CORNELL UNJVERSITY LIBRARY FROM The University Lll>rary (in exchange) Cornell University LIbrery JS1339.R5 A5 1871 The charier and of«*'"?,5SSS,ii?,l,i!j|lfii|in|ny|ii** olin 3 1924 030 540 136 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030540136 THE CHARTER -AND- o R D I ifsr^ isr CE s OF THE CITY OF RICHMOND, IN FOECE JANUARY 1, 1871, TO WHICH IS ADDED A CATALOGUE OF THE CITY OFFICERS FROM 1845 TO 1870, INCLUSIYE, Witl AMOtations, Court Decisiois, Marginal Notes and Indei. COMPILED BY ■x". "w. BEiisrisrEia'a?, iMr.A.'X'Oie, UNDEE DIRECTION OF E. D. PALMER, JAMES ELDER, AND T. HENRY DAVIS, COMMITTEE ON REVISION. BY AUTHORITY OF THE COMMON COUNCIL- RICHMOND : PRINTED AT THE DBMOCBATIC HEKALD OPFIOB. 1870. /j^f^V36 LIST OF OFFICERS OF THE CITY OF RICHMOND, FROM 1845 TO 1870, INCLUSIVE. 1845. Mayor, John Sailor; Councilmen, Eli Brown, Benj. Strattan, Samuel Pierce, C. G. Cook, J. "W. Gilbert, J. H. Hutton, A. F. Scott, Nathan Morgan; Treasurer, John Suffrins; Assessor, Joshua Harvey; Collector, Samuel Sinix; Marshal, Charles O'Harro; Clerk, W. W. Lynde. 1846. Mayor, John Sailor; Councilmen, S. R. Wiggins, Jesse Meek, W. L, Brady, Richard Estell, James Perry, Jos. W. Gil- bert, A. F. Scott, Sidney Smith; Treasurer, John Suffrins; Assessor, W. S. Addleman; Collector, Richard Burk; Marsh- al, Charles O'Harro; Clerk, Wm. A. Bickle. 1847. Mayor, John Sailor; Councilmen, Benj. Strattan, Ellis Nor- dyke, Lavinus King, Stacy Wilkins, Wm. D. Wilson, Ezra Smith, H. B. Payne, J. J. Conley; Marshal, Charles O'Harro; Assessor, Eli Brown; Collector, W. S. Addleman; Treasurer, E. Coffin; Clerk, W. A. Bickle. 1848. Mayor, John Sailor; Councilmen, John Peterson, Wm. Meek, J. H. Hutton, C. B. Huff, A. F. Scott, S. F. Fletcher, J. J. Con- ley, Jos. Howells; Marshal, Charles O'Harro; Assessor, W. S. Addleman; Collector, Samuel Pierce; Treasurer, John Suff- rins; Clerk, B. W. Davis. 1849. Mayor, John Sailor; Councilmen, S. F. Fletcher, John Pe- terson, J. H. Hutton, C. B. Huff, A. F. Scott, W. W. Lynde, J. J. Conley, Thos. Mason; Marshal, Jacob Keefer; Assessor, 4 OFFICERS OF THE CITY GOVEUNMENT. Samuel Pierce; Collector, H. B. Payne; Treasurer, John Siift- rius; Clerk, B. W. Davis. 1850. Maj'or, John Sailor; Councilmen, S. F. Fletcher, John Pe- terson, C. B. Huff, J. Malsby, A. F. Scott, Peter Crocker, John Finley, Thomas Mason; Assessor, Samuel Pierce; Collector, H. B. Payne; Treasurer, John Suffrins; Marshal, Charles O'Harra; Clerk, B. W. Davis. 1851. Mayor, John Sailor; Councilmen, John Finley, Thomas Benton, J. H. Hutton, C. B. Huff, Sol. Beard, Lewis Burk, Thomas Mason, Wm. Shearon; Assessor, Samuel Pierce; Col- lector, H. B. Payne; Treasurer, John Suffrins; Marshal, Jos. McCoy; Clerk, B. W. Davis. 1852. Mayor, John Finley; Councilmen, C. F. Coflin, S. R. Wig- gins, J. M. Gaar, O. P. Peters, Lewis Burk, J. W. Gilbert, Wm. Shearon, Jas. M. King; Assessor, Samuel Pierce; Collector, H. B. Pavne; Treasurer, John Suffrins; Marshal, L. D. Miller; Clerk, B.-W. Davis. 1853. Mayor, John Finley; Councilmen, C. F. Coffin, S. E. Wig- gins, C. B. Huff, D. P. Graves, Lewis Burk, W. G. Scott, J. J. Conley, Job Borton; Assessor, W. S. Acldleman; Collector, C. R. Williams; Treasurer, John^Suffrins; Marshal, Jos. McCoy; Clerk, B. W. Davis. 1854. Mayor, John Finley; Councilmen, C. F. Colfln, S. R. Wig- gins, C. B. Huff', S. W. Lynde, W G. Scott, Lewis Burk, Jason Ham, T. N. Young; Assessor, D. P. Grave; Collector, Samuel Edmondson; Treasurer, John Suffrins; Marshal, Jos. McCov. Clerk, B. W. Davis. 1855. Mayor, John Finley; Councilmen, J. R. Mendenhall, Thos. Roberts, S. W. Lynde, J. H. Hutton, Lewis Burk, J. M. Starr, W. T. Dennis, J. M. Smith; Assessor, C. B. Huff; Collector, W. P. Benton; Treasurer, John Suffrins; Marshal, J. McCoy; Clerk, B. W. Davis. OFFICERS OP THE CITY GOVERNMENT. 5 1856. Mayor, John Finley; Coun oilmen, S. E. Wiggins, J. M. Poe, H. B. Payne, J. M. Gaar, Lewis Burk, J. H. Hutton, J. B. Straw- bridge, J. M. Smith; Assessor, S. W. Lynde; Collector, C. B. Huff, Treasurer, John Suffrins; Marshal, W. Zimmerman; Clerk, B. W. Davis. 1857. Mayor, John Finley; Councilmen, J. M. Poe, S. E. Wiggins, C. B. Huff, A. Gaar, J. H. Thomas, John Wiggins, J. J. Conley, Jas. M. King; Assessor, W. S. Addleman; Collector, S. Ed- mondson ; Treasurer, John Suffrins ; Marshal, W. Zimmerman ; Clerk, B. W. Davis. 1858. Mayor; John Finlej'; Councilmen, S. E. Wiggins, J. M. Poe, A. Gaar, S. W. Lynde, J. H. Thomas, W. S. Reid, J. M. King, J. M. Smith; Assessor, N. Newport; Collector, C. R. Williams; Treasurer, John Suffrins; Marshal, W. Zimmerman; Clerk, B. W. Davis. 1859. Mayor, John Finley; Councilmen, C. F. Coffin, J. M. Poe, S. W. Lynde, A. Gaar, W. S. Reid, J. P. Siddall, J. J. Conley, J. M. King; Assessor, J. C. Hadley; Collector, C. R. Williams; Treas- ure, S. R. Wiggins; Marshal, W. Zimmerman; Clerk, W. W. Austin. 1860. Mayor, John E'inlev ; Councilmen, C. F. Coffin, J. M. Poe, A. Gaar, H. R. Downing, W. S. Reid, J. M. Gaar, J. M. Smith, Wm. Petchell; Assessor, J. C. Hadley; Collector, C. R. Williams; Treasurer, S. R. Wiggins; Marshal, W. Zimmerman; Clerk, W. W. Austin. 1861. Mayor, John Finley; Councilmen, J. M. Poe, C. F. Coffin, T. McGirr, T. J. Bargis, J. H. Thomas, A. F. Scott, J. J. Conley, J. M. Blanchard; Assessor, W. E. Wilcox; Collector, C. R. Wil- liams; Treasurer, S. R. Wiggins; Marshal, W. Zimmerman; Clerk, W. W. Austin. 1862. Mayor, John Finley; Councilmen, J. M. Poe, C. Leive, T. J. Bargis, T. McGirr, A. P. Scott, J. H. Thomas, J. J. Conley, 6 OFPICEBS OF THE CITY GOVERNMENT. James Smith; Assessor, W. E. Wilcox; Collector, C. R. Wil- liams; Treasurer, S. R. Wiggins; Marshal, W. Zimmerman; Clerk, W. W. Austin. ' 1863. Mayor, John Finley; Councilmen, C. Leive, J. J. Conley, Thos. McGirr, T. J. Bargis, A. F. Scott, J. W. Grubbs, J. J. Jordan, T. N. Young; Assessor, L. M. Baxter; Collector, C. R. Williams; Treasurer, S. R. Wiggins; Marshal, W. Zimmerman; Clerk, W. W. Austin. 1864. Mayor, John Finley; Councilmen, James M. Poe, T. W. Roberts, Jesse Coffin, J. C. Hadley, Ellwood Patterson, A. F. Vaughn, W. L. Taylor, E C. Kelley; Assessor, W. E. Wilcox; Collector, W. P. Wilson; Treasurer, S. R. Wiggins; Marshal, W. Zimmerman ; Clerk, W. W. Austin. 1865. Mayor, John Finley; Councilmen, T. W. Roberts, G. W. Barnes, Jesse Coffin, Abram Earnest, W. S. Reid, H. B. Payne, E. C. Kelley, James Smith ; Assessor, W. E. Wilcox ; Collector, W. P. Wilson; Treasurer, S. R. Wiggins; Marshal W. Zimmerman; Clerk, W. W. Austin. 1866. Mayor, John Finley; Councilmen, G. W. Barnes, E. H. Page, A. Earnest, M. M. Lacy, W. S. Reid, A. F. Scott, Isaac Evans, E. C. Kelley; Assessor, J. W. Thompson; Collector, W. P. Wilson; Treasurer, S. R. Wiggins; Marshal, W. Zimmer- man ; Clerk, P. P. Kirn. 1867. Mayor, John Finley,* [after which, Lewis D. Stubbs]; Coun- cilmen, G. W. Barnes, E. H. Page, A. Earnest, M. M. La- cy, W. S. Reid, A. F. Scott, Isaac Evans, E. C. Kelley; Assess- or, J. W. Thompson; Collector, W. P. Wilson; Treasurer, S.R. Wiggins; Marshal, W. Zimmerman; Clerk, P. P. Kirn. *Mayoi' Einley died December 24, 1866. Special election ordered for January 10, 1867, at which election Lewis D. Stubbs was elected Mayor, and served until May, 1867. OFFICERS OF THE CITY GOVERNMENT. 7 [The New Charter was adopted December, 1866, and the first election under it took place on the first Tuesday of May, 1867. The following officers were elected:] T. N. Young, Mayor. COUNCILMEN : First Ward — James Elder, John Peterson. Second Ward— Thos. McGirr, E. D. Palmer. Third Ward — ^EUwood Patterson and Jesse Coffin. Fourth Ward— Dedrick Meyer, N. L. C. Watt. J. M. Hays, Assessor. W. P. Wilson, Treasurer. W. Zimmerman, Marshal. P. P. Kirn, Clerk. 1868. T. N. Young, Mayor. COUNCILMEN : First Ward — James Elder, John Peterson. Second Ward— Thos. McGirr, E. D. Palmer. Third Ward — EUwood Patterson, Jesse Coffin. Fourth Ward— Dedrick Meyer, N. L. C. Watt. J. M. Hays, Assessor. W. P. Wilson, Treasurer. W. Zimmerman, Marshal. P. P. Kim, Clerk. 1869. T. W. Bennett, Mayor. COUNCILMEN : First Ward — James Elder, John Peterson, Second Ward— E. D. Palmer, A. J. Bell.* Third Ward — EUwood Patterson, Jas. E. Eeeves. Fourth Ward— N. L. T. Watt, T. Henry Davis. Fifth Ward— A. A. Curme, T. W. Eoberts. J. M. Hays, Assessor. W. P. Wilson, Treasurer. W. Zimmerman, Marshal. P. P. Kim, Clerk. OFFICERS OF THE CITY GOVERNMENT. 1870. T. W. Bennett, Mayor. COUNCILMEN : First Ward — James Elder, John Peterson. Second Ward— E. D. Palmer, A. J. Bell.* Third Ward — Elwood Patterson, John M. Gaar. Fourth Ward— N. L. C. Watt, T. Henry Davis. Fifth Ward— A. A. Curme, T. W. Roberts. J. M. Hays, Assessor. W. P. Wilson, Treasurer. W. Zimmerman, Marshal. P. P. Kirn, Clerk. * A. J. Bell resigned July, ISTO, and Fielding Gaar was elected to fill the vacancy. CHARTER OF THE CITY OF RICHMOND. AN ACT to repeal all general laws now in force for the incorpora- tion of cities and to provide for the incorporation of cities, pre- scribing their powers and rights, and the manner in which they shall exercise the same, and to regulate such other matters as per- tain thereto.* [Approved March 14, 1867.] CHAPTER I. Incorporation of Cities. for that pur pose. In case town has three thou sand inhabi- tants. Section 1. Be it enacted by the General Assembly of the On application State of Indiana, That whenever one-third of the voters of the°votei? of any incorporated town, so far as the number can be estimated, incorporated shall petition the Board of Trustees thereof, or Common 33oa?dof Trus- Council of any incorporated city, to be incorporated as a city moncounou'to i^clsr this act, such Board of Trustees, or Common Council, he incorpora- by an Order or resolution to that effect, entered on their or- said'^Boa^d'or =• to each of the clerks of the election, that they will faithfully -jt discharge their duties. After the organization of the board of judges, the inspector may administer all necessary oaths which may be required in the discharge of their duties. Vacancy in Sec. 10. A majority of such board of judges may fill any toiird.howflu- yacancy occurring in the board of judges or office of clerk. Forms ofpou Sec. 11. The board of county commissioners in each coun- turns.*" *>'' ^* their first meeting in every year, shall cause a suitable number of blank forms of poll books, containing one column headed "names of voters," and an additional column headed " number of votes," and, also forms of election returns, with the proper captions, and forms of certificates, to be made out for, and delivered to, each inspector by the sheriff, at least ten days previous to the next election. Ballot boxes. Sec. 12. Such board shall provide a sufficient number of ballot boxes, at the expense of the county, for the several in- spectors, to be kept by them and delivered over to their suc- cessors in ofl3ce. Boxtobecios ^^*^" ^^' Each box shall be provided with a sufficient lock, ed.' ' and shall be locked before the opening of the election, and the kej- delivered to one of the judges, and the box shall not be opened during the election, except in the manner and for the purposes hereinafter provided. . Sec. 14. An opening shall be made in the lid of each box, slide in^ox. sufficient only for a single ballot, with a slide inside to close the same. Sec. 15. [Amended bj- act of March 11, 1867. See post, p. 84.] Opening of Sec. 16. The board of judges, before receiving ballots, poll to be pro- gij^U cause to be proclaimed that such election is opened. Ballots." "f^ Sec. 17. The ballot ticket shall contain, written or printed, the names of the, persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended bj' him to be chosen. Duties of ofli- Sec. 18. When any person ofl'ers to vote, the inspector c^wbenan gjiall pronounce his name in an audible voice, and, if there be m^e. ^° '^ no objection, he shall receive his ballot, and, in the presence of the other judges, put the same, unopened, into the ballot box; when the name of such elector shall be again distinctly repeat- 56 GENERAL ELECTION LAW. Name of voter to be entered Challenges. Oath to per- sons challeng- ed. After taking oath party to vote. Persons con- victed of crime not to vote. When a vote is challenged he- cause of crime. Closing of polls to be proclaim- ed. Count of votes ed by one of the other judges, in the presence of the clerks. Sec 19. The name of each elector, as he votes, shall be en- tered and numbered by such clerk in the column of his poll list headed " names of voters." Sec. 20. Any person offering to vote may be challenged as unqualified by any person entitled to vote at such poll; and, in all cases, the inspector and each judge shall challenge any person offering to vote, whom he shall know or suspect not to be qualified; and to any person so challenged such board shall declare the qualifications of an elector. Sec. 21. If such person insist that he is entitled to vote, and the challenge be not withdrawn, such board shall adminis- ter to Uiiu the following oath: You do swear (or affirm) that you are a citizen of the United States; that you are over the age of twenty-one years, according to the best of your infor- mation and belief: that you have resided in this State during the six months immediately preceding this election; that you are at this time a resident of this township or precinct, (as the case may be); that you are generally known by the name in which you now ask to vote; and that you have not voted at any other poll at this election. And in case of persons of foreign birth, that part of the oath relative to citizenship shall be dispensed wi'h, and the following substituted: That you have resided in tli,e United States one year, and have declared your intention to become a citizen of the United States, in conformity with the laws thereof. Sec 22. If the person challenged take such oath, he shall be admitted to vote, and it shall not be lawful thereafter for said board to examine any witnesses touching his qualifica- tions; but if he refuse to take such oath, they may swear and examine other witnesses. Sec 23. No person who has been convicted of an infamous crime shall be entitled to vote at such election, unless such conviction shall have been legally reversed, or such person shall have been pardoned, and legally restored by such pardon to the rights of an elector, or unless the period of his disfran- chisement shall have expired- Sec 24. If the vote of any person be challenged on the ground that he has been convicted of an infamous crime, or disfranchised, he shall not be required to answer any questions respecting such alleged conviction; nor shall any proof there- of be received other than the record, or a duly authenticated copy thereof, except such proof as may be necessary to estab- lish his identity with the person named in such record, or may be adduced by him to rebut the evidence of identity produced on behalf of the challenge. Sec 25. When the polls, are closed, proclamation thereof shall be made at the place of voting; and no votes shall be af- terwards received. Sec 26. When the polls are closed, or at any time after four o'clock of the afternoon on the day of election, when the judges are at leisure, they may open the ballot box and com- mence counting the votes; when the ballots shall be taken out carefully, one by one, by the inspector, who shall open them GENERAL ELECTION LAW. 57 as he takes them out, and read aloud the name of each jjersou printed or written thereon, and the office for which every such person is voted; he shall then hand the hallot to one of the judges, who shall examine the same, and hand it to the other judge, who shall string it on a thread of twine. Two tickets ^^^' ^'*'" ^^ ^^^ tickets are found purposely folded togeth- foided together er, they shall both be rejected; and if more persons are desig- "' nated on any ticket to any office than are to be elected to such office, such part of the ticket shall not be counted to any of them; but no ticket shall be lost for want of form, if the board of judges can determine, to their satisfaction, the person voted ^ for and^the office intended. WhA not to Sec. '28. No clerk or judge of any election shall vote after m"nt^of votes!" commencing to count the votes; nor publish any statement of the result of their counting, until such election is closed. Sec. 29. [Repealed by act of March 11, 1867. See post, p. 85.] Sec. 30. [Repealed by act of March 11, 1867. SeepoH, p. 85.] Certificate of Sec. 31. When the votes shall be counted, the board of " ^^^" judges shall make out a certificate, under their hands, stating the number of votes each person has received, and designat- j ing the oflflce, which number shall be written in words ; and **-^ such certificate, together with one of the lists of voters, and one of the tally papers, shall be deposited with the inspector, or with one of the judges selected by the board of judges. Board of can- ^^c. 32. The inspector of each township or precinct, or vassers. judge of election, to whom such certificate, poll book and tally papers shall have been delivered, shall constitute a board of canvassers, who shall canvass and estimate the certificates, poll lists and tallj' papers returned bj' each member of said board, for which purpose they shall assemble at the court house ou Thursday next succeeding such election, between the hours of ten A. M., and six oclock P. M. ciiairman and Sec. 33. The members of such board who shall assemble clerk of board, ^t such time and place, shall select one of their number as chairman, and the clerk of the circuit court shall act as their clerk. Proceedings of Sec. 34. Such board, when organized, shall carefully com- board. p^j-e and examine the papers entrusted to them, estimate from them the vote of the county, a statement of which shall be drawn up by the clerk, and shall contain the names of the per- sons voted for, the office, the number of votes given in each township to each person, the number of votes given to each in the county, and' also the aggregate number of votes given, which statement shall be signed by each member of said board and with such certificates, poll books and tally papers, deliver- ed to the clerk, and by him filed in his office, the ^^^- ^^' ^^^^ board shall declare the person having the person" eSted! highest number of votes given for any office to be filled by the *"• voters of a single county duly elected to such office, and cer- tify the same in the statement above required. 58 . GENERAL ELECTION LAW. In case of tie Sec. 36. If two or more persons shall have the highest and an equal number of votes for a single office to be filled by the vo- ters of a single county, such board shall forthwith declare that no person is elected to fill such office, and shall certify the same in their statement; and when filed, the clerk shall certify that fact to the tribunal whose duty it is to supply vacancies in such office, or to issue a writ of election to fill the same, as the case may require. Sec- 37. No tally paper, poll book or eertiflcate, returned Ac-.^to^b^^rf- from any election by the board of judges thereof, shall be re- jected for want jected for want of form, nor for lack of being strictly in ac- °' °^'"' cordance with the directions herein contained, if the same can be satisfactorily understood. Certificate and Sec. 38. "When any person is elected to an office by the vo- commission. ^gj-s of a county, not to be commissioned by the Governor, and such election is not contested, the clerk of the circuit shall, after ten, and within twenty, days from the time the board of canvassers have made their return, make out and de- liver, on demand, to such person, a certificate of his election; and in case where any officer is to be commissioned by the Governor, he shall make out a statement under his hand and the seal of his court, specifying the number of votes given to each person, for each office, and who has been declared elec- ted, and shall transmit the same by mail to the Secretary of State, within the time aforesaid. Certificates, Sec. 39. The certificates, poll books and tally "papers for- Sbe'pMserved! ''warded to the board of canvassers, shall be preserved by the clerk of the circuit court, open to the inspection of any legal voter of the county or district. The other papers and ballots shall be kept by the inspectors for the term of six months, except when such election is contested ; then they shall be pre- served, subject to the order of any court trying such contest, until the same is determined. Commission Sec. 40. No commission shall be withheld by the Govern- held on ao" ^' 01" on account of any defect or informality in the return of any o^nt^o^defect election to the office of the Secretary of State, if it can with reasonable certainty be ascertained from such return what of- fice is intended, and who is entitled to such commission. When two or Sec. 41. When two or more counties compose a district to are'concernei ^Icct a Senator or Representative, the clerks of the circuit court of such counties, on the day next succeeding the return day of such election, shall make out a certificate of votes received by each individiial for Senator or Representative, and deliver the same to the sherifi'. sheriffs when ^^^- ^^- Such sheriffs shall meet on the Wednesday next to meet and following the return day of such election, between the hours weere. ^^ ^^^ ^^^ ^^^ ^^ ^-^^ afternoon, at the court house of the old- est county in such district, where they shall compare the cer- 'tiflcates delivered to them by the clerks, and shall jointly make out and transmit to the person having the highest number of votes for Senator or Representative, a certificate of his elec- tion. The county first organized, or if two or more were or- ganized at the same session, then the county having, by the UENEKAL ELECTION LAW. 59 En case of tie. <3erk to make out certificate and deposit in posto&ce, Secretary of State to com- pare TOtee. To compare votes for con- gressmen, cfcc. Duties of clerk in election for Governor and Lieut. Gov. Auditor of State's last report, the highest number of taxable polls, shall be deemed the oldest. Sec. 43. If in such case any two or more persons shall have the highest and an equal number of votes for the same office, such sheriffs shall certify that fact to the clerk of the circuit court of the county in which such sheriff^ shall have compared such votes, and such clerk shall forthwith certify the same to the Governor. Sec. 44. Clerks of the circuit court on the day succeeding the return day of such election, shall make out in words, certi- fied statements, oflScially sealed, of the number of votes given to each person for Governor and Lieutenant Governor, for Representative in Congress, Judges of the Supreme and Circuit Courts, and Court of Common Pleas, Clerk of the Supreme Court, Reporter of the decisions of the Supreme Court, Prose- cuting Attorneys, Superintendent of Public Instruction, Secre- tary, Auditor and Treasurer of State, and for a Senator and Representative to the General Assembly; and shall deliver the same to some postmaster of the county, to be transmitted lij mail to the Secretary of State, taking from such postmaster and filing, a certificate, setting forth particularly the time when such certified statement was deposited in the post office. Sec. 45. The Secretarj^ of State shall, in the presence of the Governor, compare and estimate the number of votes given for Judges of the Supreme Court, Reporter of the decisions of the Supreme Court, Clerk of the Supreme Court, Secretary, Audi- tor and Treasurer of State, and Superintendent of Public In- struction; and certify to the Governor the person receiving the highest number of votes for suchoflBces; and also compare and estimate the number of votes given forjudges of the Cir- cuit Court, and Judges of the Court of Common Pleas and Prosecuting Attorneys, and to certify to the Governor the per- son having received the highest number of votes in their re- spective district or county; and thereupon the Governor shall transmit by mail to such persons their commissions. Sec. 46. The Secretary of State, as soon as he shall receive such certified statements, shall compare and estimate the votes given for Representativos in Congress, and certify to the Gov- ernor the person having the highest number of votes as duly elected, and the Governor shall give to each of the persons re- turned to him, as aforesaid, a certificate of his election, sealed with the seal, and attested by the Secretary of State. Sec. 47. Each Clerk of the Circuit Court shall, on the day following the return day of an election for Governor and Lieu- tenant Governor, make out, at full length, ^two certified state- ments, under the seal of the court, of the number of votes each candidate received, one of which he shall transmit to the Speak- er of the House of Representatives of the next General Assem- bly, by his Senator or Representative, who shall deliver the same to such Speaker, on or before the second day of the ses- sion; and the other certified statement shallbe transmitted by mail to Indianapolis, directed to said Speaker, and to the care of the Secretary of State, by whom the same shall be delivered to the Speaker, on or before the second daj- of the session. 60 GENERAL ELECTION LAW. Compensation of officers of election. Same. Compensation of returning Judge. Emergency. Sec 48. Each Inspector, Judge and Clerk of any election, held according to the provisions of this act, shall have credit for one day's work on the public roads of his proper road dis- trict, for every day he shall be employed in attending an elec- tion; except that whenever more than three hundred votes are taken at any poll, the board of County Commissioners may make to such Inspector, Judges and Clerks, such additional compensation as shall be just and reasonable. Sec. 49. But in all cases where any Inspector, Judge or Clerk of an election shall not be bound by law to work in person, nor owe road tax on the public roads, said board of County Com- missioners shall allow each such Inspector, Judge or Clerk, seventy-five cents per day for his services. Sec. 50. Such board shall allow each returning Judge or Inspector of an election, a reasonable compensation for his services as such. Sec 51. As this act, in the usual course of publication, will not be circulated in the several counties before the October election, it is hereby declared a case of emergency, and this act shall be in force from and after its passage. AMENDMENT TO GENEEAL ELECTION LAW. Ameuclment of sec. 15, act of 1852. Sec. 15 recited. AN ACT to amend section 15, and to repeal sections 29 and 30 of "An Act regulating general elections, and prescribina; duties of the officers in relation thereto," approved June 7, 1852, and prescribing further duties of the officers of elections. [Approved March 11, 1867.] Sec 1. Be it enacted by the General Assembly of the State of Indiana, That section 15 of "An Act regulating General Elec- tions, and prescribing the Duties of OiHcers.in relation thereto,\ approved Juije 7, 1852, which reads as follows : "Sec. 15, The election shall be opened in the forenoon, between the hours of eight and ten o'clock, and continue open until four o'clock in the afternoon, with an intermission, if the board desire it, of one hour at noon ; after which the board may close the election at any time when all the electors present have voted, or have had an opportunity of voting, or when fifteen minutes have passed with- out a vote having been tendered ; but the poll shall in no case be kept open after six o'clock in the afternoon." be so amended as to read as follows, to-wit : '^fiotion 15 as gj;c. 15. The election shall be opened in the forenoon, between the WhenpoiishaU hours of eight and ten o'clock, and continue open until four o'clock be opened and of the afternoon, after which the board may close the election at any closed. time when all the electors have voted, or had an opportunity of voting, or when fifteen minutes have passed without a vote having been tendered, but the polls shall in no case be kept open after six o'clock in the afternoon. Sees. 29 and 30, act of 1852, re- pealed. Sec. 2. That the sections numbered 29 and 30 of the above recited act be, and the same are hereby repealed. GENERAL ELECTION LAW. 61 wSue1ns°es™on ^^^^ ^- ^hat it shall be the duty of all boards holding elec- imtii votes are tions under this act, to continue in session, at the place of elec- the^'Svdt pro^ ^ion. Until all the votes given at such election have been can- claimed, vassed, and the result publicly announced. Sec. 4 Inasmuch as there is an emergency for the immediate Emergency, taking effect of this act, it is hereby declared that said act shall be in force from and after its passage and publication in the Indianapolis Daily Jow-nal, and the Indianapolis Daily Herald. RBGISTKY LAW. Persons must reside in town- ship, city or ward 20 days before entitled to TOte. Adjonrnment of Board. Ballots to be on plain white pa- per, withont distinguishing mark or embel- lishment ex- cept the name of candidates and offices: all other ballots to be rejected. AjS" act to provide for the registry of voters, and to declare their residence, and to punish fraudulent practices touching elections, and defining the duties of certain officers therein named, and the form of the ballots, and providing compensation for the services of such officers. [Approved March 11, 1867.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That no person shall be deemed to have acquired a residence in any township, city or ward, so as to entitle him to vote therein, until he shall have been a bonaflde inhabitant of such township, citj' or ward, at least twenty (20) days before the day of election at which such person shall offer to vote. Sec, 2. [Repealed by Act of 1869, p. 58 ; see post 86.] Sec. 3. [Repealed by Act of 1869, p. 58.1 Sec. 4. [Repealed by Act of 1869, p. 58.' Sec. 5. [Repealed by Act of 1869, p. 58.' Sec. 6. [Repealed by Act of 1869, p. 58." Sec. 7. [Repealed by Act of 1869, p. 58.' Sec. 8. [Repealed by Act of 1869, p. 58.' Sec. 9. [Repealed by Act of 1869, p. 58.' Sec. 10. [Repealed by Act of 1869, p. 58.' Sec. 11. [Repealed by Act of 186S, p. 58." Sec. 12. [Repealed by Act of 1869, p. 58.' Sec. 12. [Repealed by Act of 1869, p. 58.' Sec. 14. [Repealed by Act of 1869, p. 58.' Sec. 15. [Repealed by Act of 1869, p. 58.' Sec. 16. [Repealed by Act of 1869, p. 58.' Sec. 17. [Repealed by Act of 1869, p. 58.] Sec. 18. After the opening of the polls at any election in this State, no adjournment shall be had, nor any recess taken, until all the votes cast at such election shall have been counted, and the result publicly announced. Sec. 19. [Repealed by Act of 1869, p. 58." Sec, 20. [Repealed by Act of 1869, p. 58.' Sec. 21. [Repealed by Act of 1869, p. 58.' Sec. 22. [Repealed by Act of 1869, p. 58.] Sec. 23. That all ballots which may be cast at any election hereafter held in this State, shall be written or printed on plain white paper, without any distinguishing mark or other embel- lishment thereon, except the names of the candidates and the offices for which they are voted for, and inspectors shall refuse 62 GENEEAL ELECTION LAW. yotermaj- all ballots offered of any other description : Provided, Nothing o™thJbaok"of herein contained shall disqualify the voter from writing his ticket. own name on the back thereof. Sec. 24 That whereas frauds have been practiced upon the Emergencj-. ballot box, to prevent the same, and to secure to the people of this State a fair expression of their wishes, at all elections, at the earliest practicable time, an emergency is hereby declared to exist, and tliis act is declared to be in force from and after its passage. AMENDMENTS TO EEGISTRY LAW. AN ACT repealing sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven- teen, nineteen, twenty, twenty-one and twenty-two of an act enti- tled "An Act to provide for the registry of voters, and to declare their residence, and to punish fraudulent practices touching elec- tions, and defining the duties of certain ofllcers therein named, and the form of the ballots, and providing for the compensation for the services of such officers," approved March 11, 1867, and prescribing further duties of the officers of elections, and providing for the appointment of the necessary officers and clerks|for holding such elections. [Approved May 13, 1869.] tions^of the^act SECTION 1. Be it enacted by the General Assembly of the State of March 11, of Indiana, That sections two, three, four, five, six, seven, 1861, repealed, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, six- teen, nineteen, twenty-one and twenty-two of an act entitled "An Act to provide for the registry of voters, and to declare their residence, and to punish fraudulent practices touching elections, and defining the duties of certain oflScers therein named, and the form of the ballots, and providing compensa- tion for the services of such officers," approved March 11, 1867, be, and the same are hereby repealed. e°eSnf shall ^^^- 2- I* shall be the duty of the inspector of any election have ballots held in the State, on receiving the ballot of any voter, to have ''""'' the same numbered with figures on the outside or back thereof, to correspond with the number placed opposite the name of such voter on the poll list kept by the clerks of said election, teetobemspec- Sec. 3. The Township Trustee shall, by virtue of his office, :iion. bg inspector of elections of such township, and shall designate the place where elections shall be held in their respective town- judgesof eiec- gi^ipg. and shall, prior to the opening of the polls at any pre- cinct, appoint two freeholders,, qualified voters of such precinct, judges of such election, such judges being members of differ- seieotion from ent political parties; and when so appointed, said judges, to- fiS%™ties."'" gether with the inspector, shall constitute a Board of Election: Provided, There are different political parties in such town- Persons havinS ^^iP O'^" precinct: And further provided. That such appoint- bet on eiectio^ ment shall be made from the political parties casting the high- Boaia^"' "' ""^ ^®* number of votes in such township or precinct: Provided, further, That no person shall be eligible to sit on any Board of Election who has any money, property or other valuable thing • bet ar wagered on the result of any such election. nnmbered. Township trns teeto be inspec tor of election, GENERAL ELECTION LAW. 63 commissfonere ^*^'^- ■*■ "^'^^^ Board of County Commissioners of the proper may designate county, may designate one or more places of holding elections eiertionsffoim ^^ ^^Y township, or form precincts of two or more townships, precincts', ap- when public convenience requires it. And in case such Com- pomt mspec- .. tut. ^ i «... torsandflii va- missioners shall designate more places of voting in any town- cancies. g^ip^ or form a precinct of two or more townships, they shall at the June term of said Board of County Commissioners preceding any election, appoint some freeholder, who shall be Inspector shall a qualified voter of such precinct, to act as inspector thereof, appoin jn gei>, ^^^ ^^^ ^^ ^^^ general or special session, fill any vacancy that may have occurred; and such inspector shall, previously to the time of opening the elections at any precinct, appoint two freeholders, qualified voters of such precinct, judges of such Judgesef eiec- election, such judges to be selected from different political tion to be se- i- ^i ^ T ■ i ... i lected from dif parties, SO that each party may have a representative on such pSes^&c"^*' ^°*''^°^^^®^*'o"- Provided, There are different political par- ties in such precinct, and such appointments shall be made from the two political parties casting the highest number of votes in such township or precinct; and such judges, together with such Inspector, shall constitute a Board of Election, simii he^tv-' ^^'^' ^' ^^^^ Board of Election shall appoint two clerks, one pointed from from each political pai'ty, so that each party may have a clerk icafparties'^&e ^^ ^^^^^ election, which clerks shall be residents and voters in such township or precinct : Provided, There are different parties in such township and Y>recmct:^ And further provided. That such appointments shall be made from the two political parties casting the highest number of votes in such township or precinct. Challenges of Sec. 6. Any person offering to vote may be challenged by any voters. voter in such township, precinct or ward (as the case may be,) and if the person so challenged insists upon voting, and the challenge be not withdrawn, said Board of Election, or some member thereof, shall administer to him the following oath: Form of oath "You do swear or affirm, (as the case may be,) that you are a tered to™'oter ^^^^'^^^ ^^^ t^6 United States; that you are over twenty -one years challenged and of age, to the best of your information : that you have been a bona BuiJisteredf " ^^^ resident of this State for six months immediately preceding this election, and that you are now and have been for twenty daj's, a resident of the township, precinct, ward,(as the case may be;) that you are generally known by the name in which you now desire to vote; that you have not voted nor [and] will not vote at any other precinct, township or ward (as the case may S"^Sse°a per- ^^^ ^^ ^^^^ election." And in case of persons of foreign birth, sra is of for- the Oath relative to citizenship shall be dispensed with, and the eign birth. following words used in lieu thereof: "That you have resided in the United States one year, and have declared your intention to become a citizen thereof in conformity with the laws thereof." And in addition to such oath ot such person proposing to vote, the following oath or affirmation of some freeholder, who is a Oath or affirm- resident and voter of such township, precinct or ward (as the hoid"r°^shaU^" case may be,) in which the challenged person asks to vote, shall also be requi- be required: "You do swear or affirm (as the case may be) that ^^ you are a freeholder, owning real estate in your own right, held by deed in your own name; and that said real estate is situated 64 GENERAL ELECTION LAW. in this election precinct, and that , who now desires to vote, has resided in this State for six months immediately pre- ceding this election, and has been a bona fide resident of this Oath shall be precinct for twenty days past," which oath shall be written or ^Vnted and Panted, ai-d shall be signed by the person making such oath, in signed. the presence of such Board of Elections; which oath shall be administered by some member thereof, who shall aflSx his jurat thereto, which affidavits shall be attached to and be returned with the poll list to the office of the County Clerk. Inspectors and Sec. 7. The Common Council of any city, or the Trustees of iimf shau ^be"" ^^^ town, shall appoint three freeholders, qualified voters in appointed from each ward, one to act as inspector, and two as judges of elec- icai^Mt^s.' " tions, said judges to be appointed, one from each of the two po- litical parties casting the highest number of votes in such ward, so that each of said political parties may have a representative on such Board : Provided, There are different political parties in such ward; and the persons thus appointed shall choose two clerks of such election, one from each of the political parties casting the highest number of votes in such ward : Provided, There are different political parties in such ward. Penalty for vi- Sec. 8. If any member or officer of such Board of Election pr^fsfon"of ^"^^^ wilfully violate any of the provisions of this act, or be this act. guilty of any fraud in the execution of the duties of his office, he shall be deemed guilty of felony, and be punished for each . and every offense by imprisonment in the State prison for not less than one year, ciaiise?'"