Justice of the peace.

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Treasurer's du

ties.

forfeitures, and grant reprieves and pardons for offences arising under the ordinances of the city. He shall have power to remove any watchman for cause, to be by him assigned to the city council in writing. In case of his absence from the city, or his inability to perform the duties of his office, the president of the council shall, during the continuance of such absence or inability, be vested with the powers and execute the duties of the mayor. The city council shall pay the mayor a salary, of not exceeding two hundred and fifty dollars a year. SEC. 16. Justices of the peace in said city shall possess the same jurisdiction which is vested in justices of the peace in townships, and in addition, shall have exclusive original jurisdiction in all cases arising under the ordinances of the city, when the penalty or damage claimed does not exceed the sum of one hundred dollars, and shall be entitled to such fees. as shall be prescribed by law or ordinance.

SEC. 17. The treasurer shall be ex-officio collector, and shall receive all moneys belonging to the city, and keep an accurate account of all the receipts and expenditures, so as to exhibit the amount paid under each particular class of purposes for which moneys shall be raised. All moneys shall be drawn from him in pursuance of an order of the city council, except as hereinafter provided for the disbursement of school funds, by warrants specifying for what purpose they are drawn, signed by the clerk and countersigned by the mayor. The clerk shall keep an accurate account of all warrants issued, in a book to be provided for the purpose. The treasurer shall retain, as his compensation, a commission of three-quarters of one per cent. on all moneys received by him, except such as shall be received by him from his predecessor in office, and such as shall be received by him upon loans made to anticipate the taxes to be received during the current fiscal year; and a like commission on all moneys disbursed by him, excepting such as he shall pay over to his successor in office, or such as shall be paid by him to discharge loans made in anticipation of the taxes to be received during the current fiscal year. The treasurer shall, ten days before the annual charter election in each year, present to the city council and file with the clerk an account of all his receipts and disbursements since the date of the last report, and a statement of the financial condition of the city, a copy of which shall be published

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in the newspapers designated by the city council for publish-
ing its proceedings, at least eight days before such election.
SEC. 18. The clerk shall keep the corporate seal and all City clerk.
papers belonging to the city, and shall attend the meetings of
the city council and make a record of its proceedings, and
perform such other duties as he shall be charged with by the
city council. Copies of all papers filed in his office and tran-
scripts from the record of the proceedings of the city council,
duly certified by him under the corporate seal, shall be evi-
dence in all courts, in like manner as if the originals were
produced.

SEC. 19. The city surveyor shall prepare plans, specifica- City surveyor.
tions and estimates, when thereto directed by the city council,
of proposed public improvements, and shall superintend the
opening of streets and the preservation of the true lines
therof, and perform such other duties, as he may be charged
[with] by the city council.

of fire depart

SEC. 20. The chief engineer shall have the superintend- Chief engineer ence of the fire department. It shall be his duty to see that ment. the apparatus for extinguishing fires, belonging to the city, is kept in proper order, and, from time to time, to report to the city council any necessary reparation or measure to render the condition of the department efficient. He shall appoint a first and second assistant engineer, who shall, under his direction, perform any service, and exercise any control which he could in the operations of the department. In the absence of the chief engineer the first assistant engineer shall possess his powers and exercise his duties, in the superintendence of the department; and, in the absence of the chief engineer and first assistant engineer, the second assistant engineer shall possess his powers and exercise his duties: Provided, The fire companies be permitted to nominate the chief and first and second engineers, at the first meeting of the city council, on the first Monday in May of each year, for its approval; otherwise, to be appointed by the council, without such nomination

as herein provided.

SEC. 21. The marshalshall, under the direction of the mayor, Marshal. be the chief police officer of the city, and shall have the same power and authority in criminal cases that the sheriff of Douglas county or any constable of a township thereof possesses; and, within the city of Lawrence, the same power and authority in civil cases which a constable in townships possesses. He shall

Powers of coun-
cilmen.

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Etated meetings.

President, clerk,

appointed.

see that the laws of the territory and the ordinances of the city, for the preservation of peace, morality and good order, are observed and enforced in the city; he shall superintend the watchmen in the discharge of their duties, and shall observe and obey the orders and directions of the mayor and city council, in the preservation of peace, morality and good order.

SEC. 22. Every member of the city council shall have the power, and it shall be his duty, without warrant, to arrest or cause to be arrested any person engaged in his presence in disturbing the public peace or violating any law of the territory or ordinance of the city for the preservation thereof, or of good order or morality; and to bring, or cause such persons to be brought, before a justice of the peace, for trial.

TITLE III.

Of the Powers of the City Council.

SEC. 23. The city council shall hold stated meetings, at times to be determined by it from time to time, and special meetings whenever called by the mayor, or by any two councilmen by notice to each member thereof, to be served personally, or by leaving the same at his place of abode. A majority of its members shall constitute a quorum for the transaction of business; but a less number may adjourn from time to time and compel the attendance of absent members. It may determine its rules of proceedings and enforce the same, and may expel any member by a vote of two-thirds of all the members of the council.

