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the State in such cases made and provided to retail spirituous liquors by less quantity than one quart, to keep a tavern, inn, ale, porter, or coffee-house, or shop, or any other house of public entertainment or convenience not prohibited by law. They shall also grant a license for the exhibition of animal shows, and all other shows not indecent or which do not violate public morals; and such sums of money shall be paid for such licenses as may be required by the common council, under such rules and regulations as the council may prescribe; and for violation of such rules and regulations on the part of the person obtaining the license, the license may be revoked by the common council; and if any person, without having obtained a license, shall keep such house, tavern, inn, or shop, or shall sell by retail any spirituous liquors, or exhibit any show for gain in the city, he, she, or they, and all aiding or assisting in the same, shall severally forfeit and pay for each offense of not less than ten nor more than fifty dollars.

1863.

Connell

grant license retail liquoz,

to shows, dee.

May borrow money, and how.

§ 17. The mayor and council, (a majority of all elected voting for it.) shall have power to borrow money, and issue the bonds of the city for the same, and pledge the faith, property, and revenues of the city therefor; but no amount beyond the revenue of the current year shall be borrowed without the concurrence of a majority of all the qualified voters of the city. When the mayor and council submit a proposition to the voters of said city to authorize them to borrow money, they shall issue an ordinance, stating the sum proposed to be borrowed, the time for which it is to be borrowed, and the object or objects for which the money to be borrowed is to be expended; and the money so borrowed shall be applied to the purpose for which it was borrowed. The mayor and council shall, before they issue an ordinance to take the vote of said city to authorize them to borrow money, make provision for payment of the interest on the sum to be borrowed, as it shall accrue, and to pay the debt when it shall become due, which provision, so made, shall be distinctly stated in the ordinance proposing to borrow money; and the ordinance made shall be published in one or more newspapers in the city of Paris for at least three weeks before the vote is taken. All bon is of the city, for the payment of money, shall be signed by the mayor and countersigned by the treasurer. No bond of the city shall be sold for less than par, or bear a higher rate of interest than six per cent., payable semi-annually. The mayor and council shall also have power and authority to estab ish a board of health for the city, and board of handth invest it with such powers, impose npon it such duties, and prescribe for it such regulations as shall best secure the city fron contagious and infectious diseases, and make all other provisions, and do all other things necessary to the

May establish

1863. public health; to provide for the maintenance of the pauMaintain paupers of the city; to procure fire engines, hose, and other Bers, pocure fire fire apparatus; establish and organize fire companies, and

engines, &c.

Establish city Watch, &c.

make all proper regulations for their government; and for that purpose, to make such abatement of the poll and other taxes of firemen, who shall be exempt from serving on any jury; to compel the citizens to provide themselves with firebuckets, and assist in the extinguishment of fires; to regulate the sweeping and burning out of chimneys; the storage of gunpowder, and other combustible and dangerous articles, and to take all other usual and proper measures for preventing or extinguishing fires; to sink wells and cisterns, and supply the city with wholesome water; to provide for lighting the streets of the city; to establish a city watch, with power in the watchman to arrest all persons found within the city violating any of the criminal laws of this State, or penal ordinances of the city, and take them be fore the mayor or magistrate for examination; to regulate and prevent the interment of deceased persons within the city, and purchase, hold, and regulate burying grounds for the city; to abate and prevent the erection of all nui sances; define and declare what shall be a nuisance, and prevent, by fine, the exercise of all noxious or offensive trades within the city, or within any part thereof; to estab lish markets or market places, and regulate the buying and selling of articles usually sold in market; to appoint measures, weighers, gaugers, and inspectors for ascertain ing the quality and quantity of flour, meal, beef, pork, and other provisions, coal, wood, lumber, hay, and other arti cles for market, and the accuracy of weights and measures, and fix the fees of such officers; to license and regulate porters, carts, wagons, hacks, and other vehicles plying in the city for hire, fix the prices therefor, and prohibit those not licensed; to license auctioneers, and to regulate auctions except in the case of auctions authorized by the gen eral laws of this State; to prohibit and prevent hogs, cattle, horses, and other animals from running at large in the city; to assess an annual tax on the owners or keepers of dogs within the city; to suppress gaming-houses and houses of ill-fame, and punish the person who shall keep them; and to preserve good order and the public peace, by preventing intoxication, immorality, lewdness, idleness, vagrancy, quarreling, fighting, rioting, and other disorderly conduct within the city, and punish those guilty of such conduct therein; and the mayor and council are authorized to make all by-laws, ordinances, and regulations necessary and proper to carry the foregoing and all other powers granted by this act into full effect, and to enforce the same by penalties not exceeding fitty dollars, to be recovered be fore the mayor.

