Treasurer

Marshal

scribe further

cers

in such manner as the Common Council shall from time to time direct. The Treasurer shall exhibit to the Common Council, at least fifteen days before the annual election, or sooner if required by them, a full and detailed account of all the receipts and expenditures after the date of the last annual report, and also the state of the Treasury, which account shall be filed with the recorder.

SEC. 8. The Marshal shall execute such orders as are made, and perform such duties as are prescribed by the Common Council for the collection of tolls, license moneys, and fines for the preservation of the public peace, for the good order, cleanliness and government of the city, and for all other purposes. He shall possess the powers of a Constable at common law, and under the statutes of this State, and receive like fees, but shall not serve civil processes except when the city is a party, and shall be collector of taxes.

SEC. 9. The Common Council shall have power from time to time to require other and further duties to be performed by Powers of any officer whose duties are herein prescribed, and to appoint counsel to pre- such other officers as may be necessary to carry into effect duties for offi- the provisions of this act, and to prescribe their duties and fix the compensation of all officers elected or appointed by them; such compensation shall be fixed at the time the office is created or at the commencement of the year, and shall not be increased or diminished during the time such officer shall remain in office. The Common Council may at any time fix the compensation for any officers or committees for any incidental service by them performed.

Official news. papers

City Printer

ficers to deliver up books

SEC. 10. The Common Council at their first meeting in each year, or as soon thereafter as may be, shall designate what newspapers printed in the city, and how many, in which shall be published all the ordinances and other proceedings and matters required by this act, as by the by-laws or ordinances of the Common Council to be published in a public newspaper.

SEC. 11. The city printer or printers, immediately after the publication of any notice, ordinance, or resolution, or other matter which by this act or by city ordinance shall be required to be published, shall file with the Recorder a copy of such publication, with his affidavit, or the affidavit of his foreman, of the length of time the same has been published, and such affidavit or affidavits shall be conclusive evidence of the publication of such notice, ordinance, resolution or other matter.

SEC. 12. Any person having been an officer of said city, Failure of of shall, within ten days after notification and request, deliver to his successor in office, all property, books, papers, and effects of every description in his possession, belonging to said city, or pertaining to the office he may have held; if he fails so to do after such notification and request, he shall forfeit and pay to the use of the city, one hundred dollars, be

1

sides all damages caused by his neglect or refusal so to deliver, and such suceessor may recover the possession of such books, papers and effects in the manner prescribed by the laws of this State in cases of unlawful detention.

Contracts-SEC. 13. No member of the Common Council shall be a members of council not to party to, or interested in any job or contract with the city, be interested and any contract in which any member of the Common Coun- in

cil may be so interested, shall be null and void.

SEC. 14. The Mayor, Sheriff of Wabashaw county, and

each and every Alderman, Justice of the Peace, Marshal, Re- Peace officers corder, and constables of the townships or precincts of which defined said city is a part, shall be officers of the peace, and may command the peace and suppress in a summary manner all rioting and disorderly behavior within the limits of the city, and for such purpose may command the assistance of all bystanders, and if any person so commanded shall refuse to aid in maintaining the peace, every such person shall pay a fine of twenty-five dollars.

duties

SEC. 15. The Justice of the Peace for the city shall possess all the authority, power and rights of a Justice of the City justice, his Peace, except he shall in no case entertain any civil proceeding to which the city is not a party, and shall have sole exclusive jurisdiction to hear all complaints, and conduct all examinations and trials in criminal cases within the city, cognizable before a Justice of the Peace, but warrants returnable before the said city Justice may be issued in criminal cases by any Justice of the Peace of the said county of Wabashaw, but no fees shall be received therefor by such Justices; said Justice shall have exclusive jurisdiction in all cases in which the city is a party, and he shall have the same power and authority in cases of contempts as other Justices of the Peace, provided, that nothing herein contained shall be deemed to divest the District Judges or Judges of the Supreme Court of their authority as conservators of the peace. In case of absence or sickness, or other disability of said Justice, or for any sufficient reason, the Mayor by warrant may authorize any other Justice of the Peace within the limits, or either one of the Aldermen of said city, to perform the duties pertaining to the office of said Justice, and the Mayor shall thereupon inform the city Attorney and Marshal of such appointments, and make report thereof to the City Council and they shall confirm or set aside such appointment, or appoint some other Justice or Alderman, and the person so appointed shall for the time being and until his appointment is vacated, possess all the authority, powers and rights appertaining to the office of Justice of the Peace for the city; provided, nothing herein contained shall be deemed or so construed as to oust the city Justice of the Peace of his jurisdiction, but the Justice so appointed until his appointment is vacated, shall have concurrent jurisdiction with the city Justice and shall receive like fees for his services as said Justice of the Peace for the city.