SEC. 24. The city council shall, at the first meeting, on or engineer, to be after the first Monday in May of each year, elect one of their number president of the council, who shall preside when the mayor is not present, and shall appoint the clerk, the chief engineer, and so many clerks of markets, sextons to have charge of burial grounds belonging to the city, and messengers to attend upon its meetings as it may deem necessary, and all other officers not made elective by this act or by ordinance. Such officers shall hold their offices during the pleasure of the city council.

Council to have
charge of city
property.

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SEC. 25. The city council shall have the care, management and control of the city and its finances; it shall have power to ordain, alter, modify and repeal ordinances not repugnant to the organic act and laws of this territory, such as it shall deem

expedient for the good government of the city, the preservation

of peace and good order, the suppression of vice and immora'. Good order. ity, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be necessary to carry such power into effect It is also particularly authorized to enact ordinances for the following purposes: 1. To preserve peace and good order, and to restrain and prevent vice, immorality and every kind of fraudulent device and practice. 2. To restrain and punish Vagrants. vagrants, mendicants, street beggars and persons soliciting alms, keepers of houses of ill-fame, common prostitutes, bawds and disorderly persons, and to prevent and punish drunkenness and disorderly or immoral conduct in public places and streets. 4. To prevent any riot, noise or public disturbance, and all disorderly assemblies. 5. To regulate auction sales, Auctions. and to prohibit hawking and peddling in the streets. 6. To Spirituous prevent the selling or giving away, with intent to evade the liquors. excise laws, any strong or spirituous liquors, by any storekeeper, trader or grocer, to be drank in any shop, store, grocery, house, out house, yard or garden, owned, occupied or controlled by the person selling or giving away of any strong or spirituous liquors to any child, apprentice or servant, without the consent of his or her parent, guardian, master or mistress. 7. To regulate the keeping and conveying of gun pow- Gunpowder. der and other combustible and dangerous materials, and the

Riots:

use of candles and lights in barns and stables. 8. To regu- Wood, coal, &c. late the place of exposing for sale, wood, coal, hay and lime,

Shows.

in the streets of the city. 9. To restrain and regulate the so- Runners.
liciting of passengers for any means of public conveyance,
and of guests for taverns or public boarding houses, and the
ringing of bells. 10. To license and regulate cartmen, por- Cartmen.
ters and drivers of hackney carriages, and baggage or other
wagons or vehicles used to carry passengers or baggage for
hire, and to limit their compensation. 11. To restrain and
regulate all exhibitions of natural or artificial curiosities or
animals, all theatrical or other shows, exhibitions or preform-
ances for money. 12. To appoint a sealer and examiner of Sealer.
weights and measures in the city. 13. To direct and require
the keeping and returning of bills of mortality, and to im- iy.
pose penalties on physicians, sextons and others for default
therein. 14. To regulate or prevent the running at large Dogs.
of dogs, and to destroy them, and to impose a tax upon

Bills of mortal

Cattle.

Pounds.

Nuisances.

Horse racing.

Fire-arms.

Lights.

Water.

Side walks.

Streets.

Marshal, &c.

Fire Buckets.

Markets.

Chimneys.

Fire places.

the owners or possessors of dogs. 15. To restrain the run. ning at large of cattle, horses, sheep, swine and geese in said city, and to cause such as may be running at large to be impounded and sold to discharge the penalty for the violation of the ordinance, and the expenses of impounding and sale. 16. To establish and regulate public pounds, and to appoint masters thereof from time to time. 17. To determine what are nuisances, and to prevent, abate and remove them. 18. To prevent and punish horse racing and immoderate riding or driving in the streets or highways, and every game, practice or amusement in the streets or elsewhere, having a tendency to frighten teams or horses, or to annoy persons passing in or along the streets or highways, or to endanger property. 19. To prevent and punish the discharge of firearms, rockets, gunpowder and fireworks in the streets of the city or in the vicinity of any building. 20. To light the streets of the city. 21. To establish, make and regulate public wells, aqueducts and reservoirs of water for the convenience of the inhabitants of the city and its protection against fires, and to prevent the unnecessary waste of water. 22. To compel all persons to remove the snow, ice and dirt from the sidewalks in front of the premises occupied or owned by them, and to keep the streets swept in front of such premises, and to punish the incumbering of streets and sidewalks with carriages, carts, sleds, sleighs, wheelbarrows, boxes, wood, lumber, timber, or other substance or material whatsoever. 23. To ascertain, establish and settle the boundaries of the city and all streets, alleys and highways therein, and to remove and prevent all encroachments thereon. 24. To prescribe the duties of the marshal, policemen, watchmen, chief engineer and the members of the fire department, and the duties of citizens upon occasions of fires. 25. To require the occupants of buildings to provide themselves with fire buckets, and to prescribe the manner in which they shall be marked and kept, and to regulate their use at fires. 26. To establish and regulate public markets, and restrain and regulate the sale of fresh meat and vegetables in the city, and to license butchers, and, for cause shown, to revoke their licenses, 27. To regulate the construction of chimneys, and to compel their sweeping and cleaning, 28, To prevent the dangerous construction or condition of chimneys, fireplaces, hearths, [stoves,] stove pipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed