council may

ces.

9. And be it enacted, That it shall and may be lawful for Common the common council, by a vote of a majority of the whole piss ordinannumber, to pass such ordinances as they shall judge proper, for regulating the grade of, keeping in repair, laying out new, altering and vacating existing streets, highways, alleys, and side-walks within said corporation, as hereinafter prescribed, and preventing and removing all obstructions and encroachments in or upon the same; for preventing and restraining riots, disturbances, or disorderly assemblies; for preserving peace and suppressing vice and immorality, and all such other laws or ordinances for the government and regulation of said corporation not repugnant to the laws of this state or of the United States, as they may consider conducive to the welfare and good order of the inhabitants, a copy of which laws and ordinances shall be published four weeks in a newspaper published in said town, or set up in some public place in each ward thereof.

arrest offend

ers.

10. And be it enacted, That the marshal is hereby empow- Marshal may ered to arrest and take into custody, with or without warrant, any offenders against the laws and ordinances of said corporation, or any person or persons disturbing the peace and quietness thereof, and carry such offenders immediately before the mayor, who is hereby empowered to take cognizance of such offences, or some justice of the peace; and that the said marshal shall have all the powers within said corporation of, and shall be entitled to receive the same fees as, any constable of the state; the common council may, for special occasions, appoint assistant marshals, who shall have like pow

ers.

to receive and

11. And be it enacted, That the jailor of the county of Es- Jailor of Essex sex for the time being shall receive and safely keep all such keep offenders offenders as shall be committed to the jail of said county, by the mayor, as aforesaid, for the time or term of his, her, or their imprisonment, and all the expenses of keeping said offenders in said jail, shall be borne and paid by the county of Essex; it shall be the duty of the common council to provide a suitable lock-up for the temporary detention of offenders.

Record and publication of

be evidence of

due passage.

12. And be it enacted, That the book of record of the ordiOrdinances to nances and by-laws of the said common council shall be taken and received as evidence of the due passage of all the ordinances and by-laws recorded therein; and further, that the publication, by the authority of the common council, of the same in a volume or pamphlet form, shall in like manner be taken and received as evidence of the due passage thereof; and that the publication of the said ordinances and by-laws, as aforesaid, shall in all cases be presumed to have been made until the contrary shall be made to appear; and further, upon the trial of any issue, or upon the judicial investigation of any fact, to which issue the corporation hereby created shall be a party, or in which the said corporation is interested, no person shall be deemed an incompetent witness or juror by reason of being an inhabitant of said corporation. Compensation 13. And be it enacted, That the mayor shall be and he is hereby clothed with the same power, and entitled to receive the same fees, as justices of the peace of this state, but he shall receive no other compensation for his services as mayor; the councilmen shall receive the same pay as members of town committees are entitled to receive; the clerk and treasurer shall receive such compensation as the common council of this corporation shall determine; and all other officers whose pay is not provided for in this act, shall receive such fees as are allowed to like officers of the townships of this state.

of officers.

Common

council to

of streets,

roads, etc.

14. And be it enacted, That the common council shall have have control exclusive control of all the highways, streets, roads, and alleys within the limits of the town; they shall regulate the grade of and the manner of working and keeping in repair the same; and, for this purpose, may divide the town into one or more road districts, and appoint one or more overseers, who shall comply in all respects with the instructions of the council; they shall also apportion to each district the amount of road tax they shall deem necessary to be expended in said district; the common council shall also have the exclusive power of laying out new streets, roads, and alleys within the limits aforesaid, and of altering or vacating any already laid;

provided, that a majority of the property owners on the line Proviso. of such new street or alley, or within the limits of the street proposed to be altered or vacated, shall petition the council for that purpose, previous notice having been given in a newspaper published in the town, or by three notices in the locality thereof, at least two weeks prior to such application, specifying the terminations and route of the street or alley to be laid or vacated, or the precise alteration to be asked for; and provided further, that if any property owner shall, in Proviso. writing, signify to the council that he, she, or they claim damages on account of the same, the said common council shall forthwith appoint three discreet and disinterested commissioners to assess the damages as aforesaid, and who shall at the same time assess upon any owner or owners of property the amount to be paid by each of said damages and expenses, as they may deem to be benefitted thereby; the report of said commissioners shall be made to the common council for their approval; and all assessments as aforesaid may be collected with costs, in an action of debt, before any court having jurisdiction thereof; and furthermore, if three-quarters of the property owners in interest on any street, or portion of a street, on either side thereof, shall petition the common council (notice as above having been previously given,) to have the sidewalks of said street, or portion of street, graded, curbed, and paved with stone or brick, or gravelled, the council may order and direct the same to be done at the expense of the property owners, (each owner doing the work in front of his or her property,) the flag not exceeding four feet in width; and if any property owner shall refuse or neglect to do the same for the space of one year, the common council shall have the same done by their overseer or agent, and may recover the expense so incurred in an action of debt, in any court having jurisdiction thereof; provided, that nothing in Proviso. the foregoing section shall be construed to impair or contravene the provisions of an act entitled "An act to define the rights of parties whose property is damaged or taken for public use, in cases of the alteration of the grades of streets or

Maintainance of poor.

License for shows and exhibitions.

Fees for li cense.

highways," approved March seventeenth, eighteen hundred and fifty-eight.

15. And be it enacted, That the common council shall have the entire charge of all the property of the town, and shall have supervisory care of the poor, and for this purpose may appoint an overseer of the poor and a superintendent, prescribe their duties and determine their compensation; the overseer shall report to the council, at least two weeks before the annual election aforesaid, the expense of maintaining the poor, their number and general condition; the council may also appoint one or more pound-masters, at their discretion.

16. And be it enacted, That the common council shall have the sole and exclusive power of licensing all menageries or collections of wild beasts or animals, and all circuses, plays, or other shows and exhibitions whatsoever, proposed to be performed or exhibited within the limits of the said corporation, which said power of licensing the common council may, by ordinance, delegate to the mayor; and any such license. may be granted on such terms, and subject to such limitations. and restrictions as the said council may by ordinance prescribe; and all moneys derived from any such license shall go to and for the use of said town; and if any person or persons shall exhibit, or be concerned in exhibiting, or cause to be exhibited, within the town, any matter or thing hereinbefore specified, without such license as aforesaid, he, she, or they shall be proceeded against under and by virtue of the statute of this state entitled "An act for suppressing vice and immorality," approved April fifteenth, one thousand eight hundred and forty-six, or under the act entitled "An act to regulate the exhibition of beasts and animals," approved April fifteenth, one thousand eight hundred and forty-six, as the case may require, and whether such person or persons shall have obtained a license from any justice or justices of the peace or not.

17. And be it enacted, That if any person shall hereafter obtain a license to keep an inn or tavern within the bounds of the aforesaid corporation, the fee to be paid for the same shall

be fifty dollars; and no person shall be allowed to sell beer, porter, cider, or wine within the bounds aforesaid, until he, she, or they shall first pay to the treasurer of the town, for the use of the town, the sum of fifteen dollars; and for every violation of this section, either by refusal or neglect to pay the said sum of fifteen dollars, it shall be the duty of the treasurer forthwith to prosecute and recover the same in any court having jurisdiction thereof, in an action of debt, with costs, and on non-payment thereof, the defendant shall be committed to the common jail of the county for any term not exceeding sixty days, and until the fine and costs shall be paid; provided, that the sum as aforesaid, when paid, shall Proviso. be an exemption for the space of one year.

council may

18. And be it enacted, That in order to carry into effect Common the provisions of this act, and to defray the expenses war-borrow money ranted thereby, it shall be lawful for the common council to borrow money from time to time, in the corporate name of the town, and to secure the payment thereof by bond, note, or other instrument of writing, under the common seal of the corporation and the signature of the mayor; provided, that Proviso. all loans so made shall be based upon the current taxes of the year, and shall not exceed in the aggregate, in any one year, the sum of five thousand dollars.

make annual

19. And be it enacted, That all moneys of the town derived Treasurer to from taxes or otherwise, shall be paid forthwith to the trea-statement. surer, and no money shall be drawn from the treasury but by order of the common council, signed by the mayor; and it shall be the duty of the treasurer to present to the common council, at least two weeks before the annual election as aforesaid, a full statement of all moneys received and paid out during the year, showing the source whence derived, and to what applied, the amount of indebtedness of the town, and the balance of funds, if any, in his hands; and it shall be the duty, in like manner, of the superintendent of schools to submit a report of the amount expended for the schools, the number of pupils, and the general condition of the schools, which several reports shall be filed by the clerk, and the same,