^ Sec. 9. That all laws or parts of laws coming in conflict with the provisions of this act, are hereby repealed. Emergeuoj'. Sec. 10. Whereas an emergency exists for the immediate taking effect of this act, therefore the same shall be in force from and after its passage. GENERAL ORDINANCES or THE CITY OF RICHMOND, IND, IN FORCE JANUARY 1, 1871. BOUNDARY OF THE CITY. Boundary lines Construction. Enacting. AN ORDINAlirCE defining the boundaries of tlie City of Eicli- mond. [Ordained August 23, 1870.] Sec. 1. Be it ordained hy the Common Council of the Cii)i of Richmond: That the City of Eichmond is bounded as fol- lows, to-wit: Beginning at a point at the North East corner of the Western abutment of thc/Bridge across White Water Eiv- er, on the National Eoad, or Wayne County Turnpike, running thence up said Eiver on the West bank thereof to the mouth of the West Fork, or Newman's Creek, thence across the mouth of said West Fork, or Newman's Creek, and still further up along the North and West bank of said White Water Eiver, to a point on the North and South line dividing Section 33, in Township 14, of Eange 1 West; thence South along said line to the South side of the track of the Little Miami Eailroad; thence East along the south side of said Eailroad track, to a point where the centre of 16th street, in said Citj', extended, would strike or intersect said Eailroad track; thence South along the centre of said street extended, to the centre of the National Eoad, or Wayne County Turnpike; thence West along the centre of said Eoad or Turnpike, to a point where the North and South line dividing Section 4, in Township 13 of Eange 1 West strikes or intersects said Eoad or Turnpike; thence South along said dividing line through the centre of said Section, to south line of said section, thence West along the line dividing Sections 4 and 5, and Section 8 and 9 in Township 13, of Eange 1 West, to a point where said line strikes or inter- sects the West bank of Whitewater; thence up the west bank of said river to the place of beginning: the same being in the County of Wayne and State of Indiana. Sec. 2. And in all ordinances of said City of Eichmond heretofore passed, or hereafter to be passed, where the word "City" shall or does occur, the same shall be taken and con- strued to mean and apply to the space and area included with- in the boundaries above described, and to such additions there- to, and extensions thereof, as may be legally made at any time hereafter. Sec. 3. This ordinance to be in force from and after its pas- sage. BOUNDARIES OF WARDS, First Ward. Second Ward. Third Ward. Fourth Ward. Fifth Ward. Enacting clause. AX OEDIKAJFCE describing the boundaries of the several Wards of the City of Richmond. [Ordained August 23, 1870.J Sec. 1. -Be it ordained qy the Common Council of the City of Richmond, That the several Wards of said City are bound- ed and described as follows, to-wit: First Ward: All that part of the City bounded on the North hj Main Street, on the East by Marion Street, to South Street; thence on the North by South Street to High Street; thence on the East by High Street; on the South by the Cor- poration line, and on the West by White Water River. Second Ward : All that part of the City bounded on the South by Main Street; on the East by Marion Street to Fort Wayne Avenue ; thence by Fort Wayne Avenue and the New- port Turnpike road; and on the North and West by the Cor- poration line. Third Ward: All that part of the City bounded on the South by Main Street ; on the West by Marion Street, to Fort Wayne Avenue; thence by Fort Wayne Avenue, and on the East by Seventh Street. Fourth Ward : All that part of the City bounded on the North by Main Street; on the West by Marion Street to South Street; thence on the South by South Street to High Street to the Corporation line; and on the South and East by the Cor- poration line. Fifth Ward: All that part of the City bounded on the South by Main Street; on the West by Seventh Street, and the Newport Turnpike road; and on the North and East by the Corporation Line. Provided, that each of said Wards shall be extended to the centre of the streets bounding the same. Sec. 2. This ordinance shall repeal all ordinances in con- flict herewith, and shall be in full force and effect from and af- ter its passage. Passed and approved August 23, 1870. attest : PETER P. KIRN, City Clerk. CRIMES AND MISDEMEANORS. Disorderly conduct Disorderly houses. Disorderly sa- loons. latoxicatlon. AN OEDiNANCF to preserve peace and good order, to prevent vice and immoralitj*-, to define certain crimes and misdemeanors, and prescribe tlie punisliment thereof. [Okdained August 23, 1870.] Sec. 1. Be it ordained by the Common Council of the City of liichmond: That if any person shall disturb the peace and good order of said City, or of any of the inhabitants thereof, by making an3' loud, unusual, or unnecessary noise, or by cry- ing fire without good cause, or shall commit any riotous or dis- orderly conduct, or behaviour, or shall wrangle, quarrel, fight, or challenge, or attempt to provoke others to wrangle, quarrel, or fight, or shall use anyabusive, or indecent language, mena- ces, or threats of violence, within the limits of said City, or within one mile thereof, such person so off'ending shall be deem- ed guilty of disorderly conduct, and upon conviction before the Mayor, shall be fined in any sum not exceeding twenty-five dol- lars. Sec. 2. If any person occupying, or having control in any house, or in a part of any house within the limits of this City, or within two miles thereof, shall hold, permit, or allow any carnivals or dances, for idle and disolute 'company; or shall make, cause to be made, permit or allow, within or about his or her premises, any noise, disorder, tumult or disturbance, calcu- lated to disturb the peace and good order of this City, or to an- noy any person residing in the immediate neighborhood there- or, any such person so offending, shall on conviction thereof before the Mayor, be fined in any sum not less than one nor more than twenty-five dollars. Sec. 3. If any person shall permit, or allow any noise, or disorderly conduct in or about his or her grocery, or other es- tablishment existing within the limits of this city, or within two miles thereof, and wherein distilled, fermented, or any in- toxicating liquors are sold or kept for sale, or for being given away, or shall permit or allow any person to become intoxicated therein, every such person so offending, shall, on conviction before the Mayor, be fined in any sum not less than five, nor more than one hundred dollars. Sec. 4. If any person shall appear in any public part of thts City, or in any place of public resort or amusement there- in, or within two miles thereof, in a state of intoxication, every such person so offending shall on conviction before the Mayor, be fined in any sum not less than one nor more than twenty- five dollars. 70 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Desecrating Sabbath. Obscene publi cations. Fublie inde- cency. Exhibitin^r stallion. Bathing. Prostitutes. Besiding in brothels. Sec. 5. If any person shall on the first daj-^ of the week, commonly called Sunday, within any common, street, lane, or alley, within the limits of this City, pitch quoits or coins, or shaU play at cricket, bandy cat, base or town ball, or any other public game or amusement, every such person so offending, shall, on conviction before the Mayor, be fined in any sum not less than one, nor more than ten dollars. Sec. 6 If any person or persons shall within the limits of this City, or within two miles thereof, make, paint, print, pub- lish, engrave or cause the same to be done, or shall sell, offer or exhibit for sale, or any other purpose, or shall cause the same to be done, any indecent, immodest, or lascivious book, pamphlet, paper or picture, containing any matter or representation which shall have a tendency to create a breach of the peace, or dis- turb the good order of this City, every person so offending shall, on conviction before the Mayor, be fined in any sum not less than five nor more than fifty dollars. Sec 7. If any.person shall within the limits of this Citj', or within two miles thereof, publicly expose his or her person, or perpetrate any indecent, immodest, lewd' or filthy act, in the presence of any other person, or in such a situation that per- sons passing or re-passing might ordinarily see the same, or shall utter or speak any bawd^', lewed or obscene word, or dis- course, within the hearing of any other person, or shall exhibit any obscene print, painting or engraving, or representation of any kind whatsoever, every person so offending shall, on con- viction before the Mayor, be fined in any sum not less than five, nor more than fifty dollars. Sec. 8. If any person shall within the limits of this Citj', publicly exhibit any Stallion, Jack or Bull, or cause the same to be done, except in passing along the streets, in an orderly manner, or shall permit, cause or suffer any such animal public- ly to cover any mare. Jennet or Cow, therein, every such per- son so offending, shall, on conviction before the Mayor, be fined in any sum not less than one, nor more than twenty dollars. Sec 9. If any person over the age of twelve years, and be- ing naked at the time, shall, in the day time, bathe in White Water River, at any point within or adjacent to, opposite or near the limits of this City, subject to the view of any of the inhabitants thereof, every person so offending shall, on convic- tion before the Mayor, be fined in any sum not less than one, nor more than five dollars. Sec. 10. If any prostitute shall be found wandering about any of the streets, lanes, alleys, commons or lots, within the limits of this City, or within two miles thereof, or in any pub- lic act of prostitution, within said limits, every such prostitute so offending, shall, on conviction before the Mayor, be fined in any sum not less than five, nor more than fifty dollars; or be imprisoned in the City prison or County jail, not exceeding thirty days. Sec 11. If any female person shall reside in any brothel, or house of ill-fame, within the limits of this City, or within two miles thereof, or shall resort thereto for the purpose of prostitution, or shall prostitute herself, or use any indecent CKIMES AND MISDEMEANOKS. 71 Use indecent language. Associating with prosti- tntes. Being found in houses of ill fitme. Associating with prosti- tutes. Kesiding in a brothel. Resorting to brothels. Seeping broth- el. SnfCering per- sons to resort there. Harboring prostitntes. Renting houses to be used for prostitution. and lascivious language, jesture or behaviour, to entice persons therein for any of the aforesaid purposes, every such female person, so offending, shall, on conviction before the Mayor, be fined in any sum not less than five, nor more than fifty dollars; and may, in the discretion of the Mayor, be imprisoned not more than thirty days. Sec. 12. If any male person over the age of fourteen years, shall be found, within the limits of this City, associating with any prostitute, in any public place, street, alley, lane, common, market-house, bam or stable, or who shall be found in any house of ill-fame, not being an owner or occupant thereof, and all persons found therein, not being occupants thereof, shall be deemed to have been there for purposes of prostitution and whoredom, unless they prove they were there for a lawful pur- pose, shall, on conviction before the Mayor, be fined in any sum not less than five, nor more than fifty dollars. Sec. 13. If two or more male persons shall be found together, with any prostitute, or if three or more lewd, drunken or disor- derly persons be found together, within the limits of the city, or within two miles thereof, they shall, in either case, be deemed an unlawful assembly, and such persons so offending shall, on conviction before the Mayor, each be fined in any sum not less than five nor more than fifty dollars. Sec. 14. If any male person of the age of fourteen years or over, shall reside in any brothel or house of ill fame, within the limits of this city, or within two miles thereof, or shall re- sort thereto in the character of musician, boarder, lodger, servant, or otherwise, or for the purpose ot assisting, abetting, or encouraging the owner or keeper of any such house, or the females who reside therein, or resort thereto for the gratifica- tion or the prosecution of their lewd and lascivious practices, every person so offending shall, on conviction before the Mayor, be fined in any sum not less than five nor more than fifty dollars. Sec. 15. If any person shall keep any brothel or house of ill fame within the limits of this city, or within two miles there- of, by keeping therein any person or persons, for the purpose of prostitution, or shall suffer any such persons to resort there- to for that purpose, every such person so offending shall, on conviction before the Mayor, be fined in any sum not less than five nor more than one hundred dollars, and may, in the discre- tion of the Mayor, be imprisoned for not more than thirty days. Sec. 16, If any person or persons shall harbor or keep about his or her house, within the limits of this city,or within two miles thereof, any lewd and dissolute woman, or common strumpet, (and permit her to follow a lewd course of life, every such per- son so offending shall, on conviction before the Mayor, be fined in any sum not less than five nor more than fifty dollars. Sec. 17. Any person being the owner or occupant of, or being the agent for renting any building or real estate in said city, or within two miles thereof, and knowingly renting the same to be used as a house of ill fame or prostitution, shall be fined in any sum not less than twenty-five nor more than fifty dollars. 72 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Notice of sueh fact. Allowingliouse to be used for gambling. Confidence games. Gambling hou- ses. Visiting gam- bling houses. Burglar tools. Suffering mi- nors to play billiards. Proof that such occupant, owner or agent, was apprised before renting, of the previous ill repute of the lessee or lessees, or was apprised they had previously kept or occupied a house of ill fame, shall he prima facia eeidence of knowledge and unlaw- ful intention. If such owner, occupant or agent, upon written notification, by two responsible citizens or oflScers of said city, shall fail, neglect or refuse to take legal steps within three days after such notification, to eject any person or persons who shall use or permit such premises to be used for purposes of prosti- tution, or as a house of ill fame, he or they shall, upon convic- tion, be fined in any sum not exceeding fifty dollars. Sec. 18. It shall be unlawful for any owner or occupant of, or agent for renting any building or real estate in said city, or within two miles thereof, to knowingly sufl"er the same to be used or occupied for the purpose of gaming for money, its rep- resentative or equivalent. Any person violating the provisions hereof, shall be fined in any sum not exceeding fifty dollars. Sec 19. It shall be unlawful for any person within said city, or within one mile thereof, by the practice of any trick, game or device whatever, or by means of any false or fraudulent to- ken, representation, writing, or any false pretence, to defraud of, or obtain from, or attempt to defraud or obtain from arfoth- er, any money or thing of value : and any person, upon convic- tion thereof, shall be fined in any sum not less than ten nor more than one hundred dollars, to which may be added impris- onment not exceeding thirty days. Sec. 20. It shall be unlawful for any person within said city, or one mile thereof, to keep or maintain an establishment for the purpose of gaming or wagering on any game of chance, money, its equivalent or representative, or for any person to visit any such establishment for the purpose of gaming. All persons found therein shall be deemed to have visited the same for the purpose of gaming, unless they prove that they were there for a lawful purpose. Any person violating the provis-^ ions hereof, shall be fined in any sum not exceeding fifty dol- lars, to which may be added imprisonment not exceeding thirty days. Sec. 21 Any person who shall be found having in his pos- session any skeleton keys, out-siders, dark-lantern's or other instruments designed or commonly used for burglarious pur- poses, shall upon conviction before the Mayor, be fined in any sum not exceeding twenty-five dollars, to which may be added imprisonment in the County jail for any period of .time not ex- ceeding thirty days, unless such person had possession of the same for some lawful purpose ; Provided, that upon the trial of . such person it shall be presumed that he had such possession for unlawful purposes, and it shall devolve upon him to show on said trial, that he had the same for a lawful purpose. Sec. 22. That it shall be unlawful for any person or per- sons, owning, controlling or attending to any billiard room, or billiard table, to permit, suffer or allow any person under the age of twenty-one years, to play or play at any game of bil- liards or other game, after having been notified by the parent or guardian of any such person, that he or she is unwilling CRIMES AND MISDKMEANOES. 73 Forcible entry and detainer. Trespass. Velocipedes. Purchasing - metals of mi nors. Petroleum. Fast driving Unhitched teams. Kunaway teams that such minor shall play, or play at such game. Every per- son violating the provisions of this Section, shall, upon con- viction before the Mayor, be fined in anv sum not exceeding twenty-flve dollars. Sec. 23. That every person who shall enter into, or take possession of any house, or any part thereof within said City, the property of another, without the consent of the owner or agent thereof, and who shall fail or refuse to vacate the same promptly after being notified so to do, shall be deemed guilty of a trespass, and upon conviction shall be fined in any sum not excpeding twentj'-flve dollars. Sec. 24. Tnat every person who shall enter upon the pre- mises of another, for the purpose of taking without leave from the owner, any fruit, or vegetables, or for the pui-pose or inten- tion of injuring in any way any fruit or shade tree, vine or shrubbery, shall, upon conviction before the Mayor, be fined in any sum not exceeding twenty-flve dollars. Sec. 25. That if any person shall run or ride a velocipede along, or upon any of the sidewalks, or .pavements within the limits of this City, every such person shall, upon conviction thereof before the Mayor, be fined in any sum not less than one, nor more than twenty dollars. Sec. 26. No person shall, within the limits of this City, di- rectly or indirectly, purchase or receive by way of barter or ex- change, any metals of any kind, whatever, from any person under the age of fifteen years, and any person convicted theeof, shall be fined in any sum not exceeding twenty dollars. Sec. 27. That any person qr persons, who shall knowingly keep, suflTer, permit or allow any Petroleum, Coal Oil or Ben- zine to be kept in any building, or in anj- premises in this City, in any quantity greater than five barrel*, shall, on conviction before the Mayor, be fined in any sum not less than ten, nor more than fifty dollars. Sec. 28. That if any person shall ride, drive or cause the same to be done, any horse or other animal, or more than one of such animals, or shall drive any vehicle drawn by such ani- mal or animals, along any street, lane or alley, market space or common, within the limits of this citj-, at a rate faster than seven miles per hour, or in such a manner as to endanger the person or property of any person, eveiy person so offending shall, upon conviction before the Maj'or, be fined in any sum not less than one, nor more than twenty dollars. Sec. 29. If any person shall leave any horse or other animal, or more than one of such animals attached to any vehicle, to stand in any street, lane, alley, common or lot, within the lim- its of this city, without having first unhitched such animal or animals from such vehicle, or make it or them secure by some proper fastening, every person so offending shall, on conviction before the Mayor, be fined in any sum not less than one nor more than twenty dollars. Sec. 30. If any person having charge of any team, or any horse or other animal, or more than one of such animals at- tached to any vehicle, shall negligently suffer, allow or permit the same to run away, or go at large in anj- street, lane, alley. 74 GENEKAI. ORDINANANCES OF THE CITY OF RICHMOND. common or other highway within the limits of this city, every person so offending shall, on conviction, before the Mayor, be fined in any sum not less than one nor more than twenty dol- lars. Firing guns. Sec. 31. If any person or persons shall fire any cannon, gun, or pis' ol, within the limits of this city, except by permission of the City Council, every person so offending shall, on convic- tion before the Mayor, be fined in any sum not less than one nor more than twenty dollars: Provided, That the above pen- Proviso, altyfor such shooting or firing shall not attach to military companies while performing military duty, or to any police or other public oflScer in the lawful discharge of his duty, in pur- suance of any ordinance, or any law of the State of Indiana, or to any person or persons in a proper situation for firing salutes, where the firing of such salutes will not injure or damage the person or property of any person, or to any person who shall fire any gun or pistol in or upon his own lot or premises where the ball or shot shaiU not pass beyond the limits of such lot or premises, or when such gun or pistol is fired in defence of life or property, or when attacked by some vicious animal. Sec. 32. If any person shall fly a kite, throw a stone or stones, strS.^ '"** o^ any missile, or play at any game of ball, roll hoop, or engage in any game of sport, in any of the streets, lanes or alleys within the limits of this city, or in any common or lot within such lim- its, where the same may be calculated to frighten horses, and thereby endanger persons or property, everj' person so offend- ing shall, on conviction before the Mayor, be fined in any sum not less than one nor more than ten dollars. Disturbing Sec. 33. That any person or persons who shall make any meetings. joud or boisterous noise, by hallooing, stamping, clapping of hands, whistling or any other unusual noise, to the disturbance of any public meeting, gathering, or assembly of the inhabi- tants of said city, in any hall, church, place of amusement, or other public place within said city, or within one mile of the limits thereof, shall, on conviction, he fined in any sum not ex- ceeding twenty-five dollars. Vagrancy. Sec. 34. That if any person or persons, shall be found with- in the limits of said City, or within one mile of the limits there- of, loitering about saloons, or wandering about the streets, al- leys, lanes or commons, by day or night, without having any known place of residence, or any visible means of support, and not being able to give a satisfactory account of themselves, shall, upon conviction thereof, be fined not less than one, nor more than twenty dollars, and in addition thereto may be im- prisoned at the discretion of the Mayor, for any period not ex- 1 ceeding thirty days. Sec. 35. That any person who shall, by beating, cutting, bruising, maiming or wounding, or in any other manner, cruel- SSs^*^ '° ""'' ly maltreat any horse, mare or gelding, any bull, cow, steer or heifer, any ass, mule, or any other animal, within this City, up- on conviction thereof before the Mayor, shall be fined in any sum not less than three dollars, nor more than twenty -five dol- lars. CRIMES AND MISDEMEANORS. 75 Provoking. Assault and battery. Concealed weapous. Resisting ficer. of- Refusing to as- sist officer. Personating officer. Destroying property. Congregating on public grounds. Sec. 36. That every person who shall, within this City, by provoking, or insulting epithets, words or gestures, attempt to provoke a quarrel, or who shall, by gesture or language, insult and provoke another, shall, upon conviction thereof, be fined in any sum not exceeding twenty dollars. Sec. 37. That any person who shall, within this City, in a rude, angry or insulting manner, touch, strike or beat another, shall, upon conviction thereof, be fined in any sum not exceed- ing one hundred dollars. Sec. 38. That it shall be unlawful for any jDerson, within this City, other than a traveler, to carry or wear, concealed about his person, any dirk, bowie knife, dagger, sword in cane, brass, or other metal knucks, slung shots, or any other danger- ous or deadly weapons, or to carr}- such weapons openly with the intent or avowed purpose of injuring his fellow man. Any person violating the provisions hereof, shall be fined in any sum not exceeding one hundred dollars. Sec. 39. If any person shall resist, or in any manner inter- fere with the City Marshal, or any member of the Police force, in the lawful discharge of his or their dutj'^, every person so of- fending shall, on conviction before the Mayor, be fined in any sum not less than one, nor more than twenty -five dollars. Sec. 40. If the Chief, or any member of the Police force of said City, shall be resisted by any person in the lawful discharge of his duty, he shall have the power to call to his aid, and com- mand the assistance of any bystander, or other person in the vicinity, and it shall be the duty of such bystander, or other person to render the aid and assistance required by such oflScer ; and if any such bystander or other person shall refuse, or neg- lect to render such aid and assistance, as may be required by such officer, every person so offending, shall, on conviction thereof before the Mayor, be fined in any sum not less than one, nor more than twenty dollars. Sec. 41. Any person who shall personate, or attempt to personate the Mayor, or any Police officer, or shall without proper authority or cause, use any of the badges, signals, or devices of a Police officer, or shall attempt to perform any of the duties of a Police officer, without proper authority, shall, upon conviction before the Mayor, be fined in any sum not ex- ceeding twenty-five dollars. Sec. 42. That if any person or persons, shall cut, mar, in- jure, deface, spoil, break or destroy, any fence, monument, rail- ing, tombstone, gravestone, house, building, church, curbing, corner stones, trees, shrubbery, plants, or other property or fix- tures, the property of said City, or of any private individuals, or of any religious or benevolent society, situated within said City, the public market, or streets, or upon any church lot or lots, burying grounds, or graveyards, within said City, or with- in two miles of the limitslihereof, or shall meet or congregate thereon for the purpose of playing ball, or any other ath- letic exercise; or shall play any other game thereon, or shall there congregate for the purpose of idleness, by which the grass, herbage, trees, plants or shrubbery shall be trodden down, broken, spoiled or injured, for each and every offence in this 76 GENERAL ORDINANANCES OF THE CITY OP RICHMOND. Leaving open gates. Injuring pris- on. Unwholesome meats. Enticing mi- nors to gam- ble. Tearing down advertisement. Loafing. Injuring en- gine hose. Discounting City paper. Section mentioned, such person or persons, for the violation and upon conYiction thereof, shall pay a fine not exceeding twenty dollars. Sec. 43. That if any person or persons, shall leave open any gate, door, or fastening of any of the above named public grounds, without immediately closing the same, shall, upon conviction thereof, pay a fine not exceeding twenty dollars. Sec. 44. Any person who shall aid any prisoner who is con- fined in the City prison, to escape therefrom, or in any way to injure said prison, or any part thereof, shall, upon conviction thereof, be fined not more than fifty dollars. Sec. 45. That if any butcher or other person shall, know- ingljj^, within the limits of this City, sell any unwholesome flesh of a deceased animal, or other unwholesome provision, he or she shall, upon copviction thereof, be fined in any sum not ex- ceeding fifty dollars. Sec. 46. That if any persQn shall, within this City, by any device or pretence, entice or tempt and prevail upon, or cause any minor to engage with such person, or with any other per- son or persons, in any game whatsoever for any sum of money, or property of value, or shall make any bet or wager with such minor, or cause it to be done, upon the result of any game, every such person shall, on conviction thereof, be deemed guilty of a misdemeanor, and fined in any sum not more than fifty dollars, to which may be added imprisonment not exceeding thirty days. Sec. 47. That if any person shall, within the limits of this City, intentionally deface, obliterate, or tear down or destroy, in whole or in part, any copy or transcript of, or extract from any law of the United States, or of the State of Indiana, or of any City ordinance, or any proclamation, publication, advertisement or notification whatsoever, set up in any public place, within this City, for the public information of any citizen, by the au- thority of any law or act of this State; or by City authority, or by any private individual, such person shall, on conviction thereof, be fined in any sum not exceeding twenty-five dollars. Sec. 48. That if any person or persons shall be found loiter- ing or loafing on any street corner, sidewalk, street or alley crossing, or Railroad Depot, within this City, and while there conduct themselves in a manner calculated to annoy persons passing by, or to occupants or residents of the adjacent build- ings, every such person so oflFending, shall, on conviction be fined in any sum not exceeding twenty -five dollars. Sec. 49. That if any loaded wagon, cart, or other vehicle be driven over the hose belonging to the fire department of the City of Kichmond, laid in the streets at the occurrence of any fire in the City, or at any alarm of fire, the driver, or owner or owners of such vehicle shall, upon conviction, be fined in any sum not exceeding ten dollars. Sec. 50. If any officer of said city, or member of the Com- mon Council thereof, shall directly or indirectly, by himself or agent, buy at a discount any city order, bond, or other evidence of indebtedness of said city, such person so offending, shall be deemed guilty of a misdemeanor, and upon conviction, shall be CRIMES AND MISDEMEANORS. 77 Officers inter- ested in City contracts. Becoming surety. Interrupting Civil Engineer Moving land marks. Cheating in wood. Opening cis- terns. Obstructing cisterns. Interfering with City lamps. Injuring Gas Works. fined ill any sum not exceeding fifty dollars, and shall be liable to removal from office, as provided by law. Sec. 51. If any ofllcer of said city, or member of the Com- mon Council thereof, shall become interested, pecuniarly, in any contract for the public improvement of any street, lane, alley, crossing, market space, common or other public property, or for the construction of any public building, or for the ac- complishment of any public work whatever, in said city, or become surety for any contractor for the same, such person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars, and shall be liable to removal from office ac- cording to law. Sec 52. If any person shall interrupt or molest the Civil Engineer, or his assistants, while engaged in official duty, by riding or driving any horse or animal or vehicle of any kind, against the person or surveying instruments, or other profes- sional apparatus of said Civil Engineer or his assistants, or by moving or deranging any stake or other landmark, fixed or de- termined by either of them, or by wilfully causing or offering them any kind of corporeal injury or hindrance, such person so offending shall, on conviction thereof, before said Mayor, be fined in any sum not exceeding fifty dollars. Sec. 53. That any person selling wood, or offering for sale, within the city of Eichmond, who shall knowingly make any false representation as to the quantity of wood contained in any load offered for sale, with intent to defraud any person who may purchase the same, or who shall fraudulently so construct any load of wood which may be exposed for "sale, as to- conceal therein inferior or unsaleable wood, and different from the parts exposed to view, with intent to defraud any person who may be the purchaser thereof; or who shall fraudulently resort to any other trick or artifice, by concealment or misrepresenta- tion to deceive any purchaser, and thereby defraud him or her, either as to the quantity or quality of such load of wood, shall, on conviction before the Mayor, be fined in any sum not more than twenty -five dollars. Sec. 54. No person shall open any public well or cistern of said city, for any purpose whatever, except by the authority of the Common Council, or the officers of the Fire Department, or for the purpose of repair or filling, or on occasion of fire; and no person shall place or deposit any building material or other obstructions of any kind, within twenty feet of the cap of any such well or cistern, and any person violating the provisions hereof, shall, on conviction, be fined in any sum not more than ten dollars. Sec. 55. No person shall light or extinguish any of the pub- lic lamps of the city, or let on or shut off the gas therein, or climb upon, displace, deface, hitch any animal to, or in any way injure or destroy any portion of the fixtures or apparatus of the gas works, or in an3'^ other way intermeddle with any property of the gas works, except those legally authorized so to do. Any person so offending shall, on conviction, be fined in any sum not exceeding ten dollars. 78 GENERAL ORDINANCES OF THE CITr OP RICHMOND. Speed of Loco- motives. Obstructions bj Iiooomo- Auctioneers without li- cense. Selling at auc- tion without license. Auction no- tices. Pedling with- out license. Sec. 56. It shall be unlawful for any Eailroad Company or agent, servant, or employee of any such Company, or any other person, to permit or cause any locomotive, engine, car, or train of cars to pass along or upon any railroad within the limits of said city, at a greater rate of speed than eight miles an hour; and it shall be unlawful for any such company, agent, servant, employee or other person, to leave, or cause to be left, any lo- comotive, engine, car, or train of cars, upon or across any street, avenue or side walk within said city, for a longer time than five minutes, unless from some unavoidable accident the same cannot be removed within that space of time ; nor shall any such company, agent, servant, employee, or other person, use any railroad track, sidetrack or switch, within said city, where the same crosses any street, avenue, sidewalk or alley, by running locomotives, engines, cars or trains of cars, back- wards or otherwise, so as to obstruct the travel of persons or vehicles, on any such street, avenue, sidewalk or alley, or bj' stopping a locomotive, engine, car, or train of cars, on any such street, alley, sidewalk, or by occupying the same to the obstruc- tion of such travel; any person or persons violating this section, or any part thereof, shall on conviction, be fined in any sum not exceeding fifty dollars. Sec. 57. Any person convicted of having within said City, exercised or been employed in the business of an auctioneer for the barter or sale, directly or indirectly, of goods, wares, merchandise, or property of any description, without having first secured or obtained a license so to do, in pursuance of the ordinances of said City, at the time in force, shall be fined in any sum not exceeding twenty-five dollars. Sec. 58. Any person convicted of having sold at auction, within said City, anj' goods, wares, merchandise or personal property, not previouslj^ offered for sale in said City, for at least three months, (excepting sales at auction by auctioneers, duly licensed, administrators and other public officers in discharge of their legal duties, and excepting also all sales of articles of the growth or manufacture of Wayne Countj-, Indiana, or of horses, cattle, hogs, sheep, or other live stock, or of farming implements, or articles of household property,) without first having procured license so to do, in pursuance of the ordi- nances of said City at the time in force, shall be fined in any sum not exceeding twenty dollars. Sec. 59. Any person convicted of having given notice of auction sales, by wringing a bell at any place other than at the corners of streets, and in front of the house or building where such sales are to take place, or by blowing a horn, or making any other unusual or unnecessary noise, shall be fined in any sum not exceeding twenty dollars. Sec. 60. Any street pedler, hawker, or itinerant dealer by retail or wholesale, in goods, wares, merchandise, or personal property, who shall offer the same for sale from any vehicle, or otherwise, within said City, without first having obtained or procured a license so to do, in pursuance of the ordinances at that time in force in said City, shall, on conviction be fined in any sum not exceeding twenty dollars. CKIMES AND MISDEMEANORS. 79 Pedling with- out license. Refusing to show license. Refusing to rei port auction sales. Shows &c without li- cense. Distm-hing shows. Vehicles stand ing on streets. Vehicles with- out license. Sec. 61. Any pedler or other person, convicted of having gone about or through said City, on foot or ^ith a pack-animal or vehicle, or in any other way with goods, wares, merchandise, or personal property, exposed for sale, without having first pro- cured a license so to do, in pursuance of the ordinances at the time in force in said City, shall be fined in any sum not exceed- ing twenty dollars. Sec. 62. Any pedler, hawker, or itinerant dealer, within said City, who shall refuse to show his or her license, when request- ed so to do by the City Marshal, or any member of the Police force of said City, shall be fined in any sum not exceeding twenty dollars. Sec. 63. Any person, or persons licensed according to the ordinances of said City, as auctioneers, or to sell goods, wares, merchandise, or personal property, at auction, and who are re- quired by any ordinance or ordinances of said City, at the time in force, to pay a per cent, on his, her, or their sales to the City Treasurer, and to report such sales to the City Clerk, who shall be convicted of having refused, failed, or neglected to pay such per cent, or make such report in pursuance of such ordinances of said City, shall be fined in any sum not exceeding twenty dollars. Sec. 64. Any person or persons convicted of having within said City, exhibited, or participated in exhibiting, for any pay- ment, reward, demanded or received, any theatrical performance, puppet show, wax figures, animals, any display of tumbling feats, rope or wire dancing or walking, slight of hand, hocus pocus or legerdemain, circus, natural or artificial curiosity, de- ception or representation, or anj' other display, or performance of the same general description or character, (not excepted by the ordinances of said City,) without first having obtained or procured a license so to do, in pursuance of the ordinances of said City in force at the time, shall be fined in any sum not ex- ceeding fifty dollars. Sec. 65. Any person convicted of having interrupted, mo- lested, or disturbed any show or exhibition, licensed according to law, within said City, shall be fined in any sum not exceed- ing twenty dollars. Sec. 66. Any owner or driver of any licensed public hack, carriage, express wagon, omnibus, or other vehicle, who shall stand the same on any street, sidewalk, alley, or common with- in said City, at any other place, or in any other manner, than is prescribed therefor in the ordinances of said City, at the time in force, shall be fined in any sum not exceeding twenty dol- lars. Sec. 67. Any owner or driver of any public hack, carriage, express wagon, omnibus, or other vehicle, kept for the purpose of transporting passengers, freight, or other articles, to and from points within said City, for hire or pay, convicted of hav- ing used the same for such purposes, without first having pro- cured a license so to do, as prescribed in the ordinance or ordi- nances on such subjects at the time in force in said City, or of having failed or refused to comply with all the requirements thereof, shall be fined in any sum not exceeding twenty dollars. 80 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Ne^ TTitl vehicles. Word "City'' Repealing clause. Enacting clause. : Sec. 68. Any driver of any vehicle as above enuiperated, who shall be convicted of having left his vehicle standing on any street, common or alley, with any horse or other animals attached thereto, without himself remaining near enough to control the same, shall be fined in any sum not exceeding ten dollars. Sec 69. Wherever, in this ordinance, the word "city" occurs, the same shall be taken and construed to mean the City of Richmond, in the State of Indiana. Sec. 70. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, are herebj' repealed. Sec 71. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and approved, August 23, 1870. CITY OFFICERS. RULES AND REGULATIONS OB^ COMMON COUNCIL. side. AN" ORDINANCE prescribing rules and regulations for the govern- ment of the City Council, its officers and committees, and officers connected with the City government, and other matters pertaining thereto. [Ordained April 25, 1870.] Section 1. Be it ordained by the Common Council of the City of Richmond, That the following rules and regulations are hereby adopted and enacted for the government of the Citj' Council, its officers and committees, and officers connected with the city government: Mayor to pre- 1. The Mayor to be presiding officer of the Common Coun- cil : Provided, That in case of the absence of the Mayor at any meeting of the Common Council, the Council may, on President pro motion, appoint one of its members President pro tempore, who '''™- shall hold such position for and during such meeting only. President ^" "^^^ Mayor, or such presiding officer as shall be ap- pointed in his absence, shall be designated and addressed as President. 3. The President shall take his chair at the appointed time for the meeting of the Council, and immediately call the President to members to order. He shall preserve strict order and decorum ^' in the Council, and shall decide all questions of order, and his decision shall be final unless an appeal is taken to the Council. Such appeal can only be taken by the demand of at least two members of the Council, and when so demanded, the President Appeals how shall put the question of appeal to the Council in the following form: "Shall the decision of the Chair stand as the decision of the Council," whereupon the Clerk shall call the roll of mem- bers for a vote, and if a majority vote "aye," the decision of the chair shall be sustained. Questions how 4. The President shall state all questions distinctly in this P"'- form : "as many as are of the opinion that (as the question may be,) say "Aye," and after the affirmative voice is expressed; as many as are of the contrary opinion, say "No." And then the President shall decide whether the question is carried by affirm- ative or negative vote; but if he doubt, or if a division be call- ed for by any member, the Council shall decide by arising vote, the Clerk to make the count. Order of husi- 5- -A-H questions relating to priority of business shall ness not deba- \)e. decided without debate. * ^' 6. When any member is about to speak, or deliver anj- bers in''debate" matter to the Council, he shall rise from his seat and respect- ' fully address the President, and shall in no case proceed until 82 GENERAL OKDINANCES OP THE CITY OF KICHMOND. he is recognized by the Chair, when he shall confine himself to the question before the Council, and avoid all personality, and in no case impeach the motive of the vote or argument of any other member, raioroed"^ 7. If in anywise' any member transgress the rules of the Council, or commit any other breach of order or decorum, the President or any other member may call him to order, in which case, the member so called to order, shall immediately take his seat, unless permitted to explain. If the question of order be decided against him, he shall be liable, if the case re- quire it, to the censure of the Council, but if the decision be in his favor, he shall be at liberty to proceed in order. President to 8. When two or more members rise at once, the Presi- thefloolf'''" dent shall decide which shall proceed first. Limit to speak 9. No member shall speak more than twice on the same "'®' question, except by unanimous consent of the Council. Oi-cier on the 10. When the President is putting a question, when any floor. member is speaking, and when a vote is being taken, no mem- ber shall engage in private discourse, nor walk out of or across the room. Motions to be n. When any motion is made and seconded, it shall be m wri ing. gtatgij \,j tjje President, before debate, and every motion shall be reduced to writing if demanded by the President or any member. Every member 12. Every member who shall be present when a question to vote. ig py^^ shall give his vote, unless the Council, for good reasons, shall excuse them. QuAtions, 13. After a motion is stated by the President, it shall ses^ton'ofCoun ^^ deemed to be in possession of the Council, but may be oil. withdrawn by the mover thereof at any time before decision or amendment. Motions in or- 14-. When any question is pending or under debate, no bate. ° motion shall be in order but to adjonrn, to lay on the table; for the previous question; to postpone; to commit; to amend; which several motions shall have preference in the order in which they are here arranged. Previous ques- 15. The previous question shall be put in this form : "Shall the main question be now put?" It shall only be admit- ted when demanded by a majority of the members present, and until decided, shall preclude all amendments. If decided in the affirmative, the Chair shall put the question first upon the pending motions in their order, if there be any, and then upon the main proposition. Re^considera- jg When any question has , been once decided, any member voting in the majority may move a re-consideration thereof, the same or next subsequent regular meeting; and res- How rcsoiu- olutions adopted may be rescinded by subsequent resolutions, tions and ordi- and Ordinances passed may be repealed by subsequent ordin- scinded and ances, and ordinances may be suspended for a time definitely suspended. stated by subsequent resolutions and ordinances. Resolutions, reports, and all other papers and documents properly before the Council, may be committed and recommitted at the plca- Eeadingof pa- sure of the Council. When the reading of any paper is called pers. fQj.