Justice to

council

SEC. 16. The said Justice of the Peace shall quarterly report to the Common Council a list of all proceedings instituted before him in behalf of the city, and the disposition theremake report to of, and shall at the same time account for and pay over the amount of all penalties and costs collected which may by law accrue to the city, and he shall be entitled to receive from the county of Wabashaw, such fees in criminal cases as are allowed to other Justices in said county for similar services.

City Survey or

common council

SEC. 17. There shall be annually appointed by the Common Council, a City Surveyor, who shall hold his office for one year and until his successor shall be appointed and qualified, and the Common Council shall prescribe his duties and fix the fees and compensation for any services performed by him. All surveys, profiles, plans or estimates made by him for the city, shall be the property of the city, and shall be carefully preserved in the office of the Recorder, open to the inspection of the parties interested.

CHAPTER IV-THE COMMON COUNCIL-ITS GENERAL POWERS
AND DUTIES.

SEC. 1. The Mayor, Aldermen and Recorder, shall constiWho are the tute the Common Council, and the style of all ordinances shall be, "The Common Council of the city of Wabashaw do ordain." The Common Council shall meet at such time and place as they may direct. And a majority shall constitute a quorum. The Common Council shall determine the rules of its proceedings, and be the judges of the election and qualification of its own members, and have the power to compel the attendance of absent members.

council

SEC. 2. The Common Council shall have the management and control of the finances, and of all the property of the Powers of the city; and the Common Council shall likewise have full power and authority to make, enact, ordain, establish, publish, enforce, alter, modify, correct, and repeal, all such ordinances, rules and by-laws, for the government and good order of the city; for suppression of vice as they shall deem expedient; and declare and impose penalties, by fine and imprisonment, or both, and to enforce the same against any person or persons who violate any of the provisions of such ordinances, rules or by-laws, and which ordinances, rules and by-laws, are hereby declared to be and have the power of law; and for those purposes shall have authority by ordinances, resolutions or by laws, provided they be not repugnant to the Constitution and Laws of the United States, and of this State.

1st. To license and regulate the exhibition of common showmen, or shows of any kind or the exhibition of Caravans, CirTo grant licuses, or Theatrical performances, Billiard Tables, Bowling Sa-` loons, and to provide for the abatement and removal of all nuisances under the ordinances, or at common law, or under this

censes

act; and to grant licenses and to regulate groceries, taverns, victualling houses, and all persons vending or dealing in spirituous, vinous, fermented, mixed, or intoxicating liquors ; provided, that the license for so dealing in spirituous, vinous, fermented or intoxicating liquors, shall be at least fifty dollars, and as much higher as the Council may direct; and shall be for the current year, which shall expire on the second Monday in May.

To restrain

2nd. To restrain and prohibit all E. O or Rolette Tables, Faro or Pharo Banks, and all gaming with Cards, and all gambling tables, and to prohibit the use of all gambling de-gambling and vices whatever from being set up or used for gambling pur-tippling houses poses, and to restrain and prohibit all descriptions of gaming and fradulent devices and practices, and playing of cards, dice or other games of chance, for the purpose of gaming in said city; and to restrain and prohibit any person from vending, giving or dealing in spirituous, vinous, fermented, mixed, or intoxicating liquors of any kind, and impose such restrictions, or prohibitions by fine or imprisonment, or by both fine and imprisonment.