18. On the second Monday of May annually, or as soon thereafter as practicable, the mayor and council shall determine the amount of the poll and the rate of the ad valorem taxes for the year; and the clerk shall thereupon make and deliver to the marshal, as soon as practicable, a list, in alphabetical order, of the persons named in the assessment roll, and the amount of the taxes of the current year, and the delinquent taxes of the preceding two years, charged against each, specifying whether the tax is a poll or property tax, and if the latter, concisely describing the property, with a precept, under the seal of the city, commanding the marshal, in the name of the city, to collect the taxes charged in said list, by demanding payment of the persons therein charged, or by distress and sale of their respective goods and chattels, or of lands, tenements, and hereditaments described in said list, and to return said precept and list to the mayor and council, and pay over the money so collected to the treasurer on or before the first Monday of November then next.

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§19. The marshal shall execute and return said precept Duty of marsha according to the command thereof, and he shall specify, in in collect'g tax. his return, what taxes have been collected by distress and sale, the property sold, the price for which it sold, and the name of the purchasers, and what taxes remain unpaid, and the cause of their non-payment; and he shall make oath that his return is just and true, which oath shall be 'annexed to his return. The marshal shall also report to the mayor and council all omissions and other errors in the assessment and tax rolls which shall have come to his knowledge, and the mayor and council shall, at all times, have power to correct any assessment or tax roll, by adding to or subtracting from, as to them shall seem right, and to refund any moneys and make any other just restitution for taxes wrongfully collected.

20. The marshal, upon receipt of the tax book, shall advertise in one or more newspapers of the city, calling on the tax payers to meet him at his office to pay their taxes; and if any tax shall remain unpaid on the first Monday in August the marshal may collect the same by distress and sale, at auction, of the goods and chattels of the person charged therewith, and found in the city, returning the overplus, if any, to the owner, giving ten days' notice of such sale, by written advertisements, put up in three public places in the city.

$21. The treasurer and marshal shall, before entering upon the discharge of their respective duties, each execute a bond, in the penalty of four thousand dollars, with good and sufficient security, conditioned for their honest and faithful discharge of official duty; their bonds to be approved by the council, who shall cause the same to be filed in the clerk's office, and true copies of which shall be

Marshal to advertise time of payment o taxes.

Treasurer and marshal to ex6cute bond.

1863.

spread of record. If at any time it shall be deemed proper the council may require additional security of one or both the above named officers, and increase the amount of either or both their said bonds.

§ 22. The mayor and council shall be authorized to es Rules to be establish rules to enforce a faithful and honest discharge of force discharge the official functions of all the officers of the city, and to

tablished to en

of official func

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inflict a penalty for their non-observance ; to remove from office the mayor or any member of the council or other city officer; but in all cases of impeachment the party ac cused shall be notified of the charge or allegations against him at least ten days previous to the day of trial, and they shall also be placed of record in the proceedings of the council.

