash- ing IV, 2 duties of IV, 2, 3, 4. 5, G, 7, 8, 17 to be governed by rules for city hospital IV, 3 (Quarantine regulations , aiding master of boat to violate, IV, 13 when to be in force IV, 15, 18 Record of persons dying in hos- pital, how kept I, 5 Recoi'der, to notify county court of insane persons VII, 4 Register (city), sexton of St. Louis cemetery to settle with V, 3 to notify county court of in- sane p(TSons VII, 4 Removing slops, provisions for, X. board of health to pi-ovide for, X, 1 contracts for, how made X, 1 Rejiort of clerk of board of health what to contain 1, 24 Resident physician at city hospi- tal, liow appointed Ill, 2 qualification of. Ill, 2 term of office of. Ill, 2 to ai)i)oint assistants Ill, 3 to live at hosi)ital Ill, 5 duties and powers of. Ill, 5 Resident physician at city hospi- tal to receive boarding and washing Ill, I 5 Salary of apothecary at city hos- pital , how fixed Ill, 4 of clerk of boai-d of health, for conducting dispensary, I, 24 Salubrity of city, board of health to promote I, 6 Sanitary condition of city, health officer to supervise II, 2 Servants, board of health may employ I, 7 Sexton of St. Louis cemetery, to be employed, how ...V, 3 duties of. V, 3 assistant mn,y be employ ed...V, 4 Sextons, suit to be brought against for certain viola- * tions VI, 1 clerk of board of health to fur- nish blanks to VI, 2 when to repoit absti*act of deaths VI, 4 failing to report, penalt}' VI, 4 Sick persons, to be landed at quarantine IV, 5 Slaughter-houses, how to be kept VIII, 10, 11 duties of street inspectors con- cerning XI, 6 Slops, removing {see removing slops ') . Small-pox, physicians to report cases of, to health officer I, 8 powers of board of health concerning I, G, 9, 10 pei’sons having, to be confined I, 10 notice of, how to be given Avhere it exists I, 10 failing to give notice of, pen- alty 1, 10 parties having, going abroad, penalty I, 11 health officer to visit patients having II, 2 Small-pox hospital, duty of offi- cers I'emoving patients to. ..I, 5 record of persons dying in. how kept 1, 5 board of health to establish rules for I, G health officer to superintend II, 2 Soot, not to be thrown into highways VIII, 7 Stables, hovv to be kept VIII, 9 Stale fat or grease, not to be kept VIII, 13 Steamboats ( see boats ) . Steward of quarantine, quaran- antine physician to do dutv of. : IV, 2 HEALTH HEPARTlMENT. 401 Stinldnq fat oi* ^reaso, not to be kept VIII, I 13 Straw, not to be thrown into bio-hway VIII, 7 Street impcct or s, provisions eon- eerning’ XI. may enter cellars and other places VllI, 17 duties of, concerning nui- sances ...VIII; 17 to report carcasses to clerk of board of health IX, 1 failing to report carcasses, penalty IX, 5 to oversee cleaning of streets X, 2 districts of, how ’determined XI, 1 how appointed XI, 1 term of office of. XI, 1 qualitications of. XI, 1, 2 powers and duties of. XI, 3, 4, 5, 7, 8, 9, 10, 12. Streets, cleaning {see cleaning streets ) . street inspectors to examine condition of. XI, 3 to report condition of to engi- neer XI, 7 to supervise cleaning of. XI, 7 Students of medicine, may be ad- mitted to hospital Ill, 7 Students, board of health may suspend privilege of... ..Ill, ^ 8 Suit, board of health may order to be brought for tax-bills I, 21 Temfwrary hospitals , bo a r d o f health may establish I, 7 Unclean persons , to be landed at quarantine IV, 5 Unclean water, not to be con- ducted into high waj^s... VIII, 8 Unsalted hides, not to be kept, when VIII, 16 Vaccination, board of health to provide for I, 12, 13 fees for, how paid I, 14 physicians to keep record of I, 15 to report on, to whom I, 15 certiticate of, necessary for ad- mission to schools I, 16 health officer to see to II, 2 Vaccine matter, health officer to keep II, 2 Varioloids, parties having, go- ing abroad, penalty I, 11 Vegetable substances, not to be thrown into highways....VIII, 7 Vessels {see boats ). Water, not to be conducted into highways VIII, 8 Work-house, health-officer to treat sick prisoners in II, 2 Be it ordained by the Common Council of the City of St. Louis : ARTICLE I. Board of Health. Section!. There shall he constituted a Board of Health, to Board of health, consist of five members, who shall he elected hy the common council, and hold their office respectively for the term of one year, said members to he elected from the members of the common council. The health officer shall he, ex officio^ a member of said hoard, hut shall receive no additional compensation for his serv- ices as such member. Sec. 2. The councilmen to serve as members of said hoard when elected, shall he elected hy ballot at the first stated or called session of the common council of each year. Sec. 8. The hoard of health shall meet on the first Monday in when to meet, each month, and at least once a week between the first day of May and November ; and any member absenting himself from Penalty for ah- any metding shall forfeit and pay to this city two dollars, unless “leetings. 26 402 HEALTH DEPARTMENT. Quorum of board. President to be elected. Clerk to be elected. Qualifications and duties of. Description to be furnished of persons sent to hospital. Description of persons dying to be recorded. Description of persons interred to be given. Powers and du- ties of board of health. the same should be remitted by said board for good cause shown ; and any member absenting himself for a longer period than four w^eeks shall thereby vacate his seat. Sec. 4. A majority of the members of said board, exclusive of the health officer, shall constitute a quorum at any meeting of the board. At the first meeting of the board of health in each year, said board shall elect, by ballot, a president ; and, as soon there- after as practicable, some fit and competent person, who shall be a regular graduated physician of some medical school in good standing, shall be chosen clerk thereof, [avIio shall]* attend the meetings of said board, record its proceedings in suitable books, issue its orders, examine all applicants for admission into the hospital, and grant permits to such as are entitled to admission ; and do and perform all such other duties as may be required of him by said board. Sec. 5. The clerk of the board of health shall, whenever any sick person is sent to the city hospital or small-pox hospital, furnish to the keeper of each of the same the name in full of the diseased, the place of nativity, age, and place where taken sick ; and it shall be the duty of the physician of the city hospital and health officer to keep a full record of the name, date of death, name of disease, age, and place of nativity of all persons who shall die in the same ; and it shall be the duty of each of the above-named officers, and all other persons who shall send any dead bodies to the St. Louis cemetery for interment, to furnish the city with a ticket, giving, as far as practicable, the date of death, name of deceased, place of nativity, location where death occurred, name of disease, male or female. Sec. 6 . Said board shall exercise a general supervision over the health of the city, with full power to take all steps and use all measures necessary to promote the cleanliness and salubrity thereof ; to abate nuisances of every description on public or private property ; to prevent the introduction into the city of malignant, contagious, or infectious diseases, and to remove or otherwise to dispose of any person attacked by any such disease, and to adopt, in reference to such persons, any regulations, *The words “who shall keep an office in the city hall,” in the original ordinance, are repealed by ordinance No. 5478, which went into elfect December 24, 18G4, in default of mayor’s si nature. HEALTH DErARTMENT. restrictions, or measures deemed advisable ; and to establish rules and regulations for the government of the small-pox hospital, and to prevent the introduction or spreading of the small-pox within the city. Sec. 7. The board of health may employ such other officers, agents, servants, or assistants, and establish temporary hospitals, and provide the necessary furniture, medicine, medical attend- ance, and nurses therefor, as* in the opinion of said board the health of the city shall require. Sec. 8. It shall be the duty of every physician in the city to report to the health officer every case of small-pox or other contagious disease Avhich he may be called on to attend within the limits of the city, or within ten miles of the same, within twelve hours after he shall have examined the patient, with the number of the house, name of occupant and street, under penalty, for failure to do so, of ten dollars. Sec. 9. Whenever it shall appear to said board that any person has been attacked by any contagious disease, said board shall cause such person to be removed immediately to the small- pox hospital, or some other retired place ; but if such person refuse to be removed, or if his or her condition is such that in the opinion of the health officer removal would be attended with danger, said board should take such measures as may be deemed advisable to prevent the spread of the contagion or infection, and to cause the diseased person to receive proper and humane attention. Sec. 10. All persons having small-pox, or other contagious or infectious disease, in the city, who refuse to go, or cannot to [be] taken therefrom, to small-pox hospital, city hospital, or other house or place which may be designated by the board of health, are hereby required to be kept closely confined, within their respective dwellings or places of abode ; and the board of health shall cause suitable notices, with the name or character of the disease printed or written in large letters thereon, to be posted up in the most conspicuous place on or near such dwelling or place of abode in which such contagious or infectious disease exists, and require of the occupants thereof to maintain such notices 408 other assistant s and ofHcers may be appointed. Duty of physi- cian to report cases of conta- gious diseases. Penalty. Party affected with contagious disease, to be removed. Duty of board if removal is not possible. Persons having contagious dis- ease. not in hos pital, to be kept confined . Xame of disease to be posted on dwelling. * Tlie word “whenever,” in the original ordinance, is changed to “as” by ordinance No. 5478, which went into effect December 24, 18G4. 404 . HEALTH DEPARTMENT. Penalty for re- fusing. Penalty for go- ing abroad hav- ing sraall-pox. Vaccinating physician to be appointed. Term of appoint- ment. Vaccination fee. Physician to re- port number of vaccinations. ^ Teachers to re- quire proof of vaccination be- fore admitting children. Penalty. Penalty for dis- obeying board of health. Account of ex- penses, how cer- tified and paid. there until, in the opinion of the health officer, they may be safely discontinued ; and any person failing to comply with the retpdrements of this section shall forfeit and pay a fine of not less than ten nor more than one hundred dollars. Sec. 11. If any person shall leave his or her place of abode and be found going about the city after the smalLpox.or varioloid eruption has made its appearance upon him or her, shall forfeit and pay to the city not less than fifty nor more than five hundred dollars. Sec. 12. The board of health is authorized to appoint a physician for every two wards in the city, whose duty it shall be to vaccinate all persons in said wards unvaccinated. Sec. 13. Each appointment so made shall be for the term of one year. Sec. 14. The fee for vaccination shall be twenty-five cents ; and whenever satisfactory evidence shall be presented to the physician that the parties applying for the same are unable to pay said fee, the same shall be charged to and paid by the city. Sec. 15. Each physician is hereby required to keep a record of all persons vaccinated by him ; and a certified copy of the same shall be delivered to the board of health, at one of its stated meetings, in the months of July and .January of each year. Sec. 16. It is hereby made the duty of all teachers in public schools to require, as a condition for its admission, of each and every child, a certificate of its vaccination, signed by a physician, or other satisfactory evidence. In case of violation of this sec- tion, the party so offending shall be deemed guilty of a misde- meanor, and shall, upon conviction before the recorder, forfeit and pay a sum not less than five dollars, to be collected as other fines. Sec. 17. All persons are required to obey the ordinances, precepts, regulations, and requirements of said board; and whoever shall fail, neglect, or refuse to do so, shall forfeit and pay to the city not less than five nor more than fifty dollars. Sec. 18. Said board shall examine all accounts for expenses incurred by its authority, and such as arc approved shall be certi- fied by the president, and attested by the clerk thereof ; and, when so certified and attested, the city auditor shall audit the same and draw his warrant on the treasurer for the amount. 405 HEALTH DEJ^AIVTMENT. taking tlic receipt of tlie person in whose favor the warrant is drawn. Sec. 19 . Said board shall keep, in proper books, full and Record of ex- .... . 1 1 • 1 • • ppnses, what to . correct accounts ot all expenses incurred by its authority, speci- contain, fying the time when, the amount, the purpose to which applied, and the person through whom the same were incurred, and designating such items as are to be refunded by the owners or occupants of property ; and shall, on the first day of each stated c'^ouncir^^^'^ session of the council, report to that body a specific account of all such expenses incurred since the preceding report. Sec. 20. All expenses incurred by order of the said hoard of Cost of abating health in the abatement of nuisances on private property shall be form special . , . , lien against a special tax on tne property upon which said nuisance existed : property ; how i 1 1 1 1 • e 1 1 collected. and, so soon as the work or labor is perrormed, the contractor or person doing the work shall present his bill therefor to the said board, which shall be by them first examined, and, if found correct, shall so certify thereon, and immediately cause the same to be placed in the hands of the collector of the ward in which said work was done, who shall receipt for the same in duplicate, leaving one with the clerk of the said board, and delivering the other to the city auditor; and said collector shall immediately notify the owner of the said property that the account for abating the nuisance is in his hands for collection, and if the same is not paid within thirty days from the date of said notice, the same will be returned to the city auditor, and he will be charged fifteen per cent, on the same; and if, Avithin the thirty days, the said bill is not paid to the collector, he shall return the same to the auditor, Avho shall add the fifteen per cent, thereto, and proceed to collect the same as provided by oialinance for the collection of other delimpient taxes; and Avhen the same is col- lected, either by the auditor, collector, or comptroller, the same shall be paid into the city treasury, and placed to the a])propria- tion of the hoard of health. If the said bill is not paid Avithin thirty days, or before its return to the auditoi’, it shall then be paid by the city and charged to the a])propriation for the board of health. Sec. 21. The sum or amount of any account so placed in the hands of the collector may be collected or distrained for, in all respects, as any general or special tax or taxes authorized to be Hoard may order suit to be brought for such costs. 406 HEALTH DEPARTMENT. Compensation of members of board Attendance to be certified by clerk. How paid. Dispensary to be kept by clerk levied and collected by the city ; but said board may, in their discretion, order suit to be brought thereon, instead of proceeding against the property. Sec. 22. Each elective member of said board shall receive, as full compensation for his services, two dollars for each day he shall attend the meetings thereof ; but no councilman shall receive pay for attending a meeting of said board and a regular or stated meeting of the council on the same day ; and no excuse for absence shall entitle a member to receive his per diem on any allowance when so absent from a meeting of the board. Sec. 23. The clerk of said board shall keep a correct account of the days of attendance of each member thereof, and certify, every three months, the amount due each, after deducting unre- mitted fines for non-attendance ; and the city auditor shall audit the accounts so certified, and draw his warrant on the treasurer therefor. Sec. 24. The board of health, in addition to the duties imposed upon them, are hereby authorized and required to make rules for the management and maintenance of a dispensary in the office of the board of health, for dispensing medical advice and Who to receive mediciiie to sucli applicants therefor as are sick and indigent, medicine and ad- ^ ^ ^ . . vice at. and who, without such aid, would have to be admitted to the city hospital or quarantine ; and the clerk of the board of health is hereby required, in addition to the duties as above set forth, to establish a dispensary in his office for the purpose aforesaid, under the rule and control of the board of health. He is also required to compound medicines, or have them compounded under his control, for all patients treated by him. He shall make a monthly return to the board of health of the number of patients treated by him during the month, the nature of their diseases, their sanitary condition at the time, and the amount which the Cost of medi- mediciiie has cost. The bill for the purchase of medicines by ones, how paid, yPall bo audited by the board of health monthly, and a salary not to exceed the sum of four hundred dollars a year, payable Oompensation of monthly, aiid chargealde to appropriations for city hospital, sluill be paid him for conducting the dispensary and compounding the medicines aforesaid, the amount whereof to l)e ascertained and settled by the board of health, who shall have power, by a majority vote entered on their proceedings, to graduate tlie HEALTH DEPARTMENT. 407 amount of said salary at all times, according to the quantity of dispensary business carried on, and the manner in which it is conducted by the clerk. AllTICLE II. Health Officer. Section 1. There shall be a health officer of this city, who Health officer; shall hold his office for one year, commencing on the first day of January. Sec. 2. It shall be the duty of the health officer: Firsts to Duties of health have and exercise a general supervision over the sanitary condi- tion of the city, and to report to the board of health all nuisances, the prevalence of any epidemic, contagious or infectious disease, or other causes which, in his opinion, are likely to be detrimental to the general health ; second., to keep on hand, at all times, a sufficient supply of genuine vaccine matter, and to see that all persons, so far as he may have it in his power, are properly vaccinated, especially those in the vicinity of any person attacked by small-pox ; third., upon being informed of the existence or introduction of any contagious or infectious disease within the city, to inquire immediately into the facts and report the same to the board of health ; fourth., to see that orders of the board of health, in relation to any person attacked by a contagious disease, are obeyed ; fifths to superintend the small-pox hospital, and administer to all persons conveyed there who have no other physician ; sixth., to visit and administer medicine to prisoners sick in the city workhouse, the house of refuge, and in the calaboose ; seventh., to attend the meetings of the board of health, and act as a member of said board ; eighth, to examine, at tlie request of the mayor, or the president or clerk of the board of health, boats and vessels coming into port, the officers, crews, or passengers of which may be supposed to be affected by any contagious or infectious disease. ARTICLE III. Cit^ Hospital. Section 1. The board of health shall have the general super- Board of health intendence and management of the city hospital, and exercise a hLiutac ”*^*'*^ 408 HEALTH DEPARTMENT. i To report to common council. Resident physi- cian to be ap- pointed j term of office of. May appoint as- sistants. Qualifications of. Duties of. Apothecary to be appointed ; duties and sal- ary of. Duties of physi- cian and assist- ants. supervision and control over all the officers connected with or employed at the same, and shall meet at the hospital at least once a month, on such day and at such time as may he fixed on by said board. Said board shall examine all accounts against said hospital, and, if approved, [they] shall be certified to by their president, and transmitted to the auditor, who shall draw his warrant on the treasurer therefor. Said board shall prescribe the conditions of admission to said hospital ; decide on the number of male and female assistants to be employed, and their compensation ; and shall, in conjunction with the resident physician, make all necessary rules and regulations for the gov- ernment and management of said hospital. It shall be the duty of said board to report to the common council, on the first day of March of each year, giving a particular account of the affairs of said institution for the preceding twelve months, together with such suggestions or recommendations as they may deem proper. Sec. 2. A resident physician of the city hospital shall be appointed, who shall be a graduate of some medical school, to serve for one year from the first day of January of each year, and until his successor shall be duly appointed and cpialified. Sec. 3. The resident physician may, with the consent of the board of health, appoint one, and not more than three assistants, to serve for one year, unless sooner removed by order of said board. One of said assistants shall be a German, or speak the German language fluently. Said assistants shall be graduates of some regular medical school, or students of regular medical practitioners in the city, and shall have attended at least two full courses of medical lectures in some reputable medical school. They shall be under the control of the resident physician, and shall perform such duties as he may require of them. Sec. 4. The board of health is hereby authorized to enqdoy some competent person to serve as apothecary, whose salary shall be regulated and whose duties shall [be] prescribed by said board, and who shall reside in the hospital. Sec. 5. The resident physician sliall live in the hospital, and shall devote the whole of his time to the service of the hos})ital, and not pursue private practice so long as he shall hold liis office ; he shall visit all patients at least twice a day, and prepare, or cause to be prepared under his supervision, all medicines i)re- ITE ALTl I 1 )E J>A RTMENT. 409 scribed by him, and generally exercise a proper control of the medical department of said lios])ital. The resident physician and his assistants shall receive boarding and washing at the hospital ; and the resident physicians and board of health are alone authorized to discharge patients from the hospital. Sec. 6 . The board of health, at their first meeting, or as soon thereafter as practicable, shall appoint six consulting physicians, to be selected from the regular medical practitioners residing in the city, whose duty it shall be, respective!}^, to meet the resident physician or quarantine physician at the hospital, when thereto required by [him], or either of them, by notice in writing, to be given in reasonable time, to consult with and assist him when he deems it necessary. Said consulting physicians, being duly notified of their appointment, shall file their acceptance of said office within ten days after such notice. Sec. 7. Students of medicine may, when accompanied by any professor of any of the medical colleges in this State, be admitted to the wards and lecture-rooms of the hospital, at such hours and days of the Aveek as may be designated by the board of health ; but no lecture shall be held in presence of the patients in said hospital. Sec. 8. Said board shall have power to suspend the exercise of the privilege herein granted to the medical schools for any violation of established rules, or for any failure to comply Avith the provisions of this ordinance. ARTICLE IV. % (Quarantine . Section 1. The grounds purchased by the city from Augustus Langkopf, by deed bearing date July seventh, eighteen hundred and fifty- four, are hereby established as a })ermanent (piaraiitine station for the city of St. Louis ; and there shall be established and kept up at said station a permanent hos})ital for the rece})tion and accommodation of such sick persons, emigrants, or others, as may be placed therein. Sec. 2. On the first Monday in January of each year there shall be appointed by the board of health, Avith the approval of the mayor, a quarantine physician, for the term of one year, To recoiv** I)o;iris!tant scx- ton.s may bo em ployed ; how- paid. Certain inter- mentH prohib- ited. far as practicable, from being defaced, injured, or destroyed, any tombstone, monuments, vaults, inclosures, or other things erected within said cemetery; fourth^ to keep the walks and avenues in said cemetery clear and free from brush, weeds, or •other incumbrances; fifth,, to keep a register, in an appropriate book, with an alphabetical index thereof, of all persons who may be buried in said cemetery, giving, as far as practicable, the name, age, color, sex, place of birth, place of residence, and disease, or manner of death; sixth,, to deliver to the clerk of the board of health, on or before ten o’clock of every Saturday morning, all the certificates received since his previous report; sevtnth, to collect for all persons interred, who are not buried at the expense of the city, the charges of interment; eighth,, to settle with the city register on the last Saturday in each month, and pay over to the city treasurer all moneys in his hands belonging to the city, and file the treasurer’s receipt with the city auditor on or before ten o’clock of the Monday follow- ing ; ninth, to dig, or cause to be dug, all graves in the said cemetery, attend to the interment of all persons therein, and fill up and preserve all graves therein (every grave shall be at least five feet six inches deep); ttnth, to deliver to his successor in office the registry, all books, papers, and property, and the possession of the buildings and grounds herein designated (per- sons desiring to bury any dead in any division of the cemetery different from those set apart for the dead interred at the expense of the city, shall make application to the steward of quarantine for leave, and shall furnish him with a statement of the name, age, sex, place of birth, residence, and disease or cause of the death of the person to be interred); elevinth, to enter in his register the day when, and place where, death occurred, and where the body is interred in the cemetery grounds, and to number each grave. Sec. 4. The board of health may employ individuals to assist the sexton at any time when, in its opinion, the labor to be performed at said grounds is more than one person can perform ; the compensation for each })crson so employed shall be such an amount as the board of health may approve. Sec. 5. Interments within so much of any cemetery in the city as shall be rcnpiired for streets, or for the extension of any HEALTH HEPARTMENT. 417 street at present establislied, are liereby proliibited : Provided however^ that the provisions of this section shall not be so construed as to apply to the cemetery known as the Cemetery of the Holy Ghost. Sec. G. It is hereby made the duty of the city engineer, Engineprtogive whenever applied to for the purpose by persons interested in or needed having charge or control of any of said cemeteries, to give such information as will enable them to know what portions thereof will be needed for streets, or the extension of streets, as mentioned in the first section hereof : Provided^ the foregoing provisions shall not be construed as extending to any cemetery to which the State legislature may have granted reserved rights conflicting therewith. Sec. 7 . No new cemetery shall be established at a less distance no new ceme- _ tery to be estab- tlian two miles from the city. ushed near city. Sec. 8 . Any person or persons violating any of the provisions Penalty for vio- f. 1 . • 1 1 n f r- • 1 • f c-i T • lating this ar- 01 tins article’*' shall forfeit and pay to the city of St. Louis a tide, fine of not less than twentv-five dollars, nor more than one hundred dollars, for each offense, to be recovered as other fines for breaches of city ordinances. A R T I C T. E V I . Pills of Morlalitu. Section 1. It shall be the duty of the clerk of the board of cierk of board health to see that the act of the general assembly of the State of force certain Missouri, [entitled] “An act concerning bills of mortality of the city of St. Louis and its suburbs,” approved February twenty- fifth, eighteen hundred and forty-three, be carried into efiect ; and to cause suit to be brought against all overseers, sextons, or physicians, who fail to comply with the provisions of said act. Sec. 2. The clerk of tlie board of health shall furnish each to furnish book» overseer or sexton of any graveyard, within four miles of the city t” sextons.^* limits, with a blank book, with appropriate columns, to enter the facts required by said act, as well as the provisions of this ordi- nance, to be recorded ; and with blank certificates, with appro- priate columns, for the entry of .^aid facts ; and he shall enter, in * Tlu; word “ordinance,” in the original ordinance, is clianged to “article” by ordinance No. .5478, which went into etlect December it, 18G4. 27 418 HEALTH DEPARTMENT. To record and publish number of interments, etc Abstract of deaths, how made. Sextons to fur- nish certain re- ports. Penalty for re- fusing. Physicians and sextons to re- cord certain facts. Clerk of board of health to fur- nish certain blanks. Clerk to report delinquents. Penalties. a suitable book, all the certificates received from any overseer or sexton in conformity with said act ; and shall publish the total weekly mortality as reported to him by the sextons of the several cemeteries within four miles of the city ; stating the total number of white males, white females, free colored persons, and slaves, who died during the Aveek previous to said publications ; the total number under and above- five years of age ; the total number Avho died of cholera, small-pox, or ship- fever ; and the total number who died at the City, St. Louis, or other hospitals. Seo. 3. In such abstracts the deaths shall be set forth under the following heads, namely : White males, Avhite females, free colored, and slaves. Sec. 4. The sextons of the several cemeteries shall deliver to the clerk, at his office, their weekly reports of interments, at or before the hour of two o’clock in the afternoon of Saturday of each and every week ; and any sexton failing or refusing so to do shall forfeit and pay a fine of ten dollars for every such failure or refusal, to be recovered as other penalties for breaches of ordinances. Sec. 5. It shall be the duty of the physicians, in their certifi- cates of deaths to the sextons, and of the sextons in their books kept at the graveyards, and in the weekly repoi-ts they make to the clerk, to specify the length of time in which the deceased, it of foreign birth, resided in this country ; also, the exact locality where the death occurred in the city. Sec. 6. The clerk of the board of health shall cause to be printed a sufficient number of blank certificates, containing in suitable columns the facts recpiired above, which certificates lu‘ shall keep in his office, subject to the order of physicians. Sec. 7. It shall be the duty of the clerk of the board of health to report to the city recorder all phy,sicians, and sextons of cemeteries, who fail to comply with the recpiirements of this ordinance ; and for the first failure the recorder sliall impose a fine of not less than three dollars noi* more than five dollars upon the delinquent; and for every subsequent failure the fine imposed shall not be less than five dollars nor more than tAventy dollars. HEALTH DEPARTMENT. 41 A H T I c L E V r I . Insane Persons and Paupers. Section 1. The conductor or person in clnir«:e of any railroad tor ^ bringing insane car or train of railroad cars, or the master or person in charge of p«rsons or pau- i ~ pers to city. any steamboat or other vessel, or the owner or driver of any wagon or other vehicle, who shall bring into the city of St. Louis a person or persons who are insane or paupers, who are likely to become a charge to the city, shall be liable to a fine of not less than twenty- five nor more than three hundred dollars for each and every oftense ; in addition to which penalty, the persons so offending shall be required to enter into bonds, before the recorder, of not less than five hundred dollars nor more than one thousand dollars, to defray the expenses of the insane or pauper thus brought, so long as they remain in the city, as also to pay the price of their conveyance back to the point whence they were taken. Sec. 2. It shall be the duty of the health officer, and of the Certain parties clerk of the board of health, and of the day and night guards, tions. and all other police officers, to report to the city recorder any violation of this ordinance. Sec. 3. It shall be the duty of the city marshal, whenever Ma rslialt o bring complaint is made before the recorder of a violation of any of trial, the provisions of this ordinance, to arrest the offender forthwith, and bring [him,] without delay, before the recorder, for trial Sec. 4. It shall be the duty of the city marshal, night guard, Certain oftli ers and day police, if any idiot, lunatic, or person of unsound mind, inaycr^^^t.;.'^ be found by them within the city of St. l^ouis, unprotected by a guardian or friend, then he or they shall give notice thereof, forthwith, to the majuir, register, or recorder, whose duty it shall orpauplT be to inform the county court* or, in vacation of said county court,* the presiding justice thereof, in writing, that such idiot, lunatic, or insane person, is at large and unprovided for, in the city of St. Louis. Sec. 5. If any such insane person, as cited in the foregoing Persons tunons ^ . . y y to be conlineii first section, shall be furiously mad, or so far disordered in his * The word “eomini.ssloners, ” in the origlinil ordinance, is changed by ordinance No. 5478, which went into effect December 24, 1804. 2(1 HEALTH DEPARTMENT. Expense of con- linemeut, how paid. Tenements to be supplied with privies. How construct- ed. Proceedings where tenement i.s not supplied with suitable privy. No privy to be emptied at cer- tain time. Manner of emp- tying. mind as to endanger liis own person, or the person or property of others, then he or she shall be confined in some suitable place, and a notice thereof in writing, as aforesaid, given ; and a bill for all expenses necessary in providing for the persons herein mentioned shall be, with the proper vouchers, presented to the county court* of St. Louis county, for payment. ARTICLE VIII. J\^uisances. Section 1. Each and every tenement within this city, used as a dwelling house, shall be furnished with a suitable privy, the vault of which shall be sunk under ground at least ten feet deep, and walled up with brick or stone, and shall be so constructed that the inside of the same shall be at least two feet distant from the line of every adjoining lot (unless the owner of the adjoining lot shall otherwise agree), and also the same distance from every street, lane, or avenue. Sec. 2. The mayor, upon being satisfied that any tenement so used is not provided with a suitable privy, shall give notice in writing to the owner thereof, or his agent, if either be an inhabitant of this city, or, if otherwise, public notice in the newspapers employed by the city, requiring such owner or agent, within a time to be designated by the city engineer, to cause a proper and sufficient privy to be constructed for such tenement ; and in case of neglect or refusal to obey such notice, the city engineer shall cause such privy to be made for such tenement, and charged as a special tax upon such tenement and the ground attached thereto, to be levied and collected as other special taxes. Sec. 3. No privy shall be emptied between the fifteenth day of June and the fifteenth day of September, unless, on inspec- tion, the engineer or health officer shall be satisfied that the same is absolutely necessary for the health and comfort of the inhabitants ; and, in such case, no more of the contents of said privy shall be taken away than shall be deemed absolutely necessary for present safety arid relief ; and with such precau- * '■J’he word ‘ •coinniissionors, ” in tlie original ordinanoo, is changed by ordinance No. 5478, whicli went into ell'eet December 24, 1804. HEALTH DErARTMENT. 421 tions, relative to the preventing of any offensive eflluvia, as tlie mayor may direct. Sec. 4. Tdie owner or occupant of miy premises where tubs tuIjs tobecinp- . . . tied every two or other vessels are used in a privy, shall not permit the same to days, remain more than two days without being emptied. Sec. 5. No nrivv shall he emptied at any other time than I’livies to be ^ ^ •- emptied at cer- between the hours of twelve p. M. and four A. M. tain hours. Sec. 6. All house offal, whether consisting of animal or House offai, how vegetable substances, shall be deposited in convenient vessels, and kept in some convenient place, to be taken away by the city scavengers. Sec. 7. No person shall throw into any highway, thorough- no article to ue e 1 . 1 T 1 *1 111 thrown into rare, or other public place, any animal or vegetable substance highway, whatever, or any straw, hay, ashes, soot, or any article or substance whatever. Sec. 8. No person shall conduct into any highway, thorough- No aith to bo fare, or other public place, any filth or unclean water from his higii^ay. house, kitchen, or other tenement, or suffer any such water to escape from his premises upon any such place. Sec. 9 . The owner or occupant of any livery or other stable stabie.s, how to ^ 1 kept. within this city shall keep his stable and stable-yard clean, and shall not permit more than two cart-loads of manure to accumulate and remain in or near the same at any one time, between the first day of May and the first day of November; nor No horse, etc., shall he wash or clean any ctirriage or horse, or cause it to be washed or cleaned, on any street, sidewalk, or other ])ublic place, nor suffer any water used in washing horses or carriages to flow over and spread on any sidewalk. Sec. 10 . No butcher, or other person, shall kill or slaughter siaugiuer- any beeves, sheep, or other animals, within this city, unless the be conducted, house, yard, pen, or place where such killing shall take place, be provided with a tight plank lloor, or be paved with brick or stone ; if paved Avith brick or stone, then the earth beloAv it shall be sufficiently solid to prevent its becoming a receptacle of filth and offensive matter. The pavement, in every case, shall be made with a descent toAvards a gutter, Avhich shall pass through the same, and leading to a tub or reservoir, Avhich shall be placed to receive the blood and offal passing therein, Avhich shall be emptied, at the end of each day Avhen killing has been done on 422 IIEAI.TH DEPARTMENT. To be whitp- wasJted. NauHeoub liquor not to be con- ducted into street. Putrid fat, etc., not to be kept in city. Hogs not to be kept in city. Filth, etc., not to be deposited on ground. Green hides not to be kept in city. street inspect- ors may remove nuisances. Hogs at large, declared nui- .sances. Hogs at large to be taken up. the promises, at such place as that no offensive effluvia shall arise therefrom. Sec. 11. Every slaughter-house shall be whitewashed at least once in each month, between the first of* April and the first of November. Sec. 12. No distiller, soap-boiler, tallow-chandler, or dyer, in this city, shall, himself or by another, discharge out of or from any still-house or work-shop foul or nauseous liquor of any kind whatever, into or upon any adjacent ground, or into any street, alley, or other public place. Sec. 13. No soap-boiler or tallow-chandler shall keep, collect, or use, or cause to be kept, collected, or used, in the city, any stale, putrid, or stinking fat or grease, or other matter. Sec. 14. No distiller or other person shall collect or keep any hog or hogs in a pen, or otherwise confine any hog or hogs, in this city, so as to annoy or offend any person. Sec. 15. No person shall deposit any dead animal, or excre- ment, or filth from privies, upon any ground in this city. Sec. 16. No person shall, in this city, place any green unsalted hides in any house, store, cellar, shed, yard, or any open or unopened place, for the purpose of storage, shipment, or otherwise, not to exceed six hours. Sec. 17. The street inspector, or such other officers or agents as may be designated or em])loyed by the board of health for that ])urpose, are authorized to enter and examine all cellars and other places within die city ; if they shall find any offensive substance, or stagnant or filthy water, to cause the same to be removed at the expense of the owner or occupier of the premises, unless such owner or occupier, upon notice, immediately cause the same to be removed Sec. 18. That hogs running at large in the streets and other public places, within the old and noAv limits of the city, be, and are hereby, declared to be a nuisance. Sec. 19. No hogs of' any description shall be permitted to run at large within the old and new limits of the city of St. Louis ; and all hogs or pigs thus found shall be taken u}) by the city marshal and ])laced in some secure ])en or })omid, to be by him })rovided for that })urpose. Sec. 20. Whenever any hog or hogs, pig or t)igs, are thus lIEAI/rir DEPARTMENT. 428 tiiken up, it .shall be lawful for the city uiarshal, and it is hereby up made his duty, to sell the same at auction, to the highest bidder, auction. for cash, after having given three days’ notice, by advertising in the newspapers doing the city printing, of the time and place of such sale ; and the place of such sale shall be in the rear of nlalme^r'oTsaie'* (’enter market, on Eighth street, and the time of such sale shall be during market hours, after seven o’clock a. m. ; and the mode of such sale shall be by selling each animal separately ; and the money arising therefrom shall, after the expenses of taking up and selling the same are deducted, be paid over to the OAvner or oAvners, on their proving, to the satisfaction of the city marshal, that the property of such hog or hogs, pig or pigs, is in them ; but if no OAvner appear, the said money, after deducting the costs aforesaid, shall be paid into the city treasury. Sec. 21. It shall be the duty of the city marshal, at all times, Marshal may to take up any and all hogs or pigs running at large Avithin the ams to take up above-described limits, and employ tAvo or more persons to aid him in carrying into effect the provisions of this ordinance. Sec. 22. All expenses for taking up and selling hogs or pigs K-xpenses oi shall not exceed two dollars per head. uf- Sec. 28. Hereafter it shall not be lawful for any jierson or Penalty tor , , . . , , . ... ke(‘ping hogs iu persons to keep, in any inclosure or otlierAvise, any hogs Avithin city, the limits of the city of St. Louis ; and the OAvner or OAvners, consignee or agent, of any hogs so kept, shall forfeit and pay a sum not less than one dollar nor more than live dollars for each hog; Avhich fine shall be collected as other fines, and paid into the city treasury. Sec. 24. (loats found running at hirge, in the streets or other ooats at large XT, , . . , , , , , , declared nui- puolic places or this city, are declared to be a public nuisance; sauces, and if any goat shall be found going at large as aforesaid, the owner shall forfeit and pay five dollars. ARTICLE IX. (Carcasses of Dead Animah. Section 1. It shall be the duty of all street inspectors to carcas.ses to be ^ reported to clerk reiiort to the clerk of the lioard of health every carcass and the i^card of remains of any dead horse, mare, mule, ox, steer, coav, ass, hog, sheep, goat, (big, or other animal, Avhich they may find, or of the 424 HEALTH DEPARTMENT. To be entered into a book. Book to be open: any person may report carcass. Certain parties to remove car- casses. Time and man- ner of removing carcasses. Bond to be giv- en by parties. existence of which within the city limits they may be informed, as soon as may be, and within six hours after such fact shall come to their knowledge ; and the clerk of the board of health shall enter such report in a book to be kept for that purpose, and designate therein the locality, as near as the same can be ascertained by him, where such carcass or remains were found; also, the hour when reported. Sec. 2. The aforesaid book shall at all times be open to the inspection of the public ; and every person, other than the officers designated in the first section of this ordinance, may report the existence ot* any carcass, or the remains of any dead animals above enumerated, within the city limits, to the clerk of the board -of health, or to any street inspector. Sec. 3. It shall be the exclusive privilege and duty of Albert Feger and Gottlieb Futterknecht, for a period of ten years from the sixteenth of September, eighteen hundred and fifty-six, to remove out of the city all carcasses and remains of dead animals, enumerated in section first, within six hours after a report thereof shall be made in conformity with the first and second sections of this ordinance, and to appropriate them to their own use ; taking care that the carcasses of said animals shall be conveyed away in the most inoffensive manner possible, causing them to be covered with a tarpaulin, or otherwise ; and the drivers of the teams conveying away said carcasses shall not stop on the Avay, unless detained by some unforeseen accident, under a penalty of five dollars for each offense ; which fine shall, upon the conviction of any drivers of said teams, be recovered according to city ordinances. Sec. 4. The aforesaid Albert Feger and Gottlieb Futterknecht shall, before they shall be authorized to perform the duties and enjoy the privileges granted to them in the foregoing section, execute to the city a bond, with good and sufficient securities, in the sum of three thousand dollars, to be approved l)y the mayor and preserved in the register’s office, conditioned for the faithful and punctual discharge of the duties imposed upon them by this ordinance ; said bond to remain in force ten 3 ^ears from the said sixteenth of September, eighteen hundred and fifty-six : Pru- vided^ however^ that if at aiiy time before the expiration of said term of ten years the said Albert Feger and Gottlieb .Eutt('r- HEALTir 1)E1>ARTMENT. 4-25 knoclit sliiill be })i’()liil)ite(l by law or oinliiiaiice, or l)y the decision of any court of competent jurisdiction, from exercising tlie privilege herein granted, in such event said bond shall become void, and the said Albert Feger and Gottlieb Futterknecht shall be released from the obligations herein imposed upon them. Sec. 5. Any street inspector avIio shall fail to fulfill the duties penalties lor herein imposed ujion such officers, and any person other than the ordinance, aforesaid Albert Feger and Gottlieb Futterknecht who shall flay, remove, or in any manner interfere with the carcasses or remains of any dead horse, mule, ass, ox, steer, cow, sheep, hog, goat, or dog, found within the limits of this city, shall be adjudged guilty of a misdemeanor, and be fined a sum not exceeding one hundred dollars; but the provisions of this section shall not prevent the owner of any such dead animal from removing the same out of the limits of the city. The third, fourth, and fifth Limitations ot this ordinance. sections of the ninth article of this ordinance take effect, and are in force, for ten years from the sixteenth of September, eighteen hundred and fifty-six, unless repealed before the end of said term. Seg. 6. Upon the failure of said Feger and Futterknecht to penalty against ^ _ parties failing comply with the third section of the ninth article of this ordi- remove car- f casses. nance, or failing to remove any dead animal within the time specified, they shall be subject to a fine of ten dollars for the first oflense, and for every subsequent offense twenty tlollars. Sej. 7. It shall be the duty of every owner of any dead animal owner to re- _ move carcass of the kind enumerated in section first of this article, and found within certain ^ time, or report. dead within the city limits, who may Avish to convert the same to his oAvn use, to do so within twelve hours after the death of such animal ; and within the same time to remove or cause to be removed without the city limits, at his own expense, all or any remains of such animal as Avould be liable to become a nuisance; or, if any owner of any such dead animal do not wish to convert the same to his own use, then it shall be his duty, within the time herein- before prescribed, if known to him, to report the death f)f any animal to the clerk of the board of health, oi' to some street inspector. Seg. S. Any owner of any dead animal, failing to connily with Penalty tor vio- ^ ^ 1-11 section the retpiii-ements of section seven of this article, shall be adjudged seventh, guilty of a misdemeanor, and be lined a sum not exceeding one hundred dollars nor less than ten dollars. HEALTH DEPARTMENT. ARTICLE X. Cleaning Streets and the Removal of Slops. jiuani of health SECTION 1. Tlio boRi'd ot‘ liealtli is hereby authorized and to provide for ^ removaiof slops. to provide, bj rules entered on the record ofc‘ their coiiiiacts, how proceedings, [for] the removal of slops ; all contracts for such removal shall be for one year from the date thereof, and shall contain clauses that one month’s pay be always held in arrears until the termination of the contract ; and that for neglect of duty of removal, the contract be annulled by order of the board of health, by a majority vote entered on their record, a copy thereof being served on the defaulting contractor. In case of the contract being annulled, the month’s pay in arrears, and of the fraction of such period of time as may be then due, shall be forfeited by the contractor, and the city shall not be held liable therefor ; such provision to Im contained in the contract ; all ])ayments to be monthly on bills audited and allowed by the board of health ; tlie rules of the board in relation thereto to be first approved liy the mayor before they are in force and valid, and the contracts to be approved by the comptroller. Before delivering contracts to be let out, after advertising the letting of the same for five days in the papers doing the city printing, to the lowest and best bidder, care being had that good, reliable men to do the work alone are employed, which shall be a con- sideration in the selection of the best bidder, the Imard of health shall order and direct to what point slops shall be removed outside of the city limits. Board of health 2. Tlic strccts of tlic city sluill bc cleaned by laborers, lT?eets employed by and under the control of the board of health, and the street inspectors shall act as overseers of the laborers in their respective districts. The wages to be paid to said laborers shall be such as may bc fixed by the board of health. The work provided for in tliis section shall l)c paid out of the a])])ro- priations for cleaning streets. Seu. 2). A11 work done under the foregoing section shall be done in strict com])liance with the direction of the resjiective street ins})ector, subject to the contriil of the mayor. M to fix and approve bond of superintendent 5 Children, abandoned, may be committed to house refuse 9 inmates of bawdy-houses, etc., may be committed tt Clerk of police court, to enter eommitimmts in book 7 *The tenth section, and also the last part of the eleventh (here tenth) section, of the ori‘e 1) Expenditure, s for bouse of refuse, sup(‘riutemleut to I'eport 5 House of refuge and reform,, es- tabiisbed 1 bow {^oiitrolbal 1 location of 1 to constitute dei)artineut 2 wlio liable to coiiliuemeiit iu,...7, JJ bow' loii^ convicts to remain in 9 Inmates of house of refuge^ board of managei-s may appren- tice 3 how' employed 3 bow' discbarg’cd 3 superintendent to report num- ber of 5 Juvenile 0 fenders, bouse of refuge estar)lisbed for 1 Marshal (city), to deliver con- victs to superintendent 7 to return commitimuits to clerk of police court 7 Matron of house of refuge, board of managers to appoint 5 to tix sabu-y of 5 term of oflice of. 5 Mayor, may commit to bouse of refuge 9 to njduce t(*sliinony against convict to writing.' 11 Officers, board of managers to aj)point 5 I Offiicers,{o lix salary of. ^ 5 I term of ollicc^ of. 5 I Orders on treasurer, to be drawn by cliaiianan and secretary oi' boai-d of managers (J in favor of superintendent, not to exceed certain amount (> Folice. to enforce certain ordi- nance* 10 Record of convicts, sujierintend- ! ent to keep 8 wbat to contain 8 Record of proceedings , board of managers to k(*ep 4, (> Recorder, may commit to house of refuge 7 to i-edu(;e certain testimony to writing 11 Report of board of managei’S, wbat to contain 4 I of supetriiitendent, wbat to contain 5 Rules and regulations , boiird of managers to make of superintend(*nt, bow tixed. Settlement, superintend(*nt to make Superintendent of house of refuge, bow' appointed salary of, bow tixed term of olHce of, bow' tixed bis })owers and duties 5, 7 Te.dimony against convicts, su- pei'intendent to pi'cserve 2 5 5 5 5 T) 5 5 8 11 Be il ordained hy the Cmnimm Council of the City of St, Louis . Section 1. Tlierc is herein' estahlislied a liouse oF refuge and House of refuiio reform for juvenile offenders, which shall he known hy the name of the St. Louis House of llefuge, and which shall he under the control of a hoard of managers, as provided for and in conformity w'ith an act of the general a-ssendtly of the State of Missouri, approved Eeltruary *28, IHoo ; and the block of ground designated in said act is herclty set a})art and appropriated for the location of said institution. Sej. 2. Said house of refuge shall constitute one of the supportofi. Beef., ])rovisions for insp(‘ction of. I . olhaHMl for sale in barrids or half-l)ai-r(‘ls I, 2 how classilic'd I, 0 inbMTuixin^j: after inspection, p(Mialty I, 7 INSrECTION DEPA RTMENT. 4Hr) Beef, coinpeiisatioii to inspect- or for storing- I, ^ 8 tainted, to be marked “coii- deinned” I, 9 Bratids, altering or chaiio-in^ af- ter inspection 1, 7; IV, 7 Classification of beef. I, (> of pork I, 5 Common council, inspector of beef and pork to report to G Compensation to inspector, forcer- tain articles used I, 3 for inspecting tallow or lard...I, 5 for storing beef or pork I, 8 '‘Condemned,’’'’ what to be brand- ed as I, 9 Cooperage, inspector to be com- pensated for I, 3 Corn, standard weight of Ill, 3 refusing to have weighed, penalty Ill, 3 Deputies, inspector of weights and measures may appoint II, 8 Dry measure, what to be sold by II, 4 Expenses for salt, etc,, inspector to be compensated for I, 3 False v^eights , etc. , to be seized , when II, 1 Fees, of inspectors IV. of inspector of beef and pork IV, 1 of inspector of weights and measures IV, 2 General provisions concerning in- spectors IV. Grains, weight of regulated... I II, 1 Inspection department established 1 , 1 what to embrace I, J Inspector of beef and pork, how appointed I, 1 powers and duties of I, 2—9: IV, G fees of. IV, 1 Inspector of weights and measures, how ajiiiointed I, 1 provisions concerning II. duties and powers of... II, 2 — 8: IV, 4 fees of. IV, 2 fees of, on second inspection I V , 4 Inspectors , fees of IV. general provisions concern- ing IV. appeals may be taken from IV, 8 not to deal in articles in- spected IV, 11 Intermixing insj^ected beef or ])ork, penalty I, 7 Ijard, how to be inspected I, 5 Mayor, to aiipoint inspectors I, 1 to appoint reviewers, when IV, 8 Measures, provisions concerning inspection of. II. to be tested and stamped, when II, 1, 2, 7 Measures, failing to have tested, penalty II, ^ 3 proximity to goods, evidence of use II, G using without being tested, penalty 11, G Oats, standard weight of. Ill, 3 penalty for refusing to have weighed Ill, 3 lor certain offenses I, 7; II, 3, 5, G; III, 3; IV, 7 Pork, provisions concerning in- spection of. I. in barrels and half-barrels to be inspected I, 2, classification of. 1, intermixing after inspection, ' penalty I, 7 compensation to inspector for storing I, 8 tainted, to be marked “con- demned” I, 9 Register (city), inspector of weights and measures to re- port to II, 1 inspector of beef and pork to report to IV, G Salt, expense for, allowed to in- spector I, 3 how much to be used for pork I, 5 how much to be used for beef. 1, G Saltpetre, expense for, allowed to in.spector I, 3 Scales, to be tested and stamped, wdien II, 1. 2, 7 failing to have tested, pen- , alty : II, 3 proximity, evidence of use. ..II, G using without being tested, ])enalty II, G Standard weight of grains, r(*gu- lated Ill . when to he enforced Ill, 2 Storage, comi)ensation to in- sp to be considered part of scales IV, 3 Wheat and grains, standard weight of. III. ej lO 486 INSPECTION DEPARTMENT. Inspection de- T)iirtment estab- lished. Inspectors to be appointed. Inspector of beer and pork, duties of. Compensation of inspector. Resrnlations concerning bar- rels. Classiflcat jon of pork. Be it ordained by the Commoix Couneil of the City of St. Louis .• AKTICLE I. Inspector of Beef and Pork. Section 1. A department of the city government is estab- lished, to be called the “Inspection Department,’’ embracing the inspector of beef and pork, and the inspector of weights and measures ; and the mayor shall nominate to the common council, for their advice and consent, on or before the third Monday in May in each year, one or more inspectors of beef and pork, and an inspector of weights and measures, subject to the compensation and duties hereinafter provided. Sec. 2. It shall be the duty of the inspector of beef and pork to inspect, weigh, and determine the quality of beef and pork, in barrels or half-barrels, offered for sale in this city, when requested so to do, according to the grades hereinafter established ; to brand the barrels inspected, and to deliver to the person causing the inspection to be made a certificate of the number of barrels and half-barrels inspected, and the quality thereof; and to register, in suitable books, all inspections made, with the date thereof, and the name of the person for whom made, and the number and quality of the barrels and half- barrels. Sec. 3. The inspector shall be allowed a reasonable compen- sation, over and above his fees for inspection, for any salt, saltpetre, and cooperage which may be necessary to make any beef or pork inspected by him merchantalile. Sec. 4. All barrels containing salted beef or pork shall be made of good, seasoned white oak, free from any defect, and every barrel shall contain two hundred pounds of beef or pork ; and a quarter-bound barrel shall be hoojied with at least twelve sub- stantial hoops, and a full-bound barrel ivith at least eighteen substantial hoops, and half-barrels shall be in jiroportion to the foregoing ; each barrel shall be branded ivith the first letter of the Christian name and the surname at full length of the inspector ; and half-barrels shall be in projiortion to the foregoing. Sec. T). All pork shall be carefully insjiected, and the inspector shall not brand any but such as shall be well-fattened, which shall INS PECl^K )N 1 )F.VA IITMENT. 1)0 assorted and divided into seven difl’erent classes, to be den- ominated “extra clear pork,” “clear pork,” “mess pork,” “mess ordinary (MO) pork,” “ pi-inie mess pork,” “prime pork,” and “rump pork.” Extra clear pork shall consist of sides of good corn-fatted hogs, cut into strips of from five to seven inches wide, the fat to he not less than three and one-half inches thick, the ribs and backbone taken ont, the barrel to con- tain two hundred pounds net, and to be branded “[extra] clear pork ;” selection same as mess. Clear pork shall consist of sides ciearpoik. of good corn-fatted hogs, cut into strips of from five to seven inches wide, the fat to be not less than two and one-half inches thick, the ribs and backbone taken out, the barrel to contain two hundred pounds net, and to be branded “clear pork;” selection same as mess. Mess pork shall consist of sides of good corn- Mes^ pork: fatted hogs, cut into strips of from five to seven inches wide, the fat to be not less than two and one-half inches thick, ribs and backbone left in, no barrel to have more than five flank and five butt pieces ; the barrel to be branded “mess pork,” and to contain two hundred pounds net. Mess ordinary pork shall consist of Mess ordinary sides of good corn-fatted hogs, cut into strips of from five to seven inches wide, to be made of lighter sides than used for mess pork, ribs and backbone left in; each l)arrel to contain two hun- dred pounds net, and to be branded “mess ordinary (or MO) pork.” Prime mess pork shall consist of the sides and shoulders rrime mess I ^ j) 0 r k (hams are also allowed) of good corii-fatted hogs, weighing from one hundred and forty to one hundred and seventy-five pounds, cut into Sipiare pieces as near four pounds in weight as possible, the shanks to be cut ofi‘ close n\) to the breast, each barrel to contain fifty pieces, twenty pieces of the shoulders and thirty pieces of sides cut ; each barrel to contain tAvo hundred pounds net, and to be branded “prime mess pork.” Prime pork sliall Prime pork. consist of three shoulders, three half-heads or joles, three rumps, and balance of the Aveight to be made up Avith side pieces sucli as Avould l)e suitable for mess or MO pork, the shoulders to be cut into tAvo or three pieces, shank cut off above the knee, the heads to 1)0 divested of ears, snouts, and brains ; each baiTcl to contain two hundred pounds net, and to be branded “ prime pork.” Rump uump pork. pork shall consist of the rump pieces of good corn- fatted hogs, Avdth all the fat left on except Avhat may be taken off to sipiarc the 438 INSPECTION DEPARTMENT. Olassiflcation of beef. Mess beef. ^ edges, tails cut off‘; each barrel to contain two hundred pounds Keguiations for net, aiid to bo branded “rump pork.”- There shall not be less inspecting pork. _ ^ ^ ^ than fifty pounds of coarse salt to each barrel of the above-men- tioned (jualities of pork, and each barrel shall be filled with good strong pickle. It shall be the duty of the inspectors of pork and beef to strip lard or tallow in packages, to ascertain the actual tare thereon when requested so to do ; and shall furnish a certifi- cate to the person for whom the packages are stripped, giving the actual gross tare and net of each package ; for which the inspector shall be allowed a reasonable compensation. Sec. 6 . All beef shall be of well-fattened cattle, and shall be cut into pieces as square as may be, and shall not exceed twelve, nor less than four pounds in weight ; and all beef, which shall be fat and merchantable, shall be assorted and divided into three different classes, to be denominated “mess,” “prime,” and “cargo.” The first quality shall be denominated “ mess beef,” and shall consist of the two pieces of the rump, two choice pieces of the round, a few pieces of the loin, and make up the remainder of the barrel with briskets, plates, navel pieces, and the front cut from the shoulder, with the belly part of the ribs taken off ; and on one head of every barrel of such beef shall be branded “mess beef.” The second quality shall be denominated “ prime beef,” and' shall consist of two flanks, two shoulder clods, two shanks cut off above the knee joint, and half of the neck, with the point of the neck cut off ; in each barrel the upper layer must be good side pieces, the remainder to be made up as near as possible of a great proportion of the shoulder, loin, and rump; and on one head of every barrel of such beef shall be branded “prime beef.” The third quality of beef shall be denominated “cargo beef,” and shall be of fat cattle, with a proportion of good pieces, and not more than one- half of a neck, nor more than three flanks, with a proportion of shanks with the hocks cut off in the same manner as in prime ; and the barrel ought to be otherwise mer- chantable, and branded “ cargo beef. ” And there shall not be less than sixty poumls of coarse salt, and a sufficiency of salt- petre, in each barrel, and to be filled with pickle as strong as salt can make it, with not less than two hundred pounds of beef in each barrel. Sec. T. Whoever shall intermix, take out, or shift any beef or Prime beef. Cargo beef. Directions for inspecting beef. INSl^ECTION DEPAHTMENT. 489 pork packed and branded as directed by tins ordinance, or alter, r^naity tor I r ^ ^ cliaiiguig iii- ehano’e, or deface any brand or mark of the inspector, shall i^eer forfeit and pay not less than ten nor more than one hundred dollars. Sec. 8. The inspector shall be entitled to receive from the Fees of in- '■ ^ spector for owner or owners, for storage on all beef or pork that shall be storage, left with him for inspection after five days from and after the time the same shall have been inspected and branded, for each and every barrel or half-barrel six cents per month, and no more. Sec. 9. If, upon the inspection of any beef or pork, the same wuat to be shall be found to be tainted, spoiled, or otherwise rendered demnea.” useless, the same shall be branded condemned,” and shall be forthwith turned over to the owner or the agent. ARTICLE II. Inspector of Weights and Measures. Section 1. It shall be the duty of the inspector of weights inspector ot , . . -11 weights and and measures, twice in every year, to examine and test the measures ; du- accuracy of all weights, measures, scales, or other things used by any person for weighing or measuring anything for sale ; to stamp with a suitable seal, to be prescribed by the mayor, each weight, measure, and scale so used, which he may find conformed, or which may be made to conform, to the standard prescribed by the laws of the United States or this State, and to deliver to the owner thereof a certificate of their accuracy ; to seize, in the name of the city, all false weights, measures, and scales which he may find, and which the owner shall fail imme- diately to have made conformable to said laws ; to register the names of all persons whose weights, measures, or scales he may find to be accurate, and of all persons who fail to have the same corrected when not so found, and to reiiort such persons to the recorder ; to report every three months to the city register the names of the jiersons and the number of weights, measures, and scales examined and found by him to be accurate ; and to examine and test, whenever re(piested by a weigher of hay and stone-coal, any of the public scales of this city. Sec. 2. All weights, measures, scales, or other things used what .subject to by any person for weighing or measuring any article for sale 440 INSPECTION DEPARTMENT. Penalty for fail- ing to cause in- spection. Dry measure, what. Penalty. Kvidence of use of measures. Yard-sticks, what consid- ered. Measures, what considered. Deputies maybe appointed. Standard weight of grain, etc. in this city, shall be subject to inspection, as hereinbefore provided, on and after the first Monday in June, and a sub- sequent inspection on and after the first Monday in December, of each year, without regard to date of’ any preceding certificate. Sec. 3. All persons using weights, measures, scales, or other things for weighing or measuring any article for sale in this city,' shall cause the same to be examined, tested, and sealed as hereinbefore provided, under a penalty of not less than one nor more than ten dollars for failure so to do. Sec. 4. All substances, other than liquors, when sold by measure, shall be sold by dry measure, according to the standard established by law. Sec. 5. Whoever shall violate the provisions of the fore- going section shall be fined not less than five nor more than one hundred dollars, on conviction before the recorder. Sec. 6. The proximity of all weights, measures, or scales, to goods, wares, or other articles exposed for sale, shall be evidence of their use ; and the inspector shall arrest or cause to be arrested any person or persons using such weights, measures, or scales, not being in accordance with the city standard ; and a fine of not less than five nor more than one hundred dollars shall be imposed for each and every offense. Sec. 7. The inspector of weights and measures shall consider all yard measures, or devices of aiiy kind used for measuring goods, as yard-sticks, and exact a like fee therefor; and the inspector’s certificate shall be given only on receipt of his fees. He may test and seal all weights, measures, and scales which may be used in such a manner that the accuracy of them may pecuniarily interest any other citizen than the owner. Sec. 8. The inspector of weights and measures may appoint one or more deputies, subject to the restrictions of the second and third sections of the third article of an ordinance entitled ‘^An ordinance concerning officers, appointments, salaries, etc.,” approved July J, 1863. ARTICLE III. Standard TVei^hl of Wheat and other Grains. • Section 1. That the following grains and other articles, when sold as merchantable in the city of St. Louis, and when sold by rNSPP:C41()N DEPARTMENT. 