^ j^ objectipns be made, it shall be decided by the Council, CITY OFFICERS. 83 and no paper shall be read, if objected to, without the consent of the Council. Oi-cier of com- ^'^- When a motion is made to commit any subject to a mitting. committee, and diflferent committees are proposed, the question shall be taken in the following order: 1. The Commitiee of the Whole. 2. A Standing Committee. 3. A Select Committee; and if to a Standing Committee, then in the order in which said committees are hereinafter named. What motions 18. Motions to adjourn shall always be in order, except aiwaysiu order ^.j^^^j. ^jjgjj ^^g motion to adjourn has been decided in the neg- ative, it shall not be in order to entertain another motion to ad- not debatable, joum until some other business has intervened, and all motions to adjourn, to lay on the table, and for the previous question, shall be decided without debate. Filling blanks. 1^- ^^ filling blanks, the smallest sum and the shortest time shall be put first, and then the next highest sum, &c., till the blank is filled. Indefinite post 20. When any matter is indefinitely 'postponed, it shall ponemeu . ^^^ ^^ again voted on for six months thereafter. passVet^be^ 21. The vote on the final passage of any ordinance or ''Aye" and resolution, shall be by calling the roll and recording the Ayes Two' members andNoes, and any two membei's may demand the Ayes and "A^es^"' *nd Noes to be taken on any motion or question, and when so de- •'Noes." manded, the question shall be so put and recorded. Tie vote the 22. In all votes taken, when there shall be a tie, the Mayor to de- Mayor, if present, shall give the casting vote but shall not be ' ' allowed to vote in any other case. If, when a vote is taken, the Mayor shall be absent, and there shall be a tie vote, the question shall lie on the table, and may be taken up at any sub- sequent meeting, on motion. Mayor's rigiit 23. The Mayor shall have the right to speak on any to speak. question, and take part in any debate, and to enable him so to do, he shall have the right to call any member to the chair, and while participating in debate, he shall be subject to all the rules governing the Council. Timcof re"u- 24. The first regular meeting of the Common Council, for lar mectini of each official year, shall be held on the second Tuesday in May Council. of each year, at 7| o'clock, P. M., and all other regular meet- ings shall be held twice in each month, to- wit: On the first and third Tuesdays of each month, except that no regular meeting shall be held on the first Tuesday in May; and from October to April, inclusive, the hour of meeting of Council shall be 7 o'clock, P. M., and from May to NoVember, inclusive, the hour of meeting shall be 7| o'clock, P. M., and all regular meetings may be adjourned from time to time, at the pleasure of the Council, and such adjourned meetings shall be held and con- sidered regular meetings. Special meet- 25. The Mayor may call special meetings of the Council ing;howcaiied „pon the written request of any five members, or whenever, in his opinion, the public business may require it, such special meeting to be called by summons or notice, in writing, signed by the Mayor, and served by reading or by copy, on all the members of Council. 84 geni;ral okdinances or the city of kichmond. Quorum. Penalty for non-attend- ahce. Bills. Bills, rending of Third reading hv sections. Bills first read- ing. Second reading No amendment on tliird read- ing. Ordinances to be recorded. Committee of tlie whole. Tax proposi- tion. Person not a member, how to address Council. Kules, how suspended. 26. A majority of all the members to which the Wards are entitled shall constitute a quorum for tlie transaction of business, but a less number shall have the power to compel the attendance of absent members, and to adjourn to such time as they may designate. ^ 27. Any member failing to attend any regular meeting of Council, or a special meeting, of which he had" actual notice, shall forfeit and pay a fine of twenty -live cents, unless for good cause shown, he shall be excused by Council. 28. All oi'dinanees shall, until passed, be designated bills, and all bills shall be introduced by a member of Council or the Mayor, or by a committee of Council. 29. Every bill shall receive three several readings in Council previous to passage : Provided, The second reading may Jae by title only : And provided, further. That no bill shall receive its third reading, or pass at the same meeting at which it was in- troduced, except by a suspension of the rules, as hereinafter provided; a.nA slill further provided. That in no case shall the reading of a bill by sections be dispensed with on its final passage. 30. The first reading of the bill shall be for information, and if opposition be made to it, the question only shall be, "shall the bill be rejected?" If no opposition be made, or if the mo- tion to reject be negatived, the bill shall go to its second reading without question, but if the motion to reject prevail, the bill shall not again be in order for six months thereafter. 31. Upon the second reading of a bill, by title or otherwise, it shall be in order to commit, to ammend, to lay upon the table, to postpone, or to pass to its tliird reading; and after commit- ment and report, and at any time before the final passage, a bill may be committed or recommitted. 32. On the third reading of a bill, no amendment shall be in order, except by the unanimous consent of Council. 33. When a bill is passed, it shall be recorded by the Clerk, in a book of ordinances, and signed by the Mayor or President pro tern, of Council, and attested by the Clerk of the city, who shall also append thereto the date of the passage by Council. 34. When the Council resolves itself into a Committee of the Whole, the President shall appoint the Chairman, and take his seat on the floor, and after the subject referred to the Committee has been discussed and is ready for report, the committee shall rise, and through its Chairman, report its action to Council, and the rules of Council shall, as far as applicable, be observed in Committee of the Whole. 35. Every motion or proposition for a tax or duty on the city, shall receive its first consideration in the Committee of the Whole. 36. No one, not a member of the Council, shall be permitted to address the same, except by petition, unless by the unani- mous consent of Council: Provided, That any city oflacer may, when called upon, make a verbal report. 37. No rule shall be suspended except upon motion, and an affirmative Aye and No vote of two-ihirds of all the members of Council. CITY OFFICERS. 85 Kules of par- liament to be observed. The President to appoint the standing com- mittees. Duties of mar- shal. Kules and reg- ulations, how changed. Standing com- mittees. Committee on Finance. Committee on claims. 38. The general rules of parliamentary law shall be consider- ed the rules of the Council, as far as applicable, unless the same conflict with the rules herein prescribed. 39. The President shall appoint all Standing and Select Committees of Council, unless Council shall, by resolution, pre- scribe another mode of such appointment. 40. The Marshal shall preserve order in the lobby, and shall prohibit smoking and loud talking. He shall act as Messen- ger for the Common Council, and shall deliver all papers to the chairman of committees that may be placed in his hands by the City Clerk, within ten days after the adjournment of any meet- ing of Council at which such papers have been referred. 41. These rules and regulations shall not be changed or amended, except upon a motion in writing, and after notice thereof of at least two weeks. Sec. 2. The Standing Committees of the Council shall consist of three members each, to be appointed annually, and they shall consist of the following: 1. On Finance. 2. On Claims. 3. On Streets and Alleys. 4. On Fire Department and Public Cisterns. 5. On Public Schools. 6. On Markets and Public Buildings. 7. On Gas Light. 8. On Printing and Stationery. 9. On Eailroads. Sec. 3. It shall be the duty of the Committee on Finance to take into consideration all matters relative to the finances of the city, and the raising and collecting of revenue, and to report the necessary ordinances and resolutions for the making of the an- uual tax levies, and for fixing the annual salaries of oflScers, and for making appropriations of public funds, and for the remis- sion of erroneous taxes assessed or paid, and also to have the supervision of all matters relative to the granting of licenses; to examine the books of the Treasurer and other City officer^ who are in any way responsible to the city for public funds; to see that all appropriation of public money, made by Council, are dis- bursed conformably to law ; and when Council shall direct that any city bonds shall be sold, it shall be the duty of such com- mittee to negotiate such sales, and to report their action there- in, and account for all moneys received by them, to the Common Council; and they are required to report, from time to time, such ordinances and resolutions as they may deem necessary to in- sure economy in the public expenditures of the city, and the strict accountability of its oflflcers. Sec. 4. It shall be the duty of the Committee on Claims to ex- amine and report upon the correctness of all accounts and claims referred to them by the Common Council, or hj the City Clerk, except for printing, advertising, blank books and station- ery, or for fuel for use of city ofldces, oflSce furniture, or repairs of public buildings, and to take into consideration all petitions and matters and things pertaining to demands on the city, as may be referred to them, and to report to Council their recom- 86 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Committee on streets and al leys. Committee on Fire Depart- ment. Committee on public schools. Committee on markets, &c. Committee on stationery, ^c. Committee on gas liglit. mendations therein, and accompany such report with such ordi- nances and resolutions as may be required to carry out suoh re- commendations. Sec. 5. It shall be the duty of the Committee on Streets and ■ Alleys, to take into consideration all matters and things that shall be, by Council, referred to them, in relation to streets, al- leys, sidewalks and crossings, the repair and cleaning of the same; to examine into and report to Council the manner in which the Street Commissioner performs his duty, and to report to Council such recommendations for the improvement or repair of streets, alleys, sidewalks and crossings, as they may deem expedient. Sec. 6. It shall be the duty of the Committee on Fire Depart- ment and Public Cisterns to take into consideration and report upon all matters referred to them in relation to the efficiency, expense, repairs and general working of the Fire Department; and they shall have supervision over the Are engines, and all matters pertaining to the Fire Department, and shall, from time to time, make such recommendations as they may deem expedi- ent in reference thereto, and they shall superintend the con- structionof all public cisterns. Sec. 7. It shall be the duty of the Committee on Public Schools to visit such schools, and report from time to time, to the Council such matters as they may deem of public interest to the city, and to take into consideration such matters pertain- ing to the schools as shall be referred to them by Council. Sec, 8. The Committee on Markets and Public Buildings shall have supervision and control over the market houses and public buildings, and public grounds of the city, and shall keep the same in repair and proper condition, subject to the order of Council, and they shall consider all questions referred to them, in reference to this subject, and shall pass and report all claims referred to them for expenses connected with the construction and repair of such houses and buildings, and to purchase all fuel and office furniture necessary for the city offices and Coun- cil Chamber. Sec. 9. The Committee on Printing and Stationery shall de- termine what matters shall be printed or advertisedat the ex- pense of the city, except in such cases wherein the laws or or- dinances of the city impose such duty on some officer of the city fix the number of circulars blanks or blank books, or number of insertions of advertisements, and to contract for or purchase all necessary stationery for the use of the city officers. They shall report to the Council all contracts made, or purchases by them, and the necessary ordinances and resolutions for the pay- ment thereof; and no account for articles or work of the kind herein mentioned shall be allowed by Council unless the same was purchased or done by the authority of said Committee. Sec. 10. The Committee on Gas Light shall have the super- vision of all subjects relating to the lighting of the city with gas, and shall consider all questions referred to them on that subject, and shall from time to time report to Council such measures and recommendations as they may deem expedient to insure a proper and econoniical lighting of the city, and they railroads. lowed. Keleronce to CITY OFFICERS. 87 shall see that the provisions of all contracts made by the city with the Gas Company are faithfully complied with by both the parties thereto, and to report to Council all delinquencies and failures therein. Committee on Sec. 11. The Committee on Eailroads shall have supervision oi all matters relating to the railroads entering the city, so far as the city is interested therein, and to see that all the rights and privileges of the city are properly observed, and to report upon all matters therein referred to them by Council. ?n»"i^ how ai- Sec. 12 Na claim shall be allowed against the city unless the """" same shall have been examined by the proper committee, and by them reported to Council, except that in case where the laws and ordinances authorize certain claims to be allowed on the sworn statement of city oiHcers, and in such case Council may, in its discretion, refer to appropriate committees for in- vestigation and report. Sec. 13. All references to Standing Committees may be made committees, by Council, upon motion, or by the President, without motion, how made. when no objections are made, and all questions so referred shall be reported to Council by Committee at the next regular meet- ing of Council, unless, upon request, the Council grants the committee further time. Order of busi- Sec. 14. The following order of business shall be observed "«S5- by the Common Council, at each meeting thereof: 1. Calling the Roll and noting absentees. 2. Eeading the Journal of the preceding meeting. 3. Excuses for previous absence. 4. Calling roll of members for the presentation of petitions, memorials, remonstrances, and for the introduction of motions, resolutions, or ordinances. 5. Reports, recommendations and other business from the Board of Public Improvements, 6. Reports and other business from the Board of Police. 7. Reports, recommendations and other business from the Standing Committees,'in the following order: Finance. Claims. Streets and Alleys. Fire Department and Cisterns. Public Schools. Markets and Public Buildings. Gas Light. Printing and Stationery. Rail Roads. 8. Reports of Select Committees. 9. Communications and Reports from City officers. 10. Claims against the City. 11. Bills on a third reading. 12. Bills on a second reading. 13. Unfinished business. 14. Order of the Day. Sec. 15. When the roll of members is called for that pur- motionsJ^&c.°' pose, the members called shall have the privilege of presenting petitions, memorials, remonstrances, motions, resolutions or 88 GENERAL ORDINANCES OF THE CITY OF RICHMOND. bills, said roll to be called alphabetically and after such call has been made it shall not be in order for any member to present any business comprised in the above enumeration, until after the order of business has been called through, except by unan- imous consent; provided, that nothing herein contained shall be construed to prevent any member from offering any motion upon any pending matter, during anytime, if the same is in or- der; and provided further, that in case the business of any one meeting shall not have been completed, according to the above order, at the next subsequent meeting the order of business shall be resumed where it was left off, except at the beginning of each meeting, the roll shall be called, and the Journal read, unless upon motion, such reading shall be dispensed with. Sec. 16. No member of the Council or City officer shall be offlc™*to be'^in- directly or indirectly interested in any contract to which the terested in any City is a party; nor shall any such member or officer become comelurety!"^" the surety on any bond or contract of a City officer or contract- or, for any public improvement ordered by Council. Sec. 17. No public work shall be done on any street, alley, No work ex- sidewalk, sewer, building, bridge, crossing, nor upon any other ceeding $50, to public improvement or repairs, nor shall any person or persons out Reorder of be employed in any capacity connected with City business by Council. any officer of the City, or by any Committee of the Common Council, where the cost thereof shall exceed fifty dollars, ex- cept in pursuance of an ordinance or resolution of the Com- mon Council; and all claims presented for work of any kind done in violation of this Section, shall be refused and disallowed. Sfc. 18. Whenever any public improvement, or repair of any street, alley, sidewalk, crossing, bridge, culvert, sewer, cis- and'repaTrs"*^ *®™' ^^^^' building of any kind whatsoever, the cost of which bow made. ' will exceed fifty dollars, is petitioned for by any citizen or citi- BM^Ypaiiio 2ens of the City, or by any property holders thereof, or asked impiorements. for in the motion or resolution of any member ot Council, or in the report of any Board or Committee of the Common Coun- cil; said petition, memorial, motion, resolution, recommenda- tion, or report, shall be referred to the Board of Public im- provements, and said Board shall cause the City Civil Engineer to make an estimate of the cost of such improvement or repair, and such other recommendations and opinions in reference thereto as he may deem expedient and necessary, for the full information of Council, and said board shall make an examina- tion of the proposed work, and at the next regular meeting of Council, after the reference to them, they shall make to the Com- mon Council a written report, in reference to the subject refer- red to them, giving in detail such facts as they shall deem ne- cessary for the information of Council, and they shall accom- pany said report with the written report of the City Civil En- gineer, made to them as above provided for. When such re- port is made to Council, it shall determine whether such work shall be done, and if it shall authorize the same, it shall, by res- olution, require and direct said Board of Public Improvements to cause the same to be done by written contract, with the best bidder,in all respects in conformity with the provisions of the act CITY OFFICEKS. 89 Cost not to ex- ceed estimate. No more than contract to be paid. How paid for. When comple. ted o be re- ported. Notice to be eivcu. Proposals. May refuse all bids. To be let in parcels . Contractor to give securiiy. Cost ot work: how estimated, of the General Assembly of the State of Indiana, for the in- corporation of cities, approved March 14, 1867 : Provided, That in no case shall the cost of such work exceed the amount esti- mated by the Civil Engineer, in his report above provided for : and Provided, further. That in no case shall any contractor be allowed more for any work than in such contract stipulated. Sec. 19. When the Common Council shall authorize any work to be done by contract, as above provided, the resolution au- thorizing the same, shall directly specify whether all or any of the costs of such work shall be paid bj' the city, or whether the same, or any part thereof, shall be paid by the owners of property adjoining the same, or in case a part is to be paid by the citj', and a part by property holders, the resolution shall specify what part shall be paid. Sec. 20. Whenever any work has been completed under any contract so made, said Board of Public Improvements, together with the Civil Engineer, shall examine the same, and report in detail to the Common Council the cost of the same, and the manner in which such work has been done, and the Council, if it accept such report, shall cause the same to be spread upon the journal. Sec. 21. Whenever the Common Council shall authorize anj^ work to be done by contract, the Board of Public Improve- ments shall give two week's notice in some newspaper of gen- eral circulation within said city, that proposals will be received by said Board, at the oflSce of the City Clerk, for performing such work, and said notice shall specify the particular work to be done, the time when and the place where the proposals will be opened, and shall be, in all respects, in conformity with the usual form, and be signed by the Clerk of said City, and said Clerk shall be provided with the necessary specifications, to furnish all bidders the information necessary to an intelligent bid; and on the day specified in such notice, the said Board shall open and compare all proposals by them received, and shall award the contract to the best bidder: Provided, That in case they should deem it expedient, they shall have the right to reject all bids, and re-advertise the same: And provided, further, That in all cases where the same is practicable, the work shall be let in parcels, each particular kind of work let separately. Sec. 22. Every person to whom a contract has been awarded, in pursuance hereof, shall, within ten days after the acceptance of his proposals by said Board, enter into a written contract with said city, and give surety for the faithful performance thereof, to the acceptance of said Board, and in case of a failure so to do, such contract shall be void, as to said city, and said Board shall re-let the same as above provided. Sec. 23. The cost of all such improvements shall be estima- ted and proportioned, and the liabilities of the citj"^, and the liabilities of owners of property upon which assessments are made, and the collections of all assessments, and all other matters thereto pertaining, shall be in accordance with the provisions of the act of the General Assemblj' of the State of Indiana, above referred to, in Section 18 of this Ordinance. 90 GENEEAL ORDINANCES OF THE CITY OF KICHMOND. Mayor to sign all contracts. Clerk to have ordinances pub lished. Kepcal- Take effect when. Sec. 24. The Mayor of said city is hereby authorized to sign all contracts in this Ordinance provided, when presented to him by said Board, and his signature shall be binding on said city; and all contracts, when so signed, shall be deposited with the City Clerk. Sec 25. The City Clerk shall cause all Ordinances requiring publication, under the charter, to be published according to law, within two months after their passage, and shall, at the same time, preserve the copies of the newspapers in which such Ordinances are published, together with the proper proof of publication, and file and preserve them in his office. Sec. 26. AH Ordinances and parts of Ordinances in conflict herewith, are hereby repealed. Sec 27. This Ordinance shall be in force and efl'ect, from and after the 10th day of May, 1870. BONDS; MALFEASANCE AND TRIALS. AN ORDINANCE in relation to the Bonds, Malfeasance, and trials of City Officers. [Ordained August 23, 1870.] Oath. Bond. Penally of bonds. (Jfttcers remo- ved. Section 1. Be it ordained by tne Common Council of the City of Richmond, That all officers of said city, elected or appoint- ed, before entering on the discharge of their respective offices, shall severally take and subscribe the oath of office; and the Mayor, City Clerk, Assessor, Civil Engineer, Street Commis- sioner, Marshal, City Attorney and Treasurer, shall, in like manner, execute a bond, with approved surety, payable to the State of Indiana, in the penal sums in this section hereinafter set forth, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by him, according to law and the ordinances of said city, the penalties of which several bonds, shall be as follows, viz: Mayor's bond, three thousand dollars; City Clerk's bond, fifteen hundred dol- lars; Assessor's bond, fifteen hundred dollars; Civil Engineer's bond, fifteen hundred dollars; Street Commissioner's bond, fif- teen hundred dollars; Marshal's bond, two thousand dollars; Citv Attorney's bond, fifteen hundred dollars; Treasurer's bond, double the amount of the estimated tax duplicate of the current year, which said bond shall be approved by, and filed with, the City Clerk, except the bond of the City Clerk, which shall be approved by, and filed with the Treasurer. Sec 2. Any officer of said city, or member of the Common Council, m^ be removed from office for willful neglect of duty, fur the' commission of any high crime or misdemeanor, or for any other cause which may disqualifj' him from the proper performance of the duties of his office. BONDS, MALFEASANCE AND TRIALS. 91 Sec. 3. Any member of said Council, or any voter of said city, may prefer a charge or charges against any officer thereof, How removed, or any member of the Common Council, and shall present such charge or charges, in writing, to said Council. A charge or charges preferred by a member of said Council, shall be signed by him officially; and a charge or charges so preferred by any other person, shall be verified by oath or affirmation that the same is true, as the person making such charge or charges, ver- ily believes. Such charge or charges shall be referred to a com- mittee of three members of said Council, who shall examine into the same, and if, in their opinion, there be good grounds for such accusation, they shall present such charge or charges to said Council, in proper form, for trial; but if said committee report against such charge or charges, no further action shall be had thereon, unless said Council shall refuse to accept the report thereon of said committee, and shall refer such charge or charges to another committee of the same number; and if such committee report that the accused ought not to be put on his trial therefor, such charge or charges shall be no further con- sidered. Sec. 4. When such formal charge shall have been presented by such committee, to said Council, a summons shall be issued by said Mayor, or, in case of his disability, by the acting Pres- ident of said Council, requiring the accused to appear before said Council, to answer such accusation, on a day tjierdin named, not less than five days, nor more than ten days from the date of such summons. Sec. 5. Evidence shall be taken in such cause, the attend- ance of witnesses enforced, and all proceedings generally, the same as in suits at law, and.the accused shall have the right to be heard through counsel, and after the conclusion of the evi- dence and argument, if any there shall be, a viva voce vote shall be taken on each specification of such charge, when, if two- thirds of the whole number of said Council shall determine that the accused is guilty of such charge, or of any specifica- tion thereof, the oflfender shall be removed from his office, and sentence of removal shall be pronounced by the presiding offi- cer of said Council. Sec. 6 If any charge, as aforesaid, shall be preferred against any member of said Council, he shall have no vote in any pro- ceeding consequent upon said charge ; and if said Mayor be such accused party, said Council shall appoint a President from among their own body, to serve as such, until such charge shall be determined. Sec. 7. Nothing in this Ordinance shall be so construed as to embrace in its provisions any member of the Fire Depart- ment, except the Chief Fire Engineer, and all other ordinances or parts of ordinances inconsistent with, or contradictory of, this Ordinance, are hereby repealed, clause. Sec. 8. This ordinance to be in force from and after its passage. Summons. Evidence. Sentence. Accused not to vote. Mayor not to preside when accused. Firemen ex- empted. DUTIES OF CITY CLERK. AN ORDINANCE relative to the duties of City Clerk. [Oedainbd Feb. 1, 1870.] Section 1. Be it ordained by the Common Council of the Transcripts. City of Richmond, That the City Clerk shall be entitled to the same fees for making and certifying transcripts required by law, as are allowed by law to the Clerk of the Circuit Courts of this State for similar services, and that in all cases, said fees shall be payable in advance; and the Clerk is hereby authorized, direct- ed and empowered to retain in his possession, such transcripts until his fees for making and certifying the same shall have been paid, or tendered him by the party applying for the same. Sec. 2. This ordinance shall be in force and effect from and after its passage. POLICE DEPARTMENT. Board estab- lished. Make appoint- luents. Removals. Make rules. (^uncil t^ re- vise. Special police. Police officers. AN ORDINANCE establishing and regulating the Police force of the City of Richmond. [ORDAiNED August 23, 1870.] Section 1. Be it ordained by the Common Council of Ihe City of Richmond, That there shall be a Board of Police estab- lished, consisting of the Mayor and two members of the Com- mon Council of said City, such members to be selected by the Common Council at their first annual meeting in May. Sec. 2. Such Board of Police shall make all appointments of officers and members of the Police force of said city, and to prescribe rules and regulations for the government of the same, and shall have power to remove any officer or member of such Police foree, for any neglect of duty, or for any violation of the rules and regulations prescribed for the government of the same ; Provided, That the Common Council may at any time revise, alter or amend such rules and regulations. Sec. 3. The Board of Police shall, whenever they may deem it necessary for the public interest, or to preserve peace and good order, appoint special policemen, who shall be governed by the same rules and regulations, and be invested with the same power and authority as the regular Police force. Sec. 4. Each Ward of said city shall constitute a Police dis- trict, and each district shall bear the same number as the Ward constituting the same. Sec. 5. The Police force of said city shall consist of a Chief POLICE DEPARTMENT. 93 (Jleik to give iiTtiflcate. Oath. (jonipeiisation. men ial p< ata( lepots, Kepealing clause. Knactiug clause. of Police, and such number of privates as the Common Council may, by resolution, at any time authorize. Sec. 6. Upon the appointment of any officer or member of said Police force, it shall be the duty of the City Clerk to issue him a certificate of such appointment, and upon receiving the same, such person so appointed shall, before entering upon the discharge of his duties, take and subscribe an oath to support the Constitution of the United States, and the Constitution of the State of Indiana, and to faithfully and impartially discharge the duties that may devolve upon him as a member of such Police force, which oath shall be endorsed upon his certificate of appoiatment, and filed with the City Clerk. Sec. 7. The compensation of the Police force shall be fixed by the Common Council, annually, at the first regular meeting thereof, after the city election, and such compensation shall not be diminished during the year. Sec. 8. Special Policemen, to serve as such at theatres and other places of public amusement, at hotels, at depots, and in the fairgrounds, and at other public places and establishments, may be appointed by the Police board, at the request of the owner or managers of such places; but they shall receive no pay from the city, and such special policemen shall be subject to the provisions of the Police Ordinance, so far as applicable, and such rules and regulations as the Police Board may adopt; and each and every appointment may at any time be revoked by the Police Board. Sec. 9. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, are hereby repealed: Provided, That the Board of Police shall remain as at present constituted, until the expiration of their term as such; and pro- vided. That the ofllcers and members of the present police force shall be continued as such, subject to removal and discharge, as in the rules and regulations therefor prescribed. Sec. 10. This ordinance shall be in force and effect, from and after its passage. • CONSTRUCTION OF SIDEWALKS. Order by reso- lution. Besolution to contain full de- tails. In case of fail- ure to comply. Street Commis sioner to do the work. Commissioner to report. Precept. Treafurer to collect. AN OEDIKANCE providing how and in what manner the side- walks in the city shall be repaired, and in what manner the costs there- of shall be assessed and collected from the owners of lots or partsof lots abutting thereon, and the manner of enforcing the lien of the city for expenses incurred therein. [Ordained Jdne ], 1869.] Section 1. Be it ordained by the Common Council of the City o/Bichmond, That the Common Council may, by resolution, whenever they may deem it expedient, order and require the owner or owners of lots or parts of lots abutting on any sidewalk in said city, to repair the sidewalk upon which his or their lots or parts of lots so abut. Sec. 2. The Common Council shall, in such resolution, pre- scribe the times within which such repairs shall be begun and completed, the manner of doing the same, the material to be used therein, the notice to be given thereof, the person onder whose direction the work shall be done, and the manner of ac- cepting the same, which said details may varj' to suit each case. Sec. 3. In case the owner or owners of any lot or lots, parts of lot or lots, shall fail or refuse to repair the sidewalk in front of or abutting on his or their property, aforesaid, after the passage of the resolution above provided for, and after receiving the no- tice in such resolution prescribed, and after the expiration of the time limited therefor, the Common Council shall immedi- ately cause such repairing to be done by the Street Commission- er, after the manner and of the same iiaterials, and under the same directions as in the resolution presCTibed. Sec. 4. Whenever the owner or owners of-.§uch lots or parts of lots, have failed or refused to make such repairs in accordance with the requirements of such resolution of the Common Coun- cil, and the same has been done by the Street Commissioner, said Commissioner shall report in detail, under oath, to the Common Council, the cost and expense of all such repairs so made by him, and the Common Council shall cause a precept to be issued for the collection of such costs and expenses from the owner or owners of such lots and parts of lots so abutting on the sidewalks so repaired, which precept shall be signed by the Mayor, and attested by the Clerk, and sealed with the seal of the city, and shall set forth the name of the owner or owners of such lots or parts of lots, the description of such premises, the amount claimed for such work, the date of the completion of the same, and such precept shall be delivered to the Treasurer of said city, who shall proceed to collect the same in the man- ner prescril3ed in the general laws for the incorporation of cities, for the collection of assessments made for the grading and paving of sidewalks and streets. Sec. 5. In all cases where any sidewalk shall have been re- paired, in pursuance of this ordinance, by the Street Commis- SHADE TREES. 95 Lien of city. sioner, the city shall have and hold a lien upon all lots and parts of lots adjoining and abutting upon such sidewalk so re- paired, for the costs and expenses thereof, and such lien shall begin and commence from the time such work was begun. Sec. 6. This ordinance shall be in force from and after its passage. SHADE TREES. AS OEDINAHCE providing for planting and maintaining shade trees along the streets and sidewalks in the City of Kichmond. [Ordained Acgusx 23, 1870.J I'etition. Kesolution. Notice. Work how done. Uouncil may order work without peti- tion. When owners refuse. Costs iippor- tioned. I'recepts. Repealing and enactingclanse Section 1. Be it ordained by the Common Council of the City of Bichmond, That whenever a majority of the owners of lots or parts of lots, on any square fronting on any street or com- mon within said city, shall petition the Common Council to have shade trees planted, and maintained at along said square, it shall be the duty of said Common Council, by resolution, to require the owners of all lots and parts of lots on said square, fronting on said sti-eet or common, to plant and maintain such shade trees, such resolution to distinctly specify the number and kind of trees to be planted, the manner of maintaining the same, the notice to be given to owners of lots and parts of lots, and the time in which the same shall be completed, said work to be done in accordance with the provisions of an ordinance regulating and protecting streets and sidewalks, gutters and shade trees, passed December 5, 1867, and under the direction of the Committee on Streets: Provided, That the Common Council may, whenever they deem it for the best interest, com- fort and convenience of the citizens of said city, by a vote of two-thirds of the members thereof, cause snch'improvements to be made, as aforesaid, without such petition. Sec. 2. In case the owner or owners of such lot or parts of lots shall fail, neglect or refuse to comply with the provisions of such resolution of the Common Council aforesaid, after having been duly notified, it shall be the duty of the Commit- tee on Streets to cause said improvements to be made, as in the resolution provided, and when the same is completed, the costs thereof shall, by said committee, be properly apportioned among the said lot owners, and a report thereof made to the Common Council; and in case any of said owners of lots and parts of lots, shall fail neglect or refuse to pay his, her ov their proportion of such costs, the Common Council shall cause precepts to be issued for the collection of the same, in the same manner as is provided by law for street improvements. Sec. 3. All ordinances and parts of ordinances in conflict herewith, are repealed, and this ordinance shall be in force and effect from and after its passage. GAS COMPANY. Privileges granted. Proviso. Price of Gas. Lengtli ol buruing. Council to reg' ulflte time-ta- ble-. Price to con- sumers. AN ORDINANCE Investing the Kichraond Gas Light and Coko Company with the privilege of furnishing Gas to the City and in- habitants of the City of Richmond, upon certain conditions therein named. [Ordained April 25, 1870.] Section 1. Be it ordained by the < ommon Council of the City of Richmond, That the Kichmond Gas Lig'ht and Coke Company, be and are hereby' invested with the exclusive privi- lege, for the term of five years, from the first of February, 1870, of using the streets, lanes, alle3rs, and public grounds of said City, as it is now laid out, or ma_y hereafter be laid out, or en- larged, for the purpose of lajdng down in said streets, lanes, alleys, and public grounds, pipes for the conve3'ance of gas, in and through said City, for the use of said City and inhabitants : Provided, That the said Company shall agree and bind itself within sixty days after the passage of this ordinance, to accept the terms and conditions hereof, and which said acceptance shall be in writing, and when approved by the Mayor of said City, and filed with the Clerk of said City, shall, together with this ordinance, constitute a contract by and between said City and said Company. Sec. 2. The price at which said Company shall furnish said City and its inhabitants with gas shall not exceed the following rates : for all the public lamps of said City, at a rate of con- sumption which shall average four cubic feet per hour, per lamp, for the price and sum of thirty dollars per annum for each lamp, said Company to light, extinguish and keep said lamps in good repair, and pay all government tax thereon; said lamps shall not be burned less than two thousand four hundred and thirty- two and one-half hours each per annum. Said City shall not be bound to increase the present number of lamps, but the num- ber shall not be diminished; and the time of lighting and ex- - tinguishing said lamps shall be fixed from time to time, by reso- lution of the Common Council of said City, and time-tables es- tablished to regulate such lighting and extinguishing; but if said tables shall be so fixed as to require more than two thous- and four hundred and thirty -two hours and one-half per annum to each lamp; or, if by direction of said City as hereinafter provided, said lamps are burned for any additional time, then, for such excess of time said Company shall be paid at the same rates as above provided, and for all gas furnished by said Com- pany to the in habitants of said City for private consumption, and for City purposes other than street lamps, for a price and sum not exceeding three dollars and seventy-five cents per one thousand cubic feet; Provided, That in case the amount received for (gas) in any year, from the pipes now laid, shall decrease be- low the amount received in the year 1869 ; said Company may du- GAS COMPANY. 