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entering upon the 'duties of their offices, shall take the following Oath of office. oath before some Justice of the Peace, to wit: I do solemnly swear
or affirm, as the case may be, that I will well and truly, to best of my knowledge and ability, execute and discharge the duties of Alderman of the city of Wetumpka, as prescribed by this act, without favor, affection or partiality, so help me God.
Sec. 7. And be it further enacted, That the Mayor and AlTo pass by.
dermen shall have power and authority to pass by-laws and ordinances necessary and proper to prevent contagious and infectious diseases from being introduced into said city, and to preserve the health thereof, and to prevent and remove all nuisances at the expense of the person causing such nuisance, or upon whose property it may be found; to license, tax, regulate and restrain theatrical amusements and shows, to restrain and prohibit gaming and keeping gaming houses, and houses of ill-fame, to establish night-watches and day-watches and patrols, and appoint Captains and leaders thereof, to make, alter and ascertain new streets and alleys, to clean and keep in repair the streets and alleys, to regulate the stationing, moving and carriage of steam boats and other boats and crafts within their jurisdiction; to have a general control and superintendance over the wharf and wharfage, ferry and ferriage, bridge and bridges, public springs and wells, and commons of said city, margin of the river on each side of said river, to establish necessary inspections, to erect and regulate markets and all public buildings that may be necessary for the convenience of said city, and the assise of bread, to regulate the sales at auction, and to appoint auctioneers: Provided, the same shall not extend 10 sales under execution by order of Court or by executors or administrators, to erect public scale houses, to license and regulate carts and wagons, drays and such hacks and carriages running from one point of said city to another, for hire generally, and to pass such by-laws and ordinances not contrary to the constitution and laws of this State and the United States, as the said Mayor and Aldermen shall from time to time deem necessary and proper to carry into effect the true intent and meaning of this act, and the same to enforce, alter and repeal; the said Mayor and Aldermen, shall have power to appoint and remove at pleasure, a Clerk and Treasurer, and such number of Marshalls and other officers as they may deem necessary and proper, and to require such bond and security as they
may deem necessary, and to annex such fees and salaries to their To impose
several officers, and to impose such fines for neglect of duty in fines. office, not exceeding fifty dollars, as they may deem necessary; the
said Mayor and Aldermen are also empowered to lay such fines not exceeding fifty dollars, for the breach or breaches of their by-laws or ordinances they may think proper, 'and enforce and collect the same in such manner as they may prescribe by ordinances, by execution against the person or property, or commit him to prison as they may deem necessary or proper, which fine shall be appropriated in such manner as the said city council shall prescribe: Provided, that this act and all the by-laws or ordinances of said city, shall at all times be subject to repeal or revision by the General Assembly.
Sec. 8. And be it further enacted, that the said Mayor and To levy and Aldermen shall have power and authority annually to assess, levy and collect tax, not exceeding one per centum upon all unimproved real estate in said city, and not exceeding one fourth of one per centum of all improved real estate in said city, and not exceeding one half of one per centum, upon all personal property taxed by the State; a poll tax not exceeding one dollar on each white male in. habitant above the age of twenty-one years; Provided, he shall have resided in said city two months preceding the time said tax shall be levied; on each' slave over ten and under fifty years of age, not exceeding one dollar; on every free negro or mulatto, who shall reside in said city, not less than twenty or more than fifty dollars; a tax on all pleasure carriages, gigs, chairs and sulkeys, not exceed. ing one half of one per centum on the value thereof; on every cart, dray, wagon and other vehicle used for the transportation of goods and other commodites from one part of said city to another, for hire, a tax not exceeding twenty dollars; on every retailer of spirituous liquors, a tax not less than fifty for more than one hundred dollars; on every vender of goods, wares and merchandise, drugs and medicines, or either of them; a tax not exceeding eight cents on every hundred dollars worth of goods sold; on ware-house keepers and commission merchants, a tax not exceeding one half of one per cent on all goods Aldermen sold.
Sec. 9. And be it further enacted, That the Aldermen shall powers. be ex-officio vested with, and may exercise in said city, all the powers and authority that belongs to Justices of the l'eace, by the laws of this State, and the Marshal shall be ex-officio a constable, and vested with all the power and authority of constables of this state, and the said Aldermen and Marshal shall respectively be liable to the same penalties and restrictions as are imposed by the laws of this State upon the several officers with which they are vested; and the Sheriffs of the counties of Coosa and Autauga, and all ministerial officers shall obey the said Aldermen and truly and faithfully execute the warrants and processes committed to them for service, according to the mandate, and it is made the duty of the Jailor of the said counties, receive all persons committed by the Aldermen, and the person or persons so committed, safely to keep confined in close jail, Election of till delivery therefrom hy due course of law,
Sec. 10. And be it further enacted, That should the election not take place on the day fixed for the annual election of Aldermen, the corporation shall not for that cause be dissolved, and the incumbents shall remain in office until their successors are elected and qualified, and it shall be the duty of the Mayor and Aldermen to fix some other day as early as convenient, within one month thereafter, on which said election shall be held.
Sec. 11. And be it further enacled, That the said inhabitants of kept open. the said city shall be excused from working on roads and highways, out of the said city, and from patrol duty except under authority of said city; but the streets and highways of said city shall be kept in repair by said city, and all male citizens over the age of eighteen,
Streets to be
and under forty-five years of age, shall be liable to patrol duty, to work upon the streets or pay such equivalent in money as the statute
requires, and to serve as guard or watch at such times and in such Property ves.
manner as may be prescribed by said city council, ted'in city. Sec. 12. And be it further enacted, That all property, claims
and demands of whatever description, belonging to the towns of east, west and north Wetumpka, shall be vested in the property of the city of Wetumpka, with the understanding that each part of said city shall pay and discharge all the debts, liabilities and demands for which they are now bound and liable; meaning thereby, that west Wetumpka pay and discharge her liabilities; east Wetumpka all of her liabilities, and north Wetumpka all of her liabilities, and all taxes or moneys raised in any way in the said towns of west, east and north Wetumpka, shall be the property of said towns respectively, and shall be expended for the benefit and improvement of said towns as aforesaid, except so much as shall be necessary to build and keep in repair all public buildings, and the expenses for the government
of said city, shall be paid, the one half by west Wetumpka, and the mayor to pre other half by east and north Wetumpka. side and keep order at all Sec. 13. And be it further enacted, That it shall be the duty of the meetings the Mayor to preside and keep order at all meeting of the Mayor of the board
and Aldermen, he shall call the meeting of the Aldermen, whenever in his opinion the interest of the city shall require it, he shall keep an office in said city, and hear and determine upon ail causes for breaches of the ordinances and by-laws, and shall receive such fees and salary as shall be prescribed by the city Council; in the absence or inability of the Mayor, the Aldermen shall appoint one of their own number Mayor pro, tem. who shall discharge the duties of Mayor till the Mayor returns, or his inability is removed, each of the Aldermen may hear and determine causes for breach of the by-laws and ordinances; two Aldermen may call a meeting and the Mayor and six aldermen shall form a quorum.
Sec. 14. And be it further enacted, That the said City Council
may cause an assessment of taxes to be made in each and every year, To cause an by three fit and proper persons—the assessment naming the persons assessment of liable to such taxes, when known, and specifying the property, when
the owner is not known, which assessment shall be returned to the Mayor, to be laid before the Mayor and Aldermen, and the Mayor and Aldermen shall give at least ten days notice, that the assessment has been made, and the time when the Mayor and Aldermen will proceed to hear and determine upon all complaints, which may be made against such assessment; and it shall be their duty to correct errors and supply omissions, and when the same has been passed upon by said City Council, said assessment shall have the force and effect of judgment and execution, and may be collected by a levy and sale of property, on giving such notice as is required by law on executions from the circuit court, and where no property to be found, is returned, upon said assessment, the Mayor may issne a capias ad satisfaciendum, and all sales of property made under or by virtue of such assessment, shall convey to the purchaser the same title, as if
To make and
sold by execution from the Circuit Court, and the collector of said City shall in case of sale of real estate give the purchaser a deed of conveyance, which shall vest in the purchaser the same interest that the
person had against whom such tax was assessed, at the time of such assessment, and when the owner is not known, the entire and equitable interest in such estate, discharged of all levies: Provided, That when a tax is assessed upon property, the owners of which are not known, ninety days notice of the sale, specifying the property and the taxes, shall be given in some newspaper printed in said city: And provided, that the owner of any real estate sold for taxes, shall have the right to redeem the samne, by paying treble the amount Proviso. of taxes, together with costs and charges, within twelve months from the day of sale.
Sec: 15. And be it further enacted, That the said city council of Wetumpka shall have full power and authority to make, ordain and enact such laws and regulations, not contrary to the laws and constilution of this State, as may be deemed necessary, in relation to the ordain laws. streets, highways, commons, margins of the river, public buildings, powder magazines and jails, and every other matter and thing which they may deem necessary for the good order and welfare of the city.