441 tlio busliel, sliall be coiiyidered as sold at tlie following number of ])onnds, avoirdupois, to the bnsliel, viz: Wheat, beans (except castor beans), clover seed, potatoes, sixty pounds to tbe bushel; rye, Hax seed, fifty-six })onnds to the bushel ; barley, foi’ty-eight pounds ; bran, twenty pounds ; onions, fifty-seven pounds ; dried peaches, tliirty-three pounds; dried apples, twenty- four pounds ; buckwheat seed, fifty-two pounds ; castor beans, forty-six pounds ; hemp seed, forty- four pounds ; blue-grass seed, fourteen pounds ; timothy seed, forty-five pounds ; salt, fifty pounds to the bushel. One bushel of charcoal shall be equal to five pecks. Sec. 2. IVlien no agreement exists to the contrary in relation Abo-e to be standard, when. to the above-named articles, the measure and weight as above specified shall be the city standard. Sec. 3. The standard weight of corn in the ear shall be seventy standard weight . . of corn. pounds ; shelled corn, fifty-six pounds ; and oats, thirty-five pounds, avoirdupois. All persons offering corn in the ear, or oats by the load, for sale, and shall refuse [to have] the same weighed by the city weigher, shall forfeit and pay to the city of St. Louis not Penalty, less than one nor more than twenty dollars for each and every such offense, the fine to be collected before the recorder, in the same manner as other fines are collected: Pi'oviiUd ^ however^ that the penalty herein jirovided shall not apply to persons selling ten bushels of corn or oats, or less, out of a load without weighing the same. A K T I C L E 1 V. Fees of lns]}eelo7's^ and General Provisions. Section 1. The inspector of beef and pork sha each Invrrel inspected and branded by him twenty-five cents, and hi for each half-barrel fifteen cents. receive ror Fees of inspecl- or of pork and ef. Sec. 2. The insiiector of weights and measures shall be entitled pcps of inspcct- ^ . . . ... or of weights to receive for examiinng, testing, sealing, and certifying, as herein re({uired, as follows: Any steelyard, lieam, ground-floor or platform, counter, or other scales, by which may be weighed not exceeding six hundred pounds, twenty-five cents ; any such instrument by which may be weigbed over six hundred pounds and less than twelve hundred pounds, fifty cents ; any such in- strument by which may be weighed over twelve hundred pounds, INSPECTION DEPARTMENT. 44*2 Weight, part of scale. Fees for subse- quent inspec- tion. Fees for testing scales. Report to be made. Fenalty for al- tering inspec- tion brand. seventy-five cents ; any yard-stick, dry or lit^uid measure, ten cents ; any nest or set of measures, twenty cents. Sec. 3. The weight attached to any scale shall, as to the com- pensation of the inspector of weights and measures, he considered a part of the scale. Sec. 4. The inspector of weights and measures shall, for a second or subsequent inspection of weights or scales, be entitled to charge and receive the same fees as for a first inspection specified in this ordinance, and may retain the article so inspected in his possession until the fee for inspection be paid ; and he shall, in every case where he may employ labor or material in making the same accurate, be entitled to just compensation there- for, and to retain the article upon which such labor or material has been employed until such compensation be paid. Sec. 5. The inspector shall be entitled to charge, for inspecting and testing the several scales of the city for the weighing of hay and stone-coal, two dollars for each inspection, and for each platform scale in the use of the city, two dollars per year; and the auditor shall audit such account, charging the same to appro- priation for market and market-houses. Sec. G. The inspector of ])eef and pork shall report, under oath, on the last Saturday of each month, to the city register, and to the city council at the opening of each stated session thereof, an abstract of the registers hereinbefore required to be kept by him, respectively, and of inspections made for the previous month, or six months, as the case may be. Sec. 7. Whoever, after any barrel, or half-barrel; shall have been inspected and marked as hereinbefore re({uired, and before sale thereof for immediate consumption by the buyer, shall alter or deface the mark or brand placed thereon, under the provisions herein contained ; 'or shall, in any manner, diminish or change the contents of any such vessel ; or shall sell or offer for sale any such vessel, knowing that the mark or brand thereof has been so altered or defaced, or the contents thereof so diminished or changed; or shall in any manner impose or attempt any fraud or deception upon any of said officers in relation to the articles which they are authorized to inspect, shall forfeit and })ay not less than ten nor more than one hundred dollars. Sec. 8 . Any person dissatisfied with the decision of any two INSrECTK )N 1 )E1>A inWIENT. 44:i ot* the inspectors first named lierein may apjieal to tlie mayor, 7" and thereupon tliree experienced, disinterested persons shall he tr(,ni. selected as reviewers, one by the appellant, one by the inspector, and one by the mayor ; who, being hrst sworn faithfully and impartially to examine and determine the matter in controversy, shall, at a time designated by the mayor, meet and decide the appeal, taking the provisions of this ordinance as the rule of their decision ; and shall direct what mark or brand shall be put upon each barrel or cask, and the inspector shall brand them accordingly. Sec. 9. If the decision of the reviewers be in favor of the Costs of ajjpeal, inspector the appellant shall pay all costs of the appeal; other- wise, the inspector shall pay the costs, for which costs execution shall be issued by the mayor. Sec. 10. The costs wdiich may be collected on any such what to consti- appeal shall be the marshal’s fee for summoning the reviewers, as in case of the service of a summons issued by the recorder ; the fee for the affidavit of the reviewers ; and, if demanded, five cents to each of the reviewers, for each barrel, half-barrel, or other cask examined by them. Sec. 11. The said two inspectors first named herein shall uispectors not _ to deal in cer- not, nor shall any of their deputies, be engaged in any 'way, tain articles, directly or indirectly, in the buying and selling of any of the articles which they are authorized to inspect. Approved, Sejitember 9, 1864. (No. 5437.) AN OEDINANCE PEOVIDING FOR THE INSPECTION AND WEIGHING OF BALED HAY. Abstract of ccrtificafcs of inspec- tion, insix'ctor to ivo-ister...^ 5 to be open to piiblie 5 Baled Ita.y , ottert'd for sale, to be inspeeted 3 olfering for sale without in- speetiqn, ])enalty 4 cla.ssilieation of. 3 Bond of inspeetors of bay 1 Brands of insi)eetors, eliann-in^ or altering, pt'iialty 7 Certificates of inspeetion, in- speetors to n-ive 5 Oiamfiyuj marks or brands of in- spectors, penalt}' 7 Classification of btdt'd Iniy ^ 3 CompensatUm of ins])eetors of liny 5 Condemned, hay, what to (;oni- prise. 3 to be sold by insiiectors G liroeetMls of sale of, bow dis- posed of. G Fees of inspeetors of bay 5 Hay, baled, ollei-ed for Side, to be insjiected bided, eliissitieation of. 3 bided, ollerino- for side with- out insix'etion 4 condemned, what to comprise 3 444 IN SPECTION DEPARTMENT . Inspectors of- hay to be ap- pointed. Inspector to give bond. Term of oftice of inspector. Unties of in- si)ector. Classilioation of hay. //ay, condemned, to be sold by insiiectors G condemned, proeeed.s of sale of, bow disjiosed of. 6 Jlaops, inspector to deduct weio-bt of. 3 Inspectors of hay ^ mayor to ap- l)oint 1 to ble bond ] term of office of. 2 tbities and powers of 3, 5 compensation of. 5 altering brands of, penalty 7 Informers^ to receive one-balf certiiin tines \ 4 Marks of inspectors, cbanging, penalty 7 Mayor ^ to appoint inspectors of bay ] Penalties for (‘crtain offenses 4, 7 Staves, bay bound in, inspector to deduct weight of. 3 Weight of boops or staves, in- spectors to deduct 3 Be it ordained by the Common Councit of the City of St. Louis . Section 1. Tlie mayor shall appoint one or more, not to exceed three, suitable persons to act as inspector or inspectors of hay in the city of St. Louis ; and shall, without delay, after such appointment, submit, for the approval of the common coun- cil, the name or names of persons so appointed. Should the council approve such nomination, the mayor shall cause a commis- sion to issue to such person or persons, as in case of the city officers appointed and commissioned by him, on the said party or parties filing with the city register a bond, to be approved as in cases of other city officers, in the sum of five thousand dollars, conditioned for the faithful performance of his or their duties as such inspector, and as indemnity for all losses sustained through the malfeasance or negligence of such officer. Sec. 2. Such officer, so appointed and approved, shall hold his office until the first Monday in June, eighteen hundred and sixty- five ; and thereafter shall be appointed for one year from the first Monday in June in each year, and until his successor is duly appointed and (|ualified. Sec. 3. It shall be the duty of such officer to carefully weigh and inspect all hay which shall be sold or ofiered for sale, in bales, in the city, or that shall be brought into the city for sale or delivery under any contract or sale elsewhere ; and for the purpose of such inspection he shall use such instrument as he shall deem most practicable for a thorough inspection thereof ; and shall classify the same and niark it accordingly, with the weight of each liale, as follows: Number one, })rinie ; number two, good; number three, damaged; cipher (0), condemned. Tlie last class, condemned, shall comprise such as the inspectors INSl’EOTION 1)E1>AHTM l^NT. on inspection, shall bo satisfied was baled with a view (by the party baling or causing it to be baled) of' defrauding purchasers by the incorporation of foreign substances in such bales to increase the weight thereof. It shall further l)e the duty of such inspector, in all bales of hay coming under his supervision, and bound with wooden hoops or staves, to carefully estimate the weight thereof and deduct the same from the weight of such bales, marking every such bale with its net weight. Sec. 4. Every person who shall sell or offer for sale in this city Penalty for sell- any baled hay, without the same being inspected, weighed, and spected. marked, as hereinbefore required, shall be deemed guilty of mis- demeanor ; and shall, upon conviction thereof before the recorder, be fined not less than fifty nor more than five hundred dollars for each offense, one-half of the fine so collected to be paid to the informer, and the other half into the city treasury. Sec. 5. The inspector of hay shall keep an office at some inspector to eligible locality, and shall deliver certificates of weights and quality of all hay so inspected by him to the party or parties having the same weighed and inspected, and shall keep a correct abstract of every certificate in a book to be kept in his office, which said book shall be open at all reasonable times to the inspection of any person interested in any ins})ection by him made ; and for his services as such ins})ector and for weighing he inspector’s foes, shall be entitled to demand and receive eighty cents per ton for each ton weighed and inspected as by this ordinance required, said fee to be paid by the pai’ty for whom such inspection .is made, and to be in full compensation for his services as such inspector. Sec. 0. All hay condemned, as by section third of this condenmod hay ordinance, shall, after I’easonalile notice given, be sold by the ^ inspector; and the proceeds thereof, after deducting expenses of sale and ten per cent, as his commission for selling 'same, shall be paid into the city treasury. Sec. 7. Any person changing the marks or brands of the p>.naity fur inspector of hay, either as to weight or (piality, shall, up()n conviction thereof, be subject to a penalty of not less than twenty dollars nor more than one hundred dollars, to be collected as in other cases of breaches of city ordinances. LAND COMMISSIONER. 44() Gontlictiiig o (li nances re- pealed Sec. 8. All ordinances or parts of ordinances conflicting here- with are hereby repealed. This ordinance, having been returned by the mayor, with his objections thereto, and, after reconsideration, having passed the common council by a vote of two -thirds of all the members elected to the council, as provided and required by the city charter, has become a law this fifth day of September, A. D. eighteen hundred and sixty-four. (No. 5393.) LAND COMMISSIONER. AN ORDINANCE ESTABLISHING THE OFFICE OF LAND COMMISSIONER AND REGULATING THE PROCEEDINGS THEREOF. Alleys^ declared nuisances, pro- ceed i n «-s to 1 1 cl i i n g* in. dedicated and not opened, proceedings IF, I 23 duties of land commissioner in 0 ])ening, etc IF, I Altering street^ etc.^ proceed- ings FF. Asnessor, to furnish plat to land commissioner FF, 1 Attachments^ how issued and served FF, 2 Auditor^ com])ti-oller’s receipts to he tiled with IF, 15 iharshal’s receij)ts to he liled with IF, IG to charge comi)troller with amount of I'cceipt IF, 15 to charge m a r s h a 1 w i t h amount of receipts IF, 16 to credit comptroller with amount paid into the treas- ury FF, 15 to credit nnn-shal with amount paid IF, IG to issue wari’aut for expenses in Yi(‘wiiig nuisances IFF, 4 to k(‘ep account of street-op(*n- iiig fund IF, 14 Avenues^ d(*dicat(“d and not opened, ]»roce(*diugs IF, 23 linildings^ engimau' to remoVe from streets, when IF, 22 Clerk of hoard, (f healthy duty of, to notify laud commis- sionei*, when IFF, 1 Clerk of common council,, duty of, to certify contii-mation of verdict of juiy IF, § 11 Common council,, land commis- sioner to I’eport to... I, 2; IFl, 2 Comptroller ,, land commissionei’ to furnish abstract of judg- ments to, when *.......11, 6 to notify parties of assessment of benetits II, G land commissioner to report to, what I, 3 to advertise abstract of judg- ments 11, G to receive i)ayment of benetits assessed II, 6 to receive payment of excess of benefits over damages as- sc'ssed. when II, 7 to receipt for abstract of judg- ments, when FI, 15 to return list of judgments to land commissioner IF, G Co7npensa,tion (f jurors, \\, 13; IFF, 3 Contracts touching city property, to be co))ied and lihal 1, 2 Conveyances of city property, to be copied and liled F, 2 Costs in cond(*minug private ))i‘ 0 ])(‘rty, how chai'g(al Ft, 20 Counselor,, to conduct suits F, 2 Damages and. costs,, to what fund to b(^ chargcal FF, 20 how i)aid FF, 20 wIkmi to Ix'ar iutc'ri'st IF, 10 when to b(‘ i)ald IF , 10 LAND COiOIISSIONER. 447 Dcafs for property sold under exeeution, A\ ho to make and how to he acknowledged and attested 11, 9 to he recorded and liletl II, 12 to city ])roi)erty, to be copied ami preserved I, 2 Engmeer, iliity of, to open streets and remove obstructions, when II, 23 to take i)ossession of proper- ty, when II, 22 to survey and make plat of property, when II, 1 Excess of benetits over damages, when comptroller may re- ceive II, 7 Executions to issue for unpaid judgments II, G to be credited with damages awarded II, 7 form of and when returnable. II, 8 who to collect II, G Exjienses in I'cmoving obstruc- tions, how charged II, 22 in viewing nuisances in al- leys Ill, 4 Improvements ^ to be removed by engineer II, 22 to be sold bj" engineer 11, 22 Judgments, land commissioner to render II, G when to be canceled II, 7 Jurors^ compensation of 11, 13; III, 3. fees of, how' ])aid II, 20 Jury, duties of in op(Miing street II, 5 duties of in viewing nuisan- ces Ilf, 2 oath to be taken by II, 4 Land commissioner, how ap- l)oint(‘d I, 1 salary of. I, 1 tei-m*of oHice of 1 , 1 general duties of 1 , 2 dutu's of, in oi)eiung sfre(‘ts, II. duties of, in viewing nuisances in alleys III. Marshal, to serve and return process II, 2 to collect execaitions II, G to adv(‘rtis(* and sell i)roi)erty. II, 8 to make deeds of properly sold II, 9 to strike otf i)roperty to city, wluMi *. "ll, 10 to s(‘rve ])rocess in viewing nuisance's Ill, 5 Maps, land {‘,ommission(*r to cause' e'e)pieLs of te) be maele I, 2 Mayor, ele'e'els te) be ae'kneewl- e'elgeel be'tbre II, 9 lanel e*e)mmissie)neir to I'epeu't te), when II, 23 Mayor, ])i-oc('^Hlinf2:s of. to open street, etc. . eleelicated and ne)t e)pe'neel II , ^ 23 Notice by lanel commissioner, be- fore ejonelemning i)roperty, II, 2 further, to all interested in beiK'tits, etc II, 3, G how issued, attested and serveel II, 2 Nuisances, proceedings when al- ley declai-ed to be III. Oath to be taken by jury II, 4 Obstructions, engineer to remove, when II, 22 Opening streets, proceedings II. Flats, engineer and assessor to furnish, when II, I to be recorded, when II, II Private property , how' condemned to i)ublic use II. Process before land commission- er, how issued, attested and served II, 2; III, 5 Property to be sold under exe- cution. when II, 8 Public srvpd. other parties interested, whether in damages or benefits, that such proceedings are about to be had, and that all such interested parties may appear and attend to their interests on the day and at the place appointed by the land commissioner. Sec. 4. The jury shall be sworn ])y the land commissioner oath toue taken faithfully and impartially to discharge the duties imposed upon them by the seventh section of the act of the general assembly of the State of Missouri, entitled “An act supplementary to the several acts incorporating the city of St. Louis,” approved January sixteenth, eighteen hundred and sixty. 29 by jury. 450 LAND COMMISSIONER. Impanneling of jury ; to hear evidence. To return ver- dict. Land commis- sioner to render judgment, when. To furnish ab- V stract to comp- troller. Comptroller to advertise. To send writ- ten notice. Assessments to be paid to comp- troller. Lists to be re- turned to land commissioner. Sec. 5. The jury shall be impanneled in the hall of the common council, where the evidence shall be heard on either side ; and, after hearing all the evidence, and examining the ground to be taken, owned by the parties to be charged with damages, or compensation to be assessed, they shall return their verdict to the land commissioner. Sec. 6 . Immediately after the council shall have confirmed the verdict of the jury, and made an appropriation of the sum, if any, awarded to be paid by the city by the verdict of the jury, it shall be the duty of the land commissioner to render judgments in favor of the city of St. Louis against the several parties, and against the property charged by the verdict of the jury, for the payment of the damages assessed ; and the land commissioner shall also immediately make out a certified abstract or list of said judgments, showing the persons, property, and amount, and the j)ro rata cost up to the rendering of the verdict of each judgment, and shall furnish the same to the city comptroller, who shall advertise said list for ten days in one or more news- papers published in the city of St. Louis, notifying all persons against whom and against whose property assessments are made that they^ may pay and satisfy the same before execution shall issue at the comptroller’s office, and pay the same to the comp- troller at any time within thirty days after said notice is inserted [and the comptroller shall also cause written notice to the same effect to be sent to all parties whose property is assessed, or against whom judgment may have been rendered, to be served personally on such parties, or the agents and tenants of such property ; and if personal service can not be made on such parties, or their agents or tenants, said notice shall be placed in the post- office of the city of St. Louis, addressed to such parties];* and the comptroller shall receive from such parties as desire to pay the same all assessments levied against them and against their property, and pay the same into the city treasury ; and at the expiration of the thirty days the comptroller shall return said list to the land commissioner, with his marginal remarks tliere- on, showing what judgments have been paid and what remain *That part of section six of this article whicli is inclosed in brackets is added to the original ordinance by ordinance No. 551(1, approved March 7, 1805. LAND COMMISSIONER. 451 unpaid; and the land commissioner sliall then immediately issue rand commis- ^ _ . . , . tiioner tu issue executions on all judgments remaining unpaid, with the })ro executions. rata cost for advertising and collecting the same added thereto, directed to the city marshal, whose duty it shall be to collect the Marshal to coi- .i (i ill’ lect executions. same from the owner or owners or the property charged in the execution ; and the land commissioner shall file the said abstract or list returned to him by the comptroller in his office. Sec. 7. Whenever judgment shall be rendered by the land Excess of bene- commissioner for the condemnation of private property for public ges may be paid use, the comptroller is authorized to receive from the owner of property against which benefits or damages have been assessed the excess of the benefits over and above the damages, and iudgment shall thereupon be canceled. All executions for bene- Executions to fits shall be credited with the amount of damages which may be benefits, awarded in favor of the party against whom the execution shall be issued. Sec. 8. The execution to be issued in each case shall be a Executions, na- special fieri facias^ and shall be in conformity Avith the judg- served, ment, and shall be returnable to the land commissioner within forty days ; and it shall be the duty of the marshal, unless other- wise directed by the land commissioner, to advertise and sell the property charged in the execution in the manner prescribed for the sale of real estate under execution by an act of the general assembly of the State of Missouri, entitled “An act to regulate executions,” approved December first, eighteen hundred and fifty-five. Sec. 9. In every sale under execution it shall be the duty of Duty of marshal the marshal to make a deed to the purchaser, Avhich deed shall be executions, acknowledged before the mayor, and attested by the city register, under the seal of the city, and shall recite the execution, time and place of sale, the name of the purchaser, and the amount of the bid ; Avhich deed shall vest in the purchaser such title to the property named in the execution as can be conveyed under the proceedings had. Sec. 10. The city marshal shall, unless the property described Property to be in the execution brings the amount of the execution and costs, city, unless ... rr 1 • f T • 1 1 e aniount of, with strike the same off to the city or St. Louis as purchaser thereor, costs, be bivi. and shall make a deed therefor to the city of St. Louis, in the same manner as to any other purchaser. 452 LAND COMMISSIONER. Duties of laud comuiissioncr to keep record. To record ver- dict of jury. To file verdict in register’s office To file abstracts ill register’s of- fice. Juroi’s fees. Street - opening fund, how kept. Account of judg- ments, how kept. Sec. 11. It sliall be the duty ot* the land commissioner to keep a full and complete record of all the proceedings had, in the matter of condemning private property for public use, under the provisions of this ordinance; and he shall, immediately after the passage of the ordinance confirming the verdict of the jury, file for record, in the recorder’s office of St. Louis county, the verdict of the jury in each case in the condemnation of private property, with the plat of the same thereto annexed, with the certificate of the clerk of the board of common council, attested by the city register, under the seal of the city thereto attached ; and, after the same is recorded, he shall file the same in the city register’s office. Sec. 12. The land commissioner shall keep a record of detailed abstracts of the property purchased by the city under executions, and shall also cause all deeds made by the city marshal to the city of St. Louis, as purchaser under ordinance, to be recorded in said recorder’s office ; and, after the same are recorded, shall file the same in the city register’s office. Sec. 13. Each juror shall be entitled to receive a fee of one dollar and fifty cents per day for his services. Sec. 14. The auditor and treasurer shall keep a separate account of all moneys collected and paid into the city treasury and appropriated by ordinance on account of the opening of any street, avenue, alley, wharf, or public square ; such account to be styled “ street-opening fund.” Sec. 15. Whenever the land commissioner shall furnish to the comptroller the abstract of judgment, specified in section six of this article, he shall take the comptroller’s receipt for the gross amount thereof, including the costs charged, and file the same with the auditor, who shall charge the comptroller with such gross amount ; and the auditor shall credit the comptroller witli all receipts of the treasurer for moneys paid by him into the city treasury on account of the street-opening fund ; and also credit him with the gross amount, reported to the auditor by the land commissioner, marked unpaid by the comjjtroller on each abstract returned by the comptroller to the land commissioner. And it sliall be the duty of the land commissioner, immediatel}^ on the return of each abstract to him by the conq)tro]ler, to report to the auditor the gross amount marked uii})aid thereon. LAND COMMISSIONER. Sec. 1G. The land coiiiinissioiior shall also take a receipt from the city marshal for the gross amount of all executions, including costs charged, issued to him for collection, and file the same with the auditor, who shall charge the city marshal with such gross amount ; and the auditor shall credit the city marshal with all receipts of the treasurer for moneys paid by him into the city treasury on account of the street-opening fund, and also with the gross amount of executions under which sales and deeds have been made to the city of St. Louis as purchaser. And it is hereby made the duty of the land commissioner to report to the auditor the gross amount of such last-mentioned executions imme- diately upon the return of the same by the marshal to him. Sec. 17. The land commissioner shall, in each case of con- demnation of private property, after the final return of the city marshal, make report to the common council of the total amount of damages assessed and to, be paid ; of the amount assessed and to be paid as benefits; of the amount collected and paid into the city treasury ; of the amount appropriated by the city ; of the amounts of the executions under which the city became ])urchaser, and the amount to be a])propriated to provide for a deficiency, if any, in the street-opening fund, and for the liquidation of the damages. Sec. 18. The land commissioner shall, immediately after the city marshal shall have returned to him all executions issued in any case of condemnation of private property, make out a certi- fied abstract, following the order of the verdict, showing what assessments have lieen paid and satisfied, and the manner thereof, and file the same for record in the office of the recorder of deeds for St. Ijouis county ; and, at the filing thereof, shall cause a note to be entered on the margin of the record of the verdict to which said abstract refers, referring to the record of said verdict. Sec. 19. No damages shall be paid in any case un-til the final return of the city marshal to the land commissioner ; and six per cent, annual interest shall be allowed on all amount of damages not paid within six months after the confirmation of the verdict of the jury in each case, such interest to commence at the expiration of said six months. Se(\ 29 All damages and costs iTicurred and expenditures had under the })rovisions of' this ordinance shall be charged to said 4bP> Account of exp- cutioiii}, how kept. Land commis- sioner to report to common council on final return of mar- shal. To file abstract of assessments, etc., in recor- der’s office. When damages shall bo paid. Damages and costs, how i)aid. 454 LAND COMMISSIONER. Land commis- sioner to keep record of requi- sitions. Engineer to take possession of propertj' for city ; to remove buildings, etc. ; to sell buildings of city. Purchase money to be placed to credit of street fund. l.and commis- sioner to report dedications. Engineer to re- move obstruc- tions. street- opening fund, and no money shall be paid on account thereof, except upon the warrant of the auditor, drawn on the treasurer, upon the requisition of the land commissioner ; and every such requisition shall give all particulars as to the name of the claimant, and the nature and the amount of the claim ; but, in case there is no money to the credit of the street- opening fund in the city treasury, the auditor may draw his warrant for the payment of jurors’ fees, chargeable to the contingent fund. Sec. 21. The land commissioner shall keep a record in detail of all requisitions made by him on the auditor under the pro- visions of this ordinance. Sec. 22. Upon the payment of the damages assessed for any property taken, thereupon the city engineer shall forthwith pro- ceed to take possession of the property for the city, and remove all buildings and improvements and obstructions therefrom, in conformity with existing ordinances, and any expenses incurred thereby shall be charged to the street- opening fund ; and if any such buildings or improvements, by the verdict of the jury, belong to the city, they shall, provided the value thereof in the opinion of the city engineer exceeds one hundred dollars, be sold to the highest bidder, for removal, after ten days’ advertisement in two newspapers printed in the city ; and all moneys arising from the sale of such improvements shall be paid into the city treasury to the credit of the street- opening fund. Sec. 23. The land commissioner, in all cases where he shall ascertain that streets, avenues, alleys, or wharves, have been dedicated to public use and have not been opened, shall report the fact to the mayor ; and it shall be the duty of the city engineer to proceed to open the same, and remove all obstruc- tions therefrom, upon his receiving written directions, signed by the mavor and land commissioner. ARTICLE III. Condemning of A^aisances, Nuisances, land SECTION 1. Whenever any street or alley in the city of St. bHi'Sed'o^. Louis shall be declared a nuisance l)y the board of health, the clerk of said board shall immediately notify the land commis- sioner of said fact. LAND COMMISSIONER. 455 Sec. 2. The land commissioner shall thereupon immediately Jury to inquire ... . . nuisance. summon a jury of six disinterested citizens of this city to inquire into the fact of the existence of the alleged nuisance. As soon as the said jury have been qualified, it shall proceed to the locality of said nuisance, and view the same, and return a written verdict thereupon to the land commissioner, who shall 7rlu^suinted\^o transmit the same to the common council. council. Sec. 3. Each juror shall be entitled to receive a fee of one Juror’s fees, dollar and fifty cents per day for his services. Sec. 4. All expenses incurred in holding inquests, herein Expenses of , ^ ° ^ ^ viewing nuisan- authorized, shall be charged to appropriations for streets and ces, how paid, alleys, and the auditor shall issue his warrant for the same upon the certificate of the land commissioner. Sec. 5. The city marshal shall serve all summons and other city marshal to process of the land commissioner authorized under this article. Approved, August 2, 1864. ( No. 5569. ) AN OEDINANCE TO FACILITATE THE OPENING OF STREETS BY THE LAND COMMISSIONER. Deputy marshal^ mayor to ap- point I salary of. duties of Jjand commissionei' ^ deputy mar- shal to perform duties re- quired by ^ Mayo7\ to apjioiut deputy mar- shal Sala/-y, of deputy mar.shal 2 1 1 Be it ordained hy the Common Council of the City of St. Louis : Section 1. The mayor is hereby authorized to appoint, with Mayor lo ap- 1 1 f 1 1 1 o -11 • point deputy the approval or the board or common council, a deputy city marshal, marshal, at a monthly salary of seventy-five dollars. salary. Sec. 2. The duties of the deputy city marshal, appointed Duties of depu- under this ordinance, shall be to perform all that is reipiired of the city marshal by ordinance number five thousand three hundred and ninety-three, and to make proper repoiTs of the same to the city marshal ; and to perform such other acts required by the land commissioner, under said ordinance five thousand three hundred and ninety-three, as may expedite the work of the said commissioner. Approved, March 24, 1865. 456 MARKETS. (No. 5434.) MARKETS. AN OEDINANCE IN EELATION TO MAEKETS. Animal offals not to be deposit- ed in niarket^pbices V, § 11 Animals^ certain, llesli of not to be sold V , 9 not to be driven or ridden into markets V, 11 dead, not to be thrown on market-places V, 11 dangerous or unruly, not to be brought into market-places V, 19 Articles, manufactured in city, not to be sold at markets V, 22 oftered for sale, market-mas- ters to examine IV, 2 oftered for sale, market-mas- ters to seize, when IV, 2, 8 seized, how disposed of...IV, 4, 8 Auditor, to charge account of rent of stalls to collectors III , 6 Bacon, who may sell V, 0 Bacon venders, may sell salted meat V, 7 Beef, places for sale of, by the quarter 1 , 10, 18 Bidders tor stands or stalls to forfeit mone}" paid, when III, 4 Blown meat, marketr-niasters to seize IV, 2 not to be sold V, 9 duties of market-masters con- cerning V, 9 Board of health, meat-shops to be under control of. VII I, 3 Board of -permits for meat-shops, how comi)osed VIII, I Butchers, what part of North market to occui)y I, 7 may keep meat-shops, when VIII, 4 Butchers’ stalls, what part of city market set apart for I, 14 when to be leased ...III. 1 who to grade prices of. Ill, 2 what period i‘ent(“d for Ill, 2 to be painted, wlien Ill, 23 Butchers’’ wagons, sj)ace set apart for at Center mai’ket VI, 1 Butter, how to be sold in mar- kets V, 21 how stands may l)e leascid for sale of. ‘ V, 28 Center market, i)i'Ovisions con- cerning I. Center market, located I, \ 1 Charcoal, may be burned in market, how V, IG City market, provisions con- cerning I. located I, 8 Clover, place for sale of, at city market I, 13 Coffee, maybe sold in markets V, 15 Coffee-stands , when to be graded III, 13 comptroller may re-let, when HI, 16 who to locate and regulate number of. Ill, 19 lessee of, violating certain provisions, penalty V, IG Collectors, to demand rent for stalls and stands HI, G Committee on markets, chairman of, to grade prices of stalls HI, 2 may lease stalls and stands... V, 28 to grade prices of lish-stalls and coftee-stands HI, 13 to locate and regulate coftee- stands HI, 19 Comptroller, may lease certain stands for sale of fowLs I, 14 to lease vacant stalls, when HI, 1 to grade prices of stalls HI. 2 to give notice of leasing stalls HI, 3 to give notice of rent for stalls being due HI, 6 may lease unexpired term of stalls and stands HI. 8 to grade prices of ftsh-stalls and coftee-stands Ill, 13 not to consent to transfer of lease, when Ill, 15 may re-let vacant lish-stalls HI, IG to insert certain ])roviso in lease for lish-stands HI, 17 to locate cofte(',-stands I II, 19 may lease stalls, how V, 28 to grant pei-mits for nu'at- sliops VHl, 1 Corn, place for sale of, ati (.*ily market I, 13 Cows, how to be sold in markers , 20 Dangerous animals, not to be brought on mark(d-plac(;s \ , 19 lAIAllKETS. Dead animaU^ not to bo thrown into m:irkot-|)laoos W ^ I] Dealer,s in provii^ions , not to sc'Il in in:irlv(*ts A" I, 4 not to pnrcliaso in markets except for own use VI, 4 Diseased live aniina/s^ not to l)e sokl in markets A", 8 Diseased ?neat, market-mastei’s to seize IV, 2 Disorderly persons, market- mas- ters may eject from markets JV, 9 Disputes between buyer and vender, market- master to settle I\A 2 Does, sale of reg’idated VII, 1, 2 Dogs, not to be brought into market-places V , 19 Dressed fowls , certain stalls may be rented for sale ot I, 14 place for sale of set apai-t I, 15 Dressed poultry , bow stands may be leased for sale of V, 28 Drinking, table for, in market, not pei'initted V, 15 Eating, tabb^ for, not perniitt(*d in market V , 15 Eggs, how stands may be leased for. sale of. V, 28 Exposing for sale, what deemed to lie V, 2:1 Earmers, who deemed to be... VI, 8 may sell meat by the (piarter V, (5 to i)ay no fee for occn})yin Fish, place*, for sale of iit North market I, 7 not to b(5 sold to be eab'ii in market V, 15 penalty for selling- without li- C(*nse VIII, 2 dead, not to be thrown on nnirke't-plac.es V , 1 1 Fish-stands , who to ‘'•rade pri(;{*s of Ill, 18 part of C(‘nt<*r mark<4 not to be leased foi- Ill, 18 Fis/i -stands, amount bid foi-, to b(* paid to (joinjitroller III, ^ 14 becoming- vacant, comi»troller may i(‘-let Ill, IG biases for, to contain proviso III, 17 of certain animals, not to be sold V, 9 Footways around markets, mar- ket-masters to s])rinkle IV, 5 market- masters to keep clear of ice IV, G Fowls, dead, not to lie thrown into market-places V. 11 Fresh meat, places for sale of by the quarter 1, 10, 18 none bnt lessees of biitcfRo-s’ .stalls to sell V, 5 to be sold only at .stalls V, 5 not to ])e .sold without license VIII, 2 penalty for selling without liceil.se VIII, 2 Fruit, penalty for bneksters pur- chasing dnriim' market houi's VI, 4 /^7vhz'-.s?‘anfi'.s at (!ity market I, 12, 15 when to be leased Ill, 1 Fuel, not to be kindled in mar- kets, (*xc(‘pt V, IG Game, ])iace for sale of at North market I, 7 lihice for sale of at City mar- k(‘t 1 , 12 penalty for purebasino’. etc..VI. 4 jirovisions conc('rnin<*' sale of VII. ]>enalty for .selling- without lic(‘ns(* VIII, 2 General provisions concerning*’ markets V'. Goods, manufactured in city, not to be sold at markets V, 22 Grocers, notto.s(*ll in markets VI, 4 not to pnrclia.se in markets, (‘xee|)t for own use VI, 4 .sale of res VIII, 1 Private markets, how to be regu- lated V, 27 powers of mai-ket-masters of V, 27 Producers, may sell meat by the quarter..."..- V, 6 Provisions, not to be sold after market hours V, 4 Putrid meat, etc. , not to be sold V, 9 Cluails, sale of regulat(Hl...VII, 1, 2 Raised meat, etc. , not to be sold V, 9 duties of market-masters con- cerning V, 9 Recorder, to issue warrant on atlidavit, etc VII, 3 Refreshments, certain, may be sold in markets V, 15 Register (city), copy of market regulations to be filed with II, 2 to publish market regulations II, 3 to furnish blank receipts to market- masters Ill, 20 to issue licenses for meat-shops VIII, 3 Regulations concei’ning markets II, V. market-masbu-s to enforce... IV, 2 Rent for stalls or stands, comj)- troller to give notice when due Ill, G notice for, how served Ill, 6 when unpaid, lease to b(* for- feited III. 7 Rules and regulations concerning markets II, V. r(*gister to i)ublish II, ^ 3 market-masters to i)Ost II, 3 mark{4-masters to make for stands, etc II, I to be submitted to mayor for approval II, 2 Salted meat, who may sell in quantities ". V, 7 none but lessees to sell V, 7 Sausage meat, who onh^ to sell V, 6 Sausages, penalty for selling without license Vlll, 2 Scales for weighing, market- masters to keep IV, 7 Security im' rent of stalls, lessees to give Ill, 5 Seized articles, duties of market- masters concerning IV, 4 Sheppai'd market, provisions concerning I, 19, 20 Shoulders, who only may sell. ..V, 6 Sick animals not to be sold in markets V, 8 Sides, who oidy may sell V, 6 Spare ribs, who only may sell...V, 6 Spirituous liquors not to be sold in markets V, 15 Stalls, butchers’, what part of city market set apart for. ..I, 14 may be rent(Ml for sale of dressed fowls I, 20 Stalls, pi'ovisions foi* haislng...!!!. {See stalls and stands.) Stulls and stands, occupying without authority, p"en- ' alty Ill, 9 duties of ])arties occupying III, 11 lease for, not ti'ansferable. III, 12 parties to hold one only. ...Ill, 15 more than one bid off, for- feited Ill, 15 not transferable w i t h o u t comi)troller’s consent Ill, 15 market-master may permit occupation of. Ill, 19 what rah; to be ])aid for III, 19 failing to be occiipied, for- feited V, 24 Stands, what si)ace to occupy...!, 11 ])rovisions for leasing III. {See stalls and stands . } Stands for farmers' wagons at North market I, 3 at (hty market I, 9, 12 Stores, certain si)ace allowed to oc-cu])ants of. VI, 2 Straw, place for sale of at City market I, 13 Stuffed, meat, etc., not to be sold V, 9 Sunday, nothing to be sold in markets on V, 14 4G0 MARKETS. Table, ^ not to bo kept in markets for eating- or (No. 0440 .) M A Y 0 H . AN OEDINANCE IN KELATION TO THE MAYOE. Auditor, to Oniw w;ii-i-JUit for secret service money, when ^10 Breach of peace,, mayor' to lace, (piicker than or beyond a moderate gait, unless in a case of urgent necessity ; or shall ride or drive any such animal so as to cause such animal or any veliicle thereto attached to come in * This section is ordinance No, 5G18, approved dnly 25), ISOo. MISDEMEANOllS. 41^1 collision Avitli or strike any other object or any person ; or shall leave any such animal standing in any public ])lace without being fastened or so guarded as to prevent its running away ; or shall turn any such animal loose in any thoroughfare ; or shall inhu- manly, unnecessarily, or cruelly beat, injure, or otherwise abuse any dumb animal, shall be deemed guilty of a mis- demeanor. Leaving animal in street not fastened. Turning animal loose in thor- oughfare; cruel- ty to animals. Sec. 2. Whoever shall, in this city, ride or drive any animal uriving with with a bell or bells of any description attached thereto, shall be deemed guilty of a misdemeanor. This section shall not extend to strangers passing through the city, nor to the use of bells upon horses driven in sleighs or sleds, when there is snow upon the sieighs. ground. Sec. 3. Whoever shall, in this city, drive any animal, liar- nessed to a sleigh or sled, without a bell or bells attached to such animal, shall be deemed guilty of a misdemeanor. Sec. 4. In all cases of persons meeting each other in vehicles, vehicles meet- ^ _ _ _ ing, how to turn in any highway or thoroughfare in this city, each person so ««'■ meeting shall turn off and go to the right side of the highway or thoroughfare, so as to enable such vehicles to pass each other without accident. Whoever shall violate this section shall be deemed guilty of a misdemeanor. Sec. T). Whoever shall, in any highway or thoroughfare of riying kite in ’ J o J streets. this city, Hy a kite, or use any sport or exercise likely to scare horses, injure passengers, or embarrass the passage of vehicles, shall be deemed guilty of a misdemeanor. Sec. G. Whoever shall, in this city, blast, or cause to be Blasting rocks ^ _ without precau- blasted, any rock, without having the rock, at the time of setting off the blast, covered on all sides of the orifice with good sound plank or timbei’, of sufficient length, width, and thickness, and so placed, as effectually to jirevent fragments of rock from ascending into the air, shall be deemed guilty of a misdemeanor. Sec. 7. All ice taken from sink-holes or iionds in the citv of St. Rpmoviug ice from sink-holes. Louis and environs sliall be deemed impure ice ; and every person taking or removing said ice from said sink -hole or pond shall be deemed guilty of a misdemeanor, and, on conviction thereof before the recorder, shall be fined not less than ten nor more than Penalty, one hundred dollars for each and every offense. 492 MISDEMEx\NORS. I)uty of polici otticers coiicorn iiiK previous section. Penalty. Vagrant, who declared to be. Sec. 8 . The police officers are hereby instructed to report any violation of the provisions of * the preceding section ; and, in the event said officers neglect or refuse to comply with the provisions thereof, on conviction thereof, he or they shall be deemed guilty of a misdemeanor, and subject to a fine not less than five nor more than ten dollars, to be collected as other violations of city ordinances : Provided^ however^ this ordi- nance shall only apply to those that sell or offer ice for sale. ARTICLE IV. Vag^rants. Section 1. A vagrant, under the meaning and provisions of this ordinance, shall be deemed to be : First — Any able-bodied male person, over the age of sixteen years, who, not having visible means to maintain himself, lives idly, without employment, and without any settled place of abode. Second — Any able-bodied male person, who, not having any visible means to maintain himself, shall be found loitering or rambling about, or wandering abroad, and lodging in groceries, tippling-houses, beer-houses, out-houses, bawdj^-houses, houses of bad repute, sheds, stables, market-houses, lumber-yards, or in the open air, or who shall be found trespassing in the night- time upon the private |)remises of others, and not giving a good account of themselves [himself]. Third — Any able-bodied male or female person, over the age of sixteen years, found wandering abroad and begging, or going from door to door begging, or appearing in any street, thorough- fare, or other pul)lic j)lace, begging or receiving alms. Fourth — Any male or female pei’son who shall be the keeper, proprietor, or exhibitor of any gaming table or device, or who shall be an assistant or attendant at any such gaming table or device. Fifth — Any person who, for the purpose of gaming or gam- bling, travels about from place to place, or frecpients steam])oats at the wharf of this city, oi- goes from place to ])lace in this city. Sixth — Any person upon wliom shall be found any instrument or thing used for the commission of bui-ghary, oi- for ])icking *Tlie words “tliis oi'dinanc(;, ’ ' in tlio original, are (*linn^-(*(l to “the preceding section” by ordinance Vo 5170, approved December 5, 18(11. ]\IIS1)EMEAN()1?S. 493 locks or pockets, uiid avIio sluill fail to give a good account of the possession of the same. Sevenf/i — Any person ^vho shall be found engaged in pigeon- dropping, as hereinafter defined. Eighth — Any person avIio, having once been convicted of being a vagrant, or who has the reputation of being a vagrant, and who shall be found in possession of any Mexican puzzle, patent safe, strap, thimble and balls, or any other instrument or device used for pigeon-dropping. wYmth — Any prostitute, courtesan, bawd, or lewd woman, or any female inmate of any baAvdy- house, house of prostitution, house of assignation, brothel, or house of bad repute, who shall be found wandering a])out the streets in the night-time, or frequenting dram-shops or beer-houses, or any such lewd woman, having the reputation of a prostitute, who shall be found em- ployed as a beer-carrier, or waiting, attending, or carrying beer or any other thing in any beer or drinking saloon, either in the day or night time, or who may be found employed in singing or dancing in a lewd or indecent manner in such house or place. 7\nth — Any procurer, pimp, or other male person, inhabiting a bawdy-house, or house of piustitiition or assignation, or in any way connected Avith the kee])ing of any snch house. Eleiunth — Any male or female person avIio, living idly, Avith- out employment, habitually associates Avith persons having the reputation of being thieves, burglars, ])icki)ockets, or pigeon- droppers, or Avho habitually lodges in or fre(pients houses or other places having the reputation of being the resort of thieves, burglars, pick})ockets, or pigeon-droppers, or places for the reception of stolen [)ro})erty. Sec. 2. E Lgam-dnypping ^ under the meaning and intent of this ordinance, shall be deemed the Avinning or obtaining of money or propei-ty, or things representing money or pi-operty, by its being bet or staked, on game, instrument, contrivance, or device, under the control of any person concerned in the game, bet, or stake, or any confederate of such ])erson, and so contrived or constructed that the result of any game, bet, or stake, can be determined by either of such ])ersons ; or the borroAving of money or property, or any thing re})resenting money or property, to be bet on any such game, instrument, contrivance, or device ; or the irr-dfoji- , mean ins of declared. 404 MISDEMEANORS. Two or more may be tried ioiiiUy. Cliaracter and jepiitation may be prov,.u. Able-bodied, who declared to be. Penaltie.s. Dors above six months ol such (log to be registered and tlie tax on sneli dog imposed by tliis ordinanee to l)e paid. Sec. 2. The tax on every dog in tlie city oF St. Louis, wlietlier Amount of tax male or female, shall be three* dollars pei' annum, payable to the city register, for the use of the city, and the further sum of fifteen cents, payable to the city register, for his own use. Sec. 3. The city register is authorized to procure circular Metallic plates metallic plates, having raised or cast thereon the letters “ C. T. by register!‘^^‘^'^ r.,” and the figures indicating the year for which the tax has been paid, and a number corresponding with the number of the registry on the book in the city register’s office ; and the city register shall enter, in a book kept for that purpose, a descriptive list of the dogs registered under the provisions of this article. Sec. 4. It shall be the duty of the owner of every regdstered ciatesto befast- 'b o enedtodogs. dog to put around the neck of such dog a collar not less than three-quarters of an inch in breadth, to which shall be attached, by a metallic fastening, the circular metallic ])late aforesaid. Sec. 5. It shall lie the dutv of each member of the city police, uogs not Mip- y , ‘ ^ plied witb plates and of the city marshal and his assistants, to take up and impound to be impounded, in a suitable ])lace, to be designated by the city marshal, and of the location of Avhich notice shall be given by a bill posted up in a conspicuous place in the marshal’s office, all dogs above the age of six months which are found within the city of St. Louis without collars around their necks, marked as provided in the two preceding sections. Sec. () [81. t Every householder' or head of a family suffering Permuting un- . ° ri'gistpied dogs an iini’egistered dog to remain upon his jiremises, and every promises, owner of an unregistered dog, within the city of St. Louis, shall, if reported to the city recorder and found guilty, be adjudged to pay the costs of the jiroceedings, and a fine of not less than five Penalty, nor more than ten dollars, whereof one half shall go to the police- man or other officer I'cporting such case to the register, ;ind the remainder to the city tj-easury ; and he, moreover, ordered iinme- *Iu tlio original ordintuicc it i.^? ‘‘out' dollar." Tlio tmuMidnuMit is conttiined in ordiiiiinct^ No. oOOd, aitprovcd .lidy It), ISOo. and goes into cdl'etU Jantitirv 1, 1S(»(). f The sixth, s(‘venth, and ninth sections, and a ptirt of the eighth seel ion, in th(‘ original ordiinince, tire re[)e:iled hy ordintmee No. 5004, tijtpi'oved did}’ 11), IHl)'). 406 MISDEMEANORS. tTnrerlPPined dogs to bp slain. Fpp for takiii! up dogs. (liately to cause siicli dog to be duly registered and the tax imposed by tliis ordinance to be paid therefor, iipdpmptionfpe. Seo. T [10]. For every dog taken up and confined in the dog-pound, as provided in the fifth section of this article, for which no tax has been paid, a redemption fee of two dollars, together with the amount of the license, shall be paid to the city register for the use of the city ; and upon procuring the certificate of the register, stating that said amount lias been paid, and Pound fpp. further sum of fifty cents to the pound-keeper for taking up such dog, the owner thereof, within three days after the impounding, or any other person after three days, shall be entitled to redeem such dog ; and if the dog shall not be and is not redeemed within five da^^s after being taken up, he shall be slain by the pound-keeper ; and tlie person taking up sucli dog shall receive therefor the sum of fifty cents, and the pound-keeper the sum of twenty-five cents, to be paid out of the city treasury ; but if it shall be made to appear to the satisfaction of the city register that any person claiming to redeem a dog confined in the dog-pound has registered such dog, and has put around his neck a collar stamped and marked as provided in section four of this ordinance, but that such collar has been accidentally dis- placed or lost, the register shall, if such person produces to him a metallic collar marked with his name, deliver to him a metallic plate, as described in section third of this article, to correspond with tlie registry, Avithout any additional charge tlierefor, except the fee of fifteen cents for the use of such register. Sec. 8 [11]. It shall ])e the duty of the city marshal and his assistants to kill any dog Avliich may be found in the city of St. Louis without an owner, and Avithout a collar stam])ed or marked as provided in section four of this article: Provided^ such dog Poison not to he cannot safely be taken up and impounded. But it sliall not be lawful for any officer of the city of St. Louis, or other })erson, to use poison for the purpose of killing a)iy such dog, or to use poison for the purpose of killing any dog, at any other })lace than the dog-])ound; and an}" officer of the city of St. Louis, or other person, Avbo shall entice any dog so collared out of the inclosure of the owner or possessor of such dog, or AAdio shall molest or seize any dog Avhile held or led by any person, or Avho for the })urpose of taking up Kesister’s fee. Duty of marshal to kill dogs. used in killing dogs shall bring into the city any (log MISDEMEANORS. 497 and impounding tlie same, shall, on conviction, be fined in a sum not less thamfive nor more than fifty dollars. Sec. 9 [12]. If any fierce or dangerous dog shall be found at large in the streets of St. Louis, and shall there annoy or endanger any person therein, the owner tliereof sharll forfeit and pay to the city of St. Louis a sum of money not exceeding fifty dollars for the first offense, on the part of said owner, in permitting such fierce or dangerous dog to go at large ; and, moreover, it may be part of the sentence, upon such conviction, that such fierce or dangerous dog be immediately killed, and this sentence shall be forthwith executed by the city marshal, for which he shall receive the further sum of five dollars, to be paid by the owner of said dog, which sum shall be included in such second judgment. Sec. 10 [13]. The word dog,” wherever used in this ordi- nance without qualification, is intended to mean a' female as well as a male dog. Sec. 14.* Whenever the prevalence of hydrophobia shall, in the opinion of the mayor, make it necessary for public safety, it shall be his duty to issue a pi-oclaniation notifying owners of dogs to keep the same well secured on their premises ; and any dog found at large in any street or public place, at the expira- tion of tAvo days after such proclamation has been issued, shall be killed immediately, unless muzzled and accompanied by a keeper, and the owner thei'eof shall be fi)ied before the city recorder not less than two nor more than twenty dollars. One- half of said fine shall be paid to the policeman or other ofiicer having killed such dog, and the remainder shall be paid into the city treasury. It shall be the special duty of the police to carry the last provision of this section into efiect. Penalty. Penalty for al- lowing llerce tlog to be at large. Term “dog” de- clared. When mayor may proclaim dogs to be se- cured. When dog may be killed. Penalty. Police to carry out this section. ARTICLE Vl.f Stcani fF/iislles. ' Section 1. Hereafter it shall not be lawful for the owner or Blowing of steam whistles owners, agents, lessees, supervisors, superintendents, workmen, prohibited. * Tlii.s is soctiou two of ordinance No. .5(504, approved July 19, 18(55.; -{■The sixtli article of the original ordinance, treating of olfenses con- cerning ne‘^*oes and luulattoes, is repealed by o-i-dinance No. 5G04, approved July 19,. 18(55. 32 498 MISDEMEANORS. Penalty for blowing steam whistles. Presumption of liability. Duty of street inspectors touching steam whistles. Falsely person- ating olllcer ; usurping au- thority of ofli- cer. Resisting olll- cer. Permitting dis- turbance. or employees in any capacity, of any saw-mill, or factory of any kind, or of any machine-shop, or foundery, or mill of any kind, to blow, or sound, or cause or permit to be blown or sounded, for any purpose whatever, any steam whistle within the city of St. Louis,* about, or connected in any manner with, any saw-mill, factory of any kind, machine-shop, foundery, or mill of any kind, of which die or they are the owners, agents, supervisors, superin- tendents, workmen, or employees. Sec. 2. Any person offending against the foregoing section shall be deemed guilty of a misdemeanor, and shall, for each offense, forfeit and pay to the city of St. Louis a fine of not less than three nor more than one hundred dollars ; but this ordinance shall not be so construed as to prevent the use of steam whistles on steamboats or locomotives within the city of St. Louis. Sec. 3. Whenever any steam whistle shall be bloivn or sounded about any premises contrary to the first section of this ordinance, the proprietors, or any of them, and the employees of said premises, shall be presumed to have caused or permitted said steam whistle to have been blown or sounded. Sec. 4. Whenever it shall come to the knowledge of the street inspector of any ward or district that there is in his ward or district any steam whistle used in contravention of the provisions of this ordinance, it shall be the duty of such inspector to notify the owners or persons having the charge of the premises about which the steam whistle is used to abate the same ; and, on their failure so to do within three days from the time of being so notified, the street inspector shall report them to the board of health, who shall cause said steam whistle to be abated in the same manner as other nuisances. ARTICLE VII [VIII]. Offenses gainst Official Authority, Section 1. Whoever shall, in this city, falsely represent himself to be an officer of tliis city; or shall, without being duly authorized by the city, exercise, or attempt to exercise, any of the duties, functions, or ])owers of a city officer ; or shall hinder, obstruct, resist, or otherwise interfere Avith any city officer in the • discharge of his official duties ; or attem})t to prevent any such MULLANPIIY lailGlIANT RELIEF FUND. 4 m officer from iirrcstiim any person ; or attempt to rescue from such iiescuinK pi ih- y t ^ ^ . . oner from oIlir,i-t officer any person in liis custody, sliall be deemed guilty of a misdemeanor. / ARTICLE V T 1 1 [IX]. Penalties. Section 1. Whoever shall be convicted of any misdemeanor, Penalty for flrut under any provision of this ordinance, in a case where no special penalty is prescribed, shall forfeit and pay to this city a sum not less than one nor more than one hundred dollars for the first offense ; for the second offense, of a like nature, he shall forfeit Second offense, and pay not less than double the minimum penalty aforesaid ; for Third offense, the third offense, of a like nature, not less than treble said mini- mum ; and so on, increasing the minimum three dollars upon each Further offenses, additional conviction. Sec. 2. The word ‘‘misdemeanor,” whenever it occurs in any Term “misde- ordinance, shall be construed to mean and to stand in lieu of “ a dared, violation of ordinance.” Approved, September 3, 1864. (No. 5392.) MULLANPIIY EMIGRANT RELIEF FUND. AN ORDINANCE PROVIDING FOR THE ORGANIZATION OF THE BOARD OF COMMISSIONERS OF THE MULLANPIIY EMIGRANT RELIEF FUND. Board of commissioners, estab- lislied I 1 how oIccUmI 1 qualification of members of.... 1 memb(*r,s of. not to become hissees, ptmalty 2 power of, to expel member absent 3 to report vacancies to common council 3 term of office of members of 4 mayor to b(‘ president of. 5 to (ilect officers 5 duties and powers of 0, 7 books of, to be oiien to in- spection 9 Bonds., officers to ^ive Mayor, member of board of commissioners ^ 1 duty of, to notify commission- ers elecTed 4 ex oflicio president of board of commissioners 5 Officers to tie (;l(H*-ted by board of commissioners 9 to ^ive bond o Salary, maximum, of secretary , 5 Secretary, how elected 5 maximum of salary of 5 duties of 8 office hours of. 9 Treasurer, how elected 5 \ ice-president, how elected 6 5 MULLANPIIY EMGRANT RELIEF FUND. Board of com- luissiooers es- tablisRed. Mow coruposod. Lss.sees of prop- ei ty not eligible. Seat of absent- ees may be va- cated. Term of office of comm.ssioners . Officers of board. Officers to give bond. Be it ordained by the Common Council of the City of St. Louis : SECTION 1. There is hereby constituted and established a board of commissioners, to be styled the “Board of Commis- sioners of the Mullanphy Emigrant Belief Fund,” which shall be composed of the mayor of the city for the time being, and ten members, one from each ward of the city, to be elected by the board of common council, and who shall possess the same quali- lications as members of the council : Provided., that no member of the council shall at the same time be a member of said board of commissioners. But no person shall be eligible who is a lessee of any of the lands or property of said fund, or who is in any wise pecuniarily interested therein. Sec. 2. Whenever it shall come to the knowledge of said board that any member thereof has become lessee of any such lands or property, or become in any wise pecuniarily interested in said fund, they shall declare his seat vacated, and report such vacancy to the common council, who shall proceed to fill the same. Sec. 8. The said board shall have power to expel therefrom any member who shall be absent from three consecutive monthly meetings of same, Avhenever a majority of the members elect shall so determine by vote ; and, after such expulsion, shall report to the common council, as in case of other vacancies. Sec. 4. Immediately after the election of any commissioner, the mayor shall notify the person elected; and the person so elected shall hold his office for live years, or, if the vacancy to fill which he is elected Avas produced otherAvise than by expira- tion of the term, then for such unex})ircd term. Sec. o. The mayor shall be, ex ofjicio, president of the board ; and the board, at its first meeting, or as soon thereafter as practicable, shall elect a vice president, secretary (whose salary shall not exceed fifteen hundred dollars per annum), and treasurer, or such officers as may be needful for the transaction of its business. The board shall rtupiire and take from its said officers proper and sufficient boinls, of not less than tAventy-five thousand dollars each, conditioned for the lailhlid disi'harge ol their duties, and for the safe-keeping and proper expenditure of all moneys and property that may come into their hands. ]\rULLANriIY EMIGRANT RETJEF FUND. Sec. (). As soon as said board sliall l)c fully organized, they Powers oi hoaia. shall be autborized to dcnnnid, receive, and rccei})t for all moneys, stocks, bonds, notes, or other evidences of indebtedness, and all property, of every description wbatsoever, to which the city of St. Louis may now or shall hereafter be entitled to demand and receive by virtue of the last will and testament of the late Bryan Mullanphy, deceased. Sec. 7 . As soon after the organization of said board of com- Board to preparf* ^ _ plan for inanago- missioiiers as practicable, they shall devise and prepare a detailed n^entof proper- plan for the disposition and management of all the property of said fund,, and for the investment and expenditure of the pro- ceeds, profits, and increase thereof; said plan shall state, as specifically as possible, the mode in which all the objects of the fund shall be accomplished, and provide necessary rules and regulations for the government and direction thereof ; nor shall it be lawful for the board of commissioners to expend or provide for the expenditure of any of the moneys lielonging to said fund ' until such plan shall have been submitted to and approved by the board of common council ; and the council mav amend, alter, or coimcn mny ai- reject such plan, if it be deemed necessary. Sec. 8. The secretaiy shall make a detaile'j2 (No. 4860.) NEW LIMITS. AN ORDINANCE REGULATING PROCEEDINGS OF COMMITTEES OF IMPROVEMENTS FOR THE NEW LIMITS. Auditor, duty of concerning rev- enue from new limits.. I 3 Collectors,, duty of concerning revenue from new limits 2 Engineer (city), to ^ive informa- tion to new limit committees 8 to make contracts for work or- dei'ed by new limit eonimit- |;,(3(3S 3 to certify bills for new limit work." 9 duties of, touching new limit work 9 New limit committees^ how con- stituted 4 to make reports 4, 7 proceedings upon report of.... 4 powers of, on dividing lines between wards 5 New limit committees,, when to meet , \ 6 to record proceedings 6 powers and duties of. 4 — 7 to give information to 8 to certify bills for for new limit work 8 New limits,, what constitutes 1 revenue from, to be kept sep- arate 2 what revenue to be set apart tor improvement of. 3 Old limits, revenue from, to be kept separate 2 Revenue, to be distinguished as between old and new lim- its 2 what, set apart for improve- ment of new limits 3 Be it ordained by the ('ornmon Council of the City of St. Louis , Kew limits, Section 1. The new limits of tlie city of St. Louis, within the tuiHs. meaning of an act of the general assembly of the State of Mis- souri, approved January sixth, one thousand eight hundred and forty-seven, are hereby declared to be that portion of said city added thereto b}^ an act of the general assembly of the State of Missouri, passed on the fifteenth of February, in the year one thousand eight hundred and forty-one, entitled “An act to amend an act to incorporate the city of St. Louis.” ooiiBctorstodis- Sec. 2. It shall be the duty of the collectors of the revenue of oacli ward in the city to keep a liook, in which they and each of iifw limits. shall insert the amount of revenue by them collected in their respective wards tvithin said newv limits, so as to distinguish tho revenue accruing from taxes on the property situated Avithin said netv limits, as also the amount of revenue derived from tax on licenses collected Avithin the same from the revenue accruing from taxes and licenses in the old limits of the city, as they existed before the passage of the above last-recited act of one thousand eight hundred and forty-one. NEW LIMITS. rm Sec. 3. When tlie Avliole city revenue of each year shall have certain revemio been collected, and there shall have been paid out or deducted f'>r improve- from the net aggregate amount derived from taxes and licenses ‘"ints. of every kind all expenses of the city hospital, except for addi- tions and enlargement of the buildings ; all quarantine or extra expenses (except for buildings) that may have been incurred within the year on account of the danger or prevalence of epidemic disease ; and also all interest that may accrue upon money borrowed for the construction of public sewers within the city, which have or may be constructed at the expense of the city; then it shall be the duty of the auditor, and he is hereby required, to set apart and keep one-half of the remaining revenue derived from taxes and licenses as aforesaid, within said new limits, separate and apart from the other revenue of the city ; and shall so enter the same on the books of his office, designating the several amounts collected in the respective wards ; which shall be set apart and appropriated to the making and grading and improving the streets within the said new limits, and outside of the said old limits, in each of the several wards, in proportion to the amount of such revenue derived from each respectively. Sec. 4. The members of the common council from each ward. Board of im- for the time being, shall constitute a standing committee on now limits; how improvements for the new limits of said Avard, and shall determ- ine upon and report to the council Avhat streets Avithin the ncAv Duties of. limits they recommend the inqirovement of, and the amount to be expended in said improvement; Avhich report shall be in Avriting, signed by said committee, and shall he published daily, for at least four days, in tAvo papers publishing the proceedings of the council; and, if the council then concur in the report, they shall pass an ordinance providing for such improvement, as in other cases. Sec. 5. Whenever a street shall form the division line betAvecn Proceedings that part of any two Avards Avithin the ncAv limits, the council- To*. ins dividing men representing such adjoining Avards for the time being may two wards, act jointly, and I’ccommend that an ctpial amount shall be ap[)ropriated from the reserve fund of each ward to improve such street. Sec. 6 . Said committee on improvement of each ward shall when to meet, meet on the third Tuesday of April in each year, at three o’clock 504 NEW LIMITS. Powers and du- ties of commit- tee. Engineer to as- sist committee. Manner of mak- ing contracts for new limit work. p. M., in the city hall ; when they sliall enter in a book, prepared for that purpose, their proceedings, exactly and minutely, so that said book shall exhibit a full, true, and faithful record of the proceedings from time to time. Sec. 7. Each committee shall have the power to adjourn from time to time, and, at their meeting, to determine on wliat streets and other public improvements within the new limits of their respective wards the proportion of revenue reserved and set apart for the use thereof shall be applied and expended, and the amount that shall be appropriated to every such improvement ; and when they shall have determined on any improvement within the ward, and the amount to be expended thereon, it shall be the duty of said committee to make to the council a full report of their proceedings in relation thereto, signed by them. Sec. 8. It shall be the duty of the city engineer to give such information or assistance to the said committees in their respect- ive wards as may be required of him for the purpose of carrying into effect the objects and purposes of this ordinance, and the law of the general assembly of the State of Missouri on which this ordinance is based ; and, whenever any improvement is determined on as provided in the seventh section of this ordinance, the city engineer, when notified of the act, shall cause the same to be put under contract, under the direction of the said committee, and superintend the making and completion of said improvement in pursuance of said contract, and make report thereof to the council, as in other cases of city improvements. Sec. 9. In making said contract or contracts 'the city engineer shall be governed by the same rules as are observed in making other contracts for city work; and when payment is claimed under any contract so entered into it shall be his duty to certify that fact to said committee, stating at the same time whether, in his opinion, payment should be made or not. If he certifies that said payment should be made, then the committee shall make a requisition on the auditor therefor, who shall draw his warrant on the treasurer for the amount so certified to be due by the city engineer in favor of sai, i)olice to enfoi-ce 8 Snbscriptiuns for improveimmt of Washbujton sipiare 3 c: c; ic 506 Mayor to su'i- scribc an equal amount as raised by citi- zens for im- provement of parks. flow funds shall be expended. Report of ex- penditures to be made. Board of im- provements, Imw elected. Buties of board. Committees of improvements, how elected. Lafayette park. PARKS AND PUBLIC SQUARES. Be it ordained by the Common Coiiiicit of the City of St. Louis . Section 1. Whenever and as often as the proprietors of the property fronting upon or lying adjacent to any public square or park, belonging to or under the control of and in the city of St. Louis, shall raise by private subscription any sum to be paid in one or a series of years, and to be expended in the ornamenting and permanent improvement of such square or park, the mayor of the city of St. Louis shall thereupon subscribe for and in behalf of said city an amount equal to the aggregate of the sum thus raised, which amount shall be paid within one year from the time of subscription : Provided^ the sum thus to be paid by the city for any one square or park shall not exceed in any one year the sum of three thousand dollars ; and protdded further.