97 I-ayhig pipes. ring the time of such decrease, charge a sum not exceeding four dollars per one thousand cubic feet, such decrease to be estab- lished by the detailed and sworn statement of said Company, to the satisfaction of the Common Council of said City. Quality of ga-,. Sec. 3. The gas furnished by said Company, in pursuance of said ordinance, except in case of emergency or accident, shall be good, pure gas, and in all respects of the highest standard of quality, and the same shall be supplied promptly and in a suffi- cient quantity to all paying consumers thereof, aud to all per- sons applying therefor on or adjacent to any street, or alley along which the mains of said Company shall have been extend- ed; and said Company shall upon application, in writing, promptly lay all necessary service pipes, in or across any street, gutter, sidewalk, or alley; and said Company shall make no charge for any meter or rent for the same, except in cases where the person using such meter shall use less than 200 cubic feet per month ; nor shall an}'^ charge bo made by said Company for service pipe laid in any street, gutter or sidewalk, nor for laying said pipe, nor for repairing streets, gutters and sidewalks there- after, or for tapping any mains, nor shall said Company charge more for making any connections between its pipes and those of any person applying for gas, than thirty cents per foot for | inch pipes, and all gas sold shall be accurately measured by said Company at its own expense, and without any charge, either di- rect or indirect, to any consumer thereof, and such Companj- shall furnish all facilities in its power to any agent or inspector that may be appointed by said City to test the accuracy of the meters, or the purity of gas furnished. Sec. 4 If said Company shall fail in good faith to complj- with any or all of the provisions of this ordinance, or shall vio- late any of its provisions, then and in such case, they shall for- feit' all the rights and privileges herein granted, and the Com- mon Council of said Citj' may, at any time thereafter, repeal the same, said failure or violation to be determined by judicial de- cision. Sec. 5. If any discovery or improvement be made in the preparation of gas from coal, or other material, either solid or liquid, by which the cost of manufacturing the same shall be materially diminished, and the same shall be adopted in the principal cities of the country, then in such case, the Company aforesaid shall introduce and use such discovery and improve- ment in said City, and shall make such reduction in the price of gas sold as shall be proportionable to the saving affected bj- such discovery or improvement. Sec. 6. Whenever the Company, aforesaid, proposes to open any street, lane, alley or public square in said city, for the purpose of laying down gas pipes, they shall give to the Street Commissioner three da_ys' notice thereof, and shall not, during the progress of their work, unnecessarily obstruct the passage of said street, lane or alley, aud they shall, within a reasonable time, repair such poi-tions of any street, lane or alley as they may have broken up, in such manner as shall be acceptable to the Street Commissioner. The said gas pipes shall not interfere with the drainage of said city. Inspection. Penalty for faiiiu'C. ImprOTement in gas. "Repairing streets. 98 GENKKAL ORDINANCES OF THE CITY OF RICHMOND. New pipes to lie laid. City Bonds, Proviso. ] damage to streets to ho re pairerl. Company toes tablish rule?. Reduction to he made. Sec. 7. Said city shall have the right to compel said Compa- ny to lay down additional mains and pipes, not exceeding five miles in length, within said city, when there is [one] consumer to each one hundred feet of such mains, at such places as the Common Council thereof may, by resolution, designate, said city issuing and delivering to said Company her bonds, at the rate of one dollar per lineal foot, for such main, such bonds to be payable in one and two years from the date thereof, and to bear interest at the rate of seven per cent, per annum, and be dated from the date of the resolution ordering the work to be done, and said Company to reimburse said city for the amount of the principal and interest of said bonds, in gas furnished the city for street lamps, at the rate prescribed in this ordinance, and said city to have and to hold a lien on the gas works and appurtenances, to secure said reimbursement : Provided, That the amount of such bonds, principal and interest so issued by said city, during the time limited for the continuance of this contract, shall not exceed the total amount which shall be due said Company, from said city, for gas burnt in the street lamps, during said term of five years. Sec. 8, Said Company, and every person acting in their em- ployment, who shall dig any trench in an.y public street, alley, or sidewalk, for the purpose of laying, taking up, or repairing any gas pipe, shall fill the same again as eaiTy as practicable, like the adjoining part of such street, alley or sidewalk: and if the place where such trench was dug shall subsequently sink or get out of repair, in conseqnence of such digging or filling, the Company shall repair it forthwith, and for a neglect to do so, said Company shall be liable for all costs for putting the same in repair, to be collected in an action of debt, or the city may cause the work to be done, and retain the costs thereof out of any moneys due the Company, and the Company shall be liable for any damages to any person or property, resulting from anj' neglect or fault of theirs or their employees. Sec. 9. Said Company shall have the right to establish rules and regulations to insure the prompt payment of all gas sold to private consumers, and shall have the right to add a penalty for the non-compliance with said rules, not exceeding one dollar per thousand cubic feet; and said Company shall render to the Common Council of said city, at the end of each month, an ac- count for the amount due said Company from the city, for gas used in the public lamps, and in the city oflSces for such month, together for such extra gas as may be consumed by order of the city, in excess of the amount herein stipulated, and the Com- mon Council shall cause the same to be paid as other claims against the city are paid : Provided, That a proper reduction be made and collected from said Company, for all failures to supply gas to the City of Richmond, and gas consumers therein resident. Tinder the provisions and regulations of this ordinance : And provided, further, That should the United States tax on gas be abolished at any time during the continuance of this con- tract, the city and other gas consumers shall have the benefit of a reduction of 15 cents per 1,000 feet, from and after the said tax may be abolished. GAS COMPANY. 91) Ex niGas. Sec. 10. Said City shall have the right, by resolution of the Common Council, to authorize the use of gas in excess of the amount herein stipulated, and to determine who shall order the same, and the times and number of lamps to be lighted, and the manner of giving such order; said extra gas to be paid for by the city, as herein provided. Sec. 11. This ordinance to be in force from and after its pas- sage, and the filing of the acceptance of said Company, as herein above provided; audit is hereby made the duty of the Mayor of said city to make proclamation of such acceptance, accompa- nying such proclamation with a cop_y of this ordinance. ACCEPTANCE OF GAS COMPANY. The Richmond Gas Light and Coke Company hereby accepts the terms and conditions of the ordinance of the Common Coun- (jompany's iic- cil of the City of Richmond, entitled "An ordinance investing contvn!^ °^ the Richmond Gas Light and Coke Company with the privilege of furnishing gas to the city and inhabitants of the City of Richmond, upon certain conditions therein named, and does hereby bind itself to perform the stipulations therein contained. Witness my name, and the seal of said Company, this the 26th of April, 1870. JAMES M. STARR, President. REGULATING SALE OF WOOD. AN ORDINANCE regulating the sale of fire wood, and creating the office of Wood Measurer. [Ordained September 17, 1867.] bein ■ Section 1. Be it ordained by the Common Council of the City measured.' ^ of Bichmond, That all wagons and other vehicles loaded with fire wood for sale shall, until the same shall have been duly ofioupy Marion measured, occupy that part of the east side of Marion street, sprinVand**" between Walnut and Spring streets, leaving a passage of thirtv Walnut. fget on the west side for carriages and other vehicles, to pass and repass, and also leaving a passage on Main street and the shaif °^ ^*' sidewalks unobstructed; and it is hereby made the duty of the Marshal and Wood Measurer, and their deputies, to enforce the provisions of this section. Unlawful to ^^^- ^' That it shall be unlawful for any person or persons to sell until mea- sell, or offer for sale, any fire wood, from any wagon, cart or sured. other vehicle, or from any wood j'ard in said city, in any other manner than by the cord, and until the same shall have been measured by the proper officer, and his certificate obtained therefor. Com. Council Sec. 3. That the Common Council shall, on or before their measure??'"* regular meeting in May, in each year, appoint a suitable per- son to measure fire wood, at the stand fixed for the sale of fire- shaii measure wood, in the first Section of this ordinance, whose duty it shall all wood. jje to measure the length, width and heighth of each and every load of firewood brought to said stand, allowing to the seller one-half the kerf, making a reasonable allowance for loss sus- tained by crooked or uneven wood, and estimating a cord to contain one hundred and twenty-eight cubic feet, and to grant Certificate of *° ^^^ Seller of each load a certificate, setting forth the quanti- meii-urement ty thereof, and the date of inspection, and shall be allowed to receive from the seller five cents for measuring each load of wood containing any number of feet between sixteen and nine- Amount to be ty-two, and ten cents for each load containing any number of meSringeach feet between ninety-three and one hundred and forty-nine : and load according fifteen cents for each load containing any number of feet be- feet'therein tween one hundred and fifty and two hundred and twenty-five, contained. and twenty cents for each load containing any number of feet over two hundred and twenty-five. The said Measurer shall poJ^fd^pSties. ]^^^'^ power to appoint one or more deputies to assist him there- in, at such times as the public convenience may require. Said shau be quaii- Measurer and his deputies shall, before entering on the duties Ma of°^^ *" °^ ^^^^ office, be qualified before the Mayor well and truly to "'^ '■ perform the same, and shall be liable to be relieved for good cause. purohlse'woed ®^^- ^- ^^^^ ^^ ^^^^^ ^^ unlawful for any person to purchase without being firewoodfrom ahy person within this city, unless the same has measured. ^^^^ measured by the Wood Measurer or his Deputy, and it Seller racist shall be the duty of the seller, before the sale is completed, to tifllfa'tef * ""'" Pi'oduce the certificate of the Wood Measurer, and deliver the same to the purchaser on the sale of each load of wood. LICENSES. 101 Seiugme " . ®^^" ^ 'r^** ^^^ Wood Measurer may, in any case, affix some mark." intelligible mark or marks on the wood measured, indicating ^pn^'i^rt ^»,2^fi^ ^^^ number of feet thereof, unless the purchaser shall demand cate. the certifacate hereinbefore mentioned. Sec. 6. That it shall be unlawful for any person to refuse tuseTo give '"" *° ^7® "^^^ "^™® to ^^^ Wood Measurer, or his deputies, and name. that if any person shall molest, interrupt or intermeddle in anj' shaUnotiater waj', Or manner, with the Wood Measurer, or his deputies, in sm^er^'"^ ™*'^" ^^^ performance of their official duties; every such person or persons, shall be forthwith taken before the Mayor, by the before the ^° Measurer, or any other officer, to be dealt with according to the Mayor. provisions of this ordinance. And it shall be the duty of the Duty of Mea- Measurer and his deputies, strictly to enforce the provisions of ordinance. ^'' t^is Ordinance, and to make complaint before the Mayor of the Sabieot to re- ^'^^Y ^^ ^"-Y P^^'^oi^ ^1" persons, violating this ordinance, or any movaiiipon of its provisions, and upon failure to do so, he shall be deemed failure. neglectful of official duty, and be subject to be relieved from office. Shall not pro- '^^*-'" '^" That nothing herein contained shall be construed as hibit measur- to prohibit the Wood Measurer and his deputies, from measur- ijofnls.""'^'^ ing wood, and giving a certificate therefor, at any other place than at the stand designated in the first section of this ordi- nance. Penivities forof Sec. 8-. That any person or persons, ofiending against any orcUiiance.*'"^' °^ ^^^ provisions of this ordinance, shall on conviction thereof before the Mayor, be fined in any sum not less than one dollar, nor more than five dollars, with costs of prosecution. Shall be in Sec. 9. That this Ordinance shall be in force from and af- torce. ter its passage and publication, for two consecutive weeks, in the Richmond Palladium. LICENSES. AN" ORDINANCE in relation to granting and regulating licenses in t_ the City of Richmond. [Okdained August 23, 1870.] Section 1. -Be it ordained by the Common Council of the Auctioneers to City of Bichmond, That any person wishing to engage in the make applies- ^j^gj^ess of ^n auctioneer, in said City, may make application . to the City Clerk for a license therefor, and such Clerk, if he deem such applicant a suitable person, shall issue to such ap- plicant a license as hereinafter provided. Sec. 2. Such license shall be issued for a period of one License, period ^^^^^ ^^ ^^^ ^^^ ^j. j^^^.g quarters of a year, at the following rates, to-wit: for one year, twenty -five dollars ; for six months, twelve dollars and fifty cents; and for three months, six dol- lars and twenty-five cents. 102 Pedlers. Fee for. Per cent. Report. Exceptions- Shows, &c. Fee for Concerts ex- cepted. Bevoking'. GENERAL ORDINANCES OP THE CITV OF RICHMOND. Sec. 3. Every pei'son engaged in, or pursuing the avocation of pedler, hawker, or itinerant dealer, by wholesale, or retail in goods, wares, or merchandise, shall, before offering the same for sale within said City, procure from the Clerk of said City a li- cense therefor, and such license shall be issued for such length of time as such applicant may desire, at the following rates, to- wit: for one year, twenty dollars; for six months, fifteen dol- lars; for three months, ten dollars; for one month, six dollars; for one week, four dollars; and for one daj^ two dollars. Sec. 4. All persons licensed as above, to sell goods, wares, merchandise and personal property, and who shall in pursu- ance of such license, sell the same at any auction; and anj^ person who shall deposit such propertj'^ in the hands of anj- resident auctioneer for sale, at auction, within said City, shall pay to the Treasurer of said City, three per cent, on all sales of such property thus disposed of at auction; and shall report such sales in writing each day to the City Clerk, which said re- port shall be verified with the aflBdavit of said auctioneer, per- son or persons, and his or their clerk, and shall contain a detailed statement and account of the amount of such sales made the day and evening prior thereto. Provided, That nothing in this ordinance contained shall apply to administrators, execu- tors, or other public officers in the discharge of their duties, nor to any sales of articles of the growth or manufacture of Wayne County, Indiana, or of horses, cattle, hogs, sheep or other live stock, or of farming implements, or of household property. Sec. 5. Every person or persons, troup or company shall, be- fore exhibiting, or participating in exhibiting, within said City, for any payment, or reward, charged, demanded or received, directly or indirectly, any theatrical performance; any show or display of puppets, or wax figures; any tumbling feats, rope or wire walking, or dancing; any slight of hand, hocus-pocus, or legerdemain performance; any circus or animal show; any display of natural or artificial curiosity; any deception, repre- sentation, or illusion; any musical or other concert; or anj' display, exhibition, or performance of the same general descrip- tion; procure from the City Clerk, a license therefor, and such license shall be issued at the following rates, to-wit : for any circus or menagerie, twenty dollars per day; for any other ex- hibition, performancefor display, as above enumerated, five dol- lars per day. Provided, that any part of a day or night, shall be considered as a day. Sec 6. Nothing in this ordinance contained shall prevent, without license, the giving or holding of any concert, perform- ance or exhibition, not indecorous, or immoral, and the net prof- its of which shall be donated exclusively to any religious, char- itable, benevolent, literary or scientific purposes, or for the benefit of any fire company in said City; nor shall anything in this ordinance contained authorize or allow the licensing of any indecent, indecorous, or illegal performance of any kind. Sec. 7. On sworn complaint made to the Mayor of said City, that any exhibition or performance, show or display, had or conducted under such license, has been, or is conducted in- LICENSES. 103 decently or immorallj', he shall forthwith summon the person or persons to whom such license was issued, to appear before him and show cause why the same should not be suspended, or re- voked; and if on hearing had on such complaint, said Mayor shall be satisfied that the same is true, he may by order entered on his docket, suspend or revoke such license, as he may in his discretion deem proper, and shall, at the next meeting of Coun- cil thereafter, report his proceedings therein to said Council. Vehicle^ Sec. 8. Everj^ owner, or person having control of any pub- lic hack, omnibus, carriage, express wagon, dray, or other ve- hicle, kept or used for the purpose of transporting passengi-es, freight, or other articles to and from points within said City, for hire, pay, or reward, before being permitted to keep or use the same, for any such purposes, shall first procure from the Fees for pas- Clerk of said City, a license therefor, which said license shall scnger vehicles ^^ issued at the following rates, to-wit: for each hack, carriage, omnibus, or other vehicle kept or used for transporting passen- wo oises gers, drawn by two horses, or other animals, for one year, fifteen dollars; for six months, ten dollars; for three months, six dol- larsr for one month three dollars. For each hack, carriage, omnibus, or other vehicle kept or used for transporting passen- one horse. gers, drawn by One horse, or other animal; for one j'^ear, ten doUai's; for six months, six dollars; for three months, four dol- lars; for one month, two dollars. For each express wagon, Fees for freight freight wagon, dray, or other vehicle kept or used for trans- vehicies. porting freight, household goods, or other articles, for one year, five dollars; for six months, three dollars; for three months, two dollars ; for one month, one dollar. i.ivery stables Sec. 9. Nothing herein contained shall apply to the owners excepted. of livery stables, except where any such vehicles are kept to be hired out by such owners, with drivers accompanying the same. S*.' Sec. 10. The Clerk of said City, shall, on application, issue Clerk to issue, licenses as in the foregoing Sections provided, on receiving from such applicant the fee therefor, which fee he shall pay immediately to the City Treasurer and take his receipt therefor, and he shall number and record such licenses, and for issuing Clerk's fee. every such license he shall be entitled to receive one dollar as his fee, to be paid by the applicant before the same is delivered to him, and all licenses shall be signed by the Mayor of said City, and the Seal of said City thereto affixed. Applicant to Sec. 11. In casc of vehicle licenses, said Clerk shall require ni? statement, the applicant to file with him a written statement, designating his or her name and residence, and the kind of vehicle intend- Number. g(j ^q jjg used, and said Clerk shall designate the number to be affixed to such vehicle, proceeding upwards from number one in consecutive order; such owner so licensed, may substitute Substitutions, f^j. g^j^y licensed vehicle, another of the same general descrip- tion, but before it shall be lawful to use the substituted vehicle, the owner thereof shall notify said Clerk of such substitution, and such Clerk shall record the same, for which he shall be en- titled to a fee of twenty-five cents. Enacting. Sec. 12. This Ordinance shall be in force from and after its passage and legal publication in the Richmond Telegram. LICENSE OF INTOXICATING LIQUORS. AN OEDINANCE to exact license money from all persons li- censed to retail intoxicating liquors, by County or State authority, and to regulate all places where intoxicating liquors are sold, to be used on the premises, and to regulate such sale within the City of Eichmond, and for two miles beyond the limits thereof, and to repeal all ordinances, and parts of ordinances in conflict herewith. [Ordained July 6, 1869.] Not to sell Section 1. Be it ordained by the Common Council oj the City withoutiioense <,/ Bichmond, That no person shall sell or barter directly, or indirectly, any intoxicating liquors, by a less quantity than a quart at a time, within the City of Richmond, or within two miles of the limits thereof, without first procuring from the Mayor of said city, a license as hereinafter provided; nor shall any person, without having first procured such license, sell or barter any intoxicating liquor to be drank in his or her house, out house, yard, garden, or the appurtenances belonging thereto. wordsintoxioa ^^^' ^" ^^ words "intoxicating liquors" as used in this or- ting liquors, dlnance, shall apply to any spirituous, vinous or malt liquors, or any intoxicating liquor whatever, which is used or may be used as a beverage. Who may ob- Seo. 3. Any inhabitant desirous of obtaining a license to sell tH,iii them: intoxicating liquors, within the limits of said city, or within two miles beyond the limits thereof, in a less quantity than a quart at a time, or to sell or barter such intoxicating liquor to be drank or suffered to be drank in his or her house, yard, gar- den, or the appurtenances thereto belonging, shall, before re- ceiving such license, produce to the Mayor of said city, a li- cense regularly obtained, under and in pursuance of an act of the General Assembly of the State of Indiana, entitled "An act to regulate and license the sale of spirituous, vinous, malt and other intoxicating liquors, to prohibit the adulterati,on of liquors, to repeal all former laws contrary to the provisipns of this act, and prescribing penalties for violations thereof, ap- proved March 5, 1859," and shall pay to the Mayor of said License fee. ^j^y^ ^^^^^ ^^^^ ^^ g^^ hundred ($500) dollars per annum, for the term such State license has to run. License to be Sec. 4. Every person who shall obtain such license, as above posted. provided, shall place the same in some conspicuous position in his or her room, or place where such liquors are kept for sale, so that any person visiting such room or place, may conveniently see and read the same. Not to sell on Sec. 5. No person or persons shall directly or indirectly, sell, inSated'' barter or give away any intoxicating liquor, within the limits of persons. said clty, or within two miles thereof, to any person or persons, on the first day af the week, commonly called Sunday, or to any person or persons, at the time in a state of intoxication. Sec. 6. Every person or persons who shall violate any section or part of any section, or any of the provisions of this ordi- nance, shall, upon conviction thereof, before the Mayor of said Penalty. MARKETS AND MARKET MASTER. lor. city, be fined in any sum not less than five, nor move than twen- ty-five dollars for each offence, to which may be added impris- onment in the city or county prison for any period uot exceed- ing thirty days. Repealed. g^.^, 7 ^jj ordinances and parts of ordinances in conflict with the provisions of this ordinance, be and the same art- hereby repealed. Sec. 8. This ordinance shall be in force and effect from and after its passage and publication, for two consecutive weeks, in the Humming Bird. MARKETS AND MARKET MASTER. AN ORDINANCE regulating Markets and Market Days, and for the appointment of a Market Master in the City of Eichmond. [Ordained June 19, 1856.] Markets, See. SECTION 1. Be it ordained by the Common Council of the City of Bichmond, That for the purpose of regulating the markets and market days of the city, and for advancing the interests of the city, as well as those who reside in the countrj-, the follow- ing rules, regulations and by-laws shall be observed. Market days. g^^ g. Tuesdays, Thursdays and Saturdays of each week, from the first of April to the first of November of each j-ear, shall be the market days, and during said time the markets shall u"iseoI*'^ ''^*P*' not be opened earlier than 4 o'clock, A. M., of said da_y, nor closed before 9 o'clock, A. ]y^., of said day; and that Tuesdays, Thurs- daj'S, Thursdays and Saturday's of each week, from the first of Time of open November until the first of April, of each year shall be the ing and closing market day, and during said time, the markets shall not be opened earlier than 3 o'clock. A, M., of each Aa,j, nor closed before 10 o'clock, A. M., of the same days. Sec. 3. All that part of lots numbered twenty -eight (28) and one hundred and sixteen (116) in that part of the City of Rich- mond laid out by John Smith, on which the market house stands which is not enclosed; all the space of Walnut, between Pearl and Marion streets, and, when necessaiy, the additional space in Pearl, between Walnut and Main streets, are hereby declared to be the market place, and which shall be, and are hereby made free to all persons, both in the city and country, to sell meat, butter, eggs, fowls, flour, grain, potatoes, and all kinds of pro- duce and marketing whatever, and in such quantities as they may agree for. SeC. 4. Repealed by ordinance of July 17, 1867. Sec. 5. Whenever any person or persons shall bring to mar- ket in this city, any article or articles of marketing, it shall be Market space. Position of wagons, &c 106 GENERAL ORDINANCES OF THE CITY OF RICHMOND. the duty of such person or persons, to station himself, herself, or themselves, along the curb of the northern side of walk on Walnut street, commencing at Marion street, and running west to Pearl street, and in like manner, when the last named space is occupied, commencing on the east side of Pearl street, and running north to Main street; and it shall be the duty of persons who bring wagons, or other vehicles, with marketing, to back the said vehicles up to said curb stone, keeping their said vehic- les up to said curb stone, keeping their said vehicles with their tongues toward the centre of the street. Sec. 6. It shall be the duty of the Common Council to pro- ^rci^'&c.'"''"' ■^■ifle a set of scales, weights and measures, and which shall, at all times during market hours, be kept in some convenient place in the market house, in one of the stalls to be reserved for that purpose, and which shall be in the custody of the Market Mas- ter; and if at any time during market hours, a dispute shall arise between a purchaser of any article of marketing, and the person or persons attending market with such articles for sale, if the parties, or either of them desir e, they shall have the priv- ilege of testing the correctness of such weight or measure, with the weights, scales or measures aforesaid, in said market house. Sec. 7. It shall be unlawfull for any person or pei'sons to sell, or otherwise dispose of any article or articles of marketing, on market days, before the opening of the market, and at any oth- er place th£tn the market place during market hours. Not to sell only ^^'^^ ^- '^^^ terms "marketing" and "articles" of marketing at market place shall be Construed as to embrace all kinds of country produce, everything for the^consumption of persons, or for any kind of live stock. Sec. 9. Any person or persons who shall sell, or oflfer for sale, ^ouef meati ^t Said market place, any unwholesome, damaged or spoiled vegetables, or meat of any kind, or shall sell, or oflfer for sale, Vegetables, any articles as aforesaid, at a greater weight or measure, or by the lump, representing the articles to be of greater weight or measure than the article or articles so sold or offered for sale, actually weighs or measures, according to the standard weights and measures, as herein established, he, she or they shall, on . conviction thereof, forfeit and pay to the said city a sum not "" exceeding ten dollars and costs of suit for every such offence. Shall not con- Sec. 10. Any person or persons who shall unnecessarily lay, founge? °^' ^^^> ^'■' stand upon any of the stalls, benches, blocks or side- benches of said market house, at any time, or who shall con- gregate or lounge about said market place, except for the pur- pose of attending markets at the proper times, shall forfeit and pay not to exceed five dollars for every snch offence, and costs of suit. , To obey direc- Sec. 11. Any Owner or owners, driver of any wagon, cart or MiSter.^'^'*^* sled, loaded with hay, straw, wood or coal, who shall drive or place such vehicle or vehicles within said market place, during market hours, or anj- other pWson, the owner or driver of any Not to hitch to wagon, cart, sled, or other vehicle, who shall refuse or neglect post or railing, to obey the instructions of the Market Master in relation to the position they are to occupy while at the market place, or who Penally. gj^g^j^ fasten any horse or team to the posts, railing or other fix- MARKETS AND MARKET MASTER. 107 Appointment of Market M;t3 ter. Oath or affirm- ation. Bond. Payover money Amended May 1, 1857, and No- vember 1, '59. Duties of the Market Mfister To rent out stalls— to see ivaeons in proper places. Failura ol his duty. Penalty. Meat to be weighed with standard weights. Violation of Ordinance. Penalty. tures of the same, or who shall lead, ride or drive any animal, cart or other vehicle, upon or across the pavements belonging to the same, he, she or they shall, on conviction thereof, forfeit and pay to said city, a sum not exceeding ten dollars and costs of suit, for every such offence. Sec. 12. A Market Master shall be appointed by the Council, at their first meeting in , and annually thereafter who shall be appointed and qualified, and who may be removed for sufficient cause, at the pleasure of the Council, said Market Master, before entering upon the duties of his office, shall take an oath or affirmation, faithfully to dischai'ge the same, and file his bond, with sufficient surety, in the penal sum of two hundred dollars, to be approved by the Council, conditioned for the faithful performance of the duties of his office, and for the prompt payment to the City Treasurer of all moneys which he may receive, in the discharge of his duties as such Market Master, or that may come into his hands belonging to the citj'. Sec. 13. It shall be the duty of the Market Master to keep his weights, scales and measures, belonging to the market, in good order, and to attend the market, and see that good weight and measure are given by all persons selling therein, and to see that no damaged or unsound provisions are sold, and to open and close the market at the proper hours, by ringing the bell. Sec. 14. It shall further be the duty of the Market Master to rent out the stalls of the market house as the Council shall di- rect, and to see that the wagons are backed up to the sidewalk, on one side of the street, as directed by this ordinance, leaving the other side open and free to pass; to preserve good order, and when the market is over, to see that the market house is cleaned and kept in good order for the nextmai'ket, and for hi.s service he shall receive one hundred dollars per annum, payable quarterly; and the better to enable him to enforce the provis- ions of this ordinance, he is hereby declared to be a police offi- cer of the city. And if said Market Master shall £ail, in anj respect, to perform the duties herein required of him, he shall forfeit for each failure or neglect, any sum not exceeding ten dollars and costs, which shall be assessed by the Mayor, on complaint made and trial had, as in other cases, the city to be the plaintiff, and when assessed, shall be deducted from his salary. Sec. 15. It shall be the duty of every retailer of meat in said market, when selling any of said meat, to weigh the same with the standard weights established by the laws of this State. Sec. 16. If any person or persons shall violate any of the rules and regulations of the foregoing ordinance, or any part thereof, except as otherwise provided in this ordinance, or shall fail in any respect to perform the duties therein required, such person or persons shall, on conviction thereof, pay a fine not exceeding five dollars, with the costs of suit. OMNIBUS AND HOTEL RUNNERS. Diiyot. polii:e- innii. Pulicenwin'^ duty. Penalty. nistante of staiul. Penalty. AN ORDINANCE regulating Omnibus and Hotel Runners at the Railroad Depot, and for the protection of Travelers. [Ordained March 15, 1870.] Section 1. Be it ordained by the Common Council of the City of JRichmond, That the Corporation or Corporations own- ing and controlling the Passenger Depot in this City, are here by authorized to appoint a Depot Policeman, who shall take the same oflScial oath, and be subject to the same rules and regula- tions prescribed for other members of the Police force of the City, so far as the same are applicable: Provided, that such Corporation or Corporations shall pay the salary of such Po- liceman. Sec. 2. Such Depot Policeman shall have and exercise at such depot, and on the grounds, tracks and appurtenances, the power of a police officer, and shall have power and authority to prescribe the place and manner of locating any omnibus, hackney coach, wagon, cart, dray, or other vehicle, kept or used for the purpose of transporting passengers, freight or oth- er articles to or from such Depot, for hire or pay : Provided, that no such vehicle shall be allowed to stand nearer to such Depot than ten feet south of the most southern tracks of any such road, and the drivers, runners and agents of such vehicles shall obey the directions of such officer in all particulars afore- said; and the power herein conferred on such officer shall also vest in the regular Policeman assigned to duty at such depot by the Chief of Police, and any person who shall disobey the law- ful commands of such officer or officers in relation hereto, shall upon conviction before the Mayor, be fined in any sum not ex- ceeding twenty -five dollars. Sec. 3. It shall be unlawful for any hotel runner, boarding house runner, or any person connected in any manner with any hotel or boarding house, anj- driver, runner, owner or agent, or any person connected with any hack, carriage, omnibus, or oth- er vehicle used for the purpose of carrying passengers for hire or pay in such City, to stand or go nearer said depot than ten (10) feet from the west end of the platform thereof, for the purpose of soliciting passengers or baggage, and any person violating the provisions of this Section shall, upon conviction before the Mayor, be fined in any sum not exceeding twenty- five dollars. Sec. 4. Every person who shall, at or near such depot, use towards any other person any angry, abusive, threatening, vio- lently loud or abusive language, or by impudently, or boister- ously soliciting customers for any public house, boarding house, or vehicle, shall produce a disturbance at such place, shall, on conviction thereof before the Mayor, be fined in any sum not exceeding twenty-five dollars. DOGS KUNNTX& AT LAKGE. 109 Pcdlers. Penalty for interfering with passen- gers. cnalty. Sec. 5. That it shall be unlawful for any Pedler of provis- ions, or bootblack, while pursuing such avocation, to come with- in said depot, or nearer thereto than 10 feet from the platform thereof after such person has been notified of the provisions hereof bj' said depot policeman, or other police officer of said City. Any person violating the provisions of this Section, shall be fined in any sum not exceeding ten dollars. Sec. 6. Said depot policeman, and all members of the Po- lice force, are empowered and authorized to maintain quietness and order, and protect from impertinent interference and an- noyance all travelers and other persons rightfully at and around fsaid depot; to Iteep the passages for ingress and egress to and from the same free from all hotel and omnibus runners, and ail other pei'sons impertinently interfering with, or striving to in- terfere with, or influence the movement of such travelei's or other persons; to arrest and take before the Mayor, for exam- ination, any person who may in the view or knowledge of such officer, have violated any of the provisions of this ordinance, or make complaint of such offence according to law. Sec. 7. Every person convicted before the Mayor, of hav- ing forcibly interfered with, or interrupted any such officer, en- gaged in the perfprmance of his dutj', under the provisions of this ordinance, shall be fined in any sum not exceeding twenty- five dollars. Sec. 8. This ordinance shall be in force and efl'ect from and after its publication for two consecutive weeks in the Richmond Telegram. DOGS RUNNING AT LARGE. Dogs to be licensed. <,lcrk to issue license. AN" OBDIJiTANCE to regulate- and restrain dogs from running at large in the City of Eichmond. [Ordained June 21, 1870 ] Slction 1. Be it ordained by the Common Council of the City i>J Ilichmond, That from and after the 1st day of July, 1870, it shall be unlawful for any person owning or harboring any ani- mal of the dog kind, to sufffer or permit such animal to run at laro-e, in any of the streets, alleys, public parks, market spacesj, or commons of the city, without first having obtained a license therefor from the City Clerk, and complied with the provisions Jiereinafter stated. Sec. 2. That the City Clerk shall issue, or cause to be issued, to each applicant, on demand, a written license, whereby the dog or bitch, owned or kept by the applicant, shall be licensed to run at lar^e' within the limits of the city, for the period of one year from" and after the date of such license. The Clerk shall also furnish to each applicant a check of brass or copper, marked and numbered from number one up, with the number corres- 110 GENERAL ORDINANCES OF THE CITY OF RICHMOND. ponding with the license. He shall also cause a register to be liept with the name of the applicant, and the number of the license and check. For each check, the applicant shall, at the time of issuing such license, and the renewal thereof, pay over Cost of license, to the City Clerk the sum of one dollar, if a dog, and if a bitch, five dollars. Twenty-five cents he shall retain as his fee, and the balance pay over to the City Treasurer. Sec 3. It shall be unlawful for any person owning or control- ing any animal of the dog kind, to suffer or permit such animal " ^^' to run at large without a substantial collar of leather, iron, cop- per, brass or other durable material, to which shall also be at- tached the license check herein above referred to; and it shall be unlawful for any such person to suffer or permit such animal to wear any other license check than the identical one issued by the Clerk. In case of a loss, a duplicate check will be issued by the Clerk, at the expense of the applicant. Sec. 4. That it shall be unlawful for any person to remove Removing col- gj^j^gj. ^j^g g^Ug^j. ^j. ^.^^^^ ^^.