§ 23. All moneys of the city, raised, collected, or reciev ed by the means of taxes, licenses, penalties or otherwise, shall be paid into the treasury, and shall not be drawn therefrom except by the authority of the mayor and council, upon an order signed by the mayor and countersigned by the clerk. The mayor and council shall cause all demands in favor of and against the city to be adjusted and paid as speedily as possible; and shall require all officers and agents entrusted with the keeping or expenditures of moneys of the city to account for and dispose of the same, at such short intervals, and in such manner as they may direct; and they shall cause, annually, to be published in one or more newspapers of the city, a full and concise statement of the receipts and expenditures of the city. They shall also, at the close of each fiscal year, cause to be published a true delinquent list, giving the name of each delinquent tax payer, with the amount of his or her delinquency, to be published in like manner.

§ 24. All fines assessed by the mayor, for offenses against the penal laws of this State, shall be paid over to the trus tee of the jury fund, as soon as collected.

§ 25. The mayor, or a majority of the council, may call special meetings of the mayor and council whenever they shall judge it expedient, by giving notice to the other councilmen, who shall at that time be in the city; the mayor, and in his absence, the president pro tempore of the council, shall sign the records of their proceedings; and a copy of the record so signed, certified by the clerk, and under the seal of the city, shall be competent evidence in any court of this State. No by-laws or ordinances of a penal nature shall be passed by the mayor and council, without being publicly read twice; and the vote upon the passage thereof shall be by ayes and noes, and entered on the record, but no such by-laws or ordinances shall be in force until a copy thereof, certified by the clerk, under seal of the city, shall have been published ten days in one or more newspapers of the city.

1363.

Jurisdiction of

§ 26. The mayor shall have the same jurisdiction and power, in both civil and criminal cases, which justices of the peace have, if the causes of action or of complaint mayor. shall have arisen, or the defendants, or one of the defendants, shall be found in the city; and he shall have jurisdiction of all cases for a violation of any by-law or ordinance of the mayor and council; he shall also have the power to issue all process for carrying the jurisdiction. into effect; shall proceed in the same manner, and be entitled to the same fees as justices of the peace; he shall keep a docket, which, in all respects, shall have the same effect as the docket of a justice of the peace; and a copy therefrom. certified by the mayor, under his seal, shall be competent evidence in any court in this State; and the parties to any suit before him shall have the same right to a change of venue, to a trial by jury, and to an appeal, as if the suit was pending before a justice of the peace.

§ 27. It shall be the duty of the marshal to serve and return all process directed to him by the mayor, and his power for this purpose shall be co-extensive with Bourbon county also to collect the taxes and perform all the duties of a collector; he shall attend all trials before the city judge; receive the same fees for services, and do the same duties in like cases as constables. In case of the absence or inability of th marshal, the mayor may direct process to any constable of Bourbon county, who shall serve and return the same.

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§ 28. If no goods or chattels shall be found, out of which to make the taxes charged on any lands, tenements and hereditaments, or being found, and sold, shall be insufficient to satisfy such taxes. the marshal shall seize such land, tenements, or hereditaments, and having given three weeks general notice of the sale in a newspaper published in the city, he shall, at the court-house in the city, on the fourth Monday of October, between 10 o'olock in the forenoon and 5 o'clock in the afternoon, and thence from day to day, as long as it shall be necessary, sell, at public auction for cash, the least interest in said lands, tenements, or hereditaments that will satisfy the taxes charged thereon and the costs of sale; and the taxes and costs being paid by the purchaser the marshal shall give to him a certificate of such sale, signed and sealed by himself, stating particularly the property sold, the amount and the year of the tax, and the purchaser's name, said certificate shall be recorded by a clerk in a book kept for that purpose, within sixty days after its date. The marshal shall charge one dollar in the cost of the sale, of which he shall keep seventy-five cents for making, and pay to the clerk twenty-five cents for recording the certificate; and if all proceedings relative to the tax and sale shall have been regular such certificate shall vest in the purchaser and his representatives and as

To keep docket, &o.

Duties and pow

er of marshal.

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