^ that the entire fund thus raised by said proprietors and the city be expended under direction of the council, or by persons nominated and elected by it. Sec. 2. A full report of all such expendiburcs shall be annually made to the council by the persons appointed to make the same, which shall be paid out of appropriations for public parks and squares. Sec. 3. At the first called or stated session of the council of each year there shall be elected, by the board of common council, a committee of four persons, to be entitled “The Washington Sipiare and Missouri Park Board of Improvements,” two of whom shall be members of the council, and the remaining two shall be selected from persons living in the vicinity of said public grounds ; who, in conjunction with the mayor, shall be chaTged Avith the duty of carrying out the provisions of this ordinance, so far as relates to the public grounds named in this section. Sec. 4. A committee of improvement for any other of the public squares or parks may be elected in like manner, and charged Avith the duties, Avhenever the ])ro})rietors of projierty fronting or adjacent to any such public grounds shall raise by subscription any sufiicient sum of money, as jirovided for in the first section of this ordinance. Sec. 5. The public sipiare lying lictAveen iNIississijipi, Missouri, Lafayette, and Park avenues, shall be hereaJ*t('r knoAvii ;iml designated as “ Lafayette Park.” The board of improvement PAllKS AND PUBLIC SQUARES. r>oT constituted for tlie purpose of nianaging tlie inclosing and Hoard or im- planting of said srpiare shall consist of five jrersons, of whom liow VomHoAd. the mayor and city engineer shall at all times he, cx ojjlcio^ two members thereof ; the other three to be elected by the council from among the citizens residing and owning property in the vicinity of said scpiare, every two years, to hold office until their successors be duly elected. The mayor shall be president of said board. Sec. 6. Said board of improvement shall have authority, sub- Authority or ^ . ... board. ject to the approval of the council, to adopt plans of inclosing and improving said square, and at all times to superintend the improvements thereon, and make the necessary disbursements ; and shall make detailed report of the same to the council at the commencement of each stated session of the same. Sec. 7. Said board may contract Avith a person suitably Keeper or square qualified to serve as keeper of sipiare, upon such terms, and granting him such privileges and immunities to compensate him for his services, as shall not conflict with the public interests ; and, further, to prescribe such rules and regulations as are necessary for the government of said S([uare ; Provided that the authority granted in this section shall at all times be subject to the approval of the council. Sec. 8. Carr s(piare is hereby placed under the management can- square, and control of an improvement committee, comprising the mem- bers of the common council representing the Avard, and tAvo citizens of the Avard Avithin Avhich said s(piare is or may be situated. The committee shall have full charge of said s(iuare, Tniprovomont ~ i ^ coiunntteo, liyvv and shall make such improvements thereon, from time to time, compostMi. as it shall deem proper; and the city engineer shall i-ender said committee such assistance as shall be re(tuired of him ; and the police shall see that the regulations made by said committee for the government of said square are duly observed. Sec. tb All bahinces ol‘ a])propriations heretofore made for the Expoiuiitures, . «. • 1 111 • • 1 1 improvement or said S({uare, and all a})pro})riations that may l)e hereafter made for the same purpose, shall be ex})ended under the direction of said committee; and the auditor is hereby instructed to draw Avarrants upon the treasurer, in payment of the recpiisitions of said committee, for the ])Uiq)oses above specified, to the extent of the fund Avith Avhich said scpiare 6U8 POLICE COURT. AppoiTif meiit o iiiiproveiiiput committee. sliall stand credited upon his books ; and each requisition shall state the amount and specific object thereof, and the name of the party to whom the sum is to be paid, f Sec. 10. The two citizens heretofore mentioned shall be appointed by the common council, and shall act as members of said committee for two years, and until their successors are elected by the common council. Approved, August 23, 1864. ( No. 5458. ) POLICE COURT. ' AN OEDINANCE CONCERNING THE POLICE COURT, AND REGULATING THE PROCEEDINGS THEREIN. Affidavits^ concerning police court, wlio to make I, ^ 39 Alphabetical index, liow to be kept [, 52 Appeal, tine and costs may be deposited until perfected....!, 411 from recorder, how taken, I, 40, 41, 45 city attornej^ may take, when Ajypeal docket, how kept I, 42 A ttachments for witnesses, wlien to issue 1, 15 Attorney (city), notices and pro- cesses to be serv(‘d on I, 37 person to be aiipointcd to prosecute for, when 1, 38 to make atlidavits in suits be- fore recorder 1, 39 may appeal from recordci’, when 1, 41 to tile statement against i)ai-- ties sued 1. 10 Attorneys, roll of, how kept 1, 52 may be stricken from roll, when 1, 52 Auditor, to draw warrant in fa- vor of otliciating recorder...!, 1 to allow mai'shal for witness- es’ fees paid 1, 33 to audit accounts for costs, when I, 49 clerk of ])oli(a) court to make certain report to 1, 51 Bail, how given for parties ar- rested 1, I 8 Bail bonds, who may approve...!, 8 how conditioned I, 8 how tiled I, 8 when to be forfeited 1, 9 forfeifure of when to be set aside I, 9 Bond of clerk of police court I, 4 of contractor conveying pris- oners to workhouse 11, 3 Books of police court, who cus- todian of. I. 52 Calaboose-keeper , to deliver pris- oners to marshal I, 18 Captains of police, may ajiprove bail bonds I, 8 Cases in police court, in what onlcr to be tried 1, 3 Chief of police, to rciiort arrest- ed persons, how 1, G may apiirove ball bonds I, 8 Clerk of police court, otlice of es- tablished I, 4 bond of. I, 4 powers and duties of, I, I. 4, 5, G, 33, 42, 49, 51, 52, 53 fee of for transcripts in ajuieal cases I, 42 Common couiicil , clerk of poli<*c coui’t to rc'jiort to 1 , 51 Comptroller ,\o advertise for pro- posals to con\'(‘y prisoners to workhouse II, 1 1>01JCE COIJJIT. Comptroller to open ])i*opos;vls and awaril contract 11, ^ 2 Contempt of court, liovv rccoi-(ler may punish for I, 4S Contimuinces, provisions con- cerning I, 34 applications for, when to be - made 1, 35 Contract for conveying l)risoners to workhouse, how made, II, 1—3 Conveying prisoners t o w o r k - house, provisions for II. Costs, what, to be taxed I, 2G l)arty convicted to pay I, 20 recoi-der may dismiss on pay- ment of, when 1, 27, 28 city attoi-ney may require se- curity for, when I, 47 by whom to be taxed 1, 51 Coimcilmen , when to otiiciate as recorder I, 1 Depositions, provisions concern - I, 30 Deputy marshals, may approve bail bonds I, 8 Docket of police court, how kept, I, 5 in whose custody to be I, 52 of state cases, how kept.. I, 53 Execution, when to be issued...!, 43 form of. I, 43 when not paid, pro(;eedings...I, 44 who to make out 1, 51 howto be returned II, 44 Execution blotter, how to be kei)t I, 52 Execution book, how to be kept..I, 52 Fee bills, who to make out I, 51 Forfeiture of bail bond, how to be set aside I, 0 Informer, when to pay costs I. 29 may withdraw char<»’e, when..!, 30 Joint trials, provisions concern- ing,^ I, 11, 23 Judgment, recorder to note on docked, I, 5 by default, when to be rem- dered I, 10 by default, how to be set aside I, 10 Juries, of what nnmlx'r to con- sist I, 19 how summoned in certain cases 1 , 21 Jurisdiction of police court 1, 2 Jurors, how sworn I, 22 Jury trials, when to be tak(*n '•!> E 20 Justices of the peace, when to ot- licaate as recorder 1, 1 Marshal (city), may approve bail bond’s I, 8 to Sla ve summons I, 14 to brin^ i)risoners into court I, 18 Marshal (city), to pay witness(*s’ fees, whim 1, ^ 33 to deliver prisoma-s lor con- veyance to workhouse...!, 44; II, 4 liow to be o-overned in «ertain cases I, 50 Mayor, to designate justice or councilman to hold police court I, 1 to a]>prove bond of clerk of police court I, 4 may approve bail bonds I, 8 to open pro})Osals and award contract, when II, 2 Motions, when to be made t(^ I'e- corder I, 35 Notices, what, to be served on city attorney I, 37 , Oaths, clerk of iK)lice court may administer I, 51 Officers, to attend police court as witnesses - I, 31 Papers, of suits in police court, who to preserve 1, 52 Parties, in what order to be tried I, 7 arrested, no summons or war- rant to issue a»-ainst I, 17 Penalty, jury to assess, when... I, 25 Pleas, wiien to be marie — I, 35 Police court, jn’or isions concern- ing- I. established I, 1 who to hold I, 1 jurisdiction of 1, 2 sessions of i-<' 0 'idated I, 3 Prisoners, how to be brought into court 1, 18 calaboos('-ke(q)ei- to deliver to marshal I, 18 provisions to convey to work- hous(‘ II. to b(i delivei-ed to superintiMid- (Mit of workhouse II, 4 Process, on whom to lx; sei'ved I, 37 how to be issu(‘d and siojned I, 51 Proposals to convey prisoners to workhous(‘ II, 2 Recorder, to hold police court.... I, 1 may a[)pi-ove bail bonds I, 8 how to b(“ ‘j^overmxl in certain cases I, 50 to oi)en j)i-oposals and award contracts to conv(\y prison- ers to workhouse 11, 2 Records of police co4irt, who to certity I, 51 who to have; custody of I, 52 P>alary of officiating recorder, who to certify and' pay I, 1 Security for costs, who may de- mand 1, 47 POLICE COURT. r)l() Separate trials^ provisions con- cerning I. ^11, 23 Sessiotis of police cowrit rct^nlattHl 1, 3 Statement of city attorney^ foi’in of. ■ r, 10, 11 defect in, not to abate suit [, 12 when insntlicient, how pro- ceeded on T, 13 l)arty arrested may require of city attorney I, 17 Subpoinas^ who may issue I, 15 Suits, liow brought in police court I, 10 Summary process, recorder may issue, for witnesses I, g 15 Summo7is ,f\\\OA\ to be issued....!, 14 when not to be issued 1, 17 how served 14 Sujm'uitendent of workhouse, to receipt for pri.soners II, 4 Venire for iury, how served in certain cases I, 21 Verdict o\‘ }\\Yy , form of. I, 24 TFa;7'a«f.§, when not to issue....!, 17 Wittiesses'' fees, pi-ovisions con- cerning I, 32, 33 Be it ordained by the Common Council of the City of St. Louis : A R T I C L E I . Police Court. Police court es- tablished. By whom to be held. Person ofllciat- ing to have all pi'wers of re- corder. (.’onipensation of olHciating re- coider. How paid. (berk to certify amount due to. J uribdiction. Sessions of court regulated. Section 1. That there shall be and is hereby established a court in the city of St. Louis, to be called the “Police Court,” which shall be held by the recorder ; or, in case of his absence from the city, or his sickness, by any justice of the peace for St. Louis township, or councilman of the city, to be designated by the mayor, and who shall, for the time being, possess all the poAvers and perform all the duties Avhicli are enjoined upon the recorder by law or ordinance ; and the acts of said justice or councilman officiating for the recorder shall have the same legal sanction and force as though performed by the recorder in person ; and for the service rendered by the pei'son officiating for the recorder he shall be alloAved the same salary, pro rata, as the recorder Avould be entitled to. In case the recorder should be absent, from sickness, the salary of the person officiating in his stead shall be made chargeable to appropriations for salaries ; otherwise, it shall be deducted from the salary of the recorder ; and it is hereby made the duty of the clerk of the police court to certify to the auditor the length of time any person officiating as aforesaiuties of cierk. to produce, each day, at the opening of the court, a docket, in which shall be entered all suits set for trial on that day, and the offenses for which the suits have beeti instituted ; and the recorder shall note upon said docket the judgment or other action in each suit, so soon as the same is had. Sec. 6. It shall be the duty of the chief of .police to furnish I’uty of chief of to the clerk of the police court, each morning, at least half an hour before the time of opening said court, the names of all persons arrested during the last tAV'enty-four hours, Avith a state- ment of the offenses with which they are charged, the names of the officers Avho made the arrests, the names and residences of Avit- nesses, together Avith such other information as may be requisite. Sec. 7. Persons in custody shall be tried first, if ready for trial ; all other persons shall be tried in the order in Avdiich their names appear upon the docket. Sec. 8. Any person arrested for a violation of ordinance ortic.'i> , , may take bail. may be admitted to bail by executing a bond to the city, Avith sufficient security, to be approved by the mayor, recorder, marshal, or deputies, chief of police, or captain, or other person in charge of any station-house, in double the amount of the highest penalty provided by ordinance for the violation alleged, conditioned that said person Avill appear upon a day therein named, before the police court, to aAvait his trial of the charge against him ; and all bonds taken as above shall be forthwith 512 POLICE COURT. filed Avitli tlie clerk or the police court by the officer approving and taking such bond. When bail bond Sec. 9. If the defendant fail to appear, according to the may be fort'eit- condition of his bond, or, having appeareil, shall leave the court without awaiting his trial, the recorder may forfeit his recog- nizance and render judgment against defendant and securities for the amount of the penalty on said bond mentioned, to be How forfeiture collectcd as Other judgments of the recorder ; but the forfeiture may be set aside. ^ ’ of such recognizance may at any time be set aside by the recorder on the defendant appearing or being brought into court, within ten days after such forfeiture, and showing good cause for the same, and paying all costs having accrued, if the recorder so require. Manner of bring* Sec. 10. All suits in the police court (except such as are brought by the report of the chief of police, according to pro- visions of section sixth ) shall be in the manner and form following. There shall be tiled with the clerk of the police court a statement, signed by the city attorney, or person acting in his stead, which statement shall be in form substantially as Form of city at- follows : “ Citv of St. Louis, A. D. 18 — . A. B. to the torney’s state- ^ . ™ent. city of St. Louis, debtor, to dollars, for a violation of an ordinance of the city of St. Louis, entitled an ordinance (here insert the title of ordinance), approved the day of , A. D. 18 — , in this, to-wit: the said A. B., in the city of St. Louis, between the day of , A. T). 18 — , and the day of , A. I). 18 — , did (here insert particulars). , city attorney of the city of St. Louis. .statement may ^EC. 11. Tlic Said Statement may include several persons per.soifs. charged with the same ofiense, who may l)e tried jointly, at their discretion, and, on conviction, pay, jointly, fines and costs ; but. Fine to bo paid if they elect to be tried separately, they shall, on conviction, pay each, separately, a fine and costs. Suit not to be Sec. 12. No suit sluill 1)0 dismissod for any formal defects in dismissed for in- e i • -e • i ' • n e i i formality. tlio Statement or tlie city attorney, ir it substiintially set forth the nature of the violation alleged. Party, against wliorn suit is dismissed, may be kept in cus- tody. Sec. 18. Wlien any statement filed by the city attorney shall be adjudged insufficient, and tlie suit thereiqion dismissed, the defendant, if arrested umler a warrant, may, at the discrt'tion of the recorder, be detained in custody until a new statement and POLICE COURT. 513 aflKlavit be filed, and a new warrant be issued against 1dm : Provided^ tliat sneli detention docs not exceed tAvo lionrs. Sec. 14. Upon a statement being tiled, as provided in section summons to be ten, the recorder, or a person acting in Ids stead, shall issue a meno^ summons thereon, returnable fortlnvith, Avhich shall be delivered to the city marshal, who shall forthwith proceed to execute the Manner of serv- same, either by reading it to the defendant, or by delivering him menr a copy thereof, or by leaving a copy of it at his usual place of abode, Avith a free Avhite person of the family over the age of fifteen years ; and if the person against Avhom the summons shall be issued shall refuse to hear the same read, or to receive a copy thereof, the officer serving the same shall forth Avitli arrest him, and he shall be proceeded against as if said summons had been duly served. Sec. 15. Upon the return of the summons by the marshal, the causes to be recorder or person acting in his stead shall be fully possessed of summai- the cause, and shall proceed to hear and determine the same in a summary Avay ; and to that end shall issue subpoena for Avitnesses, Process for wit- , , , , , „ nesses may is- and attachments, and other summary processes, it necessary, to sue. compel their attendance. Sec. Id. When a defendant, duly summoned, fails to appear Defendants faii- at the time the suit is set for trial, the recorder shall proceed to maybe toea'by hear and examine the testimony offered on the part of the city, and shall render judgment by default against the defendant for such amount under the ordinance as he may deem justice to recpiire ; but such judgment by default may be set aside by the judgment by do- 1 , ' . , .... , 01 T fault may be set recorder, and a iieAV trial granted Avithin ten days or the rendi- aside. tion : Provided^ that the defendant shall, Avithin said ten days, make application and sIioav good cause for said setting aside, and Terms of setting ° 0 7 aside judgment. shall pay all the costs Avdiich have accrued, unless he shoAV that he Avas ])revented by unavoidable circumstances from attending at the trial, in Avhich case he shall not lie retpiired to pay the costs. Sec. 17. No summons or Avarrant shall be issued against any No summons to ^ , , issue against person hiAviully arrested by any officer or member of the city persons arrest- police, but in every such case a trial shall be had upon the Avritten report of the chieP of police; but the party so arrested Parties arrested may retpiire of the city attorney to file a Avritten statement w\Ttten^"s!ate- setting foidh the nature of the offense Avith Avliich he is charged, jind the ordinance under Avhich the charge is brought, and for 33 514 POLICE COURT. this purpose tlie recorder shall allow a reasonable time, not tc exceed twenty- four hours. Parties arrested Sec'. is. At the opening of the police court each day the city to cITu^uoi” trial, marshal shall bring before the court, for trial, all persons avIio may be in custody for violation of ordinances ; and the calaboose keeper shall, for this purpose, deliver to the marshal all the prisoners in his keeping: Provided ^ that no party whose case has been continued to a later day shall be required to be so brought before the court. Number of ju- rors in police court. When venire to issue for jury. Proceedings when marshal is of kin to party^ or prejudiced. Sec. id. A jury before the police court shall consist of six persons, unless the parties agree to a less numljer, or unless the State hm retpiires a jury of twelve. Sec. 21). Upon a jury being demanded, the recorder shall issue his venire, returnable at the time the case may be set for trial ; and, if forthwith, the suit shall be put at the foot of the day’s docket, and the recorder shall immediately procee:! to try the next suit in order. Sec. 21. When the city marshal is of kin to the prosecutor or defendant in any suit, and the defendant shall file an affidavit that the marshal is so prejudiced against him that justice may not be done in the selection of a jury, the recorder shall issue his venire to some disinterested person, avIio, liefore executing the same, shall be sworn faithfully and impartially to execute it ; and who shall, for its execution, receive the same compensation as is allowmd to constables for the same service in justices’ courts. Oath of jurors. Parties joined may be tried separately. Form of verdict of jury. Sec. 22. Jurors shall lie SAvorn or affirmed to Avell and truly try the matter in issue, and a true verdict render, according to the laAV and the evidence. Sec. 22). Persons jointly charged shall have a sejiarate trial, if they demand it Itefore tlie trial be gone into or before tlu' jury be impanneled. Sec. 24. The verdict of the jury shall be in eitlier of tlie foL lowdng forms, as near as may lie: “We, the jury, find the defendant to be not guilty, as against him alleged;” or, We, the jury, find the defendant to be guilty, as against him alleged, and do assess that he pay a fine of dollars.” ddie verdict, in either case, to be signed by one of the jurors, acting as foreman. POLICE COUPT. Sec. 25. If-' tlic juiy find the (lofi'eiidant guilty they sliall assess the penalty within the limits jirescribed by ordinance, where the same is not specially fixed by ordinance at a given sum. Sec. 26. In every suit for violation of city ordinance, before the recorder, where the defendant shall be convicted, the follow- ing costs shall accrue, and shall be collected from defendant, in like manner with the penalty imposed, to-wit : A recorder’s fee of seventy-five cents, a clerk’s fee of fifty cents, a city attorney’s fee of one dollar, a marshal’s fee of seventy-five cents, and a fee of fifty cents for every witness claiming it — to be paid into the city treasury. Sec. 27. Whenever a defendant is proven guilty of a violation of ordinance, which violation is, in the judgment of the recorder, of a trivial nature, he may, at his discretion, dismiss defendant at payment of costs. Sec. 28. Whenever a defendant shall be brought before the police court by summons, and it shall be shown to the recorder that, since the filing of the complaint, the cause of complaint has been abated, the recorder may dismiss defendant on payment of costs. Sec. 29. When a defendant is accpiitted, the informant or prosecutor may l)e adjudged to pay the costs, if it appear to the recorder that the prosecution was intended vexatiously, or without probable cause ; and in case an informant, prosecutor, or person (other than a city officer), at whose instance or u])on whose information any suit may be instituted by the city^ shall neglect and fail to appear and prosecute the same, after being duly sum- moned, said informant or prosecutor shall be adjudged by the recorder to pay the costs that may have accrued in the case so reported. Sec. 86 . Whenever any person (other than a city officer) shall have caused the arrest of another for a violation of or{), ai)i)rove(.l December 5, 18(54. POLICE COURT. state cases to be kept in sep- arate docket. t (’onipt roller to advertise for jir 'posals to convey prison- ers to work- house. When proposals shall be opened. Condition of bids. .Marshal to de- liver i)iison«rs to contractor. fines and fees in 'worl house, or other cases in which the same arc not collected. He shall also keep a roll of attorneys for the police court, and no attorney shall practice in said court unless his name appear on said roll of attorneys by authority of the recorder; and any attorney’s name may be stricken therefrom, l)y the order of the recorder, for unworthy conduct or character derogatory to the respect due the court. Sec. 53. The clerk of the police court shall keep a separate docket of all State cases brought for trial before the recorder, in which he shall enter the names of the parties arrested, and the offense charged against each ; also the names of the officers or persons making tlie arrests, the names of the witnesses, and the disposition made thereof by the recorder. ARTICLE IT. Conveying Prisoners to the JVorkhouse. Section 1. The comptroller shall, ten days before the first Monday of June in each year, advertise for proposals to convey prisoners against whom judgment may be given liy the recorder, and who have not satisfied the same, to the workhouse, on every day on which there shall be a session of the ])olice court, each proposal to state the price for which the bidder is willing to convey all such prisoners from the calaboose to the workhouse, per month. Sec. 2. On the first Monday in June, of each year, said proposals shall be opened in the presence of the mayor, recorder, and comptroller, and the contract for conveying the prisoners shall be awarded by them to the lowest and l)est bidder, for the period of one year, and until a new contract shall be entered into. Sec. 8 . Each bid shall be accompanied with a statement, signed by the persons offered by the ])iddcrs as securities, in the event of acceptance of the bid; and the contractor shall give bond to the city in the sum of one thousand dollars, Avith at least tw'o sufficient securities, ajiproved by the mayor, for the faithful performance of the conti-act, and the safe delivery at the work- house of ajl prisoners delivered to him by the city marshal. Sec. 4. The city marshal shall, each day, after a session of the police court, deliver to such contractor each prisoner in his riUNTINU. /■ custody, together 'with the exeeiitioiis uud a true copy of tlie same; and said contractor shall deliver such prisoners, together ^ (lelivfi pM'.oii- with a true copy of the execution, to the superintendent of the workhouse, taking his receipt therefor, to he endorsed upon the execution, which said execution he shall return to the city marshal. Approved, September 15, 1864. (No. 5340.) P II I N T 1 N G . AN ORDINANCE IN RELATION TO CITY PRINTING. AdvertiHemenfs for city, propo- sals for publishing I 1 Bids for city printing, comptroller to advertise foi‘ 1 how opened 3 to be submitted to common council 4 ComydroUer, t(^ advertise for bids for city ])i-inting 1 Contracts for city ])rinting, how awai’ded 3, 4 Joh-printing , how advertised for 1 how contracts for awai’ded 3, 4 Ordinam-.es, proi)Os;ds for pul)- lishing 1 when to be published 2 Printing (city), compti-oller to advertise forbids for ^ 1 conti-acts foi-. how awai'ded...3, 4 conti-actors to give bond for... 4 Proceedings of board of healtJi, l)rop()sals foi* ])ub]ishing 1 when to be publisluHl 2 Proceedings of common conned, l)rop()sals for ])ul)lisbing 1 when to be Y)ul)lished 2 Proposals for city printing, how advertised for 1 foi’in of 2 l!owoi)ened 3 duties of comptroller concern- ing? -h ^ Be it ordained hy the Conitnon VAyuneil of the (dity of St. Louis : Section 1. It shall he the dutv td‘ the comittroller, at least ten ('«uiptroii(>r to ^ _ a(iv('rtis<» for days before the first stated session of the common council in I'l'a'osais for _ city pnnl inst. each year, to invite, hy advertisement in the papers doing the city printing, and such others as he may deem projier, proposals for publishing the jiroceedings of the hoard of common council and the hoard of health, the ordinances of the city, and all advertisements for or on account of the city; also, to invite in like manner ])roposals for all joh-printing reipiired by the city. The foregoing invitations to be extended to })a})ers jirinted in both the English and (German languages. PRINTING. ry>4: Form of pro- posals. To whom con- tracts shall be aw arded. Awards to he ap- proved by conn- Conl factor to give bond. Bids being re- fused, comptrol- ler to advertise anew. Sec. 2. Said proposals sliall be submitted in writing, and sealed, and sliall state clearly the uniform price per square of sixteen lines of nonpareil type for wliicli the proposer -will print the same ; and the parties or papers to wdiom may, as hereinafter provided, be awarded the contracts for the general printing of the proceedings, et cetera, shall cause the proceedings of the common council and board of health to be published wdthin forty-eight hours after the manuscript shall have been furnished them by the clerks of the respective boards ; and the ordinances of the city shall be published in said papers wdthin five days from the date of approval of the same. Sec. 3.* The coinptroller, on the day specified hereafter, shall, in the presence of the mayor or president of the board of common council, open said bids, and shall, wdth the consent of said common council, aAvard the contract for printing the pro- ceedings, ordinances, advertisements, and other publications of official character, in tAvo neAvspapers published in the English language, to the loAvest and best bidders ; and also to the loAvest and best bidder from one paper published in the German lan- guage ; and shall also award the contract for job-printing to the loAvest bidder ; but Avhen the bids for either shall be for the same amount, thus embarrassing an aAvard, he shall transmit such bids to the common council for their action. Sec. 4. All aAvards made by the comptroller, under the provisions of this ordinance, shall be by him submitted to the common council for their ap})roval ; and, on such approval, the comptroller shall require of such contractor or contractors a bond, Avith sufficient security, in such sum as he shall deem sufficient, conditioned for the faithful performance of such contract; and, in case of refusal by the common council to approAX' the aAvard, as provided in the preceding section, the comptroller, on being officially notified thereof, shall again advertise, as before provided, for noAV bids. See. 5. Immediately after the approval of this ordinance, the comptroller shall proceed to advertise, for [ten] days, for proposals to do the city printing for the residue of the ])resent year, ending third Monday in IMay next, the same to l)e let as recpiired by section w'as ordained in lien of the original third section, by OJ'dinance No. ooTo, a[)proved April IS, ISOo. ITIMJC CARlMKKh. section third of this ordinance, and, in all other respects, except as to time of letting, in accordance with the pi’ovisions of this ordinance. Sec. G. All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. Approved, June 25, 18G1. ( No. 5411. ) PUBLIC CAIUITERS. AN ORDINANCE IN RELATION TO PUBLIC CARRIERS. Ashes, vehicles transporting, how secured 1, ^ 15 Baggage-wagons , regulations eoncerning 1, I tax on I, 2 to have registei-ed nuinher I, 4 rates of fare for 1 , 11 to have name of owner on 1, 24 Bond, to be given before issue of license for vehicles 1, 7 of inspector of vehicles I, 19 of public porters .VIl, 1 Bread, vehicles transi)orting, tree of tax 1, 9 Baggies, regulations concern- ' log 1, 1 tax on 1, 2 Cabs or calrriolets^ regidations eoncerning I, 1 tax on I, 2 to have registered number on..l , 4 rate of fare for 1 , 10 to have lamps at night I, 11 limitation of stands for II, 4 Card.sof rate of fare to be j)osted in vehicles 1, 14 regist(‘r to furnish 1, 14 Carriages, regulations concern- b 1 tax on I, 2 Carts, regulations concerning...!, 1 tax on.! ...I, 2 to have registered number on..I transporting loose materials, (*te., how secured I, to have name of owner on I, Children's tichets, for street-rail- road cars, i)rice of. V"I ' companies to keep for sale... VI , 4 15 24 , 1 : 1 Clerk of police court, to repoiT certain convictions IV, ^ 4 Coal, vehicles transporting, free from tax I, 9 Coal-wagons, limitation of stands for 11, 4 to occupy stands II, 5 Comptroller^ stre(‘t-railroail com- pnnies to lile acceptance with VI, 4 register to rei)iirt delimpiency ot i-ailroad companies to... VI, 4 to causes suit to b(‘ brought for delimpiency VI, 4 Crosswalks, i-aih‘oad companies to pay paid, of cost of. V, 4 Culverts, railroad companii'S to keep in rejiaii- V, 4 Damages, city not liable in, to I’ailroad companies V, (» raih-oad companies liable in, to p:iss(*ngers Y, (» Dirt, vehicles trans})orting, how secui'i'd I, 15 Drags, regulations concm-ning... 1 , 1 tax on 1, 2 to have r('gist(“i-ed numbei’ on..1 , 4 lati* ot fai’i^ for I, 11 to have name of ownei* on 1, 24 Drivers of licensial vehicles, to wear badges I. 14, 22, 24 Drivers of vehicles liable as own- ers I , IS chaiging exci'ssive fari' IN', 1 Engineer (city), to notify rail- I'oad companies to ri'pair streids V, 4 to ri'jiair strcids at cost of railroad companies V, 4 PUBLIC CARRIERS. •ii; Fee of re^i.ster for issuin^^ li- C(MlS(iS I, ^ G Feed (lon^), stands for veliicles transporting. II, G Fine-H^ inspector of vehicles to receive one-half of certain..!, 19 Fire department , not to he inter- fered with by radroad cars..V, 7 Fires ^ in case of, sti‘(;ets to be at nse of tire department.. V, 7 Fodder^ stands for vehicles transporting- II, G Furnitare-cars^ regulations con- cerning I, 1 tax on 1, 2 to have registered number on..1 , 4 rate of fare for 1 , 12 to have name of owner on I, 24 limitation of stands for II, 4 Garbage^ vehicles transporting, how .secured I, 15 Gas-pipe, city not liable in dam- ages for breaking of. V, G Hackney carriages, regulations concerning I, 1 tax on I, 2 to have regist(‘red number on... 1,4 rate of fare foi- I, 10 card of rate of fare to be post- ed in I, 13 drivers ot, to wear badges I, 13 to have lamps at night I, 14 limitation of stands for II, 4 Hay, stand for vehi(4es ti-an.s- porting II, 5 Hiring of vehicles, wdiat deemed to be... I, 17 Hotel oninibusses, tax on I, 2 coaches, tax on 1, 2 wagons, tax on 1, 2 Inspector of vehicles, how ap- l)ointed I, 18 duties and powers of. 1, 18 compeirsation and salary of... I, 10 bond of I, 10 term of ofH(*e of. I, 10 Lamps of carriages, to have reg- istered nnmber on I, 14 Lamps of omnibnsses , to have reg- ister(*d number on I, 14 Licensed, vehicles, to have names of owners on I, 24 Licenses for vehicles, may be semi-annnal I. 2 regist(*r to issue I, 2, G ))rovisions concerning 1 , 7 to b(; forleited, when I\', I not to be remewed. when iV, 2 lor st''(M‘t-railroad cars \'I, 1, 4 for str(‘et- rail road cars, ain't of, how asc(*rtained VI, 2 for street-railroad cai-s, com- j)ani(*.s failing to pay, to for- feit jnivi leges VI, 4 Licenses, for street-i-ailroad cars, not to exempt companies from repairing streets... VI, I 5 for ])ublic porters Vll, 1 to di-ive licensed vehicles, reg- ister may issue I, 21 Licenses to drive licensed vehi- cles, provisions concern- ii'g- I, 22 lAyne, vehicles transporting, how to be .secured .41, 15 Livery stables, tax on vehicles kept in I, 2 keepei'S of, to report number of vehicles in I, 8 kee])er.s of, to pay tax on ve- hicles I, 8 Loose materials, vehicles trans- porting, how to be secured 1, 15 Manure, vehirles transporting, how to be secured ^1, 15 Marketry, vehicles transporting, exeinpt from tax I, 0 Marshal (city), to pay inspector of vehicles one-half certain tines I, 10 Materials, loose {see loose mate- rials) . Mayor, to appoint inspector of "vehicles I, 18 to approve stands 'for vehi- cles II, 2 to sanction notic(‘ of engineer to street-railroad companies to repair streets V, 3 public jiorters to obtain cer- tificate from VII, 1 Metallic plates, ri'gister to fur- ni.^^h for nnmliering vehielesl, 5 Milk, vehicles transporting, ex- einjit from tax I, 0 Mad. vehicles transiiorting, how to be secured I, 15 Numbers for vehicles, register to furnish I, 6 Offal, vehicles transporting, how to be secured I, 15 Officers, refusing to carry out certain ordinance IV', 4 Om?iibusses , regulations concern- ing L 1 tax on I, 2 to hav(! reglsteri'd nnmber on I. 1 rate of fan' for I, 10 card of rat(* of fari* to be post- ed in I, 13 to have lamps at night I, 11 to hav(' name of owner on I, 21 Fassengers. mayi'xamliu* (*ard of rate of tan' I, 13 Passenger tickets . for st ri'i't - ra 1 1 - road cars, in lcHi of V 1 , 1 coni|)ani('s to ki'i'j) for sal('...VI. 1 rUBl.R^ OAHRIKKS. iV/mZ/'v'c.s' tor (‘(*rt;iiu oirciises 1, ^ IT), K;, ‘20, ‘24; 11, 5, 7; 111. O: IV, 1, 4: V, :i, 5; VI, 0; VII, 4. 5. j Public porters, provisions con- ' 1 C(M-ning \'1I. I to ;n)plv to inavor for c(M-tili- ; cate..; : VII, Ij register to issue license to... VII , 1 i to^iveboncl VII, 1 j to wear bad^'es \'I1, 2 i i-ate of fare tor V 11 , 8 ' permitting others to use wheel- j barrow, etc VII, 5| Railroad omnibusses, tax oil 1, 2 rate of fare for 1 , 10 i Railroads, street {see street rail- 7‘0 ads) . Register, to issue license for ve- ; hides I, 2 to turnisli metallic plates lor numbering’ veliicles I, a] duty of, concerning' vehicles...!, G keepers of livery stables to re- port to 1 . 8 may examiiu! kei'jiers of li V(*ry stables undm- oath 1 , 8 to furnish cards of rat(^s of tare 1, 18 may examine parties touching' ownershij) of v(diicl(*s 1, 17 may issue license to dri\'e li- cmised vehicle I, 21 to number sprinkriu»-carts...l, 24 owner of transter-wa^'ons to I state number to II 1 . 2 I clerk of polio* court to re[)ort ci'i'taiii convict ions to ..IV, 8 to ent(*r c(‘rtain com id ions in a book IV, 8 to examiiK* certain books be- fori* issiiinii,' license IV, 8 to r(*fuse lic(‘ns(*, \vh(*n IN', 8 to report certain ddimpiencics tocomptroller \d , 4 to issue lici'iises to })ublic iior- ters VII, 1 Ralary of inspector of vchi- (des I, 11) Seivers, city not habh* in dam- aa-(*s for breaking' of \’ , G Spriniding-cai-ts, to hax'c name of owiu'r on I , ‘24 to be numb(*n‘d 1 , 21 Stand, vi'hide.' occupyiu.H' to hav(^ re_oist(*r(*d number on I. 4 for x'diicles, ri'^'idations con- cerning' II. for vehicles, s(‘l(*ction of, how and when math* II , 2 for \<*hicl(*s, limitations coii- c(*rniu^ II, 4 for vehicles haiiliii”' Iona* f(‘(Ml, straw, etc II, a St/‘aiv, stands for v<*hi(des haul- ing- II, I a Street inspectors , to select stands for V(*hicles II, 1 to s(“lect stands, how and when II, 2 to publish stands seh*cted II, 8 to enforce (‘(‘I'tain ordinance... II, 7 Street railroads, prox'isions con- cerning' N' . who liable to provisions (*on- cerninji; V, 1 ru!(*s and re«'ulatioiis tor ruii- nin;*' cars on Y, 2 companies to keep track of in ^' 00(1 repair V, 8 cars of, to havt* preference of • track V, 10 Street-raih-oad. companies , tax to be ])aid by YI, 1 to re])ort number of cars I'un Yl, 2 to tile acceptance of ordi- nance Nd, 8 Streets, I'ailroad com[)ani(*s to keep in r(*paii' Y, 8 to b(* us(*d by tir(* department in cas(*oflir(* Y, 7 Sieill, \(*hi( l(*s transporting', how s(*cur(*d I, a Tax 071 vehicles 1 . 2 to r(*h*ase own(*rs from other tax on 1, 8 7 i-a 7/sfer - iv a g on s , I'e^' u 1 a t i on s conc<*rnin^' I II. tax on Ill, 1 owiH'i's to slate nundK*r of to r(*,oist(‘r Ill, 2 not to be used x\ ithout license III. 8 1 ranspo7‘tatio7i of pi* r so us or pi'operty , regulations I. Vehicles. r(*<>'idatioiis coucc'i'uin^' I, 1 tax on.... 1 , 2 tax on to i'(*l(‘ase from ollu*!' tax 1 , 8 to hav(* i'(*^istered numb<*r on I, 4 rat(*s of fai'i* for.. 1 , 10 card ol rati* of fare to be posted in I, 18 noiK* but persons licens(*d to drive I, ‘20 to havi* naim* of own(*r on I, 2t street inspi'dors to sel(*ct stamb for II. 2 limitation of stands toi' II, 4 not to occupy cci'taiu space near coiu't -lioiisi* 1 1 , 7 j drix ers oroxx n(*i's of, char^'in;ister, endorsed in Avriting thereon, specifying the name of the jierson to Avhom transferred ; and no person other than the one so licenseo ])i-ose- cuted before the recorder, and, on conviction, shall be fined tlie amount ot‘ such bill, together witli twenty pei* centum added ]>UBLIC CAin^lERS. tlicrcto, not exceeding, however, five hundred dollars In any one case. Skc. 4 . Whenever ci’osswalk shall he constructed hy Proceedinj? to ^ secure payment authority of any ordinance or order of the city across any street for ciosswaiks. upon which any railroad track is located, the city engineer shall notify the railroad company whose track is so located on such street to lay so much of the crosswalk as may be between the rails and two feet outside of the rails ; and, on the refusal of the company to do said work, the city engineer shall proceed to have the same done, and the cost thereof certified and collected in the manner set forth in the preceding section. Sec. 5 . Any person, corporation, company, or copartnership, violating any of the provisions of the foregoing sections, shall sections, be subject to a penalty of ten dollars for each and every such violation, to be recovered by suit against any such offending party in the name of the city. Sec. G. The city of St. Louis shall not be held liable to any city not uabie ,, • T • 1 1 e 1 1 • f for certain dam- railway compau}", or individuals, tor any damage resulting from ages. the breaking of any sewer, or any water or gas pipes, or from any delay in the transportation of })ersons that may be caused thereby, or from delays or damages caused by fires or otherwise; but any such railway comiiany or individuals shall be liable for p«"iranies ua- any loss or injury that any person may sustain by reason of damages. any carelessness, neglect, or misconduct of their servants or agents, in the management, construction, or use of their track or cars. Sec. 7 . No iirivilcge or aiithoritv hereby granted shall lie so Privileges of . .'^,.'•11 • e railroads construed as in any manner to interfere with the operations of not to interfere ^ ^ _ with tire depart- the lire department of the city. ILit in all instances, in case of fire, the use of the streets where railroad tracks are laid shall vJd urtue be subservient to the necessities of the fire dejiartment. department. Sec. 8 . Vehicles driving in the direction of the cars unoii any certain vehicles street railway shall be entitled to the track used by the cars running in that direction. ■». Sec. 0 . No vehicle driving in a contrary direction shall use penaityforusing , , ... ... .... track without such track, except for the purpose of crossing or avoiding other authority, vehicles that may be in the way ; and any driver violating the jirovisions of this section shall be liable, on conviction thereof, to pay a fine of not less than three dollars. 54‘2 PUBLIC CARRIERS. Cars piititled to track in i)rpfer- ence to vehicles. Tax of certain railroad com- panies. Price of tickets tixed. Officers of com- pany to make oath. Tax to be for number of ears run. Acceptance of company lo be tiled. Conditions of acceptance. Sec. 10. Notliiiig contained in tlic preceding two sections shall lie construed as in anj manner interfering with the rights of the passenger cars upon such track, or as entitling any vehicle to any track in preference to any such car, without regard to the direction. ARTICLE VI. Tax on Strect-liailroad Cars. Section 1. The St. Louis- railroad company, the Missouri railroad company, the Citizens’ railway company, and the Peo- ple’s railway company, hereafter, in addition to the tax required to be paid by State revenue hiAv, shall each, for and during the term of five years from the approval of this ordinance, pay to the city of St. Louis an annual license of twenty -five dollars for each car regularly run over the respective roads of said compa- nies ; and, as a further consideration of the privileges granted, said companies shall prepare and keep on hand for sale, and shall sell to any citizen applying during business hours, passenger tickets in packages of tAventy-five for one dollar, and also chil- dren’s tickets, for the use of children not exceeding twelve years of age, in packages of forty for one dollar, and shall continue to keep and sell tickets at the rate named during said term of five years. Sec. 2. The president or superintendent of said respective companies shall return, under oath, the number of cars run regu- larly each day during tlie year, and these shall be added together and divided by the number of days in the year, and the number thus given shall be charged with the license al)ove provided for, and the amount thus ascertained shall be paid by said company. Sec. 8. This ordinance shall not take effect as to any of the companies herein named unless such company shall file Avitli the city comptroller the acceptance of the company, Avhicli accept- ance shall state that, in consideration of the provisions of this ordinance, said company agrees to pay the annual license of twenty-five dollars for each car regularly run on their i-oad, to be ascertained as hereinbefore provided for, and during said term of five years ; that said company Avill, during said term of five years, keep on hand for sale, and sell to any citizen, during business hours, passenger tickets in packages of twenty-five for one dollar, CAKKIERS. r>4‘-^ aiul eliildreii’s tickets, for tlic use of cliildroii not exceeding twelve years of age, })ackages ofc' fort}^ for one dollar ; Avliich acceptance, when filed, shall constitute a contract between the citv and said compan}^ for and during said term of five years. Sec. 4. In case any of the companies mentioned in the first faii- , iiig to pay li- sectioii of this ordinance [article] shall fail or refuse to pay the cense, license provided for in said section ten days after the time provided for in the second section of this ordinance, [article] , then every such company shall be subject to an annual license of one hundred dollars for each and every car owned and used by Duty of register 1 1 • 1 n 1 1 1 e 1 ' • • 1 e M Oil failure to pay them ; audit shall be the tluty or the city register, upon the failure license, of every such company to pay the license lierein last specified within ten days after notice from the register that the same is due and payable, to report tlie names of the delimpients, and the amount due by them respectively, to the city comptroller, who shall there- upon forthwith cause suit to be brought, or other proper steps to comptroller to ° , . . . ^ ^ . cau.se suit to be be taken, to recover the same ; and any failure of said companies brought to pay the license last specified shall amount to a forfeiture of this contract. Sec. 5. This ordinance [article] shall not affect the provisions tius ordinance _ _ _ _ r ^ not to all'ect cer- of the several ordinances reipiiring said companies to repair and tain provisions, pave that portion of the streets occujiied by them, including two feet outside of the track. ARTICLE VII Public Portirs. Section 1. Any person designing to exercise the Imsiness of a public porter shall make proof to the mayor that he is a man of good moral character and sober haliits, and, upon obtaining the certificate of the mayor that sucli proof lias been made to him, shall pay to the city register the sum of five dollars, and execute to the city a bond, with sufficient security, to be approved by the register, in the sum of two hundred dollars, conditioned for the faithful performance of his duties, and the delivery of all jiroporty and things intrusted to him to be transported, and the payment of all damages which mayAiccriie to any person by his negligence in the discharge of his duties, or his failure or refusal to perform them; and the city register shall deliver to him a Procofdiugs to obtain liciMisc as public porter' 544 PUBLIC CyVPvRIEBS. Parlors to wear badges. Hate of fare for porterage. Penalty for vio- lating provis- ions of this ar- ticle. Penalty for us- ing hand-barrow or badge unli- censed. license to act as a public porter for one year, and designate tlie number wliicli be shall use in his said business. Sec. 2. Every licensed public porter shall wear a badge, in a conspicuous place about his person, on Avliich shall be printed his name and the number given him by the register as aforesaid. Sec. 3. Every licensed public porter shall be entitled to receive for conveying a load on a wheelbarrow, handbari’ow, or handcart, any distance not exceeding six blocks, twenty cents ; any distance more than six blocks, at the rate of twenty cents for six blocks. Sec. 4. Any public porter who shall fail, neglect, or refuse, Avhen re(|uired to transport any article, unless such porter shall be at the time actually otherAvise employed, or Avho shall fail to Avear the badge provided for in the second section of this ordi- nance [article], shall be liable to a fine of not less than one nor more than tAventy dollars. Sec. 5. No public porter shall suffer or permit any other person than himself to carry an^^ article in his Avheel or hand barroAV, or handcart, or to wear his badge, under penalty of a fine of not less than one nor more than twenty dollars. Approved, August 18, 1864. [No. 5428.] R E G 1 S T E R . AN ORDINANCE IN RELATION TO THE CITY REGISTER. Accounts^ roorister to render to auditor, Avlien § 9 Attorney (eity), register to fur- nish records and documents to 1 Auditor^ reg'ister to deliver cer- tain receipts to G to draw retpdsitions on for certain expenses 8 ref^ister to render accounts to, Avhen 9 lilanl; eertificates ^ reydster to fnr- nisli to certain ollicers 5 to ke(‘p re^^ister of 5 lilank licenses^ re^ist(*r to i)ro- cure, attest, etc 4 Pdank licenses, to keep reglstei’ of g 4 Hooks, re»’ister to ])rocaire for certfiin otli(;ers 7 expenses for, Iioav paid 8 Bonds, reo^ister to record 12 Certificates , blank [see Idank cer- tificates) . City 'officers, re»’ister to furnish ' sfatioiKM'v. etc., for 7 Collectors, rt'^ister to furnish blanks to 4 Commissions, rc'i^ister to ])r(‘par(‘ and att{*st 8 to kt'cp r(\L>;ist(‘r of. 8 Common council , rc'^ister to fur- nish stationery, etc., for 7 REGISTER. 545 Coimnon seal (see seal) . Contincjent fand, certain expenses cliarifeul)l(' to g 8 Counselor (city), rc'^’ister to fur- nish records and docninents to 1 Documents^ certtun, register to have custody of....... ] certain, register to .seal and certify....! 1 ofiicial, register to })repare and authenticate 3 ofiicial. register to keep regis- ter of. 3 Expenses for stationery, fuel ^ etc., for city officers, how paid.... 8 Fuel, register to furnisli for cer- tain" ofiicers 7 expenses of, liow paid 8 Furniture, register to furnish for certain officers 7 expenses for, how paid 8 Harbor-ma ster , register to fur- nish blank certificates to 5 Instruments , i)ubiic, register to authenticate 1 Licenses, blaidv (see blank li- censes) . Lumber - measurers , register to furnish blank certificates to 5 Mayor, official acts of, register to authenticate 1 registei- to furnish stationery, fuel, etc., for 7 register to pay postage for..... 7 Official acts of mayor, register to authentic.ate 1 documents, register to pre- ]>are and attest 3 Official acts ofma.yor, documents, register to keel) register of... 2 Ordimmces , regist(‘r to have cu.s- tody of original rolls of 1 register to cause to be pub- lish(*d, etc 10 regisbii- to keep record of titles of. 11 Papers, certain, register to have . custody of 1 certain, register to authenti- cate 1 Public record, register to have custody of 1 Public instruments, legister to authenticate 1 Record, public, register to have custody of. 1 register to furni.sh to counselor oi- attorney 1 of titles of ordinances, register to keep 11 Register (city), powers and du- ties of...'. 1—12 Resolutions , register fo have cus- tody of 2 Seal (city), register to have cus- tody of 1 to affix to public instruments 1 description of 2 to be accompanied by attesta- tion of register 2 Stationery, register to procure for certain officers 7 expenses for, how paid 8 Weighers of hay and stone-coal , register to furnish l)lanks to , 5 Be il ordained by the Cononon Council of the City of St. Louis : Section 1. Tlio city register shall have the custody of the duUos of regu- city seal, the public record, the original rolls of ordinances and joint resolutions of the city council, and such other papers, recoi'ds, and documents as may he delivered into his custody. He shall affix the city seal to all public instruments or official acts of the mayor which, by law or ordinance, are recpiircd to be attested by the city seal, and countersign the same ; and shall affix the seal to and certify any documents, copies, or papers in his office, required for individual use, or by any officer of the city, and shall furnish to the city counselor or city attorney any record or document in his office which either may call for, to be used in any court, taking a receipt therefor. 35 546 REGISTER. Common seal of city. Register to pre- pare commis- sions To affix seal to licenses. To keep register of licenses. To furnish blank certificates. To deliver du- plicate certifi- cates to auditor. To furnish sta- tionery to city officers. Sec. 2. The common seal of the city of St. Louis shall he of a circular shape, one and one-half inch in diameter, with a device engraved thereon of a steamboat carrying the flag of the Lhiitcd States, surrounded by a scroll, inscribed with the words ‘‘The common seal of the city of St. Louis,” in Roman capitals, engraved upon the face thereof. No impression of said seal to any contract or other writing shall have validity or binding obligation upon the city unless such impression be accompanied by the attestation and signature of the city register, and then only in cases authorized by law and the ordinances of the city. Sec. 3. The register shall prepare all commissions and other official documents which the mayor is required to issue, and shall countersign and affix the city seal to the same, and shall keep a register of all such commissions and documents, in which the substance thereof shall be noted. Sec. 4. The register shall procure, sign, and affix the city seal to blank licenses, for all purposes for which a license is required to be issued; except water license, and shall, from time to time, in cases where blank licenses are to be delivered to collectors, deliver any number of the same required by a collector, of which he shall keep a register, stating the number issued, the amount thereof, for what issued, and to whom delivered, and shall take duplicate receipts therefor from the officer to whom the same are delivered. Sec. 5. The register shall, from time to time, furnish the weighers of hay and stone-coal, the harbor-master, and lumber- measurers, with blank certificates, to be issued by them, which shall be signed and numbered by him, and registered ])y num- bers in a book kept for that purpose, and for which he shall take duplicate receipts. Sec. 6. One of the duplicate receipts re(piired in the two preceding sections shall immediately be delivered by the register to the auditor, to be charged to the officer giving the same. Sec. 7. The register shall procure stationery, books, fuel, furniture, and other articles necessary for his own office, for the mayor’s office, for the common council, and for the oflices of all other city officers whose oflices arc kept in the city liall ; and shall furnish all city officers with such books as are re([uired by ordinance to be kept by them, and keep an accurate account REVENUE. rA7 ot* tlic same, and to Avlioin delivered; and sliall pay tlic postage, or other necessary expenses, npon any official document received or sent by him, the mayor, or by any otlier city officer. Sec. 8. For expenses incurred under the next preceding section to draw on au.t- the register shall draw his requisition upon the auditor, wlio shall tionery. draw his warrant on the treasurer for the amount, payable out of the appropriation for CQiitingent expenses. Sec. 9. The register shall, on the first day of January, Ap ril. To account to July, and October, render his accounts with the proper vouchers to the auditor, who shall settle and adjust the same. Sec. 10. The register shall cause the ordinances of the city to cause ordi- to be published as required by the charter, and shall superintend the printing thereof, and examine the proof-sheets and compare them with the original rolls. Sec. 11. The register shall keep, in a book provided for that To keep record purpose, a record of the bills of all ordinances and joint resolu- tions passed by the common council ; of the time when the same were passed, and where and when the same were published. Sec. 12. The register shall record the official bonds of all To record ofUcial city officers, and all other bonds executed to the city and placed in his office, in a book to be kept for that purpose. Approved, September 3, 1864. bonds. ( No. 5453. ) K E VENUE. AN OEDINANCE REGULATING THE LEVYING AND COLLECTION OF THE CITY Abstract of t/'ans fe7's of real pro})- erty, president of board of assessors to procure V, ^ 3 Account^ with treasui-er and city oliicers, auditor to keep...!, 3 Account-hookff of city ^ auditor to keep 1, 2, 3 comptroller to prescribe mode of. II, 2 Accounts^ auditor to adjust and certify I, 3 approved , comptroller to keep reg-ister of. IF, 4 REVENUE. A dminisf ration of city yovernme^it, auditor to keep sepai-ate ac- ’ counts of I, \ 4 Affidavit^ to correct erroneous as.sessmeut V, 24 on pawnbroker’s license. ..X, 2 Amusements for gain^ license to be procured for XIV , 1 Appeals^ court of {see court of ap- peals) . from assessment, bow madeV , 17 Assessment of property regulat- ed .....V. 548 REVENUE. Asscfisment of taxes, comptrol- ler may correct IT, ^ 8 erroneous, how to be cor- rected, V, 17, 18, 23, 24. 25, 26 Assessment lists, auditor to de- liver to board of assessors V , 4 bow made V. 5, 6 Assesso7's, how appointed V, 1 qualiticatious of V, 1 Avlieii to enter on discharge of duties V, 2 president to allot districts toV, 7 responsible for correct assess- ment V, 7 duties and powers of..y, 5, 6, 7. 9, 10, 11, 12, 13, 14, 20 term of office of. V , 27 to assess certain property V III, 5 Auctioneers, provisions eoncern- cerning XII. who declared XII, 1 to procure license XII, 2 license for XII, 3 to give bond XII, 3 violating ordinance, penal- ty XII, 4 Auditor, provisions concerning!. duties and powers of VII, 7, 8, 9; V, 4, 16, 20, 25; I, 1— 17; XIII, 5, 8. term ot office of. I, 12 duty of comptroller in absence of. I, 15 treasurer to settle with Ill, I to make statement of revenue of previous year....^ IV, 5 examining committee to ex- amine hooks, etc., of.. ..IV, 6 duty of, concerning re- ceipts IV, 10, 11 examining committee to settle with, when IV, 7, 8 asse.ssments to be reported to, when V, 15 president of board of assessors to return lists to V, 18 tax-lists to be delivered to... V, 20 statements of stock of mer- chants to be delivered to XIII, 4 Auditor's clerk, how appoint- ed I, 13 duties of I, 13, 15 style of. I, 14 Bagatelle - tables , license to be pi-ocnred for XIV, 1 who declanal keeix'r of.. XIV, 8 Bank-checks for city money, how drawn ....Ill, 3 Bayck of the State of Missouri, treasni-er to deposit money in HI. 2 Beer-house licenses, penalty for not paying IX, 14 Beei'-houses , provisions concern- ing IX. who declared keeper of IX, licenses for IX, Billiard-tables , license to be pro- cured for XIV, who declared keeper of.. .XIV, licenses for XIV, penalty for keeping without license XIV, Board of assessors, comptroller to prescribe books to be kept by II, provisions concerning V . how constituted V, duties of...V, 5, 6, 7, 8. 9, 10, 11, 12, 13, 14, 15, Bond of collectors Vll, pawnbrokers X, auctioneers XII, horse-auctioneers XII, Bonds (city) , how t o b e siglKHl.! II, comptroller responsible for ])roceeds ot II, comptroller may issue, of cei-- taiii denomination II, Book-keeper, comptroller to ap- point II, Brokers, to procure license XIV, Buildings, how to be as- sessed V, Buggies, who may keep market 4or sale of. XII, Cayriages, who may keep market for sale of. XII, Checks for city money, how drawn ;..III, City bo7ids {see bonds). City debt, comptroller to super- vise II, com])troller may require aud- itor to pay, when II, City hall, auditor to keep sepa- ' rate account of. I, Claims agamst city, auditor to adjust and certify I, to be allowed Avithin certain time I, Cle7’k of assessors, ])resident of bofird may emi)loy V, Collectkm of taxes r(*gnlated VII. Collecto7's of 7'e-eenue, pi’ovisions concerning VII . how appointed VII, qualifications of VII , bonds of VII. duties of V, 2(); VII, 3, 4, 6, 7; IX, 5, II, 13, 14, I 3 10 1 6 6 28 1 1 2 f>, 15; XI, 2; XII, 3, 6; XIll, 3, 7, 11. comi)ensation of. VII, 10 auditor to deliv(‘r tax -bills to XIII, 7; V, 20 KEVENUE. im Committee to examine hooks , etc . , of certain oflicors I\", ^ G — 8 [See examining committee.') Committee on ways and means., to employ special tax attor- ney vin, ] Common conneil. auditor to fur- nish information to I, 11 auditor to permit members of to examine books, etc. 11 compti-oller to report to, when j. II, 11 examining committee to re- poi-t to, when IV, 7, 8 to sit as court of appeals, when V, 17, 18 Compensation of col lectors. .VII, 10 Comptroller provisions concern- ing II. to select collectors for certain duties I, 3 to o]-der suit against delin- quents to city I, 10 to permit members of council to examine, etc I, 11 to audit accounts in auditor’s absence I, 15 powers and duties of..Il, 1 — 13; V, 14; V, 23, 24. 28; VII, 5, 7; VIII, 1; XIII, 8. treasurer to settle with Ill, 1 examining sessment of t Axes. May make alter- ations in assess- ment or bills. To attend to sale and renting of property. To publish state- ment of receipts and expendi- tures. Contents ot statement. To report esti- mate of neces- sary expenses. Contents of re- port. approval of tlio mayor, to draw liis retpiisition upon the auditor for a warrant on the treasurer for any money whicli may be needed to pay any part of the principal or the interest of the public debt, and, with the mayor’s approval in writing, to do any act herein which ma}^ be proper to accomplisli the fiscal objects contemplated in regard to the city debt. Sec. 8. lie shall also superintend the assessment of taxes and prescribe the books and rolls to be used by the board of assessors in the assessment of the valuation of the property for the purpose of taxation, and said books shall at all times be subject to the inspection of tlie comptroller. He shall, when satisfied that errors have been committed in the assessment or in the bills for taxes, or when property has been omitted to bo assessed, make such alterations or additional assessment as he thinks just, giving notice tliereof to the auditor, to be credited or charged to the different collectors on the auditor’s books. Sec. 9. He shall also attend to the sale, renting, or any other disposition of any property belonging to the city, and the col- lection of all notes, rents, and other dues to the city, except when in tlie hands of the fund commissioner. Sec. 10. The comptroller shall make out an annual statement for publication, in the month of March in each year, giving a full and detailed statement of all receipts and expenditures of money during the year ending the first day of said month. The state- ment shall also detail the liabilities of the city, the condition of all appropriations and contracts unfulfilled, the balance of money in the treasury and the sums due and outstanding, the names of all persons who have become defaulters to the city and the amount in their hands unaccounted for, and all other things necessary to exhiliit the true financial condition of the city. Sec. 11. He shall also, in the month of April in each year, at the first stated session of the common council, sulnnit to the same a report of the estimates necessary, as nearly as may he, to defray the expenses of the city government during the ensuing fiscal year. He shall, in said report, class tlie different objects of said city expenditures, giving, as nearly as may lie, the amount reipired for each, a statement of all contracts made or directed by tlie council and not peiTormed or completed, and upon which any money remains unpaid, with the amount so HEVENin^:. 559 unpaid on eacli ; and for tliis purpose lie slnill reipiire from the city engineer, and other city officers and heads of departments, such information as he sliall need to enable him to fulfill the duty imposed upon him by this section. He shall also, in such report, show the aggregate income of the preceding fiscal year from all sources, the amount of all liabilities outstanding, and of bonds, interest, and any other kind of city’s debt payable during the year, and when due, so that the common council may fully understand the money exigencies and demands of the city for the Sec. 12. The mayor shall appoint, with the approval of the Deputy comp- 1 T f. -1 1 n 1 1 11 droller to be ap- board or common council, a deputy comptroller, who shall pointed, perform such duties in the comptroller’s office connected with the duties thereof as the comptroller may direct, who shall act and sign in his place in case of absence from the city or sickness. The comptroller and his securities shall be responsible for his comptroller re- official acts. He shall also, with the approval of the board of common council, appoint a book-keeper. Sec. 18. The city comptroller is hereby authorized to issue ^ay issue bonds bonds of the city of the denomination of five hundred dollars, dollars. instead of one thousand dollars as heretofore ordered, whenever, in his opinion, it will be advantageous to the city so to do, any provisions or ordinances to the contrary notwithstanding. ARTICLE III. Treanurer. Section 1. There shall be elected a city treasurer, whose omce of treas- duty it shall be ; First — To receive and keep all mone 3 's of the city which Duty of trea.s- may come to his hands, and disburse the same upon the warrant moneys* of the auditor, legalW drawn. S(.i(j7i(l 1 o keep, in a da^^'book, journal, and ledger, or other to keep account proper books, by double entiy, a full and accurate account of ceived and dis- all moneys received and disbursed by him in behalf of the city, specifying the time of receipt and disbursement, from whom received and to whom disbursed, and on what account received and disbursed. Third — To keep a separate account of each fund or appro- to keep account priation, and the debts and credits belonging thereto. 