^^^ ^^^ animal of the dog kind, except upon consent or order of the owner, or the party to whom the license was issued. Sec 5. That whenever the City Council shall apprehend that Hydrophobia, ^f^e disease of hydrophobia is in danger of becoming prevalent in said city, they may, by resolution, or otherwise, direct the Mayor of said city to issue his proclamation, ordering and re- quiring all persons owning or harboring any animals of the dog kind, to confine the same by good and substantial means, to the house, out-house, or yard, where such person may reside, for a term not less than sixty nor more than ninety days, ensuing the date of such proclamation. And upon the issuing of such proclamation by the Mayor, it shall become the duty of all per- sons owning or harboring any animal of the dog kind, during the time specified in said proclamation, to confine the same to his or her house, out-house, store or yard, and so to prevent the same from biting or being bitten by other animals; or to cause the same to be securely and carefully muzzled. It shall be unlaw- ful for any person owning or harboring any animal of "^he dog kind, to suffer or permit such animal to run at large, without the proper muzzle herein required, during the time specified in such proclamation. , Sec 6. That it shall be the duty of the police force of the gj^y <>'■ P"""" city to kill any and all unlicensed animals of the dog kind, that may be at any time found within the city, during the time speci- fied in the Mayor's proclamation, as above provided, unless such animals are securely muzzled, as above required, and for every animal of the dog kind, killed by any policeman, in pursuance of this ordinance, such policeman shall receive out of the city treasury the sum of twenty five cents : such killing to be estab- lished by proof before the Mayor. Sec 7. That any person or persons offending against any of Penalty. ^^^ provisions of this ordinance shall, for each violation, upon conviction before the Mayor of the said City of Richmond, be fined in any sum not exceeding twenty dollars, with costs of prosecution. PUBLIC OFFICES AND CITY PRISON. Ill Sec. 8. This ordinance to take effect and be in force from and after its publication, for two successive weeks, in the Telegram, Kepeai Sec. 9. All ordinances or parts of ordinances in conflict with this ordinance, are hereby repealed. PUBLIC OFFICES AND CITY PRISON. AN ORDINANCE to establish the place of meeting of the Common Council, to locate the public offices, and to establish a prison for the City of Richmond. [Ordained August 23, 1870.] Section 1. Be it ordained by the Common Oouncil of the City City buiidingf. of Hichmond, That the building known as the "Warner Build- ing," being number 7, North Pearl street, be, and is hereby con- stituted and established as the City Building, and that the meetings of the Common Council, and the sessions of the City Court shall be held therein; and all city olflcers required by law and the city ordinances to have offices, shall keep their offices in said building: Provided, That the Common Council may, at any time, by resolution, change the place of holding said meetings and sessions, and the location of said offices, notice of such change to be given in some newspaper printed and published in said city. Sec. 2. The basement of said building, and such other rooms therein as the Common Council may provide, are hereby estab- lished as a city j)rison. Sec. 3. This ordinance shall be in force from and after its passage. City offices. Cocation may be cbangcd. Prison. PROTECTING STREET LAMPS. AN' OKDIJiTANCE protecting Street Lamps, and preventing the ob- struction of the same. [Ordained June 21, 1870.] Penalty. Trinmiing Failing to trim. To be planted, how. Section 1. Be it ordained by the Common Council of thv City of Richmond, That whoever shall erect or maintain any sign, post or wooden awning that may be likely to obstruct the proper distribution of light from the street lamps, now in use, or hereafter to be erected, shall be fined therefor in the sura of five dollars; and a persistence in maintaining such signs, &e., after due notice given by the Chief of Police to take down the same, shall subject the party so offending to a further fine of one dollar for every twenty-four hours said obstruction to light shall continue. Sec. 2. ,The owner or owners of shade trees, whose branch- es are in the way of the satisfactory use and convenient man- agement of the public lamps, shall trim away the same upon due notice given, or this work shall be done' under the direc- tion of the Chief of Police, and the expense thereof be paid by said owner or owners. A refusal to trini such trees shall render the person so offending subject to a fine of one dollar for every twenty-four hours the offense is continued. Sec. 3. It shall hereafter be unlawful to plant any shade tree nearer than ten feet of the northwest and southeast corners of streets crossing each other at right angles, or within a like dis- tance of the opening of any public alley. The violation of this section shall act as a condemnation of such tree, and the same may be cut down, if not removed upon notice, when it shall in- terfere with the erection of a public lamp. ■» Sec. 4. It shall be unlawful hereafter to build any fence or guard bars, so as to enclose or interfere with the convenient lighting and extinguishing of public lamps, and the person or persons so offending, shall be liable to the penalties set forth in the first section hereof. Sec. 5. This ordinance shall take effect and be in force from and after its passage, and publication for two consecutive weeks, in the Telegram. SLAUGHTER HOUSES. Kenioving ilcad aiiiiuitls. Slaughtering animals. Cleaning. Suit brought. Failing to abate nuisance Marshal to abate. Establish- ment^tobe prepared. AS" ORDINANCE regulating public safety, comfort and convenience. [Ordained May 20, 1862.] Section 1. Be it ordained by the Common. Council of the City o/^tcAwjowd.— Section 1. [Repealed by Act of June 21,1870.] Sec. 2. An}' person having contracted with said Council to haul off, and bury, or otherwise remove, animals deceased or killed in said city, and convicted before said Mayor of having failed so to do, shaU'be fined for every such offense, in any sum not less than one dollar nor more than ten dollars. Sec. 3. The slaughtering of cattle, sheep, hogs or other animals, within said City, except on or near the margin of White Water River, is hereby declared a public nuisance; and all build- ings or enclosures, which by reason of any business carried on in, at or about them, shall or may produce any unwholesome smell or annoyance to the neighboring inhabitants, are also declared public nuisances. Said Marshal shall abate such nui- sance, by cleaning the same at the cost of the owner thereof, or, if such owner be not a resident of said City, at the cost of the lessee or the occupant thereof, to be recovered in an action of debt, brought in the name of said City. Every pei-son slaughtering, or causin^or suffering the slaughter of any cattle, sheep, hogs, or other animals, or of building, using continuing or suffering, or of causing the building, using, continuing or suffering, of such nuisance in said City, shall, on failure to abate the same, after receiving notice so to do from said Marshal, and on conviction of such offense before the Mayor, be fined therefor in the sum of fifty dollars, iand in the same sum for every twen- ty-four hours continuance or permission of such nuisance. Sec. 4. After any party shall have been so convicted of erect- ing, using, continuing or suffering any nuisance prohibited by this ordinance or otherwise, said Marshal shall forthwith abate the same by cleansing the premises at the cost of the owner, re- coverable as provided in the last preceding section, and, in dis- charging such dutj', he shall have full authority to call to his aid the power of the county. Sec. 5. No butcher or other person shall slaughter an}- swine, beeves, calves, sheep, or other animals in said citj', unless the house, yard, pen or place for such killing be tightlj'. floored with plank, or -paved with brick or stone, laid in water lime cement, so as to prevent the earth beneath the same from becoming the receptacle of filth or offensive matter. SucTi floor or pavement shall always be made sloping towards a gutter, passing through the same, and leading, (except as herein otherwise provided,) to a tub or reservoir, which shall be so placed as to receive the blood and offal passing in such gutter, and shall, at the end of each day of slaughtering, be emptied at such place tLat no offen- sive effluvia shall arise therefrom; and, moreover, such floor or 114 GENERAL ORDINANCES OP THE CITY OF EICHMOND. Washing cleaning. J\ni:ilt\', and WLicll not rc- ciuircd. WhitovvM^hing IV'i'init. I'rovi^ Pciiiilty. Sluts Bogs ill Mark- nt lioiiso. Travolei's I logs. Lifting Ka- I'liines, &c. pavement shall be washed and cleaned at the end of each day of such slaughtering. Any person convicted before said Mayor of ' having violated any provision of this section, shall be fined for each offense in any sum not less than five nor more than fifty dollars. Sec. 6. The erection of such tub or reservoir shall not be re- quired, in case such gutter communicates directly with White Water river, so that such blood and offal shall flow off without creating any offensive smell. Sec. 7. Every such slaughter house shall be whitewashed on the inside, at least once in each month of using the same for slaughtering, between the last day of March and the first day of the next following November; and any person convicted, before said Mayor, of having violated this section, shall be fined for every such offense, in anj' sum- not less than five nor more than fifty dollars. Sec. 8. No building shall be erected, fitted up or used, in said city, for slaughtering, dressing or packing any cattle, calves, sheep or swine, or for steaming any lard or tallow, without a permit therefor, first given by said Council; and such permit shall not be so given, except for a packing house simply, until the applicant therefor shall have presented to said Council a pe- tition, signed by a majority of the qualified voters of the Ward wherein such building may be proposed to be erected, fitted up or used as aforesaid, and praying that such permit be granted : Provided, That nothing in this section contained shall apply to any houses already constructed and used for the purpose afore- said, or to their enlargements or additions. Any person, con- victed before said Ma3-or, of having erected, fitted up or used, or having suffered the erecting, fitting up or using on his premises, of any building for any purpose in this section named, and without such permit from said Council first obtained, (except as above provided,) shall be fined therefor in any sum not less than twenty nor more than fifty dollars; and, furthemiore, said Mar- shal shall abate such building as a public nuisance. Sec. 9. Repealedby ordinance of August 6, 1867. Sec. 10. Repealed by ordinance of June 21, 1870. Sec. 11. Any person convicted before said Mayor of having caused or suffered any slut, while in heat, to run at large in said city, shall be fined for eveiy such offense in the sum of tliree dollars. Sec 12. If any dog, bitch or whelp be found within any of the market houses or market spaces of said city, the owner, or person in charge of such animal, shall, for every offence, and on conviction thereof before said Mayor, be fined in the sum of one dollar. Sec. 13. Repealed by ordinance of June 21, 1870. Sec. 14. Repealed by ordinance of June 21, 1870. Sec 15. No provision of this ordinance shall apply to the dog of any traveler passing through said city. Sec 16 Repealedby ordinance of August 16, 1870. Sec 17. Repealed by ordinance of August 16, 1870. Sec. 18. Any person convicted before said Mayor of having exhibited any lifting machines, lung tester, or any like instru- SALARY OF CITY OFFICEKS. 11 T) ment or device, at the crossings, on corners, or along tiie sides of any street of said city, sliall, for every such offence, be fined in any sum not less than ten nor more than twenty dollars. Mai-shai to ex Sec. 19. The Marshal or his Deputy, or the Street Commis- vaiiits &c''"*' ®i'*^^'" of said eity may and shall, from time to time, enter and "'' ' examine, between sunrise and sunset, any building, lot of ground, vault orprivj-, which such officer maj- Ijnow or believe to be foul, or damp, or otherwise prejudicial to the public health, and may also direct the cleansing, altering or amending the same, or the removal of nuisances from, in, or about the pd-emi- ises; and whatever person shall resist or obstruct said officer in the performance of such duty, or whatever owner or occupant of such premises shall neglect or refuse to remove such nuisance, on direction of such officer so to do, shall, for every such of- I'cnait.y. fence, and on due conviction thereof, be fined in any sum not I'roviso. exceeding twenty dollars: Provided^ That nothing in this ordi- nance contained shall be construed to effect any\action now pending, or any right of action now existing in favor of said city. SALARY OF CITY OFFICERS. AN ORDINANCE to provide for the compensation of city oflioer? and members of the police force, for the ensuing fiscal year. [Ordaixed May 17, 1870.] Alavor. Clerk. Mursbal. Street Com- missioner. Assessor. Section 1. Be it ordained by the Common Cotmcil of the City of Richmond, That the compensation of the following named officers, for the ensuing fiscal year, shall be as follows: The Mayor, fifteen hundred dollars per annum, exclusive oC office rent, fuel, light, stationery and dockets. The Clerk, seven hundred and fifty dollars per annum : Pro- vided, That such assistants as he may necessarily require in making out the annual tax duplicate, shall be paid for by the city— such assistants to be appointed by the Clerk, with tlie concurrence of the Common Council. The Marshal seven hundred and twenty dollars per annum. The Street Commissioner shall receive two dollars and a half per day for each day's work actually performed by him, and for such days as he shall work convicts^l he shall receive, in addition thereto, twenty -five cents per day; and he shall, when he pre- sents his accounts for such work, make the same out in detail, and make affidavit to the correctness thereof. The Assessor, four hundred dollars for each annual assess- 116 GENERAL ORDINANCES OF THE CITY OF RICHMOND. ojvi! Engineer Market Master Kire Engineer. Chief ol Po- lice. Patrolmen. I ouncilmen. Treasurer. Wl»f^n })aitl. Cflsf^. Enacting clause. ment, to be paid when such assessment is made. The Civil Engineer shall receive for all services rendered the city, five dollars per day for the time actually employed : his account for the same to be made out in detail, under his oath. The Market Master, seventy-five dollars per annum. The Chief Fire Engineer, fifty dollars per annum. Police Force— The Chief of the Police force, nine hundred dollars per annum. Each Patrolman sixty dollars per month, to be paid monthly, upon the certificate of the Chief of Police, approved by the Mayor. Common Councilmen, each one hundred dollars per annum. The Treasurer shall receive a salary of one hundred dollars per year, and in addition thereto, he shall receive t'rs: Provided, That nothing therein contained shall prevent any such person from using or consuming his, her or their garbage, for any purpose not inconsistent with the ob- ject of this section. , . Sec. 2. Be it further ordained by said Common Council, that ii*gp.*'"'*^*'^" for the convenience and facility of gathering and collecting all such garbage, the said city is hereby divided in two districts, to be known as No. 1 and 2 garbage districts. All that part of said GARBAGE. 131 Iiioonsing. I'rocuring li- .Shall file n bond. stall visit ev- ery place in his district. Hinaf^ting. city lying south of Main street, shall be District No. 1, and all that portion of said city, lying north of Main street shall bo Dis- trict No. '2. . Sec. 3. It snail be the duty of the Mayor to license one or more competent persons for each or all of said districts, to gath- er and collect all the garbage in such districts or district, and it shall be unlawful for any person to make a business of collecting together and taking away any garbage, as set forth in Section 1, without having procured said license; nor shall any license an- thorize any person to gather and take away garbagp in any other district than that for which such person is licensed; and any person violating the provisions of this section, shall be fined in .iny sum not exceeding ten dollars for each offense, on any one day. .Sec. 4. Each person procuring such license shall pay for the same not more than fifty dollars, and such license, when granted, shall confer on the person licensed the exclusive privilege, in the district for which he is licensed, to follow the business of gathering and removing garbage for his own use; but nothing in this section or ordinance contained shall authorize any such garbage gatherer to feed snch garbage to stock, or otherwise use the same within the limits of said city, so as to create any noisome or offensive odors, or nuisance in or to the neighbor- hood, or any person or citizen thereof, where said garbage is so fed or used; and any garbage gatherer who shall be guilty of a violation of any provision of this section, shall be fined for each day that any such noisome or offensive odors or nuisance is maintained, suffered or permitted, in any sum not less than five, nor more than twenty dollars. Sec. 5. Before any person shall receive a license, he shall flic a bond, with security, acceptable to the Mayor, payable to the City of Richmond, in a penalty of two hundred dollars, condi- tioned for the faithful discharge of all duties required of him by the ordinances of the city, and which bond may be pnt in suit for all fines, penalties, costs and forfeitures incurred by any such person, under this ordinance. Sec. 6. Every person so licensed, as aforesaid, to gather gar- batiucting pavements Conform ti) ^'rade. Dimensions. Shade trees. AN OBDINANCE regulating and protecting streets, alleys, side- walks, gutters, shade trees, &c. [Oedaised Decembee 5, 1867.] Section 1. Beit ordained by the Common Council of tlf.e City of Richmond, That the grades, as shown by the red lines and figures in the "Profile of the streets of Richmond," heretofore surveyed by the City Engineer, and adopted by said citj', be, and the same hereby are established and continued as the per- manent grades of such streets, alleys and sidewalks. Sec. 2. All improvements or repairs hereafter made on the streets of said city, shall be made in reference to and in ac- cordance with the grades as above established; and if any per- son shall construct any pavement or sidewalk in said city, on a frade difllering from the one so established, or shall continue such construction, after warning from the Marshal or Street Commissioner of said city to desist therefrom, such person shall, on conviction of such offence before the Mayor of said city, be fined in any sum not less than one dollar, nor more than five dollars, for each day's continuance thereof. Sec. 3. All sidewalks and pavements in said city, shall con- form in grade to the grade of their coi'responding streets, as above established, and the sidewalks along the several streets of said city,"shall possess, by measurement from the true front line of the lots bordering on such streets, and from the inner edge of the same to the curb thereof, shall be in width as follows, viz: Sixty feet wide and upwards, there shall be a space often feet allowed on each side for public sidewalks, and on all streets under sixty feet wide, there shall be the space of eight feet al- lowed for said walks, and evei-y such side walk already paved and in good repair, shall, when repaved, be extended toconforxn to the width in this section established. Sec. 4. The provisions of the last section shall not disturb the location of any shade tree already planted and growing, but every such tree, hereafter planted, shall be placed, with its boxing, within the inner edge of, and not more than one foot fi-om the curb of such sidewalk, and for the protection of such trees, with their boxing, the person so placing them shall have the privilege of putting posts in the street at an inclination of not more than eighteen inches ft'om the base thereof: Provided, That any person having such trees already placed at no greater distance than twelve inches from the inside or outside of the 134 GENERAl ORDINANCES OF THE CITY OF RICHMOND. outer edge of such sidewalk, shall not be required to move the same. Any person, pn conviction before said Mayor, of liaving- injured or destroyed any such tree, boxing or post, shall be fined in anj' sum not less than one, nor more than ten dollars for each tree, boxing, or post so injured or destroyed; and any person so convicted of having hitched anj- horse, mule or ox to any such tree, or to the boxing thereof, shall be fined therefor in the sum of one dollar. Slo. 5. On and along Main street, of said city, the openings for cellar doors may be permitted to extend four feet only from Cellar ciooi-s ^^^ ^^^^ bordering thereon ; and hereafter, any person convicted On Main street before the Mayor of having built any cellar door projecting' more than four feet, or any bannister or railing projecting more than three feet from the front of the lot whereon the same maj' be built, shall be fined in the sum of three dollars for ev- ery day's existence of such projection, after notice from said Marshal or Street Commissioner to remove the same; and in all cases where such cell&,r door or such bannister or railing already constructed, shall project (the former more than four feet, and the two latter more than three feet,) from such front as afore- said, the owner thereof, when rebuilding or repairing, shall bring the same within the distances respectively above de- scribed, and in neglect so to do, and conviction of the same, a» aforesaid, shall be fined in the same manner and sum as for n first construction of such nuisance. Sec. 6. Any person owning, occupying or controlling any cellar, the door of which may be in, or on, any side walk, street, lane or public allej' of said city, and who shall cause or permit the same to remain open between tlie twilight of anj' evening and the daylight of the ensuing morning, and without, at the same time, having a light kept up in such cellar way, shall, on conviction of such offence before said Mayor, be fined therefor in any sum not exceeding five dollars: Provided, That such penalty shall not attach to any person protecting the entrance or descent to such cellar or area with sufficient railing or balus- trading. Sec 7. No person shall dig or cause the digging of any vault, in any street or alley of said city, without having first obtained permission therefor from said Council, and every application for such permission shall be made in writing, stating the in- tended length and breadth of such vault. Sec. 8. All such vaults shall be constructed of brick or stone, with lime mortar, the grating or opening thereof, if within the street, shall be within two feet of the outer line of the curb stone. The grates thereof shall be of good wrought or cast iron, with bars of not less than one inch square for a grate of eighteen inches in diameter, and more or less than one inch square, proportionately to any other diameter of such grate. The space between such bars shall not exceed one inch in breadth and every such grate shall be securely bedded in a cast iron rim or frame, with the upper side thereof level with the tipper surface of the pavement; such vault shall, during the daytime, be guarded sufficiently to prevent all passengers from be*ieft oTen." receiving harm, except by their own fault, intoxication or oth- Cellar doors left open. Vaults. Vaults how constructed STKEETS AND SIDEWALKS 135 erwiserand whenever it shall benecessury to ufe Ihe opening of such vault, between half, an hour after sunset of any evening, and daylight of the next succeeding morning, there shall be a person on the spot with alight, to show and guard against such opening. Sec. 9. Whenever the owner of such vault, or tenant of any building therewith connected, shall neglect to keep such vault or its grating in good and safe repair, said Street Commissioner Vaults to be' shall cause such needful repairs to be made, and demand the cost kept ill icij.-iir. thereof of such owner or tenant, and in case of the non-pay- ment of such costs within the next twenty days after such de- mand, he shall report to said Mayor such delinquent, who, on conviction of such delinquency, shall be fined in a sum equal to the costs of such repairs, with the costs of prosecution. Sec. 10. No such vault shall be extended streetward, bejond the curb stone. No person shall be permitted to interrupt, for such purpose, free passage on any sidewalk, longer than twelve Vaults. days for each twenty feet of such vault, measured lengthwise, on such sidewalk, no more than thirty feet, taken lengthwise of such sidewalk, shall be so interrupted at the same time; the ex- cavation for such vault shall, from commencement to comple- tion, be guarded on all sides by a substantial barricade, and either the owner or the tenant of the property connected with such excavation, or the workmen employed thereon, shall be held subject to the provisions of this section. Sec. 11. Any person convicted before the Mayor of having I'.iiaity. violated any ijrovision of the seventh, eighth or tenth section of this ordinance, shall be lined therefor in any sum not less than five, nor more than fifty dollars, with costs of suit. Sec. 12. Any person convicted before said Mayor of having taken, or caused to be taken, any earth, stone or gravel from Penalty. ^^^ street, alley or sidewalk in said city, without permission so to do from said Council, shall be fined therefor in any sum not more than fifty dollars for each day on which such earth, stone or gravel may have been taken. Sec. 13. Any person convicted before said Mayor, of having feiiKity. cut any drain on an improved street, alley or sidewalk of said city, without previous permission therefor from said Council, or without having conformed such work to the general plan adopt- ed for the improvement of said citj', under the direction of the Civil Engineer thereof, shall be fined in any sum not less than five nor more than fifty dollars. Sec. 14. Whenever any street, alley or sidewalk, (excluding the intereection' of the same,) in said city, shall need repairs, or -*'■""■ whenever any hole therein, or obstruction to passage thereon, shall exist, it shall be lawful for the owner, agent of the owner, or occupant of the lot or land bounding thejeon, to rej^air, remove, or abate the same, at his ^or her proper expense, with the previous consent, and under the supervision of the Street Commissioner. Sec. 15.; On the failure of any such owner, agent or occupant of such lotor land to repair, remove or abate such obstruction, so far as to the middle of the street or alley, immediately fronting 136 G^INEEAL ORDINANCES OF THE CITY OF RICHMOND. to repair. I'eiinlty. Obstructiii, street. such lot or land, the Street Commissioner shall notify such person to cause the same to be done within twenty days next after the date of such notice, and on the failure of such person to make such repair, the Street Commissioner shall make it himself^ and commence suit for the cost thereof, in the name of said city, and to re Mi?!°"^^' Ijefore said Mayor, who, on due proof of the same, shall assess the damages against such delinquent therefor, in the amount of such cost, with the addition of twenty per cent, for damages. Sec. 16. Any person or his employer, engaged in excavating earth in or near any street, lane or alley, or any other exposed situation in said city, and convicted before said Mayor of not having protected, without delay, the sides of the excavation oi- embankment so made, against injuries or accidents to persons and animals passing near the same, shall be fined in any sum not less than three nor more than fifty dollars, with costs of pros- ecution. Sec. 17. Any person convicted before said Mayor of having obstructed or hindered free passage on any public street, lane, alley or sidewalk, or crossing in said city, by placing thei-eon any building materials, or any vehicle to be repaired, or animal to be shod, or any box, barrel, furniture or other material what- ever, or by hitching or tieing any animal on a sidewalk, shall be fined therefor in the sum of three dollars: Provided, That noth- ing herein contained shall prohibit the loading or unloading of any goods, wares, merchandize, or other thing, without needless delay; and Provided, also. That any person occupying any building for business, shall have the privilege of using four feet of the sidewalk next to such building, on Main street, and three feet of the sidewalk next to such building an any other street, for the display of goods, wares or other articles of trade ; but no other part of any sidewalk shall be employed to such purpose: and, provided, furthermore. That this ordinance shall not effect the stationing of fruit stands, whenever the same do not ob- struct free passage along the sidewalk of said city. Sec. 18. Any party owning wood or fuel, unloaded, and lying on Main street, and between the intersections thereof, made by Leaving wood Washington and Seventh streets, in said city, and sufiering the on i ainstiee . gg^jjjg ^ remain for more than twenty -four hours, shall, on con- viction of such offense, before said Mayor, be fined in any sum not exceeding one dollar, for such first offense, and in the same sum for each succeeding day of the continuance thereof. Sec. 19. Every property holder in said city, shall be respon- Proycrty hold- siblc for any obstructions in the gutter, or for the deposit of any ev responsible, chips, wood, filth or Other rubbish, on the side walk, or space immediately opposite the place occupied by such property holder, and shall, on conviction before the Mayor, of having created or suffered any such deposit, suflScient "to incommode travel on such sidewalk, or obstruct the ;flow of water in such gutter, be fined in any sum not exceeding three dollars: Pro- vided, That before action in such case be brought, such proper- ty holder may relieve himself of the above penaltjs by proving such offence to have been committed by some other person or persons, who shall, in such case, be tried in the manner, and fined in the amount above pi-ovided. GARBAGE. 137 Sec. 20, No vehicle loaded with fire wood or other fuel, or wood'market. ^'^^^ com, hay, straw or fodder of any kind, held for sale in said city, shall be allowed to stand anj'where in the streets thereof, excepting only on the sides of the streets nearest to and di- , rectly fronting the south side of Walnut, from Market to Ma- rion, and on the east side of Marion, from Walnut to Main, and any person driving, attending or controlling such vehicle, so used, and permitting the same to stand elsewhere than in this section designated, after due notice, shall, on conviction, of such ofFence, before said Mayor, be fined in any sum not less than one dollar, nor more than five dollars, with costs of prose- cution: Provided, That this section shall not apply to the standing of any such vehicle for any reasonable or necessary time, elsewhere than above defined, while discharging or receiv- ing lading. Sec. 21. The Marshal, or his deputies, or any police officer of force.'" ° """ said city, shall strictly enforce the observance of the last forego- ing section. Sec. 22. Any person convicted before said Mayor of having Pen.^ity. hitched or stationed any team, horse, mule, or cattle in or upon any unpaved, but improved gutter, along any street of said city, except for the purpose of loading or unloadine, shall be fined therefor-in any sum not exceeding three dollars. Sec. 23. Any person convicted before said Mayor of having Teams stopped stopped or stationed, or caused or sufiered the stopping or sta- on streets. tioning of any team or teams, horses, mules or cattle, on Main street, between Washington and Eighth streets, in said city, for the purpose of feeding, shall be fined therefor in a sum not less than fifty cents for the original ofience, and fifty cents additional for every subsequent hour's continuance thereof, after warning in that respect, given by any officer or property holder of said city. Sec. 24. Any person convicted before said Mayor of having i-eayins teams unhitched and left any vehicle on any street, alley or sidewalk " ' " - of said city, to the hindrance of passengers thereon, shall be fined in any sum not less than one dollar, nor more than three dollars for such original oflTence, and in the same sum for every twelve hours' continuance of the same. Sec. 25. Any person convicted before said Mayor of fiaving Biding across ridden, driven or led any horse or other animal, on or across sidewalks. g^jjy sidewalk in said city, improved by graveling, paving, planking or otherwise, or on or over any unfinished pavement or sidewalk prepared for paving, during the progress of the work thereon, or of having pulled up or broken down any post or stake, or removed any rope, chain, inaterials, or other thing used for such work, and during the progress thereof, shall be fined therefor in any sum not exceeding ten dollars : Provided, That, whenever, from the want of an alley adjacent to any lot, or part of lot, there be no convenient access thereto otherwise than by crossing such sidewalk, it shall be lawful for the owner or occupant of such lot, or part of lot, or for any person in his employ, to drive on or over such sidewalk for the purpose of dis- charging any bulky and needful article on such lot or part of li58 GENERAL ORDINANCES OF THE CITY OF RICHMOND. lot, if only at the spot where such riding, leading or driving shall not be injurious to such sidewalk; and if, also, the free passage of foot passengers thereover shall not be interrupted. It shall also be lawful for livery stable keepers, lumbermen and other such persons or their employees, and whose ordinary bu- siness may so require to make such crossing, with such animal or vehicle, if such sidewalk, at the place to be crossed, shall first have been planked and paved, as aforesaid, and if, moreover, the movement of foot passengers thereon be not impeded. Sec. 26. This ordinance shall be in force from and after its passage, and publication for two consecutive weeks in the Rich- mond Palladium. DANGEROUS DISEASES. AN ORDIKANCE protecting the public against dangerous diseases. Name of pa^ tients to be re ported. Physician to report. [Ordained September 4, 1866.] Sbction 1. Be it ordained by the Common Council of the City of Bichwiond, That the name and locality of every person in the city, or within its jurisdiction, afflicted with small pox, vario- loid, cholera, choleric diarrhea, or other dangerous contagious, infectious or epidemic diseases, shall be reported to the Presi- dent or Secretary of the Board of Health, as soon as such person is known or suspected to have such disease. If a physician is attending upon such person, it shall be his duty to so report, givina;, as nearly as may be, the character and stage of the dis- ease. When no physician has been in attendance, the proprie- tor of the hotel, boarding house, or private house where such person may be, or if not in any such house, then the party hay- ing control or charge of such person, shall report as aforesaid. See. 2. It is hereby made the duty of the proprietor of any house wherein any one is sick of small pox, to place upon such house, in a conspicuous place, fully exposed to public view, an orange colored or yellow flag, which shall so remain until such Flag to put up. gick person is well, or has been removed to premises disin- fected, and an order received from the Board of Health, to take, it down; in all cases of failure to obey this injunction, it shall be the duty of the City Marshal to see that the flag is properly Persons infect- placed, and to report the failure on the part of the proper party to replace it. No person having smallpox, and no person nurs- ing or having association with a person having the small pox, except the attending physician, shall go out in public, pass from house to house, or appear on the streets or any other place ed not to go out, DANGBEODS DISEASES. 139 where the public, in the pursuit of their ordinary affairs, might come in contact with them, until the Board of Health shall have decided that such person is no longer in condition to convey the small pox contagion, nor shall any person visit the rooms or house, within which a case of small pox exists, except the at- tending physician, agent of the Board of Health, and nurses, until such time as the Board of Health has declared the danger of contagion passed in such case. The proprietor of any house > wherein any person may have been sick of small pox, shall, on recovery or removal of such person therefrom, forthwith take such steps as the Board of Health may direct, for the proper disinfection of such house and its contents, and surroundings, including all persons wh6 may be therein, and it shall be the duty of the City Marshal to see that these provisions are prop- erly observed. Sec. 3. Whenever any person, not having a residence in this city, to which he can be taken, is found laboring under any dis- ease dangerous to the public health, or necessitating immediate care, for humanity's sake, it shall be the duty of any police oflBcer of the city, or officers or members of the Board of Health who may have knowledge of the fact, to report the same at once to the President or Secretary of the Board of Health, who shall cause the removal of such sick person, by the Marshal, or other ofHcer, to the city hospital, or such other place as may be designated by the Board, where such person shall be cared for until all danger to the public health is passed, or some other au- thority relieves the city of the care in the case. Penalty. gj;c. 4. Any One failing to comply with any of the require- ments of this ordinance, or to obey all proper orders of the Board of Health for the protection of the sanitary welfare of the city, or who shall remove the small pox flag before receiving per- mission to do so from the Board of Health, or its authorized agent, shall, upon conviction thereof, be fined in any sum not to exceed twenty-five (25) dollars. Sec. 5. This ordinance to take effect from and after its passage and publication. BOARD OF HEALTH. ISoaril, bow organized. Fower and du ty of Board. Board to report to City Attor- ney. Board to re- commendmea- sures to Coun- cil. To prevent the spread of con- tagious disea- ses. AN ORDINANCE establishing a Board of Health, and defining their powers and duties. [Ordained June 18, 1867.] Section 1. Be it ordained by the Common Council of the City of Bichmond, That the three Commissioners appointed to form a Board of Health, shall meet within five days after re- ceiving official notice of their appointment, and organize by ap- pointing one of their number as President, to preside at their meetings, and a Secretary, who shall keep an accurate record of their proceedings, in a proper book to be furnished by the city. Any two of said Board shall constitute a quorum. Sec. 2. 'Said Board shall have the power, whenever they deem it necessary for the security of the health of the city, to take the most prompt and efficient means to prevent the introduction of contagious, malignant, dangerous or infectious diseases into the city, and for the immediate and safe removal to a proper place, of any person or persons who may be found therein infected with any such disease, and also to prevent the spread of such disease in said city; and it is hereby enjoined upon the Mayor, Marshal, Street Commissioner, and all other officers of the city, to be attentive, prompt, and vigilant in assisting the said Board whenever required in the performance of their duties. Sec. 3. Each and every member of the Board of Health are hereby authorized and required, on complaint, or on view, of any place or thing, which, by the ordinances of the city are declared nuisances, or injurious to the health of the city, to report the same to the City Attorney for prosecution ; and for the purpose of carrying out the foregoing requirements, each and every member of said Board shall be permitted, at all times, from the rising to the setting of the sun, to enter into any house, store, stable, or other building, and cause the floors to be raised if they or either of them shall deem it necessary, in order to a thorough examination of cellars, vaults, sinks or drains. Sec, 4. It shall be the duty of the Board of Health, from time to time, to recommend to Common Council sueh measures as the Board may deem necessary to promote and secure the health of said city, and to prevent the introduction or spread of conta- gious, malignant, dangerous or infectious diseases, and to report to the Common Council all expenses which may be incurred in the duties aforesaid. Sec. 5. The Board of Health may take such measures as they may, from time to time, deem necessary to prevent the spread of small pox and all other contagious or pestilential diseases, by is- suing an order requiring all persons in the city, or any part there- of, who have not been vaccinated, to be vaccinated within such time as they shall prescribe, and all persons refusing or neglect- ing to obey such orders, shall be liable to the penalties herein- GENERA! OUMNANCES OP THE CITY OP RICHMOND. 141 after prescribed for the violation of this ordinance: Provided, That it shall be the duty of the Board to provide for the vaccina- tion of such persons as are unable to pay for the same, at the expense of the city. Sec. 6. No person shall throw, place or couduct, or suffer his Prevention of or her Servant, child or family, to throw, place or conduct into nuisances. j^^y street, alley or lot, any putrid or unsound beef, pork, flsh, hides, or skins of any kind; or any filth, offal, manure, dead an- imals, vegetables, or any unsound or offensive matter whatever, as aforesaid, to be or remain upon their premises, or in any out- house, stable, privy, or other place owned or occupied by them, or in any alley or street in front of such premises, in such man- ner as to be oflensive to the neighborhood, or injurious to the health thereof. Fiitii not to be ^^^- '^- -^^ person or persons shall throw, place or deposit, or thrown in the cause to be thrown, placed or deposited, any manure, carrion, river. dead animals, otfal, or other putrid or unwholesome substance, or the contents of any privy, upon the banks or margin of Whitewater river, within the limits of this citj', or within two miles thereof, or into any tributary of the same, or upon any public grounds, or upon any lot within the limits ,of said city, Sec. 8. Every practising physician in the city who shall have h - ''' P^t^^^'' laboring under any malignant or yellow fever, small sicians. ^ pox or other infectious or pestilential disease, shall forthwith, within six hours, make report thereof, in writing to the Board of Health, describing the name of the street, number and local- ity of the house or place where the said patient may be loca- ted, so that it may be easily found. Sec. 9. No person shall put out, remove, or allow to be put out, Ss'to report""' amoved from the premises or place occupied or owned by him, eases. into any street, alley or other public place in said city, any per- son having the small pox or other infectious or pestilential dis- ease; but such owner or occupant shall immediately report such case to the Board of Health. Piagtohehnng ®^°- ^^- -'-* shall be the further duty of the Board of Health out. to cause a notice, such as a yellow flag, to be placed upon any house in which any person may be afflicted with small pox. No person or persons shall destroy or take down such notice, with- out permission of the Board of Health. The occupant of any house upon which such notice shall be placed, as aforesaid, shall be held responsible for the removal of the same, and if the same shall be removed without the permission of the Board of Health, such occupant shall be subject to the fine and penalty hereinaf- ter imposed for Violation of this ordinance. Sec. 11. Said Board of Health shall perform all the duties re- Duties of the quii'ed of them by this ordinance. Whenever any person or Board. persons are reported to them as being affected or sick with any pestilential or infectious disease, it shall be their duty to inquire into the circumstances of the person so affected, and if he be a pauper, then it shall be the duty of said Board of Health to notify the Township Trustee of Wayne township, of said fact, to have said pauper taken care of, or removed to some safe place. In case said Township Trustee refuses or neglects to remove said pauper, upon such notice being given, then said Board shall 142 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Board to en- force then- rules. Persons pre- vented from Introducing disease. Compensation of Board. Penaltj'. Repeal. remove said pauper to such place as thej' may deem proper, so that the health of the city may be preserved : Provided, That in no case, except with the express sanction of the Common Council, shall the city of Richmond be liable for any costs or charges incurred for attendance or medicines furnished for said pauper. Sec. 12. It shall be the duty of said Board of' Health, at le^st four times in each year, or oftener, if dii-ected by the Common Council, to make a thorough and systematic exami- nation of the city, and report the same to the Common Council. Sec. 13. Said Board of Health shall have the power to estab- lish, publish and enforce all by-laws, rules and regulations ne- cessary for exacting the observance, by all the inhabitants and visitors of said city, all such sanitary regulations and re- strictions as may be deemed bj' said Board best calculated to prevent the prevalence or spread of such diseases, as aforesaid. Sec. 14. No person shall, at any time, hereafter, knowingly introduce, aid, or assist in introducing the small pox, or any other contagious or infectious disease into said city; and no per- son occupying or using any premises or out-buildings, whatever, where there is a strong probability that it may occur, shall neg- lect or refuse to comply with any order or direction, which, by said Board, or by any member thereof, may be given, calculated to secure or promote the health of said city. Sec. 15. Said Board of Health shall each be paid an annual salary, to be fixed by the Common Council. Sec. 16. Any person who shall violate any or either of the provisions of this ordinance, or any section, clause, or provision of any section of this ordinance, or who shall neglect or fail to comply with any or either of the requirements thereof, shall, on conviction, pay a fine of not less than five dollars nor more than one hundred dollars. ^ Sec. 17. All ordinances and parts of ordinances conflicting with this, are hereby repealed. Sec. 18. This ordinance to take effect from and after its pas- sage and publication. SEWERS ANT) DRAINS. AN ORDINANCE to provide for the construction and protection of sewers and drains. [Ordained September 1, 1868.] Section 1. Be it ordained by the Common Council of the City of Richmond, That whenever the Common Council may deem it beneficial to the interests, or tlie sanitary condition of the How construe- '^^^y^ *o Construct any sewer or drain within the city limits, they ted. may order the same to be done at the joint expense of the City of Richmond and the owners of such lots or lands as may be benefitted thereby, in such equitable proportion as the Common Council, or the Board of Commissioners, appointed by the Common Council, in accordance with the general laws of the State for the incorporation of cities, may deem just and equi- table. The Common Council shall cause all such sewers and drains to be constructed by contract, to the lowest responsible By conti net. bidder, after having advertised for sealed proposals therefor, for three weeks, setting forth the manner in which such work shall be done, and the time and place where such proposals will be opened. Sec. 2. The Common Council shall, before undertaking the EstiiDiite :to be Construction of any such sewer or drain, order an estimate of made. tjje cost thereof to be made by the City Engineer, and after such estimate has been made, they shall order the Board of Com- missioners, in accordance therewith, to assess the benefits ac- cruing to the owners of such lots or lands, as maybe benefitted thereby, which assessment shall be a lien upon such lots or lands, and shall be due and payable whenever such sewer or drain is completed along the line, or adjacent to any such lots or How collected, lands; and the City Treasurer, by order of the Common Council, shall place the same upon the tax duplicate, and proceed to col- lect the same as other taxes are collected : Provided, That not to exceed ten per cent, of the value of such lot or lands, as the same is assessed and valued upon the tax duplicate for State and county, or city taxes, shall be assessed against such lot or lands meiS^^^^^^'b ^° ^^y ^'^^ ys^r; and Provided, further, That nothing in this ordered. section shall be so construed as to prevent the Common Council from ordering another assessment, if they shouldtdeem the first unjust or insufficient, after the contract for the construction of such sewer has been let. Penalty. Sec. 3. Any person convicted before the Mayor of having placed or thrown, or having caused the same to be done, any » substance, whatever, that shall obstruct the free flow of water in any sewer or drain within the city limits, shall be fined in any sum not less than one, nor more than ten dollars. Sec. 4. This ordinance shall be in force from and after its pas- sage and publication in the Humming Bird for two consecutive weeks. SCHOOL HOUSE BONDS. Preamble. Bonds to be issued. When issued. AN ORDINANCE providing for issuing bonds to aid in building a School House. [Ordained June 2, 1868.] Whereas, By an act of the General Assembly of the State of Indiana, approved March 11, 1867, it is provided that any city or incorporated town, in this State, shall have authority, on pe- tition of school trustees, to issue bonds to aid in the erection of school buildings; and Whereas, The School Trustees of the City of Richmond have reported to the Common Council that they are about to commence a school building, and that the funds in their hands are insufficient to complete the same, and ask an appropriation of bonds to the amount of fifteen thou- sand dollars to aid them in erecting said building: therefore. Section 1. £e it ordained by the Common Council of the City of Bichmond, That for the purpose of aiding in the erection of a school building on the public square, in said city, in accord- ance with the plans and specifications heretofore exhibited to the Common Council, the issue of fifteen thousand dollars of the bonds of said city is hereby authorized — said bonds to be payable in not less than one, nor more than four years from the date of their issue, at a rate of interest not exceeding ten per cent, per annum, the interest payable annually. Sec. 2. Said bonds shall be issued from time to time, as may be required for the purpose for which they are intended, and shall he in denominations not less than one hundred dollars, and shall be negotiated and sold under the direction of the Council. Sec. 3. This ordinance shall be in force from and after its passage. NUISANCES AN ORDINANCE to prevent nuisances, and for the abatement o f the same. [Okdajned August 6, 1867.] Dead animals not to remain in limits of city. Outbuildings not to become flUhv. Putrid matter not allowed on the streets. Unwholesome liquids not al- lowed iu the city. Nothing un- wholesome to be thrown in the riyer. Drying hair. Abating nui- sance. Section 1. Be it ordained by the Common Council of the City of Sichmond, That no person or persons, being the owner or own- ers of any dead animal or animals, or who, not being the owner or owners of such animal or animals, shall kill the same, and shall ijermit, allow or suffer such animal or animals to remain within the limits of tlie city of Richmond longer than six hours after the death or killing of the same: Provided, That the own- er shall not be required to remove any animal killed by another person. Sec. 2. No person or persons occupying any house, or a part of any house, or who shall have control of any house, out-house, garden, back .yard, cellar, privy, stable, or pig pen, within the limits of the City of Richmond, shall suffer, permit or allow the same to become filthy or unwholesome, or annoying to any of the inhabitants of such city. Sec. 3. No person or persons shall throw or deposit, permit or sufiier any child, servant, or other person under his, her, or their control, to throw or deposit anj' putrid or unsound vegeta- ble or animal matter, or any filthy, noisome or unwholesome substance, or any such matter or substance that is likely to be- come noisome or unwholesome, into, or upon any street, lane, alley, pavement, common, lot or cellar, within the limits of the City of Richmond; nor shall any person or persons suffer or permit the flow of any noisome or unwholesome liquid or slops of any kind, or any liquid or slops that may be likely to become offtensive or unwholesome, into any street, pavement, gutter, alley, common or lot within such city limits. Sec. 4. No person or persons shall throw, place or deposit, or cause the same to be done, anj' manure, carrion, dead animal, offal, or any putrid, noisome, or unwholesome sulastance, or the contents of any privy, within or upon the banks of Whitewater river, or any of the tributaries of the same, within the limits of the City of Richmond, or within two miles thereof. Sec. 5. No person or persons shall, within the limits of the City of Richmond, spread or expose for the purpose of drying or curing the same, the hair of any dead or slaughtered swine. No person shall throw or deposit any manure, of any kind, and permit the same to remain more than twenty-four hours, on any street, lane or alley within the limits of the City of Richmond. Sec. 6. If any person or persons, at the time of such convic- tion, or notification, shall refuse to abate the nuisance complained of, and to put such premises in proper sanitary condition, or shall neglect or fail, within the time specified, to do the same, the Mayor shall order every such nuisance to be abated under the direction of the City Marshal or the Street Commissioner, 146 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Cost and ex- pense; how col leoted. Penalty. Notice to City- Marshal. Council may fill up drains. Expense to be lien on proper ty. Assessments. Penalty. Repeal. at the expense of the person or persons causing, j)ermitting, or suffering the same. Sec. 7. If the cost and expense of abating such nuisance, and putting such premises in proper sanitary conditiou, shall not be paid by such person or persons, within twenty (20) days after the same shall have been abated, all such cost and expense, with ten per cent, damages, together with the costs of suit, may be recovered from such person or persons, in an action at law for such expenses, costs and damages. Sec. 8. After any person or persons shall have been convicted before the Mayor, of having caused, suffered or permitted any nuisance prohibited by this ordinance, or which may be declared to be such by the Common Council, or the Board of Health of said city, or shall have been properly notified of the existence of such nuisance, and to remove the same, every such person or persons shall abate such nuisance complained of, within one d&j, unless granted further time by the Mayor or the Common Council. Sec. 9. Whenever any nuisance is complained or reported to the City Marshal, by the City Council, or the Board of Health, he shall forthwith proceed to notify the person or persons caus- ing, suffering, or permitting any such nuisance to exist to abate the same, and to put his, her or their premises in proper sanitary condition within five days, and such notice shall be in writing, and served by reading or leaving a copy at the last place of resi- dence of the person or persons so sought to be notified. Sec 10. The Common Council may fill up or drain any lot or parcel of laud, or a part of any lot or parcel of land within the limits of the City of Richmond, or within one mile thereof, upon which there may be, or from which there may fiow any stagnant or noxious water, which, in the opinion of the Board of Health, shall be, or may become injurious to the health and comfort of the city, and the expense of filling up or draining such lot or parcel of land, shall be paid by the owner or owners thereof, and the same shall be a lien on such property until paid, and if not paid within thirty days after such work has been completed, such expense, together with the cost of suit, may be recovered ■ from such owner or owners in an action at law for the recovery of the same : Provided, however, that not to exceed ten per cent, of the value of such lot or parcel of land, as the same is assessed upon the tax duplicate, for city purposes, shall be expended in filling up or draining the same, in any one year. Sec 11. If any person shall be convicted before the Mayor of having violated any section, or a part of any section of this ordinance, or of having failed to perform any of the require- ments of the same, every such person shall be fined in any sum not less than five, nor more than thirty dollars. Sec. 12. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, shall be, and the same is hereby repealed. Sec 13. This ordinance shall be in force from and after its publication in the Richmond Palladium for two consecutive weeks. Notice to giTcn. be SALE OF LOTS AND LANDS. AST ORDINANCE providing for tlie time of sale of lots and lands for delinquent taxes. • [Ordained July 21, 1868.] Section 1. Be it ordained by the Common Conncil qfthe City of Bichmond, That the City Treasurer shall, at least twenty days before the first Tuesday of October in each year, give notice in some newspaper printed and published in said city, that he will, on said first Tuesday in October, at 10 o'clock, A. M., proceed to sell, at public auction, at the door of the Council Chamber, in said city, all lots or lands, or so. much thereof as may be neces- sary to make the tax, penalties, interest and costs thereon, as provided for in section thirty-eight of the city charter. Sec. 2. This ordinance to be in , force from and after its SUSPENSION BRIDGE. Penalty. AN OEDINANCE to protect the wire suspension bridge over White- water river. [Oedained Febkuary 16, 1869.] Section 1. Be it ordained by the Common Covncil of the City of Bichmond, That if any person shall injure or deface, in any man- ner, whatever, the wire suspension bridge over Whitewater river, in the City of Richmond, or shall swing or cause said bridge to ribrate in a manner calculated to injure the same, every such person shall, on conviction thereof before the Mayor, be. fined in any sum not exceeding twenty- five dollars, together with costs of suit: ro-vided, however. That nothing contained in this ordi- nance shall be so construed as to prevent persons from passing and re-passing over said bridge in a usual or ordinary manner. Sec. 2. This ordinance shall be in force from and after its passage and publication, for two consecutive weeks, in the Hum- ming Bird. BILLIARD AND BOWLING SALOONS AN OEDINANCE for the purpose of licensing billiard saloons and bowling alleys. [Ordained September 5, 1868.] Section 1. Be it ordained by the Vommon Council of the City To be licensed. "-^ Bichmond, That it shall not be lawful for any person or per- " sons, within the corporate limits of the City of Eichmond, to establish or keep, or bj' agents to establish or keep any billiard saloon or bowling alley, commonly known as a nine or ten pin allej"-, without first having procured from said corporation a li- cense permitting the same to be done as hereafter provided. Sec. 2. The Mayor shall issue to any inhabitant desirous of Mayor to issue establishing or keeping a billiard saloon within the corporate license. limits of said city, a license for such purpose, upon the receipt of payment therefor, for so doing, at the rate of fifty dollars ($50,) per annum, and ten dollars for each additional table over four; and to any inhabitant desirous of establishing or keeping a bowling al)ey within the corporate limits of said city, said Rate. Mayor shall issue a license for such purpose, upon the receipt in payment therefor at the rate of twenty-five (25) dollars per annum for each double alley, and fifteen (15) dollars for each single alley. Sec. 3. Beit further ordained, That if any person or persons shall establish or keep, or by agent or agents establish or keep billiard saloon or bowling alley within the corporate limits of Penalty. said city, without first having obtained license according to the provisions of this ordinance, shall, upon conviction, be fined not exceeding twenty-five dellars, with costs of prosecution, and each day such billiard saloon or bowling alley shall be kept open shall constitute a new and separate offense. Sec. 4. This ordinance shall be in force from and after its passage and publication. BREACHY CATTLE. AN ORDINANCE prohibiting breachy cattle from running at large iu the City of Richmond, and to repeal an ordinance entitled an ordinance prohibiting^ cows from running at large at night in said city. [Ordained June 18, 1867.] SECTion 1. Be it ordained by the Common Council of the City o_f Bichmond, That it shall be unlawful for the owner or owners of Not to run at anj breachy cow, bull, steer or heifer, or cows, bulls, steers large. or heifers, to permit the same to run at large within the corporate limits of the Citj- of Eichmond; and any person so offending, shall, on conviction, be fined in any sum not less Penalty. than one, nor more than ten dollars for the first offense, and for each subsequent offense, for the same animal, in any sum not less than two, nor more than twenty dollars. Complaint, Sec. 2. Whenever any person shall complain to the Mayor of said city, and make affidavit that any owner or owners of such breachy animal or animals, are permitting the same to run at large, within the limits of said city, he shall issue process to the Marshal to bring the owner or owners of said animal or animals before him to answer an action of debt for the aforesaid penalty, and to take up and impound said animal or animals. Duties of Mar- Sec. 3. It shall be the duty of the Marshal, or any member of s a an o ice ^j^^ ^j^.^ p^jj^g^ ^^ ^g^jjg ^p j^jj^j impound any such animal or ani- mals that, upon proper trial, have been adjudged to be breachy, and are found running at large, or wrongfully, within any field or enclosure within the corporate limits of said city, and to re- port the same to the Mayor, who shall issue process, as in sec- tion second. Sec. 4. That the words "cow or cows," or any of the animals described in the foregoing section, be and they are hereby in- ConstiBction serted immediately after the word "swine," whenever it occurs in wor s. sections three, four, five, six and seven of an ordinance entitled an ordinance prohibiting hogs from running at large in the city of Eichmond, and the said sections be and they are hereby incor- porated in, and made a part of this Ordinance. Sec. 5. That an ordinance entitled an ordinance prohibiting Repeal. cows from running at large at night, in the City of Eichmond passed and approved January 1, 1867; and an ordinance entitled an ordinance to amend an ordinance entitled an ordinance prohibiting cows from running at large at night in the city of Eichmond, passed and approved March 19, 1869, be and the same are herebf repealed. ' Sec. 6. That this ordinance shall be in force from and after its passage and publication. ANIMALS RUNNING AT LARGE. AN ORDINANCE to preveut hogs, goats and geese from running at, large within the City of Richmond. [Ordained September 3, 1867.] Not to run at SECTION 1. Be it ordained by the Common Council of the City of large. Bichmond, That it shall be unlawful for the owner or owners of any hog or hogs, shoat or shoats, or of any goat or goats, or of any goose or geese, to permit or allow the same to run at large, within the limits of the City of Richmond; and if any person or persons shall violate this section of this ordinance, every such person shall, on conviction before the Mayor, be fined in any sum not exceeding five dollars : Provided, however. That the person Proviso. gQ offending may prove by competent testimony, on the trial, in bar of any action for such penalty, that such swine, goats or geese, were so at large without the fault or neglect of the per- son or persons so offending. Sec. 2. It shall be the duty of the City Marshal, or any mem- shaVandP^ice ^^J" of the police force, to take up and impound any swine, goats or geese found running at large within the limits or said city, and give immediate notice thereof to the City Attorney, who shall, thereupon, file a complaint against the owner or owners of such swine, goats or geese, so reported before the Mayor, who shall immediately issue a warrant, as in other cases, to have the owner or owners brought before him to answer an action for the aforesaid penalty, and the officer impounding such swine, goats or geese, shall be allowed twenty-five cents per head for the same^ to be collected as costs, as in other cases. Sec. 3. If, upon the hearing of such cause, the Mayor shall ^ uties o ay- ^^^ ^^ ^^^ opinion that said person should not be fined, he shall render judgment accordingl3% aud give such person a certificate of the fact, which shall be sufficient authority for such person to demand his said swine of said Marshal; but if the said person should be fined for said offence, it shall be the duty of the said ■ Mayor to issue his precept to said Marshal, commanding him, in the name of said city, to sell said swine, goats or geese, or any part thereof, to make said fine and costs. Marshal to sell S^^- ^- I* shall be the duty of the said Marshal, whenever any precept to sell, as aforesaid, is directed to him, forthwith to pro- ceed to sell, according to the command thereof, he first giving due notice, by ringing the auctian bell, in some of the principal streets of the said city, and notifying the citizens, by public out- cry, ot said sale; and the person purchasing at said sale, shall ; take the said swine, after paying for the same, absoljitely; and if such swine are not sold, or if sold and not paid for, said Marshal may go on from day to day, ofl[ering the same, until such sale is made; and'if there is an overplus, after paying said fine and costs, the same shall be paid to the original owner of said swine. ANIMALS RUNNING AT LARGE. 151 Marshaisofeed ^^^- ^- ^^ ^^^^^ ^® ^^^^ *^"ty of said Marshal to feed said swine' animals. goats or geese, while the same may be in his custody, for which he shall be allowed the fee given by the laws of the State for keeping live stock ; and in no case, whatever, shall the certificate of the Mayor, or any authority, authorize such person to have or demand said swine of said Marshal, until such person has , fully paid or tendered to said Marshal his fees for keeping said swine, goats or geese, which fee shall be ascertained and allowed as is prescribed by the laws of this State. Sec. 6. If any person shall fail or refuse to pay said Marshal Marshal to sell his said fees for keeping said swine, goats or geese, it shall be for costs. lawful for the said Marshal, after he shall have had said swine in his keeping for five days, to sell the same for the fees aforesaid, giving notice as is prescribed in this ordinance. Sec. 7. If the owner or owners of any swine, goats or geese ta- when owner ken up by the Marshal, can not be found, or are unknown, so that IS not found, ^jjg pi-Qcess conteiriplated in the second section of this ordinance can not be served on him, her or them, it shall be the duty of the Marshal to put up a notice, in three conspicuous places in this city, describing therein the swine, goats or geese so taken up, and requiring the owner to appear and answer an action for the breach of said by-laws; and df, after the expiration of fiive days from the date of said notice, the owner shall not appear and show cause, the Marshal shall then proceed to sell said swine, goats or geese, as in other cases in this ordinance, to make the costs incurred in such taking up, keeping, advertising and sale, sur^iis\nto*^ he paying the overplus, if any, of such sale, into the city trea- City treasury, sury, taking the treasurer's receipt for the same; and-it shall be at the discretion of the Council, at any time thereafter, on cause shown, to refund said overplus to the owner or not. Sec. 8. This ordinance shall be in force from and after its passage and publication, for two consecutive weeks, in the Eioh- mond Palladium. CITY MEASURER. AN ORDINANCE establishing the office of City Measurer, and de- fining his powers and duties. [Ordained December 5, 1867.] Section 1. Be it ordained by the Common Cquncil of the City of Richmond, That at the first regular meeting after the an- connc-i to ^^al election in May, for city officers, they shall elect some elect suitable person who shall act as City Measurer for •Said city, and who shall hold his office for the term of one year, or until his successor is elected and qualified, and before entering upon the discharge of his duties, he shall take and subscribe an oath, to be filed with the Gty Clerk, to perform faithfully and impar- 152 GENEUAL ORDINANCES OK THE CITY OF RICHMOND. Duties of City Measurer. Compensation. Ilules for mea- surement. Penalty. tially all the duties of his office; and he shall be liable to be dis- missed at any time for misconduct in oflSce. Sec. 2. It shall be the duty of the City Measurer, whenever called upon by any or either of the parties interested, to proceed without delay, to measure all carpenter, painter, mason and plasterer's worlf, within the limits of the City of Richmond, and to make out a correct statement of the amount of such work, to which he shall attach his official certificate, and deliver the same to the party requesting such measurement, or to both, if re- quired, and for his services he shall receive one dollar for an}' job not requiring more than two hours' time, and fifty cents for each additional hour required, said fees to be paid by the parties employing said measurement. Sec. 3. All such work shall be measured according to the es- tablished rules for the measurement of the same. Sec 4 Any person who shall interfere with such City Mea- surer in the lawful discharge of his duties, shall, on conviction thereof, before the Mayor, be fined in any sum not exceeding twenty dollars, together with the costs of prosecution. Sec. 5. This ordinance shall be in force from and after its passage, and publication in the Richmond Palladium for two successive weeks. FLAGMAN AT DEPOT. AN ORDINANCE establishing flagman at Fort Wayne avenue. [Okdained August 20, 1867.] Section 4. Be it ordained by the Common Council of the City Flagman. of Richmond, That the different railroad companies running trains into or through said city, shall keep a flag-man at the crossing of their respective roads at Fort Wayne avenue, during Penalty. train hours, or while switching trains by said companies, and any railroad company convicted before the Mayor of said city of having failed to comply with the provisions of this ordinance, every such company shall be fined in any sum not less than five (5) dollars, nor more than twenty-five (25) dollars. Sec 2. This ordinance to be in force from and after its pas- sage and publication in the Richmond Palladium for two con- secutive weeks. BOARD OF PUBLIC IMPROVEMJINT. AN ORDINANCE providing for the appointment and compensation of a Board of Public Improvement, and defining its duties and powers. [Ordained April 22, 1867.] Commissioners SECTION 1. Be it ordained by the Common Council of the City to be elected of Richmond, That it shaJl be the duty of the Common Council at their first meeting after the election in May, 1867, and annu- ally, thereafter, to elect, by a ballot vote, from among its own members, three Commissioners of the Board of Public Improve- ment of the City of Richmond, who shall serve for one year, or until their successors are elected and qualified. Sec. 2. Such Board of Public Improvement shall meet the When to meet. £,.34 Monday in each month, and, whenever they may deem it necessary, at an office to be provided by the Common Council, and shall have power to select from their own members, a Pres- ident of the Board, who shall serve one year. Uevk. Sec. 3. The City Clerk shall be the Clerk of such Board, but shall receive no additional compensation for such services, other than the fees fixed and authorized by this ordinance. Sec. 4. Said Clerk shall attend all meetings of the Board of Duties of aerk puijjjjj Improvement, and record their proceedings, keep the proper accounts and other books pertaining to his office, care- fully preserve all papers, profiles or plats filed in his oflSce, and and make such report to the Common Council, in writing, as the Board of Public Improvement may direct, and issue, under his certificate and seal, all permits or licenses which he may, bv the ordinance of the Common Council, and the orders of the Board of Public Improvement be required to do, and. keep a register thereof. Seo. 5. The said Board shall have the immediate charge of DutiesofBoaid ^^^ execution of the orders of the Common Council relative to the, construction and repairs of public buildings, market houses, bridges, culverts, cisterns, sewers and drains ; the improvement of streets, alleys, sidewalks, parks, market spaces, and public grounds; the lighting of the sti'eets, and the construction and management of water works: Provided, Said Board shall first submit their plans, with an estimate of the cost of any propo- sed work, to the Common Council, and receive its approval; Proviso. g^jj^ Provided, further. They shall not, in any case, incur any expenditures for any of the objects herein named, except under and by virtue of the express authority of the Common Council. Sec. 6. The said Board shall require its Clerk to keep correct Dntiesof Board accounts of all expenditures incurred by them, or by any officer of the city, acting under their instructions, by order of the Common Council, in the execution of any public work which they may be authorized to superintend or control, and thej' shall, through their Clerk, make monthly reports to the Com- mon Council, of all such expenditures. 154 GENERAL ORUINANCES OF THE CITY OF RICHMOND. Officers to le- port to Board. Duties ot En- gineer. Applications to be made to tJoiincil. Compensation of Board. Building per- mits. Clerk's fee. Permits to dig away earth. How permits are granted. Sec. 7- It shall be the duty of all officers of the city who may be ordered by Council to do or have done any work of the char- acter named in the fourth seetion of this ordinance, to report to said Board for instructions, which instructions the said officers shall strictly conform to, unless the same shall be inconsistent with their duties, as defined by the general charter, or the ordi- nances of the Common Council; they shall also make reports of their expenditures and operations, and file the same with the Clerk of the Board of Public Improvement. Sec. 8. The Civil Engineer of the city shall project and lay before the Board of Public Improvement, plans for the con- struction or repairs of public buildings, market houses and bridges, and of all improvements of streets, alleys, sidewalks, culverts, parks, market spaces, sewers and drains, and of all other public works of said city which may be in contemplation, or which he may deem necessary for the public good and con- venience, together with the estimated cost of the same. All ap- plications for public improvements shall first be made to said Council, and then shall be referred to said Civil Engineer and Board of Public Improvements, who shall report thereon to said Council, adding to such report the plans and estimates of such as may be approved, and such other improvements as they may think fit to recommend. The said Board shall receive and present for the approval of said Council, all proposals for con- structing or repairing any public work. They shall examine and consider all plans proposed for any market house, bridge, public building, sewer, or other public work, and report to said Council such of said plans as may be approved, together with the estimates of the whole cost thereof, and their opinions and recommendations concerning the same. Sec. 9. Each Commissioner of said Board of Public Improve- ment shall receive, in addition to his pay as Councilman, two dollars for every day he shall actually attend the meetings of said Board, to be paid semi-annually, as other oflScers of the city are paid, and the City Clerk shall issue his order upon the Trea- surer upon proper certificate of the President of the Board of Public Improvement that such services have been rendered. Sec. 10. From and after the sixteenth day of June, 1867, it shall not be lawful for any person or persons to erect, construct or build, or cause to be erected, constructed or built, any brick, iron, stone or wooden building, barn or stable, out-house or shed, or any house or building, barn or stable, out-house or shed, composed partly of brick, iron, stone, or wood, or to alter such building so as to make it substantially a new building, without first obtaining a written permit from said Board of Public Improvement, attested by the certificate of the Clerk of said Board; the party receiving such permit shall pay to the Clerk a fee of twenty-five cents for each certificate issued in pur- suance of any order of said board. The said Board shall also have the power to grant permits to drive across sidewalks, or to dig away earth from the same, to enable builders to transport building material, or to excavate cellars, under such restric- tions as the Board may see proper to require. Sec. 11. When any person or persons shall be desirous of BOARD OF PUBLIC IMPROVEMENT. 155 Houses not to be removeci without per- mission. Board to issue such permits. Permits tospe- city streets, &c Obstructions not allowed. Penalty. Clerk to keep register. erecting, constructing or altering any house or building, he or they shall make application to the Board of Public Improve- ment for a permit for that purpose, and he or they shall be re- quired to furnish a written statement of the proposed location, the dimensions and manner of construction of the proposed edifice, together with the different stories, and the materials to be used in such house or building, and the probable cost of the same. Sec. 12. It shall not be lawful for any person or persons to remove, or attempt the removal of any frame or wooden house or building, from any point within the city limits, to any other point, either within or outside of the city limits, without first having obtained a permit from said Board of Public Improve- ments. Sueh permit shall specify the time within which, and the points from and to which such removal shall be made. The Board of Public Improvements shall, in no case, issue a per- mit allowing the moving of any framed or wooden house across any bridge over Whitewater river. The Clerk of the Board of Public Improvement shall issue all such permits, when ordered by the Board, attesting the same by a proper certificate, and shall be entitled to charge a fee of twenty-five cents for each cer- tificate so issued. Sec. 13. All permits issued by the Board of Public Improve- ment, or its Clerk, for the erection, construction or alteration of an3' house or building, shall particularly specify the amount in the street upon the line of which such proposed house or build- ing fronts, to be occupied by the builder with building materi- als: Provided, That no permit shall be issued allowing the use of any greater space than one-half the street in front of the lot to be improved. No permit shall be issued allowing the placing of building materials upon any alley, in such manner as to ob- struct the free passage of vehicles. Sec. 14. Any person who shall erect or construct any house or building, or alter any house or building, so as to make the same substantially a new building, or who shall remove any framed or wooden building from one point in said city to any other point therein, without first obtaining a permit, as required by sec- tions 9, 10, 11 and 12 of this ordinance; or any person who shall fail to comply with the specifications or requirements of such points, as to thp space to be occupied with materials, or who shall fail to comply with any requirements of this ordinance, shall, upon conviction thereof before the Mayor, be fined in any suir. not less than five, nor more than fifty dollars. Sec. 15. It shall be the duty of the Clerk of the Board of Public Improvement to keep a register of all applications for permits to construct, repair or remove buildings, showing the size, description, and estimated cost of the same, the date of application for, and the date of granting each permit; and the Board of Public Improvement shall cause to be prepared there- from, and reported to the Common Council, at its first meeting in April of each year, a statement showing the number and cost of all buildings authorized to be constructed, together with such other statistical information as it may see fit to present. Sec. 16. The Chief Fire Engineer shall have full power to in- 156 GENERAL OKDINANCES OF THE CITY OP RICHMOND. Fire Engineer spect all buildings in course of erection, or when completed, taudwl^s' and report to the Board of Public Improvement; shall notify the owners thereof, and require them to construct the same in such manner as to make them safe from fires, by correcting de- fective flues, or from falling down, bj strengthening the walls or otherwise. Sec. 17. This ordinance to be in force from and after its pas- sage and publication for two successive weeks in the Richmond Palladium. Board, how composed. Board to make appointments. Special Police- men. PoliceDistricts Police rorce. Clerk to issue Certificates. POLICE. AN ORDINANCE establishing and regulating the police force of the City of Richmond. [Ordained August 23, 1870.] Section 1. Be it ordained by the Common Council of the City of Bichmond, That there shall be a Board of Police established, consisting of the Mayor and two members of the Common Coun- cil of said city, such members to be selected by the Common Council at their first annual meeting in May. Sec. 2. Such Board of Police shall make all appointments of oflBcers and members of the police force of said city, and prescribe rules and regulations for the government of the same, and shall have power to remove any officer or member of such police force for any neglect of duty, or for any violations of the rules and regulations prescribed for the government of the same: Provided, That the Common Council may, at any time, revise, alter or amend such rules and regulations. Sec 3. The Board of Police shall, whenever they may deem it necessary for the public interest, or to preserve peace and good order, appoint special policemen, who shall be governed by the same rules and regulations, and be invested with the same power and authority as the regular police force. Sec. 4. Each ward of said city shall constitute a police dis- trict, and each district shall bear the same number as the ward constituting the same. Sec 5. The police force of said city, shall consist of a Chief of Police, and such number of privates, as the Common Council may, by resolution, at any time authorize. Sec 6. Upon the appointment of any officer or member of said police force, it shall be the duty of the City Clerk to issue him a certificate of such appointment, and upon receiving the same, such person, so appointed, shall, before entering upon the discharge of his duties, take and subscribe an oath to support the constitution of the United States, and the constitution of the State of Indiana, and to faithfully and impartially discharge the duties that may devolve upon him as a member of such police force, which oath shall be endorsed upon his certificate of appointment, and filed with the City Clerk. POLICE. 157 Compensation of Policemen, Sec. 7. The compensation of the police force shall be fixed by the Common Council, annually, at the first regular meeting thereof, after the city election, and such compensation shall not be diminished during the year. ^ - 1 P 1- . ^^^- ^- Special policemen, to serve as such at theaters, and men'" ° "^" Other places of amusement, at hotels at depots, and in the fair grounds, and at other public places and establishments, may be appointed by the Police Board, at the request or the owners or managers of such places, but they shall receive no pay from the city; and such special policemen shall be subject to the police ordinance, as far as applicable, and such rules and regulations as the Police Board may adopt; and each and every appoint- ment may, at any time, be revoked by the Police Board. Sec. 9. All ordinances and parts of ordinances in oonfiict ■with the provisions of this ordinance, are hereby repealed: Provided, That the Board of Police shall remain as at present constituted until the expiration of their term as such ; and Pvo- vided. That the officers and members of the present police force shall be continued as such, subject to removal and discharge, as in the rules and regulations therefor prescribed. Sec. 1 0. This ordinance shall be in force and efiect from and after its passage. Repe.ilipg. Proviso. ABOLISHIl^G OFFICE CITY ATTOENFY. AN ORDINANCF to amend an ordinanee entitled "An Ordinance declaring the officers of the Uity of Klchmond, the mode of their election and term of office." [Okdained May 20, 1869.J Section 1. Be it ordained by the Common Council of the City of Bichmond, That so much of section one (1) of an ordinance entitled "An ordinance declaring the officers of the City of Richmond, the mode of their election, and term of office," passed and approved December 30, 1866, as provided for the election of a City Attorney, and section thirteen (13) of said ordinance, defining the duties of City Attorney, be and the same is hereby repealed, and the office of City Attorney abolished. Sec. 2. This ordinance to be in force from and after its passage. MARKETS. Section 4 re- pealed. Begulating. Penalty. Sections 1 and 8 repealed. AN ORDINANCE to amend an ordinance entitled "An ordinance regulating markets and market days in the City of Richmond, and for the appointmont of a Market Master in the City of Rich- mond. [Ordained September 5, 1868.] Section 1. Be it ordained by the Common Council of the City of Bichmond, That section four of an ordinance entitled "An ordinance regulating markets and market days, and for the ap- pointment of a Market Master in the City of Richmond, is here- by repealed, and the following substituted : No grocer or other dealer in fruits, vegetables, poultry, or other provisions, shall purchase anj' article in -market, during market hours, except for the use of his own family; and if anj"^ person shall purchase in market,' during market hours, any article of provisions in which he or she deals, it shall be taken as prima facia evidence of the intention to resell the same. Any person violating the provis- ions of this section, shall be fined in any sum not exceeding twenty-five dollars. Sec. 2. If any person shall buy or sell, or cause to be bought or sold, any article of provisions, corn, oats, or other article in- -endedfor sale at such market, which shall have arrived within the limits of this city, at such market place, before the hours of opening market, every person so ofiending shall, on conviction thereof, before the Mayor, be fined in any sum not exceeding twenty -five dollars. Sec. 3. That sections seven and eight, of'the same ordinance, be and are hereby repealed. Sec. 4. That this ordinance shall be in force from and after its passage and publication for two consecutive weeks in the Rich- mond Palladium. SHADE TREES. AN ORDINANCE providing for planting and maintaining shade trees along the streets and sidewalks in the City of Richmond. [Oedained August 23, 1866.] Section 1. Be it ordained by the Common Council of the City of Bichrnond, That whenever a majority of the owners of lots or parts of lots on any square fronting on any street or common within said city, shall petition the Common Council to have, shade trees planted and maintained at any said square, it shall be the duty of said Common Council, by resolution, to reqnire the owners of all lots and parts of lots on said squ&re, fronting on said streets or common, to plant and maintain such shade trees; such resolution to distinctly specify the number and kind of trees to be planted, the manner of maintaining the same, the maintainhig notice to be given the owners of lots and parts of lots, and the shade trees, time in which the same shall be completed; said work to be done in accordance with the provisions of an ordinance regula- ting and protecting streets and sidewalks, gutters and shade trees, passed December 5, 1867, and under the direction of the Committee on Streets: Provided, That the Common Council may, whenever they deem it for the best interest, comfort and convenience of the citizens of said city, by a vote of two-thirds of the members thereof, cause said improvement to be made as aforesaid, without such petition. Sec. 2. In case the owner or owners of such lots or parts of lots shall fail, neglect or refuse to comply with the provisions of such resolutions of the Common Council, aforesaid, after hav- ing been duly notified, it shall be the duty of the Committee on Streets to cause said improvement to be made as in the resolu- tion provided, and when the same is completed, the costs thereof shall, by said committee, be apportioned among the said owners, and a report thereof made to tbe Common Council; aud in case any of said owners of lots and parts of lots shall fail, neglect or refuse to pay his, her or their proportion of such costs, the Common Council shall cause precepts to be issued for the col- lection of the same, in the same manner as is provided by law tor street improvement. Sec. 5. All ordinances, and parts of ordinances in conflict herewith, are repealed, and this ordinance shall be in force from and-after its passage. , FEMALE PRISON. AN OKDIKAIfCE providing for the imprisonment of female persons charged with, or convicted of violations of the ordinances of the City of Kichmond. [Okdained January 17, 1871.] Prison estab- lished. Females to be taken there hereafter by Police. Mayor to com. mit females. Compensation, Section 1. Be it ordained by the Common Council of the City 0/ Bichmond, That the institution known as the "Home for the Friendless," situated in this city, is hereby declared to be a city prison, for the confinement and safe keeping of such female per- sons as may be arrested for, or convicted of violations of anj' ordinances of said city, and, so far as the same may be applica- ble, the laws governing county jails shall be the law of such pris- on, and subject to the rules and regulations prescribed by the managers of said institution for the government of the same. Sec. 2. Whenever any female person shall be arrested upon a chai'ge of having violated any ordinance of said city, such fe- male person shall, in case the Mayor's court is not in session, and in default of proper bail, be confined in said prison at the "Home for the Friendless," until the next session of said Court. Sec. 3. "Whenever any female person has been tried and con- victed before the Mayor, of having violated any ordinance of said city, and the Mayor shall adjudge imprisonment as the whole or a part af the sentence in such case, he may, in his discretion, commit such convict to said prison at the "Home for the Friend- less," for such period as is prescribed by law for imprisonment in the county jail. S'EC. 4. As a compensation for the safe-keeping, care, manage- ment and boarding of such prisoners, the managers of said "Home for the Friendless." shall receive from said city the sum of one dollar per day, for such prisoner, for every day such pris- oner shall have been confined therein, according to the law and the judgment of said court; such compensation to be paid out of the city treasurj', upon the allowance of Common Council, of itemized bills therefor, duly approved by the Mayor. Sec. 5. This ordinance to be in force and effect from and after its passage. BONDS GAS COMPANY Bonds to lie issued. ^^^^™^^^^^ Pro'^'ding for the issuing of the Bonds of the Citv of Bichmond to the Richmond Gas Light and Coke Company, for the purpose of laying additional gas mains and pipes in said city. [Okdained May 17, 1870.1 Section 1. Be it ordained by the Common Gouncil^ of the Citi/ ef Bichmond, That in pursuance of an ordinance of said Coun- cil, passed April 25, 1870, and of a resolution thereof, passetl June 21, 1870, the Committee on Finance, of said Council, are hereby authorized and empowered to prepare and deliver to the Richmond Gas Light and Coke Company, twenty bonds of the denomination and value of five hundred dollars each, witli proper coupons or interest warrants attached, payable to said Company, or order, at the banking house of Winslow, Lanier & Co., in the City of New 'York, with interest thereon, at the rate of seven per centum, per annum, payable semi-annually, on the first days of July and January, of each year, one half of said bonds to be payable on the first day of July, 1871, and the re- mainder on the first day of July, 1872, which bonds sliall bo signed by the Mayor of said cit^', and the seal of said city thereto afflxed, and shall be countersigned by the Clerk of said city, and bear date July 1, 1870, and sliall be in the following- form, viz : No if 500.00. United States of Ameuica, State of Indijvna, City of Richmond. ijomi. Seven per cent, bond issued to the Richmond Gas Light and Coke Company, of the City of Richmond, in pursuance of an or- dinance of said city, passed and approved on the 21st day of June, 1870, by authority of the statutes of the State of Indiana. The City of Richmond, in the State of Indiana, hereby ac- knowledges that said city owes and agrees to pay to the Rich- mond Gas Light and Coke Company, or bearer, five hundred dollars, payable at the banking house of Winslow, Lanier & Co., in the City of New York, on the 1st day of July, 187- with in- terest thereon, at the rate of seven per centum, payable semi- annually, on the 1st days of July and Januarj', of each year, upon the presentation and surrender of the proper coupons or interest warrants hereto attached, until the principal shall have been paid. This bond, together with the interest thereon, to be paid without relief from valuation or appraisement laws. This bond is one of a series of twenty like bonds issued by said, city to said Company, in pursuance of the authority aforesaid, and the faith of said City is herebj' pledged for the payment, with 1(>2 GUNERAL ORDINANCKS OF THE CITY OF RICHMOND. the interesc thereon, and for which purpose the necessary taxes shall be levied and collected by said city. In witness whereof, and in pursuance of said ordinance, the Mayor of said city, has hereunto set his hand, and affixed the seal of said city, and the Clerk of said city has countersigned the same, at said city, this the 1st day of July, 1870. > ; Mayor of the City of Sichmond Countersigned and^registered : How delivered , Clerk of the City of Jiichmond. Sec. 2. Such bonds, when so executed, shall be, b^' said Fi- nance Committee, delivered to the said Company, or their duly authorized agent, when said Company shall have delivered to the Mayor of said city an obligation properly signed by the of- ficers of said Company, in the following words and figures to- wit: Richmond, July 1, 1870. The Richmond Gas Light and Coke Company hereby agrees that, in consideration of the execution and delivery to them by the City of Richmond, of twenty bonds of said city, amounting in the aggregate to the sum of ten thousand dollars, with seven per centum interest thereon, as authorized and described in an ordinance of said city, passed the 21st day of June, 1870, to proceed as soon as practicable, aud without unnecessary de- lay, laj"^ down additional gas mains and pipes within said city, at the places designated in a resolution of the Common Council, passed June 21, 1870, and subject to, and in conformity with the provisions of an ordinance passed by the Common Council of said city, on the 25th day of April, 1870, and entitled An Ordi- Company." "' n^nce investing the Richmond Gas Light and Coke Companj-^ with the privilege of furnishing gas to the city, and to the in- habitants of the City of Richmond, upon certain conditions therein named; and said Company further hereby agrees, for the consideration aforesaid, to repay to said city said sum of ten thousand dollars, with interest thereon at the rate of seven per centum, per annum, payable semi-annually, and until said bonds are due, and at the rate of ten per cent, thereafter, until the said city has been fully reimbursed for the principal and interest of said bonds; said payment to be made by said Company in gas furnished said city for public lamps, as provided in the ordin- ance, aforesaid, which said gas shall be furnished said city, from and after this date, until said principal and interest is fuUy paid; and to secure the faithful and full performance of this obliga- tion) said Company has this day delivered to the Mayor of said city, twenty thousand dollars of the capital stock of said Com- pany, as collateral, to be returned to said Company on the full performance of this obligation ; and said Company further agi-ees that the said city shall have and hold a lien on the gas works and appurtenancco of said Company, to secure the faithful and full performance hereof, as in said ordinance provided, and ac- cording to law. BONDS OP GAS COMPANY. 163 In witness whei'eof, the President of said Company has hereto set his hand, and tlie seal of said Company, this the 1st day of July, 1870. President Michmond Gas Light and Coke Compani/. . Skc. 3. This ordinance shall be in force and effect from and after its passage. ALLEYS. AST ORDINANCE to establish an alley running from Vine to Fiftli streets. [Ordained July 2, 1867.] Section 1. Be it ordained by the Common Council of the City of Eichmond, That an alley beginning on Vine street, at the southeast corner of lot No. 8, as laid out by Bickle & Laws, and running parallel with Fort Wayne Avenue, across the south east end of lots No. 9, 7, 6, 5, 4, 3 and 11, until it intersects with Fifth street, shall be and the same is hereby established and declared duly opened. Sec. 2. Said alley shall be ten feet wide, and shall be improved at the expense of the petitioners and other property owners along the line of said alley. Sec. 3. This ordinance shall be in force from and after its passage. ESTABLISHING AND VACATING STREETS AND ALLEYS, AN OEDINANCE declaring the opening of a certain alley in C Bond's addition to the city. wiiith nt alley SECTION 1. Be it Ordained by the Common Council of the City of Richmond, That an alley, sixteen and a half fe^t wide, is herebj' declared open along the west line of lot No 6 of C. Bond's addition to the City of Richmond, Wayne county, Indi- ana, beginning at Walnut street, and running south to the north i.oc:itioii. gjj^ Qf a^n alley, sixteen and a half feet wide, laid out by the administrator of J. Moorman's estate, the length of said alley hereby declared open is ninety -four feet. Sec. 2. This ordinance to be in force from and after its passage and publication. AN ORDINANCE, entitled an ordinance to establish the western boundary of Front street, north of Main. Section 1. Be it ordained by the Common Council of the City iiiuyotFi'rat of Richmond, That the western boundary of Front street, north •itieet. of Main street, shall be a continuation of the line of the west side of Front street, south of Main street, until it intersects the west line of Front street, north of and near Main street. \'iicatBy the Common Council of the City iiortii of M.-iiii. of Richmond, That the west line of Front street, at its junction with Main, on the north side, be, and the same is hereby estab- lished twenty-five (25) feet east of the last line of lot No. 35, as laid off and recorded in James K. Dtgdale's addition to the cit}^ and thence running north in a straight line till it intersects the west side of Front street, as now established. Sec. 2. To be in force from and after its passage and publi- cation. Passed and approved April 3, 1860. AK OKDINANCE to vacate an alley in I. E. Jones' addition. . Section 1. It is hereby ordained by the Common Council of Hiiey.''''"'" ** the City of Richmond, iTh'at a certain short alley running from Centre street, east, between lots No. nineteen and twenty, on the north side of said fllley, and lot No. twenty-five on the south side of the same, in I. E. Jones' addition, be, and the same is hereby declared vacated from said Centre street, east, to its in- tersection with another alley. Sec. 2. This ordinance to be in force from and after its pas- sage and publication. Passed and approved July 3, 1860. \'!ltiltCll. aN ordinance declaring vacant certain alleys, and establishing others in their stead, in that part of the City of Richmond, laid out by Robert Morrisson. Section 1. Be it ordained by the Common Council of the City "ufs vMatcd' of Richmond, That the alley on the north side of lot No. four, eys ^acj c . _^ ^^^^ ^^^^ ^^ ^^^ ^.^^ ^^ Richmond, laid out by Robert Morris- son, running west from Green street, to an out Igt belonging to Caleb Shearon; also, the alley between lots numbered two and three in said Morrisson's addition, running north from Main street to said lot No. 4, be and they are hereby declared vacant, i-ocatiou otai- Sec. 2. And be it further ordained, that Joseph Howells, Rich- icys lain out. jjj.^ Byj-lt and Caleb Shearon, be, and they are hereby authori- zed to open an alley on the north side of lot No. 4, running west, as above; also, an alley between lots numbered one and two, running north from Main street, to said lot No. 4. Wiiith of ai- Sec 3. Be it further ordained. That said alleys be of the same ''■^ ''■ width that they now are : the first mentioned alley, fifteen feet wide, and the latter ten feet wide. Passed and approved, October 17, 1848. 166 Part vacated. Description of ihange. Preamble. Petition. GENERAL OKDINANCES OF THE CITY OP KICHMOND. AN" ORDINANCE to change the location of Jackson street. Section 1. Be it ordained by the Common Council of the City of Richmond, That so much of Jackson street as lies between Main and the second alley south (and parallel with,) be, and the same is hereby vacated. Sec. 2. Be it further ordained that in lieu of the ground heretofore occupied as such street, the following described is substituted in its stead, to-wit : Commencing at a stake at the northeast corner of lot No. two, and running west fortj^ feet, to the first alley, (south;) thence in an angling direction througli the most suitable ground, to the southwest corner of lot No. three; thence, in the same direction until it intersects the orig- inal street — the same width as above, (forty feet.) Reference being had to the plat accompanying the petition, will more fully appear. Sec. 3. This act to be in force from and after its passage. The following preamble accompanied the foregoing ordi- nance : "Whereas, A petition praying for a change in the location of Jackson street, signed by Christian Buhl, Basil Brightwell, Thomas O'Hara and Joseph McCoy, the proprietors of the g^round through which the proposed street or change in street will run, has been presented to the Common Council, there- fore, &c. The following is a copy of the plat referred to in the fore- going ordinance, and, also, the petition above referred to in the preamble : [For plat, see ordinance book, page 152.] To the Mayor and Common Council of the City of Richmond: Your petitioners respectfully show to you that to change the location of Jacksou street, so as to run it through lot No. 3 on the west side, and through the east side of lot No. 2, would be a great saving in the grading of said street, and a great conven- ience to the lot holders adjoining said street, therefore, your petitioners respectfully request that you will make such change in the street, and your petitioners will remain. Yours, [Signed] Christian Buhl, Basil Brightwell, Thos. O'Haka, Jos. McCoy. Passed and approved, November 6, 1849. AN ORDINANCE declaring the width of Marion street. Width of St., Section 1. Be it ordained by the Common Councir of the City of Richmond, That Marion street be, and the same is here- by declared to be seventy (70) feet wide, from South street, north to its intersection with Front street or Fort "Wayne Av- enue. Repealing. Sec. 2. That all Ordinances or parts of ordinances heretofore passed, be and the same is hereby repealed. STREETS AND ALLEYS. 167 Sec. 3. This ordinance to be in force from and after its pub- lication. Passed and approved May 6, 1856. AN ORDINANCE establishing the width of Marion street, south of Main. Section 1. Be it ordained by the Common Council of the City wiiith south of Eichmond, That Marion street, from Main street, to its *""' ■ southern terminus, be sixty-six (66) feet wide. Sec. 2. This ordinance to be in force from and after its pas- sage. J Passed and approved Jan nary 11, 1859. AN ORDINANCE for the continuation of an alley fifteen (15) feet wide, running west from Green street, between the lands of Jesse Coffin and Edward Conner, and others. wiiith oi alley SECTION 1. Be it Ordained by the Common Council of the City of Richmond, That the alley now opened and running west from Green street, between the lots of Jesse Coffin, Edward Conner and others, be continued west fifteen (15) feet wide, through the lands of David P. Grave, the Eichmond Gas Light and Coke Company, and others, to a point two hundred and sixteen (216) feet from the southwest corner of Edward Conner's Lot. Sec. 2. This ordinance to take effect and be in force from and after its passage. Passed and approved December 4, 1855. AN ORDINANCE to prevent encroachments on streets and alleys in the City of Richmond, and to protect the same. Section 1. Be it ordained by the Common Council of the iiow t-1 asier- ^.^^ ^^ Eichmond, That, for the purpose of preserving uni- formity in the width of streets and alleys, as now located, and that may hereafter be located, any person or persons intending to improve their lot or lots, bordering on any street or alley, shall apply to the City Engineer to locate their corners. Sec. 2. That the corners so established by the City Engineer • ■.MiiiMs. shall be considered b}' the city authorities, as the boundaries of all streets and alleys adjoining their property. Sec, 3. Any person failing to comply with the requirements I'eii.Hity. of Section 1st of this Ordinance, shall on conviction thereof, be fined in any sum not exceeding twenty dollars, to be recovered by suit in the name of the City of Eichmond. Sec. 4. This ordinance to be in force from and after its pub- lication. Passed and approved May 6, 1856. 1G8 STREETS AND ALLEYS. AN OEDIUANCE to establish and locate the boundaries of an alley between Front and Washington streets, anil vacate a part of said alley. Location. Sec. 1. Be it ordained by the Common Council of the City of Richmond, That ttie west side of the alley now runninfj' north and south, between Front and Washington streets, shall be fixed at a point eightj'-five feet east from the east side of Washington street. .,r- ,.u .■ ,1 Sec. 2. That the width of said alley shall be sixteen (16) Width ot alley. „ , j . \ / feet. Sec- 3. That all that part of said alley lying west of the lino Part vacated, described in Section 1, of this ordinance, be, and tlie same is hereby declared vacated. Sec. 4. This ordinance shall be in ftirce from and after its publication. Passed and approved May 6, 1856. AN ORDINANCE opening the north end of Marion street, declaring its width, and changing the name thereof. Sectiou 1. Be it ordained by the Common Council of the Name of street City of Eichmond, That Marion street, as recorded on the plat of said city, be and the same is hereby declared open from Cliff street north to its intersection with Washington avenue. Width of street Seo. 2. That the name of so much of said street as lies north of Cliff street, is hereby changed from Marion to Gaar street. Sec. 3. That said Gaar street shall be fifty (50) feet wide, from Glift street to Washington avenue. Sec. 4. This ordinance to be in force from and after its pub- lication. Passed and approved August 5, 1856. Description. AN ORDINANCE describing the western line of Fort Wayne ave- nue, and establishing the width thereof. Section 1. Be it ordained by the Common Council of the City of Richmond, That the western line of Fort Wayne avenue, be on a straight line from the stone post standing at the southeast corner of Robert Williams' lot, (formerly John H. Hutton's) to the east side of Homey & Co.'s plow shop, and from thence making a slight angle east, to the east side of the last building on the street, a frame shop owned by Mahlon Jones. Sec. 2. Be it further ordained, That the said avenue be sev- mieT" "" "'" enty (70) feet wide on the east side of the above described line, from Marion street to the Friends' burying ground. Sec. 3. This ordinance to be in force from and after its pas- sage. Passed and approved January 11, 1859. Width of ave- bun&As. STKEETS AND AttEYS. I'G'S) AJSr OllMlf AlirCte to attfeManOrdlnsltee eiiUltlecl au ordinance to cdtrtittue an allfiy ttitit 14 now 16eated west bt' ttie public grave ^raWl, sAd laid E«!. 4 This ordjnapcQ to \m in feflce fpqia ju>d sfter its pub- Hoafion. Passed and approved May 6, 1851. AN OEDrNTANCE to provide for the opening of Fraflklin street, be- tween Walnut and Sycamore streets. Sectiom 1. Be it ordained by the Common Conncil of the City ^^..^ij,j^^i.^jj.^^i. of Richmond, That that part of Franklin street, teetween Wal- nut street and Sycamoi?e street, not heretofore opened and es- tablished, be, and the same is hereby opened and established, of the same wiuilth as that part ntM>th of Walaut and saath of Syca- more streets. Sec. 2. Be it further ordained. That any expense incurred in Kxpense. opening the above street, shall be paid by the petitioner^, to be ascertained in the manner prescribed by the ordinance govern- ing the same. Sec. 3. This ordinance to be in force from and after its pas- sage and publication. Pasged' and approved May 6, 1851. ^VkHIi of St. AN ORDINANCE antboriziug the opening and locating of Smith street. Section 1. Be it ordained by the Common Council of the City of Eichmond, That the petitioners praying for the opening of Smith street, be and they are hereby authorized to open and locate twenty (20) feet on the south side of lots numbered four (4) and' Ofle hfH-ndre«l and ft>ur (104) in that part of the city of Richmond laid out by John Smith, and' shall fun from Pearl to Marioin streets, and at right angles with those streets. Sec. 2. Be it further ordained. That said grounds, when .NiinRM)fstveet.Qp(,^g(.i^ shall be styled and known as "Smith street," and shall be also iiijiidev the direction and control of the Mayor and Com- mon Council of said city. Sec. 3. Be it further ordained, That the expense or damage jr:x))L-u»c. (if *°y) incurred in opening said street, shall be paid by the petitioners. Ss,c- 4. This ordinance to be in force from anct after its pub- lication. Passed an^ apiirove^ S^.ept^mber 3, 185;0- AN QKiDINANCli t.j pi'cwi«Je for tlw cxteosioB of N«¥(il». Pearl street. Section J . Be it ordained by the Common CoHneflf of the City widuioisu-eet'^,'^' ^i^^fnO'i'l' That Pearl street, Tbe, and tbe same is- hereby de- clared to l)e opened' and established, sistj-sis f 66) feet wide, north, and in a 8*raight line with that pa*t of ' safd eitreet north of Main, from its present terminus on Front street, llhrough the STREETS AND ALLEYS. 173 lauds of the Methodist Church and others, until it intersects the line of Washington street, as lately provided to be opened. Sec. 2. That any expense incurred in opening said ex'tension of Pearl street, in the waj"^ of damage to the owners of lands Kxpensc. through which it passes, or otherwise, shall he paid by the per- sons petitioning t© have the same opened. Sec. 3. Be it further ordained, That if the petitioners do not pay the damages as above provided, within six months, then this ordinance shall be considered as repealed. Sfc. 4. Tj'^is ordiaaBoo to be in fojce from aud after its pub- lication. Passed ajid approved July 1, 1851. AN ORDIN ANCE to provide for the extension of Korth Pearl street. Secttou 1. Be it ordained by the Common Council of the City of Richmond, That Pearl street be, and the same is hereby Width of street ^gj.jg^j.g^j ^^ Y)e Opened and established sixty-six (66) feet wide, northward, from its present terminus on Front street, through the lands of the Methodist Church aud otliei;s, until it intersects the st,i:eet lEtid oot by Jes^e Iden, run^iing e^^t ^T^d west, com- monly called Vine street. Sec. 2. Th?it any expenses ;i^Qurred in opening said extension Teimiiuis o^ Pearl street, in the matter of damages to the owners of land through which such extension jnay pass, shall be paid by the persons pelirtio-ning for the same. SSec. 3. Be it further ordained, That if the petitioners do not pay the damages a^ above provided, which may be awarded to Bnpense. property hol'dters on said exfenston, wfthin six months from the passage of this ordinance, then this ordin^ce shall be consid- p««wiBo, gj.g^ ^g repealed and of no effect. Sec. 4. That this ordioance shall be in fbrce from and after its passage. Bssoed and approved Julj' 5, 1852. AN O.RDINANC:^ s^^'^ting; the I^chwtoud Bpi4gp and Pike Compa- ny- the privilege or coflstructing ^ bridge across Wljitewater. SsoirioN i. Be it oufdaiafid by the Oammion CoBBei'li of the City of EJKfluasiQud, That the P»esid»nt amd' liinectors of the Rich- itight of wii.Y. mQjj^ BjiidgP anclToimpdke Company, toe, and aire hei>eby granted ib^ TJighik of waiy to aoastRucis a liH-idge aeross Whitewater, near fehePapej? Mill Sec. 2. This ordinnuce to take effe^ ft-oaw an'd after its pas- Passed and approved, Februaiy ttt, M&i. ALLEYS VACATED. AN ORDINANCE to vacate an Alley. [Ordained December 5, 1865.] Sec. 1. Beit ordained by the Common Council of the, City o/Bichmond, that the Alley running North and South along the West side of the Robinson Machine Shop from Main Street to the first Alley running East and West (along the North end of said shop) be and the same is hereby vacated. Sec. 2. This ordinance to be in force from and after its pas Sec. 3. The petitioners are to pay all expenses attending said vacation. AN ORDINANCE to vacate an Alley in that part of the City of Richmond, Indiana, laid out by Charles W. Starr. [Ordained December 5, 1865.] Whereas, a certain alley running North from Main Street in the Cityof Richmond, between lots No. 123 and 124 in Charles W. Starr's addition thereto, being between Sixth and Seventh Streets, until it intersects an alley running East and West, was, about the year 1858 declared by the Common Council of the City of Richmond upon proper proceedings duly vacated, but the ordinance never having been entered upon the "Books of Ordinances," and no oflScial record thereof provided, and as said alley has since then been closed up and taken up into the original lots, on the belief that the same was legally vacated, and to settle any controversy that might hereafter arise on ac- count thereof. Therefore, Section 1. It is hereby ordained by the Common Council of the City of Bichmond, that a certain Alley running North from Main Street in the City of Richmond, between lots No. 123 and 124 in Charles W. Starr's addition thereto, being between Sixth and Seventh Streets until it intersects an alley running East and West, be and the same is hereby declared vacated from Main Street North to its intersection with an alley running East and West. Sec 2. This ordinance to be in force from and after its pas- sage and publication. ALLEYS VACATED. 175 AN ORDINANCE vacating a certain Alley in E. Starr's addition to the City. [Ordained August 2. 1864.] Sec. 1. Be it ordained hy the Common Council of the City of Richmond, that so much of the alley between the lots No. 353, 354, 393 and 394 in E. Starr's addition to the City, be and the same is declared hereby vacated, on condition that as much of lot 363 above mentioned, be opened for a public alley on the North side running from said North end of vacated alley East to Tenth Street. AN ORDINANCE to vacate a certain Alley. [Okdained July 5, 1865.] Be it ordained by the Common Council of the City of Bich- mond. That the Alley running North and South between and parallel with Eight and Ninth Streets, be vacated from Broad- way to Mulberry Streets. This ordinance to take effect from and^after its passage and publication. AN ORDINANCE to vacate an Alley in Charles W. Starr's addition. [Ordained August 1, 1865.] Section 1. Be it ordained by the Common Council of the City ofBichmond, that a certain Alley running from Main street, North, between lots numbered seventy-one (71) and seventy-two (72), in that part of the City laid out by Charles W. Starr, be and the same is hereby declared vacated. Sec. 2. This ordinance to be in force from and after its passage and publication. DUTIES OF MARSHAL. AN OSB Or On warrant, and bring to jusfioe, all felons and disturb- Mars-Uai. errS of the pe»ce^ and violators of tbe Ordinances of the City; to suppress all riotsi, affrays, and unlawful assemblies, and in other acts generally, to keep the peace of the City ; and in dis- charge of his duty, in any way whatever, he may call to his aid May call as- ^^^^ assistance as may be necessary: And any person who sistance. shall refuse to comply with the reasonable requisitions of the Marshal in his duty sball, on cOnViction, 6jrfeit a^d pay a sum, not less than one, or more than five dollars for each offense to be Penalty for re- collected as a;n actioh of debt for the use of the City. Sec. 4. It shall be the duty of |;he Marshal to examine all s*^^!*toiine sti-eets, alleys, lots and out buildings yritliin the limits of the s reeta, City, at least once every three months, a'tid siiafl a/lso examine Shaiiorder *^* pretnises of any person, when notice shall be.given him of nuisamcestobe the exiistence of nuisanefe, and shall order tbe removal of all remoTBd. such as may come under his notice; ^ud onfailuxfe of such per- same to^ 'Sbil <« peTSOhs to remove th« same, he iJhaH forthwith remove it removed.^ at the expense of the owner ot occupant of the j^remises where- Where no re- ^^ found; and in all cases where no one can be found, to whom sponsible par the cause of such uuisauce can be justly charged, the same ty IS found. ^^^^l be removed at the expense of the City ; and report the con- dition of all these things at every sitting of the Council. Sec. 5. It shall also be his duty to ascertain that all keepers of Taverns, Coffee-Houses, or any other establishment wherein Shall see that liquoi's are retailed, or keepers of Top Horses and Jackasses, hive U(fense°°^foJ" ^^^ purpose of letting to Mares; or the venders, hawkers, or pedlars of goods, wares, or merchandize, books and jewelrj', horses, or other stock of any description at public auction; or any person using any portion of any street or alley for the pur- pose of building; or the exhibitors of any Show, Caravan, Menagerie, Circus, Theatrical, or other exhibition, for money, have paid into the Treasury, and taken out a license or permit V for the same. shau best'vg't ^^'^- ^- ^® shall, by vii'tue of his office, be the Sergeant-at- -at-arms. arms of the Council; and it shall be his dutv to attend the NUMBERING HOUSES. 177 Penalty for tailiire to dis- charge duties. Council during its sittings ; it shall also be his duty to notify the members of the Council, and the Clerk, of the day of each special meeting. Sec. 7. For any neglect of any of the above described du- ties, he shall, on conviction, pay any sum of not more than five dollars. NUMBERING HOUSES. K!nKineer to inaKB m^p. IiOt«, how numbered. Business rooms. Oertiflcate of Engineer. Compensation. PigU re-plate. Plates ex- ehanged. Gas lamps to be painted with names of streets. AN ORDINANCE providing for the numbering of Lots and Houses, in the City of Richmond. [Okdained Novembek 17, 1868.] Section 1. Be it ordained by the Common Council of the City of Richmond, That the City Civil Engineer is hereby in- structed to make a map, or plot of all streets, avenues and pub- lic places, that shall be designated by the Committee on Streets, and shall assign a number to each lot or pait of lot fronting all such streets, avenues, or public places in the City of Richmond. Sec. 2. , Such lots shall be numbered progressively as follows: On all streets running East and West, the numbering shall be- gin at the western terminus of such street. All streets running North and South, the numbering shall begin at Main street, or the terminus nearest thereto. AH lots being numbered in such manner that even numbers shall be on the opposite side of the street. Sec. 3. All business rooms occupying twenty front feet of ground, or any fraction less, shall be assigned a number, and lots occupied for dwellings, or vacant lots, shall have a number assigned for every twenty or twenty-five feet of ground, front- ing on any street or avenue. The record of such numbering in the Engineer's books shall be evidence of the respective num- bers, or designations aforesaid. Sec. 4. No owner, or person shall affix a street number to any building without having first obtained from the City Civil Engineer, a certificate designating the proper number so assign- ed to the lot on which such building is situated. Sec. 5. To provide for the payment of Maping the City, the City Civil Engineer is hereby instructed to issue to each owner of lot or lots, on application, a certificate of the proper number or numbers so assigned, receiving of such applicant the sum of twenty-five cents for each number so designated, the En- gineer paying the amounts so collected to the City Treasurer. Sec. 6. Each of the figures on such numbered plate, shall be not less than three inches in length, and placed in some con- spicuous place on the building. Sec. 7. On presentation of the certificate of the City En- gineer to the City Numberer, he shall receive, and exchange free of charge, the number which is on the building, provided the same be not defaced, or rendered unfit for use again. Sec. 8, The Committee on Streets shall cause the names of all streets, avenues or public places to be painted on the glass of 178 GENERAL ORDINANCES OF THE CITY OF RICHMOND. the City Gas Lamps of such streets, and where there is no gas, the name to be painted on a board and placed in a conspicuous place on the corner. 8ec. 9. This ordinance to be in force from and after its pas- sage. * Note — Supplementary ordinance ante p. 1 77. PREVENTION OF FIRES. Fire limits. Prohibited buildings. Penalty. Duty of Mar- shal. Mayor to issue warrant. Re-location of buildings. Penalty. Depradations at fire. AN ORDINANCE for the prevention of Fires. [Ordained September 4, 1866.] Section 1. Be it ordained bj- the Common Council of the City of Richmond, That no person shall erect, or cause to be erected, on any lot, or part of lot in said City, being in the space in said City enclosed by the following named boundaries, to-wit : Commencing at the corner of Walnut and Front streets, thence east along Walnut street to Eighth street, thence north on Eighth street to Main, thence east on Main to the corporation line, thence north on said corporation line to East Broadway, thence west on said East Broadway, to Spring street, to Front street, thence south on said Front street to the place of beginning, anj^ building, or addition to any building heretofore erected, unless the outer walls thereof be composed of brick or stone, with mortar, and any person violating the provisons of this section shall, on conviction before the Mayor, be fined therefor in any sum not exceeding fifty dollars ; and for each and every day's continuance of said violation after the first conviction, the oflFender may be fined by the Mayor, not less than ten nor more than fifty dollars; Provided, however, this section shall not ap- ply to privies less than ten feet in height. It shall be the duty of the Marshal whenever any such building, or addition to any building, has been erected in violation of the above pro hibition, to report the same to the Mayor, showing the descrip- tion and the situation of the building, or addition, and the time it was erected; and the Mayor shall thereupon issue his warrant to the Marshal, to take down, or remove such building or ad- dition so erected in violation of this section. Sec. 2. Whenever any such framed or wooden building, heretofore erected within the limits defined in the preceding section, shall be removed, the same shall not be re-located with- in said limits, but shall be removed without the same; and any person convicted before said Mayor, of having re-located such building within said limits, shall be fined therefor, equally as for the first erection of such building, and such building shall be removed as in the preceding section provided. Sec. 3. If any person shall, at any fire in said City, plun- der, embezzle, convey away, or conceal any goods or property, and shall not within twenty-four hours after such fire, make delivery, or give information of the same to the owner or owners thereof, if known or otherwise, to the Chief Engineer, Marshal PREVENTION OF FIRES. 179 or some member of the Council, and when, under the circum- stances, such act may not amount to a larceny, or to the offense of receiving stolen goods, knowing them to have been stolen, Penalty. ^^^^ person shall, on conviction of such offense before the Mayor, be fined in any sum not less ^han five, nor more than fifty dollars. Throwingcom Sec. 4. Any person who shall throw, or fire any squib, cracker, proMbited****'''""*''^^*' °'" ^'"^ works, or any ball set ou fire, in said City, shall, on conviction for such offense before said Mayor, be fined therefor in any sum not exceeding ten dollars, and any person who shall sell to any minor in the City, any fire crackers, squib or rocket, or any other fire works, shall, on conviction before the Mayor, be fined in any sum not exceeding fifty dollars. Any Arrangement person using a stove pipe in said City for burning of fuel, and of stovepipes, ^jjo shall neglect to cause the same, in its passage through any woodwork, to be made secure from occasioning ignition, or who shall place any stove pipe so as to discharge smoke into any public street or alley, shall, on conviction before the Mayor of being guilty of either of such offense, be fined therefor, in any sum not exceeding twenty dollars. , tf fl ^^' ^' ^^^ person firing, or causing to be fired, on any ?omS«tibies? street, alley, lot or yard, in said City, any shavings, hay, straw or other conbustible material, between sunset of one day and daylight of the next morning, shall, on conviction of such of- fense before said Mayor, be fined therefor, in any sum not ex- ceeding ten dollars. Sec. 6. If the Marshal or either of the Police deem any M,us?