CITY ORDINANCES.

CITY OF SALEM.

[Those Ordinances are omitted which are annually made, such as for Appropriations, the annual Tax, &c., which will explain the omission of some intervening numbers ]

NUMBER I.

An Ordinance providing for the election of Overseers of

the Poor.

[Passed May 11, 1836.-See Ordinance No. 49.]

NUMBER II.

An Ordinance establishing the office of Commissioner of
Streets, and defining the duties thereof.

Appointment of

SECTION 1. Be it ordained by the City Council of the City of Salem, that there shall annually be appointed by Street Commisthe City Council, in convention, by ballot, an able and sioner. discreet person, to be styled the Commissioner of Streets, who shall also be the surveyor of highways, required by law to be chosen, and who shall continue in office until removal, or until a successor be appointed and sworn to the faithful performance of his duty. He shall receive such compensation for his services as the City Council shall Compensation. establish, and shall be removable at their pleasure; and in case said office shall become vacant, by death, resignation or otherwise, a successor shall forthwith be appointed in the manner prescribed.

the

SEC. 2. Be it further ordained, That it shall be the Duties of duty of the Commissioner of Streets, under the general Commissioner of care and supervision of the Mayor and Aldermen, to superintend the general state of the streets, roads, side

Streets.

Authority of
Commissioner of
Streets.

walks, lanes, bridges, public walks and squares of the city; to attend to the making, widening or alteration of the same; to cause the same to be kept in good, sufficient and suitable repair, and to make all contracts for labor and materials that may be necessary; to superintend the building and repair of any drains or sewers for the city, and to make all necessary contracts for the same. He shall also make all necessary arrangements for keeping the streets clean and in good order, and he shall give notice to the Mayor or City Marshal in case of any nuisance, obstruction or encroachment in or upon any of the streets, roads, sidewalks, bridges, public walks or squares of the city.

SEC. 3. Be it further ordained, That the Commissioner of Streets may make such arrangements with the Overseers of the Poor, for the purpose of procuring labor and materials in the discharge of his duty aforesaid, as the interest of the city may require.

SEC. 4. Be it further ordained, That all the powers, duties and requisitions declared and defined by this Ordinance, shall be applicable to the Commissioner of Streets now in office, in the same manner as if this Ordinance had been passed prior to his appointment.

[Passed May 19, 1836.]

Accounts appointed.

NUMBER III.

An Ordinance establishing a system of accountability in the expenditures of the City.

SEC. 1. Be it ordained by the City Council of the City Committee of of Salem, that there shall be annually appointed by the City Council, a Joint Standing Committee of Accounts, whose duty it shall be to meet once in a month, and as much oftener as they shall deem expedient. It shall be their duty carefully to examine all accounts, claims and demands against the city, and certify the same to be correct, when found to be so.

the city.

SEC. 2. Be it further ordained, That all accounts and Claims against other claims against the city, for labor done, services performed, or materials of any kind furnished for the use of the city, under the charge, direction or superintendence of the Mayor and Aldermen, or any other officer or officers of the city, or by order of the City Council, or either branch thereof, shall, when presented to said committee, be accompanied with a certificate of the Mayor, the President of the Common Council, or the proper certifying officer of each department, as the case may be, certifying the same

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to be correct; otherwise the same shall not be received, nor
acted upon by said committee.

SEC. 3. Be it further ordained, That said Committee committee to shall keep a book, wherein they shall enter the date and keep a record. amount of each and every claim they shall allow, the

name of the person to whom the same shall be allowed, ty, and designating the fund or appropriation from which the same shall be paid; and they shall, on or before the first Monday in March annually, and whenever requested by the City Council, or either branch thereof, report to the city the whole amount of accounts, claims and demands allowed.

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Reports.

money is to be

SEC. 4. Be it further ordained, That no money shall Manner in which be paid out of the City Treasury, except on orders drawn drawn from the and signed by the Mayor, designating the fund or appro- Treasury. priation from which said orders are to be paid. And the Mayor is hereby authorized to draw orders on the Treasu

40.

rer for the payment of all accounts, claims and demands See Sec. 5, Ord. power allowed by the committee of accounts; and he shall not is Or draw on the Treasurer for the payment of any account, Stret claim or demand, unless the same shall have been allowed by the committee of accounts, nor shall he draw any order for services rendered or materials furnished for any department beyond the sum appropriated by the City Council for the expenses of that department.

SEC. 5. Be it further ordained, That it shall be the du- Treasurer's duty ty of the Treasurer and Collector to collect and receive all rents which may be due to the City, except for the market. house, cellars and appurtenances, and, under the direction of the joint committee on public property, to seal and execute all necessary leases of city land or buildings.

Treasurer to give

SEC. 6. Be it further ordained, That the City Treasurer and Collector shall give bonds with sufficient sureties, to bonds. the satisfaction of the Mayor and Aldermen, for the faithful performance of the duties of the said office of Treasurer and Collector, and that he will truly and justly account for all monies that may come into his hands.

[Passed May 20, 1836.-See Ordinance No. 40.]

201

NUMBER IV.

An Ordinance authorizing the appointment and prescribing the duties of City Marshal.

SECT. 1. Be it ordained by the City Council of the City of Salem, That the Mayor and Aldermen shall forthwith

Appointment of appoint, and shall hereafter annually in the month of May, City Marshal. appoint a City Marshal, who shall receive such compensation for his services as the City Council shall annually direct.

City Marshal to

SEC. 2. Be it further ordained, That said City Marshal be a Constable. shall be appointed to the office of Constable, and he shall have precedence and command over the other Constables, whenever engaged in the same service, or when directed thereto by the Mayor and Alder men. And the said City Marshal, before entering upon the duties of his office, shall be sworn to the faithful performance of its duty, by the Mayor. He shall also give bond in the sum of five hundred dollars, with sufficient sureties to be approved by the Mayor and Aldermen, for the faithful performance of the duties of the said office.

Oath.

Bond.

Deputies and their powers.

Duties of the
City Marshal.

SEC. 3. Be it further ordained, That the City Marshal may employ a Deputy or Deputies not exceeding two, to be approved and appointed by the Mayor and Aldermen, and who shall be selected from the Constables of this city. And the said Deputy or Deputies shall have power and authority to assist the City Marshal in the execution of his office, or on any occasion when the City Marshal is not present, to officiate in his stead. Said Deputies shall receive such reasonable compensation for services rendered, as the City Council may from time to time allow.

SEC. 4. Be it further ordained, That it shall be the duty of the City Marshal from time to time, to pass through the streets and lanes of the City, to observe all nuisances, obstructions and impediments therein, to the end that the same may be removed or prosecuted according to law. It shall also be his duty to receive all complaints against any person or persons for any breach of the laws in relation to this City, or of the ordinances and by-laws of the City; and for that purpose he shall attend daily, at some stated time, in one of the public offices of the city, to be designat ed by the Mayor. It shall also be his duty to enforce and carry into effect to the utmost of his power, all and every of the City Ordinances and By-Laws. He shall obey and execute all the orders and commands of the Mayor and Board of Aldermen in relation to any matter or thing in which the City shall be in any wise concerned or interested. He shall be vigilant to detect the breach of any bylaw or City Ordinance. He shall prosecute all offenders as soon as may be, and attend in behalf of the city the trial of all offences which may be prosecuted; and he shall lay before the Mayor and Aldermen a correct statement of all prosecutions by him instituted in behalf of the city, or in which the city is in any way concerned, within one week after their final determination, respectively.

be Clerk of the

SEC. 5. Be it further ordained, That the City Marshal shall also perform the duties of the office of Clerk of the City Marshal to Market, and shall have the care and superintendence of Marke. the market and market place. It shall be his duty to preserve order therein, and to execute and carry into effect all the ordinances and by-laws that shall be from to time established for the regulation thereof.

collect the rents

&c.

SEC. 6. Be it further ordained, That the rent of the City Marsha! to several stalls, and other parts of the Market House, build- of Market House, ings, place or places, shall be paid to the City Marshal; and it shall be his duty to let or lease the said Market House, Cellars and Stalls, with the approbation of the Mayor and Aldermen, and punctually to collect the rents of the same, and to account for and pay over the same to the City Treasurer, from time to time, when collected, or as often as he may be hereafter required so to do, by any by-law or ordinance, and also to collect, receive, and pay over to the Treasurer, all fines and penalties incurred for violations of the by-laws and ordinances of the city.

[Passed May 12, 1836.]

NUMBER V.

An Ordinance prescribing the manner of recording the
Ordinances of the City.

Ordinances of the city to be

SEC. 1. Be it ordained by the City Council of the City of Salem, That all Ordinances which shall be passed by engrossed, &c. the Mayor and Aldermen and Common Council of said city, shall be engrossed or recorded by the City Clerk in a fair and legible hand without interlineation or erasure, in the order in which they shall pass to be ordained, in a Book to be kept for that purpose, made of strong linen paper, with proper margins and Index, to be lettered, "Record of Ordinances of the City of Salem."

Sec. 2. Be it further ordained, That said Book of Re- Book of Records. cords shall be preserved in the office of the City Clerk, subject to the inspection of the citizens.

[Passed May 19, 1836.]

NUMBER VI.

An Ordinance establishing the Office of City Messenger.

SEC. 1. Be it ordained, by the City Council of the City Appointment of of Salem, That there shall annually be appointed by the City Messenger.