560 REVENUE. To kppp register of warrants. To give receipts for moneys paid. Fourth — To keep a register of all warrants redeemed or paid into tlie treasury, describing such warrant by its date, amount, number, and the name of the payee, and specifying the time of the receipt thereof, from whom received, and on what account, and to cancel all such warrants and file the same. Fifth — To deliver to every person paying money into the city treasury a duplicate receipt therefor, specifying the date of pay- ment, upon what account paid, and whether paid in money, or warrants, or certificates. To settle raontii- Sixtti — To Settle at the end of each month with the auditor and comptroller, and Comptroller, and ascertain the balance in his hands. To deposit mon- Sec. 2. Whenever the moneys of the city in the hands, blnk.*^ ^ custody, or subject to the order of the treasurer shall exceed the sum of ten thousand dollars, he shall forthwith deposit the surplus in the Bank of the State of Missouri, to the credit of the city of St. Louis. Manner of draw- Sec. 3. Whcu it becouies neccssary to use the moneys, or parts mg money from , t e i • • , . , bank. thereof, deposited to the credit of the city, as mentioned in the preceding section, the same shall only be drawn out of the bank on the check of the treasurer, payalile to himself as such, approved by the mayor, and countersigned by the register, wdth the st^al of the city thereon. Auditor and Sec. 4. It shall be the duty of the auditor and treasurer to treasurer to re- i i • r ^ r • • i port surplus make each a written report to the mayor whenever there is in the hands of the treasurer a surplus of moneys to be deposited as- mentioned in the second section, specifying the amount thereof; and the treasurer shall, when such surplus has been deposited to the credit of the city, report the fact to the mayor and to the auditor in writing. Sec. 5. The treasurer is hereby expressly prohibited from using, either directly or indirectly, the public money or Avarrants in his custody and keeping, for his oivn use or benefit; and any viola- tion of the provisions of this section shall subject the treasurer to removal from office forthwith by the mayor. Treasurer’s Sec. 6. There shall be a treasurer’s clerk, ivlio shall be nom- puinted. iiuited by the common council, upon the recommendation of the treasurer, and confirmed as other city officers, ivliose duty it shall be to assist the treasurer in keeping the books and accounts N'ot to use, pub- lic money. Penalty. Duty of clerk. liEVENUE. 561 of Ills office, ami wlio sliaH liold liis office foi* tlie same term as the treasurer. Sec. 7. The treasurer shall be liable for the official acts of Treasurer uabie the said clerk in the same manner as if performed by himself, and may rcupiire from him sufficient bond for the faithful dis- charge of his duty. ARTICLE lY. MiscellaTicous Provisions Touching the Treasury Department. Section 1. All interest coupons of the bonded debt of the interest cou- city of St. Louis, when not paid at maturity, shall bear interest terest.^ at the rate of six per centum per annum from their maturity until they are paid. Sec. 2 . Such coupons, as well as the interest matured upon coup ons receiv- them, as provided in the next jireceding section, shall be received as money in payment of all taxes and dues to the city, except the ad vatorem tax on real and personal property. Sec. 8. All coupons received into the treasury under the coupons to be foregoing provisions shall bo accounted for and disposed of as mayor! ^ may be directed by the mayor and comptroller, with the approval of the fund commissioner. Sec. 4. All discount on money sold or paid out by the city Discount charge- ^ to interest shall be charged to the interest account. account. Sec. 5. The auditor and treasurer shall, at the opening of Auditor and , , . 1 -1 f • 1 1 1 1 treasurer to fur- eacli stated session or the common council, turnish that body nisu joint state- .... 1*1 t- • 1 • 1 of income, With a joint statement showing the amount of income derived etc. from the revenue of the preceding fiscal year, the sources from which it was derived, and the appropriations thereof, and to what object appropriated ; and also the revenue received during the then fiscal year, how much less has been appropriated, and to what object it has been appropriated; and an estimate of the amount to be received into the treasury during the current fiscal year, from what source to be derived, and to what it may be applied. Sec. 6. Immediately after the general election in each year Mayor to ap- the mayor shall select a committee of two members elect of the committee, board of common council, and two citizens not members of said 36 562 REVENUE. Duty of examin- council, to examine tlie books, accounts, and vouchers of the ing committee. , ^ ’ auditor, comptroller, and register of water-rents, to see if the same have been properly kept, and to this end may employ a competent and experienced book-keeper or accountant to assist them ; to make settlement ^with that officer to the com- mencement of the fiscal year, and to witness the delivery of all books, papers, and property in his office to his successor in office. cominittee to Sec. 7. Said Committee shall report their proceediims to the report to coun- ^ -l to common council at its first stated or special meetings thereafter, and, if approved by that body, they shall cause the necessary entries to be made in the books of the auditor, comptroller, and register of water-rents to show the condition of his office at the end of the fiscal year, and the delivery of the effects of his office to his successor, which entries shall be attested by the signatures of the committee. Committee to Sec. 8. The Said Committee shall, in like manner, examine examine books of^treasurer, the books, papers, accounts, and vouchers of the treasurer, count the money in the treasury and the auditor’s warrants and certifi- cates on hand, and compare them with the treasurer’s register thereof, and make settlement with that officer to the end of the fiscal year, and also for the time elapsing between tliat and the To report to time of liis going out of office, and report their proceedings to the council as in the preceding section directed ; and, if such , proceedings and report bo approved by that body, the committee shall perform the same service as is required in relation to the sliall, moroover, destroy, by burning, all auditor’s warrants and certificates which they have examined in the treas- urer’s office and found correct. Expense of com- Sec. 9. The expoiisos of tlio officoi’s of tliis Committee shall mittee, how • i i i i • • e paid. be paid by the city out or the appropriation tor contingent • expenses, at an expense not exceeding five hundred dollars. Receipts by Sec. 10. All receipts given by tlie comptroller foi- money be counter- recc'ived on account of the city, shall, before being delivered signed by regis- . i • i ter. to the ])arty paying any such sums ot money, be countersigned Duty of register bv the citv register, the latter taking a receipt in diiiilicate from concerning re- o / o i i ceipts. the comptroller setting forth that such money had lieeii jiaid, and for what pur[)ose it was paid, to said comptroller; the register retaining one of said receipts, and the other he shall deliver to IIEVENI'E. the city auditor, 'who sliall open an account in liis hooks cliarging such sums as sho'wii by said receipt to the comptroller. Sec. 11. All receipts given by the register for money received Receip^ts by reg- on account of the city, shall, before being delivered to the party countersigned ^ ° ^ hj comptroller. paying any such sums of money, be countersigned by the comp- troller, the latter taking a receipt in duplicate from the register of comp- ’ ^ i ^ ® troller touching setting forth that such money had been paid, and for 'what receipts, purpose it -was so paid, to said register ; the comptroller retaining one of said receipts, and the other he shall deliver to the city auditor, who shall open an account in his books charging such co'^merning'^Je-'^ sums as shown by said receipt to the register.* ceipts. ARTICLE Y. Board of ^dssessors — Assessment of Frojierty Regulated. Section 1. At the first stated session of the common council in each year it shall be the duty of the mayor to appoint, by and with the consent of the board of common council, five competent men as assessors, each of whom shall have resided in the city at least five years next preceding their appointment, and at least one year in the district from which they shall be selected, and they shall be selected as follows ; One from the first or second ward ; one from the third or fourth ward ; one from the fifth or sixth ward ; one from the seventh or eighth ward ; one from the ninth or tenth ward ; and at the first stated session of the common council in each year the mayor shall likewise, by and with the consent of the common council, appoint a competent person as president of the lioard of city assessors, who shall have been a resident of the city of St. Louis at least five years next preceding his appointment ; and the said city assessors, together with such president, shall constitute and be the “board of city assessors.” Sec. 2. The president of the board shall enter upon the discharge of his duties on the first Monday of September in each year ; the other five assessors shall enter upon the discharge of their duties on the first Monday of October. rive assessors to be appointed. Qualifications of assessors. now selected. President of board of asses.s- ors to be ap- pointed; qual- ifications of president. Board of assess- ors, bow consti- tuted When assessors to enter on dis- charge of duties. * Hk 3 tenth and eleventh sections of this article are not in the original ordinance, hut form sections one and two of ordinance No. 5572, approved March 23, 1805. 564 REVENUE. Duties of presi- dent. Auditor to de- liver assess- ment lists to president. Lists to be re- turned within six months. Duties of board of assessors. Sec. 3. The president of the board of assessors sliall, on and after the first Monday in October in each year, proceed to prepare and correct the plats of the city ; and shall, immediately after the passage of this ordinance, procure from the recorder of the connty of St. Louis an abstract of all transfers of property within the city filed and recorded from the day of the date of the taking and completion of the last city assessment, and enter the same alphabetical!}" in a suitable register to be kept in the assessor’s office as a record therein ; the names of the purchaser and vender to be suitably columned, the date of the transfer, the description of the property, the amount of the consideration, with such brief remarks in the last marginal column as in the presi- dent’s view may be necessary and useful ; he shall change the plats of the city to correspond with such conveyances, and make such other preparations as will enable the board of assessors to proceed to assess the property within the limits of the whole city on and after the first Monday of Oc toiler following, as hereinafter provided ; he shall also, by advertising in two English and one German newspapers of this city, recpiest all persons who may own or have charge of any real estate in the city to call at his office at the city hall and give a correct description of such property ; he shall also certify to the city auditor the number of abstracts procured from said recorder, as aforesaid, and also the amount of said advertising, to be paid out of the appropriation for contin- gencies. No assessment shall be made by any assessor of real estate in the city of St. Louis in the name of any person whose name does not appear from the records of the county of St. Louis as the owner of such real estate. Sec. 4. On the first Monday of September in each year the city auditor shall deliver to the president of the board of assessors the entire preceding assessment lists of the city, which lists shall be returned to tlie auditor within six months. Sec. 5. The board of assessors shall, on the first Monday of October succeeding their appointment, proceed to examine and assess all property within the city subject to taxation at its casli value, the value of real estate to be determined by a majority of the assessors ; and shall make out, in suitalile liooks, one for each ward (two of which books shall be made out by eacli of the assessors), a list of all such property and of persons chargeable \vitli a poll-tax, descvibiiig in sc])ara-tc columns the property, and, where the same is real estate, giving the (piantity, metes, and hounds thereof, and the value of the ground and that of the iinprovements separately, and shall charge all personal property to the oAvner, according to the rate Avhere located, with his real estate, if he has any ; and, Avhen real estate is leased, the owner thereof shall be authorized to list Avith the assessors in such pro- portions as it is leased. Sec. (). Said lists shall be arranged by blocks, according to their numerical order on the city map in the city engineer’s office, and opposite the name of each person Avdio pays a poll-tax shall be stated the street and number of the house in Avhich such person resides, if the same be numbered, otherAvise such designation as Avill enable the collector readily to find the person ; and each list shall 1)6 made out in a separate book for each Avard, as shall also the census of the city ; and the lists shall be so arranged as to distinguish the property and other taxes in the old, iieAV, and new extended limits of the city, separately. Sec. 7. The president of the board of assessors shall, in assessing property, determine as to the portions of the city Avhich the assessors shall attend to in discharging their duties ; and each assessor shall be responsible for a correct assessment of the per- sonal property, and also a correct list of tlie real estate in the tAvo adjoining Avards apportioned to him to assess. Sec. 8 . Tdie board of assessors shall, after they have each separately assessed all the personal property as aforesaid, and examined the real estate and listed the same Avith the OAAUiers thereof, proceed jointly to assess all the real estate in the city, the value of Avhich is to be determined on the premises by a majority of the assessors in case of disagreement. Sec. 0. The value of the improvements, buildings, manufac- turing establishments and their machinery, and so forth, shall be fixed and determined by the assessors. Sec. to. Either of the aforesaid assessors is authorized to demand of every person OAvning or having charge of any taxable property, as agent, guardian, curator, trustee, or otherAvise, a list of such property, Avith such description as Avill enable him to list and assess the same; and, if any person refuse to shoAV the assessor, Avhen called on, all such taxable property, then the Lists of proper- ty, bow uiade out. Assessors re- sponsible for certain assess- ment. Value of real estate to be as- sessed by board. Value of im- provements, etc., to be fixed. Assessors au- thorized to de- mand list of property, etc. 566 REVENUE. Penalty for re- fusing to list property. Unknown own- ers, how to be ascertained. Assessment of property not as- sessed formerly. President to su- perintend as- sessments. Books to be made out at city hall. Interpreter may be employed. Board to make return to aud- itor. Auditor to noti- fy mayor. Mayor to con- vene council as court of appeals. I’arties ag- grieved by as- sessment, may appeal. assessor shall proceed to assess the same according to his best judgment, and shall add twenty per cent, to said assessment as a penalty for such refusal. Sec. 11. If either of the assessors find property within the city the owner of which is unknown, he shall apply at the county recorder’s office for the requisite information, and take such other measures as may be in his power to obtain the same ; failing in which, he shall mark the property as that of an owner unknown. Sec. 12. If any of the assessors shall discover any taxable property which has not been assessed in any previous year, the same shall be assessed for each year in which it was not assessed at the value thereof when the same should have been given in, and the assessor shall note the same upon his books. Sec. 13. The president of the board of assessors shall exercise a general superintendence and direction over the manner in which the assessment shall be made, and also the making out of the books or lists of property as aforesaid, which shall be made out at his office at the city hall, and each assessor shall devote his whole time to the discharge of his duties until the assessment is finished and returned as hereinafter provided. Sec. 14. Each assessor, when necessary in making the assess- ment, may employ an interpreter, by and with the written consent of the comptroller, but not otherwise, who shall be sworn faith- fully and truly to interpret in all cases where his services may be necessaiy . Sec. 15. It shall be the duty of the board of assessors to make a joint return to the city auditor, on or before the first day of April of each year, of the whole assessment of the property in the city. Sec. 16. Upon the receipt of the assessment lists as aforesaid the city auditor shall notify the mayor thereof, who shall there- upon call a meeting of the board of common council to hear and determine all appeals from the assessment, and to correct all errors that may be found in the lists, and to give notice in the papers doing the city printing of the time and place of-' meeting of said board at least ten days pilor to the meeting of the same. Sec. it. All persons who feel themselves aggrieved by the assessment of their property may api)eal to the said ])oard of REVENUE. 567 comnion council, sitting as a court of appeals, and every appeal shall be in writing and shall state specifically the grounds of the ^ipp^ais, wiiat appeal and the matter or thing complained of; ; and no other matter shall be considered by the board. Sec. 18. The board of comnion council, sitting as a court of court of ap- ° peals, how to appeals, shall hear and determine all appeals in a summary way, proceed, and correct any error that they may discover in the assessment lists, and place upon such lists any assessable property not already listed, and may increase or diminish any assessment, as they see fit. Sec. 19. Wlien the said board of appeals shall have corrected and adjusted the lists, the president thereof shall certify the same and cause them to be delivered to the city auditor. Sec. 20. Upon the receipt of such lists the auditor shall extend the same and enter in an appropriate column the amount of tax due from each person. He shall deliver the books to the respective assessors, who shall immediately make out the tax-bills for their respective districts and deliver the same to the auditor, with the certificate that the bills so made out are a true transcript from the assessor’s books ; and the auditor shall immediately deliver to each collector all accounts for taxes in his ward and take their respective receipts for the aggregate amount delivered to each, and charge the same to them respectively. Sec. 21. Any errors in the extension of such lists which may at any time be discovered may be corrected by the auditor, and new accounts for taxes delivered to the collector either before or after the payment of the erroneous account; as shall also in case of any errors corrected as hereinbefore mentioned. Sec. 22. The president of the board of assessors shall attend the sessions of the court of ap})eals and furnish all the informa- tion he can to the said court relative to the property in any assessment from which there may be an appeal, as well as upon all subjects appertaining to his office or upon which the said court may desire information; and shall, Avhen not otherwise employed, correct the plats of the city in his office connected with the assessments, and, when necessary, make out new ones and mark the subdivisions and the names of the owners of the property thereon. He shall also, wdien recpiested by the common council, make out a list of all real estate which may be in arrears Lists to be cer- tified by presi- dent of court of appeals. Diities of aud- itor concerning tax lists. Errors in exten- sion may be cor- rected by aud- itor. President of as-, sessors to at- tend court of ap- peals ; duties o£ president. 568 REVENUE. Comptroller and president to make certain corrections in assessments. Corrections not to be made, ex- cept upon affi- davit. Auditor to be notified of cor- rections made. Taxes erroneous- ly paid to be re- funded. Parties failing to list properly, not entitled to relief, except upon payment of additional tax. to the city for taxes, and, if necessary, ascertain the owners of the property at the time of making out said lists ; and do and perform such other duties, not interfering with the stated duties of his office, as the common council may direct. Sec. 28. The city comptroller and president of the hoard of city assessors, acting jointly, are authorized, and it is hereby made their duty, to correct (after the adjournment of the court of appeals) clerical errors found to exist in the city tax-books, errors in the assessment of personal property, and errors as to quantity in the assessment of real estate ; they shall, moreover, cancel all assessments of improvements where no improvements are found to exist; and they shall, in case of assessment of personal property with such real estate as after the date of the assessment may have changed ownership by foreclosure of mortgage or deed of trust, judgment of court, or other compul- sory operation of law beyond the control of the party who was owner at the time of the assessment, separate the assessment of the personal from the real estate. Sec. 24. No assessment of property shall be corrected, can- celed, or separated, as provided in the preceding section, unless the party assessed, or his attorney or agent, it the facts are of the personal knowledge of such attorney or agent, shall first file an affidavit with the city comptroller, and produce such other and further testimony as may be required by said conqitroller and the president of the board of assessors, detailing all the facts con- cerning such assessment, and particularly stating the amount and the kinds of personal property for which said party was legally assessable, and whether said personal property was all assessed or not. Sec. 25. The comptroller and the president of the board of assessors shall notify the city auditor ol‘ all corrections and other acts by them made or done under the provisions of this ordinance ; and the city auditor shall thereiqion, as the case may reipiire, issue new accounts to the collectors or draw his warrant on the city treasurer, payable out of the contingent fund, for the amount of tax erroneously collected: Provided^ a/ivaijs^ that jiersons who may have failed to file a list of their projierty, as reipiired by section tenth of the ordinance to which this is amendatory, shall not be entitled to the benefits of any provisions contained llEYENUJ^l in tills ordinance, except upon tlie iiayinent liy tlieni of an addi- tional tax of twenty })er centum upon tlie propei'ty legally assessed against them and included in any tax-bill sought by them to he corrected ; and the certificates of the com])troller and the jiresident of the hoard of assessors to the city auditor, issued under this ordinance, shall be drawn specially with the \dew to secui’e the collection of said additional per centage. Sec. 26. It shall he the duty of the collectors of revenue to (Collectors to re- ■> • 1 oil 1 r* e changes of report to ttie president ot the board or assessors all changes or ownership. OAvnership in real estate Avhich may come to their knmvledge during the time they are collecting the real- estate taxes ; Avhere- upon he shall correct the plats of the city connected ivith the ass es s m en t a c c or di n gly . Sec. 27. Each assessor shall hold his office for one year, or Term of office of until his successor is appointed and tpialified, or until othenvise provided by the common council, or unless sooner removed by the mayor for inability or non-performance of his duties, as^ hereinafter stated. Sec. 28. The president of the board of assessors is authorized President mav ^ employ additi on- to emiiloy a suitable person to act as clerk of the board ; and, , , ^ . . draughtsman. Avliencver an additional clerk or draughtsman is needed in the assessor’s office, ap})lication therefor shall be made by the presi- dent of the board to the mayor and comptroller, who, upon being satisfied of the necessity of the same, shall, by authority in Avriting, autliorize the president to employ such needful clerk or draughtsman. Such authority shall state the time for Avhich such employment shall last,* and no clerk or draughtsman shall be deemed liired or in the pay of the city until his appointment liy the president shall he countersigned ])y the mayor and comp- troller ; and the pay-rolls of such clerk or drauglitsman shall he made out and certified to by the president, and countersigned by the mayor and comptroller, before the same are audited. *Tli(; words ‘‘and tlie. amount of salary, Avlueli sliall not exceed ei^'lity- tliree and tlilrtv-tlirec hundredths dollars ])(“r month,” contained in the original ordinance*, after the words “tlu; time for which such emi)loyuient shall last, ” in the twe'nty-ei^hth section, article V, are rc'pealed by ordi- jiance No. 5489, approv(Ml January 27, 18(15. 570 REVENUE. Levying of tax- es. Collectors of revenue to be appointed. Qualifications of collectors. Beginning of term of. Bonds of col- lectors. Duties of col- lectors. To collect ac- counts. To collect li- cense taxes. ARTTGLE VI. Taxes. Section 1. For the support of the city government, payment of the city debt, and interest thereon, and for the improvement, of the city, a tax shall be levied annually, to be fixed by ordinance, upon all property made taxable by the laws of the State within the limits of the city, together with a poll-tax upon all free white male persons over twenty- one years of age, and all free colored persons over said age, who shall have resided six months in the city. ARTICLE VII. Collectors and Collection of Taxes. Section 1. At the second stated session of the board of common council in each year there shall be appointed, by and with the advice and consent of said board, a collector of the city revenue for each ward of the city, who shall be a resident of the ward from which he is appointed, and possess the other qualifica- tions requisite to city officers, and who shall enter upon his duties on the first day of January next succeeding his appointment. Sec. 2. The official bond of the collectors shall be as follows : Fifth and Sixth wards, fifty thousand dollars each; all others, in the sum of twenty-five thousand dollars, with at least four sufficient securities, to be approved by the mayor. Sec. 3. It shall be the duty of each collector, within the ward for which he is appointed : First — To collect all accounts for taxes placed in his hands for collection. Second — To receive from the city register and issue and deliver all licenses which are recpiired to l)c tahen out for the prosecution of any business, or for any exhibition or other thing, when the duty of issuing such license is not imposed upon another officer; and to collect the tax upon such license, and to register all such licenses in a suitable book, with the name, business, and residence of the licentiate, and the amount collected thereon, and to make return co})y of such register to the city register on every Saturday. llEAa^NUE. 571 Third — To keep in suitable books, to be fiirnislicd by tlic city comptroller upon bis entering on the duties of bis office, separate and correct accounts of all bills for taxes, of wbatsoever kind, under their appropriate heads, as received from any authorized city officer, specifying tlie amount of each bill sepa- rately, and the name or names of the person or persons from whom such amount is due ; and, when any such bill shall be collected, the amount and the name of the party paying the same shall be immediately entered opposite the original entry of such bill. At the time of making annual settlement these books shall be delivered to the city comptroller, therein directly setting forth the entire amount of bills received during the year, the amount collected therefrom, deposits made in the city treasury, and the amount of bills returned to the auditor as delinquent and uncollected. Fourth — To pay to the treasurer, on Saturday of each week, all money or auditor’s warrants collected by him, taking receipts therefor, one of which shall be fded with the auditor immediately. Fifth — To require all persons doing any business for which they are required to take out a license, to do so. Sixth — To report to city attorney and recorder all persons engaged in any business illegally, without license ; and Seventh — To report to the comptroller, under oath, on the last Saturday of each and every month, the whole amount of money and warrants collected and payments made into the treasury during the month preceding. Skc. 4. Upon the 'delivery of the accounts for taxes to the collectors by the auditor, the comptroller shall give notice of the fact in the papers employed by the city, and in one or more German papers, for twenty days, embracing in said notice the name of the collector of each ward and the location of his office. Skc. 5. Whenever any real estate included in one tax-bill is proved to the satisfaction of the comptroller to consist of two or more lots or ])ieces of ground, owned by two or more diffierent persons or parties, he shall cause to be made out, on application, separate bills for the pro})erty of such jiersons, dividing the amount of the original tax-bill in the same proportion as the property is owned by the said })ersons ; and to receive from each of them, respectively, the amount of such separate bills. To collect and keep account of tax-billa. To pay over moneys to treas- urer every Sat- urday. To require per- sons to take out license. To report par- ties doing busi- ness without li- cense. To report to comptroller amounts col- lected. Delivery of tax- bills to be pub- lished. Comptroller may divide tax- bills. 572 REA^ENUE. Collectors to call on parties owing taxes Proceedings, if payment be not made. To report delin- quent taxes. Duty of auditor and comptroller touching delin- quent taxes. To return unpaid tax-bills. .Vuditor to transfer unpaid tax-bills to comptroller. Compensation of collectors. Sec. 0. The collectors of the several wards shall, within three weeks after the first appearance of said notice, call upon each and every person from whom taxes are due, or their authorized agents, and demand payment of same; and in case such payment be not made before the time for returning such Itills to the auditor, they shall make a statement upon every bill unpaid at that time, verified by an oath, setting forth the facts, in each particular case, why said bids could not be collected, whether payment was refused by the persons from whom due or their authorized agents, or if such persons are non-residents and could not be found. Sec. 7. Each collector may, from time to time, report to the cit}^ auditor a list of all taxes, other than those upon real estate, which from any cause cannot be collected. Such list shall be accompanied by a statement of the collector, verified by an affidavit, why such taxes are uncollectable, to the best of his knowledge and belief ; that he has made diligent effort, and has not been able to collect said taxes ; that he does not know of any way in which the same can ])c made, and believes they can not be made if kept in his hands. The city auditor, in connection with the city comptroller, shall examine such lists, and if, in their opinion, proper efforts have been made for the collection of the taxes specified in such lists, they shall endorse thereon their joint certificate to that effect, and the auditor shall credit the collector making such report with the amount of the taxes specified and collected in any such list. Seo. 8. On the first Monday of November in each year the collectors shall make out a complete list, in the numerical order of city l)locks, of all tax-bills for real estate then in their pos- session unpaid, and return such lists and all tax-bills named therein to the auditor, who shall allow each credit in his bDoks for the aggregate amount returned by him. Sec. 9. Upon such return being made, the auditor shall, as soon as he has examined said lists and bills, transfer them to the comptroller, taking his receipt therefor and charging him therewith. Sec. 10 . Each collector shall receive for his services the fol- lowing compensation ; On each sum collected by him from any one person, copartnership, or association, if all the taxes assessed to and to bo collcctod from suoli person, oopartnorsliip, oi- asso- ciation, at any one time do not exceed the sum of* one dollar, twenty-five i)tr cent.; if it exceed two dollars, and be less than live dollars, five per cent.; if it exceed five dollars, and be less than ten dollars, three per cent.; if it exceed ten dollars, and be less than twenty dollars, two per cent.; and if it exceed twenty dollars, one and a (piarter per cent.; Provided however, that when said collectors shall have collected sufficient taxes to entitle them, respectively, to fifteen hundred dollars commission under the provisions of this section, that then, for all further collection of taxes, they shall be entitled to a fee of one-half of one per cent., but no more.* ARTICLE VIII. Delinquent Taxes. Section 1. The mayor and comptroller, and committee on ways and means, are hereby authoi’ized and directed to employ a special tax attorney, on such terms as they may deem reasonal)le, to enforce the collection of all delimpient tax-bills or accounts due to the city, now on file in the office of the city register; and it shall be the duty of said attorney to institute legal proceedings forthwith, in conformity with existing laws, for tlie recovery of such delinquent taxes, in all cases where, in his opinion, suits at law will be availing. Said attorney sliall also, when directed by the comptrollei*, bring suits in the proper courts to obtain possession of such real estate as has been sold for taxes and bought in by the city, ])rovided the time limited ])y ordinance for the redemption of the same has exq)ired. Sec. 2. It sliall lie the duty of the city ix'gister to mahe out and deliver to sai 1 attormyq under the seal of his office, copies of such delimpiont tax-bills or accounts on record in his office as may be required of him for collection under the jirovisions of this ordinance, and to take the receipt of said attorney therefor. The register shall also keep, in a separate book, an account *A11 iift(‘r tlu* words ‘‘but no more,” in section ten of artiele VII of the original ordinance, is repealed by ordinance No. 5489, approved January 17, I8G5. Special tax at- torney to be em- ployed. Duty of special tax attorney. Register to de- liver to tax at- torney copies of deliiKiuent tax- bills. 574 REVENUE. Delinquent tax- bills to be deliv- ered to tax at- torney. ■Rate of interest on delinquent taxes. Assessors to as- sess property not before as- sessed. Rate of interest on certain tax- bills. Liquors not tobe sold without li- cense. Drtini-shop keep- er dell tied. of all bills delivered to said attorney for collection and of all moneys received from him. Sec. 3. All taxes which shall hereafter be returned to the city comptroller as delinquent, shall, on the first day of January, eighteen hundred and sixty-four, and thereafter on the first day of January each and every year, be delivered to the special tax attorney for collection, as provided by an act of the general assembly of the State of Missouri, approved January seventh, eighteen hundred and sixty- three, and entitled An act in rela- tion to the assessment and collection of taxes in the city o.f St. Louis, levied for the purpose of the government thereof.” Sec. 4. All delinquent taxes remaining unpaid after the dates last above mentioned shall bear interest at the rate of one per cent, per month from the time the same were returned to the comptroller as delinquent until the same shall be fully paid; and the parties delinquent shall also pay all costs of any suits that may have been instituted for the collection of such taxes, together with all other lawful charges. Sec. 5. The city assessors shall at once proceed to assess the taxes on all property upon which the assessment of any former year has not been made, and upon which assessments have been made to the wrong party, or in any other erroneous manner ; and all such tax- bills, as soon as made out, shall be delivered to the special tax attorney, and shall be collected in the manner pro- vided for delinquent taxes. All such bills shall bear the same interest as is provided for in this ordinance and the ordinance to which this is supplementary. ARTICLE IX. Taverns^ Dram-Shops^ and Beer- Houses. Section 1. No person or copartnership of persons shall, in this city, directly or indirectly, in person or by another, sell, barter, or deliver, or knowingly permit to be sold, bartered, or delivered, for or on his or their account, any wine or spirituous or fermented liquor, without a license first obtained, according to the provisions of this ordinance, as a dram-shop keejier, tavern keeper, or keeper of a beer-house. Sec. "1. A dram-shop keeper, or tavern keeper, is a ])erson permitted by law, being licensed according to the provisions of REVENUE. 575 this ordinance, to sell intoxicating and i'crnionted li([nors in any quantity less than a (juart, to bo drunk at the place of sale.* Sec. 3. A keeper of a becr-honse is a person permitted by necr-house , , . T T , ...... .. keeper defined. law, being licensed according to the provisions or tins ordinance, to sell fermented liquors in any quantity less than a quart, to be di’iink at the place of sale. Sec. 4. No keeper of a beer-house shall barter or give away Beer-house ^ ^ keeper not to at his beer-house any wine or spirituous liquor, under any pre- tense whatever. Sec. 5 . On payment to the collector of the ward in which the collector to is- ^ r* 1 1*0 licenses for business is proposed to be carried on of the sum hereinafter six months, required, he shall issue a license to the applicant to keep the kind of establishment applied for, for six months from the date of the license, in the tenement designated in the license. Sec. 6. No person or persons so licensed shall, under such Persons licensed ^ ^ to sell only at license, keep a tavern or dram-shop at any other place than the place designated place designated ; Provided ^ that he or they may remove the carrying on of such business, during the continuance of such license, from the tenement designated therein to any other tene- ment in the city. Sec. 7. No license granted under this articlef shall be assign- i licenses not ° ° transferable. able or transferable. Sec. 8. This articlef shall not be construed to apply to the Not to apply to 11 1 ..... 1 . 1 merchants. sale, by a person as a merchant, of intoxicating Inpiors, accord- ing to the provisions of the article regulating merchants’ licenses. Sec. 9. The term ‘‘intoxicating liipiors,” as used in this TerTu ‘^intoxi- articlef, shall lie construed to mean wine and spirituous liipior, dehned.'^*'^'^*'' and any composition of Avhich Avine and spirituous liquor, or either, is a part. Sec. 10. For a license as a tavern kee})er or dram-shop Amount of u- keeper there shall be paid tiventy-five dollars, and for a license to keep a beer-house, ten dollars ; and any such license shall authorize the business therein designated to be carried on at one place only. * The words “to be drunk at tlie place of .sale,” are added by ordi- nance No. 5552, apjiroved March 24, 18G5. f The word “ordinance,” in the .seventh, eighth, and ninth sections of article IX of this ordinance, is changed to “article” by ordinance No. 5489, approved Janiifiry 17, 18G5. REVENUE. Collect ors to re- port amount of licenses granted o*tcll Sec. 11. It shall bo the y the register to such persons applying for the same upon the payment to him of the sum of three hundred dollars, and of the fees rcupiired by ordinance on the issue of licenses to resident traders, for the use of this city ; vdiich license shall be for the term of one ^mar then next ensuing, and no longer. *Tlie words eontaiiied between tlie words “in any year’’ and “shall pay for the remainder,” ete., as contained in tlie original, are repealed by ordinance No. 5489, approved January 27, 18G5. fThe word “ordinance,” in the ori^'inal, is changed to “article” by ordinance No. 5489, api>roved January 27, 18(55. JTbe word “ordinance” in this section, in the original, is clianged to “article” by ordinance No. 5489; and the words “in a less quantity than one quart or” are repealed by ordinance No. 5552, approved March 24, 1805. i Amount of mer- chandise, how ascertained on refusal to make statement. This article not to authorize the sale of liquors to he drank at place of sale. Non-residents to procure license for sale of goods. Amount of li- cense. 584 REVENUE. Residents not to permit non-res- idents to der their cense. Penalty for vio- lating foregoing sections. Sec. 14. That from and after the passage of this ordinance seiiun- 110 person or persons, resident or residents of this State, and of the city of St. Louis, and licensed to sell therein, shall suffer or permit any person or persons not a permanent resident or residents of this State, and of the said city, and not in his or their regular service or employ, to sell any goods, wares, or merchandise, by sample, card, or other specimen, or b}" written, printed, or trade lists, under his or their ffrm or copartnership, or at the store, counting-room, or warehouse, in his or their occupation, or used at his or their place of business. Sec. 15. That any person or persons offending against the provisions of the foregoing two sections, upon convictio-n before the recorder, shall be adjudged to pay a sum of not less than twenty-five nor more than five hundred dollars for each and every offense ; one- fourth of which sum shall, when collected by the marshal, be paid to the informer, and the informer shall be a competent witness. ARTICLE XIV Licenses for Sundry Avocations. Licenses to be Section 1 . It shall not be lawful for any person to exercise tain avocations. within the city the business of a peddler, hawker, merchandise, real-estate, or money broker,* or keep a l)illiard-table, nine or ten pin alley, shuffle- board, bagatelle- table, or ordinary ; or to own, conduct, or manage for gain, a theater, or other exhibition, show, or amusement, without a license therefor. Who declared to Sec. 2. Wlioevor is declared by the laws of the State of be peddler, -»/r- • ^ i i money broker. Missouri to be a peddler or money broker shall be so considered under this ordinance. Sec. 3. A merchandise broker is one who, for commission or other compensation, is engaged in the selling, or who negotiates sales, of goods, wares, or merchandise belonging to others. Sec. 4. A real-estate broker is one who, for commission or other compensation, is engaged in the selling, or who negotiates sales, of real estate lielonging to others. Merchandise broker. Real-estate bro- ker ^'riie words “money or pawn broker, ’ ’ in the ori^nnal, are ehanyc'd to or money broker, ” by ordinance No. 5d8t), approved .January 27, 18(55. REVENUE. r>Hr) Sec. 5.* (Repealed.) Sec. G. a kee})cr of a billiard-taGlc is one wlio possesses or keeps, or lias the control or management of, a billiard-table whereon others are permitted to play, and for the use of which, or privilege of playing thereon, or for the hire thereof, any money or its eipiivalent, or any check or counter in lieu of money, shall be paid or received therefor; and all billiard-tables within Bcnard tables the city shall be held and taken to be so kept, and to come within the meaning and province of this ordinance, except such as maybe kept within dwelling-houses for the owners’ recreation, and not for the purpose of letting the same to others to play thereon for money, or anything representing or in lieu of money, or for wagers or bets ; and there shall be levied and collected on every license to keep a billiard- table, kept for hire as aforesaid, the sum of ten dollars for each table ; and each table shall be numbered, and the license for each table taken and paid for one year in advance. Wlioever shall violate, or negdect I’^naity for vio- ^ .... lifting this sec- or refuse to conform to and observe, tlie provisions of this sec- tion, shall be liable and subject to pay a fine of not less tlian fifty dollars nor more than tliree hundred dollars (for each and every table that such person neglects or refuses to take out a license for), to be sued for and recovered as in other cases of breaches of city ordinances. Sec. 7. A keeper of a nine or ten })in alley is one who owns, Keppor of nim- possesses, or keeps such alley (without regard to the number of ays.^" ^ pins used), on which persons are permitted to play; but this shall not include such alley's as are constructed by associations of individuals and ke})t by them exclusively for their own private recreation ; and for license to keep a idne oi* ten pin alley there Amount of ii- shall be levied and collected, semi-annually, the sum oh ten dollars in advance, on each alley. Sec. 8. A kee[)er of a shuflle-board or bagatelle-table is one Kpopor of shuf- who owns, possesses, or keeps such a board or table at which per- ateue'ub^e/’'^*’' sons are permitted to play. Sec. 9. A keeper of an ordinaiy is one Avho sells or offers for Keeper of orui sale in any house, cellar, booth, shed, or stand, any article of *Tli(; fifth section of tliis article*, in tlic original ordinance, is repealed by ordinance No. 5489, api)roved January 27, 1895. 586 REVENUE. Amount of li- cense to be col- lected. For peddlers. Merchandise or real-estate bro- ker. Money broker. Shuftle-board or bagatelle. Ordinary. - Circus, eques- trian exhibi- tion, concert, etc. Licenses, how long to continue in force. Licenses subject to ordinances. meat, fruit, or other food, to be used or eaten or consumed in or at the place of sale. Sec. 10. There shall be levied and collected on every license granted for any business or object hereinafter specified, as follows : First — Upon a peddler’s license, fifteen dollars. Second — Upon a merchandise or real- estate broker’s license, fifty dollars. * Third — Upon a monev broker’s license, one hundred and twenty-five dollars. , Fourth — Upon a license to keep a shuffle-board or bagatelle- table, fifteen dollars. Fifth — Upon a license to keep an ordinary, fifteen dollars. Sixth — Upon a license for an exhibition of a circus or eques- trian exhibition, musical party or concert, exhibition of rope or wire dancing, puppets, wax figures, painting, statuary, tricks of legerdemain, pugilism., menagerie, or any other exhibition, show, or amusement, within the meaning of this ordinance, twenty-five dollars : Provided^ that for musical concerts or parties, and the exhibition of painting or statuary, given or made by the citizens of this city, and thespian performances for benevolent or charita- ble purposes, no license shall be required; and j)roidded also^ that for any exhibition coming within the purview of this section, which shall be continued for a season of more than one month, and not exceeding six months, the sum of seventy-five dollars shall be charged; and all theatrical exhibitions, not hereinbefore excepted, shall be licensed at the rate of one hundred dollars per annum ; but no license shall be granted for any theatrical exhibi- tion for a shorter period than one month. Sec. 11. Licenses granted under this article shall continue in force as follows : First — For a theatrical or other exhibition, show, or amuse- ment, hereinbefore specified, one month. Second. — For a peddler, three months. Third — For all other objects or purposes, six months. Sec. 12. All licenses issued in pursuance ot‘ the foregoing * Tlie words “upon a pawnbroker’s license, one hniidn'd dollars,” are struck out by ordinance No. 5181), api)roved January 27, 18()5. KEVKNUE. r>8T provisions shall be subject to the ordinances of the city, existing Avben tbej are issued, or subsecpiently passed. Skc. 18. All licenses shall be issued in blank bv the register, i^icpnses, iiow under the seal of the city, and signed by the mayor, and shall be, as near as may be, in the following form ; City of St. Louis, . /, , Mayor of the City of St. Louis, to all who shall see these Form of lieeus- presents, greeting: Know ye that, whereas, , on tlie clay of , in the year of our Lord , paid to tlie sum of dollars, being the tax imposed on as , and otherwise complied with the requisitions of the city ordinances, in this behalf; therefore, the said is hereby aiitiiorized and empowered to for the term of months from . In testimony whereof, I have hereunto set my hand, and caused tlie [l. s.] seal of the city to be allixed, at the city hall in said city, this day, of , A. D. . , Mayor. Attest: Register. And when any license shall be issued, the officer issuing the same shall, underneath said license, add the following, which he shall sign : Granted, this day of , A. D. . Sec. 14. No license granted by this city, except water, cart. Licenses not 1 T 1 11 1 • 11 e 1 1 transferable, ex- wagon, or dray licenses, shall be assignable or transterable ; cept certain. nor shall any such license authorize any person to do business or act under it but the person named therein, nor at more than one place ; and no assignment or transfer of any license shall Transfer ot cer- be valid, or give any right or permission to the assignee or hiw transferee to act thereunder, unless such assignment or transfer shall be approved and countersigned by the city register, or, if a water license, by the register of water-rates; .and it shall be the duty of those officers to keo]) a registry of all assignments or transfers of licenses approved and countersigned by them, respectively. Sec. 15. Whoever shall violate, or neglect or refuse to con- Peuauy. form to or observe, the preceding provisions of this ordinance, and any or either of them, shall be liable and subject to pay a fine of not less than ten dollars nor exceeding three hundred dollars, to be sued for and recovered as in other breach of city ordinances. 588 REVENUE. Tax on foreign insurance com- panies Penalty for re- fusing to pay tax. Arms, etc., ex- empt from tax. Who declared a hawker. Ijicense of hawk- ers. Hawkers to car- ry license with them. Regulations con- cerning hawk- ers. Hawkers with- out license to be arrested. Sec. 16. The collectors of the several v/’ards shall collect of all foreign insurance companies doing business in the city hy agency the tax authorized hy an act of the general assembly of this State, approved February 27, 1857, entitled “An act amendatoiy of an act entitled ^ an act to license and regulate agencies of foreign insurance companies, approved December 8, 1855,’” one hundred dollars annually, in advance; and any agent failing or refusing to pay said tax, when called upon by the collector for the same, shall forfeit and pay to the city as a fine therefor the sum of two hundred dollars, to be recovered as other fines are by the city. Sec. 17. Arms and accoutrements kept for military duty, necessary wearing apparel, cooking utensils, beds, bedding, and the necessaiT provisions for* a family, shall not be subject to taxation. Sec. 18. A hawker is one who sells or offers for sale in any wagon, vehicle, or other conveyance, drawn by hand or otherwise, in streets, alleys, or other thoroughfares or public places, by outcry, or by going from place to place in the city, any fruit, vegetable, ice-cream, or other article of food: Provided^ that tins section may not apply to any person who may have raised said articles from his own soil. Sec. 19. There shall be levied and collected of every person following the business of a hawker the sum of ten dollars, the payment of which will entitle such hawker to a license for the period of six months ; and such hawker shall carry such license with him, and exhibit the same whenever ]-e(|uired by any street inspector, day-guard, or other officer authorized under the ordi- nances to make arrests. Sec. 20. No hawker shall lie permitted to carry the articles offered by him for sale in any Avagon, vehicle, or other convey- ance, drawn by hand or otherwise, unless the said Avagon, vehicle, or conveyance be of one uniform dark color ; nor shall he be permitted to affix to or have on or about said Avagon, vehicle, or conveyance, any flags, riblions, poles, or other thing calculated in any manner to scare or frighten horses, mules, or oxen, in the sti’eets or other places Avithin the city. Sec. 21. It is hereby made the duty of the city marshal, street inspectoi's, and members of the day and night gunrds, to arrest SCALES AND WEIGHERS. 589 any person 'whom they sliall find exercising tlie ])usiness of a hawker 'without a license, or in violation of the next preceding section. Sec. 22. Any person found guilty, on trial before the Penalty, recorder, of violating any of the provisions of the* nineteenth, twentieth, and twenty-first sections of this article, shall be fined in a sum not less than ten nor more than one hundred dollars. This ordinance, having been returned by the mayor with his objections thereto, and, after reconsideration, having passed the common council by a vote of two- thirds of all the members elected to the council, as provided and required by the city charter, has become a law this sixth day of September, A. D. one thousand eight hundred and sixty-four. ( No. 5438. ) SCALES AND WEIGHERS, AN ORDINANCE IN RELATION TO SCALES. WEIGHERS. AND THE WEIGH- ING AND MEASURING OF HAY, Auditor^ wei others of hay and stone-coal to settle with. when II, ^ 11 Blank certificates, register to fur- nish to wc'ighers 1, 5; IV, 10 weigliers of hay and stone- coal to receipt for 11, 12 Bond of city weighers Ill, 2 Breach of bond of weighers, what deemed to he II, 2 how proceeded upon II, 2 ollice of weiglier to cease on second couvicliou foi- II, 4 Bushel of stone-coal, liow com- puted II, 13 Center-market scales, located...!, 4 Certificate of measurement of fire- wood. what to contain... IV , 2 not to he given, when IV , 4 SIONE-COAL, AND FIREWOOD. Certificate of measurement of fire- wood, to he delivt'red to purchaser IV, | 0 chaiigiug or altering, jieual- ty IV, 0 Certificate of weight ofJtay or stone- coal, what, to contain II, 5 not to ])(», delivered, when... 1 1, t) not to he valid, when II, 10 otfering coal or hay under, issued hy ceilain ])arties II, 10 issuing from forfeited scales II, II falsifying or changing II, 15 issuing at u n a u t li o r i / e d scales II. 19 Certificates, oWy weigliers to give, what Ill, 2 Charcoal, to he sold by bushel II , 22 measui'(!s of, to be inspected 1 1 , 22 * The words “nineteenth, twentieth, and twenty-first sections of” are added, and the word “ordinance!” changed to “article,” by ordinance No. .5489, approved . I annary 27, 1805. SCALES AND WEIGHERS. Charcoal, selling in measures, not inspected , penalty. . . II , ^ 23 Citizens, authorized to ascertain weight ofhay or stone-coal 11, 8 may arrest tlriver of hay or coal team, when .".II, 8 City -market scales, located I, 3 City weighers, provisions con- cerning III. how license for, may be ob- tained Ill, 1 duties and powers of. Ill, 2 exercising office of, without license.. Ill, 3 Coal-yards , regulations concern- ing II, 24 Cord of firewood, how much to contain IV, 8 Deputies, city weighers not to employ." Ill, 3 Di leers of hay or coal teams, weighers not to treat II, 17 Falsifying certificate of loeight II, 15 Fees of city vieighers, city weigli- ers to" report Ill, 2 regulated Ill, G Fees of inspectors of weights and measures , for testing scales II, 8 for inspecting charcoal bas- kets II, 22 how paid II, 8 Fees of weighers of hay and stone- coal II, 9 for measuring lire-wood...IV, 7 Fireioood, provisions concern- ing measurement of IV. what vehicles to be brouglit in IV. 1 to be measured before sell- ing IV, 3 how to be measured IV, 2 not to be diminished after re- ceiving certilicate •••IV, 5 cord of, what to measure..! V, 8 committing fraud in selling. pemdty IV, 9 delivering less than certified, penalty IV, 12 llay, sel ling without b e i n g weighed, penalty II, 5, 14 bringingin wagon notstamped with weight II, 0 vehicles bringing, when to be weighed II, 7 Informer, to receive one -half certain fines II. 3, 5 — II, 14—19, 23; IV, 12. Inspector of weights and yneasures, f(;e.s of for testing scales II, 8 to Inspect charcoal meas- ures 11, 22 fee. ol‘, for inspecting imais- ures II, 22 Interfering with weigher in dis- charge ot his duties II, \ 20 License of city weighers, how ob- tained Ill, 1 amount to be paid for Ill, 1 not granted to certain jier- sons Ill, 4 to be forfeited, when Ill, 4 Marshal (city), to sell hay, coal, and vehicle, when II, 8 Mayor, to appoint weighers ot hay and stone-coal II, 1 North-levee scales , located I, 1 Office, city weighers to keep III, 2 Orders for weighing, city weigh- ers to keep book for Ill, 8 city weighers failing to till, penalty Ill, 8 Owners of public scales, to file certain statement II, 11 Penalties for certain offenses II, 2. 3, 5 — 11, 14 — 19, 20, 23; III, 3, 8; IV, 9, 12. Police, to ascertain weight of hay and stone-coal II, 8 to arrest drivers ofhay or coal team, when II, 8 Public scales, provisions con- cerning II. owners of, or stockholders in, to tile statement II, 11 Recorder, to try breach of bond of weighers 11, 2 apjieal from, when to be taken in certain cases II, 8 Register (city), to furnish printed blanks to weighers I, 5; IV, 10 to issue licenses to citv weigh- ers ." Ill, 1 citv weighers to report to, when.." Ill, 2 Register of weighing done, city weighers to keep Ill", 2 of weighing, to be open to public Ill, 7 Salaries of weighers at city scales I, 5 »S'co/e.5, public {see 'public scales'). Scales, of weighers of hay and stone-coal, to be tested, when II, 21 city weighers to provide... Ill, 2 city weighers to have tested, when Ill, 5 Selling jiart of load , certified 1 1 , 15 umier false certilicate 1 1 , IG under certificate of unauthor- iz(Hl scale 11, 18 South-levee scales, located I, 2 Stockholders in scales not to buy or s(4l (‘ertaiii artichL*^ II, 3 to lile c(n-tahi stati'iiuMit IT, 11 Stone-coal, siGIing without Ix'ing weighed, ])enalty 11, 5, 14 SCALES AND WEIGHERS. m stone-coal^ bnii<*-in^* in voliiclos not stain])(Hl with weight 11 , ^ G vehicles hrin^lno', to wei^iied, when II, 7 how ninch to be computed a bushel II, 13 Tickets, reo-ister to f u r n i s h W('is’hers with I, 5; IV, 10 Treat mg drivers of liay or coal teams ..II, 17 Weighers at city scales, register to furnish blanks to I, 5 salaries of. I, 5 Weighers of hay and stone-coal , provisions concerning II . how appointed II. 1 breacli of bond of, w h a t deemed 1 1,- 2 Weighers of hay and stone-coal, otiice of to cease on second breacli of bond of. II, \ 4 fees of, for weighing and marking II, 9 duties of IV, 8; II, 12 interfering with, penalty... II, 20 to have scales tested, when II , 21 fees of for measuring tire- wo(xl IV, 7 Weighing by city weighers, fees for : : Ill, 6 by weighers of bay and stone- coal *. II, 9 Wood, weighers of hay and stone- coal to ineasure II, 12; IV, 2 Wood-yards , provisions concern- ing : IV, 11 Be it ordained hy the Common Council of the City of St. Lo uis . A 11 T I C I. E I . Public Scales. Section 1. The [public] scales on tlie levee between Carr and Biddle streets, by authority ot^ ordinance entitled ‘‘An ordinance to erect public scales on the levee between Carr and Biddle streets,” approved July 31, 1858, together witli the office build- ing connected tliereivitli, are berelty established and continued as public scales, under the name of “North Levee Scales.” Sec. 2. The scales erected on tlie southern ])art of the levee, near the present landing of the Wiggins’ ferry company, erected by authority of ordinance entitled “An ordinance providing for the erection of hay and coal scales on the south levee, near the ferry landing,” approved INIarch 20, 1858, together with the office l)uilding for the weigher, are herel)y esta])lished and con- tinued as public scales, under the name of “South J^evee Scales.” Sec. 8 . The scales at the point north of the City market, l)etween Broadway and Fifth street, are hereby established and continued under the name of “City-market Scales,” subject to the provisions of eharter and ordinances in relation to public weighing scales. Sec. 4. The scales erected at the southeast corner of Eighth and Spruce streets, by authority of an ordinance entitled “An ordinance for establishing public scales at or near the corner of Eighth and Spruce streets,” approved December 11, 18G3, North-levee scales. South-levee scales. City-market scales. Center-uiarket scales. SCALES AND WEIGIIEllS. 59*2 together with the office hiiildiiig connected therewith, are hereby established and continued as public scales. Register to fur- Sec. 5. The citv register shall furnish the weighers at all the nish tickets to tit ... , . , . , . , , weighers.; scales belonging to the city, niontlily, with printed tickets ; and charge the same as cash to each weigher, to be accounted for at his monthly settlements. The salary of all weighers in the city service shall be four hundred dollars per annum, payable monthly, except [that of] the weigher of the City-market Scales, which shall be six hundred and sixty dollars.* Private scales to 0^ ;^o public scales belonging to private persons or as city. compaiiies shall charge a greater fee for weighing than that allowed in the third article of this ordinance, t nor shall they charge a less fee than city scales charge, nor deliver tickets without payment therefor at the time of delivery, upon penalty of the loss ot* privilege conferred by ordinance, and the abolish- ing of the defaulting scales. ARTICLE II. JVeig/ie7's of Hay and Stone-Coal. Weighers to .appointed. Breaches of weighers’ bond Section 1. There shall be appointed, on or before the first Monday in June, in each year, by the mayor, with the advice and consent ot the board of common council, a weigher of hay and stone-coal for each public scale now authorized or which may hereafter be erected or authorized by the city. Sec. 2. The following, among others, shall be deemed a breach or breaches of the official l>ond ot a city weigher : Ji'irst — It the scales and weights under the control of any such weigher shall be at any time so much out ot order as to weigh one hundred pounds more or less than the standard weight, and he shall continue to weigh therewith, and issue and charge for certificates of such weighing, without giving notice to the city inspector of weights and measures of the inaccuracy ot liis scales and weights, and ceasing all weighing thereon until the same be tested and adjusted by the said inspector, at whose office notice * Ordinance No. 5484, approved January 24, 1805, fixes (lie salary of weighers at the north and south levee scales at $900 each. fThc word ‘‘section,” in the original ordinance, is changed to “article,” and the word “article,” in the oi-iginal, is changed to “ordinance,” by ordinance No. 5404, approved December 1804. SCALES ANT) WEIGHERS. rm in writing ot‘ the error in sucli scales and weights shall he left within fortj-eiglit hours after the error in the same is found to exist. Second — If any such weigher shall, through intent, issue any certificate of Aveighing Avhich shall contain of gross or tare or net Aveight one hundred pounds more or less than the true gross or tare or net Aveight of the article AA cighed ; or if any A\migher shall deduct as tare the number of pounds marked on any Avagon or other vehicle, Avithout himself or other such laAvful AAmigher having first Aveighed such Avagon or other veliicle and marked or stamped on it the true Aveight thereof and the number of the Avagon, together Avith his name and the initials of the scales of AAdiich he is Aveigher and the date of the weighing thereof ; or if any such Aveigher shall mark or stamp, as last aforesaid, any AA'agon or other vehicle for a Aveight Avliich is ten pounds more than the true standard Aveight thereof, at the time of such marking or stamping, with intent to defraud; or if any such Aveigher shall fail to demand of and charge every person pre- senting hay, stone-coal, or anything to be Aveiglicd, the sum prescribed by ordinance to be paid therefor, no more, no less, before delivering the certificate of tlie Aveight thereof ; or if any such Aveigher shall fail to keep a book or books, and enter therein daily, item by item, in legible hamlAvriting, every load of hay or stone-coal, and every other load or thing Aveighed, designating its kind, the gross, tare, and net Aveight thereof, the OAvner and driver thereof, and the true amount of fees charged and received there- for ; or if he shall fail or refuse at anytime to permit all the books and papers belonging to his office to he examined by the mayor, comptroller, or any member of the common council, and to furnish them copies or extracts of any part thereof ; or if any Aveigher of hay or stone-coal, or any of his deputies, shall, directly or indirectly, in person or by another, be engaged in the buying or selling of hay or stone-coal, or other article to be weighed, except so much as may be necessary for his private family use — in every such case, among others, a breach of such bond shall be deemed in laAV to be made ; upon complaint Avhereof , in AATiting, specifying the breach made, before the recorder of the city, it shall be the duty of the recorder to hear and entertain the same, as other misdemeanors, according to ordinance, and, in 38 594 SCALES AND WEIGHERS. Stockholders not to buy or sell hay or stone-coal. Penalty for breach of bond. Bringing hay or coal into city without being weighed. Penalty. Wagon not stamped, pen- alty. case of conviction, adjudge a penalty of not less than fifty dollars nor more than one hundred dollars for every such breach against such weigher, to he collected as provided in section three of this ordinance [article]. Sec. 3. No person pecuniarily interested as stockholder in scales whereat public weighing is done, as aforesaid, in the city and county of St. Louis, shall, directly or indirectly, in person or by another, be engaged in the buving or selling of hay, stone- coal, or other article subject to be weighed, except so far as may be necessary for his own private family use, under a penalty of one hundred dollars for every violation of this section, to be recovered before the recorder ; and, upon conviction, the one-half of the fine to be paid to the complainant and the other into the city treasury. Sec. 4. Any weigher who shall be convicted twice before the recorder of a breach of his bond, shall, by virtue of his con- viction, cease to be a weigher from and after the day on v/iiich said second conviction is had. Sec. 5. Any person who brings or sends into the city of St. Louis, for sale, any hay or stone-coal, in any wagon or other vehicle, and actually sells, or offers the same for sale, without first having had the same, and tlie wagon or other vehicle containing the same, duly and legally weiglied at some scale within the city limits,* and procuring a certificate of the weight thereof on the day or the day previous to wliicli the same is sold or offered for sale, which certificate shall contain the gross, tare, and net weight of the article contained in said load, as also the true fee paid the weigher therefor, and tlie weigher’s name printed or written thereon, shall bo deemed guilty of a misde- meanor ; upon conviction whereof, before the recorder, he shall 1)0 fined not less than fifty dollars nor more than one liundred dollars, payable as aforesaid, in section three, to the complainant and the city treasury. Sec. 0. Any person who l)rings or sends into the (dty of Sc. Ti.mis any hay or stone-coal, in any wagon or otlier vehicle which has not marked or stamped thei-(H)n, in plain and legible' 'Flic words “at some scale within the city limits” are added hy ordinance No. 5404, ai)i)roved December 5, I8(;4. SCALES AND WEOJIIERS. r>95 cliuractcrs, the weight tliei’eof, l)y a Aveigliev legally authorized tliereto in the maiiiier mentioned in the second subdivision of the third section hereof, or whose wagon or other vehicle weighs ten pounds more than the weight marked or stamped thereon as aforesaid, shall be deemed guilty of a misdemeanor, and, upon conviction, fined as in the last section mentioned, payable as therein stated. Sec, 7. It shall be the duty of all owners of wagons or other vehicles that may be employed in bringing hay or stone-coal to this city to have their wagons or other vehicles weighed at least every three months, and no public weigher shall issue his certifi- cate for any wagon or other vehicle upon which the date of its being weighed is longer preceding than three months. It shall also be the duty of any owner of any wagon or other vehicle to liave the same re-weighed immediately after said 'wagon or other vehicle having been repaired ; and no owner or driver of any wagon or other vehicle shall alter or change any part of said wagon oi‘ other vehicle after the same shall have l)een weighed, unless the said wagon or other vehicle shall be immediately re-weighed ))efore being used. Any person violating this sec- tion, upon conviction before the recorder shall be fined as pro- vided in section three of this oi’dinance [article]. Sec. 8. It shall be tlie duty of any police odicer of the city of St. Louis, as well as the i*ight of any other citizen, to demand of the driver of any such wagon or other vehicle to produce his certificate of weighing, and, if he deems it necessary, to order him to drive his wagon 'or other vehicle, with its contents, to any one of the city scales and have the same weighed thereon ; but no weigher shall receive any compensation for weighing such wagon or other vehicle; and, if the gross or net weight be found less by fifty pounds, or tai-e greater by ten pounds,* than what the weigher’s certificate in the hands of the driver calls for, to arrest such driver, and also his Avagon or other vehicle, and the load therein, and enter a Avritten com-plaint against him fortliAvith before the recorder; u])on conviction Avhereof the said driver shall be fined the sum of one hundred dollars and costs, Avhich, if *The words “greater l)y one hundred,” in tlie original ordinance, are elianged to “less by fifty,” and the Avord “less” is changed to “greater,” by ordinance No. 5404, approved December 3, 1804. Wagons to be weighed, how often. Penalty. Duty nf police ofUcers to arrest certain otfend- ers . Penally lor false (“ertillcat(*s. 596 SCALES AND WEIGHERS. not paid forthwith, the said wagon or other vehicle, with tlie contents, shall be sold by the city niarshal in three days after infornipr to re- judgment is rendered by the recorder ; and the fine, Avhen col- ceive compensa- i i i tion. lected, shall be paid one-half to the complainant and the other to totest the city I Provided^ that the inspector of weights and measures shall forthwith, upon such arrest, inspect and test the scales whereat the certificate was granted, and also those whereat the second weighing was had, and that both are by him found accu- rate ; for which duty the inspector shall, upon conviction of the Fe^es for inspect- driver, be entitled to a fee of five dollars, to be paid by the complainant and the city equally, upon the receipt by them of Penalty for re- tlio amount of sucli fine : and provided also, in case of refusal fusing to sub- mit to test. by such driver to produce his certificate, or obey the police officer or other citizen to drive his wagon or other vehicle, with its contents, to one of the city scales for the purpose of being re-weighed as aforesaid, such driver shall be deemed guilty of a misdemeanor, and his wagon or other vehicle, and contents, shall be arrested, and he be complained of and convicted as if his wagon or other vehicle were found to vary in weight from his certificate as aforesaid: and provided a/so, that if the sale of the wagon or other vehicle, and its contents, shall not produce the amount of fine and cost, such driver, if the owner, shall be liable as other defendants found guilty of misdemeanors, and convicted and fined in the recorder’s [police] court ; if not the owner, then the owner to be liable as above ; the right of appeal, how- ever, existing in all cases as now by ordinance provided, except that the appeal must be taken within three days from the day of the judgment. Weigher’s fees. Sec. 9. Eacli weiglier shall be entitled to demand and receive from the person having weighing done a fee at the following rate, viz: For weighing and marking each empty wagon or other vehicle, as provided in section two of this ordinance [article], and registering the same and the number thereof on the registry in the weigher’s office, twenty-five cents ; for each and every load weighed, a uniform rate of twenty cents ; for each animal weighed separately, five cents. Any weigher in the city or county of St. Louis who shall charge more or less than the fees allowed by this section for weighing any article shall be fined not less than fifty dollars nor more than one hundred dollars, to SCALES AND WEIGHERS. 597 be collected and paid as provided in section three of this ordi- nance [article]. No Aveigher shall deliver liis certificate of weighing until the fee, according to the tariff, is first paid. Skc. 10. No certificate of weighing issued from the office of any hay or coal scales in the city or county of Sf. Louis, in which any coal proprietor, miner, lessee, hauler, retailer, or other })erson whatsoever interested, directly or indirectly, by himself or others, in the sale of coal, shall have stock or ownership, shall he good and valid in the city of St. Louis ; but the person offering coal for sale with such certificate shall be fined not less than fifty dollars nor more than one hundred dollars, as provided in section three of this ordinance [article] . Sec. 11. Every person whosoever, interested as stockholder or owner, in whole or in part, in any public scales in the city or county of St. Louis, shall, within twenty days after the approval of this ordinance, file with the register of the city a written statement, verified by his affidavit, of his cpiantity or amount of stock or ownership in such scales ; whether he deals in the buying and selling of hay or stone-coal, or is interested in any way, directly or indirectly, in such buying or selling, except for his own private family use; and, in case of failure or refusal to comply with the provisions of this section, such scales shall be deemed to liave forfeited the authority granted them, and the powers under whicli they act be absolutely revoked, and all weighing done thereat thereafter illegal ; and every person issuing certificates of weighing, or offering hay or stone-coal for sale, with certificate from the forfeited scales or the weigher thereof, shall be lined as in the preceding section provided. Sec. 12. It shall be the duty of every weigher appointed under this ordinance; First — To attend at the office of the public scales for which he is a])p()inted from sunrise to sunset of every day ( Sunday excepted ), and to weigh every load of hay, stoTie-coal, or other thing which may be presented to be weighed, and to give the person presenting the same a certificate of gross, tare, and net weight thereof. Second — To enter in suitable books, in tabular form, every load of hay, stone-coal, or other thing weighed, designating the kind and Aveight thereof, and for A\diom weighed. Cerrain certifi- cates invalid. Stockholders in scales to make statement. Penalty. Duties of weigh- ers . 598 SCALES AND WEIGHERS. BusLel of stone- coal tixed. Coal or hay not weiKlied at legal scales, not to be ■sold. Penalty. Selling part of load certified. Penalty. Selling under false certificate. Penally. Liquors at scales prohibited. Third — To receive and receipt to tlie register for all blank certificates wliicli he may use or obtain. Fourth — To settle with the auditor, on the last Saturday of each month, for all blank certificates and all moneys received by him, and pay into the city treasury all such money received by him as w'eigher. Fifth — To perform such duties in the measurement of wood and otherwdse as may be recpiired of him by ordinance. Sec. 13. In w^eighing stone-coal the ^veigher shall compute eighty pounds avoirdupois to be a bushel, after making a suitable deduction for slate and other foreign substances therein contained. * Sec. 14. No person shall buy or sell, or ofler to sell, any hay or stone-coal in this city until the same shall have been w^eighed by one of the regularly-appointed weighers of the city, or by a W’eigher of' one of the scales within this county, legally author- ized, and a certificate of the W’eight thereof given, as herein required, under a penalty of fifty dollars for each load bought, sold, or offered for sale, to be collected and paid as provided in section three. Sec. 15. Any person wdio shall have had any ailicle w’eighed as aforesaid, and received a certificate of' the weight thereof, wdio shall sell a part thereof, and afterwards sell or offer to sell the remainder as for the quantity called for in his certificate, or shall change, alter, or in any manner falsify the certificate of the W’eigher, or shall suffer any of these things to be done, shall, upon conviction, forfeit and pay not less than fitly dollars, to be collected and })aid as provided in section three. Sec. 16. It any retailer or other person sell or offer to sell a load ot hay or stone-coal in the city, under jiretense ot a weigher’s certificate, obtained under and liy virtue of the weight of another and a different load from the one he sells or offers for sale, he shall pay a fine of not less than one hundred dollars, as provided in section three. Sec. 17. Any w'cigher avIio keeps spirituous or other litpiors of any kind in his office for the purpose ot treating the drivers ot hay or coal teams, during the hours ot weighing, or who treats them, or any ot them, directly or indirectly, tor the puipose ot procuring w’cighing to be done at his scales, shall b(‘ lined fitty dol- lars tor every such ofiense, jiayafilc as provided in section three. Penalty. SCALES AND WETCllEllS. rm Sec. 18. Any person oflering for sale in the city of St. Louis any load of hay or stone-coal which has been weighed at scales not authorized to do public weighing by the ordinances of the city of St. Louis, or by the laws of the State of Missouri, or at .scales which have been declared illegal by the laws of the State of Missouri, and who shall sell or offer to sell such load of hay or stone-coal under and by virtue of a certificate of Aveight issued by a Aveigher of such unauthorized or illegal scales, shall be deemed guilty of a misdemeanor, and shall be fined not less than fifty dollars nor more than one hundred dollars for the first offense, and for every subserpient offense the sum of one hundred dol- lars, to bo recovered before the recorder, as })rovided in section three. Sej. 19. Any person acting as Aveigher and issuing certificates of Aveighing at scales not authorized by the ordinances of the city of St. JjOiiis or by the laAV of the State of Missouri [or at scales v»^hich have been declared illegal by the laAV of the State of Missouri], shall be deemed guilty of a misdemeanor, and shall 1)0 fined the sum of one hundred dollars for every such offense of Aveighing and issuing a certificate therefor, to be recovered as provided in section three. Sec. 29. Any person avIio interferes Avith public scales or the Aveigher thereof Avhilst in the discharge of his duty, by demand- ing or exacting more Avcight of and for the article Aveighed than Avliat ho dechires it to be, or l)y threatening oi‘ menacing him, or by using harsh or abusive language to him Avhilst in the discharge of his duty, or avIio shall cause any noise or disturbance in or about the office of such scales, or who shall inteid'ere Avitli any person or persons Avho are about to have Aveighing done or Avho have already done Aveighing at any public scales, by menacing or othcrAvise abusing them therefor, or by using unseendy, [)rofane, obscene, or offensive langunge towards them, shall be deemed guilty of a misdemeanor, and be fined one hundred dollars for each and every such offense, to be ix'covered as })rovided in section three. Sec. 21. Each Aveigher shall cause the accuracy of the scales under his charge to be tested by the inspector of Aveights and measures at least tAvice in each year, and at all times Avhenever he may have reason to believe them inaccurate; and all repairs of Selling hay or coal not weighed at legal scales. Penalty. Acting as weigh- er when not au- thorized. Penalty. Interfering with weighers. Penalty. Scales to be tested. 600 SCALES AND WEIGHERS. same sliall be made by said inspector ; but no repairs involving an expenditure sliall be made without the approbation of tlie mayor. Charcoal, how Sec. 22. All cliarcoal broimiit into this city and offered for sale sliall be measured by tlie busliel, and all baskets or other Measures to be vessels ill wliicli Said cliarcoal is measured shall be inspected by the inspector of weights and measures, and by him stamped or Fees for inspect- marked to be coiTect; and said inspector shall be entitled to a fee of fifteen cents for each basket or other vessel so inspected by him. Penalty for sell- Sec. 23. Aliy persoii wlio sells or offers for sale any charcoal ing charcoal in , . . . i i i i i nnstaniped ill tliis City, wliosc basket 01’ otiioi’ vcssol With wliicli lie measures the same shall not have been first tested as provided in the preceding section, shall be fined not less than five dollars nor more than ten dollars for every such offense committed, to be collected and paid as provided in section three of this article. Regulations for Sec. 24. Every person keeping a coal-yard, or vending coal coal-yards. , , 1° .. . ill the city of St. Louis in small quantities, shall keep suitable ' scales for weighing the same, and shall weigh all the coal sold by him, and deliver to the purchaser thereof a ticket setting forth the weight and number of bushels so sold: Provided^ however^ tliat no charge shall be made for weighing a less ([uantity than twenty bushels ; and any person delivering a less quantity than so set forth in said ticket shall lie deemed guilty Penalty. of a iiiisdemeanoi*, and, upon conviction thereof, shall be pun- ished by a fine of not less than ten nor more than one hundred dollars, to be recovered as prescribed by the ordinances of the city. A E T I C I. E III. City We c rs . Licenses for Section 1. The register is hereby authorized and directed to issued. ’ issue a license to exercise the office of city weigher for the term of one year to any person who shall ajiply for the same : Pro- vided^ such person shall pay into the city treasury the sum of fifty dollars for such license. Duties of weigh- Sec. 2. Each weiglier shall keep an office in that })art of the city lying east of Second street, and shall siqiply lilmself with suitable scales, tested and apjiroved by the inspector of weights and measures, and shall, before entering on the duties of bis office, give bond to the city in the })enal sum of two ihousaml SCALES AND WEIGHERS. GOl dollars, witli one or more securities, to be apjU’oved bj the mayor, coiulitioued for the faitliful performance of tlie duties of the office of weigher, and to indemnify all persons against any fraud, collusion, or error on Ids part; and lie shall, when requested, weigh any article of commerce, and deliver to the applicant a certificate which shall state the marks and numfiers of the pack- ages weighed, the number of such packages constituting each draught, and the w^eight of such draught, separately ; also, the total weight of each lot of merchandise which is distinguished by a separate mark, and shall report the fees for weighing the same, and shall keep a register in a suitable book of all the arti- cles weighed, an abstract of which register, with the amount of fees received, shall be reported to the city register, under oath, on the last Saturday of each month. Sec. 3. No person sliall exercise the office of city weigher penalty for unless he shall have taken out a license as herein provided, under out^ucenseV^^ a penalty of not less tlian ten nor more than one hundred dollars for each and every offense ; nor shall any weigher employ a deputy. Sec. 4. License as weigher shall not lie granted to any person, certain i)arties , , 1 • (* 1 • receive no li- 01* to any employee of any person, who, at tlie time of applying cense tor weigh- for the same, is directly or indirectly engaged in luijdng, selling, or trading in any article tliat he may be called to weigli ; and any person who shall, after liaving taken out a license, liecome so% engaged, either as princijial or as enqiloyee, shall thereby forfeit the office and privileges granted by this ordinance, without claim on the city for the license-money paid. Sec. 5. The scales of the city weighers shall be tested by weighers’ scales the inspector of weights and measures at least once in every when, six months, and oftener if such scales shall be siq)})osed incorrect. Sec. G. The city weighers shall be entitled to charge and weighers’ fees, receive, as compensation for their services, viz : For sacks of corn, wheat, oats, rye, seed, potatoes, and onions, one and a quarter cents per hundred pounds ; for bags of dried fruit, and bran, two cents ])er liundred pounds ; for coffee, two and a half cents per bag; for rags, three cents per hundred pounds; for baled liay and hennp, one and a half cents ])er hundred pounds; baled tow, one and three-ipiarter cents per hundred pounds ; SCALES AND WEIGHERS. sugar, one cent per hundred ; each hogshead or package of tobacco, twenty-five cents ; meat, twelve and. a half cents per cask; meat in bulk, two cents per hundred pounds; lard, grease, tallow, and oil, four cents per tierce or package; barrels, three cents each; kegs of lard, one and a half cents each; each bale of cotton, ten cents ; pig iron, one and a quarter cents per hun- dred pounds ; pig lead, one cent per hundred pounds ; bales or bags of wool, over a hundred pounds, ten cents ; under a hundred pounds, live cents ; coil rope, two cents each ; for assorting grain, fifty cents per one hundred sacks ; tierces of rice, ten cents each. weisheis’re.?is Seo. 7. Tlio register retpiired to ])e kept by the city weighefs lor inspection, shall at all timcs be open to the inspection of any person interested in weighing done by them. Order-book to be Sec. 8. Each weigher shall keep open a book in some public part of his office, in which all orders for weighing are to be entered, and he shall fulfill such orders for weighing in the order that they are entered, unless for good cause shown, under a Ponaity. penalty of not less than five or more than one hundred dollars for every violation of this section, to be sued for and recovered, as Other penalties, before the recorder. A II T I Cl. E I V. Firewood. m ^ Firewood how Section 1. All firewood brought to this city otherwise than by bioiiiiiu tociiy. pg in veliicles which shall be open at the sides in such manner as to permit the officer charged with the measurement thereof to examine the same with accuracy. Wood to bo Seo. 2. Before anv firewood ])rought to this city in vehicles moa>urod before ’ . shall be sold, the person Itringing the same sliall cause it to be measured by some of tlie weighers of hay and stone-coal, and receive from him a certificate of the quantity. The certificate aforesaid shall state the numlier of feet contained in sucli load, and the number of cords or parts of a cord tlie measured (piantity ♦ constitutes. Mapnor Id moas- Seo. 8. Ill making such measurement, it shall be the duty of the officer to examine carefully the manner in which the wood is ])iled in the vehicle, and nnike a siiitalile deduction for loose and improper piling and for crookedness and unevenness of the wood. SCALES AND WEKJIIERS. Sec. 4. No certificnto sluill 1)0 o’ivoii by a woi^lici' of hay and Naniot.)f.(.>iiv- ' y CMi, bftore issue stone-coal until the ])erson applying for ineasui’einent of wood '>*• «i'''oioate. shall give his name to that officer. Sec. 5. No liorson, after having a load or (piantity of wood Load certified 1 ^ -1 • n e • 1 1 11 1 e not to be cliiiiiu- nieasured, and received a certihcate as aroresaid, sliall, berore isiiou. sale thereof, diminish the quantity thereof. Sec. G. Any person bringing wood to this city in a vehicle, certificate to be and, after having the same measured as hereinbefore provided, chaser, making sale thereof, shall deliver the certificate received by him as aforesaid to the purchaser, who shall retain, and in no case re-deliver the same to the vender. Sec. 7. The weighers of hay and stone-coal shall be entitled veVs tor moa.s- ° . . . nrins'. to charge for each certificate delivered by them, as aforesaid, five* cents, which shall be paid, on the deliveiy thereof, by the person having the wood measured. Sec. 8. In all measurements of wood, under this ordinance, a Curd computed, cord shall be computed at the rate of eight feet in length, four feet in breadth, and four feet in hight, well stored and jiacked ; and parts of cords shall be computed in the same proportion. Sec. 9. Whoever shall violate any of the provisions of this Penalty, ordinance, or be guilty of any fraud or imposition in the sale of wood, or shall change or alter any certificate made in pur- suance hereof, sliall forfeit and pay not less than five nor more tluin one hundred tlollars. Sec. 10. The city register shall furnish to each weigher of RpKi.stcr to fur hay and stone-coal printed blank forms for certific.ites, to be wciKiiers. used by them as provided and re([uired lierein ; and the register shall likewise furnish each weigher of hay and stone-coal with a sufficient nundjer of printed copies of this ordinance, so that a cojty thereof may be delivered to each person bringing firewood to the city for sale. Sec. 11. Every person keeping a wood-yard, and selling wood Regulations tor in small quantities, shall deliver to the purchaser thereof a ticket setting forth the ({uantity so sold, in cords and fractional cords ; and any person delivering a less (piantity than set forth in said ticket shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a. fine not less than ten penalty, dollars nor more than one hundreil dollars, to be recovered as prescribed by the ordinances of the city. WARDS. (i04 Penalty for issu- ing false certifi- cate. City divided in- to ten wards. Boundaries of first ward. Sec. 12. Any weigher who shall give a certificate of measure- ment which shall not truly state the quantity as directed in the second section hereof, or who shall charge more or less than the fees allowed by the provisions of this ordinance, shall he fined not less than fifty nor more than one hundred dollars, to be recovered before the recorder, one-half of the fine to be paid to the complainant, and the other half into the city treasury. Approved, September 7, 18(34. (No. 4405.) WARDS. Boundaries o f wards ^ establislied ^ 1 Boundary lines ^ to be center of streets 2 City, division of into wards 1 Dividing lines, between wards, to be center of streets 2 Repeal of conflicting o r d i - nances g 3 Voters, right of not interfered with by change of ward lines 4 Wards, boundary lines of. 1 AN ORDINANCE DIVIDING THE CITY OF ST. LOUIS INTO TEN WARDS, AND FIXING THE BOUNDARIES THEREOF, UNDER SANCTION OF AND IN CONFORMITY TO A LEGISLATIVE ENACTMENT ENTITLED “AN ACT TO EXTEND THE LIMITS OF THE CITY OF ST. LOUIS, AND FOR OTHER PURPOSES,” APPROVED DECEMBER 5, 1855; AND ALSO IN COMPLIANCE WITH “AN ACT SUPPLEMENTARY TO AND AMEND- ATORY OF AN ACT ENTITLED ‘AN ACT TO EXTEND THE LIMITS OF THE CITY OF ST. LOUIS, AND FOR OTHER PURPOSES-,’” APPROVED DECEMBER 8, 1855. Be it ordained h\j the Common Coimcil of the City of St. Louis : Section 1. Tlie city of St. Louis is hereby divided into ten ■wards, under sanction of and in conformity to the legislative enactment referred to in the caption of this ordinance ; tlie lioundaries whereof shall be, and the same are hereby, estal)- lislied as follow’S : First Ward — Shall embrace all that teriltory lying between the southern, w^estern, ainl eastern lines of the extended new limits of the city, and a line as follows : Beginning at the eastern termination of Soulard street; thence westwardly, along WAllDS. GOo said street, to Lafayette avenue ; tlieuce along the center of Lafayette avenue to Grand avenue ; tlience, 'by tlie same line prolonged Avestward, to the Avestern boundary of the extended iieAV limits. Second Ward — Shall embrace all that territory lying north of the first Avard and Avithin the eastern and Avestern boundaries of the extended ncAA^ limits of the city, and south of the folloAving line : Beginning at the eastern end of Coiwent street ; thence AvestAvard, along* Convent street, to Carondelet avenue; thence south to Hickory street ; thence AvestAvard, along Hickory street, to Grattan street ; thence soutliAvard, along Grattan street, to Park avenue ; thence AvestAvard, along Park avenue, to Grand avenue ; thence AAuth the line of Park avenue, extended, to the Avestern boundary of the extended neAv limits. Third Ward — Shall embrace all that territory north of the second Avard and within the eastern and Avestern boundaries of the extended neAv limits, and south of the folloAving line : Beginning at the east end of Plum street ; thence AvestAvard, Avith Plum street, to Fourth street; thence soutliward to Cerre street; thence AvestAvardly, along Cerre street, to Fourteenth street; thence soutliAvardly, along Fourteenth street, to the south side of the Pacific railroad; thence along the south side of the Pacific rail- road to the Avest line of the extended iieAv limits. Fourth Ward — Shall embrace all that territory north of tlie third ward and Avithin the eastern and Avestern l)oundary lines of the extended neAV limits, and south of the folloAving line; Beitin- ning at the east end of Market street; thence AvestAvard, along Market street, to Tenth; thence south, along Tenth, to Clark avenue ; thence AvestAvardly, along Clark avenue, to Adolph street ; thence soutliAvardly, along Adol})h street, to the Avestern extension of ClaiL avenue; thence along said Avestern extension of Clark avenue to the macadamized Market-street road ; thence westward, along said macadamized road, to the Avest line of the extended new limits. Fifth Ward — Shall embrace all that teivitory north of the fourth ward and Avithin the east and Avest boundary lines of the extended neAv limits, and south of the folloAving line: Beginning at the east end of Olive street ; thence AvestAvardly, along Olive street, to Seventeenth street ; thence, by the same line continued Boundaries of second ward. Boundaries of third ward. Boundaries of fourth ward. Boundaries of fifth ward. WARDS. () iG H mtifhiriPH of hixlh ward. Boiindarios of ^ M-veulh ward. lioiindarios of t ij,diih ward. Bous’d irios of iniitli w.inl. Roiindnri(‘S of tctiih waad. Dividiti-; linos, w Ihmi lixod. westward, to Garrison a-venue ; tlience along the Central plank- road to the Avest line of the extended new limits. Sixth JVard — Shall embrace all that territory north of the fifth Avard and Avithin the east and Avest boundary lines of the extended neAv limits, and south of the folloAAung line : Beginning* at the east end of Green street ; thence AvestAAmrd, along Green street, to Ele\mnth street; thence south, along EleAmnth street, to Christy avenue ; thence AvestAvard, along Christy avenue, to Pratte avenue, at its intersection Avith Lucas avenue thence AvestAvard, along Lucas avenue, to Garrison avenue ; thence by the line of Lucas aAmnue, extended AvestAvard, to the Avest line of the extended neAV limits. Seve7ith Ward — Shall embrace all that territory north of the sixth Avard and Avithin the east and west lines of the extended neAV limits, and south of the folloAving line ; Beginning at the east end of Cherry street ; thence AvestAvard, along Cherry street, to BroadAvay or Third street ; thence along BroadAvay or Third street to Franklin avenue ; thence along Franklin avenue to Garrison avenue; thence along the line of Franklin avenue, extended Avestward, to the Avest line of the extended neAV limits. Eighth Ward — Shall embrace all that territory north of the seventh Avard and Avithin the east ami Avest lines of the extended iieAV limits, and south of the folloAving line : Beginning at the east end of Biddle street ; thence along Biddle street to Pratte avenue ; thence along Gamble street to the macadamized St. Charles roa.l ; thence along said macadamized road to Webster street ; thence on a line parallel Avith the extended line of Biddle street to the Avest line of the extended neAV limits. A'^inth Ward — Shall embrace all that territory north of the eighth Avard Avithin the east and the Avest lines of the extended ncAV limits, and south of the folloAving line : Beginning at the east end of lIoAvard street ; thence AvestAvard, along Howard street, to Eighteenth ; thence south, along Eighteenth street, to Cass avenue ; thence AvestAvard, along Cass avenue, to the Avest line of the extended ncAv limits. Ttnlh Ward — Shall embrace all that territory north of the ninth Avard and embraced Avithin the east, Avest, and north lines of the extended iieAV limits. Skc. 2. The dividing lines betAveen the Avards shall be the WATEll COMMISSIONEllS. (;o7 center lines of the streets and avenues respectivelj named as boundaries thereof. SEo’. 3. All ordinances heretofore passed dividing the city into conflicting or- wards, so far as the same may conflict with the provisions hereof, pea’ied.^* or any thing required by the amended charter of the city, enti- tled “ An act to extend the limits of the city of St. Louis, and for other purposes,” approved December 5, 1855, are hereby repealed. Sec. 4. The change of the ward lines, as made by this ordi- voters not do- , ,, . . 1 • 1 1 Privod of right nance, shall not be construed to deprive aiiy voter, otherwise duly to v> te by change - ^ of ward lines. qualifled, from voting on the first Monday in April next in the ward into which he may be thrown by the change of the Avard lines as herein established. Approved, March 21, 1850. ( No. 5330. ) WATER COMMISSIONERS. . \ AN ORDINANCE TO ESTABLISH AND REGULATE THE BOARD OF WATER COMMISSIONERS. Account, water coiniiiissioner.s to suliuiit to common council I, wafer commissioners to kt'ep of Witter works fund 11, Hoard of water commissioners, how composed I , Hand. Witter commissioners to give 1 , ollic(M-s of Witter works to give I , Bonds {water), when to he itriiit- (dl IV, wluMi to be signed IV , where! to he hypothecated IV, Chief engineer of waterworks, wat(!r commissioners to iip- ))oint I , fiuitlilications of I, Sitlitiy of. I, ordinitnees in force to apply to... Ill, (Jommissioners {see water commis- sioners) . Common council, Witter commis- sioners to submit plan to I, 4 3 1 5 1 f) 5 i) .5 5 2 4 Common council, AViiter commis- sioners to submit contracts to I , ? 4 Witter commissioners to report to annuiillv I, 4 Comptroller, to k(‘ep iiccount of wittt'fworks fund IV, 3 to sign Witter bonds IV, 3 Contracts, witUir commissioners to enter into 1 . 4 who to make II, 1 provisions concerning II, 1, 2 Counselor (city), C(‘rl ititatte of, necessiirv for purclutser of land : VI, 3 to itsslst water comm’rs... . \^1 , 4 Delimiuent property , Wiit(!r not to he supplit'd to V, 5 Delinquent water-tax bills, how collected V, 4 Dxecutions against city, Avat(‘r commissioners to piiv....VI, 2 Expenditures for waterworks, Wit- ter contmissioners to con- trol I, 4 GOS WATER COMMISSIONERS. Wafer commis- sioners to be elected. Kxpenditures for waterroorks, wa- ter coiiiniissioners to re])ort to coininoii council I, Land commisswner ^ certiticate of iiecessaiy before purcliase of land Vr, to assist water cominission- ers VI, Lands, how acquired for water- works VI, Map of waterworks, water coni- niissioners to keep II, Mayor, to be water commis- sioner I, to sign water bonds IV, Oath, to be taken by water com- missioners I, officers to take I, Officers, water commissioners to appoint I, qualitications of. I, to take oath and give bond I, Ordinance, when to take ef- fect VI, contlicting, repealed VI, Plan of waterworks , water com- missioners to submit I, Preliminary expenses, how pro- vided IV, Purveyor, water commissioners to appoint I, qualifications of. I, salary of. I, ordinances in force to api)ly to Ill, Register of water-rates , when to surrender office, etc Ill, Registrar, water commissioners to appoint I, duties of. I, salary of. I, ordinances in force to apply to Ill, Rules, water commissioners to make and publish I, Salary, of water commission- ers I, of chief engineer I, of purveyor I, of registrar I, Secretary, water commissioners to elect I, 4 Sjiecial tax attorney, to collect certain bills V, \ 4 Superintendent o f waterworks, when to surrender office, etc Ill, 1 Tax-bills for water-pipe, how made out V, 1, 2, 3 how collected V, 4 interest on V, 4 when delinquent V, 4 Water commissioners, board of established I, 1 salary of. I, 1 bond of. 1 , 1 qualifications of. I, 1 oath to be taken by I, 1 when to organize.' I, 2 record of subject to inspec- tion I, 2 to do business in central part of city I, 3 general duties and powers of I, 4 to make contracts for work and materials II, 1 to keep record of accounts, etc II, 3 to keep map of waterworks, etc II, 3 ordinances in force to applv to Ill, 2 to examine accounts month- ly Ill, 4 ina}' provide water-meters III , 5 to report to comptroller...IV, 3 to take certificate of title be- fore purcha.sing lands VI, 3 Water-meters, water commis- sioners may provide Ill, 5 Water purveyor {see purveyor) . Water-pipes, cost of, how as- sessed V, 1, 2, 3 Water registrar {see registrar) . Waterworks , to be under charge of water commis.sioners...I, 4 commissioners to submit plan for I, 4 Water works-extension fund, what to constitute IV, 1 to be deposited in bank IV. (5 what to be credited and charged to Ill, 3; IV, 2 Be it ordained hjj the Common Council of the City of St. Louis : A K T I C L E I . fF ate r Commissione rs. Section 1. Iti conformity with an act of the general assenihly of the State of Miysouri, entitleil “An act to enable the city of WATER COMMISSIONERS. 609 St. Louis to extend tlie waterworks tliereof, and for other pur- poses/’ approved March 28, 1868, four connnissioners shall he elected hy the coniinon council, who, together with the mayor, shall be stvled the “Board of Water Commissioners.” The four salary of com- luisbioncrs. commissioners so elected shall each receive one thousand dollars per annum as full compensation for his services, and shall give a bond to the city of St. Louis, in the penal sum of fifty thousand Bond to be given, dollars, with at least two acceptable securities, for the faithful performance of his duties. They shall be resident tax-payers of Qualifications, this city, and citizens of the Lhiited States, and shall not engage in any business or avocation that will interfere with their duties as water commissioners. In addition to the oath administered to oatii to be taken. city officers, each commissioner, before entering upon the duties of his office, shall take and subscribe an oath that he is not and will not become, directly or indirectly, interested in any land or lands necessary for the construction of new waterworks ; that he will not become, directly or indirectly, interested in the sale of the securities of this city to be issued for new Avaterworks ; and that he will neither be concerned nor interested pecuniarily in any work or trust hereby placed under his charge. Se ’. 2. The board of Avater commissioners shall organize Board to organ- ,, , . . ... •, . , . ize annually. annually by appointing one or its members to })reside over its deliberations, and another to act as secretary, avIio shall make a cresidcnt and secretary to be faithful record of its proceedings, Avhich shall be at all proper “I'pointed. times subject to the inspection of the comptroller and the mem- bers of the common council. Sec. 8. The said board shall lease and occupy a suitable, ausinoss to be *• * transacted in safe building in the central part of this city, Avhere, so far as ■ _ ^ ^ J ^ ter Of city. practicable, all business connected Avith the construction and management of the AvaterAvorks shall be transacted. Sec. M. The board of Avater commissioners shall have full »gard to have charge of water' charge and control of the construction and operation of the o7boVrd*^^'*^^* AvaterAvorks of this city, and it shall be the duty of said board: First, — To take cognizance of all matters pertaiiung to Avater supply. Second — To prepare and submit to the common council, for its approval, at as early a day as practicable, a general plan, Avith an estimate of costs, for ncAv waterAvorks Avhich Avill afford a daily supply of at least tAventv millions of gallons of clear and 89 610 WATER COMMISSIONERS. wholesome water, and which will admit of extension to meet all probable future rerpiirements. Third — To appoint and employ all officers, agents, and servants required to construct and operate the waterworks. Fourth — To make all needful rules and regulations to govern its own deliberations and the acts of its officers, agents, and servants, which rules and regulations shall be in conformity with law and ordinance, and which it shall cause to be revised and published annually. Fifth — To enter into all contracts, in behalf of the city, that it may become necessary to make, and to report the same to the common council for approval. Sixth — To exercise a rigid control over the expenditure of the funds placed in its hands, and to see that all approved plans and contracts are strictly executed. Seventh — To report to the common council, at the first stated session in each fiscal year, a full and correct account of all its receipts, payments, and doings during the previous fiscal year; and, at the second stated session, a like account of the same during the first half of the fiscal year. Such report shall be accompanied by the statements and suggestions which the bonrd may deem to be of interest to the city or necessnry for a complete understanding of the affairs of the waterworks. Eighth — To report to the common council, at the last meeting in each fiscal year, the probable amount of expenditures that will be required for waterworks purposes during the next fiscal year. J\*inth — To report to the common council, whenever called upon, all information in its possession relative to matters under its control ; and generally to do all lawful acts necessary to render the wateinvorks complete, efficient, and economical, and to accomplish the objects for which the said board was created. Chief enKineer Sec. 5. The Said board shaD, subject to the approval of the brappTinted. comuion couiicil, appoint a civil engineer to take general charge Qualification ■■ of engineer. Salary. Water purveyor to be appointed. of the construction and operation of the waterworks. He shall be styled the ''chief engineer of the waterworks,” and shall be well skilled in the construction and management of such works, and shall receive such a salary for his services as may be agreed upon by the board, not exceeding five thousand dollars iier aimum. Sec. G. The board shall appoint a water purveyor, who, iu WATER COMMISSIONERS. i;il subordination to tlic l)oar(l and lo tlic cliicf' engineer, sball have general eliarge and nianageinent oF the watei'works in operation For the time being, lie shall be well skilled in the management Quaiinoatious. oF pumping-maehinery and all the apparatus oF water supply, and shall receive a salary oF not exceeding eighteen hundred salary. dollars per annum. Sec. T. The board shall appoint a water registrar, whose water r.>-istrar 1 in 1-1 1 1 1 1 n to be appointed; salary shall not exceed eighteen hundred dollars per annum, salary, and who, under the supervision oF the board, shall apportion and collect all water-rates and all taxes and charges assessed by the said board and common council appertaining to water supply. Se(’. 8 . The said board shall prescribe the oath to be taken Board to pre- ^ scribe oath and and fix the bond to be given by its officers, agents, and servants, and their commissions shall be signed by the president and secretary oF the board. They shall be ap])ointed to serve during omcer.show ap- good behavior, or until they shall be no longer retpiired by the board; and, upon the honorable discharge oF any commissioned servant, the president oF the board shall, Avhen applied to thereFor, give a suitable certificate oF such discharge. AKTK’LE II. Materials and Sapyties for JVaterworks. Section 1. The doing oF all work and the Furnishing oF all work done ana • 1 TCI ^ inatoiials fur- matei-ials and suiiplies lor the Avaterworks shall be let out by to be by the board oF Avater commissioners to the loAvest and best bidder, exce})t in cases Avhere it is not practicable to have the Avork done by contract ; ;ind the consideration stiitulated to be T)aid in all such Contracts, how contracts shall Ite money, iiidess it shall be otherAvise directed Ity ordimince. Notice oF all such lettings slmll be published in the ncAvspapers em])loyed to do other city printing, and in ncAvspapers at such othei’ places as the board may deem i-e({uisite, at least six- teen times, and not less than twenty days beFore the day ap])ointed For the o})ening oF the bids. The notice shall state the kind and (piantity oF Avau’k to be done and the materials and supplies to be Furnished, the place Avhere the plans or s])ecifications may be seen, and the time and place Avhen and Avhere the bids Avill be received. Each bid must be signed by the bidder, and must be accompanied by a statement, signed by the persons offered by the 612 WATER COMMISSIONERS. Provisions to secure comple- tion ot con- tracts. bidder as bis securities, declaring tlieir willingness to become such securities in the event of the contract being awarded to the bidder ; and the bid must also be accompanied by a bond to the city of St. Louis, in the penal sum of two hundred dollai’s, signed by the bidder and a responsible security, and conditioned that, if the bid be accepted, the bidder shall enter into a written contract according to the terms of the bid, and at such time as the said board shall require. The bid, statement, and bond must be inclosed in a sealed envelope, and the bidder must state his place of residence and all other particulars that may be pre- scribed. The bids shall be opened by the president of the board, in the presence of the mayor, on the day mentioned in the notice, at the hour of twelve o’clock, noon. Sec. 2. The performance of all contracts let out as aforesaid shall be secured by at least two responsible securities, to be approved of by the board, in the full amount of the contract, for all of the value of fifty thousand dollars and less ; and for all of a greater value the board shall fix the amount of security to be given. If the person whose bid is accepted shall fail to enter into contract as aforesaid, the board may award the contract to the next lowest acceptable bidder, or may advertise for new pro- posals, as in the judgment of the board shall appear best for the interests of the city. Any bidder failing to enter into con- tract as hereinbefore required, or to fulfill any contract entered into by him with the city, shall not be allowed to bid again, directly or indirectly, for any city work, unless, for good cause shown, the common council shall remove this disability. All contracts, after being drawn up, shall be submitted to the city counselor, or, in his absence or disability to act, to the city attorney, for the a])proval of the form. They shall then be sub- mitted to the common council for its ap})roval, which shall be indorsed thereon ; after Avhich they shall be recorded in the office of the board, and abstracts shall be furnished to the com|)troller. The board shall report to the common council all violations of contract, and may sus])end the execution of any contract Avhen- ever the contractor shall fail to comply witli the terms thereof, or with the proper directions of the board in relation thereto. Every contract made by the board as aforesaid sliall contain a clause stating that the same is entered into subject to the ordinances WATER COMMISSK )NERS. 618 of tlic city and to tlic power of the board to suspend or annul the same for a failure on the part of the contractor to fulfill the same ; and such sus])ension or annulment shall not affect the rights of the city to all damages and penalties claimable by it on account of the contractor’s failure. Sep. 8. The hoard of water commissioners shall examine all Duties of board accounts presented to it for work done and materials and supplies counts furnished under contracts, and for land and other property pur- chased, and for services rendered, and shall cause the same to be paid when found to be correct. The board shall keep an exact and complete record of all accounts so paid ; and, at the final payment made under any contract, a detailed statement of all the work done and materials and supplies furnished shall be entered upon the books ; and, when the nature of the case will admit of its being done, complete detailed plans and drawings shall l)e recorded in an atlas to be kept for that purpose. All field and memorandum books and rintendeut of water woiks II, | II Clerks of register (f water-rates, how ajipoiiited IV'', 4 duti(*s of. IV, 4 Coal, how fui-nisluMl toi- tin; 27 coming into the city; said sealed proposals shall be opened by the superintendent of Avaterworks, in the presence of the mayor and committee on Avateiavorks ; and the loAvest bidder, taking into consideration the (piality of the coal, shall receive the contract, provided be give good security, to be approved by the Avateiavorks committee, for the fulfillment of the contract ; and all contracts contracts to bo ’ approved by relating to Avaterworks shall be made subject to the approval of common cuun- tbe common council. Sec. 11. The city police and all city officers are required to Duty of city ol- inform the superintendent of any violation of this ordinance, and violations of or- to give the name of the person offending, if knoAvn to them; and likeAvise to inform him of any leakage or derangement of any part of the AvaterAvorks. Sec. 12. Excavations for laying doAvn pipe, filling up trenches Excavations for made therefor, and reyilacing pavement, shall be let out to the ulations con- 1 1 • 1 1 • ^ f. 1 -1 cerning. loAvest bidder, as in other cases of contracts — Avhenever, in the opinion of the AvaterAAairks committee, it shall be deemed exjiedient to do such Avork by contract. Sec. 18. The superintendent shall not erect any fire-plugs Fire-piugs to . , , .... , , , have but one Avitli more than one opening Avherein hose can be attached. opemng. Sec. 14. It shall be tlie duty of every ])erson using Avater Duty to repair from a liydraiit, Avhen sudi hydrant shall leak, to have the same Iiilnu^ repaired immediately, or to notify the superintendent of the Avaterworks of such leak, under a penalty of five dollars for failing so to do. A 11 T I Civ E 111. Plumbers^ Section 1. Any plumber desirous of introducing Avater from piumiiers to pro- 1 , , 1 1 1 1 , permits. trie Avatei'Avorks to any liouse or other place shall first procure a permit and number from the superintendent of AvaterAvorks for each and every opening retpiired, and said superintendent and the register of Avater-rates shall determine the size of all attach- Licensed plumb- ers only to have merits to be made. No plumber or other person Avill be permitted to attach to any service-piiie or Avater-main unless licensed by the to whom license . 1 ^ ^ , 1 shall be granted superintendent of AvaterAvorks ; and no license shall be granted to any individual until a satisfactory certificate from at least tAvo respectable plumbers of the city of St. Louis is given to him, testifying that the applicant is a competent plumber, and qualified (328 WATE11W0]U\S DEPARTMENT. Amount to be paid for attach- ments. Service-pipe, liow deep to be laid. Service-pipe, regulations con- cerning. bl.Kcavations to be made under direction of en- gineer. to receive a license and do plundjers’ work in a satisfactory, workmanlike manner. Sec. 2. For every attacliment made ky order of the superin- tendent of the waterworks there shall be charged for the use of the city the sum of Pvo dollars on tlie granting of the permit by the superintendent of waterworks, said money to be paid by the applicant to the register of water-rates, taking two receipts from said register, one to be filed by the superintendent and reported in his semi-annual report to the city council, the other to be retained by said applicant. The money thus collected shall be paid to the treasurer of the city, monthly, by the register, and credited by the city auditor to waterworks fund. Sec. 3. All lead service-pipe placed in connection with the wateiuvorks, under ground, either in the street, alleys, or on pri- vate property, shall not be less than three feet below the surface of the ground. Sec. 4. Said service-pipe shall be what is known as extra- strong pipe, and weigh, per linear foot, as follows, to-wit : half- inch diameter, two pounds seven ounces per foot ; five- eighth- inch, three pounds per foot ; three-fourths-inch, three pounds ten ounces per foot ; one-inch, four pounds twelve ounces per foot ; one-and-a-fourth-inch, six pounds ; one-and-a-half-inch, seven pounds two ounces ; one-and-three-fourths-inch, eight pounds four ounces ; two-inch, nine pounds eight ounces ; two-and-a-half- inch, sixteen pounds twelve ounces. Service-pipe in buildings above ground may, at the option of parties interested, be wliat is known as strong pipe, and weigh as follows, per linear foot : five-eighth-inch diameter, two })ounds eight ounces per foot ; three-fourths-inch diameter, three pounds ; one-inch diameter, four pounds ; one-and-a-fourth-incii diameter, four pounds eight ounces ; one-and-a-half-inch diameter, six pounds four ounces ; one-and-three-fourths-inch diameter, six pounds eight ounces ; two- inch diameter, eight pounds. All service lead pipe of ligliter weight than the above are strictly proliibited. Wi-ought-iron pipe can only be used above ground, except by special })ermission from superintendent of waterworks. Sec. 5. All excavations, for service-pi})e, in any ])ublic street or alley, shall be made according to the instructions or regula- tions of the city engineer. ) iu< s 1 )ErA irrMENT . Sec. G. Should aiij street, alley, or highway he left open or unfinished for the space of twenty- four hours, or should the work be done contrary to tlie regulations herein specified, the superin- tendent of waterworks shall proceed and finish the same and charge the expense thereof to the plumber doing the work, which expense shall be paid by said plumber previous to his receiving another permit. Sec. 7. There shall be a stop-cock attached to each hydrant, branch-pipe, or other fixture for the distribution of water from the waterworks. It shall be placed, in streets, on the sidewalks, within one foot of the curbstone ; and in alleys, within one foot of the side line of same. All other pipes branched to or con- nected with a public or private branch or stop-cock shall be attached in a convenient and accessible place, within three feet of the hydrant or draw-cock, so that the water in one branch can be shut off without affecting another; and each house shall have a separate hydrant and stop-cock ; and all stop-cocks shall be at least three feet below the surface of the ground, and outside of the building. Sec. 8. All stop-cocks, without exception, shall have a strong and suitable (T) head, and no other description will be permitted to be used. Tliey shall be inclosed in a case of wood or iron, built up even with the surface, and to have a cast-iron frame, three inches square, with a lid fitted thereto so that it can not be thrown off. When stop-cocks can not be placed in the sidewalks on account of vaults built under them, then the stop-box must be made of iron, three inches inside at the top, with a flange at the bottom to prevent theii' rising by the frost, to be placed in the street, clear of the gutter, and have a cast-iron lid, with ])rongs, six inches deep, to keep it in its place, similar to patterns fur- nished by the superintendent of the waterworks. It shall be the duty of the register of Avater-rates to see that the stop-boxes are kept in good order and re]:)air; and, Avhen necessary, to notify parties OAvning or tenants of the premises of the condition of the same, Avith a vicAV to their repair or i-enoAval, etc. ; and should the })arties so notified refuse or neglect to rencAV or repair the same as may be directed by the register of Avater-rates, it shall be the express duty of the register of Avater-rates to I'efuse a license for the use of Avater until such directions are complied Avith. G21) Siippi'intoniJent to liiiisli certain woi k. Regulations coiiceruing stop-cocks, pipes, etc. Further regula- tions concern- ing stop-cocks and boxes. <530 WATERWORKS DEPARTMENT. Valves and stop- boxes not to be disturbed on re- pairing streets, etc. llpgulalions for sbiitling cfif wa- ter, etc. Water to be shut off for waste, etc. Fire-plugs to be used in case of tire only, except by bo-ird of health. Sec. 9. Parties paving streets, alleys, or sidewalks, or repav' ing or repairing the same, are expressly forbid from destroying or covering up any valve or stop-box attached to the waterworks, under a fine of not less than five nor more than twenty dollars for each and every offense, to be recovered as in other violations of city ordinances, except in case of city contractors doing work for the city ; in which case the city engineer, on being notified of the same, shall deduct from all moneys going to said con- tractors the expense of removing or repairing the same. Sec. 10. No person is permitted to let on or shut off water from any pipe or main of the waterworks, except the proper ofiicer of the department ; and no one except those employed by the superintendent will be permitted to drill the pipes ; and no ferrule shall be inserted that will penetrate the bore more than one-eighth of an inch, and shall also accurately conform in shape to the drill used. Sec. 11. No hydrant, water-closet, or other attachment to the waterworks shall be left running to waste ; and it shall be tlie duty of the superintendent of waterworks and register of water- rates, where such wuiste takes place, to turn off’ the water from the premises. In all cases Avhere the water has been turned off for waste, non-payment of license, or violation of the rules and regulations of the waterworks department, and found on again, the register may cause the ferrule to be drawn from the street- main, and it shall not be reinserted until all back wniter-rates are paid, and ten dollars additional for drawing and replacing the ferrule. Sec. 12. No person shall be permitted to use the fire-plugs of the city except for the extinguishment of fires, washing hose apparatus, or similar purposes, except under the order of the board of health, when deemed necessary for the sanitary con- dition of the city, under a penalty of not less than five nor more than fifty dollars ; and the register may permit tlie use of water for the purpose of consolidating the fillings of public highways made by the order of the city engineer. Sec. 13. Any plumber or other person who sliall lay down any j)ipe, set up or repair any hydrant, or do any other act (*on- trary to the spirit and intent of article third of this ordinaman or willfully let run any water-closet, hydrant, drain-cock, oi- !ire- J’enallit's WATEllWOlIKS DEPARTMENT. m plu^', wlicrel)y the Avatcr from tlic waterworks sliall bo wasted, shall he fined, on conviction thereof, not less than five nor more than fifty dollars, to be collected as other penalties. ARTICLE IV. Water- Ralt^s Office. Se^^tiox 1. The mayor shall appoint a register of water-rates, who shall be confirmed by the board of common council, and shall hold his office for one year from the second Monday in June in each year (unless sooner removed), and shall keep his office in the city hall, and give bond, to be filed with the city register, with three sureties, to be approved by the mayor, in the penal sum of ten thousand dollars, conditioned for the faithful per- formance of the duties retjuired 1^}" law and ordinance. Sec. 2. Any person desiring the use of water from the water- works shall apply to the register at his office, whereupon he may send an inspector to inspect the premises, who shall report upon oath the condition of all the hydrants, cocks, water-closets, and other fixtui'es ; and, if the same shall be found in complete order and of approved (puility and kind, he may issue a license; but, if found otherwise, no license shall be issued until the defects have been cauTected. The inspector shall, in like manner, inspect the premises foi- Avhich licenses are issued once in every three months ; and when defects are found which result in a waste of water, or when persons are found guilty of a needless and willful use of water, the license issued shall l)e forfeited, and the water shall be turned off until a new license shall have been granted ; and offenders may also be proceeded against as otherwise ])rovided. The license shall state specifically the j)iirpose and time for which the license is granted, the number of the hydrant and that of the block, and, as near as may be, the number of the building to which the hydrant is attached, and its position in the block ; also, the amount paid ; and upon the back of said license shall be printed a synopsis of the regulations concerning the use of water from the waterworks. Sec. 8. It shall be the duty of the register of water-rates to have the care and safe-kee]:)ing of all the books and papers belonging to his office, and to attend to the collection of watcr- Register of wa- ter-rates to be appointed. Term of office of. Bond of. ■Application for water to be made to register. Inspector to ex- amine premises. Licenses for wa- ter, wbat to con- tain. Duties of regis- ter of water- rates. 682 WATERWORKS DEPARTMENT. Register may appoint clerks. Water to be shut olf for non- payment of li- cense. Inspectors of hydrants to he appointed. rates, lie shall also cause to lie made and kept in his office a full and complete record of all hydrants and attachments of every kind connected with the wateiavorks, by blocks, numbering the h^ulrants in each block separately ; and also designate, by the number or otherwise, the tenement in wdiich said hydrants or attachments are used, specifying the number of baths, water- closets, or otlier attachments, in each tenement ; and hereafter, when any ncAv hydrants or attachments of any kind are made, he shall record the same in the registry of hydrants, under its appro- priate block. It shall also be the duty of said register, at the opening of each stated session of tlie common council, to report to that body the amount of money collected for water-rates since the first day of the preceding session of said council, with a detailed statement showing from what sources the same has been derived. The said register shall pay into the city treasury, weekly, all money received by him, and file the receipt with the auditor ; and at the end of every month he shall report to the auditor, under oath, all money received by him for licenses, and the payments made by him into the city treasury, and at the same time settle with the auditor, producing all the blank licenses in his hands. He shall receive from the city register blank licenses, signed by the city register, for which he shall give said city register duplicate receipts, one of which shall be delivered to the auditor and the other retained in the city register’s office. The register of water-rates shall devote his whole time and attention to the discharge of his official duties, and shall engage in no other business, during his term of office, that will interfere therewith. Sec. 4 . The register of Avater-rates shall, Avith the approval of the mayor, appoint competent clerks, Avho shall be styled the “register of Avater-rates’ clerks,” Avhose duty it shall be to render the register such assistance as he shall recpiire of them. Sec. 5 . Whenever a license ex})ires, and notice has been given to renoAv, if not complied Avith Avithin five days the Avater shall be shut off. Sec. G. Four inspectors of hydrants shall be appointed by the register of Avater-rates and confirmed by the committee on Avater- Avorks, whose duty it shall be to visit and inspect all hydrants and other attachments, and see that the same are in good order and properly inclosed; they shall report to the register any hytlrauts Their duties. WATERW( )KKS DEPiVRTMENT. not properly inclosed, iiny waste o^‘ water, leaking pipes or hydrants, persons using water without license, or any other viola- tion ot* this ordinance that may come to their knowledge ; they shall serve all notices issued by the register ; and, when re(|uired by the register, shall shut off the water from any hydrant for which the license is unpaid ; they shall report to the register the location of all new buildings on any street or alley where water- pipe has been laid, in order to the entry of the same upon the register’s record and atlas ; in all cases where meters are used they shall note the consumption of water as indicated thereby and report the same to the register ; and shall perform such other duties as may be required of them by the register. Sec. 7.* The register of water-rates is hereby instructed to collect from all persons who use the water from the city water- works the water-rates as established by law. A R T I C I. E V. Water-Rates. Section 1. All licenses shall be issued for one year, unless the applicant request the same to be issued for six months, which may be done. The rates assessed shall in all cases be paid in advance ; and said license shall be dated on the first day of the month in which the same is granted. Sec. 2. Any license may be transferred by the consent of the register, who shall note such transfer upon the back of the license and upon the record in his office: Provided., however., that no such transfer shall be made if the transferee have a larger family or a greater use for the water than the person to whom tlie license was issued. Any person holding a water license who may remove from the place for which the same was granted, and who shall notify the register thereof within three days thereafter, may have the benefit of the unexpired term of his license at his new location ; and the fact of such removal shall be noted by the reg- ister on the license and iq)on the record in his oflice. Should any person holding a water license be deprived of the use of the water by fire, the register may, vq)on the application therefor, Licenses, liuw to be issued. How licenses may be trans- ferred. Licenses for wa- ter may be re- funded in case of tire. * Tilts is section one of ordinance No. 5300, approved JnlyO, 1804. WATERWOllKS DEPARTMENT. 1)^4 Fire companies may use water for washing en- gines, etc. Penalty for per- mitting use of water without license. Street inspect- ors and police- men to report violation of this section. pay back an amount proportionate to the time said license has to run, taking a receipt therefor, wliicli receipt shall he credited to the register in his tpiarterly settlement with the auditor. Sec. 8. The regularly-constituted fire companies of the city shall, at all times, have liberty to use water from the fire-plugs, for the purpose of cleaning, washing, or testing their engines or other apparatus. Sec. 4. Whoever, having a water license, shall use or suffer to he used the water from the hydrant designated in his license for any other purpose than that specified therein ; or shall suffer any person not licensed to use water from such hydrant without informing the register of water-rates thereof ; or shall suffer such hydrant to remain exposed to public use; or shall suffer or permit any unnecessary waste of water therefrom ; or shall negligently suffer the water to run from the same without being used, shall forfeit and pay not less than five nor moi'e than fifty dollars ; and it is hereby made the duty of all street inspectors and policemen to report to the register of water-rates any and all breaches of Using water without license. Injuring water- works. Penalty. Water-rates. Residences. this section of this ordinance. Sec. 5. Whoever shall, himself or by any of his family, or by any of his agents or servants, use the water from any part of the waterworks witliout license; or shall, Avithout laAvful authority, open any fire-plug, stop-cock, valve, or other fixture appertaining to said works; or siiall let on or shut off Avater into or from any pipe Avithout the authority from the superintendent of AvaterAvorks or register of Avater-rates ; or shall injure, deface, or impair any part or appurtenances of the AvaterAvorks ; or shall throAV or cast anything into the reservoir of said AvorlvS, shall forfeit and pay not less than five dollars. Sec. 6 . The folloAviug rates for the use of Avater from the AvaterAvorks for one year are hereby established: For residences occupied by one family only — house Avith four rooms or less, five dollars ; house Avith five or six rooms, six dollars ; house Avith seven or eight rooms, seven dollars; house Avith nine or ten rooms, eight dollai’s ; house Avith eleven or tAvelve rooms, nine dollars ; house Avith thirteen or fourteen rooms, ten dolhirs ; house Avith fifteen or sixteen rooms, eleven dollars ; house Avith seventeen or eighteen rooms, tAvelve dollars ; house Avith nineteen or tAventy rooms, thirteen dollars; houses Avith more rooms, to be assessed W A'r El! W( ) 1! K S DEI 'AH'riMENT . at the same rate. Hotels, boardiiig-housos, and tenements occu- n otels, etc. pied by more than one family, or for ,slee})ing-roonis, one dollar and fifty cents per room: Provided^ no license shall be issued for said hotel, hoarding-house, or tenement, for a less sum than at the rate of ten dollars per annum. Bath, priyate (with heating i?atbs. apparatus), fiye dollars ; without lieating apparatus, three dollars ; public baths, fifteen dollars ; plugs or hose for washing windows nugs for wash- ^ ^ ^ ^ windows, and sidewalks, for a front of twenty-fiye feet or less, fiye dollars, etc. and at the same rate for a greater number of front feet : Pro- vided^ that no license for bath or hose shall be issued for less than twelye months. Water-closets, priyate, fiye dollars ; public water-ciosets. closets, ten dollars. For eacli barrel of beer brewed, fiye cents j Beer ; liquor. for each barrel of liquor distilled, ten cents ; for each barrel of wiusky, recti- 1 . . . tying. Avhisky rectified, three cents; for each barrel of yinegar made, vinegar, mak- fiye cents ; for each barrel of camphene, spirit-gas, or alcohol manufacturing. manufactured, ten cents ; eacli barrel washed, fiye cents. The washing. data of the last seyen enumerated clauses to be on the oath of the applicant as to the number of barrels brewed, distilled, rectified, manufactured, or washed during the twelye months preceding the issue of license under this ordinance. When the applicant is commencing business he shall state the probable amount he intends to manufacture. For each dyer and scoui-er. Dyer ami scour- not less than twenty-fiye dollars nor more than one hundred dollars ; for each hat nianiifacturer, not less than thirty dollars natter. nor more than one hundred dollars ; for each horse kept by a Horses. priyate person, three dollars ; for each sale or liyery stable, two dollars per stall ; and for eyery carriage, whether kept for hire or Carriages. ' by the month, two dollars, and, whei’e a hose is attached, not less nose for stahies. than fifty dollars for said hose ; for each bakery, not less than Bakery, ten dollars nor more than fifty dollars for each oyen ; for each Confectionery. confectionery or candy manufactory, not less than fifteen dollars nor more than seyenty-fiye dollars; for each soap-a!id-candle ami camiie manufactory, not less than one hundred dollars nor more than one thousand dollars ; for each porter, ale, or wine cellar, not less Aie ami wine ^ . . cellars. than twenty dollars nor more than fifty dollars ; for each sugar sugar refinery, refinery, not less than three hundred dollars nor more than three thousand dollars ; for each laboratoi-y, not less than twenty dollars Laboratory, nor more than two hundred dollars ; for each dramshop or restan- Dram-sbop or rant, not less than tAvent^^-fiye dollars nor more than one hundred WATERWORKS DEPARTMENT. G86 Beer-house. Tobacco factory. Sprinkling gar- clen.s. Fountains. Gasworks. Book-binderies. Stock-yards. Packing-house. Slaughter-house Washing meat. Barber-shops. Tanneries. Brick-yards. Blacksmiths. Cows. Stores, etc. Laundries. Soda factory. Starch factory. Malting. Plastering, ma- sonry Bricklaying. Sprinkling streets. dollars ; for each beer-house, not less than twenty dollars nor more than fifty dollars ; for each tobacco factory, for each person employed therein, two dollars, provided that no license shall be issued for less than fifteen dolhirs. The use of' water for sprink- ling private gardens, with hose, for six months, not less than five nor more than fifty dollars ; for sprinkling public gardens, or those used for profit or gain, not less than twenty dollars nor more than one hundred and fifty dollars ; for each fountain in a yard, not less than twenty-five dollars nor more than one hundred and fifty dollars for six months, provided that no fountain attach- ment shall be greater than half an inch, and no fountain shall play more than four hours per day; for St. Louis gasworks, not less than five hundred nor more than two thousand dollars ; for each book-bindery, not less than ten dollars ; for each stock-yard, not less than twenty-five dolhirs nor more than five hundred dol- lars ; for each packing-house, not less than forty dollars nor more than five hundred dollars ; for each slaughter-house, not less than twenty-five nor more than five hundred dollars ; [for] washing meat, not less than fifty nor more than five hundred dollars ; bar- bers’ shops, for one chair, ten dollars, and for each additional chair, three dollars ; tanneries, six dollars for each vat, provided no license shall be issued for less than twenty-five dollars ; brick- yards, for each gang of hands, twenty dollars ; blacksmith-shop, per fire, three dolhirs ; cow-stables, one dollar for each cow ; stores, shops, and offices, not less than five dollars nor more than thirty dollars ; for each laundry, not less than twenty dollars nor more than three hundred dollars ; for each soda- factory, not less than forty dollars nor more than three hundred dolhirs ; for each starch- factory, not less than fifty dollars nor more than two hun- dred dollars ; for malting, one cent per bushel ; for every sipiare yard of plastering, one-half cent ; for each perch of stone masonry, five cents ; for every thousand of brick laid in Avail, ten cents. The register of Avater-rates shall require nnj ])erson applying for a license for building })urposes to furnish him a statement of the amount and kind of Avork to be done, Avhich shall Ije SAVorn to, and Avhich statement shall be ke])t in a ))ook to be provided for that ])urpose by said register. Eor s])rinkling streets there shall l)e charged fifteen dollars for that portion of a street embraced betAveen tAvo cross-streets, ami shall date from WATEUWOUKS DErAliTMENT. mi the first of March, and bo for not less than one year ; and any person holding such license shall be compelled to put his own attachment and keep the same in ordei' and free from waste , and a failure to do so shall create a forfeiture of such licenses. For steam i.oiu*r=.. steam-boilers, a water-rate not less than forty cents per scpiare foot of fire-surface shall be charged ; the fire-surface to be com- puted l)y the area of the boiler and fines exposed to the fire (this rate shall apply only to boilers used during the night as well as day, and a pi-oportionate deduction shall be made by the register of water-rates on such as are used only a portion of time) ; a statement to be made by the applicant of the construction and use of said boilers, and filed in the office: Frovided hoicdvtr^ that no such license shall be issued for less than twenty-five dollars; and provided, farther^ that no charge shall be made for hands working in founderies, machine-shops, iron-works, rolling-mills, nail-works, printing-offices, cotton, hemp, rope, or baorsino; factories, and all other manufacturing establishments Avhere no extra quantity of water is used, where a boder license is paid by said establishment for the use of water for the same. Billiard-saloons, three dollars per table. The register of water- uiiiiani saloons, rates shall have power to ascertain l)y meters the (uiantity of R481, ajiproved Jiinnary 12, IHGo, f Tlie word “sixty-one,” in tlie original ordiinmce, is changetl to “sixty-tour” b}^ ordinance No. 5(528, appi’oved d nly 20, 18(55. WATERWOKKS DEPARTMENT. 