3rd. To prevent any riots, noise, disturbance, disorderly To prevent assemblages, suppress and restrain disorderly houses or groceries, and houses of ill-fame; and to authorize the destruction of all instruments used for the purposes of gaming, and of all spirituous, vinous, fermented, mixed or intoxicating liquors of any kind that may be kept for sale or dealt in contrary to any ordinance of the city.

To make

4th. To compel the owner or occupant of any grocery, cellar, tallow chandler's shop, soap factory, tannery, stable, health regulabarn, privy, sewer or other unwholesome or nauseous house tio ns or place, to cleanse, remove, or abate the same from time to time, as often as they may be deemed necessary for the health, comfort and convenience of the inhabitants of the city. 5th. To direct the location and management of slaughterhouses and markets in said city, and to regulate the sale, houses &c storage, keeping and conveying of gunpowder or other combustable materials.

Slaughter

6th. To prevent the encumbering of streets, side-walks, Streets lanes or alleys, with carriages, carts, wagons, boxes, sleighs, fire-wood, lumber or any other material or substance what

ever.

7th. To prevent horse-racing, immoderate riding or driving Horse racing in the streets; and to regulate the places of bathing and

swimming in the water within the limits of said city.

8th. To restrain the running at large of cattle, horses, Public pounds. mules, swine, sheep, poultry and geese, and to authorize the

impounding, destraining and sale of the same.

9th. To prohibit the running at large of dogs, to impose Dogs fines upon their owners, and to authorize the destruction of

the same when at large contrary to ordinances.

10th. To prevent any person from bringing, depositing or

Health

having within the city, any putrid carcass, or other unwholesome substance, and to require the removal of the same, by any person who shall have the same upon his premises, or from any street, lane or alley; if he shall have thrown or put the same in any street, lane or alley, and in default to authorize the removal thereof by any competent person, at the expense of such person or persons.

11th. To make and establish public grounds, pumps, wells, Licenses &c cisterns and reservoirs, and to provide for the erection of water-works, for the supply of water to the inhabitants, to erect lamps or other means whereby to light the city, to regulate and license hacks, cabs, drays, carts, and charges of hackmen, coachmen, draymen and cartmen of the city.

Burial grounds. &c

12th. To establish and regulate boards of health, provide hospital and cemetery grounds, regulate the burial of the dead, and the returns of the bills of mortality, and to exempt burial grounds, set apart for public use, from taxation. 13th. To regulate the size and weight of bread, and to prow'ght of bread vide for the seizure and forfeiture of bread, baked contrary thereto.

Assize and

Sidewalks

Firearms

Drunkenness

Runners

Markets

14th. To prevent all persons riding or driving any ox, cow, horse, mule or other animal on the side-walks of the city, or in any way doing damage to such side-walks.

15th. To prevent the shooting of fire arm, crackers, rockets, or other projectiles, and to prevent the exhibition of any fireworks in any situation which may deemed by the Council dangerous to the city or any property therein, or annoying to any citizens thereof.

16th. To restrain drunkards, immoderate drinking of in toxicating beverages, brawling and obscenity in the streets or public places, and to provide for assisting, removing and punishing any person who may be guilty of the same.

17th. To restrain runners and solicitors for boats, vessels, stages, public houses, rail roads, and other establishments, and to regulate the police of the city.

18th. To establish public markets, and to enforce rules and regulations for the government of the same.

19th. To regulate the place and manner of selling and to Hay wood &c provide for the inspection and weights of hay, and stonecoal, and measuring of charcoal, fire wood, and other fuel, and to appoint suitable persons to superintend and conduct the same.

Sidewalks

Wharves

20th. To compel the owners or occupants of buildings or grounds to remove snow, dirt or rubbish from the side-walks, streets or alleys opposite thereto, and in his default, to authorize the removal or destruction thereof by some officer of the city, at the expense of such owner or occupant.

21st. To regulate the construction of wharves or grading such wharves into the Mississippi river within the corporate limits of the city, and to prescribe and control the prices of wharfage thereon.