Sec. 16. And be it further enacted, That all laws or parts of laws, that may contravene this act be, and the same are hereby re
Ropeal. pealed, except so much of any law heretofore passed as may be necessary to carry out, complete any contract with,.or act of said town Councils, of East and West Wetumpka, as may be now incomplete or unsettled.
Sec. 17. And be it further enacted, That a court be, and the same is hereby established, to be styled the City Court of Wetumpka, whose jurisdiction within the limits of said city, with the exception of the powers appertaining to a Court of Probate and Ordinary, City Courtes. shall be the same and concurrent with that of the several County tablished. Courts of the counties in which said city is situated, which shall be held on the first Mondays of June and December in every year, and continue in session until the business is disposed of; and there shall be elected at the present session of the General Assembly, by a joint vote of both Houses, a Judge of said Court, who shall be commissioned, and be subject to all the laws and responsibilities, and have all the power and privileges, (so far as applicable) as the Judges of the several County Courts of this.State, who shall also be ex officio, Mayor of the City of Wetumpka.
Sec. 1$. And be it further enacted, That the said Court con- Court of Re: stituted as aforesaid, shall be a court of record, and the same procee
cord establish dings shall be had therein, as provided in the circuit or county courts in said State, and that all writs, process and executions, shall be served and made returnable in the same manner, as in the Courts aforesaid, and the Marshal or officer serving the same, shall be entitled to the same fees as are allowed to the Sheriffs in said State for similar services.
Sec. 19. And be it further enacted, That the Clerk who, as well Clerk & Maras the said Marshall, shall respectively be also the Clerk and Mar-silto be ap
shal of the City Council of said court, shall procure at the expense of said city, good and substantial record books, where he shall properly register all the proceedings of the said City Court, and shall, for his services receive the same compensation as is allowed the clerks of the respective county courts in said State.
Sec. 20. And be it further enacted, That the said clerk shall, To procure
at the expense of the said City Court, provide good and substanrial record books. record books, for the purpose of recording all conveyances of land
or real estate, lying within the limits of said city as afosesaid, and shall be entitled to the same fees for recording the same, as are received by the clerks of the respective county courts as aforesaid; and that all deeds of conveyance nf real or personal property, within the bounds aforesaid, recorded by the clerk as aforesaid, shall be as good and efficient in law and equity, as if the same had been recorded in the clerk's office of the county courts of the respective counties designated by the general laws of said State: Provided, the same were duly recorded within the time prescribed hy law, after being duly executed.
Sec. 21. And be it further enacted, That the Clerk and Mar: Clerks and shal to be selected for the said City Court, vested with the powers Marshalls of aforesaid, shall be known as the Clerk and Marshal of the City the City.
Court of Wetumpka.
Sec. 22. And be it further enacted, That a jury be drawn by the Mayor, Clerk and Marshal of said city, in the same manner as in the county courts of said State, to be taken from said city; and that the same number be impannelled to try the cause submitted in the respective county courts of said State; and should either party be dissatisfied with the decision of the Judge or the verdict of a jury, the said cause may be removed by a certioruri, or appeal to the Circuit Court of the county wherein the defendant resides, in the same manner as cases are removed from the county court to the cir. cuit court; and in carrying up causes by appeal or certiorari, from said city court, either party may require witnesses to be subpænaed,
by the clerk of the circuit court, to which it is removed, which subMarshall's peena shall be served by the Marshal of the city, when the witness fees for sum- to be subpænaed resides in said city, for which service the Marshal messies wit shall receive such compensation as is allowed to the sheriffs of the
State in similar cases.
Sec. 23. And be it further enacted, That all persons residing ing within the within the limits of said city, shall be amenable to the jurisdiction of Jimits of the said City Court, which shall in no wise exempt them from the juriscity to be a
diction of the County and Circuit Courts of their respective counties. laws.
Sec. 24. And be it further enacted, That all process issuing from said Court, shall be signed by the clerk, and bear teste in the name of the presiding Judge; - and all process issued in any other manner shall be qnashed for informality.
Sec. 25. And be it further enacted, That whenever any person signed by the shall be held to bail, or a cupias ad satisfaciendum, shall issue from Clerk.
said Court against the body of an individual, who is compelled to be imprisoned for want of funds or security, he shall be imprisoned in
Jury to be drawn.
Process to be