641 or agent thereof lias neglected or refused to pay said taxes after demand made therefor by said attorney. Sec. I20. The mayor is authorized, for good cause shown, to Mayor may sot ... 1 • A- • 1 • o prohibi- set aside the prohibition upon the register of water-rates con- tion. tallied in the foregoing section, and to direct the issuing of water licenses in such cases on such terms as he may deem just and proper. ' Se('. 21. It shall be the duty of the mayor, if at any time he Mayor may iii- is credibly informed or otherwise has reason to belieye that the ness of register, register is engaged in any business which interferes with the dis- charge of his official duties, to incpiire into the truth of such information or belief; and if, in the iiidgment of the mayor, the P'o.ceodings, if register of water-rates shall be so engaged in business which interferes with the discharge of official duties, tlie mayor shall notify such register that if such business be not forthwith laid aside he will be dismissed from office ; and if such business be not forthwith laid aside, or if, being laid aside, it be afterwards resumed, or if the same officer, who had been once thus notified, shall afterwards engage in any other business or ayocation inter- fering with the discharge of his duties, it shall lie the duty of the mayor forthwith to dismiss such register from office. The mayor is further empowered to siisjiend or remoye said officer at })leasure, if in his opinion the interest of the city demands it, and to appoint some other person in his place for the unexpired portion of his term of office ; but no such dismissal shall affect the recourse of the city against such dismissed register and the sureties on his bond. Sec. 22. The register of water-rates, mid inspectors of offlcors of wii- ~ *■ ^ tervvorks may hydrants, and such other persons as are enpiloyed by the office, ''“-los- shall be authorized, in the discharge of their duties, to enter and haye free access at all reasonable hours to any jiremises when it may be necessary to ascertain the location or condition of a hydrant-pipe or other fixture attached to the waterworks, or to shut off or let on water from or to any hydraiit-pijie or other attachment, or for any other purpose that may be deemed essen- tial for the preseryation of the w'orks or to protect the reyenue of the city deriyed from the same. Sec. 26. A record of all water licenses issued shall lie made Room a of water and kejit by the register of water-rates, in books, entering the 41 fi42 WATEliWOllKS DEPAIiTMENT. Att.achmf'nts to he rc'po’tod to register. Penalty. Penalty for vio- lating ihi.s onii- iiaiice. Penalty a.gainst plumbers. Ordinance sub- .iect to ordinance Tianies of the persons to whom a license is issued, the price paid therefor, the location of the hydrant, the purpose and' length of time for which it is granted, when granted, and the time of the expiration of said license. No license shall he granted without the number thereof being first entered in red ink on the margin of the book of licenses, opposite the part from which said license is detached, which number shall correspond with the number marked and written on the license issued. Sec. 24. All attachments and alterations, as well as the pur- poses for which the water is to be used, with the location of said attachments and alterations, shall be reported to the register of Avater-rates b}' the plumber making the same AAnthin three days from the making of such attachment, under a penalty of not less than ten dollars for every omission ; and no Avater shall be let on until such report is made. Sec. 25. For an}' violation of the provisions of this ordinance for Avhich a specific penalty is not hereinbefore provided the offender shall be liable to a fine of not less than three nor more than one hundred dollars, to l)c recovered before the recorder as in other cases of violations of oi-di’nance. xVnd if a licensed plumber shall be guilty of a })reach of any of the provisions of this ordinance his license shall be revoked by the su])erintendent upon notification from the register of Avater-rates ; and none but licensed plumbers shall make any repairs or altei’ations to Avater- pipes attached to buildings Avhere the Avater from the AvaterAvorlcs is used, under the penalties hereinbefore prescribed. Sec. 2(). This ordiiiance shall take effect, subject to the provisions of ordinance numl)er five thousand three hundred and thirty-nine (5Bb9), entitled “An ordinance to establish and regulate the board of Avater commissioners, ” approved June 23, 1804. Approved, August 25, 1804. WOKKiroUSK. • (No. 5407.) WO R K 11 OUSE. AN ORDINANCE IN EELA1 Audifor, siiiXM-iiitcMHlenl to file (liiplieate receipts witli., ^ 33 for piireliiises, to be i-epoi't- ed to board of managers 28 board of managers to audit 28 bow paid 28 Hoard of numagevi^, superintend- ent to see to work directed sniierintendent to repoi-t to..2, 3, 4 superintendent to keep inin- liow elected 5 jiresident of. 5 mayor to lie member of 5 duties of. o, 7, S (ptoruin of. 0 may hear and reined}^ eoin- jilaints of prisoners 7 to rejiort to common council... 8 to tix extra pay of prisoners... II to control suixu’intendent in j)unisbin.j prisoners 12 to legulate diet of prisoners... 21 to fix rat(‘ of board of guards 21 Hoarding, of guai'ds. bow i’at(* of I'ixed 24 of prisoners, i-ate of 9 (h7 ondelet., mayor of. may com- mit to workbouse 34 dify to pay (*ertain costs to city City officers, antliori/ed to arri'st escaped prisoiu'rs 29 Clerk of workhouse, siipi'rintend- eni: to perform dnt/ of 3 Clothing, to be furni she'd to ])risoners 31 Coimnon council, to elect board of managers ;.... o sup(wint('nd('nt to i-ejiort to.... 2G (knn.pt amt of prisoners, board ot manag('rs to hear 7 Cost of boarding prisoners, wlien Carond('let to jiay 3(5 Diet of prisoners, who to re'jjfu- late 21 Escaping, persons assisting pris- oners in, maybe arresti'd... 30 pc'nalty for assisting prisoner in 30 Execution, marshal to credit money paid on 9 ION TO THE WORKHOUSE. Expenditures, superintendent to keep account of. ^ 3 supeianteiKb'nt to report to common council 26 Extra pay of prisoyiers, who to regulate 11 Food, iirisoners to have sutti- 4 cieut 4 Gate-keeper, (pialitication and duties ot 3 Guards, superintendent to man- Jige 2 bow appointeel 22 may be discbai-ged 22 duties of. 22 lienalty for violation of duty of.. ; .7 23 suix'rintendent to board 24 rate of board of, bow lixed.,.. 24 Health, officer, may direct lights to b(‘ allowi'd 16 duties of. at workbouse 20, 21 Hospital (city), siidv jirisoners to b(i conv(*yed to 20 Intercourse with prisoners, r(*gu- lat(‘d IS Jja.borof prisoners, rat(* of jiay for 17 board of managers to pri*- sci-ibe o Lights, ^^■ben to be extingulsbed 16 to be allowi'd iirisoners, wIk'ii 16 Marshal (city), (luty of, in com- mitting prisoiK'rs 9 Mayor, nu'mber of board of man- ag(*rs 5 of ( -ai'ondetet, may commit pi’isoners to workliousi' 31 Medicines, to be furnished sick prisoners 20 cost of, to be allowed 20 Officers, city {see city officers). ()fficers of w'orkbouse, board of manag('i‘s to supervise o may arrest e(*rtain persons 30 not to .sell to or trade with prisoners 32 Ordinances, board of managers to s(*e (*x('(;uted '> Penalties against c(^rtaln of- fenses... 23, 30 President of board of managers 5 Prisoners, s u p e r i n t e n d (; n t to manage 2 (U4 WORKHOUSE. W orhhoiiso, caied. Prisoners , siiperint(‘ndent to keep account of § 3 siiperiutoiidciitto keep account of work of. 3 superintendent to note when time of is out 3 to have snfHcient food 4 apartments of, how to ])e kept 4 labor of, board of managers to prescribe 5 board of managers to bear and remedy complaint of. 7 boardinti’ of, rate of. 9 to be divested of [irticles of value 10 bow to be employed 11 to be allowed extra pay 11 bow treated when refractory... 12 may be i)nt in irons, when 12 escaping-, to forfeit time worked 14 not to be credited when in soli- tary coiibnement 15 sick, to be allowed time 15 to be allowed time in inclem- ent weather 15 to be conbned after sunset 16 may be discharged on paying bne and costs " 17 rate allowed for work of. 17 intercourse with, regulated... 18 male and female, black and white, bow kept 19 sick, to receive medicine and nursing 20 may be conveyed to city hos- pital * 20 to woi-k out time, when 20 diet of, who to regnlab* 21 to be furnished clothing 21 may b(* committed from Caron- delet 33 from (Jarondelet, bow treated 34 from Cai-ondelet, Carondelet to pay cost of. 36 rescuing, i)enalty for 30 Receipts, supei-intendent to keep account of. 30 of workhouse, superintendeut to i-eport 26 Refractory prisoners, bow treat- ed....' 12 Report of superintendent to com- mon council 26 Rescuing prisoners, penalty foi'...^ 30 super! nbuident m a y a" r r e s t l)arties for 30 Rules a,nd regulations, board of managei'S to make 5 to be printed and posted 5 Superintendent of workhouse, pro- visions concerning 2 — 35 when ai)i)ointed 2 term of office 2 duties of. 2 — 35 to manage guards 2 duties of clerk to be performed by or under 3 board of managers may bear complaint of prisoners against 7 powers of, over refractor}- pi-isoners 12 board of managers to control, in punishing prisoners 12 duty of, oil escape of prisoner 13 to notify health officer of sick ])rison(‘rs 20 shall appoint gu irds 22 to board guards 24 bow to work prisoners 25 to pay amount received for work into treasury 25 to repoi’t to common coun(*il... 26 may sell certain articles 27 power of, to guard work- house, etc 29 may arrest certain ])ersons 30 not to sell or trade with ])risoners 32 to pay moneys to treasurer 33 to tile du])licate receipt with auditor 34 to receive prisoners committed from Caroiuk'let 35 how to treat prisoners 35 Treasurer (city), superintendent to pay moneys to 33 Trespassing on workhouse 30 Work, rate allowed for 17 amount of, to be placed to credit of fund 25 Workhouse, what to (Mubrace 1 sui)eriut(Mident of 2 clerk of 3 board of managers of 5 Workhouse fund, work to be placed to credit of 25 Bv it ordained hij the Conitnoti Coancit of tt\e Ctty of St. Louis : lo- Section 1. Tlic liouses, iticlosures, ami fixtures erected on that portion of tlie northeast (piarter of block nuinher eig’htv-fivc in the city coinmons which lies between defl'erson avenue and the WOJIKIIOUSE. inacadainizeil Caroiulelet road, be and tliey arc hereby declared to be the ‘‘ Workhouse ot* the City of St. Louis,” and shall be so known and designated. Sec. "2. A superintendent of the Avorkliouse shall be appointed on or l)efore the tliird Monday in December of each year, who shall enter upon the discharge of his duties on the first of January following ; he shall hold his office for one year and until liis successor is appointed and qualified, and his duties shall be : First — To reside in the tenement erected for his residence within the workhouse inclosure, and to have the care and custody of the workhouse, and the grounds, inclosures, fixtures, appur- tenances, and tools, and all property pertaining thereto, and of all persons confined therein, and daily to visit all apartments thereof, and see if the same is properly cleansed and in good order. Second — To attend to the management of the prisoners and guards ; to see, personally, tliat the pi-isoners are employed at the places and at the work directed by the board of managers ; to see, personally, that the guards do their duty ; to attend to the safe-keeping of the prisoners ; to see that the p]‘isoners arc prop- erly lodged and fed ; and to report to the board of managers, at the end of each month, the amount and desciaption of Avork done by the prisoners, the condition of the property of the city con- nected AAdth the Avorkhouse, and such other facts as may be required by the board of managers. Third — To deliver to his successor in office all prisoners con- fined in the workhouse and all ])roperty of the city connected thereAvith. Sec. 8 . The duties of the clerk of the workhouse shall be performed by or under the direction of the siq)crintendent ; and the gate-keeper of the workhouse shall assist the superintendent in keeping the books, and no person to be appointed gate-kee})ei‘ that is not competent to the task. First — Also, the superintendent shall receive all ])ersons com- mitted to the Avorkhouse by the city marshal, and register, in a book to be kept for that ])urpose, the name, age, hight, color, j)lace of birth, ANdiether l)ond or free, of each prisoner received, and such other facts as may be necessary, and the number of Superintendent, wlieii unors. Board of man- agers, how elected. President of hoard. Duties of board. ’!'o .supervise o f • ticers To visit wo I' k- house. description of all such purchases. Second — To attend to the cooking and providing meals for the prisoners, see that they have sufficiency of good and wholesome food, and that their slee})ing apartments are pro|)erly cleansed and ventilated, and to attend to such other duties as may be required of him by the board of managers. Se('. b. At the first stated or called meeting of the council aftei’ the general election in each year there shall be elected by ballot three members of the lioard, who, together with the mayor, shall constitute and be styled the ' ‘board of managers of the work- house.” One of the said lioard shall be chosen president, and shall preside at all, meetings of the board, and perform such Other duties as may be re([uired of him by ordinance. It shall be the duty of the board of managers : Tirst — To exercise a general supervision over the officers connected with the workhouse and the management thei'eof. Second — To visit the workhouse once in every month, and oftener if necessary. WOKKirOUSE. f;47 Third — To ])roscribe the kind of labor, and tlic place where all the prisoners in the workhouse shall he employed. Fourth — To establish such rules and regulations generally for the government and management of the workhouse as they may deem proper, not contrary to or inconsistent with the pro- visions of this ordinance, and to cause the same to he printed, and posted in each apartment of the workhouse. Fifth — To see that the ordinances of the city in relation to the workhouse are enforced. Sixth — To regulate and prescribe the manner in which the superintendent shall make purchases of provisions, clothing, tools, or other articles for the use of the inmates of the work- house. Sec. 6 . A majority of the members of the board of managei’s shall constitute a cpioinin for the transaction of business. Sec. 7. The hoard of managers shall have power to inquire into any complaint made by the prisoners against the superin- tendent or other officer of the workhouse ; and, if they find the complaint to he well founded, shall cause the matter complained of to he remedied. Sec. 8 . The hoard of managers shall, at the opening of each stated session of the council, report to the council any information relating to the workhouse they may deem important. Se(’. h. Whenever the city marshal shall commit any person to the workhouse he shall indorse upon the execution the amount of money that may he in his hands belonging to such prisonei', and shall deliver to the superintendent a copy of the execution under which the commitment takes place, and the indorsement thereon; and the superintendent shall indorse a I'cceipt for the prisoner on the execution held by the marshal. ddie su})erin- tendent shall then enter in a liook the executions and indorse- ments thereon, and the number of days’ labor which the prisoner must give to discharge the execution and costs, with the cost of hoarding added at the rate of thirty cents per day. Sec. 10 . Upon the receipt of any prisoner the superintend- ent shall divest him of all articles of value and all unnecessary wearing appai'cl, and all such ailicles shall he registered in a hook, and returned to the owner upon his being discharged. To proscribe oiii- ployinont tor 1)1 isoner.s. To (‘stablisb rules and regu- lations. To see ordinanc- es enforced. To supervise purchases made Quorum of board . Power to hear complaints of Iirisoncrs. To report to common coun- cil. Duties of ntar- .shal conce/ning prisom-rs. Dn lies of snper- iritondent con- cerni g dis- charge of pris- oners. Pi i.soiiers to re- ceive articles of value on dis- charge. 048 WORKHOUSE. I’lisoiiprs to bo pmi)loye(l, at what tiino. Troatment of refractory pris- oners. SuperinteiidPiit to give notice of escape of prisoners. Prisoners escap- ing to forfeit la- bor (lone . Deductions to be made from cred- it of prisoners. Prisoners to be credited on in- clement days. Sec. 11. The superinteiulent shall keep all persons com- mitted to the workhouse employed at such useful and profitable labor as their health and strength will permit, ten hours each day ; but no prisoner shall be required to work before sunrise or after sunset, except in extraordinary cases, and then he shall be allowed extra pay, to be fixed by the board of managers. Sec. 12. Any person who shall refuse to work, or shall behave in a riotous or disorderly manner, or shall resist or attempt to escape from the workhouse, may be committed to close and solitary confinement, and may be fed on bread and water until he consents to perform his duty, and may, if neces- sary, be put in irons ; but the board of managers shall have power to control the superintendent in the extent and manner of punishment. Sec. 13. Whenever an^^ prisoner shall escape from the Avork- house the superintendent shall immediately notify the mayor and marshal thereof, and shall furnish the latter Avith a descrip- tion of the fugitive and a statement of the manner of escape ; and if he fails so to do Avithin tAventy-four hours after such escape he shall be liable for the amount of fine and costs due from such prisoner. Sec. 11. Any prisoner escaping from the Avorkhouse shall forfeit the time he may have labored therein, and, upon being retaken, shall work out the Avhole amount for Avhicli he Avas originally committed, and the cost of boarding for the Avhole time. Sec. 15. Any person avIio may be placed in solitary confine- ment, or may refuse to perform his task, shall not be alloAved a credit for the time of such confinement or refusal ; and the cost of his boarding during the time of such confinement or refusal shall be added to the amount for Avhich he was com- mitted, and AA'orked out by him. If any ])risoner shall be sick, and, in the o})inion of the health officer, unable to Avork, he shall be alloAved his time as though he had Avorked, but the amount of his board shall be charged to him. If' the weather should be so inclement that tlie prisoners can not Avork, those Avho can not be kept at Avork for that reason shall, nevei-theless, ])e alloAved a credit as thougli they had Avoi-ked, but their board for such time shall be charged to them. WORKHOUSE. Sku. 1G. Prisoners slnill l)o coiirmed within the appropriate apartments within one hour after snnset, and all ligdits in such apartments shall he extinguished hy nine o’clock v. M. between the first of April and the first of October, and by eight o’clock p. M. during the remainder of the year; and no lights shall be allowed in the sleeping apartments of any prisoner except in case of sickness, and then only under the direction of the health officer or other physician in attendance. Sec. 17. Any prisoner may, at any time, pay the superin- tendent the amount of execution and costs, or balance due thereon, after deducting Avork that may have been performed by him ; and, upon such payment, or upon the prisoner Avorking out the fine and costs, or if he shall be otherAvise legally entitled to his discharge, the superintendent shall give the prisoner a printed or written discharge, and set him at liberty. The pris- oner shall be allowed fifty cents per day for his Avork, exclusive of board. Sec. 18. No person, except the mayor, health officer, or a member of the board of managers, shall hold any intercourse Avith any prisoner, unless permitted l)y the superintendent. Sec. 19. The superintendent shall not permit male and female, or Avhite and colored, persons to occupy the same apartments. Sec. 29. Whenever any prisoner is sick the superintendent shall notify the health officer of the fact, Avdio shall thercu})on visit the sick prisoner, and furnish the prisoner Avitli })roper medicines and medical attendance, and the superintendent shall see that the ])risoner is j)r()perly nnrsed and attended ; and the cost of all meense thereof’ shall l)e Avorked off by them in like manner as the amount of fine and costs for 'Avhich they Avei'e committed. Sec. 32. The superintendent or any other officer oF the workhouse shall not be permitted to trade in or sell any aj-ticles oF any kind to the city for the use of the Avorkhouse. Sec. 33. Idie su[)ej-intendent shall pay all moneys received l)y him on account of the Avoi'kliouse into the city treasury at the end of each month, and take' a receipt thcrefoi' from the city treasurt'r, a, duplicate oF Avhich shall be fil('(l in the auditor’s office. Sec. 34. In accoi-dance Avith the provisions of the act of the general assembly entitled “An act to authorize the cities of St. Louis and Carondelet to make an agreement concerning a Avork- houso,” a})proved December fifth, eighteen hundred and fifty-five, M;in;iK('rs On cx- iimiiie anil allow bills. Snporiiiti'ndont to jirevpiit es- cape of prison- ers. Workhouse of- ficers may ar- rest trespass- prisoner: cloUied. Officers not to (leal in ceitain articles. .Superintendent to pay moneys into treasury. I’risoners from Carondelet may be committed to workhouse. WORKHOUSE. the mayor oF the city of Carondelet is hcrehy authorized to com- mit all persons convicted of a violation of any ordinance of said city to the workhouse of the city of St. Louis. iiesniatioiiscou- Sf^c. 35. Tlic pcrsoiis SO Committed shall be received and cermtif; pris- _ ^ 1 -egistered by the superintendent of the workhouse ; shall per- form such labor as the superintendent may direct ; be allowed the same compensation per day as other prisoners ; and be subject, in all respects, to the rules and ordinances of the city of St. Louis in relation to the government of the workhouse : Provided, that no person shall be committed who, from sickness or any other cause, is unable to perform the labor required of convicts at said institution. Costs or prison- Sec. 30. Said city of Carondelet shall pay to the city of St. Louis, for each prisoner so committed, the sum of ten cents per day until such prisoner shall be discharged ; and the city of St. Louis is to refund to the city of Carondelet the costs that may have accrued to the officers and witnesses in the prosecution of the charges against such prisoners : Provided , the same are ])aid to the city of St. Louis after commitment ; settlement to be made by the comptroller semi-annually. Approved, August 10, 1864. MAYOIi AND COUNCILMEN CITY OF BT. TO CIS, FOl! THE YEARS lS(!5-(i«. Mayor, JA3[ES S. TIKnrAS, Salary, $4,000. BOAED OF COMMON COUNCIL. [Councilmeii receive $250 for each stated session, and five dollars per meeting for called sessions. Five dollars to be deducted tor absence at each meeting.] President pro tern . , Amade Valle. Clerk, - (Salary, $1,500.) A. K. Bowyax. Serge(;. J>OUI.S (lOTTSOllAEK I8()7. Third Ward 1. i “ i8(;(i. J I ER.MANX SCIIEI'.MAN'X ‘ '• “ LSI >7. Fourth Ward T< )X Y N I El) KltW 1 ESElt “ 18(;(). A. H. W. Goodwix ‘ " ‘ ‘ 1 81)7 . Fifth Ward loiix Oairxs lsik;. KjtASTus Wells 181)7. Sixth Ward LSI)!). SA.A1EEL ITaXT ‘ • ‘ '■ 181)7 . Senenth Ward (Jus. F. WALTIlElt “ • • 181)1). JOHX G’Briex ‘ ‘ •• 181)7. Fiqhth Ward “ “ 18()(). .loiix Grether ‘ ‘ 181)7. NhitJb W ard 1 )axiel Mo A uli efe “ 18(50. UATltlCK DrISCOLI “ 1807. Tenth Ward ‘‘ ^ • 1800. Charles Schoexreck “ ‘ ‘ 1807 . TABLE OF CriY OFF1CEE8, FOK THE YEARS IS 60 -G-T, WITH THEIR COMPENSATION AND AMOUNT OF BOND REQUIRED. (>54 TABLE OF CITY OFFICERS, FOR THE YEAl^S 18()r)-(J-7 G 5 o ^3 C - - o : •J M : M : , : 5 i S la s ^ - : bb zzr:: TZ Z) 'z: zz >rzi-z^ s =J =: OP^WH;lHOoS^^ s ^ fe' ^ f ■n a, ^ ^ o *SI! ^ hI II &■ ^ c - ^ .s g If. g Lj: '72 w -r ^ 'C) ii ij ^ Cl.— • K-. c i; r- ^ c _. C -- - - c : zi 2 = 2 2 c o i •2 t; o > 2 oC 5^3 •- -H r£; 3 ? -mil HI c ^ a- ! = = ^ ,=: c = O^ < 2 ^ r <1 . 0. ’ii o.S Tl ►>. zz Ji c -2 =: o o OH^ I 650 TABLE OF CITY OFFICERS bamiiel Plant Per meeting $2 00 . Angnstiis Krieckliaiis “ 2 00 Committee on Waterworks A. S. W. Goodwin “ 2 00 (Vacancy.) “ 2 00 _ Charles Schoenbeck “ 2 OO FOR TITE YEARS 1805-6-7. 057 o o o £ o o 2 o o o o o ^§8 ooo O' O' ooo o o CM Ol 01 o o m : : O O ' oi m : o o o o o o O 'O o o oooo ooo o - O O O ooo O' 0^0 O rr " cf I-T r-T r-T ^ gg O o 'X> ’f lO 'O fM O O' 00 IC m CA.' li -* i' . - o z C . - O - - . CP b; <3j O L.- S s i ^ - a, • . . I5cq c . * I— I . ^ ^ 5 - y, o o ' 0 ).;=. o «c ^ 2 cc ^ S S '« V. -S "t; ' "S "f I I I [i, s: ^ u ■2 O' 5 •y .. e C ^ J" ', O to "o o a^§.'K|-S S S s s & o ^o o _ O o;.^ooKi 42 ci - OQ a. io S CP CC bs « ^ cn i. -1^ -O 'TS ■s S C to s to to • S ^ ' &i p to S .52 -^S tpCto k, s g ^ s >'.to "g O . P“ 'S Ib^Vi ©s. t. s. s OOO 1 1 - Cg tC5 ^ to to to ^ 2 to to to “2 2 i^i^s i ^ ^ ^ ^ C58 TABLE OF CITY OFFICEliS Foil THE YEAllS 18(55-0-7 059 88 o o o o o o o o o • o o o • • • o o O' o o O O O O O' o ; O O O' • • • O' O' O’ o o O O O o o O O' o o ; o o o : ; : o o o^* O' rH rH ^\ o\ o\ '>\ o\ lO lO o o • o o 'O : : : rH I— 1 r-T !--—(' I— ( O' . ira o o . . 0 }: (resigned), Solomon P. Ketclium, Bryau Mullanphy. 1836. — John F. Darby, Mayor . First Ward — George Morton, Wilson Primm, Janies .T. Purdv. Second IFartZ— Thos. Cohen, Joseph C. Laveille, .TAS. P. SPENCER. Tliird Ward — Win. Preston Clark, Thornton Grimsley. lliigli O’Neil . Fourth Ward — Charles Collins, Hugh O’Brien, Biyan Mnllaniihy. 1837. — John F. Darby, Mayor . First IFanZ— WTLSON PRBIM, .Joseph S. Peast', Joseph AYalsh. Second TFarrZ— Thos. Cohen, David B. Hill, James P. Spencer (died), Stuart Matthews. Third Ward — Thomas B. Hudson, Peter Tiernan, Asa AVilgus, Fourth Ward — Charles Collins, Abel Rathhone (Mrhin, Hugh O’Brien. 1838. — William Carr Lani], Mayor . First Ward — Benjamin W. Ayers, .To.seiih S. Pease, Jost'ph W \Valsh. Second Ward — k/ouis V. Bogy, DAVID (J)ONS, Stuart Maltla'ws. Third Ward — Meriawether Louis Clark, Hugh O’NOl, Ik'ter Tiernan . Fourth Ward — Aliel Rathhone (-orhin (resigned), Hugh O’Brien, John M. Winier, Giles A. Liiidley. MAYOIJS, ALDEiniEN AND DEEEliATES. 00:3 1880. — William Cauu Lanl, Maijor . ALDERMEN— First Ward — Ik'u jaiiiin W . Ayers, .lames G, Barry. Second \rard — Bi'verlv Alh'ii, Eihvai'd Trae\^ Third Hk/v^— (JEOIKJK GOLLIEK, .John 13. Sarpy. Fourth Ward — .John Lee, Arehil)al(l Can-. DELEGATES— First Ward — Edkanali EAig-lisli, Chai-les Contts (resigned), William 11 mine, G('orge Maguire. Second Ward — William Glasgow, Theodore Papin, David 13. llill. Third Ward — l>azi] W. .ilexandei’, Asa iVilgns, George Trask. Fourth Ward — GliOllGE K. 13UI)I), Abel G. Farwell, Samuel Gaty. 1840. — John E. DarbY; Mayor . ALDERMEN— First Ward — James G. Barry, Benjamin WL Av(‘rs. Second IJW — BEYER EY ALLEN (resigned), ADAM L. MILLS, Thomas Cohen. Thvrd Ward — ’William Bnrd, Archibald E. Orme. Foii7'th Wan'd — Archibald Carr, Horatio N. Davis. DELEGATES— First Ward — Elkaiiah English, Gem-ge Magnire, Hiram Shaw. Second Ward — EDW. BROOKS, .lames Cfemens, Stewart Matthews. Third Ward — Thomas Dresser, George Trask, Thomas H. AVest. Fourth Ward — Geoige K. Bndd, Samuel Gaty, David Weston. 1841. — John D. Daggett, Mayor . ALDERMEN— First 1(«7yZ— . lohn Corcoran ( resigned) , -Tames C. Lynch, Brannock .1 ones. Second Ward — 13. AV . Ayers, Stuart Alatlhews. Third Wal'd — Thomas Coh(‘n, A. L. MHiLS. Fourth Ward — Archibald E. Oiane, James il. Eneas. Fifth Ward — Robert Cathcart, Samuel Gaty. DEI.EGAi'ES— First Ward — .Joseph M. Magellan, Daniel H. Donavan, Thos. Denny. Second Ward — Eilkanah English, Hiram Shaw, lleiiry McKee (re- signed), Edward >Valker. Third Ward — Henry S. (.’ox<‘, ED^C, BROOKS, Henry E. Stone. Fourth Ward — d'homas II. NV{*st, Geoige 'Trask, Ebenezer A'onng. Fifth Ward — Thomas II. Dnncan, d’lu'odore Labeamne (resigned), .V. R. Corbin, .John M. Wimer. 184‘2. — Georgl JIaguiuk, Mayor . ALDERMEN— First Ward — .James C. Lynch, William B. Wood. Second IIVov/— .JAAIES (L BAIHIV, Nathan Ramiey. Third Ward — Edward Brooks. .VD.\A1 L. M I LLS '( rt'signed) , Adam B. (diambei’S. Fourth Ward — Archibald E. Orme, .Josei)h B. (’rockiitt (resigned), B. S. 1 lol lings worth . Fifth ITc/vZ— .John AI . >Vim('r (resigned), Samuel Gaty (resigned), C. Campb(*ll, (diaries 'Todil. DELEGATES— l^\rst Ward — Daniel II. Donavan (ri'signed), d'homas Denny ( re- sigiK'd). Henry (L Lynch, .John (L Mnellei', .John St(*warf. Seco7t(l Wa/'d — Hiram Shaw, Ezra O, English, Ellis Wainwright. Third Ward — George* K. Mc(3 nnnegh*. " Francis .Jones, W’illiain 11. .Jones (resigned), Beriah (didaiid. Fo7i7-th Wa/'d — A^'ital M. (hir(‘sch<*, Louis A. Lalx'anme, .J. S. AA'ood. Fifth Wa7'd — Aliel R. Corbin, 'V. O. Dl'N(LVN, Chas. R. Andm-son. G64 MAYORS, ALDERMEN AND DELEGATES. 1843. — .loiiN M. WiMER, Mayor. ALDERMEN— First Ward — MatMiias Hteitz, .John Witliiioll. Second Ward — WIT^SON PEIMM, Stuart Matthews (resig’ued), .Tohn Black. Third Ward — Edward Cliarless, JjOuis A. Taiheanine. Fourth Ward — iRither M. Kennett, .Joliii B. Camden. Fifth Ward — Anthony Bennett, Thomas Watson. Sixtti Ward — Joseph S. Hull, William S. Stamps. DELEGATES— First Ward — Jacob Smith, .James Caldwell. Second Ward — Ellis Wainwrig-lit, Charles Bobb. Third Ward — Georoe Tv. McGunneoJe Eraneis Jones. Fourth Ward — GEORGE A. HYDE, .John Finnej^. Fifth Ward — iVbel It. Corbin, Enfiis Kayser. Sixth JEarrZ— Charles E. Anderson, .Taeoh Tiee. 1844. — Bernard Pratte, Mayor. ALDERMEN— First Ward — Matthias Steitz, .lohn AYithnell. Second Ward — .John lEack, Ellis lYainwrig-ht. Third Ward — EDWAEl) C'HAELESS, George J\ . iVtcGminegle. Fourth Ward — Jjuther M. I\ennett, .tohn B. Camden. Fifth Ward — Thomas IVatson (resigned), Ai-cliihald Carr, J. W. Ormsbee. Sixth Ward — William S. Stamps, George Mead. DELEGATES— FWst Ward — .Jolm Corcoran, Edwai*d Warrens. Second Ward — Charles BolJj, GEOEGE MOETON. Third Ward — David Chambers, Francis .Jones. Fourth JEarrf— George A. Hyde, Charles Todd. Fifth Ward — Samuel Knox, Cliarles .J. Carpenter. sixth Ward — James Gordon, Hugh Eose. 184.5. — Bernard Pratte, Mayor. ALDERMEN— First Ward — Matthias Steitz, Daniel 11. Donovan. Second Ward — Ellis Wainwright (resigned), .lames G. Barry, B. W. Ayers. Thirdf Ward — Geoi’ge K. McGunnegle, Edward Charless. Fourth Ward — Henry D. Bacon (resigned), Imthci' M. FGmnett, Chas. Collins, .John 11. Hio-don (in lieu of Collins). Fifth Karri— AE Cl H BALD tbVEE, George K. Budd. Sixth Ward — George Mead, .John Hall. DELEGATES— First Ward — Edward Wan-ens (resigned), Amade Valle, Ezra O. English. Second Ward — Thomas B. Targce, EobeiT Holmes. Third Ward — Singleton H. Kimmel, William Glasgow, Sen. Fourth Ward — Charles Herpiembourg, Isaac T. (Ireene (resigned), Charles M. Valleau. Fifth Ward — SAMUEL KNOX. Charles .labine. Sixth Ward — Henry Ivoane, Nathaniel Childs, Jr. 1846. — Peter G. Camden, Mayor. ALDERMEN— First Ward — Matthias Steitz, Daniel H. Donavan fresigiuMl), C(‘org(j Maguir(3. Second Ward — lames G. Barry, Danic'l D. Eage. Third Ward — Ldwai'd Charh'ss, Adam L. Mills. Fourth Ward — Luthei- M. KeniH'tt (i-esigned), .lohn B. Higdon, Stephen W. Adreon. Fifth Ward — GEOEGE K. BUDD. I’eulxMi Knox. Sixth Ward — .John Hall, Nathaniel CJiilds, Sr. MAYORS, ALDERMEN AND DELE(iATES. oof) DEl.EfiATES— First ]Var(f — A. Vulle W. 'rii>-lie, Joliii Dunn. Second U^ard — (’. P. Morse Polx'rt !l()lnu^s. Third ]V1. VALLE AU, Joliii W. Rucker. Fifth Ward — .J . IL Gihsoii (i-esiRiied) , J . S. Freligli (resigned), Charles 11. Roiid. E. C. lilackhurii. Sixth Ward — Henry lloliiies, Isaac II. Sturgeon. DELEGATES— First Ward — SteiJieu Stock, Frederick W. Beckwitli. Second Ward — Beiijainin B. Chain])erlain (died). E. B. Tavlor, AVil- liain Smith. Third Ward — William Carroll, C. Edmund Labeaume. Fowdh Ward — Edwdu Smith. GEORGE TRASK. Fifth 1F«/t/— J ohn Shore (resigned), George Busliey, C. L. Iloltliaus. Sixth Ward — Henry Overstolz^Willis R. Pritchard. 1851. — Luther M. Kennett, Mayor. ALDERMEN- Fh'st Wa;rd — Jolin C. l)egeiihai‘dt, Henr}^ C. Lynch, Second Ward — William Palnu Robert (Tarkson. Third IIW— Jolm J. Anderson, LOUIS A. LABEAUME. Fourth Ward — George W. Rucker, Edward C. Blackburn. Fifth Ward — Charles W. Lightner. Charles H. Pond. Sixth Waml — Henry Ov'erstolz, Thomas L. Sturgeon. DELEGATES— F'irst TFrtrrf— George Bi-emermann, Samuel B. Pilkington. Second Ward — J. T. Moore (resigned), Philip B. Reily, John Mc- Dowell. TJtird Ward — Joshua W. Owiugs, David R. Risley. Fourth TUar^/— RUFUS KAYS'ER, Benjamin C. Fari-ar. Fifth Ward — George Busliey, James McNiehol (resigned), Gar- rison . Sixth Ward — Daniel Crouse (died), Stewart jMcKee, John Brotherton. 1852. — Luther M. Kennett, Mayor. ALDERMEN— First Ward — John C. Degenhnrdt, Hmirv C. Lynch. Second IFa/rZ— ITiilip B. Reily, Robert ('larkson. Third, Ward — .John J. Audei-son (resigned), Louis A. Labeaume, George K. Budd. Fourth IFa/yZ— George W. llueker, ED WARD C. BLACKBURN. Fifth Ward — Thomas J. Beirne, Chailes AVL Lightner. sixth Ward — Thomas L. Sturgeon, John W. Thornburgh. DELEGATES— Fb'st Ward — Samuel B. Pilkington, Frederick P. Snuguiiiette Second Ward — C. C. Simmons, (hiarh's Meld (I’esigiuHl), Martin Dubbs. Third HTwyZ— DAVID II. RISLEY. .loshua W. Owings. Foiirth Ward — J. K. Burtis, Janu'S Ham. Fifth HToyZ— T homas Harsant. W. R. Pritchard. Sixth Ward — Daniel G. Taylor (resigned), Cyrus Spear, .lohn Sexton, Jr. 1853 . — John How, Mayor. ALDERMEN— First Ward — .John C Degenhardt, Samuel B. Pilkington. Second Ward — Philip B. Rinly, Coriudius Cami)belL Third Ward — Louis A. Labeaunu' (i-esigned), David _ R. Risley, (re- signed), William M. MclTierson, T'lu'ophih' Pa])in. Fourth, Ward — Edward (J. Blackburn, John ITai-tm'tt. Fifth lUmZ— THOMAS J. BFIRNE. Eneas IMcdoml. sixth IFa/vZ— John W. Thornburgh, Alfred Heacock. MAYORS, ALDEUJMEN AND DELE(E\TES. (;r)7 DELEGATE^^— FM IFavv/— G(M)roc W. Slierrick, (MIAIU.FS W. (^OTTSCIIA LK . Second Ward — (Muirlos A. Cl:ii-k(*, .loliii II. Rohlf. Third IFavv/— Isaac M. V('itcli, Cliarlos II. ^rillsoii. Fourth Ward — James Ham, Franklin Weston. Fifth Ward — Davis 3Ioore, Geoi'^i’e Kylei-. SCeth Ward — Charles W. Horn, James Graham. 1854. — John IIow^ Mayor. ALDEEMEN— First ira/’fi? -8. !>. Hilkino’ton, C. W. Gottsclialk. Second HM— COUNELIUS (''AMPBELL, Pliilii) B. Reily. Third Ward — Theophile Papin, Daniel G. Taylor. Fourth Ward — Edward C. Blackburn, John Hartnett. Fifth Ward — Eneas McEaul, Norman J. Colman. sixth Ward — J. W. Thornburo-h, Albion T. Crow. DELEGATES— First Ward — Geortre W. Sherrrick, H. J. Hillsdorf. Second Ward — Charles A. Clarke, Henr.v Gi'aetenkanij). T Idl'd Ward — Isaac M. Veitch, Charles H. Tillson. Fourth Ward — Franklin Weston, Joshua Houston. Fifth Ward — Davis Moore, GEORGE KYLER. Sixth IFar(^ — John Sexton, Jr., John H. Niermeyer. 1855. — Washington KinG; Mayor. ALDEEMEN— First Ward — C. AY. Gottsclialk. Georo’c W. Sherriclc. Second Ward — Philip B. Reily, Henry B. Belt. Third Ward — Daniel G. Taylor, Erastns AA'ells, Fourth Ward — E. C. BLACKBURN (died), Franklin AYeston, John Shore. Fifth Ward — N. J. Colman, Geor, (diaries R. Anderson. DELEGATES— First Ward — Henry Almstedt, Ihairy CL Kalz. Second Ward — John II. Abelin, lleiiiy Graefenkamp. Third Ward — Gerhard Scln'innann, ddi(‘Oi)hlle ILpiiii. Fourth SAMUEL SIMMONS, Smith Litcldield. Fifth Ward — John F. Long, C. C. YIcClure. MAYORS, ALDERMEN AND DELEGATES. DEIjEGATES—Continued. SlxtJi Ward — W. Ileatli (iT^signed), Augustus Poiiieroj^ Edw. S. Wlieatoii. Seventh Ward — W^. S. Bachiiianii, C. Tieniaii. Eighth Ward — doliii C. Vogel, Davis Moore. Ninth Ward — William McKee, Robert Graham. Tenth Ward — Andrew Gettj", Daniel McGill. 1857. — John M. Wimer, Mayor. ALDERMEN— First Ward — Hemy C. T.iyiic}i, L. Babcock. Second Ward — John H. Fisse, Braimock Jones. Third Ward — C. C. Simmons, R. M. Renick. Fourth Ward — GEORGE R. TAY^LOR, Amade Valle. Fifth Ward — Charles Tillson, Erastus Wells. Sixth Ward — John Shore, C. C. McClure. Seventh Ward — Charles G. Stitel, E. M. Powers. Eighth Ward, — C. D. Col man, George Kyler. Ninth Ward — James Graham, Charles W. Horn. Tenth Ward — Charles R. Anderson, John Sexton. DELEGATES— First Ward — James Gorman, Henry Almstedt. Second 1F«/yZ — Theophile Papin (resigned), Thomas S. A'elson, Wil- liam D’Oench. Third Ward — E. P. Tony, J. H. Graefenkami). Fourth Ward — Samuel Silnmons (resigned), Fred. Buschmann, Sol. J . Levi . Fifth Ward — A. D. Pomeroy, John W. Bnrd. Sixth Ward — James H. McClure. Tliomas R. Axtell. Seventh Ward — Thomas A. Dailey, Robert Kinnear. Eighth Ward — JOHN” C. VOGEL, Davis Atoore. Ninth Ward — William AIcK(!e. Conrad Doll. Tenth Ward — Felix A. Al(^Donald, James R. Dobyns. 1858. — Oliver D. FiLLEig Mayor. ALDERMEN— First Ward — h. Bal)cock, Thomas Allen. Second Ward — Bran nock Jones, F W. Cronenbold. Third Ward — R. M. Renick, J. 11. Graefenkamp. ) Fourth Ward — Amade Valle, John G. Shelton. Fifth IFa/G— Erastus Wells, Charles Tillson Sixth Ward — S. W. Adreon, C. C. AlcClure. Seventh Ward — Thomas J . Dailev, F. W. Corbitt. Eighth IPa/YZ— GEORGE KYI.ER, John C. Vogel. Ninth Ward, — Charles W. Horn, Patrick Gorman. Tenih Ward — John Sexton, Janies Doyle. DELEGAIES— First Ward. — Fredericlc Hohenschildt, Henry Almstedt. Second TllOM.VS S. NELSON, J. (>. Vogel. Third Wa.rd — Philip 11. Bishop, ^Villiam Ilorine (resigmal), George Bayba. Fourth' Ward — Sol, J. Levi, liTi Stout (resigned), John Voung. hifth 1 Go y/j- B ernard PraXte, Jr., Peter Ambs. Sixth Ward — James S. Wilgus, Dwight Durkee. Seventh Ward — John J. Wilshusen, Jiisse W. Heath. Eiqhth Ward — Davis Moore, Horatio AYood. Ninth IGoy/— D ani(>l McGill, (Caspar Stolle. Tenth Ward — *James R. Dobyns, Nicholas Hatch. MAYORS AND COUNCILMEN. 1859. — Olive II 1). Filley, Mayor. 099 COUNCILMEN— Flrnt Ward — I'liomtis Allen, Henry Kayser. Second Ward — F W. CronenLold, Tliolnas S. Nelson. Third Ward — J. H. Graefenkainp, Tlieophile Fnpin. Fourth Ward—.^. 11. Shelton (resigned), GEORUF R. TAYH.OR, John 11. Andi-ews. Fifth Ward — (diaries It. Tillson, Erastns Wells. sixth Ward — S. W. Adreon, Dwight Durkee. Seventh Ward — Francis II. Manter, Caspai- II. llolthans. Eighth Ward — John C. Vogel, George Kyler. JVinth Ward — Patrick Gorman (resigned), "Caspar Stolle, John Reilly. Tenth Ward — James Doyle, John Sexton, Jr. 1860. — Oliver D. Filley, Mayor. COUNCILMEN— First Ward — Ileiiiy Kayser (resigned), Thomas C. Chester, Joseph II. Locke. Second Ward — Thomas S Nelson. F. W. Cronenbold. Third Ward — Tlieophile Papin (resigned), G. W. Dreyer, P. A. Ladue. Fourth Ward — Jotliam Bigelow, John II. Andrews (resigned), Thos. Bnrke. Fifth Ward — Erastns Wells, Josejih H. McBride. Sixth Ward — Dwight Dnrkee, S. VV. Adreon. Seventh lUarr^— F. II. MANTER, J. W. Crane. Eighth Ward — George Kyler, John C. Vogel. Ninth Ward — Caspar Stolle, Isaac 1'. (jreene. Tenth Ward — John Sexton, Jr. (resigned), L. W. Mitchell, Thomas M. Speers. 1861. — Daniel G. Taylor^ Mayor. COUNCILMEN— First Ward — Thomas C. Chester, .J. Galiriel Woerner. Second Ward — F. W. Cronenbold, Thomas S. Nelson. Third. Ward — G. W. Dreyer, John F. Thornton. Fourth Ward — Thomas Bnrke, Robert M. Fnnkhonser. Fifth IFanZ— Joseph II. McBride, FRASTUS WELLS. Sixth Wan'd — S. VV. Adreon, Dr. J. B. Burnett. Seventh Ward — J. ML Crane, Earl Matlack. Eighth Ward — John C. Vogel, Robert Tliornhiirgh. Ninth Ward — Isaac T. Greeiu!, Patrick Driscoll. Tenth Ward — L. W. Mitchell, Thomas iM. Speers. 1862. — Daniel G. Taylor^ Mayor. COUNCILMEN— First Ward—,]. GABRIEL WOERNER, John C. Rust. Second Ward — Thomas S. Nidson, F. W. (h-onenbold. Third. Ward — John F. Thornton, G. W. Dnyer. Fourth Ward — Robert M. Fimkhouser, Tony Niederwieser. Fifth Ward — Erastns Wells, John (Jairns. Sixth Ward — J. B. Bui-nett, Joshua Cheever. Seventh Ward — Earl Matlack, Thomas J. Dailey. Eighth Ward — Robert ThoriAurgh, Charhis W. Horn. Ninth Ward — Patrick Driscoll, Solon Stark. Tenth Ward — Thomas M. Speers, Aaron W. Fagin. 1863. — Ciiauncey 1. Filley, Mayor. COUNCILMEN— First Ward — John C. Rust, J, Gabriel Woerner. Second Ward—V. W. CRONENBOLD, Charles W. Gottschalk. Third Ward — G. W. Dreyer, Hermann Schepmann. 070 MAYORS AND COUNCILMEN. COUNCILMEN— Continued. Fourth Ward — Tony Niederwicser, Henry McKee. Fifth Ward — John Cairns, Erastns Wells. Sixth Ward — Joshua Cheever, Samuel Plant. Seventh Ward — Thomas J. Dailey, Fred. Doering’. Eighth Ward — Charles W . Horn, John Grether. Ninth TFarrZ— Solon Stark, Patrick Driscoll. Tenth Ward — Aaron W. Fagiii, Benjamin Charles (resigned), Chas. Sessinghans (died). 1864. — James S. Thomas, Mayor. COUNCILMEN— First Ward — J. G. Woerner, A. Krieckhans. Second Ward — Charles W. Gottschalk, Henry C. Gempp. Third IFarrZ— Hermann Schepmann, Amade Valle. Foiin'th Ward — A. S. W. Goodwin, Tony Niederwieser. Fifth Ward — Erastns Wells, John CairiiL Sixth Word — Samuel Plant, Joshua Cheever. Seventh Ward — Jesse W. Heath, Henry Stagg. Eighth Ward.— JOHN GEETHEP, Charles W. Horn. Ninth Ward — Patrick Driscoll, Daniel McAulitfe. Tenth Ward — Charles Schoenbeck, Charles Borg. 1865. — James S. Thomas, Mayor. COUNCILMEN— First Ward — A. Krieckhans, Christopher A. Stiefel. Second Ward — Henry C. Gempp, F. W. Cronenbold (resigned), Louis Gottschalk. Third Ward — Amade Valle, Hermann Schepmann. Fourth Ward — Tony Niederwicser, A. S. W. Goodwin (resigned and re-elected) . Fifth Ward — John Cairns, Erastns Wells. Sixth Ward — Joshua Cheever, Samuel Plant. Seventh Wa?rl — Henry Stagg (resigned), John O’Brien, Charles F. Walther. Eighth BW— Charles W. Horn, JOHN GEETHEE. Ninth Ward — Daniel McAnlifte, Patrick Driscoll. Tenth Ward— Charles Borg, Charles Schoenbeck. INDEX TO CONSTITUTION OF MISSOURI ACC’USATION, rigTit to (Dniimid nature of 15 AC(JUSEI), privile.<^ed from testifying 15 ACTIONS, commenced, to continue under this constitution 33 ACTS, how amended, revived, or re-enacted 25 style of 25 ADDliESS for removal of judges, liow made 20 ADJOUKNXIENT of general assembly, provisions concerning 23 AFFIEXIATION, wlien permitted instead of oath 10 AGE, general assembly prohibited from declaring minors of 23 AMEIIK'AN NATION, ])eople of State i)art of 14 severance of. to ])e resisted 14 AMERICAN UNION, connection with 14 dissolution of to be resisted 14 state inembei’ of 14 AMENDING constitution, mode of 34 AMENDMENTS TO CONSTITUTION, how proposed 32 vote on, how taken 32 to be published 32 people to vote on 32 when ratified 32 AUREAL, from circuit and district coui'ts 28 AUUOINTMENT of olUcers, how inad(‘ 27 AURORd'IONMENT of scmators and n'presentatives 22 AURROURIATIONS for army, how made 10 ARMS, right to bear 15 ARMY', ai)pi’ 0 })riations for, how made 10 persons in regular, prohibit(‘d from voting 19 ARRES'F, voters privileged from 20 ASSEMBLE, right to.... 15 ATTORNEV-A4’-LA\V, to take Oiith 19 ATd’ORNEY G ENER A I., ollice created 20 qualilications of 20 may b(* impeach(>d 30 member of board of edmaition 31 AUDITOR, STATE, ollice created 20 qualilications of '-^0 may be impeached 30 style of 30 AUDITOR OF UUBLIC ACCOUNTS, how styled 30 (372 INDEX TO CONSTITUTION OF MISSOURI. liATL not to bo oxcessive IG liAIT.ABLE OFFENSES, what to be IG BANKS, provisions concerning 30 not to drcnbite bills 30 enabled to oi-«-anize under act of congress 31 BETTING ON ELECTIONS, ])enalty for 19 BILLS, where to originate 23 bow to be read 23 liow signed 23 majority necessary to pass 23 when question taken on 23 to be presented to governor 25 power of governor concerning 25 bow proceeded on when vetoed 25 to become laws when not retnrned 25 BISHOPS, to take oath 19 BOAIID OF EDUCATION, created 31 powers of. 31 who members of. 31 BBIBPIRY AT ELECTIONS, i)enalty for 19 general assembly to pass law against 21 BRIDGES, general assembly not to order 24 CENSUS, when to be taken 22 CERTIORARI, supreme court may issue writ of. 27 ClI lEF M AG 1ST RATE , who to bJ. 24 style of. 24 CHANGING NAME, general assembly prohibited from 24 CHURCH, no one to have preference 15 how incorporated 15 CIRCUIT COURT OF ST. LOUIS COUNTY, provisions for 29 judges of, how appointed. .7 29 how classilied 29 how held in absence of judge 29 CIRCUIT COURTS, created..... 27 appeals from 28 jurisdiction of. 28 time and place of terms of 28 to exercise control over justices 29 bow held in absence of judge 29 (JIRCUITS, state to be divided into 28 when not to he changed 28 -CITIES, general assembly to authorize no railroads in 24 genei’al assembly not to interfere with streets in 24 how in(;or})orated 31 CIVIL POWER, militaiy subordinate to IG CLERGYMEN, to take oath 19 CLERKS OF COUR'I’, how appointed oi‘ elected 29 t(‘rm of ollice of : 30 maximum of emoluments of 30 INDEX TO CONSTITUTION OF MISSOUlil. r()rJ.K('''r()RS, inclio-iblo to ass(Mnbly asscMubly not to i^rant oxt(*iision to (''OLOIt, no (lis(inalilk*ation, when ( 'OMMISSIONS of ollicers, liow niado out (’OMMl'NICA'IMON of tlion.irlit, ri^jlit of. OOM.MUTA'riOX of pnnislinunit, who may grant CO^rrKXSATIOX, of governor, how tixed of lieutenant governor of g('nei‘al a.«senil)iy of judges, bow lixed CONCURRENT RESOLUTIONS, to be ])resented to governor. ])roeeedings on "! CONOREOATION, religious, liow incorporated conveyances to, void (AINGRESSMEN, ineligible to general assembly (CONSCIENCE, lil)erty of, secured CONSERVATOR OF THE PEACE, governor to be judges to be CONSTITUTION, ordained, preamble how created and abolished what to conform to general assend)ly nui}" re])eal part of. how amended when to take etfect election on ado])tion of. (CONSTITUTION, AMENDMENT’S TO, how proposed vote on, how taken to be j)ub]ished l)eopl(‘ to vote oji when l atilied 22 24 27 16 .. 25 .. 25 .. 26 .. 23 .. 29 .. 25 .. 25 .. 15 .. 15 .. 22 .. 15 .. 25 .. 28 .. 14 .. 14 ... 14 .. 20 .. 34 .. 34 .. 35 .. 35 ,. 35 .. 35 .. 35 .. 35 CONSTITin’lON OF THE UNIT’EI) STATES, allegiance to 15 ( ’ONTEST’EI) ELE(,’T'I()N, of Ooveiaior and Lientenant Gov(*rnor, how tried 26 of State ollicers, howti-i(‘d 26 of sherilf, how trical 27 of coroner, how tried 27 of judges of snpiaMiie court, bow tried 28 of judges of circuit courts, how tried 28 (’ONT'RACT', color no dis(tnali1ication to 14 CONT'RA(C'rS. to snpi)ort, church, etc., binding 15 laws imt)alring, ])robibit(“d 16 (’ONVENT'ION, vole for may b(; ordercMl 34 wIkmi and how calk'd 34 (Tection for, how condnct<*d powers of ('ON VKVITON , certain, not to woik (rorrnption of blood. CORONERS, ntlice created qualitications of. term of otlic.e of when governor mav a[)point 4a 34 34 16 26 26 26 2 (; 074 INDEX TO CONSTITUTION OF MISSOURI. ( -OKONERS — Continued. to ^ive sociirity 26 vacancy in office of, how tilled 27 election of. 27 contested election of, how tried 27 CORPORATIONS, provisions concernino- 30 not to issue or circnlate Ihlls 30 acts creatino-, not to be revived, wlien 30 how created 31 laws concerning subject to ainendnient 31 CORPORATIONS, MUNICIPAL, how created 31 CORPORATIONS, PRIVATE, how dues of secured 31 liability of stockholders in 31 C'ORPORATIONS, RELIGIOUS, prohibited 15 CORRUPTION OF BLOOD, prohibited 10 COL^NSEL, right of accused to 15 COUNSELORS AT LAW, to take oath ID COUNTIES, establishinent of, prohilhted, when 24 COUNTV COURTS, to district counties 21, 22 to till certain vacancies 27 to decide certain elections 27 to be established 30 jurisdiction of. 30 COUNTY SEATS, not to be removed 24 COURTS, to be open 15 provisions concerning 27 — 30 general assembly to create certain 27 CREDIT OF STATE not to be loaned 33 CRIME to work no forfeiture 10 CRIMINAL PROSECUTION, rights in 15 DEACONS, to take oath 10 DECLARATION OF RIGHTS 14—10 DEEDS, general assembly not to give <*ffect to certain 24 DENOMINATIONS, religious, conveyances to, void 15 DISQUALIFICATION, color not to subject to 14 of voters 17, 10 of voters, how removed 20 DISTINCTIONS, hereditary, prohibited 1(5 DISTRIBUTION OF POWERS 21 DISTRICT COURTS, created 27 how (‘omposed 2S jurisdiction o-f 2S api)eals from 28 DISTRICTS, of sui)rem(‘ court, how fixed 27 DIVIDENDS, certain, to l)e ai)i)lied to school fund 31 DIVISION OF SUPREME COURT, ])rovisions concerning.. 28 DIVORCE, genei-al asscmihly not to enact 23 DUEL, persons engagc'd in ineligible to ollice 33 INDEX TO CONSTITUTION OF MISSOURI. f)75 EDITCATION, color not to hinder aciquiring of 14 l)ro visions concei'iiin^ IK) — 32 funds for, to be applied to school fund 31 EDUCATION, BOARD OF, created 31 powers of 31 inenil)ers of. 31 ELECTION of otlicers of general assembly 24 ELECTION RETURNS of certain officers, how made 26 El.ECTIONS, to be free and open 15 to be by ballot 16 liow long to continue 16 when to be held 16 bribeiy in, penalty for •. 19 persons betting at, not to vote 19 who may vote at 19 — 20 contested, how tried 26 EMANCIPATED PERSONS, how apprenticed 33 EMOLUMENT, hereditary, prohibited 16 of clerks, maximum of. 30 ESCHEATED LANDS, ETC., to go to school fund 31 ESTRAYS, proceeds of, to go to school fund 31 EVIDENCE, accused not to give against himself 16 EX-POST-FACTO LAWS, prohibited '. 16 EXCESSIVE BAIL, prohibited 16 EXCESSIVE FINES, prohibited 16 EXECUTIVE DEPARTMENT 24 EXECUTIVE POWER, how vested 24 EXPENDITURES, account of, to be published 33 FELONY, attainder of, prohibited.. 16 FINES, to go to school fund 31 E()RFEITURE of estates, when allowed 16 FORFEITLTIES, to go to school fund 31 FREFi SCHOOLS, general a.ssembly to establish 31 may be separate for colored children 31 GENERAL ASSEMBLY, may chatige time of elections 17 to ])rovide for vote of absenh^es 20 may repeal certain part of constitution 20 certain vote of, how taken 21 to enact penalties against bribery 21 how compo.sed 21 to ascertain ratio of rei)reseutation 21 who ineligible to 22 vacancies in, how tilled 22 eomi'ensatlon of members of. 23 quorum of each house of. 23 members of, prlvihyed from arrest ; 23 powers of each house of. 23 each house of, to publish journal 23 when to take yeas and nays.... 23 67G INDEX TO CONSTITUTION OF MISSOURI. GENERAL ASSEM BLA^— Continued . sessions of, to be open 23 juljourninent of, liow determined 23 either lionse of, may originate bills 23 prohibited from passing certain laws 23 to pass general laws 24 to authorize no lotteiy 24 to allow no compensation for slaves 24 prohibited from removing comity seats 24 when to reduce or establish new comities 24 to provide for suits against State 24 time of meeting of 24 governor may convene 2.") powers of, at called sessions 25 to decide certain contested elections 20 to fix disti-icts of supreme court 27 to provide for terms of circuit courts 28 to provide for election of judges 28 may increase number of judges 29 to carry out certain provisions 30 to prohibit issue of bills 30 not to revive certain acts 30 to enable banks to organize under act of congress 31 to provide for sale of certain stock 31 to establish state university 31 to direct investment of school fund 32 may compel attendance at school .32 may levy school tax, when 32 to distribute school fund 32 to provide for oi'ganizing militia 32 to provide for pay of militia 32 not to interfere in land titles 32 may repeal ordinances of conventions 33 to provide for certain indictments 33 to prohibit cities, etc., from taking certain stock 33 lirohibited from releasing certain liens 33 liroceedings in. to amend (*onstitution 34 may order vote to call convention 34 (lENEHAL LAWS, general assembly may pass 24 GIFTS TO STATE, to go to school fund 31, 32 GOD, right to worship 15 GOSPEIj, no one to be compelhal to maintain minister of 15 contracts to maintain minisb'r of, binding 15 GOVEB.NMEN'r, established, preamble 14 liovv originating 14 who to regulate 14 GOVEBNMENT OF 4dIE UNITED Sd'ATES,' allegiance to 15 GOVEBNOB, wlien to issue writ of ekatlion 22 to be chi(;f maglstrab' 24 executive power vested in 24 % INDEX TO (HmSTITUTION OF MISSOUIIL (>77 GOVIOIINOK — Continued. (lunliticiilions of. 24 t('iiu of ollicio of. 24, 25 liow elo(*t('(l 24 when to bo eligible 25 to bo ooiuiuandor-iii-oliiof of militia : 25 par(loi)iii. compensation of. 2(5 PRESS, liberty of, secured 1<> PRIESTS, to take oath 19 PRIVATE PROPERTY, not to be taken without conpxMisalion 15 PROCESS, how to run 30 how attesled 30 INDEX TO (H)NSTITUTr()N OE MISSOURI. G81 PR()l’Eiri"S', color not to dissnhlo IVom lioldiii^ 14 liow to 1)(* tn\(“d H) noiu' (‘X(“inpt troni tiixatloii ‘24, lit 1*K()SE('U4M()XS, ci-iiniiial , ri»-hts of accused in lo, 1(5 for lilx'l, how dcfcnih'd Id* to continue under this constitution 8.‘3 PUBLIC LANDS, proceeds of to g-o to school fund 31 PUNISHMENT, coloi* to caus(' no ditfercnce in 14 ciaicl or nnusnal, i)rohihitcd 10 PURSUIT OE HAPPINESS, right to, secured 14 QUALIFICATION of voters It), 20 of senators 22 of rejiresentatives 21 of governor > 24 of secretary of state 26 of state auditor 26 of treasure!' 26 of attoi-ney genej-al 26 of sheriffs 26 of coi'oners 26 of judges of supreme court 20 of judges of circuit courts 20 QUO WARRANTO, supreme court may issue writ of 27 QUORUM, of houses of general assend)ly 22 power to compel attendance of. 23 of supreme court 27 RAITjROADS, general assend)ly not to establish in cities 24 RATIO of representation 21 REAL ESTATE, general assembly not to (Miact sale of 23 RE('EIPTS AND EXPENDITURES, account of, to be published, 33 REDRESS of grievances, i-lght to a[)i)ly for La REtJISTER OF LANDS, ollice to continue, how long 36 REC IS4’R ATION OF ^'OTERS, general assembh^ to provide for... 17 to be evidence of ([ualilication 18 how to be mad(‘ 18 RE.IEt^TED V04'ES, to be ceititied 18 RELICION, contiau'ts in furtherance of, valid 15 no one (‘omiadhal to maintain teachei* of. 15 RELICIOUS CORPORAd'ION, prohibited 15 RELKJIOUS OPINION, not to dis(pialify 15 RELIOIOITS SOCIE4A', how incori)orat(Ml 15 gifts to. void 15 RELKJIOUS WORSHIP, coloi- not to subject to i-esti-iction in 14 REMIH)^' for injuries, to lx* crei-tain 15 REMONS'I’R ANCE, right of, secured 15 REPRESEN4'.\4'ION. ratio of 21 REPRESENTA4'I\’E DISTRICTS, how divided 21, 22 REPRESENTATIN'ES, (‘lection of. 21, 22 (lualilications of. 21 G82 INDEX TO CONSTITUTION OF MISSOURI. RK PJJ ESE NT A T IVRH— Continued . removing’ from district, effect of 22 ■ineligible to appointive otlice 22 l)iivileges of 23 compensation of. 23 If E Pit I V E S . who may grant ’ 25 IIESOLUTION.S, concurrent, to be presented to governor 25 JfESTlIAINTS, coloi- not to subject to 14 RETROSPECTIVE LAWS, prohibited 10 RIGHT, how to be administered 15 of conscience, secured 15 of suffrage 1(5 RIGHTS, declaration of 14 ROADS, general assembly not to change by special act 24 SCHOOL, general assembly may compel attendance at 32 tax for support of, may be levied 32 SCHOOL FUND, how derived 31 how invested 31, 32 general assembly to direct investment of. 32 districts and counties to receive, when 32 how disti-ibuted 32 SCHOOLS, FREE, to be estahlished 31, 32 for colored childreii 31 SCHOOLS, PURLIC, superintendent of, to be elected 31 SEAL OF STATE, how kept 2(5 SEARCH WARRANTS, how to be Issued 1(5 SEARCHES, um-easonable, prohibited 1(5 SEAT OF GOVERNAIENT, estaldished 33 SECRETARY OF STATE, oflice created 2(5 qualifications of. .j 2(5 election returns to be made to 2(5 to keep state seal 2(5 to authenticate pul)li(' acts 2(5 to register pul)lic acts, 2G to authenticate commissions 27 may be impeached 30 mem])er of board of education 31 SECT, RELIGIOUS, to have no preference 15 conveyances to, void 15 SEIZIH’ES, unreasonable, prohibit(‘d 1(5 SENATE, part of genei-al ass(Mid)ly 21 how composed 21 quorum of 23 may comi)el attendance of members 23 to appoint its officers 23 judge of quallllcatioiis of memlxu’S 23 to def(*i’miuG- I’uh's of proceeding 23 may i)unisb for (tontempt 23 may exi)el memlx'rs 23 INDEX TO (H)N8TlTUTr()N OF MISSOURI. m) S I'j N A^rE— . to keep niul })ul)lisli journal 2:i to take vote by yeas and nays, wlien 23 sessions of, to be open 23 bow to adjoniai — 23 may originate bills 23 l)resident of, to si^n bills 23 lieutenant governor to preside over 2(5 president of, to act as governor, when 2G compensation of president of. 20 niaj^ require opinion of supreme court 28 to try impeacliments 30 SENATORIAL DISTRICTS, in counties 22 how apportioned 22 may be altered 22 provisions concerning 21, 22 to be numbered 22 SENATORS, election of. 21, 22 qualifications of 22 classification of. 22 removing out of district, effect 22 not eligible to certain offices 22, 23 privileges of 23 compensation of 23 SERVITUDE, involuntary, prohibited 14 SLAVERY, probibited...^ 14 SI.AVES, general assembly to allow no compensation for 24 SIIERIPFS, office created 20 qualifications of. 20 to give security 2() when governor may api)oint 20 term of office of. 2(5 vacancy in office of, how filled 27 election of. 27 contested election of, how tried 27 SDCIETY, religious, how incor])orated 15 conveyances to, void 15 SOLDIERS, regulars, not to vote 10 liow quartered 1(5 SPEAKER OF HOUSE, when to act as govciuor 20 SPECIAL AUTS, general assembly not to pass certain 23, 24 SPECIAL ELECTION, when not' to be held 17 SPEECH, libia-ty of, secured 10 STATE, credit of, not to he loaned 33 not to hold stock in c(*rtaiu corporations 33 STATE AUDITOR, who to be styled 30 STATE UNI\' ERSITY , general assemblv to estabilsh 31 STATUTE LAWS, how to remain in fonte 33 ST. LOUIS (3)UNTY", to form Judicial circuit 29 SUFFRAGE, l ight of, 10 G84 INDEX TO CONSTITUTION OF MISSOURI. SUrCIDE, esbit(i of, how vesh'd IG SUPIIEME ("OURT. created 27 jurisdictioii'of 27 to control iiif(a-ioi‘ coui'ts 27 powers of 27 liow eoinj)osed 27 quormn of 27 judges of, to be conservators of the peace 27 districts of. 27 term of ottice of judges of. 27 election of Judges of 27 classitication of. 27 vacancy in, liow tilled 28, 29 contested elections for, how tried 28 may appoint special judges, when 28 who may re(piire opinion of. 28 V TxVX, general assemhlv may levy for sn})poi-t of schools 82 not to he imposed on lands of I’nited States 32 TAXATIOX, power of general assem])ly concerning IG no property to he exempt from 24, 84 TAXES, collecting, time for, not to he extended 24 TEAf'IlERS OE KELKITOX, none compelled to support 15 contracts for support of, binding 15 conveyances to, void, when 15 THOUGHT, right to communicate IG TITLES, certain, prohibited IG TOWNS, general assem])ly not to interfere in streets, etc., of. 24 general assembly not to authorize railroads in 24 TREASON, what to constitute IG no one to be attainted of. IG may work forfeiture of estate IG governor i)i'ohi])ited from i)ardoning 25 TRIAL by jury, right of, inviolate 15 TREASURER, state, ollice ci‘(aited !2G (pialilications of. 2G may l)e impeached 80 TREASUIvY, how money to l)e drawn trom 88 UNION, American, connection with 14 state to be member of. 15 dissolution of. to be resisted 15 UNITED STATES, lands of, not to be taxed 82 persons holding ollice under, ineligible 88 UNIVERSITY, general assembly to (vstablisli.. 81 UNREASONABLE seai’ches, pi-ohibited IG si'izures, prohibited 1<» VA('AN(TES, when governor may till 25 VACANCA' in ollice of govei’iior. how tilh'd 2G in ollice ol sberilf or coronei', how tilled 27 INDEX TO (’ONS'lT'rU'ITON OE MISSOURI. VAC A X C Y' — Continued . ill siipiTiiio eoiirt, how tilled 25, 29 ill eirciiit court, how tilled 28, 2t> VK'ro of »-ovenior 25 VIVA VOCE, what votes to he ^iveii 24 VOTE oil coii.stitiitloii, ])rovisioiis coiiceriiiiig 54, 55 VO'J'EKS, disipialilicatioii of 17, 19 registration of, to he provided for 17 to take oath 18 form of oath of 18 oath of, not eonclusive of right to vote 18 who to determine riglit of, to vote 18 rejected votes of, to be registered 18 qiialilication of 19, 20 absent from state, how to vote 20, 55 privileged from arrest..... 20 disipialitication of, how removed 20 oath of, on new con.stitiition 55 penalty for, on taking false oath.. 55 WAGERS, persons interested in, not to vote 19 WARRANTS, how to be issued 1(5 WILES, general assembly not to give ellect to 24 WITNESSES, color no disqualiticalion to 14 right of parties to 16 WORSIIIR, religious, color not to subject to restriction in 14 no one comiielled to su[)[)ort place of. 15 no ])reference to be given to any mode of : 15 WRITE, liberty to 16 WRrrS, supi-eme (tourt may issue certain 27 how to lun 50 how attested 50 to contimui under new constitution 55 of Juiheas corpus^ susjiensiou of iii’ojiibiti'd 16 of habeas corpus^ sujireme court may issue 27 YEAS AND NAYS, when to be talum 25, 25, 54 i .'it % '>■ 'ri- : rt ' . .O'i’* *■ »j»» I '. ■•■ ' ' • ■ ., !;»• n'i <'• ' I ,'i ' . t'v! '.J.f'i.' ■iiv^rr: ■ ' • * ‘'‘'■i*"«’ ■ I ; , '■ . ,. ■ ' . ” . . , .;! ' ■■ ■ ■ .’-i •.,• ’ , ■ ; : 1. 1 *jv ;•■ j h- • •'.( ■ ' ■ 5 / '. ) *t.',V y /f I f. (If I' i;*:'!-.' ... . ' Ti'. ■ • ■ 1 ’ •'.’ r^.Ci V, '^ r '■ '■ ■'; ■ .r‘/}Xxi‘%f> : j'i"'"*." » iV' - ^ r-/* M y* 1 ' btfi'l' r^' /» ■- ... . .“ . .y . I, , > I -i.< ■ i(uv' » . .1 t*r ' ' J’V: • ■ -r: .Ij- .' ■,!■>. ) '(.•■ ,. . J* '.I . :■ .• . ‘j'l *Jl. ^ , I ' ■/ ' ■■ ' >{(/*■ . .Vmj/ i INDEX TO CHA]{TERS AND LAWS. ABANDOXKI) CIIILDRKX, may be eommitted to bouse of refuge... 25:? AlbSENT AIEAIBEl’S, power of eouueil to compel atteiidance of. 181 ABSTRACT of proceedings of council, to be published 182 xVCTlONS, for real estate, limitation of, against city 179 by city, to be in name of city of St. Louis 279 ADVANCE FAY for gas, limitation on 227 AFFRAY", otfense described 255 penalty for 250 ALCOHOL, common council may ])rovide for inspection of 189 AIiLEY"S. powers of common council concerning 180, 190 proceedings to open 200, 201, 202 comtnoii council may order, to be cleaned and paved 200 cost of paving and repairing, bow paid 203, 204 duty of engineer to keep in repair 203 common council to order grading and paving of, when 203 AMUSEMENTS, i)Ower of common council to license, etc 187 APPEALS fi’om justices in suits on deliiuiuent tax bills 223 APPOINTMENT OF OFFICERS, common council to provide for... 189 APPROPRIATION BILLS, yeas and nays to be taken on 182, 183 vote necessary to pass 183 APPROPRIATIONS, FOR POLK’E IMJRPOSES, Cf)mmon council to make 212, 247 maximum of. 212, 247 bow to be made 247 APPROPRIATIONS, common council to make certain 212 for wharf, bow to be api)lied .* 212 for special ol)jects, howto be aj)pUed 212 not to exceed income of preceding fiscal year 212 exceeding amount on band, probibib'd 213 to be diverted by oi-dinance only 213 amount of, to be repoj-ted to common council 213 At^IJEDUCTS, power of common council to lay 232 ASSESSMENT OF PROPERTY, bow to be made 220 duty of assessor when made in wrong name 221 duty of assessor when omitted 221 ASSESSOR, office created 195 duties of 19(5, 205, 220, 221 AUCTIONEERS, powers of common council to tax, etc 187 AUDITOR, to be elected 195, 19(5 term of office of. 195 office of created 195 f;88 INDEX TO CHARTERS AND LAWS. AUl ) TTOR — Co7ifinued . duties of. 195, 196 to report Hiiiouiit of revenue, etc., wlieii 213 books of, to lie evidence against delinquent otRcer 214 AVENUES, powers of common council concerning 186, 190 proceedings to open 200, 201, 202, 203 (See, also, Streets.) AVPlllAGE BILLS, gas company proliibited from making 228 AYP^S AND NOES, when common council shall take 182, 183 BAR-ROOMS, ma,y be ordered to be closed, when 260 BAWDV-IIOUSES, power of common council to suppress 188 BIlEF, power of common council to cause to be inspected 189 BELLPIFONTAINE RAILWAY COMPANY, incorporation of 266 BENEPM'rS, on opening streets, etc., bow assessed 201 to be lien on projierty until jiaid 201 BILLIARD-TABLIilS, power of common council to license, etc 187 BILLS, when common council shall take ayes and noes on 182, 183 to be read on three days 183 to be presented to mayor 183 how passed when vetoed 183 to become laws when not returned by mayor 183 vote necessary to pass certain 183 for borrowing money, how passed 191, 192 BOARD 01^ HEALTH, how constituted 186 BOARD OF MANAGERS OF HOUSE OF REFUGE, bow com- posed 252 powers and duties of 251, 252, 253 BOARD OF PAKK COMMISSIONERS created 269 [lowers and duties of 268 — 27") BONDS (city), city may issue to pay bonds due 213 lund commissioner shall purchase 218 duty of certain otlicers to cancel, how 218 common council may issue, for im[)rovement of harbor 224, 225 (certain, to constitute part of public debt 226 city may issue, to purchase gasworks 228, 229, 230 city may issue, for waterworks 235 city and county may issue, to rebuild house of refuge 254 city may issue, for park [lurposes 273 city maj' issue, to conqilete sewers and other imiirovements 278 vote to be taken on ([uestion of issue of. 278 BORROWING MONEY", power of common council concerning... 18(5, 191 vot{‘. necessary to jiass bills for 183, 191 BOUNDARIES OF GITY" described 177 BREAD, power of common (‘.ouncil to regulabq etc 189 BREMEN, property of, vested in city 280 cori)oration of. abolished 281 BREMEN AND (JEMETERV" Railroad Comi)any incorporated 266 BRICKS, power of common council to i-egulate 189 BRIDGES, power of common council to establish, ete 187 INDEX TO (irARTEl^S AND LAWS. H1K)KE1*S, i) 0 \vor ot coiniiioii (‘ouiicil to li(Viis(‘, etc 187 1UJ1T.1)IN(JS AND BUlLDINtJ ^MA'I'EIIIALS 187, 188, 18‘) HDT'rKlt, ))o\ver of (‘oiiimon council to cause to lx* iuspected, etc 18(> CAPTAINS OF POLICE, pay of. 213 CAPONDELET, prisoners froiu. may be committed to work- house may be auuexed to St. Louis 193 city may convey water to 239 CAPRIAOE-WAA^ wlio to pay cost of repairing 203 ('APTS, power of common council to license, etc 187 CENSUS, power of common council to order 181» CElLi'IFK'ATE DF SALE for property sold for taxes, provisions concerning 222, 223 CERTIFICATES OF DEATH, by physicians, what to contain 207 CERTIFICATES OF INDEBTEDNESS, wlien police commissioners may issue 247 maximum of...., — 247 receivable for taxes 248 CIIANOE OF GRADE of* streets, etc., city lial)le for damages in 201 CIIARCOATi, power of common council to regulate measuring of..... 189 CHARITV TRUSTS, power of city to hold 179 (JILVRTER, amendment of, not to affect acts done 279 may be amended or repeahal 279 declared a ])ublic act 279 (dllEF OF POlffCE, to give bond 242 ])ay of 213 CHIEF OFFKtER of city, mayor to be 194 (HHMNEVS, power of common council to regulate! 188 CHOUTEAU’S POND, power of common council to drain 190 CIRCUIT (70URT, proceedings before, in taking property for watei- works ! 233, 234 treasurer of police commissioners to be eertified to 240 to ai)prove treasnrei-’s bond 24(> may issue writ of halxaes corpus to house! of refuge 251 CITIZENS’ RAILW AV (H)MPAN V, connrmed '. 202 l)re)vislons concerning 202, 205 C'lTV, cori)e)rate powers e)f 178 — 180 bounelaries of 177 what share of j)oriee‘ expenses te) ])a 3 '' 240 to ])ay de*bts eef house e)f re!fuge 253 liable for damage from riot, etc 258, 259 may i‘ecover elamages ])aid, fre)!n rle)ters. 258 te) e^xerelse jurisdiction over public paiL 274 CITY ATTORNEY, provisions temching 195, 190 CLEANING CHIMNEYS, i)Ower of e;omme)u council to regulate.... 188 CTjERK of board of health, iute!rments te) be reporteel to... 207 CT;ERK of common council, council to elect 181 COLLECTORS OF REVENUE, to keep revenue from new limits separate 205 44 (i90 INDEX TO CIIAIITEIIS AND LAWS. COMIiUSTIBLE MATERIALS, power of coiimioii council over stonige of 188 ( -OMMISSIONERS (.sec park coiiiniissioners, police eoinmissioners, watei- coinniissioners, ^as commissioners). COMMIT^[p]XTS to house of refiig’e, provisions coiicerniu"’ 250 — 254 COMMITTEE ON IMPROVEMENTS (see new-limit committee). COMMON, power of common council to control 190 COMMON COUNCIL, how compo.secl 181 general powers of 181, 182 qiialilication of members of. 181 how elected 181 term of office of members of. 181 officers of, how appointed 181 .to determine contested elections 181 quorum of 181 to determine rules of proceeding- 182 may punish for disorderly conduct 182 may expel members 182 to publish its proceeding’s 182 A^acancies in, how filled 182 sessions of, when held 182 may remove mayor 194 to decide mayor’s election, Avhen 194, 195 president of. to act as mayor, when 195 mayor may call extra sessions of..., 195 to proceed against officers interested in conti-acts 197 TO appoint .judges of election 198 prohibited from ordering work on unoipened street 200 to cause alleys to be cleaned and paved 200 power of, in opening streets, etc 201 power of, to cause streets, etc., to be jiaved, graded ,and repaired '203 power of, concerning new-limit fund 200 to establish plan for streets in extended new limits 207 duty of, on certain petitions 207. 208 power of, to establish sewers 209 duties of, in appropriating moneys 212, 213, 247 membei-s of, liable on certain vote 213, 220 to publish lipancial statement 215 may sell raili-oad stock, when 218 dufv of, to pi-ovide compensation to fund commissioner 219 power of, to borrow money foi- harbor 224, 225 ])Owei- of, to qui<‘t title to wharf 220 duty of, to give elfect to act concerning gaslight 228 power of, over water commissioners 232 — 237 power of, to secure peace; and good order 238 lirohibited fi-om interfering with imlice commissioners 238, 218 may lev.y police; tax to appeiint manage*rs eif house of refuge 2.)2 may visit house of refuge.^ INDEX 'I'O ClIAliTEUS AND LAWS. GUI roiNl MON OOUNOIL— duty of nuMuhors of, to disiiorse rioter.s 250 to provide for iiunlslinient of iiiiiiors 200 powers of, ovei' street railroads 201, 200 jiroliibited from raising' fare of street railroads 202 prohibited from dividing street railroads 202 lirobibited fi'om reducing' fare of street railroads 203 jiresident of, to be one of park commissioners 209 to elect park commissioners 209, 273 jiower of, to levy special tax for parks 274, 270 COlVliMON PI.EAS (H4U11T, may issue writ of habean corpus to bouse of refuge 251 COMPENSATION for land taken to open streets, etc., bovv' made 200, 201 of city officers, power to tix 189, 193 (OMPTON-IIILL KAILPOAl) COMPANY 204 COMPTROLLER, to be elected 195, 190 term of office of 195 office created 195 duties of 190 to cancel certain aci'ounts 213 to deliver certain assets to tund commissioner 217 to refund sur])lus pui'cbase momw for land sold for taxes, when 223 to be one of trustees of watei- fund 230 to be one of park commissioners 209 CONSERVATORS OE THE I’EACE, duties and powers of, at riots 250, 257 ('ONSTABLES, to })ay moneys collected on delin([uent tax-bills 223 autbority of, to serve pi'ocess in suits for deliiupient taxes 223 CONTAGIOUS DISEASES, power ot common council to supiiress.... ISO CONTESTED ELEC4TONS, common council to determine 181 ('ONTRACTS, city ollicers not to be interested in 197 not to be made in excess of aiijirojiriations 198 ('ONVLNT OF THE SACRED HEART, streets not to be opened tbrougb grounds of. 180, 187 ('ONVICTS IN HOUSE OF REFUGE, bow controlled 251 term of c.onlinenHmt of. 250, 251, 253 CORONER, duties and jiowers of to disperse riots 250, 257 (H)RPORATE IMIWERS of city 178, 179, 180 (U)RPORATrONS, city may take stock in certain 180 COST OF WORK ON STREETS, bow paid 203, 204 in extended new limits, bow iiaid 207 COUNSELOR, (city), office created 195 duties of. 190 autbority of, con(!(>rning escbeated lands 278 COUNTY, to pay certain share of iiollce expenses 240 COUNTY ('OURT, authorized to aiiiiropriate foi- bouse of refuge 251, 254 may issue writ of habeas corpus to bouse of n'fuge 252 COUPONS, (certain, to be canceled 218 G92 INDEX TO CHARTERS AND LAWS. CRIMINAL COURT, may issue writ of habeas corpus to liouse of refuge 252 CULVERTS, power of eoniiuoii eouucil to construct 187 CURRINO. who to paj' cost of 208 CURBSTONES, powers of couiuioii council to regulate 190 DAIMAGES for laud tak(ui to open streets, how ascertained 200, 201 petitioners for opening streets not entitled to 202 for land taken tor waterworks, city to pay 288 from riots, who liable for 258 claim for, not assignable 2.59 DEBTS, of city, power of common council to pay 180 of house of refuge, who to x>ay 2.50 DELINQUENT OFFICERS, how proceeded against 214, 215 DELINQUENT TAXES, proceedings to collect 220 — 228 DETECTIVES, board of yjolice commissioners may appoint 242, 248 DIGEST of ordinances, when to ])e made 279 DISEASES, contagions, j^ower of common council to prevent 180 DISORDERLY ASSEMBLAGE, power of council to prevent 190 DISORDERLY BEHAVIOR, common council may punish 182 DISORDERLY BOLUSES, power of common council to sn])press 188 DISTRICT SEWERS, pi-ovisions concerning’ 209 DISd'L^RBANCES, power of common council to prevent 190 DO(dvS, i)Owers of common (anincil concerning 187 DR A5I-SII01’S, power of commoi] council to license, etc 187 DRAYS, powers of common council to license, etc 187 DRINKING-SHOPS, power of mayor to cause to be closed 200 EGGS, common council to prevent forestalling of. 189 ELEC4TON, for mnnicii)al oflicers, when held 198 judges of, how api)ointed 198 of members of common council, when to be ai)pointed 181 board to judge of, of its membei’S 181 l)roeeedings on tiimn, for conncilmen 182 ELEC'l'lONS, provisions concerning 198 to be by ballot 198 not to be held in drinking-houses 199 how long to continue 199 ))owers of common council concerning 189 ENGINEER (city), office of created 195 duti(js of 19() mayor to appoint 198 t(*rm of olii<'e of. 198 to direct work in new limits 207 to be one of board of Lafayette park 27(J to k(“ep sidewalks and alU'ys in i-e[)air 208 ENU.MERATION OI' INHABITANTS, ])ower of common council to tak(‘ b"^9 ESCHEyVrED LANDS, provisions concerning 278 EXHIBITIONS, power of common council to license, etc 187 INDEX TO CIIAETEKS AND LAWS. GIT) EXri<]NSl^S, of city, iM)\vcr to pay IHO of police, how i)i*ovi(kHl toi- 21(1 of prisoiici-s at house of ix'fu^i^-e, liow ])aiLlN(i HOUSES, power to’suppress 188 OAS, i>ro\ isions coueerning 227. 228 GAS ( 'OM .M ISSION LRS. mayor to appoint 280 j)owei-s and duti(‘s of 280 term of otlice ol 280 to give bond 280 G.\S INSPFCTOR, mayor to appoint 227 duti(‘s of 227 (‘ompropriations to be made for 212 on sinking fund, provisions concerning 219 INTOXICATING LK^IIORS, mayor may close jilace of sale of 2(50 JAIL, minors liable to, to be committed to house of nd'iige 2.50 JUDGES OF ELECTION, appointment and duties of. 198 INDEX TO CirMlTEllS AND LAWS. jriXilM EXrs, in cases of oix'iiin^j^ sti’cc'l-s 202 rUHvOKS, ))o\v(‘r to llx f(‘es of. 180 in oi)cnini^ strt'cts, duties of 200, 201 eU^STK-fiS OF 'rilF PFiAt'F, i) 0 \vers of, to disperse riots, etc.... 25(5 antljorih' of, in suits for d(dinV-LL^n'r LA^V, how lon^ to rcnniiin in force 207^ NlOW LLMITS, revenue from, ])rovislons (M)neernin^ 20“) MOISK, powers coneei'nini>- ])r(‘vention of TOO NOTES, Avlnit sums city nniy issue 210 NUISAXCES, power of common council to abate 180 OATH, of members of common council 182 police commissioners to take 2:il) police commissioners may administer 241 OFFICE, members of common council not to be appointed to 182 OFFICEKS, powers concerning 189 municipal, to reside in cit}" 190 not to be interested in contracts 197 not to bold two aiipointments 197 embezzling money, penalty 197 to make no contract in excess of appropriation 198 of iiolice, enumeration of 242 of polb^e, pay of. 240 of common council, bow appointed 181 when to be elected 198 liable for diverting appi-opriations 210 proceedings against delinquent 214. 21") OIE, in.S])ection of. 189 OMNIliUSSES, iiowers of common council to license, etc 187 OPENING STREETS, ETC., proceedings in 2(H) ORDINANCES, bow pulilisbed 182 styb* of. 180 bow-^ proved 180 conllicting witli charter, void 24(5 when to be digestial 279 certain, to i-emain in foi-ce 279 ORDINARIES, power to liwmse 187 OVERSEERS OF GRAVEVARDS, duty of to repoi-t interments... 2(57 OlV'^NERS OF r.AND, to be com])ensated for pi-operty taken 200, 201 to i)ay benebts, wdien 201 may petition for oj)ening streets 202 may negotiate wilb land commissioner 202 PARENTS, mny comndt children to bouse of refuge 27)1 PARK, commissioners to select land foi* 2(58, 272 pi'oceedings in condemning land for 270 — 272 bow bind may be iiurcbased for 279 eity to have Jurisdiction over 274 vott* to be taken on 274 Ik\RT!TION FEN(ES, jiowan- of common council to regulate 188 PAVING STREETS in extended newMimits, when to be ordered 207 cost of. in new extended limits, bow' jiaid 207 cost of, bow paid 209 P.VWNRROKERS, powei' of common council to license, etc 187 698 INDEX TO CITARTEJIS AND LAWS. PP]ACE, ])owor of common coiiiici] to preserve 190 PEDDLERH^ power to license, etc 187 J‘EOPLE’S P.AILWAY^ COMPANY 292, 264 PENAT/riES, power of common council to impose 189 imiximum of. 190 liow recovered 190 PENALTY, for failing to make return of property 220 I’ENITENTIAIIY, minors liable to, to be committed to bouse of refuge 250 PHYSICIANS, to ceitify deatli of patients 267 PIPES, city may lay (see water-pipes) 282 PLANK-IIOADS, city to purchase 279 POLICE COMMISSIONEKS . city not to conflict with 191, 238 provisions concerning 238 — ‘249 POLICE DEPARTMENT, apjiropriations to be made for 212 I’OLICE DISTRICTS, city to be divided into^ 244 POLICE FORCE, to be armed and equipped 242 number of 242 for extended new limits 208 POLICEMEN, provisions concerning 242 qnaliflcations of. 242 term of oflice of 242 pay of. 242 POLICE TAX, common council to levy 246 POLL TAX, common council may levy and collect 190 POLLS, when opened and closed 198 number of, in each ward 199 not to be closed during the day 199 PORK, power to cause inspection of. 189 PORT WARDENS, common council may establish 190 PORTERS, power to license and regulate 187 POSSE COMITATUS, when sheriff may summon 244, 215 what officers may raise 256 — 258 POULTRY, power to regulate sale of. 189 PRESIDENT OF COMMON (COUNCIL, council to elect 181 when to act as majmr 195 to be one of iiark' commissioiu'rs 269 PROCEEDINGS OF COYIMON COUNCIL, how kept and pifl)li.shed, 182 PROPERTY, control of common council over 190 how assessed for taxation 220 sold for delinqent taxi's, how redeemed 222 power of coi'porations concerning.. 178 how vested for iiublic use 179 IHIOPERTY GUARDS, power of common (ionncil concerning 188 PROVISIONS, council may provide inspection of. 189 PURLIC GROUNDS, ])ower.s of coinu'il concerning 187 PURLIC SEWERS. ])rovisions com'i'rning 209 PUBLIC SOUARES, ])owers of council ov(*r 187 procei'dings to <)p(‘n ‘200 — ‘202 PUM PS, power of common council to ei’cct 186 / IN'DKX 'I’O ClIAiri'KIiS AND LAWS. (il)l) (|}U AlvANTlNK LA>\'S, power to make. 18G ItAlLROAl) STOt'K. city may sul).«;cribe for eertaiii jo-oeeeds of, to o’o to siiikiiii!,- fund common council may order sale of. RKAL ES'fATE. power of city concerning effect of dedicating to public use limitation of actions for, against city liow assessed for taxation RKCKIPTS AND EXPENDITURES, council to publish PECO PI) OF PROCEEDINGS, common council to keep PECOPDEP, to be elected ([ualificatious of.....! jurisdiTgion of. duties of. to report to mayor term of office of. REDEMPTION of property sold for taxes REGISTER (city), to be elected term of office of. duties of REPAIRING STREETS, ETC., who to pay RESERVOIRS, city may build RETAILERS, power of council to license, etc REVENUE, bow applied common council to publish statement of. from gasworks, how to be applied .. vote necessary to pass bill affecting from new limits, how applied RIOT, or rout, powers of common (;ouncil to prevent offense of desciabed ])('nalty for dut.y of certain officers to disperse who liable for damag(^s by ROADS, citizens of city ('xempt from work on RULES OF PROCEEDING, common council to det(*i-mine 180 -21 0 218 ,178—180 170 179 220 215 182 195, 196 197 197 197 197 195 .195, 196 195 196 20.3 232 187 212 215 229 183 .205, 206 .190, 2,56 256 256 ,25(5. 2,57 2.58 180 182 SACRED HEART, streets not to i)ass through eonveid of SALARIES, of water commissioners, how lix(*d of police eommissionei-s of police ollicers of policannen SCHOOL FUND, proceeds of emlain .sales to go to of certain section, how divided SEAL, powers of city concerning police commissioiu'rs may use SE(1)ND MUNK'IPALrrV^' aboli.shed SERGEANTS OF POLICE, pay of .' SERVANTS OF COMMON COl’NCIL, how elected SESSIONS OF COMMON COUNdL, time and place of SE V ENTEEN'I I I-STREET HR ANCl I R AI L WA Y, authorized, 186 233 239 243 242 262 280 178 244 281 243 181 182 266 700 INDEX TO CHARTEIiS AND LAWS. -j SEWER DIS'J’RIC'rS, ])r()visioii.s coiicei’iiiii;^ 209 SEWER, TAX, power of eonimon council to levj' 209 SEWERS, provisions coinrerniiig 187, 209 c]:issili(‘:itioii of. 209 cii}’ nuiy borrow money to complete 278 SEXTONS, duty of, to report interments 2G7 to ])ermit no interments witliont certiticiite 207 l)enalty ug-ainst, for failing to re}>ort 2G7 SHERIFF, duty of in sales for delimpient taxes 222, 223 to obey police commissioners 244 to summon posse comitatas ■ 245, 25G duty of, to disperse riots , 25G, 257 SHOWS, powers of common council to license, etc ^ 187 SIDPIWALKS. powers of common council concerning 190 cost of i)aving, etc., bow paid 203 engineer to keep in order 203 SINKING FUND, appi-opriations to be made foi- 212 })rovisions concerning 21G — 219 to pay debt of watei-works 23G SFEC'IAL DISTRICT-SEWER TAX, bow to be applied 209 SPE(TAL ELECTIONS, bow provided for 199 SPEtTAL POLICE FUND 245 SPECIAL PUBLIC-SEWER FUND, common council to levy 209 SPECTAIv TAXES Ibr im})roving streets, etc 203, 204 ST. LOUIS RAILROAD COMPANY, provisions concerning.. ..2G2, 2G3 ST. LOUIS UNIVERSITY, streets not to be opened througb 18G STANDARD WEIGHTS AND MEASURES, powers of common council to establisb 188 STATEMENT of receipts and expenditures, common council to l)ublisb 215 STONE-COAL, inspection and weiglit of, bow provided for 189 STREET-RAILROAD COMPANIES, ])ow(m-s of common council ov(‘r 2G0, 2G2 certain costs to lx; paid to, on sale of i-oads 2G2 may surrender IVancbise 2G2 mayoi- may sell francbise of, wben 2G2 l)r(K‘eeds of sale of roads of, bow api)lied 2G2 not liable for certain injuries !.... 2G5 STRPIET RAILROADS, i)Owers of common council over 2G1, 2G3 provisions for sale of. 2G1 , 2G2 council probibited from inci-easing or reducing fare of 2(52, 2G3 council ]»robibited from dividing 2G2 guage of ti’acks of, tix(*d 2G2 ])robilnt(‘d on certain sti-eets 2G2, 2G3 • ,S4’REE4\S. powers of coimnon council conceiaiing 190, 200 })roceedings to oi)en 200, 202 cost of grading and rej)airing. bow i)aid 202, 203, 201 bow and Avben to be graded and [)aved 203 cit)^ liable for cbange of grade in 204 wbat, (0 be imi)roved out of new-limit fund 20G INDEX TO CUAJITKHS AND LAWS. 701 i^TiniV/r^—ConfitiHCcL ill ('xteiul(Ml lU'W limits, to (‘oiironii to jilau 207 liow im|)rov(.'(l in exteiHlod now limits 207 STYLE OF ORDINANCES LS.'t SUITS, liow to 1)(* (‘oiulucted for (kdiiiquent tuxes 221 — 22l> ill ^vllut name to lie eoiidiicted for eity 270 SUPERINd’ENDENT OF W AlT:PWOpks, otlice created 15)5 SUPERINTENDENT OF WORKHOUSE, office created 105 SWAMP LANDS, city counselor may sue for 278 SYRLT^ powers of common council to cause inspection of. 180 TxVVERNS, powers of common council to license, etc 187 TAX, common council may levy for improvement of harbor 22-1 foreign insurance companies to })ay 281 may be levied for Lafayette park 275 TAX BILLS, common council to take ajx^s and noes on 182 vote necessary to pass 185 suit to be brouofht on unpaid 221 TAX DEEDS, effect of 278 TAXES, power of comihon council to lev}^ lliO, 209, 275 in extended new limits, niaximum of 207 for harbor, in extended new limits 208 certilicates of {lolice commissioners receivable for 248 special, provisions concerning- application of 212 no proiierty exempt from sale for 225 parties delinquent in, not entitled to damages from riots 259 THEATERS, power of common council to license, etc 187 TIE IN ELECTIONS OF GOUNCILMEN, proceedings upon 182 TIPPLING-HOUSES, power of council to license 187 TONNAGE TAX, common council may levy 225 TOWER-GROVE AND l^AFAYEi rE RAILROAD COMPANY incorporated 2(!() TO'WN OF ST. IXiUIS, property of vested in city 279 TREASURER (city), office of, created 195 teriu of office of 195, 198 duties of 19(; to report amount of revenue 215 to be one of ti-ustees of water fund 25G of iiolice commissioners 259 TREASURE' WARRANTS, power of () UNLAWFUL ASSEIMBLAGE, offense described 25(> lienalty foi- 259 who may be punished for 259, 257, 258 duties of certain otlicers to disper.se 259 — 258 who liable foi- damages from 258 702 INDEX TO CHARTERS AND LAWS. VACANCIES, how filled ’ lOo ill ollice of mayor I});') in common council ! 182 in ollicc of police commissioners 240 in police force 243 VEGETABLES, power to regulate sale of. 180 VESSELS, powers of common council concerning 189 VETO of mayor, eftect of and proceedings on 183 VICE PlvESIDENT, police commissioners to elect 239 VINEGAR, power to inspect 189 VOTE necessary to pass certain bills 183 VOTERS, provisions concerning 198, 199 WAGONS, power of common council to license, etc 187 WALLS, power of common council concerning 188 WARDS, city to be divided into 178 WARRANTS (city), in wbat sums to be issued 214 ( See Treasury Warrants . ) WATER, power to provide city with 180, 232 may be conveyed to Carondelet, etc 230 WATER COMMISSIONERS, provisions concerning 232, 235 WATER COURSE'S, powers of common council over 187 WATER LICENSE, when to be issued 239 WATER RIFES, city may lay 232 when to be laid in streets 23(5 cost of laying, bow paid 233 cost of, how collected 233 WATER RATES, common council to establish 233 to be applied to ])ayment of waterworks 233 WATERWORKS, provisions conceiaiing 232 common council to approve jdan of. 232 expense of, bow provided for 235 WEIGHTS AND MEASURES, eommon council to establish 188 WHARF, power of common council concerning 187 proceedings to open 200 wbat fund to be used for improvement of. 224, 225 city may borrow money for improvement of. 224 tonnage tax may be levied for 225 common council may compromise claims on 223 ])Ower of city to ([uiet title of. 223 WHISKY, power of common council to cause inspection of 189 WINE, common council may (,‘ause inspection of. 189 WITNESSES, fees of, bow lixed 189 WOODEN lUJIliDINGS, powei-s of council concerning 188 WORKHOUSE, power to erect 191, 192 commitments to, i-egulated 192 Carondelet may conunit prisonei-s to 193 minors liable to, to be committed to bouse of r('fiig(' 250 WORKING ON ROADS, citizens of St. Louis exempt from 180 YEAS AND NAYS, when common council to take. ... 183 INDEX TO REVISE!) ORDINANCES, A. ABANDONED CHILDREN may be cominitted to house of refno-e... 434 ABATEAIENT OF NUISANC'ES, street inspectors to attend to..427, 420 on private i)roperty, provisions for 400 ABLE-BODIED PERSONS, who declared to be 494 ABSENCE of tiremen fj-om fires, how punished 3o2 of officers witliont leave, how ]nmished 30() how permission for, may be olitained 300 ABSTRACT, of certilicates of inspection, inspector of hay to regis- ter 44o of deaths, to be published 418 how classified 418 of ti-ansfers of real property, president of board of assessors to procure 501 ACCOUNT, with treasurer and city officers, auditor to keej) 553 chief operator of fire-alaian tele<>’ra[)h to render 350 of waterworks fund, what to com]n-ise 023 watei- commissioners to render to council 000—010 water commissioiK'rs to kec]), of waterworks fund 013 AC(H)UNT BOOKS, of city, auditor to keej) 553 comptroller to prescribe mode of keeping 550 ACCOUN'L .ABILITY OF OFFICERS repeal of ordinance not to affect 203 ACCOUNTS, ag-ainst city hosiiifal, boai-d of health to examine 408 against (piaranfine hosiiifal, how settled 410 board of health to keep, of expenses incni-red 405 street Insjiectors to keeji, of expenses inciu-ren 428 harbor-master to keep, of certain moneys 375 auditor to adjust and certify 553 compti-oller to keep register of 557 register to render, to auditor, when 547 waterworks committee' to examine 024 AC’TIDNS, city counse'lor to iirosccute and defend 2t)5 city attorney to prosecute' and ele'fenel 290 peneling, not atfecte'el by re'peal of eirdinaiu'e 292 ADMINISTR.VTION OF CITY GOVERNMENT, auditor to keep separate account of 551 ADMISSIONS TO CITY HOSPITAL, be>ard of health to regulate... 408 duty of clerk of board of health conei'rning 402 704 INDEX TO REVISED ORDINANCES. ADMISSIONS TO CITY IIOSPITAT.— l)eniiit for, liow obtained 402 ADVEirnSKMENTS, sticking up witliout leave 487 indecent, sticking up or distributing 488 for city, proposals for publishing 523 AFFIDAVIT, of census-takers 284, 285 for proceeds of sales by harbor-master 378 to correct erroneous assessment 568 on ])a\vnbrokers’ license 577 for- city, counselor to make 206 city attorney to make 207 in police court, how made 517 ALARjM BELLS, located 355 ALLEYS, street inspectors to superintend cleaning of. 420 engineer to carry out ordinance concerning 310 how improved 324, 331 engineer to keep in repair 324 repairs of, how paid 325, 332 to be paved after building sewer 327 to be repaired after laying gas-pipe 328 to be repaired after laying water-pipe 327 proceedings to effect grading, etc., of 331 proceedings, when declared nuisances 454 pi-oceedings, when dedicated and not opened 454 duties of land commissioner in opening, etc., of. 448 ALPHABETICAL INDEX to be kept in police court 521 ALTON PACKETS. Mdiarfboat of. 380 rate of wharfage for 380 ALTERING STREETS, ETC., proceedings in 448—454 AMUSEMENTS FOR GAIN, license to be procured for 584 ANIMAL OFFAL, not to be deposited in market-places 471 ANIMAL SUBSTANCES, not to be thrown into liigliways 421 ANIMALS, leaving unfastened in street 401 turning loose, in thoi-oughfare 401 cruelty to 401 riding or driving carelessly 401 flesh of certain, not to be sold 471 not to be driven into markets 471 dangerous or unruly, not to be bi-ought into market-places 473 dead (see dead animals). APOTH ECARY, board of health may appoint, for hos[)ital 408 AI’PEAL, from recorder, how taken 517, 510 city attorney may take, from jiolice court 517 from inspectors, how to be taken 443 costs of, how paid 443 APPE.VL DOCKET, in ])olice court, how k('pt 518 APPEALS, city counselor may take 206 city attorney may take 207 from assessment, how made 566 court of (sec court of appeals). INDEX TO HEVISEj) OIIDINANCES. 705 Al’POIN'l'Kl) OFFICERS, liow ivnioved :m AFFOlN'l'MEN'r OF OFFICEKS, how iiKule 304— .‘iO!) APPIJOl’in A/riONS, foi- house of refuge 432 for iiuproveuieiit for Carr square. Itow exi)eii(led 507 for waterworks, payaldc' out of the. waterworks fund 024 AKRESTS, street ius[)eetor.s may make, when 42S ASHES, not to be thrown into highways 421 cliief engineer to direct deposit of. 303 vehicles transporting, liow to be secured 531 ASSAULTIXijr AXOTilER. disturbing peace b}^ 485 ASSEMRLACE OF RERSOXS, disturbing 480 ASSESSMENT, of pi'operty, regulated 503 — 500 'of taxes, comptroller may cori-ect 558 ei-i-oneous, how corrected 507, 508, 509 ASSESSMENT LISTS, to be delivered to board of assessors 504 how made 504, 505 ASSESSORS, how appointed 503 qualifications of. 503 when to enter on discharge of duties 503 j)resident to allot distilcts to 505 r('.'~ponsil)le for corr(;et assessment 505 duties and powers of. 504 — 5(57 term of otlice of. 509 to assess property not before assiessed 574 to furnish jilats to land commissioner 449 salary of. 314 duty of. concerning district sewers 341 ASSlGXATIOX-liOlJSE, olfense ot kei'piug 488 ASSISTANT' COUXSEl., when to be (miployed 290 ASSISTANT EXCINIOERS, of engineer department, how aiiiioiuted 338 salary of 313 ASSISTAXT ENG tXEERS, of tire department, how appointed 349 teian of oHice of. 349 to perfoian duties of c4ii(4' in his absence 351 powei-s of, at lires 353 ASSIS’fAX'r ORER.VTORS, of tire-alarm telegrai)h, how ajiiiointed.. 355 ASSlS’lWX'l' RJIYSICIAXS, athosiiital. how appointed 408 d Util'S of 408 to receive hoard and washing 409 ASSIS’J AX4' SEXTOX, wIk'ii to be employed 410 A'fLAXTlC AND M ISSISSI I’lM STEAMSIHl* COMlbVXY, pro- visions for whai’f of. 391 ATTACHMENT TO WA'l'ER WORKS, amount to bi; paid for 028 not to run to waste 030 inspi'ctors to visit and inspect 032 — 033 ATTACHMENTS, in police court, Avhen to i.ssue 513 from land commissioner, how issued and sei’ved 449 AT'TORNEY (city), powers and duties of. 290, 297 may employ counsel, when 297 dut}^ of, to appi-ove bonds 305 45 700 INDEX TO HE VISED ORDINANCES. ATTOKNK V ( (;ity ) — Continued . not to be accepted as surety on boiid.« 305 notice tor depositions to lie served on 310 to prosecute iniiieaclinients 311 salary of. 313 duty of, to approve form of contracts 321 notices and process to be served on 517 prosecutor to be appointed instead of, vvlien 517 to make aflidavits in police court 517 may appeal from recorder 517 register to furnish records and docnments to 545 ATTORNEYS, roll of, to be kept in police court 522 AUCTIONEERS, provisions concerning 579—580 who declared 570 to procure license 579 amount of license for 579 to give bond 579 penalty against, for violating ordinance 580 AUDITOR, to report census to conncil 285 sergeant-at-arms to carry messages for 288 sergeant-at-arms to report to 289 city counselor to settle with 290 to draw warrant for election expenses 300 not to be accepted as surety on bonds 305 not to pay salaries of officers holding over, 300 to draw warrant for expenses and impeachments 311 salary of. 313 salary of clerk of 313 copies of contracts to be furnished to 321 accounts to be certilied to 322, 323 special tax-bills to be delivered to 325 duty of, concerning distilct sewers 341 monthly statements concerning fire department to be transmitted to....^ 351 chief opei-ator of tire-telegraph to account to 350 harbor-master to settle with 375 treasurer to report to, concerning certain sales 377 to draw warrant for proceeds of sales, when 378 wood-master and Inmber-measnrers to settle Avith 384 to draw warrant for expenses for lioard of health 404, 400 duty of, concerning tax-bills for abating nnisanci's 405 to draw warrant for expenses for city hospital 408 to draw warrant for expenses for sti-eet inspectors 428 to audit accounts for ti'Sting public scales 142 com])troI!er's recinpts to lx; tiled with ... 452 marshal’s receipts to b(' tiled with. 453 to keep account of street-opening fund 152 to issue warrants foi- expenses in viewing nuisanci's 455 to charge account of stall-rent to collectoi’s 4(»5 to draw warrant for secret-service money 481 INDEX TO JIEVJSED OllDINANCES. 707 duty of, c*oiK*(‘niin_2: revciiiie fmm new limits r)08 to draw warrants for improvoment of Can- square 507 to draw warrant for otliciating- recorder 510 to allow marshal for witnesses’ fees paid 510 to audit aceounts for costs, when 520 clerk of police court to report to 520 register to deliver certain recei{)ts to 540 register to draw requisition on, for stationer-y. etc 547 register to render accounts to, when 547 provisions concerning 553 — 550 duties and powers of.'. 553—550, 564, 566, 567, 572. 581. 582 term of office of. 555 treasurer to settle with 560 to make statement of revenue of preceding year. 561 duty of, concei-ning receipts 562. 5()3 examining committee to settle witii, w-hen 502 assessments to be reported to, when 560 tax-lists to be delivered to 507 statements of mereliants’ stock to be delivered to 581 w-eighers of hay and stone-coal to settle w ith 508 to keep account of waterworks fund 623 to credit vertain moneys to waterworks fund 628 register of waiter-rates to fde receipts with 632 superintendent of W'Orkhouse to tile receii)ts w ith 651 AT DITOE’S CLEEK, how appointed 555 duties of 555, 550 style of 556 -AVENUES, street insi)cctors to report nuisanc.es on 427 street inspectors to su])ei-intend cleaning of 4-20 proceeding wiien dedi(tated and not opened... 454 -VWN INC -POSTS, directions coman-ning 330 penalty foi- erecting, contraiy to ordinance 330, 331 penalty for fastening animals to 332 penalty for injuring 334 H. 1>.\(XJN, who may sell 471 liACON VENDEES, may sell saltcal meat 471 DADOES, tiremen and officers to wear 352 drivers of licensed vehichvs to waair 531 , 534 public porters to wear 544 DAO ATELLE-TAEliES, license to be procured for 584 who declared keepei- of 585 amount of liccmse for 586 DAOOAOE-WAOONS, (axon 528 to have registered number on 520 rate of fare for 531 name of owner to be painted on 534 708 INDEX TO ilEVISEI) OEDINANCES. BAIL, how g’iveii for parties arrested oil wl>en to l)e forfeited 512 BALLl) COTTON, regulations coneeriiing storage of 308 BAIdCI) HAY, not to be stored within eei’tain limits 308 offered for sale, to be inspected 441: l)enalty for sale of, without inspection 445 elassilication of. 444 when to be I’emoved from wharf. 385 BALED HEMP, not to be stored within certain limits 308 how long to remain on wharf. 308 when to be removed from wharf, 385 BAT J.OT-BOXES, register to deliver to judges 301 penalty for seizing 302 eti'cct of seizing or carrying otf. 302 when to be sealed 302 penalty for handling 303 BALLOTS, to be counted and certilied. liow 302 to be replaced in ballot-box after counting 302 not to be examined 303 contestants may examine 304 BANK-CHhlClvS, for city money , how drawn 500 BANK OF THE STATE OF IMISSOTTBr, money to be de[)osited in.. 500 BABBER-SHOFS, maybe kept open on Sunday 4 489 BAROES, hai-bor-master to direct mooring of 370 not to 1)6 landed in front of waterwoiEs 378 i-ate of wharfage on 385 penalty for refusing to ])ermit measurement of 385 BARRELS, for beef or pork, i-t'gulations concerning 430 how much to contain 430, 438 BATHING, naked, in day-time 487 BATHING ESTABLISHMENTS, maybe kept open on Sunday 489 BAWDY-HOUSE, penal t,v for keeping 488 BEASTS OF BURDEN, otlenses concerning 332, 490 BEEF. ])rovisions for inspection of. 430 — 139 how classified 438 penalty for inteianixing, afUu- inspection TIO compensation to insi)ector for storing 439 tainted, to be marked • ‘■coiKhmined’ ’ 435) ])laces for sale of by the (piarter 401, 402 BEER-HOUSES, pimalty for enii)loying lewd women in 15)0 jic'ialty for keeping without liccmse 570 ))rovisions concerning license of. 574— 57(i amount of license for 575 BELL-MAN, ])enalty for emi)loying 480 BELLS, none hut alaian-bells to he lamg in case of lire 355 penalty for u.sing, to attract ])eoi)l(' 48(5 lading or di iving animals with 191 ])enalty for driving sleighs without 191 BETTING, at gaming, ])(malty for 488 BEVEIRAGES, ])laces for sale of, may be kept open on Sunday 489 INDEX TO EEVISEI) OliOrNANCES. 700 lUDDKRS lor stands or stiills, to forfeit sum paid, wlieii 404 lUDS FOR. crrV PIMNTINIi, comptroller to advertise Ibi- o'j;} liow opened o24 to !)(' submitted to eommon (iouncil 524 RIDS FOR I’FBLIC WORK, provisions concernino- 520 lULLI ARD-TAIiLES, license to be procured for 584 Avho deelai'('(l keeper of. 585 amount of license for 585 penalty for keeping' witliout licejise 585 lUTiLIARDS, penalty for playino-, on Sunday 480 RIIA.S, counselor (city) to draft 295 ahysicians and sextons, who to furnish 417, 418 Rf.ASriXG ROCKS, without proper precaution, penalty 491 BLOCKS (city), duty of engineer to numlau- 319 RfiOlV'X MEAT, market-iiiasters to seize 408 market-master to (h'stroy 471 peualty for selling 471 ROAR!) OF ASSESSORS, comptroller to direct books to be kept by 558 how constituted 503 duties of 504—507 BOARD OF (X)MMIS.SIONERS OF MDLLAXPIIY EMlORAX'f REIREF FUXl), how elected oOO (lualitication ofmemb(*rs of 500 powers and duties 500 — 501 to report vacancies to common council 500 term of otlice of nuuifbers of 500 mayoi* to be j»resident of. 500 ollicers of, how electf'd 500 books of, to be open for inspection 501 BOARD OF FIRE-EXOINEERS, how elected 289, 349 how composed 349 ])ow(‘rs and duties of 3 It) — 358 wlum to meet :}52 (piorum of. 353 to ha\a; custody of tlia'-alarm telegrajih 355 chief operator to i‘(*])ort to 350 RO.MID OF IlEALdMl, sergeaut-at-arms to attend on 288 election of. 289, 401 ])rovisions concfnaiing 401 — 407 how constitut(!d 401 710 INDEX TO REVISED ORDINANCES. JiOAIU) OF imAXim —Continued. when to meet 401 I)enalty for ahsciiee of member from 401 (luoriim of 402 l)resi(lent of, how elected 402 clerk of, how elected 402 j)roceedin^s of, how kept 402 l)ovrers and duties of 402—400,407—100, 410, 411, 415—410, 420 427, 428 l)enalty for refusino’ to obej" 404 eoinpensation of. 314, 400 health officer to see orders of, obeyed 407 health officer to attend meetin<^s of. 407 street inspectors to attend meetin«^s of 427 notices and precepts of, how served 427 street inspectors to report expenditures to 428 street inspectors to report nuisances to 428 street inspectors to act as officers of. 420 meat-shoi)s to be under control of 477 to abate steam-whistles, when 408 may order fire-plugs to be used (530 BOARD OF IMPROVEMENT OF MISSOUIU PAPvK AND VAASHINOTON SQUARE, election of. 289, 50(5 authority of. 507 HOARD OF IMPROVEMENd^ OF LAFAYETTE 1L\RK, powers of 507 HOARD OF MANAGERS OF llOUSE OF REFUGE, powers and duties of. 431 — 433 to lix and approve bond of superintendent 432 HOARD OF MANA(4ERS OF WORKHOUSE, election of 289 superintendent to report to (545, C4(5 superintendent to keep minutes of (54(5 duties of (51(5, (547 quoiaim of (547 to liear and remedy complaints of prisoners (517 to report to common council (547 to (ix extra pay of prisoners 048 to conti-ol punisliment of prisoners (>48 to regulate diet of prisonei’s (550 to fix rate of board of guards (550 HOARD OF PERMITS foi‘ meat-sliops, how composed 47(5 IRIARD OF WATER COMMISSIONERS, how composed (509 HOARDING, of guards at workhouse, how fixed (550 of prisoiK'rs at workhouse, rate of (547 HO.MvDS, lumher-measurers to measure 379 expensi; ot handling, how jiaid 379 how assorted and measured 5>80 how classed 380 where landed il'^O wharfagii on 38(5 fees for imaisui-ing 387 INDEX TO UEVISEl) OIU)INANCES. 711 liOA'l'S, to bo romovod from harbor 1583 sunk, diilios of liarbor-inasb'r coneei-nin^ 884 Avharfa^’o on 885, 88G l)onalty for ri'fnsino- nK'asuronu'nt (d’. 885 lu'altb oni(*,or to oxainino, 'wbon 407 (inarantino i)l»ysiciau lo examine 410 ec'rtain, to toneli at quarantine 410 evadin,()NI)S (<-ity), ollica'i’s not to deal in 307 how lo be signed 557 comptroller i’es])onsi!)l(‘ for [)i-oceeds of. 557 comptroller may issue, ol' certain denomination 559 BONDS, foi-city, attorney to execute, when 207 712 INDEX TO REVISED ORDINANCES. i>ONI)S (penal), to accompany bids for contracts 308 — 301) who to jnd^e snlticiency of. 300 to be returned to l)idders 300 JU)()K-KEEPER, comptroller to appoint ,500 iiOOKS OF POLICE COUllT, who custodian of 521 LOOKS IN ENGINEER’S OFFICE, open to insi)ection 322 BOOKS. i)enalty for selling or exhibiting- lewd or indecent 487 register to i)rocnre, for city otlicers.. 547 BOUNDARIES OF WARDS,^ established G04 BOUNDARY LINES OF WARDS to be center of streets GOG BOWIE-KNIFE, penalty for cari- 3 ino- concealed 488 BOW-WINDOIVS, pi-ojeeting over sidewalks, penalty 333 BRACKETS. ])enalty for injuring 335 BRANCH WATER-PIPES, regulations concerning 621) BR ANDS, altcj-ing after inspection, ])enalty 439, 442, 445 BREACH OF BOND of weighers, what deemed to be 592 — 594 how proceeded upon ,593 ollice of weigher to cease on second conviction for 594 BREAt'H OF ORDINANCE, pcmalty for, when not fixed 344 BREACH OF THE PEACE, powers of mayor to quell 480 penalty for 485 BREAD, ])laces for sale of, may be kept open on Sunday 489 veliicles transporting, free of tax 530 BROKEN ROCKS, regulations foi- macadamizing with... 329 BROKERS, to procure license <584 BUGGIES, regulations concerning tax on 528 who may keep market for sale of 580 BUI LDING, without permit 3G3 BUILDING MATERIALS, what space to occupy 333 BUILDINGS, of wood, i-egulations concei-ning 358—3,59 for smoking meat 359 chief engineer to give ])ermit to erect. 3G2, 3G4 penalty for erecting, without permit 3G2, 3G4 engineer to remove, from stveets, when 454 how to be as.sessed for taxation 5G5 BURNING COAL, not to be can-ied in street 3G0 BURNING OUT FLUES, regulations concerning 3G1 BUSHEL OF STONE-COAL, how computed 598 BUSINESS, place of, keei)ing open on Sunday 489 BUTCHERS, diGies of, concei-ning slaughtei’-houses 421 may keep meat-sho])S, whoi 478 BUTCHERS’ STALLS, when to l)e lea.sed 4GI who to gi-ade ])rices of IGI when to t)e i)ainted IG7 BUTCHERS’ AVL\GONS, space set apai-t for, at (\“nl('r market 471 BUTTER, how sold in markud; 473 how stands may he leased for sale of 471 INDEX TO EKMSED OilDlXANCES. 71^5 (\ ('Ar>S on CAlilMOLETS, coiicci’ning ;72S t:ix oil r)2IGNT— CWi/mc^L lire (.lopartiiK'iit to IxMiiKho- (‘omiiiand of. .T)0 (liilioj^and powers ol’. IMO — 350, l>(J3 — 305 ina}' call ineetiiii^s of ])oar(l of lire en;>:iiieers .352 — 353 may hire or purchase horses and mules 353 powers of. at lir('s 353 to raze l)ulldi]i‘ 303 CHIEF ENGINEER OF AVEVTER WORKS, how appointed 010 (pialilications of. 010 salaiy of 010 CHIEF OF POLICE , to report persons arrested 511 may approve bail bonds 511 CHIEF OPERATOR OF FIRE-ALARW TELEGRAPH, how ap- pointed 355 term of oliice of 350 duties of 350 CHILDREN, certain, may be committed to house of refui^’e 431 CHILDREN’S TICKETS, railroad companies to sell, at certain price, 542 CHIMNEYS, regulations concerning 300, 301, 303 CISTERNS, board of tire engineers may rc(*onimend erection of 35() CITIZENS, duty of, to assist mayor, when 480 authorized to ascertain weight of hay or coal 505 may arrest driver of hay or coal teams 505 CITY, division of, into wards 001 CITY ATTGRNEY" (see attorney) 200 Cri'Y' BONDS (see bonds). CITY COUNSELOR (see counselor) 205 CITY DEBT, comi)trollei‘ to suj)ervise 550 eomptroller may re(iuire auditor to pay, when 558 CrrY HALL, certain ollices to be kept in 307 auditor to keep separate account of 554 CITY HOSiRTAL, provisions concerning 107 — 100 board of Inailth to superintend 407 regulations (*onc(‘riung admission to 402 recoi’d of pen-sons dying in, how kept 402 sick prisoiKU-s to he conveyed to Olh Crj'Y M.VRKET, ])rovisions concen-ning KH) — lO;'* located 401 ('Il’Y-MARKET S(b\LES, located 501 CITY OFFK.'EPS 304, 300, 311 counselor to advise 205 jittormy to defend and advise 207 duty of, to seizes gunpowder, vvluni 308 mayor to sup(*rvise and control 480 mayor to report, for neglect of duty 480 to give certain information to superintendent of waterworks 027 TIG INDEX TO EEMSEl) ORDINANCES. ( ’ IT Y OF FI OF 1 tS — Continued . to arrost pi-isoners esc-aix'd from workhouse Got {See Officers). CITY WEKJIIEilS, provi-^ioii'^ coiicerniii^ GOO — G02 liow to oV)t;;l!i licence GOO duties and powers of GOO — GOl l>enalty for exercising' olhce of, without liccns;' GOl tees of. GOl (JLAIMS AO AINS'f CITY, auditor to adjust and certify 55:1 to 1)(5 allo\v('d within certain time 554 ('LAFBOARDS, wliarfage on 1180 CLASSIFICATIOX, of hcef. 438 of pork 43G— 438 of ])ailed iiay 4-14 CLEANIXG STREETS, provisions for 42G— 427 l)oard of liealtli to control 42G street inspectors to superintend 42G CLEANLINESS OF CITY, powei's of hoard of liealtli to secure 402 CLERK OF ASSESSORS, iiresident of hoard to appoint 5G0 CLERK OF BOARD OF HEALTH, election and (pialilications of.... 402 powers and duties of. 402, 403, 407, 417, 418, 410 srdary of. for conducting dis[)ensary 40G general salary of :n3 sergeant-at-arms to attend on .- 288 to notify land commissionei' of nuisance declared 454 CLERK OF COMMON COUNCIL, election of 288 duties of. 288, 203 sergeant-at-arms to attend on 288 to notify register of apjiointments 30G salary of 3 hi to certify contirmation of verdic.t of juiy 452 CT^ERK OF POLICE COURT, othcc of, established 511 bond of. 511 powei's and duties of. 510, 511, 51(5, 518, 520, 521, 522 fee of, in appeal casi's 518 to entei- commitments of juveniles 4:13 to report convictions of drivers of vehicles 538 salary of 313 • CLERKS OF ELECTION, liow appointed 3t)l duties of. 301 penalty foi- intei'fering with 302 j)enalty for failing to I'crform duties 303 (*om])ensation of 303 CLERKS TO CITY ENGINEER, appointment of, etc 322, 32:5 CLERKS OF UE(HS4ER OF VV A4’ER-R A'l'ES, how appointed G;52 CLOTHING, to be furnished to prisonei's at workhouse G51 C'LO\'ER., place fo)' sale of, at City mai'kei 4t!2 COAL, v(.'hicies ti'ansporting. fr(H‘ from tax o:i0 not to be landed on paved wharf 38:5 rat COAL-VAKDS, iv<^iilations coiK'ei-ning (X)0 COBBIjLSTONK, space for landing, set ai)art. 388 regnlations for landing 388 ('Ol^'FLE, niaj' be sold in markets 472 COFFEE-STANDS, to lx; graded 4(!5, 4()d comptroller to re-let, when 400 who to locate, and regulate number of. 4(57 ])enalty for violating provisions concerning 472 COLliECTION OF TAXES regulated 570 — 573 COLLE(,'TOES OF EENENUE, pi-ovisions concerning 570 — 573 liow appointed 570 (pialitlcations of. 570 bonds of 570 duties of 5(50, 570-572, 575, 57G, 578, 579, 581, 582, 583 compensation of 572 auditor to deliver tax-l)ills to 5G7, 582 to collect costs of demolishing walls 3(55 duties of, in collecting expenses of abating nuisances 405, 430 to demand I’ent for market stands and stalls 4(55 duty of, concerning reveniu' of new limits 502 register to furnish lilanks to 54(5 COLT, penalty for carrying 487, 488 COiMBF^STTBLE MATEIMALS, harbor-master to see jirotected 375 penalty for burning, in sti-eet 3G() (^OMMlSSIONEJvS (s(!e water commi-^.^ionei’s) . (yOMjMlSSIONS OF OFFICEES, register’s duties concerning 305 i-egister to prepai'c and attest 54(5 Cf)MMJTTEE OX WAYS AND INIEANS, to emiiloy special tax attornc}" 573 COiMMITTEE TO EXAMINE BOOKS, ETC., of certain of- ficers 5(51 — 5(52 COMMITTEE ON MAllKEd’S, to grade prices of stalls 4(54 to grade prices of iish-stalls and collee-stands 4(55 — 4(5(5 to locate and regulate (U)!]ee-stands 4(57 may lease stalls and stands 474 (COMMITTEE OF IMPBOVEMEN'l'S FOB PABKS AND SQIIAPES, election and dutiiis of 289, 50(5 — 507 ('OMMITTEES, ehaUion of 287, 289 salary of 314 counselor to advisi? 295 attorney to advis(‘ 297 COMMON COFNCIIj, organization of 287 sessions of 287, 288 to sit as court of appiads 287, 5G(5, 5(57 resignations from, to whom addressed 289 vacancy in, how filled 289 members interested, not to vote on certain bills 290 718 INDEX TO REVISED ORDINANCES. COMMON CO\m VAX. —Continued. procec'diii^.s of, on petitions for iini)rovin_i»- streets 200 counselor to advise 205 attorney to advise 207 to appoint Jndf^cs of election 301 elections to be contested before 303, 304 inenibers of. ?iot to be accepted as sin-ety on bonds 305 otlicers to snbmit books to inspection of. 307 officers to report fees to 307 pioceedin<^s before, in ini])(‘acliments 309 — 311 compensation of members of. 314 contracts to be a])proved by 321 engineer to report to 319 sewer committee to report to 330 board of tire engineers to report to 350 to appi-ove rules of fire department 350 chief operator of telegraph to report to 351 ha]-bor-master to report to 375 lumber-measurers to report to 384 wood-master to report to 384 may direct ferry license to issue 392 board of health to report to 405, 408 board of managers of house of refuge to report to 432 inspector of beef and pork to report to 442 land commissioner to i-eport to 448, 455 to convene tor installation of mayor 480 to notify mayor elect for installation 480 mayor to report delinciuent officers to 480 may prefer charges against mayor 481 when president of, shall act as mayor 481 when president of, shall issue ijroclamation for ('lection of mayor 481 — 482 to elect board of imi)r()vements of parks and scpiarcs 289, 507 clerk of police (murt to report to 520 — 521 auditor to furnish information to 555 comptroller to report to, when 558 examining committee to rei)ort to, when 502 rc'gister to furnish stationery, etc., for — 540 water commissioners to submit plans and contracts, etc., to.. .009 — 010 to elect waterworks committee 289, 022 — 023 superintendent of waterwoi-ks to i-eport to 024 to api)rove contracts for coal 020 — 027 register of water-rates to report to 031 — 032 sui)erintendent of workhouse to report to 050 to elect board of managers of w'orkhouse 289, 040 COMMON SEAIj (seti s(ial). COMMONS, certain ordinances to extend over 308 COMPENSATION, of (aty officers 312—314 of Judges and clerks of eh^ctions 303 of assistants at hosi)ital, how' tixed 408 INDEX TO DEVISED OKDINANCES. 711 ) r():\l PENS A'FH )N^— (''owimwcf/, of bo:u-(l of iK'iiltli 314, 40(5 of assistant sexton . liow iixeO 41(5 of collectors of ix'VcniK' 572 — 573. 570 of inspectors of l)eef and ])ork 430, 43t), 441 of inspectoi’s of lia}' 445 of jurors before land coininissioner 452, 455 of fund commissioner 314, 300 COjMPTPOLT.Ell, provisions concerning 550—550 city attoriiey to report to 207 assent of, necessary to appeal IVom polie<' court 207 ser'>-eant-at-ai-ms to eariy messsayes foj- 28S not to b(3 accepted as surety on bonds 305 onic(;rs to submit books to inspection of 307 salary of 313 to make out bills foi' razing houses 305 to a})prove contracts for removing slops 42(5 land commissionei* to furnish abstract of judgments to 450 to notify parties of assessments of benetits 450 to receive excess of benetit over damages, when 451 to return lists of judgments to land commissioner 451 may lease certain stands for fowls 4(52 to lease vacant stalls, when 404 ro g)-ade prices of stalls 404 to giv(i notice of h'a'^ing stalls 4(54 to give notice of rent due for stalls 405 may lease unexpired term of stalls 405 to grade pi-ices of tish-stalls and cotlee-stamls 4(55- — 10(5 may re-let vacant tish-stalls 400 to insert caulain ])roviso in lease for tish-stands 400 to locate cotVee-stands 4(57 may lease stalls for certain purposes, how 474 to grant permits for m(*at-shops 470 to advertise for conveying })i-isoncrs to workhouse 522 to award contract foi- conveying j)risoners to woi-khouse 522 to adveilise for city in’inting 523 duties of, coiK'erning bids for ])ianting 524 to select collecdors tor certain duties 551 to order suit against delinqiumts to city ! 555 to i)ermit nunnbers of council to ('xamine books, etc 555 to audit accounts, in auditoi-'s abs<‘nee 55(5 I)owers and diitiesof 55(5 — 55t), 5(5S, 5(53, 571, 572. 573, 582 treasurer to settle with 5(50 examining committee, to ('xamiiu' books of. 5(52 duty of, (concerning rc'ceipts. (etc 5(52, 5(53 colk'cdors to report, to, wlnm 571 Inauls of (kepartments to furnish Information to 550 street-railroad comi)anie,s to tile a(3c(‘p1anc(c with 542 register to i-(*port (Udimpieney of i-ailroad compani(‘S to 543 to (cause suit to be brought against delimpients 513 to ascertain expense of removing goods, etc., from harbor 377 720 INDEX TO REVISED ORDINANCES. ('OMPTROLLEK'S CLERIv, sulary of 813 ('ONCEALED ^^^EAP()NS. })eiui]ty for carrying- 480 — 4S7, 4S8 ( lONDEMNED ILAY, what to comprise 444 to be sold by inspectors 445 ])rocccds of sale of, bow disposed of. 445 ('ONI)EINSKD STEAM, to be paid for as water G38 CONFECTIONERIES, places for sale of. may be kept open on Sun- day 48b CONOREGATION AT WORSHIP, penalty for distuEbinrr 48G CONSULTING RIIYSICIANS, board of health to ai)poinr. 40b CONTAGIOUS DISEASES, board of health to pi-ovide again.st..402, 408 j)ersons attacked with, to be taken to hospital 408 health olllcer to report to board of liealtli 407 CONTEMPT OF POLICE COURT, recorder may i)tmish 520 CONTESTING ELECTIONS, proceedings in 808—304 CON4TNGENT FUND, secret-service mone}" to be chai-ged to 481 certain expenses chargeable to 547 CONTINUANCES IN POLICE COURT, provisions concerning..51G, 517 CONTR ACT for conveying prisoners to workhouse, how made 522 CONTRACTORS, to give security on contracting for w'oi-k 821 accounts of, to be cerlilied liy engineer 822 CONTRACTS, for public work, regulations concerning 320 — 321 for sewers, engineer to prepare 387, 338 sewer (;ommittee to supervise 337 for removing oflal from sewers 342 who to approve form of. .• 321 water commissioners to enter into GIO in waterworks department, provisions concerning Gll, G12 for removing slops, })rovisions concerning 42() for city printing, how awarded 524 general provisions concei’ning liids for 308 — 30b touching city proiierty, to be copied and tiled 448 comptroller to report what, made .■ 558— 55b for coal to waterworks, how made 0*20 CONTROVERSIES between tiremen, how decided 350 — 351 (.’ONVEY ANCES of city pi-operty, to Ix' copied and tiled 448 CONVEYING PRISONERS to workhouse, provisions for 522 — 523 COOPERAGE, inspector of beef and pork to be compensated foi- 43G (COOPERS’ STUFF, whartage on 38G fees for measuring 387 CORD OF FIREWOOD, amount ot, lixed 381, G03 CORN, standard weight of. 441 refusing to have weighed, penalty 444 place tor sale of, at City market 4G2 (,’ORN-xME AL, kiin-dri(xl, may be sold in markets 478 COSTS, what, to be taxed in police court 515 party convicted to ])ay 515 recorder may dismiss on payment of, when 515 city attorney may require security for, when 5.1b— 520 by whom to be taxed 520 — 521 in condemning private propei-ty, how chargial 453 — 154 INDEX TO J{EYISIT) OKDINANCl^^S. 721 COTTON, baled, reg'ulatioiis conceniin^^ I>68 (/OUNCIL (’OMiMrrTEM, to approve ceiiaiii (.'xpejKiitniTS 481 (X)l!N(^I LM EN, \vh(Mi to oiHeiato as recorder oK) two, may eommit to lioose of refuge 434 COWS, bow to be sold in markets 473 COENSElj, assistant, to be employed, wlien 296 COENSELOK (eity), liow appointed 295 qnalitications of 295 term of office of. 295 salary of 313 powers and dnlies of 295 — 296 impy employ connsel to act in his place 296 ma 3 "or to deliver notices and process to 481 to sue on certain bills 365 to conduct suits with land commissioner 448 certilicate of, nece.ssaiy for purcliase of land for waterworks 618 to assist water commissioners G18 to approve form of contracts 321 to approve form of bonds of cit_y officers 305 not to be accepted as surety on lionds 305 to pi'osecute impeachment of city attorimy 310 — 311 register to furnish records and documents to 545 COUPONS, Avhat interest to bear when unpaid 5G1 ma,v be received for dues to city 5G1 how disposed of wlmn paid to eit}" 5G1 CblURT OF APPEALS, common council to sit as 287, 5GG — 5G7 powers and duties of 5G7 president of board of assessors to attend 5G7 — 568 CRAFT, landing freight, to have name painted on 382 — 383 not having name on, penah\' 383 CROSSING, obstructing with vehicle, penalty 341 CROSS-KNUCKLES, carrying concealed 48G— 487, 488—489 CROSSW AlJvS, raliroad companies to pay pare of cost of 541 CRUELTY TO ANIMALS, penalty for 490—491 CULVERTS, railroad companies to keep in I’cpair 540 CURRING, cost of, how [)aid 321 — 325 when to be set 324 regulations concerning 327 D. DAGGER, canying concealed 488 DAM AGES, cit}^ not liable in, to railroad companies 541 railroad companies liable in, to passengers 541 DAMAGES AND COSTS, for opening sti-eets, to what fund to be charged 453—454 how i)aid 453 — 454 when to bear interest 453 when to be paid 453 DANGEROUS ANIMALS, not to be brought on market-places 473 46 722 INDEX TO REVISED OI^.DINANCES. DANGEIIOUS r>U[LI)raGS, i)rovisioiis con(‘(;rnin, DAN(4ER()US PLACES, to be inclosed 335 engineer to notify owners to inclose 335 engineer to cause to be tilled up : 335 DANGEROL^S WALLS, chief engineer to demolish 3(53 DEAD ANIMALS, not to be tlirovvUi into market-places 471 — 47:> not to be deposited, where 4'22 ov,mers of, may convert to their own use 425 owners of. failing to comply with ordinance 425 (S'ee Carcasses.') DEALERS IN PROVISIONS, not to sell in markets 475 not to purchase in markets, except for own use 475 DEATHS, abstract of, to be published 417 — 418 DEBTS, auditor to keep account of. 553—554 DEEDS, for property sold under execution, who to make and liow to be acknowhalged and attested 451 to be recorded and tiled 452 to city propei-ty, to be copied and preserved 448 DELINQUENT PROPERTY, water not to be supplied to 018 i>ELIN(2UENT TAX BILLS, to be delivered to special tax attorney, 574 DELINC^UENT TAXES, provisions concerning 573 — 574 how to be recovered .573 witat interest to bear 574 cost of suit for. how paid 574 DELINQUENT 5VATER-TAX BILLS, how collected 017—018 DELINv^UENTS TO CITY, how proceeded against 5.55, 550—5.57 DEIMANDS AGA INST CITY, auditor to adjust and cei'tif}’ 553 — 5.54 DEPOSITIONS, in contested elections 304 in impeachmeuts 310 in i>olice court 517 DEPUd'ATIONS. provisions concerning 311 DEPU4TES, certain officers prohibited from acting as 307 v.’hat oificers may appoint 311 , 440 principals lialde for acts of 311 city weighers not to employ 001 DEPUTY COMPTROLLER, how appointed 5.50 duti(‘S of 5.50 (•omptroller liable for acts of 5,50 DEPUd Y HARBOR-MASTERS, members of deiiartment 374 salary 'of. 313 DEPU rY TiUMBLR-MEASURERS, lumber-measurers to keej) 387 DEPl'TY MARSHAL (for land commissioner), mayor to aiipoint 4.55 salaiw of. 4.55 duties of 4,55 DEPUTY MARSHAL, may take bail-bonds 511 salary of. 313 DEPUTY WOOD-MASTERS, wood-master to keep 387 DEPRESSIONS BELOW GRADE, to be inclosed 3.35 INDEX TO llEVISED OEDINANCES. 723 DErKKSSIONS r>EL( )W (JK A 1 )¥.— Continued . ciii^iiK'or to notify owiu'rs to inclose 8.‘tr> eng-ineer to ennse to be tilled up 385 DIET OF FIMyONKKS at worklionse, liow reg-nlated G50 DIKK, OR DIRK-KNLFE, penalty for carrying 488 DIRT, regulations for transportation of 581—582 DISCHARGING (WRGOES FROM VESSELS, time allowed for.... 888 DISCHARGING FIRE-ARMS, penalty for 860, 861 DISCOUNT ON MONEY", what fund to be eliai-ged to 561 DISEASED LIVE ANIMALS, penalty for selling in markets 471 DISEASED MEAT, market-masters to seize 468 DISEASED PPIRSONS, to be landed at quarantine 410 DISEASES, powers of board of health to prevent 402 DISOBEY" ING ORDERS, of chief engineer of tire department 868 of chief or assistant engineers at tires 858 DISORDERLY" PERSONS, market-master may eject from markets.. 469 DISPENSARY, board of health to maintain 406 clerk of board of health to conduct 406 DISPUTES, between tiremen, how decided 85). in markets, market-masters to settle 468 DISTILLED LIQUORS, penalty for selling on Sunday 489 DISTRICT SEWERS, regulations concerning 840, 841 sewer committee to rei)ort bills for 840 cost of, how paid 840, 841 connections with, how made 841 I ) ISTR ICTS OF FI RE- A L ARM-TICLEGR A PH S Y STE M 858—854 DISTURBING, lawful assemblage, i)enalty for 486 religious worship, offense of 486 DISTURBING I’EAC’E, l)y three or more parties, penalty for 485 offense of 485 — 186 on Sunday 48tt DIVIDING-LINES between wards 607 DOCKET, of city cases, counselor to keep 295 of police court, how kc'pt 511 in whose custody to be 521 of state cases, how kept 522 DOCUMENTS, register to have custody of 545 otticial, register to })repare and authenticate 546 ix'lating to city, auditor to receive and pi'eserve 558 DOES, sale of, regulated 465, 476 DOG. term detined 497 DOGS, provisions concerning 494 — 497 to be registered and tax paid on 494 — 495 rate of tax on 495 to wear collars 495 to be secured and muzzled 497 redemption fee for im])ounded 496 penalty for poisoning 496 penalty for bringing into markets 478 DRAIN-COCKS, penalty for letting run to waste 630 724 INDEX TO REVISED ORDINANCES. i)TiAINIX(x OF CITY, sewer committee to h:i\'e elii’.rge of 336 DllAiMSHOF-KKEPER, who declared to be 574 — 575 ORAMSHOP IJCENSE8, amount of. 575 Dlt.AMSIIOPS, provisions eoncerning 574 — 576 certain provisions not to apply to 583 ])enalty for keeping open, on Sunday 48h penalty for permittin*^ disturbances in 490 penalty for employing: lewd women in 490 DP AUGIITSMEX, in-esident of board of assessors to employ 569 to city engineer, employment of, etc 322 DRAYS, reo'ulations concerning 528 amount of tax on 528 to have registered number on 528 — 529 rate of fare for 531 to have name of owner on 534 DRESS, offenses concerning 487 DRESSED FOWLS, certain stalls may be rented for sale of. 462 DRESSED l^OULTRY, how stands may be leased for 474 DRIFT-WOOD, not to be stopped at certain places 385 DRINKING, table for, not permitted in markets 472 DRIVERS OF HAY OR COAL TEAMS, weighers not to treat 598 DRIVERS OF LICENSED VEfllCtLES, to wear badges 531, 534 DRIVERS OF VEHICLES, liable as owners 533 charging excessive fare, penalty 537 DRIVING FAST OR CARELESSLY, penalty for 490 DRUGS, places for sale of, may be kept oi)en on Sunday 489 DRY MEASURE, what articles to be sold Iw 440 DUNNAGING BUSINESS, how carried on. 388 E. FIATING, table for, not permitted in markets 472 EGGS, how stands may be leased for sale of 474 ELECTION OF MAYOR, when and how held 482 to be ordered by president of council, when 481 ELECTIONS, where to be held 300 expense of, how paid 300 what notice of to be given 300 when to be void 302 contested, proceedings in 303 — 304 EMIGRANTS, to b('. landed at quarantine 410 EMPLOYEES, of tire department, how api)ointed, etc 351 — 352 of engineer department, regulations concerning 322 — 324 in waterworks (U'parlment, who to lix salary of. 023 ENGINEER, chief, of tire department (see chief engineei-). ENGINEER (city), (pialitications of. 319 oath to be tak(m by 319 general duties of. 319 — 322 to approve surety for contracts 321 to certify accounts of contra(;tors 322 INDEX TO REVISED ORDINANCES. K N ( I N E E 1 J (cJ t y )—Co7i iin 7 ted . to keep streets, ete., in repnir H21 to eniis{‘ sidewalks to Ix? ])aAaMl. when .‘ki t to eontraet for removing otfal from servers H4’2 duties of, in sewer eoininittee 237 — 338 to appoint superintendent of lamps 312 to eontraet for making sewer eonneetions, ete 313 to notify owners to inelose dangerous places 335 to cause dangerous places to be tilled up 335 to assess certain costs of property-owners 33G sergeant-at-arms to carry messages for 288 not to be accepted as surely on bonds 305 salary of. 313 to furnish information conceridng cemeteries 417 street inspectors to report condition of streets to 420 duty of, in opening streets 454 to survey and make plats of property for land commissioner... 440 to give information to new-limit committees 504 to contract foi* woi-k ordered by new-limit committees 504 duties of, touching work in new limits 504 — 505 member of board of improvement of Lafayette ])ark 507 to assist committee of improvements of Can- square 507 to notify street-railroad comi)ani(“S to i'e[)air streets 540 to repair streets at cost of railroad companies 540 to fiu-nisb certain information to comptroller 558 — 550 to mak(* out tax-l)ills for hndng water-])l[)e G25 to deduct cei’tain expemses fi-om contractors 030 may ordei- tire-plugs to be used, when 030 ENGINEER DERAETiMENT 315 established 310 ENGINEERS (lire), waterworks eommitt(‘e to lix salaiy of. 023 ENGINES, duties of boai’d of tir(‘ (?nginee?-s concerning 350 ERlDEMKb health ollicer to i‘(‘port i)reva!ence of. 407 ERRORS IN ASSESSMENT, how corrected 500, 507, 508 EStLVRE of ])risoners from workhouse 051 EXAMINING COMMITTEE, how appoiided 50! duties of... 501 — 502 EXCAVATIONS, olienseof making, without i»ropei- protection. ,332, 331 to be inclosed ^ 335 cost of inclosing, how paid 335 — 330 in stre('ts, without peianission of (*ngineer 341 for laying pipe, to l)e by (.‘ontraet 027 to Ik' under directions of city engineei’ 028 EXCREMEN'fS, not to be depositiMl on jniblic grounds 422 EXECUTION-RL04''rER, clerk of imlice court to k(‘ep 521 EXECCTION-HOOK , chn-k of police court to keej) 521 EXECU'l'IONS, to issue*, for unpaid judgments in opening streets... 450 wh(*n retnrnabh; 451 when to issiug from jiolice court 518 how to be made out 518 — 519 726 INDEX TO 1^E^TSED ORDINANCES. EXEC U T IONS — Continued . how to 1)6 satisfied 519 ag’aliist city, water coiiiiiiissioners to pay GIO EXEMPT FROM TAXATION, what to be 588 EXHIBITIONS, license to be procured for 584 ainonnt of license for 580 EXPENDITURES, for house of refugee, hoAV paid 432 for jiarks and sipiares 506 for waterworks, water coininissioners to control 010 of waterworks de])artinent, waterworks committee to control 623 EXPPINSES, of removing wreck from harbor 384 incurred by board of health, how paid 404 for abating nuisance, to be special tax 405 at quarantine, how paid 414 for salt, etc. , inspector of beef and jiork to be compensated for... 436 in removing obstnudion in streets, how charged 454 in viewing nuisances in aliej'S, how paid 455 for stationery, fuel, etc., for city officers, how jiaid 547 EXPOSING FOR SALE, in market, what deemed to be 473 F. FALSE ALARM OF FIRE, giving, penalty 357, 486 who to investigate 356 FALSE WEIGHTS AND MEASURES, to be seized, when 430 FALSIFYING CERTIFICATE OF WEIGHT, penalty for 598 I’UARMERS, who deemed to be 475 may sell meat by the quai-ter 470 — 171 to pay no fee for occupying stands 475 FARMERS’ WAGONS, stand for, at North market.... 460— 461, 474—475 market-masters to supervise 460 — 461 at City market 461 at Center mai-ket 474 FAST DRIATNG, penalty for 490—401 FAWNS, sale of, regulated 476 FEE of register, for issuing licenses 529 FEE-BILLS, in police court, who to make out 520 — 521 FPIED (long), stands for vehicles transiiorting 536 FElilS, of f ity ollicers, to be paid into treasury 315 of city weighers, city weigdiers to nqiort 600 — 601 of city weighers 601 — 602 of inspectors 441 — 143 of inspector of beef and i)ork 461 of inspectors of ha}^ 445 of inspector of wifigbts and measures 441 — 442 of insiiectors of weights and measures, lor te'ting scales 595 — 596 for inspecting charcoal-baskets 600 for issuing iieianits at (piaraiitiiK' 415 of lumber-measuiT'rs 387 of market-masters, (“oi‘ weighing 469 INDEX TO llEVTSED OEDINANCES. 727 F E — Confuted . for nu‘a,surin<>- llrewood OOH of rei*‘istor, for issuing- nuaitshop licenses 477 — 478 for registering* dogs 497) for redeeming i)ni)onnded dogs 49(5 of wc'igliers of luiy and stone-eoal 7)9(5 of wood-master 381 — 382 EEGEIv, ALBERT, to remove eareasses out Of city 424 to give bond 424 failing to remove eareasses as contracted 425 EEXCES, injuring, olfense of 3.34 FERMENTED LIQUORS, not to be sold in markets 472 not to be sold without license 574 FERRIAGE, rates of. 394—395 FE R RIES . provisions concerning 392 — 395 not to be kept without license 392 })etition to common council to be kept 392 common council may di)*ect license to issue for 392 mayor may direct license to issue for, when 393 duties of keepers of 5393 failing to convey ])assengers or property 393 license to be revoked, wiien.. 393 keepei's of, may be sued on their boiuls, when 5393 FERRULES, what kind to be inserted in pip(!S (530 register of water-rates maj’’ Avithdraw, wh<>n (530 fee for replacing (5.30 FERltY-BOAT.S, harbor-master to keep lauding of, clear 375 not to pay wharfage 38(5 place of lauding of. harbor-master to dii*ect 3955 — 5394 liow to ci*oss the rivei* 394 how long to rinuain at landing 394 copies of certain ordinances to lie ])osted in 395 failing to post up copies of ordinance 395 FIELD-HANDS, how emidoyed, etc., in engineer department 323 FIERUE DOGS, i)ermitting, to run at large, ixmalty for 497 FRUITING another, disturbing peace by 48.5 — 48G FlIRRNG UR 'rREN(51iES, may be done by contract (527 FILTH, not to be deposited in market-places 471 — 172 not to be conducted into liighway 421 from privies, not to lie dei)osit(Ml in city 422 FINANGIAIv CONDITION OF (JIIA', comptroller to report on .558 FINE, amount of, Avhen not lixed 314 maximum of, when not lixial .344—345 FINES, informer to receive share of (see informer). lire-compani(*s not to impose 3,52 inspector of vehicles to i*eceive one-half of certain .533 FINES AND RENALTIES 344 FIRE, in (-ase of, res(U‘voir to be tilled (52(5 FIRE-ALARM TELEGRARH, salary of operators of .314 central station of ,353 injuring oj* interfering with 3.57 728 INDEX TO REALISED ORDINANCES. FinE-ALARM-TELEGRAPir SYSTEM, divided into distnets..85.3-3r)4 sir’ll ill -boxes of. 3rG— 355 nhn-m-bells of. H55 FIRE-ALARMS, ])rovisioiis concerning 353—358 to ])e given by fire-nlarni telegrai)ii 353 FIRE-APPARATUS, board of fire-engineers to take possession of... 350 bow sold 350 FIRE-ARMS, regulations concerning discharge of 3G0 FIRE-COMPANIES, may use water from lire-i)lugs G34 FIRE-CRACKERS, regulations concerning discharge of. 3G1 FIRE-DEPARTMENT 345 liow composed 349 to be under command of chief engineer 350 — 351 pro])erty of, to be in charge of chief engineer ...350—351 salaries of otiicers of 313 not to be interfered with by railroad-cars 541 FIRE-ENGINEERS, members of fire-department 349 board of (see boai'd of fire-engineers). election of. 289 FIRE- LIMITS, provisions concerning 358 — 3G2 established 358 — 350 FIREMEN, members of fire-department 349 how appointed 350, 351 disputes between, how decided 350—351 qualifications of. 352 liow dischra-ged or suspended 351 — 352 waterworks committee to fix salary of, at waterworks G23 FIRE-PLACES, dangerous, chief engineer not to permit 3G3 FIRE-PIjUGS, how erected G27 hov,' only to be used G30 letting run to waste G30 — G3l opening without authority G34 fastening animals to 332 offense of injui-ing 334 FIRES, chief engineer to attend at 350 — 351 jn-evention of, provisions concerning 358— 3G2 in (‘ase t»f. streets to be at use of fire-department 541 not to be kindled in market, except 472 FIRES AND FUEL, sergeant-at-aians to provide 288 — 289 FIREWOOD, wood-master to direct landing of 381 wood-master to measure and collect charges bn 381 wood-master to control wharf in mgard to 381 taking, from cords measured 381 rates of wharfage on 381 not to be placed on jiaved wharf 381 how to 1)0 measured 381 , 382 liow to be sold 381 sold in wood-yards, keeper to furnish ticket 382 furnisliing less than ticket calls tor 382 when to be removed from landing 385 jirovisions conceiaiing measurement of G02— Gbt INJ)EX TO KEVISEl) (UU)INANCES. 720 F 1 iJ F. W ( )( ) 1 )— . liow to 1)(‘ brouii’ht into city 002 to 1)(! me.Msnivd before selling' 002 bow to be niensured (502 not to be diniinisbed utter receiving eertilieute OOO cord of, what to measure (5051 eoininitting trand in selling, j)enalty 0051 delivering less than certilled, penalty 004 FIRE^V01^KS, provisions eoncei'ning 301 FISCAL AFFAIIIS, comptroller to supei'vise 550 FISH, place for sale of, at North market 401 not to be sold to be eaten in mai'ket 472 penalty for selling, without license 477 dead, not to be thrown on market-places 471 — 472 FISH-STANDS, who to grade prices of. 405—400 l)art of Center market not to b(‘ leased for 400 amount bid for, to be paid to comptroller ... 400 becoming vacant, comptroller may re-let 400 leases for, to contain proviso 40(5 FI5iTUliFS, in street, etc., regulalions concerning 5320, 3513 of waterworks department, how laid down 020 regulations concerning 029 opening without authority 034 FLATBOATS, not to land in front of waterworks 378 wharfage on 380 FLESH OF CERTAIN ANIMALS, not to ])e sold 471 FLl'ES, I'cgulations concerning 301 FLYING KITES in streets, penaltj’" for 491 FODDER , stands for vehicles transporting 5530 FOOTWAYS, i-egulations for construction of 5320—5127 FOO'rWAYS AROUND IMARKETS, market-masters to sprinkh' 408 mai'ket-masters to kec]) clear of ice 408—409 FOREIGN INSURANCE COMPANIES, tax on 588 FORFEITURE OF BAIL BONDS, how set aside 512 FOUL (JR NAUSEOUS LK^UOR, not to be discharged into streids 422 FOWLS, dead, not to be thrown into market-places 471 — 172 FRESH MEAT, places foi- sale of, by the (piarter 401, 4(52 — 1053 none but lessees of butchers’ stalls to sell 479 to be sold only at stalls 470 not to be sold without license 477 penalty for selling, without license 477 FRONT STREET, harbor-master to su[)ervlse. 5374 — 5375 FRUIT, hucksters not to purcha.se during mai'ket hours 475 FRUTT-ST.VNDS, at City markiT 402 when to be leased 404 FUEL, I'egister to furnish for certain olllcers 51(3 expcn.ses of, how jiaid 547 not to be kindled in markets 472 FUND-(.’OMMISSlONER, how appointed 5109 term of ollice of 5309 780 INDEX TO IlFANSED ORDINANCES. FUND CO M M rSS I ( )NE II— Con Hnued . duties of. 3()9 eoinpensatioii of. 314^ 309 FUNETIAL CEIIEMONIES, music permitted at 480 FUNDS, ti-easurer to kec}) separate account of. 559— 5G0 subsci-ibed for ]);u'ks, bow expended 500 FUilNITURE, regi.ster to furnisii for certain otiicers 540 ex])ense.s of. liovv ])aid 547 FUriNITURE-CAllS, I'eo-ulations concerning- 528 tax on 528 to liave i-eg'istered number on 528 — 529 rate of fare for 531 to have name of owner oii 534 limitation of stands foi- 535 FUTTERKNECIIT, Gottlieb, to remove carcusses from city 424 to give bond 424 failing to reiuove cai-easses as contracted 425 G. GALLERIES, proliibited from extern. ing on sidewalk 325 — 320 GAMBLING DEVICE, penalty for setting up or betting at..*. 489 GAME, place for sale of, at Nortk market 401 place for sale of. at City market... 402 Imcksters not to purchase, during marlu'f lioui's 475 regulations concerning sale of 475 — 470 penalty for selling, without Ih-ense 477 GAMES, penalty for ])laying, on Sunday 489 GAMING-TABLE, penalty for keeping oi- betting at 487 — 488 GARBAGE, regulations for veliicles t]-anspoi*tlng 531 — 532 G ARDENS, ])ul)lic. may be kug)! open on Sunday 489 GASLA^IPS, penalty for injuring 335 GASLIGHT committer' eleGion of 289 GASP! RES, regulations for making connections witli 343 city not ]ia])le in dainage.s for breaking- of 541 GATEKEEPEil AT' WORKHOUSE, qualitication and duties of {)45 GOATS, running at large, declared nuisances 423 GOODS, on whai-f, how to ])e nunoved 377 c,ost of rcunoving, how ])aid 377 harbor- master may sell, wlum 377 manufactured in city, not to lx; sold in markets 473 penalty for selling, on Sunday 489 j)enalty for selling, without payiu.g tax 580 GRADE OF STREETS, duty of engineer comau-ning 319—320 GRAIN, kiln-di-i05 — .‘307 GUTTERS, cost of, how paid ' :325 water taken from, to be paid for 058 11 . HACKNEY CARRIAGES, reo-ulatioiis concerning 528 tax on 528 to have registered number on 528 — 529 i-ate of fare for...., 550 rate of fare to be posted in 551 drivers of, to wear badges 551 to carry lights at night - 551 limitation of stands for 555 HALL OF COMMON COUNCIL, sergeant-at-arms to attend to 288 IIA]\IS, who may sell in market 470—471 HAND-CARTS, penalty for trundling on sidewalk 52(5 HAND-ORGANS, licenses for, prohibited 480 HARI30R, duty of engineer conceiaiing 519 harbor-master to remove leaking boats from 585 HARBOR DERARTMENT 570 established 574 HARBOR IMRROVEMENTS, auditor to keei) s(‘pai‘ate account of... 554 HARBOR-MASTER, duties and powei'S of. 574-578, 585—584, 585 58(5, 588, 589—590 may employ laborers and teams 577 comi)ensation of, for selling goods from landing* 578 to colh'ct wharfage for landing e.oal 585 may extend time for discharging freight 5vS5 directions of, to be obey(*d 584 — :)85 to enforce certain ngadations WHi) salary of. .‘515 may chaider steamboat in case of lire? #. 5(51—5(52 to enforce ju-ovisioiis concerning landing of boats 5(52 register to fmaiish blanks to 54(5 HAWKERS, to procure licamse 584 who declared to be 588 amount of license for 588 regulations concerning vehich'S of 588 HAY, to b(“ protected against fire 5(50 directions concerning storage of 5(58 selling, without being weighed, [lenalty 598 bringing, in wagon not stamped 594 vehicles bringing, when to lx* weighed 595 penalty for throwing, into highway 421 place* for sale of, at (3ity mark(‘t 4(52 stands for ve'hicles transporting 55(5 732 INDEX TO REVISED ORDINANCES. IT A Y — Continued . wlien to be removed from wharf. 385 baled, to be inspected 444 elassilication of. 444 penalty for selling-, without inspection 445 condemned, to be sold by inspector 445 HEADS OF DEPARTMENTS, duties of, to furnish information 559 HEALTH OF CITY, board of health to provide for 402 HEALTH DEPARTMENT :. 39(i HEALTH-OFFICER, provisions concerning 407 term of office of. 407 duties and ])owers of. 407. 419, 428, 049 member of board of health 401 to register pei-sons dying in hospital 402 to send certain boats to quai-antine 413 to report persons bringing paupers or insane to city 419 salary of. 313 may allow lights to prisonej-s at workhouse 049 duties of, at workhouse 049, 050 HEARTHS, regulations concerning 303 HEATH-HENS, sale of, regulated 475 — 470 HEMP, ]-egulations concerning storage of 308 how long- to remain on wharf. '...,308, 385 HEMP MANUFACTORIES, regulations concerning- 308 HIDES, green, not to ])e ke}}t in city at certain times 422 HIGHWAYS, offenses concerning- 333, 334 HIRING OFWEIHCLES, what deemed to be 532 HOGS, not to be kept confined in city 422 running at large, declared nuisance... 422 to be taken U[) and sold 422 — 423 proceeds of sale of, how disjiosed 423 not to be kept in city 423 how to be sold in marknts 473 HOLES belov/ grade, to be inclosed 335 HONEY, regulations concerning- sale of in markets 47:5 HOOIv-AND-T.ADDER'SHUlMPANIES. to lie established 3.52 HORSE-AUC'iTONEERS, provisions concerning 58(t amount of license for 589 HORSE-xMARKET, ^\ lio may keep 580 HORSES, penalty for driving or leading ovm- sidewalk :>:>2 of lire depariment, how sold, etc :150 chii.'f engineer may purchase .353 not to b(‘ waslnal in sti-eets, eti; 421 not to be sold in streets 580 not to I)c riddtm or driven into market-places 471 ]-egulations for sale of, in marki'ts 47:1 HOSPITAL (see city bos^iital and (jiiarantine hospital). HOSPITALS, temporary, lioard of health may establish 40.3 HOTEL COAtdlES, lax on 528 HOTEL OMNllUJSSES, taxon .528 INDEX ^ro DKVrSKl) ORDlNyVNCES. inn HOTEL WA(JO\S, Inx on 528 HOUSE Ol'EAL, liow to l)o (lis|)os('{l of. ^21 HOUSE OE ILL-l'WME, iieiialty for k('opin^ 488 HOUSE OF KEFUGE 430 c\rohibited 472 HJdNOIS-RlVER PA(R\E'1’S, landing of. 389 IMJMORATj PlvAY, penalty foi- y)erforming 487 IMPEAtJHMEN'J’S OF CITY OFFKJERS, provisions concern- ing 309—311 IMPROVEMENTS, engiiu'er to remov(‘, on oj)enlng streets 451 how assessed for taxation 565 of Lafayeth^ ])ai-k, how su])ervised 507 IMPURE ARTKRjES, duty of mai'k('t-mastei- to seize in markcds... 468 IMPURE K’E, what deemed to be 491 l)enalty for taking, from jjonds 491 INCENDIARIES, power of chief engineer to arrest 364 IN(/LOSURES, chief engineer may enter 363 INCUMBRANCES, ixmalty for depositi)ig, on wharf. 385 INDECENT, dre.ss, penalty for wearing 487 or le.wd book, penalty for selling 487 bills, etc., penalty for posting or distributing 488 734 INDEX TD REVISED ORDINANCES. INDIGENT PEESONS, to receivo inetllciiies and advice, Avliere 40G INFECTIOUS DISEASES, power of Ijoard of health coiiceriiiiio’..402, 403 INFLAIMMABLE SUBSTANCES, regulations for boiling 3G0 INFOP.MIEI, to receive shai-e of certain lines 335, 445, 47G, 477, 495 584, 594, 595—597, 598, 599, GOO, G03 to pay costs, when 515 may withdraw chai-^'e, when 515 INSANE PERSONS, provisions concerning 419 — 420 penalty foi- bringing into city 419 expense of removing from city, who to pay 419 notice of, to he given to mayor, etc 419 how dealt with 419 — 420 INSPECTION DEPARTMENT 434 INSPECTION OF BEEF AND PORK 43G— 439 INSPECTION OF BUILDINGS, provisions concerning 3G2— 3G5 INSPECTOR OF BEEF AND PORK, ajipointment, powers, and duties of. 43G— 439, 442 fees of. 441 INSPECTOR OF BUILDINGS AND FIRES (see chief engineer lire department) . duty of, to report violation of ordinance 331 INSPECTOR OF llAY, mayor to appoint... 444 bond of 4T4 term of office of 444 duties and powers of. 444 — 445 compensation of. 445 penalty for altering brands of. 445 INSPECTOR OF YEIllCLES, how appointed 533 duties and powers of 533 compensation and salary of. 314, 533 bond of. 533 term of olfice of 533 INSPECTOR OF WEIGHTS AND MEASURES, how appointed.... 43G provisions concerning 439 — 410, 442 fees of. 441, 442 fees of, fortesting scales 59G duty of, to inspect charcoal-measures GOO fees of, for inspecting charcoal-measures GOO INSPECTORS, appeal may be taken from 442 — 443 prohibited from dealing in articles inspected 443 INSPECTORS OF HYDRANTS, how appointed G32 duties of. G31 , G32 — G33 to have free access to premises G41 INSTALLATION of mayor, provisions concerning 480 INSURANCE COMPANIES, foreign, taxon 588 INTELLIGENCE-OFFICES, provisions concerning 578 — 579 who declared keeper of. 578 amount of licens(‘ for 578 penalties for cei’tain otfenses at 579 INTEREST, auditor to keep separate account of. 554 INDEX ^ro 1U^:MSEI) OIlDINANCrES. TN'riCKM ENTS, in St. Louis crnn'toiy, provisions (tonceniin^.... 415— 410 S(‘xton to keep n'^ister of 410 AvluMi ])rolnl)ite(l in certain ccinetcries 410 — 417 IX'rERPlIE'rKli:, ass(‘ssoi-s may eini)loy 50(5 INTOXICATED PEILSONS, proliibited from frcMpicntin^ market- places 472 penalty, when found on street 487 ])enalty. when found on street on Sunday 4S9 — 490 INTOXICATING LK^UOKS, merchants not prohibited from selling.. 575 term delined 575 IRON, pig, how long to remain on wiiarf 385 IRON-MOUXTAIX- RAILROAD COMMITTEE, election and du- ties of. 289 J. JACKS, how to be sold in markets 473 JOISTS, lumber-measurers to measure 379 expense of handling, v.dio to pay 379 how assorted and measured 380 wharfage on 380 fees for measui-ing 387 JOB-PRINTING, how advertised for 523 contracts foi-, how awarded 524 JUDGES OF ELECTION, how ai)p(>inted 300, 301 ixmalty for intertering with 302 compensation of. 303 JUDGMENTS, land commissioner to lamdei’ 450 in police court, recorder to nob' on docker 511 when to be r(*nder(;d by default 513 JURIES, in police court, v/hat number to consist of. 514 how summoned, when marshal is interested 514 JURISDICTION of ])o]ice court 510 JURY', dudes of, in opening streets 450 oath to b(* administered to, by land commissioner 449 oath to be administ(*red to, in police court 514 duties of, in viewing nuisaiua'S 455 compensation of, in oi)ening streets 452, 455 JUS4TCES OF I'lIE I’EACE, when to otllciate as recorder 510 JUVENILE OEFENDERS, house of refuge establislual for 431 K. KEEL-BOATS, haiRor-master to direct mooring of. 370 — 377 owuiers of, refusing to obey harbor-master 370 — 377 wharfage on 380 KEEPER OF BEER-IIOUSE, who declared 575 not to sell licpiors 575 KEEPER OF INTELLIGEN(’E-OFFlCE, who declared 578 to procuVe license 578 violating ordinance, penalty 579 73() INDEX TO DEVISED ORDINANCES. KEE PEU OF 1 Nl'ELLTGENOE-OFFTCE— Oojif i-ccoivinp,’ fee on false pretense 579 KEEPEll OF LAFAYETTE PARK, who to appoint 507 KEOKUlv PACKETS, rate of wharfo^e for 389 KEY-nOLDERS OF StGNAL-POXES, duties of, in ease of tire 357 KEYS OF SIGNAL-BOXES, provisions eoncernino’ 355 — 357 KILN-DRIED GRAIN, ET(h, may be sold in markets 478 KITE, ll3'inf^ in streets 49I KNUCKLES, metallic, found on parties gtnilty of breach of peace 480—487 carrying concealed 488 — 480 L. T.ABOR OF PRISONERS, rate of pay for, board of managers of workhouse to prescribe 047 LAFAYETTE PARK, board of improvement of. 500 — 507 liAMP-POSTS. oflenses conceiaiing 332, 334, 335 LAMPS, market-masters to keep burning in markets 409 LAMPS OF CARRIAGES, to have registered number on 531 LAMPS OF OMNIBUSSES, to have registered number on 531 LAND COMMISSIONER 440 salary of. 313, 448 how appointed 448 term of office of. 448 general duties of. 448 duties of, in opening streets 448 — 454 duties of, in viewing nuisances in alleys 454 — 455 deputy marshal to perform duties required by 455 certificate of, necessary befoi-e purchase of land for waterworks... 018 to assist water commissioners 018 LANDING, harbor-master to supervise 374—375 to be extended, when 370 things on, when to be removed 385 gunpowder, regulations for 300 — 307 LANDMARKS, displacing, penalty for. 334 LANDS, how acquired for waterworks 018 LANES, street insiiectors to report nui.sances on 427 — 428 IjARD, how to be inspected 430 — 438 how to be sold in markets 473 LATHS, where to be landed 380 wharfage on 380 fees for measuring 387 LAYING PIPES, contrary to regulations 030—031 LEAD, pig, how long to remain on wharf. 385 LEAD SERVICE-PIPE, howto belaid 028 regulations concerning (!28 LEvVKING HYDR ANTS OR PIPES, inspectors to report 032—033 LEASES OF STAT.LS OR STANDS, to be forfeited, wIkmi 471, 473 to contain clause of forfeiture 405, 407 INDEX TO EEVTSEl) OEDINANCES. T?)7 TjT^ASING of STAIJiS AND STANDS, provisions concerning 404 — 407 IjF(’'rURFS A'r HOSPITALS, not to be held in i)resence of patients, 409 r.Fti Ar. OPINIONS, (counselor to lumber 027 persons using water without, inspectors to report 032 — 033 using water without 634 LICENSE OF CITY WEIGHERS, how obtained 000 amount to be ])aid for 000 not granted to certain i)ersons 601 to be forfeited, when 601 IJCENSED VEHKTvES. to have names of owners on 534 LICENSP^S, provisions concerning 575 by whom to be issued 575 by whom tax on, collected 570 — 571 account of, to be returned to register, when ,570 — .571 by whom to be required of parties liable for 570 — ,571 how long to remain in force 586 to be subject to provisions of ordinances 580 — ,587 bhudv form of, mOio to issue ,587 how transferred 587 for dramshops and taverns .575 for beer-houses 575 for pawnbrokers ,577 for intelligence-oflices ,578 for auctioneers 579 for horse-anctioneers 580 for non-resident tiaders ,583 for billiai'd- tables ,585 foi- lune or ten pin alleys ,585 for peddlers 580 for merehandise or real -estate brokers ,580 for )noney-l)rok(M*s for sliudle-board or bagatelle-table for ordinary tor exbi))itions for hawkers LICENSES FOR WATER, when to be issued expiring, notice to be given for what length of time to be issued to be paid in advance how dated may be transferred, how 47 ... 580 ... ,580 ... ,586 ... 580 ... ,588 ... 031 ... 032 ... 033 ... 033 ... 033 ... 633 738 INDEX TO REVISED ORDINANCES. LICENSES FOR W Continued . reuiovjil of piirty holding, to be noted unionnt of, may be refunded in case of lire using water without when not to be issued to l)e issued for one purpose only niaj" be issued to use water from neighboring hydrant how obtained by parties living beyond where pipes are laid, may be withheld by register of watei'- rates may be revoked, when not to be issued for premises on which taxes are unpaid mayor may set aside prohibition to issue LICENSES FOR FERRIES, how obtained... register to issue, when applicant for, to give bond register may renew, when mayor may direct to issue, when LICENSES FOR LUMBER-MEASURERS, amount to be for G33 G33 G34 G3h G30 G39 G39 G39 G40 G40 G41 392 .392—393 ,.392—393 393 393 paid .378—379 LICENSES FOR MEATSIIOPS, how obtained 47G— 477 register to issue 477 amount to be paid for 477 LICENSES FOR PUBLIC PORTERS 543 LICENSES FOR VEHICLES, may be semi-annual 528 register to issue 528, 529 provisions concerning 529 — 530 to be forfeited, when 538 not to be renewed, when 538 LICENSES FOR STREET-RAILROAD CARS, provisions con- cerning 542 — 543 LICENSES to drive licensed vehicles, provisions concerning 534 LIGIITINGr CITY, auditor to keep separate account of. 554 LIGHTS, using, in stable or near combustible material 3G0 use of, in workhouse, regulated 649 LIME, vehicles transporting, howto be secured 531 — 532 LINES OF STREETS, duty of engineer to give 319—320 LIQUORS, not to be sold without license 574 certain provisions not to authorize selling of. 583 not to be sold in markets 472 fermented, places for sale of, may be open on Sunday 489 distilled, penalty for selling on Sunday 489 LISTS OF PROPERTY, for assessment, how made out 5G4 — 565 LIVE ANIMALS, how to be sold in markets 473 LIVE STOCK, who may keep market for sale of 580 not to be sold at auction in street 580 LIVE BY-STABLES, tax on vehicles ke])t in 528 keepers of, to rei)ort number of vehicles in 530 keepers of, to pay tax on vehicles 530 may be kept open on Sunday 489 sanitary regulations concerning 421 INDEX TO REVISED ORDINANCES. 7B9 LOr«S, not to bo Iniuled in front of waterworks 878 wliere to be landed 880—881 to be (‘lit and measured, when 882 not to be ent on wliarf. 882 wharfage on 880 T/)OSE ^FA'l’ERTALS, veliiides transporting, bow to be secnred...581— 582 LOSING money or property at gaming 487—488 LOTS, eliief engineer may enter 363 LOUD NOISES, disturbing peace by 485—486 LOUNGING about markets, prohibited 472 LUCAS ^lARKET, provisions concerning 460 — 468 LU]MHfNI, may be landed free of charge, when 379 when to be removed from landing 885 where to be landed 880 — 381 LUMBER-MEASUllEES, members of harbor department 374 harbor-master to control 374 — 875 to pay license 878 — 879 to give bond 879 exercising offie,e without authority 379 powers and duties of. 879 — 380, 884 — 887 to report to register 884 parties to comply with directions of. 884 — 885 tees of 887 to keep deputies 887 not to buy or sell certain articles 387 register to furnish blank certilicates to 546 LUNATIC, notice of, to b(? given to majmr, etc 419 M. MAD PERSONS, how dealt with 419 — 420 MADISON-COUNTY FERRY COMPANY', register to issue license to 895 rate for license of 895 M.MjIGNANT diseases, board of health to provide against... .402 — 408 MANIMAYCTURING ESTABLISHMENTS, how asse.ssed 565 MANURE, velucles transporting, how to be securiMl 581 — 582 MAP, of city, superintendent of wat(‘rworks to keep 626 of waterworks, water commissioners to keep 618 M.YPS, engineer to preserve 819 to be open for examination 822 of district sewers, how made 888 land commissioner to cause copies of, to be made 448 MARKET, persons selling in, not to purchase for others 471 nothing to be sold in, on Sunday 472 M ARKIOT-GROUNDS, market-masters to superintend cleaning of... 468 market- masters to Sjirinkle 468 MARKET-HOURS, parties occupying stands or stalls to keep 465 fixed 470 market-masters to ring bell at close of. 470 duty of lessees of stalls and stands at close of. 470 740 INDEX TO REVISED ORDINANCES. MAIMvET-lIOUSES, auditor to keep separate account of. 5.51 MARKET HOUSES AND PLACES, inarket-iuasters to supervise.. 458 market-masters to have custody of. 4(58 -MARKE'r-M ASTERS, provisions concerning 407—4(59 authority of, to fix rules and reg'ulations 403 — 154 to enforce certain provisions 475 to post rules and regulations on markets 403— 4G1 to keep snllicient number of tisli-stands 4(5(5 may permit occupation of vacant stands, how 4(5(5 to give receipt for monej^s 467 to account for moneys received 4(57 failing to account for mone5^s, penalty 467 making excessive charges, penalty 467 how ap poi nted 467 duties and powers of 468—469, 470, 471, 473, 474—475, 476 salary of 314 of private markets, duties and powei's of 473 .MARKET-PLACES, street inspectors to report nuisances on 427 — 428 street inspectors to superintend cleaning of 429 street inspectors to report certain offenses on 430 depositing tilth, etc. , in, penalty 430 -MARKETRY, vehicles transporting, exempt from tax 530 MARKETS 1 45(5 Avhen to be open 470 ordinance concerning, how applied 473 kiln-dried grain, etc. , may be sold in 478 MARKS of inspectors, changing, penalty 445 MARSHAL (city), to provide i-ooms for elections 300 to certify expenses of election 300 to serve process for common council 310 salary of. 313 to superintend landing and shipping of gunpowder 366, 3(57 to sell forfeited gunpoAvder 367 to execute search-AAUirrauts, Avhen 367 to seize and sell gunpowder, when 367—3(58 to arrest persons violating quarantine regtdations 412 — 113 to arrest persons bringing paupers or insane to city 419 to !iotify mayor, etc., of insane persons 419 lo take up hogs running at large 422 duties of, in selling hogs 422—423 nuiy em])loy assistants to take up hogs 423 to deliver convicts to superintendent of house of refuge 433 to i-eturn commitments to clerk of police court 433 to serve and return process to land commissioner 149 to collect executions 450 — 45! 1o advertise and sell propeily 451 to make deeds of propei-ty sold 451 to strike off imoperty to city, when 451 to seiwe i)rocess in viewing nuisances 155 duty of, concerning gambling device 487 — 188 INPEX TO ]!EVISE1) OEDINANCES. 741 M AKSII ATi (••it y) — Co)itimied. to impound (loy;.s found without collars 4di) to kill iloo's, when 40(5 — 497 may ajiprove. bail-bonds oil to serve summons 513 to brin^' pi'isoners into court 514 to pay witnesses’ fees, when 510 to deliver prisoners for conveyance to workhouse 519, 522 — 523 how to be governed in certain cases 520 to pay inspector of vehicles one-half certain fines 533 to arrest hawkers without license 588 — 589 to sell hay, coal, and vehicle, when.. 595 — 596 duty of, in conveying prisoners to workhouse 647 MATERIALS, loose, vehicles transporting, how to be secured. ..531 — 532 .MATRON OF HOUSE OF REFUGE, board of managers to a]i- point 432 — 133 board of managers to fix salary of. 432 — 433 term of offiee of. 432 — 433 MAXIMUM OF PENALTY, when not fixed 344—345 ma}^ be recovered, how 345 MAYOR 479 common council to provide for installation of. 287 to convene common council as court of appeals 287 to give notice of called sessions 288 sergeant-at-arms to carry messages for 288 — 289 duty of, on vacancy in common council 289 — 290 power of, concerning bills 290 — 294 opinion of, on interest of city in suit 295 to })rocure securities in ai)peals 296 maj' rnpiire counselor to report, what 296 may employ assistant counsel, when 296 may require attorney to prosecute, when 296 — 297 to approve counsel em])loyed 297 lo ai)point counsel, when 297 to ai)p()int places for holding eha-tions 300 to approve expenses of elections 300 to give notice of elections 300 — 301 when to appoint judges of election 301 when tooi-der new election 302 to be present at counting votes 302 — 303 to sign certificates of election 303 to a])prov(5 securities on bonds 305 to sign oIli(;crs’ commissions 305 when to nominate oliicers 305 — 306 duty of, on rejection of nomination 306 refusing to nominate, ollicer holding over to have no pay 306 to notify president of common council befoi't; leaving citj^ 307 oliicers to submit books to ins])ection of. 307 may suspend elected oliicers 309 to till place of suspended olHccr 309 742 INDEX TO REVISED ORDINANCES. MAY OR — Continued . notice of depositions to be served on may remove appointed officers salary bids for contracts to be opened in presence of, to approve sureties for contracts violation of contracts to be reported to to approve appointment of employees by engineer employees dismissed with consent of. to approve appointment of superintendents of streets to approve bond of superintendents may sign petition for wooden pavement may order wooden pavement on certain streets to give written authority in certain cases may cause alleys to be graded and paved, when to appoint chief engineer of tire department to approve bond of chief engineer to approve expenses for fire-alarm telegraph how to prohibit erection of wooden buildings may charter steamboat in case of fire to notify chief engineer of dangerous buildings may order dangerous building to be removed to issue search-warrant for gunpowder, when to appoint fund commissioner annual settlement of fund commissioner. to be filed with.. to direct posts and ring-bolts provided for vessels consent of, to employ special policemen to approve bond of lumber-measurers to appoint wood-master to approve contracts for removing wrecks may direct feny license to issue may revoke ferry license, when quarantine ph 3 ^sician to notifv, of evasion of quarantine. ma}^ withhold permission to leave quarantine may send certain parties to quarantine to take charge of certain boats to send proclamation to certain cities to notity county court of insane persons to notify parties to construct privies, when to direct emptying of privies, when to approve regulations for removing slops to conti-ol cleaning of streets to approve emplojnnent of hands bj' street inspectoi's ma}^ commit to house of refuge to reduce testimony against convict to writing to ajipoint inspectors to ap])oint reviewers, on appeal from inspectors to appoint ins])ectors of hay deeds to be acknowledged before land commissioner to report to, when 310 311 312 320 321 321 322 322 323 323 328 328 329 331 349 349 358 359 ..3G1— 362 364 364 367 369 369 376 378 ..378—379 381 ..383—384 393 393 ..411—412 412 413 ..413-414 414 419 420 ..420—421 426 ..426—427 429 434 434 436 .,4.p2_4.p{ 44-1 451 454 proceedings of, to open street, etc., dedicated and not opened 454 INDEX TO REVISED ORDINANCES. 74:i l\IAYOK— to appoint d(*puty niarsluil 455 to approve rules and re<»‘ulations coneerning markets 463 to yrant permits for meatshops 476 — 477 to issue proclamation during prevalence of hydroi)liol)ia 497 member of board of commissioners of emigrant relief fund 500 dut}" of, to notify commissioners elected 500 ex officio president of board of commissioners 500 to subscribe for improvement of parks and squares 506 member of board of improvements of parks 506 member of board of improvements of Lafayette park 506 — 507 president of board of improvements 507 to designate justice or councilman to hold police court 510 to approve bond of clerk of police court 511 may approve bail-bonds 511 to open proposals and award contract for conveying prisoners, when..., 522 to appoint inspector of vehicles 533 to approve stands for vehicles 535 to sanction notice of engineer to street-railroad companies to repair streets 540 public porters to obtain certiticate from 543 — 544 official acts of, register to authenticate 545 register to furnish stationeiy, fuel, etc., for 546 register to pay postage for 547 auditor to furnish certain information to 555 auditor to permit examination of books, etc. , by ... 555 to appoint auditor’s clerk . 555 to sign city bonds 557 to approve certain rc'quisitions on auditor 557—558 to appoint deputy comptroller 559 to approve book-keeper of comptroller 559 to approve checks for drawing money 560 treasurer to report to, when .560 to appoint committee to examine books of certain oHicers...561 — 562 to convene common council as court of ai)peals .566 — .567 to ai)prove employment of assessor’s clerk 569 to employ special tax-attorney ,573 to ai)prove pawnbroker’s bond .577 to sign licenses 587 to appoint weighers of hay and stone-coal 592 to be water commissioner 609 to sign water-bonds 616 to attest cost of laying water-i)ipe 625 certain proposals to be opened in i)resence of. 62(5 — 627 to appoint register of water-rates (531 to approve sureties of register of water-rates 631 may set aside prohibition to issue licenses (541 to notify i-egister of water-rates, if engaged in other business.. 641 may dismiss or suspend register of water-rates 641 member of board of managers of workhouse 646 744 INDEX TO REVISED ORDINANCES. MAYOR'S SECRETARY, salary of. 3T2 how appointed 482 term of office of. 482 MEASURES, provisions concerning inspection of. 439 — 440 to be tested and stamped, when 439, 440 failing to have tested, penalty 440 using without being tested, penalty 440 MEAT, of certain animals, not to be sold 471 of certain animals, duties of market-masters concerning 471 not to be thrown into market-places 471 — 472 not to be sold to be eaten in markets 472 fresh, place for sale of, by the quarter 461, 462 MEATSIIOPS, provisions concerning 476—478 where to be located : 477 how to be kept 477, 478 to be under control of board of health 477 — 478 may be declared nuisances 477 — 478 license for, how obtained 477 license for, how transferred 477—478 who deemed principal of. 478 butchers may keep 478 MECHANICS, city engineer may employ ‘ 323 MEDICINES, places for sale of, may be kept open on Sunday... 489 clerk of board of health to compound, for indigent patients 406 expense of, how paid 406 MEMRERS OF FIRU- DEPARTxMENT, provisions concern- ing. 351, 352, 353 MEMPHIS PACKETS, wharf-boat of. MEMPHIS AND ST. LOUIS PACKET COMPANY, may platform platform of, to be used as landing platform of, may be removed, when MERt'HANDlSE, harbor-master to superintend on levee to be removed from wliarf, when cost of removing, how paid harbor-master may sell, when owners may receive proceeds of sale of, how made in city, not to be sold in markets offense of selling on Sunday selling without paying tax on, penalty MPIRCHANDISE-BROKERS, to procure license who declared MERCHANTS, provisions to tax who declared not prohibited from selling liquor to make statement of stock, when failing to make statement of stock, ixmalty [)rohibited IVom employing runners MElUfflANTS’ S'l'ATEMENT OF STOCK, how made 390 erect ,.391—392 392 392 375 377 ,. 377 377 378 473 489 580 584 .584 ..580—584 580 581 583 490 581 collectors to list 581 to be delivered to auditor 581 INDEX TO IIEYISED ORDINANCES. 745 MKIUIIANTS’ TAX, how W.ywd mid collected 581 iMERClIANTS’ TAX-lilLLS. who to make out 582 form of 582 how I'ctunied when not paid 582 failing to jiay, penalty 582 Avhen to be computed from 582 — 583 MESSENGER, ser^-eant-at-arms to employ 289 duties of. 289 salary of. 313 METALLIC PLATES, register to funii.sh, for numbering vehicles... 529 MILITARY, mayor may call to his assistance, when 480 MILITARY COMPANIES, not to use music on Sunday 480 MILK, vehicles transporting’, exempt from tax 530 MILLSTUPF, kiln-dried, may be sold in markets 478 MILLERS, may sell kiln-dried millstutf in mai’kets 478 MINORS, pawnbrokers not to receive pledges from 578 MISCELLANEOUS PROVISIONS concerning treasury depart- ment 1 501—563 MISDEMEANOR, term defined 499 MISDEMEANORS 482 MISSOURI PARK 500 board of improvement of 289 MONEY-BROKERS, to procure license 584 who declared 584 MONEYS, treasurer to receive and disburse 559 — 500 not to be used by treasurer 500 MORTALITY REPORTS, clerk of board of health to publish 418 MOTIONS, when to be made to recoi-der 517 MUD, vehicles transporting, how to be secured 531 — 532 MULES, how to be sold in markets 473 cliief engine(M’ of (ire department may hire or i)urchase 353 MULLANPIIY EMIGRANT-RELIEF FUND 499 MUSICAL INSd'RLbMENTS, playing on Sunday prohibited 480 N. NAUSEOUS SUBSTANCES, not to be thrown into markets 471 — 472 NEW CEMETERIES, not to be established, where 417 NEW-LIMIT COMMITTEES, how constituted 503 to report concerning improvement of streets 503, 501 proceedings upon report of 503 powers of, on dividing-lines between wards 503 when to meet 503 — 504 powers and duties of 503 — 504 to certify bills for new-limit work 504 NEW LIMITS, what constitutes 502 revenue from, to be kept sei)arate 502 what revenue to be set apart for impi-ovement of. 502 NEW ORLEANS RAILROAD-PACKETS, wharf-boat of 390 NINE-PIN ALLEYS, license to be procured for 584 746 INDEX TO REVISED ORDINANCES. NINE-PIN Continued. who declared keeper of 585 license for 585 NOISE, disturbing peace hy, offense of 485—486 disturbing religious worship by 486 disturbing lawful assemblage by..; 486 NOMINATIONS FOR OFFICE, when to be made 305—306 duty of mayor, on rejection of .306 NON-RESIDENT TRADERS, provisions concernino: 580 — 584 NON-RESIDENTS, not to sell without license .583 not to sell in name of residents 584 NORTH-LEVEE SCALES, located 591 NORTH MARKET, provisions concerning 460 — 463, 474—475 located 460 stands for farmers’ wagons at 460 — 461, 474 — 175 NORTH-MISSOURI-RAILROAD COMMITTEE, election and duties of 289 NORTHERN LINE OF PACKETS, wharf-boat of, removed 390 NOTICE, of elections, when to be given 300—301 of depositions in contesting elections, how served 310 of dangerous buildings, chief engineer of fire-department to give 363 by land commissioner, before condemning property 449 further, to all interested in benefits, etc 449, 450 how issued, attested, and served 449 of expiration of water license, to be given 632 of public work, what to contain 320 NOTICES, served on mayor, to be delivered to counselor 481 putting up, without consent, penalty 487 indecent, putting up or distributing, penalty 488 in police court, what, to be served on city attorney 517 NUDITY, parties found in state of, in public 487 NUISANCES, provisions concerning 420 — 423 power of board of health to abate 402 — 403 expenses in abating, how paid 405 — 406 health-ofllcer to report, to board of health 407 street inspectors to remove 427 — 128 street inspectors to notify owners of premises of 427, 428 failing to obey street inspectors’ notice to remove 429 to be removed at cost of owners of premises, when 430 not to be deposited on wharf 385 proceedings of land commissioner, when alley declared to be..454 — 455 NUMBERS FOR VEHICLES, register to furnish 529 0 . OATH, city officers to take 305 who authoriz(Hl to administer 308 of wood-master 381 to be taken by jury in opening streets 449 to be taken by water commissioners 609 officers of board of water commissioners to tak(‘ 611 INDEX TO ]IE VISED ORDINANCES. 747 OATH OF OFFICF, when mayor to take 480 of eity engineer J510 of jsuperiiiUmdeiits of sti’eets .424 of operators of lire-alarm Odegrapli .448 • OATHS, (inaranfme physician nia_y Jidminister, when 412 clerk of i)olice court maj" administer ;V2() — 521 auditor and comptroller may administer .4.44, .457 OATS, standard weight of. 441 jienalty for refusing to have weighed 441 place for sale of, at City market 4G2 OBLIGATIONS OF CITY, officers not to deal in 407 OBSCENE LANGUAGE, disturbing peace by 485 OBSTREPEROUS CONDUCT or carriage, disturbing peace by 48.4 OBSTRUCTING highways, thoroughfares, etc 443, 444 OBSTRUCTIONS, city engineer to remove from harboi- 319 city engineer to remove from streets, etc 419, 454 harbor- master to remove from river 475 penalty for refusing to remove 470 Orp^AL, penalty for throwing into market-i)laces 471 from houses, how disposed of. 421 vehicles transporting, how secured 541 OP’EPINDPIRS, mayor may cause to be arrested 480 may take secret measures to appreheiid 481 OPTENSES, affecting public peace 48.4 against public morals and decency 487 affecting public safety 490 against official authority 498 concerning streets and private properU^ 442 OFFPINSIVPI conduct, language, etc., disturbing peace by 485 OFPN^IR TO SELL in market, what deemed to be 474 OFPTCE, tenure of, not affected by repeal of oi-dinauce 294 OP"FICP] HOURS of certain officers 408 OFPMCER, term construed 415 penalty for falsely personating 498 penalty for interfering with 498 OP'PTCPIRS, certain, permitted to carry weapons 489 of common council, election of. 287 of fire-department, how appointed 450, 451—452 of house of refuge, how appointed 442 of Mullanph}' emigrant-relief fund, how elected 500 auditor to peianit, to examine books, etc 5.45 comptroller to su])ervisc 5.40 to furnish certain information to cotnptroller .459 qualifications of 404 when to be commissioned 40.4 to give bond 405 appointment of. 305—306 books of, open to inspection 407 leaving city, office vacated 406 duty of, to deliver books, etc., to succes.sor 407 748 INDEX TO REVISED ORDINANCES. OFFJ CE J ’S — ( 'oiitimied . prohibited from dealing in city’s paper 307 to report amount of fees received 307 l)enalty against, for violatino- duties 307 — 308 term of orlice of 308 duty of, to assist successors 308 vviiat, may administer oaths 308 duty of, in letting contracts 309 ])rovisions for suspending and removing 309 wliat, may appoint deputies 311 liability of, for deputies 311 amounts of bonds of. 312 salaries and compensation of 312 — 315 duty of, to ]^ay fees into ti-easury 315 penalty against, for refusing to carry out certain ordinance 538 water commissioners to appoint 610 OFFICIAL ACTS OF MAYOR, register to authenticate 5-15 OFFICIAL DOCLTMENTS, register to prepare and attest 540 OLD LIMITS, provisions concerning revenue from 502 OMXIBUSSES, regulations concerning 528 amount of tax on 528 regulations concerning numbei's of. 528 — 529 rate of ftii'e for 530—531 card of rate of fare to be posted in 531 to have lamps at niglit 531 to liave name of owner on 534 OPENING, in sidewalks, prohibited 326 streets, etc., proceedings in 448 OPERATORS OF FIRE-ALAIliAI TELEGRAPH, provisions con- cerning.. 355 — 358 OPINIONS on cpiestions of law, duty of city counselor to give 295 ORDER in mai-kets, liow enforced 468 ORDERS OF BOARD OF HEALTH, how issued 402 liealth-officer to see o])eyed 407 ORDERS FOR WEIGHING, city weighers to keep book for 602 penalty for weighers failing to till 602 ORDINANCES 290 l)assed by vote of interested member, void 290 passed over mayor’s veto, how autlienticated 290 passed hy default of mayor, how authenticated 291 duty of register concerning 291, 545, 547 liow preserved 291 copies of, to 1)0 bound for use of council 2J)1 not I’evised, to continue in foi'ce 291 revised, to repeal all repugnant provisions 291 private or local, not alh'ctcd by revision 2i)l— 292 repeal of, not to alfect })i-evious proceedings 292 repeal of, not to alfect penalties incurred 292 certain words in, how to be constiaied 292, 293 repeal of, not to revive cei-tain ordinances 293 mi)EX TO liEVISED OEDINANCES. 740 OIIDI N ANCES— . irpoal of, not to nlfect tenure of oflice 29:i title of, to iiulieate snbject-nnitter 2911 wlien to take elfeet 293 revised, when deemed to have passed 293 to be translat(‘d 293, 294 dut 3 ' of city counselor to draft 295 concerning' streets, etc. , engineer to carry out 319 concerning sewers, sewer committee to report on 337 for prevention of fires, etc. , chief engineer to carry out 363 register to have custody of. 545 register to cause to be published 547 register to keep record of titles of. 547 provisions for publishing 523, 524 concerning waterworks, waterworks committee to report on 623 inspector of hydrants to report violation of 633 ORDINARIES, license to be procured for 584 v/ho declared keepei- of. 585—586 amount of license for 586 OVERSEERS OF CEMETERIES, suit to be brought against, when 417 OWNERS OF PUBTJC SCALES, to file statement of stock 597 OXEN, regulations for sale of, in markets 473 P. PACIFIC-RAILltOAD (,'OMMITTEE. elee(,io}i and diKios of. 2S9 PACKET-BOATS, harbor-master to clear landing of. 375 PACKETS, wharfage on 389 wharf-boats and landing of. 389—392 PAPERS, official, register to liave custody of 545 in police court, clei'k to liave custody of. 521 relating to contracts, auditor to preserve 5.53 PARKS AND PUBLIC SQUARES .505 PARTIES IN POLICE COURT, in what oialer to lie tried 511 how dealt with when arrested 513 PARTITION-WALLS, regulations concei'iiing .363 PARTRIDGES, sale of, regulated 475 — 476 PASSENGERS in puhlic vehicles, right of, to examine rate of fare. .. 531 PASSENGER-TKdvETS, for street i-ailroads, price of, fixed 542 duty of (‘ompanies to keep, for sale 542 PATIENTS, to b(' reported by clerk of board of health 406 at City hosjjital to be visited, when 408 how discharged from City hosi)ital 409 at quarantine, when to be visited 410 PAUPERS, provisions concerning 419 penalty for bringing, into ciQv 419 expense of removing, from city, who to i)ay 419, 481 mayor and council committee may remove 481 PAVING-STONES, regulations concerning 329 penalty for removing, from wharf 388 750 INDEX TO REVISED ORDINANCES. PAWNBllOKEES, regulations concerning 57G — 578 who declared 57G — 577 to procure license 577 amount of license of. 577 bond of. 577 duty of, to keep register of loans 577 prohibited from receiving pledges from minors 578 prohibited from making loans at certain hours 578 prohibited from making loans on certain articles 578 to report place of business to register 578 penalty against, for violating ordinance 578 PAY-EOLL ACCOUNT, duties of treasurer in keeping 550 PEACE, disturbing, penalties against 485, 480 PEDDLEES, to procure license 584 who declared to be 584 amount of license for 586 PENALTIES for breach of ordinance, when not prescribed 490 (See indexes to the several ordinances.) PEEMITS, to connect with sewers, regulations concerning 337, 339 to use water, to be tiled in register’s office 639 to use streets for building-materials 363, 364 PEESON, penalty for indecent exposure of. 487 PETITIONS, for improving streets, proceedings of council upon 290 for grading alleys, etc. , to be preserved 331 in relation to sewers, sewer committee to report on 337 in relation to waterworks, waterworks committee to report on 623 PHEASANTS, regulations for sale of. 475—476 PHYSICIAN, quarantine (see quarantine physician), i-esident at City hospital (see i-esident physician), PHYSICIANS, to report cases of small-pox to health-officer 403 suit to be brought against, for violating act concerning bills of mortality 417 duties of, concerning certificates of death 418 penalty against, for violating certain ordinance 418 PIG-IEON, wharf regulations concerning 385 PlG-l^EAD, wbai-f regulations concerning 385 PIGEON-DEOPPING, term defined 493 PIPES, conducting water from eaves, regulations concerning 332 for waterworks, sui)ei-intendent of waterworks to test 624 regulations concerning la 5 dng of. 626 regulations concerning drilling of. 630 penalty for laying, contrary to ordinance 630 — 631 PISTOL, penalty for carrying concealed 488—489 PITCH, regulations for boiling 360 PTiACE OF BUSINESS, penalty for keeping open, on Sunday 489 certain, may be kept open on Sunday 489 PLACE OF PUBLIC EESOET, penalty for employing lewd women in * 490 PLANKS, lumber-measun'r to measure 379 expense of handling, who to paj^ 379 INDEX TO EEMSED 0]lJ)JNANCES. ir>l ri.X^KS—ContuiHcd. liow assorted and ineasurtMl 380 liow (dassed 380 ro<^ulations coiicernin;^ landin;»; of. 380 — 38] '\vliarfa<;’e on 380 fees for measuring 387 PLANS, cMio-ineer to make and preserve 319 for sewers, sewer committee to supervise 337 for waterworks, water commissioners to submit to council 009 superintendent of waterworks to make 024 PLATED MEAT, ETC., penalty for selling in markets 471 PLATFOPMS, in streets, regnlations concerning 325 — 320 PLATS, engineer and assessor to furnish to land commissioner 449 where to be recorded 452 president of board of assessors to make and correct 504, 508 PLAT", penalty for perforniing indecent or lewd 487 PLUMBERS, to obtain permits from waterworks department 027 to pay certain costs, before obtaining permit 029 to report to register of water-rates 042 regulations concerning license of. 042 PLUMBIMiS’ WORK, regulations concerning 027 — 031 POISON, penalty for using to kill dogs 490 POLICE, compensation of, for killing dogs 490, 497 POLICE, DUTY OF, concerning awning-posts 331 concerning vehicles in streets 334 in cases of tire 357 to as.sist street inspectors and chief engineer 301 concerning paupers and insane persons 419 concerning abandoned or exi)Osed children 434 to assist mayor in quelling disturbances 480 concei-ning ice taken from sink-holes 492 concerning dogs 495, 497 concerning hay and stone-coal 595 concerning Carr square 507 concerning waterworks department (527 , 034 POLICP] COMMISSIONERS, consent of, necessary to enqdoy special policemen 378 POLICE COURT 508 by whom to be held 510 jurisdiction of. 510 sessions of, regulated 510—511 POLL-BOOKS, dut}^ of register concerning 301 who may examine 304 PORCHES, regulations concerning 325 — 320 PORK, place for .sale of, b}”^ the quarter 401 , 402 provisions concerning inspection of. 430—439 classitication of, 437 penalty for intermixing after inspection of. 438 — 439 POSTERS, penalty for putting uj), without consent 487 POSTS, regulations for landing of. 380—381 752 INDEX TO REVISED ORDINANCES. 1 * ()ST8 — Contimied . wharfage on 386 fees for ineasurlnj^ 387 )iow provided for the fastening- of vessels 376 POULTRY, how stands for sale of, may be leased 474 ROUND-KLERER, duty of, coneerning dogs 496 RRArRlE-CdllCKEYS, sale of, regnlated 475—476 PRESIDENT OF BOARD OF ASSESSORS, how appointed 563 (pialitications of 563 term of otlice of. 563 powers and duties of. 564 — 565, 567 — 569 duties of, in taking census 283 — 285 PRESIDENT OF BOARD OF HEALTH, election of - 402 PRESIDENT OF COMMON COUNCIL, how elected 288 to notify mayor of vacanc}" in council 289 to notify register of nominations 306 when to act as mayor 307, 481 to issue subpoenas in cases of impeachment 310 to grant permits for meatshops 476 to order election for majmr, when 481 pro tern . , election of. 288 PREVENTION OF FIRES, provisions concerning 358, 362 PRINTING (city), 523 comptroller to advertise for 523 contracts for, how awarded 524 PRISONERS, at calaboose, how conducted into police court 514 how conveyed to workhouse 522 PRISONERS AT WORKHOL'SE, duties of superintendent of work- house concerning 645, 647 sufficient food to be allowed to 646 labor of. 647, 648, 649 complaints of. 647 rate of boarding of. 647 may be put in irons when refractoiy 648 escaping, penalty 648 how confined 649 how' discharged 649 intercourse with, regulated 649 how treated when sick 649 may be committed from Oarondelet 651, 652 penalty for rescuing 651 PRIVATE MARKETS, how regulated 473 powers of market-masters of. 473 PRIVATE PROPERTY, how condemned for public use 448—454 PRIVIES, provisions concerning 420 — 421 engineer to construct, when 420 cost of constructing, how paid 420 when and how emptied 420—421, 428 street inspectors may enter 429 board of health and health-olliccr may grant permits to clean 428 INDEX TO REVISED ORDINANCES. 7r>Z r]?OCEKl)lN(j!S OF 1^0 AIM) OF IIKAT/riT, pi-oposals for publisli- in^- wlieii to be published o24 lunv kept 402 rilOCEE DINGS OF (XbMAION COUNCIL, how kept 288 ]u-oposals for publishing- 523 when to be published 524 on petitions for iinproving- streets in extended new limits 290 PEOCESS, before land commissioner, how issued, attested, and served 449, 455 served on mayor, to be delivered to eoimselor 481 in police court, on whom to be served 517 how to be issued and signed 520 PROCESSIONS, prohibited from using music on Sunday 480 PRODUCERS, permitted to sell meat by the quarter 470—471 PROFANE LANGUAGE, penalty for using 485 PROPERTY, liow assessed for taxation 504 — 505, 500 assessment of, may be separated 508 PROPOSALS, to conve}^ prisoners to workhouse 522 for city printing, regulations concerning 523 — 524 PROVISIONS, not to be sold after market hours 470 PUBLIC CARRIERS 525 PLTBLIC HIGHWAYS, provisions concerning 324 how improved 324 engineer to keep in repair 324 cost of repairing, how paid 325 PUBLIC IMPROVEMENTS, comptroller to keep register of. 557 l^UBLIC INSTRUAIENTS, register to authenticate 545 PUBLIC PLACES, engineer to carry out ordinances concerning 319 penal t}'^ for obstructing or incumbering 333, 334 PUBLIC PORTERS, provisions concerning 543 — 544 register to issue license to 543 to wear badges 544 rate of fare for 544 PUBLIC RECORD, register to have custody of, 545 PUBLIC SCALES, pi'ovisions concerning 591 — GOO PUBLIC SCHOOLS, c(‘rtiticate of Aaiccination necessary for ad- mission to 404 PUBLIC SEWERS, provisions concerning 33G — 342 PUBLIC SQUARES, street inspectors to superintend cleaning of. 429 street inspectors to report nuisances on 428 duties of land commissioner in opening 448 — 4.54 PUBLIC WORK, how let 320 PURVEYOR, water commissioners to appoint GIO — 011 qualitications of. (ill salary of, Oil PUTRID MEAT, ETC., sale of, in market, prohibited 471 PYROTECHNIC EXHIBITIONS, regulations concerning 301 48 75i INDEX TO REVISED ORDINANCES. Q. sale of, i-e^ulated 475 — ijo (^rALIFK'A'l'ION'S of olflcers 804 — 805 ( A R. A N4' I N E , 1 ) ro vis i o 1 1 s co 11 ce ni i n g 4 00 — 41 5 (>:i-oun(ls of, desio'iiated 400 liospital estalilislied at. 400 certaiti Ooals to touch at 410 persons to be landed at 41(» boats to be detained at 411 boats evading-, penalty 414 Tvben persons to be discharged from 412 penalty for leaving, without certificate 412 pcnialty for violating rules of 412 — 418 QUARANTINE HOSPITAL, bow to be conducted 410 to be under control of board of bealtli 410 QUARANTINE PHYSICIAN, bow appointed 400 tei-in of office of. 409 qualilicatioii of 410 to reside at rpiarantine 410 to receive boarding and washing 410 duties of 409, 410, 411. 412, 415 (^UAIIANTINE REGULATIONS, when to be in force 414—415 R. RAFTS, not to land in front of waterworlcs 378 R AILING, fastening animals to 882 injuring, penalty for 884 R AILROAD OMNIBUSSES, tax on 528 rate of fare for 580 RAILROADS, s’treet (see street-railroads). RAILS, where to be landed 380 wliarfage on 880 fees of lumber-measurer for measuilng 887 RAISED MEAT, ETC., not to be sold... 471 RATES, of charges in harbor depai-tment, jirovisions concerniiig..888 — 888 of ferriage 894 — 895 RATES FOR USE OF WATER (see appendix) 084—088 REAL ESTATE, owners of, to report to as.sessors, when 504 bow to be assessed 504, 505 in ari-ears for taxes, list of to be made 507 — 508 assessment of, maj^ be sejiai-ated 508 REAL-ESTATE BROKERS, to inocure license 584 who declared 584 RECEIPTS, ti-easui-er’s, bow to be made out 559, 500 of e.omi)ti-oller, to be countersigned by registei- 502 to be delivered to auditor 502, 508 of register, to be countersigned liy comjitrollei- 508 of waterworks depai-tment, waterworks committee to control 028 INDEX TO l^EVTSED ORDINANCES. 755 RECORD, of 0 H«-iiK‘er (lopartiiieiit, city engiiiocr to kc^ep 1519 of persons dyini^ in hospital, how kept 402 of bnihlino- permits, chief engineer to keep 803 — 804 of convicts, superintendent of house of refng-e to kee]) 438 — 484 of proceedin<>:s of common council, clerk of council to keep 288 of i)roceedin^s of board of tire eng-iiieers, secretary to keep. ..849, 850 ot proceedings of board of managers of house of refuge, board of managers to keep 432, 488 of proceedings in opening streets, land commissioner to keep 452 public, register to have custody of. 545 of titles of ordinances, register to keep 291, 547 of water-licenses, register of water-rates to keep 641 — 042 RECOIIDER, not to be accepted as surety on bonds 305 salary of 813 to summon and try certain parties 876 to notify county court of insane persons 419 ma}^ commit to house of refuge 488 to reduce certain testimony to writing 484 to issue warrant on affidavit, etc 476 to try offenders arrested by warrant of mayor 480 duty of, touching gambling device ‘ 487 — 188 to hold police court 510 may approve bail-bonds 511 liow to be governed in certain cases 520 to award contracts to convey prisoners to workhouse 522 to try breach of bond of weighers 598 RECORDS OF POLICE COURT, who to certify 521 who to have custody of 521 REFRESHMENTS, certain, may be sold in markets 472 RECISTER (city) 544 duty of concerning ordinances 291, 545 sergeant-at-arms to carry messages for 288 to publish translations 294 to notify judges of election of appointmcmt 801 to deliver ballot-boxes to judges of election 801 to count and certify votes 802 to issue certiticates of eh'ction 808 to deliver certain ordinances to judges 808 not to be accepted as surety on bonds 805 to issue olHcers’ commissions 805 salary of. 818 bonds to be filed with 841 chief engineer of lire-department to return permits to 868 — 364 harbor-master to report to 875 to issue license to Inmber-measurers 378 lumber- measurei-s to report to 884 wood-master to report to 884 to issue license to Alton ])ackets 889 to issue license to ferry-keepers 892 — 898 may renew license to ferry-keepers 898 75G INDEX TO REVISED ORDINANCES. REGISTER (city) — Continued. sexton of St. Louis cemeteiy to settle with 41G to notify county court of insane persons 419 inspector of weig’hts and measures to report to 439 inspector of beef and pork to report to 442 to attest all processes of land commissioner 449 to attest deeds of property sold 451 copy of market reg-ulations to be tiled with 4G3 to publish market regulations 4G3— 4G4 to furnish blank receipts to market-masters 4G7 to issue licenses for meatshops 477 dog-tax to be paid to 495 fee for registering dogs 495 to procure metallic plates for dogs 495 to keep register of dogs 495 to issue license for vehicles 528 to furnish metallic plates for numbering vehicles 529 duty of, concerning vehicles 529 keepers of livery-stables to report to 530 to furnish cards of rate of fare 531 may issue license to drive licensed vehicles 533 tp number sprinkling-carts 534 owner of transfer-wagons to state number to 537 to record convictions for violating ordinance concerning public carriers 538 to refuse license, when 538 to issue licenses to public porters 543 powers and duties of. 545 — 547 to countersign money-checks 5G0 to countersign receipts of comptroller 5G2 receipts of, to be countersigned by comptroller 5G3 to keep account of delinquent tax bills 573 collectors to report to, what 57G to issue licenses in blank 587 to furnish printed blanks to weighers 592, G03 to issue licenses to city weighers GOO city weighers to report to, when GOl register of water-rates to receive blanks from G32 REGISTER, of buildings, chief engineer to report to council 3G4 of property, president of board of assessors to keep 5G4 of weighing done, city weighers to keep GOO — GOl of weighing’, to be open to public G02 REGISTER OF WATER-RATES, provisions concerning G31 — G33 salary of. 313 examining committee to examine books, etc., of, 5G2 examining committee to settle with 5G2 when to surrender olRce, etc G13 to be inembci’ of waterworks committee G23 to act as secretary of waterworks committee G23 to make monthly statement G24 INDEX TO KEYISEl) OllDINANCES. KEG rS'rEK OF W AIT.K -KATES— to receive paynieiits for making attachments to water-pipes, etc... 028 to pay moneys into treasury 028 to see stop-boxes kept in repair 029 to refuse licenses, when 629 to turn off Avater, when 030 may permit fire-plugs to be used, Avhen 030 how appointed 031 term of office of 031 liersons desiring water to apply to 031 general duties of. 631 to appoint inspectors of hydrants 032 to lix amount of rates for water 038 may Avithhold license 039 may revoke license 040 may cut off connection of water 040 to be dismissed, if engaged in other business 041 to have free access to premises 041 to keep record of water licenses 041 — 042 to collect rates from all persons using Avater 033 REGISTKAR, AAaiter commissioners to appoint 011 duties of. Oil salary of. 011 ordinances in force to ajiply to 014 KEGULATIONS concerning markets 403—404, 470 — 474 market-masters to enforce 408 KEdECTED BALLOTS, to be counted and certified 302 RELIGIOUS WORSHIP, iienalty for disturbing 480 REIMOUAL OF OFFICERS, provisions for 309 REMOV^ING SLOPS, ])rovisions for 426 REPAIRS OF Sd'REETS, who to superintend 323 REPEAL of ordinances (see ordinances). REPORTS OF CITY OFFICERS, provisions concerning 307 to be publi.shed and recorded 308 REPORTS TO COMMON COUNCIL, of auditor 561 of lioard of tire-engineers 350 of board of health 405, 408 of board of improvements of parks and sipiares 506, 507 of board of managers of house of refuge 432 of cLief operator of tire-alarm telegraph 356—357 of city engineer 319 of clerk of police court 521 of comptroller 557, 558 of examining committee 562 of harbor-master 375 of inspector of beef and pork 442 of land commis.sioner 448 of lumber-measurers 384 of register of water-rates 632 of sewer committee..... 337 758 INDEX TO REVISED ORDINANCES. REPORTS TO COMMON Continued. of superintendent of waterwoi-ks 021 of superintendent of workhouse 050 of treasurer 501 of water commissioners 010 of wood- master 584 RESERVOIRS, to be filled during tires 020 duties of board of tlre-eugiueers concerning 350 penalty for casting anything into 034 RESIDENT PHYSICIAN at City hospital, how appointed 408 qualitication of. 408 term of office of. 408 assistants to be appointed by 408 to reside at hospital 408 general duties and powers of. 408—400 to receive boarding and washing at hospital 400 salary of. 313 RESIDENTS, not to permit non-residents to sell in name of. 584 RESIGNATION of councilmen, to whom addressed 280 RESOLUTIONS OF COMMON COUNCIL, duty of clerk concerning 288 register to have custody of. 545 REVENUE 547 from old and new limits, to be distinguished 502 certain, set apart for improvement of new limits 503 auditor to keep statement of. 554 comptroller to supervise 550 RIDING, offenses concerning 400 — 4i)l RING-BOLTS, harbor-master to keep in repair and supply 375, 370 RIOT, powers of mayor to quell 480 RIOTING, penalties against 485 RIVER-BANK, harbor-master to super\ ise 375 ROCK, penalty for blasting without proper precaution 401 ROCKETS, regulations concerning 301 ROSIN, rcgvdations for boiling 300 ROUT, powers of mayor to quell 480 RULES AND REGULATIONS, concerning tire department, board of tire-engineers to make 340, 350 concerning house of refuge, board of managers to make 432 concerning markets 403, 470 concerning parks and squares 507 for vehicles on wharf, harbor-master to ])ublish 375 concerning waterworks depaidment, water commissioners to publish 010 RUNNERS, merchants prohibited from employing 400 s. SALARIES, of city officers (see appendix) 312 — 315 officers holding over, not to rc'ceivc 300 officers suspended, not to receive 311 INDEX ^ro inmsED ordinances. t.v.) SAl.AinKS— of olliceis Jit house of r('fu<^e, how lixed 4;}2 of ollieijitina- n'corder, liow i)ju(^ 510 o( su])ei-iiitend('nts of strecds 525 of su!)(M-iut('iideiits of slreet-hunps 542 of ji})oth(“e:i!-ies jit Cily hospitjil, liow fixed 408 of clerk of liojird of heidth, for dispeusjuw 400 of ljuul (‘omiuissioiier 515, 448 of deputy city nuirsluil (laud coiuiuissioner’s) 455 of secretai’y of .Mulhiuphy eiui«’rjint-relief fund 500 of inspector of vehicles 514, 555 of wei^hei'S at city scales 514, 592 of eiH|)loyees jit waterworks, how fixed 025 of wood-nijister 514, 582 of water conunissionei’s 009 of cliief eno-iiieer of waterworks 010 of water purveyor 611 of wjiter resist rjir 011 SALK OF GOODS by liarbor-inaster, provisions concerning’ 577, 578 SALTED MEAT, who may sell in markets 471 SALUBIUTV OF CITY, hoai’d of health to promote 402 SAXITAKY CONDFITON' OF CITY, healtli-ollicer to supervise. ... 407 SAUSAGE-MEAT, who authorized to sell 471 jiemilty for selling, without license 477 SAWING WOOD on sidewjilk, iienalty for 554 SCALES, to be tested Jind stamped 459 — 140 penalty for refusing to luive tested 440 inai’ket-mashu’s to keep 469 of wei^’hei’s of hay and stone-cojil, to be tested 599 city weigh(‘rs to provide 600 city wei<'h('rs to cjiusi^ to lie tested 601 SC ALES AN 1) IV E I G Hh: K S 589 SCANTLING, to be mejisured ))y lundiei’-mejisurers 579, 580 wliere to be landed 580 wdien to be removed from landing’ 585 wliarfa<;’e on 58(! le(>s for measuring 587 SCAVENGEil-BOATS, Inirlior-nuister to clear hinding- for 575 SEAL (city), re^ist(‘r to have custody of 545 to b(‘ Jitlixed to public instruments 545 (lescrijition of 516 to be accompanii'd b}' Jittestation of register 546 SPAJRE'f SERVK'E, expenditures for, how paid 481 SECllEd'ARY OF BOARD OF FIRE-ENGINEERS, who to jict as 515, 549, 556 duties of 549 SECRETARY OF BOARD OF MULI.ANPIIY EMIGRANT- RELIEF FEND 500 salary of .500 duties ol. ,501 office hours of 501 760 INDEX TO REVISED ORDINANCES. »^ECRETAKY OF BOARD OF AYATER COMMISSIONERS, how elected 009 SECRETARY OF MAYOR, how appointed 482 SECURITIES, ill suits of city, how procured 29) oil bonds, how approved 305 certain ollicers not to be accepted as 305 SECURITY for costs in police court, who may demand 519 — 520 SEI.LING PROPERTY on sidewalks, offense of. .333 SERGEANT-AT-ARMS, election and duties of. 288 — 289 to employ messenger 289 salary of. 313 SERVICE-PIPE (for water), regulations concerning G2S SESSIONS, of common council, tixed 287, 288 of police court, regulated 510 — 511 SEAVER COMMITTEE, election of. 289, 336 provisions concerning 336 — 338 engineers’ duties in 337 — 338 SEAA'ER CONTRACTS, provisions concerning 337, 339 SEAAER DEPARTMENT, what to embrace 336 SEAA'ER DISTRICTS, how formed 340 SEAAMIR FUND, how controlled 337, 338 SEAA^ERS, provisions concerning 336—342 making connections with 341, 343 removing offal from 342 city not liable for breaking of 541 auditor to keep separate account of 554 SEXTON of St. Louis cemetery, how emplo 3 'ed 415 duties of. 415—416 assistant may be employed 416 SEXTONS, suit to be bi-ought against, for certain violations 417 clerk of board of health to furnish certain blanks to 417 when to report abstract of deaths 418 failing to report, penally 418 SHADE-TREES, how i)lanted 326 penal 0" for fastening animals to 332 penalty' for injuring 334 SHAVINGS, penalty for burning, in street 3()0 SHEPPARD MARKET, provisions concerning 463 SHINGLES, where to be landed 380— 381 wharfage on 386 fees for measuring... 387 SHIPPING GUNPOWDER, regulations concerning 367 SHOP, penalty for keeping open, on Sunday" 489 SHOULDERS, who may sell in markets 470—471 SHOWS, license to b(' prociu-ed for 584 junount of license for 586 SHUFFITl-BOARDS, license to be procunal for 584 who declared keepei- of. 585 Minount of liccn.se for 586 SICK ANIMALS, penalty for selling in markets 471 INDEX TO ]{EVISED OKDINANCES. TGI SICK PEKSONS, lo bo 1 ;uu](h 1 at (iiiaraiitiiio 410 SIDES, who may .«:oll in inarkot.s 471 SIDEWALKS, suporintendent of streets to examine H24 en«-ineer to notify parties to pave 1)24 paving- of, by eity, how paid o25 signs projecting over, penalty for 333 penalty for obstructing 333 penalty for selling merchandise on 333 penalty for throwing coal, etc., on 334 to be kept clean 334 — 335 SIGN OR SIGN-BOX, penalty for setting up impi'operly 333 penalty for injuring 334 SIGNAL-BOXES, located 354—355 keys of, how kept 355 penalty for opening or injuring 357 SKIDS, regulations concerning 3S8 SLAUGHTER-HOUSES, regulations for keeping 421 — 422 duties of street inspectors concerning 428 SLEIGHS, penalty for driving without bells 491 SLOPS, removing (see removing slops). SLUNG-SHOTS. penalty for carrying 48G — 487, 488 — 489 SMALL-POX, physicians to report concerning 403 powers of l)oai-d of health concerning 402 — 103 patients with, to be conlined 403 — 404 notice of its existence to be given 403 penalty for ])atients with, going abroad 404 SMALL- POX HOSPITAL, duty of ollicers removing patients to 402 record of patients dying in, how kept 402 board of health to establish rules for 402 — 403 health-officer to sui)erintend '. 407 SMOKE-STACKS, regulations concerning 300 SNOW, to be removed from sidewalks 335 SODA-ACATER, place for sale of, may l)e kept open on Sunday 489 SOOT, penally for throwing into highways 421 SOUTH-LEVEE SCALES, located 591 SPARE-RIBS, wdio may sell in markets 470 — 471 SPECIAL ELECTIONS, when to 1)e ordered 300, 481 — 482 SPECIATj policemen on levee, provisions concerning 378 SPECIAL TAX-ATTORNEYG how employed 573 duties of. 573—574 to collect delinquent bills for laying water-pi})e 017, 025 SPECIAL TAX-BILLS, for laying water-pipe, city engineer to make out 025 r(‘glstei‘ of Avater-rates to collect 025 register of water-rates to declare delimpient, when 025 sp<‘cial tax-attorney to collect delimpient 017, 025 what interest to bear 025 SPECIAL TAXES, for inqn-oA'ement of streets, etm , hoAV assessed and collected 325 for .sewers, how assessed and collected 340 762 INDEX TO REVISED ORDINANCES. SPIRITUOUS LIQUORS, not to be sold in nuirkets 472 not to be sold witbont license 574 SPRINKLING -CARTS, to have name of owner on 534 to be numbered 534 SQUIBS, not to be tired in city 361 STABLES, how to be kept 421 ref^ulations for usin^ lio’bt in 360 STxMvES, Tienalty for displacing- 334 stale: FXT opi grease, not to be kept 422 STALLS, butchers'’, wliat part of City market set apart for 462 may be rented for sale of dressed fowls 462 STALLS AND STANDS, occupying- without authority, penalty for 465 lease for, not transferable 465 not transferable without comptroller’s consent 466 what rate to be paid for 466 failing to be occupied, forfeited 473 STANDARD WEIIGHT of grains, regulated 440—441 when to be enforced 441 STANDING COMMITTEES, election of 287, 280 STANDS, what space to occuiiy in markets ..462 — 463, 474, 475 pi-ovisions for leasing 464 — 467 vehicles occujiying. to have registered numbei- on 528 for vehicles, regulations concerning 535 — 537 for vehicles, selection of, how and when made 535 limitation of, for vehicles 535 for vehicles hauling long feed, etc 536 for farmers’ wagons at North market 461, 474 — 475 for larmers’ wagons at Center market 474 for farmers’ wagons at City market 4(51. 462 {See Stalls ami Stands.) STATEMENT OE CITY ATTORNEY, form of 512 when insutlicient, how proceeded on 512 parfv arrested may require, of city attoriu'y 513 STATE:MI:NT, of auditor and treasurer, what to contain 561 of tires, chief engin(*er of lire-dejiai-tment to publish 364 of receipts and ('xp(aiditures, comptrollei- to make; 558 STATE:ME:NTS. monthly, of tire-companies, how submitted 351 how cerliti(‘d *151 to be transmitted to auditor 351 quartei-ly, of chief operator of lire-telegrai)h 356 STATIONERY, register to procure for certain otlicers 516 expenses for, how ])aid 547 STATIONS OE FIRE-ALARM TELEIGRAPII, locab'd 351—355 STAVES, whai-fage on 386 hay bound in, inspeetor to deduct weight of 445 STEAMBOAY-LANDING to be extended, when 376 STEIAMBOATS, not to land in front of waterwoi-ks 378 to have pridlu-ence in landing wharfage on 38.), 386 landing set apart for c(‘rtain INDEX TO la^YISED ORDINANCES. lOn STE AM BC) A'rS — (hntinued. in:iy be chartered in ease of lire .‘501 — 302 chartered by city, bow paid for 302 chartered, to be at risk of city 3)02 settin”’ adrift, wdieii burning- 3(32 landing- with o'unpowder, re ''rESd’LMON against juveniles committed to bouse of refuse 4-U TIIEATEIES. license to be procured for 584 amount of license for 58(> TIIOltOUGIIEAKE, penalty for obstructing 334 boistino- aidicles over 334 TICKETS (l)lank), register to furnisb weighers 592, G03 TIMBEll, lumber-measurers to measure 379 expense of bandling, who to pay 379 bow assorted and measured 380 where to be landed 380 — 381 wbarfa’ulations conc(M-nin^ 537 tax on 537 owners to state number of, to re^’ister 537 not to be used without license 537 TRANSTiA'riOXS of ordimuices and ])roceedini»’s, bow' pul)lisbed 294 TRANSLATOR, election and duties of. 293 — 294 TRANSPORTATION of j)ersons or pi-o])ei‘ty. regulations for. ...528 — 534 TREASURER (city), provisions concerning? 559 — 5G1 to report to common council 5G1 arture of, to be registered 375 how to be fastened •176 not to be landed in front of waterworks ^178 name to be ])ainted on 'IS- WATER-METERS, water commissioners may provide 614 — 615 l)rovisions concerning 637 — 638 WATER-PIPES, cost of, how assessed 616—618, (525—626 city not liable for damages from breaking of 541 regulations for making connections with 3-13—34-1 WATER-PURVEYOR (see purveyor). WATER-RATES, iirovisions concerning 633—638 register of water-rates to collect 632 ' {See . Appendix .) INDEX TO REVISED ORDINANCES. 771 VVA^lCR-RATES OFEICP] G.'il W ATE R -REO IS'J'R AR (seo registrar) . AVATERWORKS, to be iiiuler cliarge of water commissioners G09 water commissioners to submit plan for G09 auditor to keep separate account of. 554. G23 waterworks coinmittee to take cognizance of. G23 ordimmcc concerning, subject to ordinance concerning water commissioners 642 water-craft not to land in front of. 378 >VATERWORKS COMMITTEE, election of 289, 622— G23 to have control of waterworks G22 when to meet 623 register of water-rates to be secretary of. 623 general duties of. ^ 623, 624, 626, 627, 632 WATERWORKS DEPARTMENT 619 WATER WORKS-EXTENSION FUND, what to constitute 615 how deposited 616 what to be credited and charged to ! 614, 615 WEIGHERS AT CITY SCALES, register to furnish blanks to 592 salaries of. 314, 592 WEIGHERS, city (see city weighers) . WEIGHERS OF HAY AND STONE-COAL, how appointed 592 what deemed breach of bond of. 592 — 594 penalty for breach of bond of. 594 fees of. 596—597, 603 duties of 597—598, 603 penalty for interfering with 599 scales of, to be tested 439, 599 register to furnish blanks to 546 WEIGHING, by city weighers, fees for (iOI — 602 by market-masters, fees for 469 by weighers of hay and stone-coal, fees for 596 WEIGHT of articles in markets, market-masters to examine 468 ^V'E1G^TS, to be tested and stam])ed 439 — 440 penalty for refusing to have tested 440 regulations concerning use of. 440 , 442 WEIGHTS AND MEASURES, provisions for iiis})ection of. 439 WHARF, duties of harbor-master concerning 374—375 articles landed on, when to be removed 385 nuisances, etc., prohibited on 385 lire wood not to be placed on paved portion of. 381 baled hemp, when to be removed from 368 proceedings to open, etc 448, 454 auditor to keep separate account of. 554 WHARFAGE, harbor-master to report to register 375 of firewood, rate of. 381 on boats, rates of. 385 on wharf-boats, rates of. 389 W llARF-ROATS, regulations concerning 389 rates of wharfage for 389 772 INDEX TO REVISED ORDINANCES. Wl I ARF-BO ATS— . lire-re»-nlatioiis concerning: 3G2 {See Packets.) VVniARF FUND, certain moneys to be credited to 377 WHPFVT AND GRAINS, standard weigiit of. 440 WriEETJI ARROW, penalty foi* trundling on sidewalk 326 WIGGINS FERRA" COMPANY, provisions concerning license of.... 395 WILD BUCKS, sale of, regulated 475 — 476 WILD GAME, place for sale of, at North market 461 may be sold in market 471 liow stands for sale of, may be leased 474 provisions concerning sale of. 475 — 176 WILD TURKEYS, sale of, regulated 475—476 WINDOAVS, not to extend on sidewalks 32^ WINE, not to be sold without license 574 merchants’ tax for, not to authorize sale of, b}' the glass 583 WINNING, at gaming, i)enalty for 487 — 488 WIRES OF FIRE-ALARM TELEGRAPH, penalty for injuring 357 WITNESSES, how subpoenaed in impeachment cases 310 fees of, before common council 311 in police court, provisions concerning 515 — 516 ICOOD, penalty for furnishing less than stated in ticket 382 not to be landed on wharf, except 383 vehicles hauling, exempt from tax 530 weighers of haj' and stone-coal to measure 598, 602 WOOD-BOATS, names to be painted on 382 — 383 exempt from wharfage 386 when to be removed from landing 386 WOOD-CARTS, regulations eoncerning stands of. 535, 536 WOOD- MASTER, how appointed 381 oath of. 381 bond of. 381 term of office of 381 powers and duties of. 381 — 382, 384, 387 lees oh 381—382 salary of 314, 382 to report to register 384 penalty for refusing to obey directions of 384—385, 387 to keep sufficient deputies 387 })rohibited from tlealing in certain ai ticles 387 WOOD-YARDS, provisions concerning 603 keepers of, to furnish tickets to purchasers 382 WOODCOCKS, sale of, regulated 175—476 WOODEN BUILDINGS, provisions concerning 358—359 WOODEN PAVEMENT, what streets to be paved with 328 cost of, how paid 328—329 penalty for building lire on 314 WORKHOUSE, health-officer to treat sick pilsoners in 407 INDEX TO DEVISED ORDINANCES. 773 WOK K I lOUSE— Avliut to embrace (j44 siiperiiitentleiit of. 045 clerk of. 045 board of maiiao'ers of 040 WORKHOUSE FUND, work of prisoners to be placed to credit of... 050 WRECKS OF BOATS, duty of liarbor-ma.ster concerning- 383 — 384 WRIT OF EEROR, counselor may take 200 city attorney may take 207 Y. ■ YARDS, chief engineer may enter 303 street inspectors may enter 420 I \ '!.■> i ■ ' ^"v; 1 1 l^ -; , \ ^'f I' / ' 1 1/ t/ • >. ■i* EI ) i m, K^'-v ■ i- ■ \ ; '-^^"'-i' >, * ’ ' ’ ■ V , ' " '..i' ■» ' 'i’l'’ '/ 'f'\' § ,■: 'v , ■ A .M- f ■\ > t^J