^e'tob ^^^ ^^^' °^ fciii<^led on any street, alley, or lot of said City, crea- removed. tive of danger, he shall cause the same to be removed, or ex- tinguished, and the person having set, or caused to be set, and refusing on the order of officers aforesaid, to remove or extin- guish the same forthwith, shall, on conviction of such offense before the Maj'or, be fined in any sum not exceeding fifty dol- lars. Sec. 7. Any owner, or occupant of any house in said City, Removing where shavings may be made or accumulated, shall cause the shavings. same to be removed and carefully burned as often, at least, as once in six days, and in failure to do so, on conviction before the Mayor, be fined in any sum not exceeding five dollars. Sec. 8. The City Engineer shall give five days, written notice givenoticefor to the Owner, or owners of any building by him deemed danger- removal. Q^g from decay, want of repairs, or any other cause, to alter, re- pair or remove the same, setting forth briefly in such notice the particular repairs or alterations to be made, and if said owner or owners be not residents of said City, said Engineer shall have such notice posted up in at least five public places therein. Sec. 9. If, after five days, the owner or his agent shall not pro- ceed to repair, secure or remove the building or edifice, and make the same secure with reasonable dispatch, the Engineer Bn|ineertei^ shall report to the Mayor the condition of the building or edi- ma <, ™nn ^^^^ .^^ sltuatiou aud danger apprehended, the Mayor, upon be- ing satisfied by said report, or otherwise, of the aUeged danger to the public, shall issue his warrant to the Engineer to take down or remove said building or structure, which he shall exe- male report. 180 GENERAL ORDINANCES OP THE CITY OP RICHMOND. Liable to ac- tion. irunpowdcr. Penalty. Penalty for keeping gun- IMJwder. Gunpowder, how to be kept. Lighted can- dles prohibited when. Cembustibles prohibited in oertainpliuses. Itepeal. cute accordingly, and the owner shall be liable to an action to be brought in the corporate name of the City for the amount of the expense. Sec. 10. The Chief Fire Engineer of the City is hereby re- quired to search any building standing in a compact portion oi the City, and in which there is cause to suspect the keeping of gunpowder in a quantity greater than twenty-five pounds, and in case of such discovery, in such quantity, it (shall be seized by such Engineer and removed to some safe place, and it shall be his duty to prosecute the owner or occupant of the building be- fore the Mayor, and the defendant, upon being convicted for the offense, shall be fined in any sum not exceeding fifty dollars, and costs of the removal of said powder. Sec. 11. Any person who shall keep, or knowingly suflfer to be kept, in any building, any quantity of gunpowder, greater than twenty-five pounds, or who shall aid in, or have knowledge of such keeping without giving immediate notice thereof to said Engineer or Marshal, be fined in any sum not exceeding ten dollars. Sec. 12. All gunpowder, kept in quantities for retail, less than twenty-five pounds, shall at all times be kept in a tin or other metal canister, securely covered from danger of fire, or if the same be kept in a cask or other combufetible vessel, such cask or vessel shall be enveloped in a close leather bag; and any person convicted before the Mayor of a violation of this section, shall be fined in any sum not exceeding ten dollars. Sec. 13. If any person shall use in any livery or other sta- ble, carpenter shop, or feed store, containing hay or straw, with- in said City, any lighted candle or other light, without having secured the same within a tin or glass lantern, or shall smoke T^ithin, or bring into such stable, shop or store, a lighted cigar or pipe, or fire cracker, he shall, on conviction before the Mayor, be fined in any sum not exceeding twenty dollars. Sec. 14. No person shall keep, or permit to be kept in the rear portions of store rooms, or warehouses, any haj', straw, or other combustible material. Any person violating the pro- visions of this section, shall, on conviction before the Mayor, be fined in any sum not exceedins; twenty-five dollars. Sec. 15. That all ordinances and parts of ordinances, con- flicting with the provisions of this ordinance, be and the same are hereby repealed. Sec. 16. This ordinance shall be in force from and after its passage and publication. * Amended ante p. 123. RAILROAD BONDS. Preamble. >»reamble. I'reanible. AN ORDINANCE providing for tlie subscription by the City of Richmond to the Capital Stock of Cincinnati, Richmond & Fort Wayne Railroad Company, and issuing of the Bonds of said City in payment thereof. [Oedained March 2, 1869.] Whereas, The Common Council of the City of Richmond, at a regular meeting held on the 4th day of November, 1868, passed a resolution proposing to subscribe One Hundred Thou- sand Dollars of stock to the Cincinnati, Richmond & Fort Wayne Railroad Company, and issue the bonds of the City therefor without any restrictions, or conditions, other than that there shall be a sum, together with the City subscription, sub- scribed to the capital stock of said Railroad Company, equal in amount to the estimated cost of preparing said Road for the iron, including ties and laying track from Richmond to Fort Wayne, Indiana. And, Whereas, The said Railroad Company having solicited a further and additional subscription of Twenty Thousand Dol- lars, by said City of Richmond, to the capital stock of the said Cincinnati, Richmond & Fort Wayne Railroad Company, all pay- able in the Bonds of said City, and. Whereas, In the opinion of the Common Council of said City of Richmond, the construction of said Road will be large- ly beneficial to said City, and the interest of the people of said City, desired that such subscription be made in order to secure the sure and speedy completion of said Road. Therefore. Sec. 1. Be it ordained by the Common Council of the City of Richmond, That the Mayor of said City be and is hereby authorized and empowered to subscribe in the name of said Mayor to sub- City, One Hundred and Twenty Thousand Dollars, ($120,000) scribe for stock to the Capital Stock of said Cincinnati, Richmond & Fort Wayne Railroad Company, to be paid in the Bonds of said City, as specified in the following section. Sec. 2. And be it further ordained, that the Mayor and Clerk of said City, cause to be printed One Hundred and Twen- ty Bonds with proper coupons or interest warrants attached, calling for One Thousand Dollars each, and payable to the Cin- cinnati, Richmond & Fort Wayne Railroad Company, or bearer, Twenty Years from date, with interest thereon, at the rate of seven and three-tenths per centum per annum, payable semi- annually on the fifteenth days of September and March of each year, which Bonds shall be in the form following : No... • *1.000. United States of America, State op Indiana, City of Richmond. KOTO of Bond, g^^^^ ^^^ three-tenths per cent. Bond, issued on subscrip- tion to the Capital Stock of the Cincinnati, Richmond & Fort Bonds to be prepared. 182 GENERAL ORDINANCES OF THE CITY OF RICHMOND. Wayne Railroad Company, authorized by an ordinance of said City, passed and approved on the 2d day of March, 1869, in pursuance of law. The City of Richmond, in the State of Indiana, acknowl- edges that said City owes and hereby agrees to pay, the Cincin- nati, Richmond & ' Fort "Wayne Railroad Company, or bearer. One Thousand Dollars, payable on the fifteenth day of March, 1889, at the office of the Treasurer of said City, in said City, with interest thereon at the rate of seven and three-tenths per centum per annum, payable semi-annually on the fifteenth days of September and March of each year, upon the presentation and surrender of the proper coupons hereto attached, until the principal shall have been paid. This Bond with the interest thereon, is to be paid without relief from appraisement laws. This Bond is one of a series of one hundred and twenty like Bonds, of one thousand dollars each, issued on a stibscription by said City, to the Capital Stock of the Cincinnati, Richmond & Fort Wayne Railroad Company, authorized by> an ordinance of said City, passed in pursuance of law, and the faith of said City is hereby pledged for the payment thereof, with the interest thereon for which purpose the necessary taxes shall be levied and collected by said City. In witness whereof, and in pursuance of said ordinance, the Mayor of said City, has hereunto set his hand, and caused the seal of said City to be affixed, and the Clerk of said City, has countersigned the same at said City, this A. D., 1869. Mayor of the City of Richmond. Countei'signed and registered, Clerk of the City of Richmond. Which Bonds and Coupons when so printed shall be signed by the Mayor of said City, and countersigned by the Clerk disposcfi'or thereof, and upon said Bonds being so signed as aforesaid, the same shall be placed on special deposit in the Citizens' Bank of said City, subject to the order of the Mayor and Common Coun cil, to be delivered to said Cincinnati, Richmond & Ft. Wayne Railroad Company, or its duly authorized agent upon adducing the evidence that the amount of the Capital Stock subscribed is equal in amount to the estimated cost of preparing said Road for the iron, including ties and laying the track from Richmond to Fort Wayne, and upon the delivery to the Mayor by said Com- pany of the proper certificates of the stock subscribed, as here- in provided. Sec. 3. And it is further stipulated that the said Railroad Company shall bind themselves to expend the money derived How money to from the aforesaid Bonds, on the south end of the road, com- beexpended. mencing at Richmond, and that, in consideration of the addi- tional Twenty Thousand Dollars subscribed, the main machine shops and offices of the Road, shall be located at Richmond. Sec. 4. This Ordinance to be in force from and after its pas- AMENDING OKDINANCE. 18:'. Amending See', aa. AN ORDINANCE amending the twenty-second section of an ordi- nance entitled "an ordinance to preserve peace and good order, to prevent vice and immorality, to define certain crimes and misde- meanors, and prescribe the punishment thereof," approved August 23, 1870* Section 1. Be it ordained by the Common Council of the City of Richmond, That the twenty-second Section of an ordinance entitled "An ordinance to preserve peace and good order, to pre- vent vice and immorality, to define certain crimes and misde- meanors, and prescribe the punishment thereof." Approved August 23, 1870 be and is hereby amended so as to read as fol- lows: That it shall be unlawful for any person or persons owning, controlling or attending to any billiard room or billiard table to piay^^erthe Permit or allow any person under the age of twenty-one years to a^^otja years play or play at any game of billiards or other game unless the "" ""'^ """ parent or guardian of such minor shall in writing give his or her permission for such minor to play or play at such game or games. Any person violating the provisions of this ordinance shall up- on conviction before the Mayor, be fined in any sum not exceed- ing twenty-five dollars. Sec. 2. This ordinance shall be^ in full force and effect from and after its publication in the Democratic Hekald. Passed and approved this 7th day of March, A. D. 1871. * See Sec. 22, ante p. 72. wiUiout per- mit. SlittU l)e lined. INDEX OF SUBJECTS, A. ACCEPTANCE OF GAS COMPANY ;p 99. ALLEYS; p 164. ALLEYS VACATED; p 174. AMENDMENTS TO THE CHAETEK: p48. ANIMALS RUNNING AT LARGE; pl60. B. BONDS SALE OP FOE SCHOOL PUR- POSES; p 53. BONDS SCHOOL HOUSE; pl44. BONDS SINKING FUND ; p 124. BONDS GAS COMPANY; p 138—161. BONDS RAILROAD; p 120—121—181. BONDS MALFEASANCE AND TRIALS; p90. BOAED OF PUBLIC IMPROVEMENTS; p 13*— IBS. BOARD OF HEALTH; p 140. BILLIAED AND BOWLING SALOONS; pl4S. BILLIARDS MINORS PREVENTED FROM PLAYING AT; p 183. BOUNDARY OF THE CITY; p 67. BOUNDARY OF WARDS; p 68. BRIDGE SUSPENSION; p 147. BREACHY CATTLE; p 149. c. CATTLE BREACHY: p 149. CHARTER OF THE CITY OF RICH- MOND; p 9. INCOBPOBATION OF CITIES; p 9. DuTiss OF Matob; P 13. Duties op Clebk;p15. Duties of A8Sessob;p17. Duties of Civil Ensiiteeb; p 19. Duties of Stbeet Cokmissioneb; pl9. Duties of Mab3KXi<;p 20.. Duties of City Attoeiiet;p20. Duties of Tbeasubeb; p21. official Oath and Bond op Citt Of- piCEBs; p 25. PowEES AND Duties op Common Coun- cil; p25. Steeets, Bbidses and Public Impeove- MENTS;p35. FiBE Defaetment; p42. Miscellaneous Pbo visions ; p 44. Amendment to the Chaeteb; p48. CITY OFFICERS; p81. CITY PRISON- pill. CITY MEASURER; p 151. CITY ATTORNEY, ABOLISHING OF- FICE OF:p 157. CITY CLERK, DUTIES OF; p 92. CEIMES AND MISDEMEANORS; p69. D. DANGEROUS DISEASES; p 138. DEPOT FLAGMAN AT; pl52. DOGS RUNNING AT LARGE ;p 109. DUTIES OF CITY CLERK; p 9^ E. ELECTION LAWS, GENEEALM) 54^-60. ESTABLISHING AND VACATING STS., AND ALLEYS ;p 164. EXEMPTIONS, RELIGIOUS AND EDU- CATIONAL; p 116. r. FEMALE PRISON; p 160. FIRES, PREVENTION OF ; p 123—178. FIRE DEPARTMENT; p 129. FINES, PENALTIES, JITDGMBNTS AND FORFEITURES; p 126. o. GAS COMPANY; p 96. GAS COMPANY BONDS; p 132. GARBAGE; p 130. H. HEALTH BOARD OF; pi 140. HOTEL ANDOMNIBUSRUNNEES;pl08 I. IMPEOVEMENTS PUBLIC, BOAED OF; p 132. ' J. JUDGMENTS; p 126. I.. "'*in9T?,2?x?SP^^S O^ THE CITY OF RICHMOND; p 3. LICENSES; p 191. LIQUORS INTOXICATING, LICENSE OF; pl04. LOTS AND LANDS, SALE OP ; p 147. M. MARKETS AND MARKET MASTER ; p 105- MARKETS; p 158. "^ MARSHAL, DUTIES OF: p 176. N. NUISANCES; p 145. NUMBERING HOUSES, plW-lTT. o. OFFICERS, LIST OF;pS. OMNIBUS AND HOTEL RUNNERS; p 108. P. PACIFIC AND ATLANTIC TELEGRAPH CO., EIGHT OF WAY TO ; p 137-132. PAEK,SEVENTH STEEET ; p 118. POLICE DEPARTMENT; p 92. PRISON, FEMALE ;p 160. PREVENTION OF FIRES; pl78. PUBLIC OFFICES AND OTY PRISON; pill. R EAILEOAD BONDS; p 120*121— 181. RAILROADS AND WATER WORKS; p 52. REGISTRY LAW ; n 61-62. REGULATING SALE OF WOOD; p 100. RELIGIOUS AND EDUCATIONAL EX- EMPTIONS; p 116. RULES AND REGULATIONS OF COM- MON COUNCIL; p 81. s. SALE OF BONDS FOE SCHOOL PUR- POSES; p 53. SALAEY OF CITY OFFICEES; p 115. SCHOOL HOUSE BONDS: p 144. SCHOOL TRUSTEES ; p 119. SHADE TREES ; D 95. SEWERS AND DRAINS ;p 143. SEVENTH STREET PARK; pllS. SINKING FUND BONDS; p 124. SIDE- WALKS, CONSTRUCTION OF;p94. SLAUGHTER HOUSES; p 113. STREET LAMPS, PROTECTION OFi p 112. STREETS, CHANGING NAME OF; p 124. STREETS AND SIDE- WALKS; p 133. SUSPENSION BRIDGE; p 147. T. THISTLETHWAITE, GRANT TO ; p 126. V. VACATING STREETS AND ALLEYS, AND ESTABLISHING SAME; pl64. w. WESTERN UNION TELEGRAPH COM- PANY, RIGHT OF WAY TO; p 128. WOOD, REGULATING SALE OF; p 100. I]SrDEX. ABATEMENT OF NUISANCES. See NUI- SANCES. ACCOUNTS AND CLAIMS. See COMMITTEES. Of Sheriff of county, for keeping city pris- oners ; 16. Common Council to allow; 16, 87. How allowed: 87. City Clerk to keep sundry books of; 16. Committee on, t« examine and report cer- tain ; 85. Made by offlcers or agents of city to be swoni to as correct and necessary; 87. Presented by other parties to be certified to by a city officer or by some committee of common Council; 87 Committee on printing and stationery to re- port certain; 86. ■* Of Richmond Gas Light and Coke Com- pany; 86-96. ACTIONS. See, also, FlHES AND PENALTIES. Mayor to try all actions for violations of city ordinances, the jurisdiction of which is exclusive; 13. Civil cases- arising in city may be tried be- fore Mayor; 13. Crimes and misdemeanors committed in county maybe tried before Mayor; 13. Mayor may adjudge imprisonment as part of sentence in cases tried before him; 13. Before Mayor may be tried by jury; 18. Changes of venue allowed from City Court in cases where Mayor has not exclusive jurisdiction; 13. Before Mayor may be appealed to other Courts of competent jurisdiction; 13. For violations of city law, to be brought in corporate name of city ; 14. Process in, to be a warrant; 14. Affidavit or complaint in; 14. Judgment in; 15. City Attorney to prosecute and defend in city cases ; 20. City not liable in any case for costs ; 21. Observance of ordinances mav be enforced by;33. For destroying hilildings on fire, or such as are liable to take or convey Are to other buildings, shall not be maintained; 43. Actions at law not affected by surrender of former charters ; 44. Not necessary to aver corporate organiza- tion of city in: 46. Not necessary to aver publication of city laws, unless disputed by affidavit; 46. Against corporations for violations of ordi- nances, how instituted and prosecuted; 47. May be brought against agents of corpora- tions; 47. ADVERTISEMENTS. Of amount tax levy, by City Trea..urer ; 22. Of time and place of tax sales, by City Treas- urer; S3. For proposals to build sewers, drains and cisterns ; 31. Of ordinances imposing a penalty or forfeit- ure; 33. May be inserted in daily newspaper, at dis- cretion of Common Council ; 83. Of meetings of Board of Equalization; 34. As notice to unknown or non-resident prop- erty owners; 36. For proposals to improve streets, ete.; 37. Advertisements— Co»W«K«d. Of allowance for estimate of work done, as notice to unknown or non-resident proper- ty owners ; 39. ■ Of sales on precepts ; 39—40—41—42. Of intention to create a new ward; 44. Of extention of city where owners of propei-- ty proposed to be annexed object; 45. Of petition to vacate lots, streets, alleys, ete.; 45—46. Of elections ; 64. Of public improvements involving an out- lay exceeding fifty dollars ; 88. Unlawful to detace or tear do wn ; 76. AliLEVS. See Streets and Alleys. Ordinances establishing and vacating; 164— 175. ALLOWANCE OF CLAIMS. See ACCOUNTS AND Claims. ALTERATIONS OF HOUSES. See BuiLD- INQS. AMENDMENTS. To the city charter; 48—51 To the general election law; 60—61. To the registry law; 62—63—64. To ordinances, to be made on second read- ing; 84. ANIMALS. Common Council may direct lo- cation of slaughter houses ; 28. Co^imon Council may prohibit running at large of, and provide ibr the impounmng, keeping, sale and redemption of; 29. Common Council may establish and regu- late public pounds for; 29. Unlawful to obstruct streets, alleys, etc, with animals; 137. Unlawful to hitch or station in or upon any improved, butunpaved, side-gutters; 137. Unlawful to feed on certain streets ; 137. Unlawful to drive or lead over improved side-walks, to the injury of the same; 137. Unlawful to tie animals to lamp posts ; 77. Unlawful to sell, or offer, or expose for sale, in city, the unwholesome or unhealthy flesh of; 76. Unlawful to exhibit without city license; 79. Unlawful to publicly exhibit or use breeding animals, within city; 70. Running at large prohibited; 150. Unlawful to beat, cut, bruise, maim, wound, or cruelly maltreat; 74 Unlawful to allow the running at large of breachy; 149. Restrictions as to riding, driving and lead- ing, within city limits ; 73. Restrictions as to keeping and feeding, with- in city limits ; 137. DEAD ANIMALS. Ordinance relative to the removal and burial of; 145. CATTLE. Common Council may regulate and prohibit the running at large of; 29. Unlawful to allow the running at large of breachy; 149. DOGS. Common Council may impose a spe- cific tax on; 34. Unlawful to permit the running at large of, unless licensed; 109. Cost of licenses and checks for; 110. To be provided with collars of leather, iron, copper, br.^ss, or other durable material; 110. INDEX. 186 t>Wia—ConUaued. Unlawful to remove collar or check ft-orn, ex- cept with consent of owner; HO. Bestrictions and regulations of, in case of the pervalence of hydrophobia; 110. Lawful to kill such as are unmumed during prevalence of hydrophobia; 110. Kot allowed in market houses ; 114. HOGS. Common Council may regulate and prohibit the runnine at large of; 39. Unlawful to allow styes to become public nuisances; 146. Unlawful to allow running at large of; 150. Running at large, except as above provided, to be impounded and sold by City Marshal ; 160. Fee of City Marshal for impounding; 151. Fee of City Marshal in case of sale of; 151. Kunning at large of, may be prohibited; 29. HOESES. Speed of, may be regulated ; 29. Bunaway teams ; 73. Unlawful for drivers of licensed vehicles, while standing on streets and alleys to leave unattended ; 79. Unlawful to leave teams unhitched; 73. ANNEXATION OF CONTIGUOUS TEERI- TOBY. When lots have been laid off and platted; 46. When owners consent; 45. When owners object; 45—46. APPEALS. From City Court ; 13. From awards of City Commissioners ; 37. From precepts; 39—40. From award of commission on buildings de- stroyed to prevent the spread of fire; 43—44. From decision of Mayor or presiding oi&cer, in Common Council; 81, APPEOPEIATIONS. See Common COUNCIL, City Clerk, City Ofpicers. To be made by Common Council, or fixed by law or ordinance; 16. APPEOPEIATIONS OF PEESONAL PBOP- EETY. For purpose of drainagej 29. In way of streets or other public improve- ments; 35—36. How made ; 37. APPEOPEIATIONS OP EEAL ESTATE. For the purpose of drainage; 39. For the purpose of opening or altering streets, and for straightening or altering water courses; 36. How made; 37. Appeals from, shall not stop work; 37. AEEESTS. By City Marshal, may be with- out process; 20. Persons guilty of immoderate driving or riding may be arrested; 29. Market Master may be empowered to make; 30. Councilmen and city officers may be em- powered to make; 30. Chief Fire Engineer and Assistants may make; 43. Agents of corporations may be arrested and personally tried, for violations of ordi- nances; 4S. Unlawful to interfere with; 75. Market Master empowered to make; 107. Union Passenger Depot officers empowered tomake; 93—108. ASHES. Councilmen may enter premises to see as to keeping and disposal of; 42. Unlawful to deposit ashes in streets and alleys, etc. ; 136. ^ , ASSAUT* AND BATTERY. Defined and Penalty for; 75. Provoking of, Penalty for; 75, ASSESSMENT OF TAXES. See TAXES. ASSESSMENT FOE DRAINAGE. See Drain AGE. ASSESSMENTS FOE LIGHTING CITY. See Gas AND Gas Light. ASSESSMENTS FOE OPENING AND AL- teeing streets. see stkbets and Alleys. ASSESSMENTS FOE STEEBT IMPEOVE- MENTS. 5ee Streets AND Alleys. ASSESSMENTS OF BENEFITS AND DAMAGES. See CiTY COMMISSIONERS. ASSESSOE CITY. See CITY ASSESSOR. ASSOCIATING. WITH PEOSTITUTES. Pen- alty for; 70. ATTOBNEY CITY. See CITY ATTORNEY. Ordinance abolishing office ; 157. AUCTION AND AUCTIONEEES. Common Council may regulate sales by, and licens- ing of; 31. Auctioneer to petition the City Clerk for li- cense; 101. Cost of auctioneer's license; 101. Unlawful to carry on business of auctioneer without such license; 78. Unlawful to sell without license; 78. Auction sales to be reported; 102. AWNINGS. 5m SHEDS. Unlawful to erect or maintain such as obstruct the proper dis- tribution of light from the public gas lamps; 112. BAIL. Persons arrested for penal offenses under city laws, may be recognized to ap- pear at^ext sitting of City Court; 14. BALLOT BOXES. See ELECTIONS. BALL PLAYING. Unlawful on Sundays; 70. BALUSTEADES. Cellar ways opening Into side-walks, streets or public alleys to be protected by; 134. BANISTERS. Unlawful to project more than four feet on Main street; 134. Unlawful to exceed above allowance when re-building or repairing; 134. BANKS. Common Council may tax stocks of all free banks ; 3.3. BATHING. Unlawful to bathe, in daytime, in White Water river, within view of the inhabitants of city; 70. BAWDY HOUSES. See HOUSES OF PROSTI- TUTION. BEGGARS. May be restrained and punished ; 29. BELLS. Common Council may regulate ringing of; 29. Unlawful to ring, for auction sales except at corners of streets or in front of houses where such sales are to take place; 78. BENEFITS. May be assessed lor the purpose of building sewers, drains and cisterns; 31. From opening or altering streets, and from altering or straightening streams, how ap- praised; 36. City Treasurer to collect; 37. BIDS. See CONTRACTS. BIDDER. See CONTRACTORS. BILLIARDS. Minors not to play at, without written permission; 183. Ordinance licensing; 148. Rate of license; 148. 187 INDEX. BOARD OF EQUALIZATION. See, aUo, Taxks. Common Council, with City Clerk and City Assessor to constitute; 84 To meet witUn one month after assessment list has been returned; 34. To hear and decide complaints of erroneous taxation, and equalize the same; 31. To equalize valuations made by the City As- sessor; 34. BOAED OF HEALTH. To be elected by the Common Council, and to consist of three Commissioners ; 3S. Term of office one year ; 26. Common Council may create the same, and invest it with powers ; 30. To take measures to prevent the introduc- tion of contagious or infectious diseases into city; 140. To cause immediate and safe removal ot in- fected persons ; 140. City officers to aid Board in discharge of du- ties; 140. To make recommendations to Common Council; 140. To provide temporary hospitals for infected persons ; 140. To make and enforce by-laws, and sanitary regulations; 1^. ' Ordinance establishing; 140. BOOTBLACKS Not allowed to pursue avoca- tion nearer than fifteen feet of Union Pas- senger Depot; 109. BOAED OF POLICE. iSee POLICE DEPART- MENT. BOAED OF PUBLIC IMPEOTEMENTS. Common Council to organize; 30. Board to grant permits ; 30. To condemn property ; 30. * To provide for removal of property ; 30. To take bonds in certain cases : 30. Ordinance providing lor election of; 138. Ordinance prescribing duties of 153. When to meet; 153i City Clerk to be clerk of Board ; 153. Duties of Clerk; IBS. Duties of Board; 153. City officers to report to Board; 154. Duties of Engineer; 154. Applications to be referred by Council ; 154. Compensation of Board; 154. How permits are granted by; 154. Houses not to be removed without consent of; 156. Permits to specify streets ; 155. Clerk to keep register; 155. Petitions, how referred and duties of Board thereon; 88. BONDS CITY. See CiTT Bonds. Cincinnati, Eichmond & Fort Wayne Eail- road Bonds ; 1?0— 121— 181. Sinking Fund Bonds; 124. Gas Company Bonds ; 132—161. School House Bdhds ; 144. Bonds for school purposes, how sold; 53. BONDS OF CITY OFFICEES. See CiTY Op- FIOEKS. Ordinance prescribing; 90. BONDS OF CONTEACTOES. See CON- TKACTOBS. BONDFIEES. Unlawful to refuse to extin- guish or remove; 179. Unlawful to light or burn bonfires in any lot, street or alley, within city limits; 179. BOUNDARIES. Boundaries of city; 67. Of wards; 68. Of fire limits; 123. BEBACHY ANIMALS. See ANIMALS. Ordinance regulating; 149. BEIDGES. Common Council may regulate and locate; 31. Common Council shall have exclusive con- trol of; 35. Property within city not liable for repairs to bridges outride limits of city ; 36. Suspension bridge penalty for injuring; 14Tr. BUILDINGS. Common Council may direct location of; 2S. Common Council may prohibit erection of such as might be iised'for noxious or objec- tionable purposes ; 28. Occupants of filthy buildings may be com- pelled to abate or cleanse; 28. Common Council may prevent the erection of wooden buildings in certain parts of the city; 30. Dangerous buildings may be condemned, taken down or removed; 30. Owners or builders of dangerous buildings may be compelled to give a penal bond ; 3A Common Council may regulate the building of party walls of; 31. Common Council may purchase, hold or con- vey real estate for the purpose of con- structing public buildings; 32. Belonging to Eailroad Companies may be assessed for taxation; 34. In way of streets or other public improve- ments may be taken down, removed, or ap- propriated; 35. City Commissioners may appraise value of buildings appropriated for public benefit; 36. Councilmeu may enter and examine all buildings in their respective wards as to their risk from fire; 43. Common Council may regulate, remove, or cause to be made secure, any part of, or fixtures in buildings, liable to communi- cate flre;4a. Common Council may Qompel owners of buildings tbmake scuttles in the roofs, and stairs or ladders leading to same; 42. May be destroyed when on fire and adjoin- ing other property, or liable to take and convey fire to other buildings ; 43. Common Council may issue and sell bonds for the purpose of purchasing, erecting, or completing school buildings ; 53. Unlawful to erect wooden buildings within fire limits- 123. City Marshal to report buildings erected in violation of above prohibition ; 123. Unlawful to remove and re-locate wooden buildings within Are limits; 178. Chief Fire Engineer to notify owners of dangerous buildings to alter, repair or re- move same; 179. Chief Fire Engineer to report to Mayor the neglect or refusal of owners of dangerous buildings to comply with his notice; 179. Unlawful to rent buildings for houses of prostitution; 71. Unlawful to rent buildings for gambling purposes; 72. Unlawful to enter and take possession of buildings without permission of owner: 73. Owners, proprietors or occupants of build- ings, in which there may be persons in- fected with contagions diseases, to notify the public by placing and maintaining a flag on same; 14). Provisions relative to erection and use of slaughter houses ; 113. Abatement of public nuisances in and around; 113. Ordinance providing an uniform system for numbering; 117— m. BUILDING MATEEIALS, Unlawful to obstruct streets, alleys, etc.; 136. Unlawful to occupy more than one-half of any street or alley; 155. INDEX. 188 BURGLARIOUS INSTRUMENTS. Unlaw- ful to have possession of; 72. Possession of, to be presumption of guilt; 72. BURYING GROUNDS. See Cemetekies. BY-LAWS, See Obdinanoes. CANDLES. Unlawful to use lighted candles or other light, in livery or other stables, carpenter or cabinet shops, or feed stores, without having secured the same within a tin or glass lantern; 180. CANNON. , Unlawful to fire, or assist in firing, within city limits; 74. CARS. Unlawful to allow cars of steam rail- roads to stand across streets or side-walks of city longer than five minutes ; 78. CARRIAGES. See Vehicles. CATTLE. See ANIMALS. CELLAR DOORS. Unlawful to leave open after nightfall without showing same by a light in cellar way; 134. CEMETERIES. Common Council may es- tablish same either within or without city limits; 28. Interments may be prohibited except in reg- ular; 28. Common Council may puixhase and hold real estate for same, either within or with- out city limits; 32. Unlawful to wantonly or maliciously alter, or deface, brake down or destroy monu- ments, tombstones, Vaults, fences, or tail- ings ; 73. Unlawful to wantonly or maliciously remove or injure ornamental plants, shrubs or trees in; 75. CERTIFICATES OF SALE. &« City THE AS- UBBB. CHANGES OF VENUE. See City Coubt. CHARGES AGAINST CITY OFFICERS. Common Council to provide for preferring and prosecution of; 46 Against Council men; 90. Against Mayor ; 90. CHIEF OP POLICE. How appointed; 92. CHIMNEYS AND STOVE PIPES. Common Council may regulate construction of; 42. Arrangement of; 179. CIGARS. Unlawful to bring a lighted cigar into a livery stable, carpenter or cabinet shop, or feed store; 180. CIRCUS. See EXHIBITIONS. CISTERNS. Building of, to be let by contract ; 31. Penalty for opening or obstructing; 77. CITY. Incorporation of; 9—12. Mayor to have custody of seal of; 13. Actions for violations of city laws to be brought in the corporate name of; 14. To pay for keeping, custody, and boarding of its prisoners ; 15. ■ „ , , City Clerk to have charge of all books and papers belonging to; 15—16. _ . , ^ City Marshal to be the chief ministerial of- ficer of; 20. , ^ ^ , ,, City Attorney to prosecute and defend all actions against; 2D— 21. Not liable for costs in actions at law; 21. City Treasurer to receive and disburse all moneys and equivalents belonging td; 21. City Treasurer, at his ownpenl, .to keep safely moneys belonging to : 31-^22. Taxes to be liens on property, and to have preference over private claims; 22. Seal partially described; 26. Common Council to have control of finances of; 27. City— Oontmued. Lands within two miles of city may be drained at expense of owner; 27. Noxious trades may be prohibited within two miles of; 28. May borrow money ; 35. May subscribe to stock of railroads and other I'oads, running into or through; 35. May donate money or bonds to aid in con- struction of railroads or other roads, on petition of amajority of the resident free- holders thereof; 35. May be called upon to pay for certain por- tions of real estate or of personal property appropriated for public uses ; 36. Appropriations of real estate or personal property by, not affected by appeal of owner; 37. To have lien upon lots for public improve- ments; 37—38, Common Council may decide how such liens shall be enforced; 38. To pay for improvements in front of public grounds and for street and alley crossings; Not to be interested, directly or indirectly, in the profit arising from contracts for public improvements; 38— 39. Public improvemeuts.or repairs thereof, may be wholly or partially paid by; 39. Lands may be sold for public improvements made by; 39—40—41—42. Chief Fire Engineer to have charge and con- trol of fire apparatus belonging to ; 43. Common Council to annually levy and col- lect a special tax of not less than one-half mill on the dollar for the payment of in- debtedness of; 44—45. Common Couijcil may make loans in antici- pation of biennial revenues; 45. Extension of limits of; 45—46. Vacation of thoroughfares and public grounds by; 46. In actions, not necessary to aver corporate organization, or publication of its laws, unless disputed by affidavit; 46. Subscriptions and donations to railroads, supplementary law regarding; B2. May subscribe to stock or donate money or city bonds to aid in construction of hy- draulic or water powers; 62. May issue and sell bonds for school pur- poses ; 53. Residence qualifications for election pur- poses acquired by twenty days Tiona fiCe habitation in ; 61. Meaning of word "City" in ordinances; 67. Divided into five wards ; 68. Price at which illuminating gas is to be fur- nished to; 96. Richmond Gas Light and Coke Company liable for damages to persons or property, caused by its own neglect or fault, or that of its agents, in event of suits being brought against city ; 98. Contract between Richmond Gas Light and Coke Company, for gas used by public lamps, and for care of said lamps ; 96. CITY ASSESSOR. See CITY OPPICEES. CITY ATTORNEY. See CiTY Officees. CITY AUDITOR. See City Opficebs. CITY BONDS. City Treasurer to have cus- tody of, and to cancel: 21, May be donated to aid m construction of railroads, and other roads running into or through city, on petition of a majority of resident free-holders ; 35. Not to be delivered until road in aid of which they are issued shall have complied with provisions of petition therefor; 35. Delivery of to road may be compelled; 35. Sinking fund may be created for payment of 189 INDEX. City 'Bowa—OonUnued. interest upon and extinguishment of; 44— 45. Issuance of bonds to railroads, supplemen- tary law relative to; 52. May be donated to aid hydraulic or water power companies; 53. May be sold for school purposes, at not less than ninety-four cents on the dollar ; 53. Finance Committee to negotiate sale of; 85. City Treasurer to have custody of; 21. CITY CHAETEE. Legislative charter of Marohl4, 1867;9. How to be accepted; 44. / No action at law to be affected by surrender of former charters; 44. Eepeal of former charters ; 47^8. Amendments to legislative charter of March 14, 1867; 48— 49-S)— 51. CITY CHIEF FIEE ENGINEEE. See CITY Officebs. CITY CLEEK. See CiTT Officebs. CITY COMMISSIONEES. See APPBOPBIA- TIONS OF PBBSONAI. PEOPEBTT AND AP- PBOPBIATIONS OF EEAL ESTATE. Common Council to appoint five freeholders as such; 36. Term of office, one year; 36. To appraise damages and assess benefits arising from appropriation of real estate or of personal property for use of city; 36. To take and subscribe oath of office; 36. CityClerktogive twenty-one days' notice of appraisement to be made by ; 36. How appropriations shall be made; 36—37. To file report with City Clerk within ten days after meeting; 37. Action of Common Council upon accepted report of; 37. Eeport may be appealed from, and how; 37. CITY CO0ET. See Matoe. Mayor tohold one each day, except Sunday; 13. Trials in may be by Jury; 13. Change of venue may be taken from, to a justice of the peace, except in cases where the Mayor has exclusive jurisdiction;13. Appeal may be made from, to any Court of competent jurisdiction; 13. Bules of pleading and practice same as in justices' courts; 13. Docket of; 14. In case Mayor is unable to serve, a justice of the peace to preside over; 14. Penal actions for violation of city laws to be brought in corporate name of city; 14—15. Process in city cases to be a warrant; 14. Arrests may be made by City Marshal with- out warrant; 20. Persons arrested under a warrant to be held in custody or under recognizance until next sitting of; 14. May be detained without process ; 20. Affidavit or complaint to set forth the num- ber of section of ordinance charged to liavebeen violated, and date of adoption; 14. Penalties or forfeitures adjudged in, may be paid or replevied; 15. If penalties or forfeitures are not paid or re- plevied, defendant may be imprisoned for thirty days ; 15. CITY COUNCIL. (S«« Common CotTNCiL. CITY GAS INSPECTOE. &« CiTT OPFIOEES CITY (JOVEENMENT. Catalogue of officers of from 1845 to 1870, lnclusive;3^— 5— 6 -7-8. CITY JUDGE. Siee City Officebs. CITY MAEKET MASTEE. See CITY OF- FICEBS. CITY MAESHAL. ti<«<«. City Measurer, interfering with ; 151—152. Flagman at depot, violation of ordinance of: IBS. Board of Public Improvements, violation of ordinance of; 155. Rcgratina and forestalling market; 158. Marshal failing to discharge duty ; 117. Prevention of flres, violations of ordinances on;178— 179— 180. Election laws, penalties ; 54. Registry laws, penalties ; 6t— 62. CROSSINGS. See Streets and Alleys. CRUELTr TO ANIMALS. Penalty for; 74. CULVERTS. Common Council may regu- late and locate ; 31, clause 40. DAMAGES. Contractors for public improve- ments liable to endanger persons or pi*op- erty, may be compelled, by Common Coun- cil, to give penal bond for payment of such iiuuries ;^ 30, clause 3%. Common Council may appropriate personal or real property in way of public improve- ments by paying for; 36. Arising from opening or altering streets, and from altering or straightening water courses, to be assessed by City Commis- sioners; 36. City^ Treasurer to tender; 37. Arising from destroying buildings liable to take or convey fire, in case of conflagra tions, how to be assessed; 43. Richmond Gas Light and Coke Company liable for damages to persons or property' resulting from their own neglect, or that of their employees; 98. DANCING. Unlawful in any room or build- ing where liquors are sold ; 69. DANGEROUS BUILDINGS. See Buildings. DANGEROUS DISEASES. See Board op Health and Diseases. Ordinance on ; 138. DEAD ANIMALS. See Animals. DELINQUENT TAXES. See Taxes. DEPOT POLICEMEN. May be nominated by Union Depot, to bo confirmed by Board of Police; 93—108. To preserve peace and good order at and about Union Passenger Depot; 108. To be paid by Union Depot; 108. To take same ofiicial oath and be subject to same rules and regulations as city police force; 108. To have andexercise police powers; 108. Board of Police may, at any time, revoke and .annul police powers; 98. May regulate public vehicles and drivers at and abont depots ; 108. Unlawful to disobev lawful orders of; 108. Unlawful to tbrcibly interfere with, or inter- rupt discharge ot duties by; 108. DIGGING INTO IMPROVED STREETS. Penalty for so doing; 135. DISEASES. *« Board op Health. Board of Health to cause owners, proprie- tors or occupants of buildings in which there may be persons infected with con- tagious disea.ses, to notify the public of same by placing a flag on premises; 141. Penalty for ■wilHiiUy neglecting to place such flag, or for displacing the same before danger from infection has passed ; 141. Unlawful for infected persons to go about the city ; 141. . „ , , Board of Health to cause infected persons to be taken to their residences, or to the place provided by the Board of Health; 141. DISORDERLY CONDUCT. Penalty for; 89. DISORDERLY HOUSE. Penalty for; 69. DISTRICTS, POLICE. See Police DisTRicts. DISTURBING EXHIBITIONS. Penalty for; 79. DISTURBING THE PEACE. Penalty for: 69. ' DOCKET. Mayor required to keep; 14. In case of absence, death, resignation, or other disability of the Mayor, to be de- posited with a justice of the peace; 14. Entries upon Mayors; 15. DOGS. See iitle, utider Animals. Ordinances licensing; 109. DRAINAGE. Common Council may provide for and regulate drainage of lots and lands, within corporate limits, or within two miles of the city, at expense of owners of propertv; 87- 32. Not more than ten per cent, of value of property to be expended in any one year Common Council may condemn lands and materials for the purpose of; 29. Richmond Gas Light and Coke Company not to place their gas pipes so as to interfere witb;97. DRAINS. Street Commissioner to superin- tend construction of: 19. Council may fill up; 31. DRAYS. See Vehicles. DRIVERS. See Vehicles. DRUNKEN PERSONS. &« Intoxication. EDUCATIONAL. Property, for exempted; 116. ELECTIONS. See, also, General Election Law, and Registry Law. Upon application to incorpopate a city; 9. Ot corporation officers; 11—12. In city governed by laws regulating those held in townships ; 11. Duties of oflicers of; 11—12. In case of tie vote, new election to be held; 12. City Clerk to notify persons elected to mu- nicipal offices within twenty-four hours after the Board of Inspectors shall file their certificate; 12. Persons elected to qualify within five days or be liable to forfeiture of ten dollars ; la Common Council to appoint one inspector and two judges for each ward, and said Board to chouse a.clerk ; 12. Vacancies in certain offices to be filled by special elections ; 12. To create a new ward ; 44. ENCLOSURES. Unlawlul to maliciously trespiiss upon; 73. ENGINEER, CHIEF FIRE. See CiTY OP- PICERS. ENGINEER, CITY CIVIL. See CITY OP- PIOICBS. ENGINE HOUSES. See Fire Department. ENGINES, FIRE. See Fire Department. EQUALIZATION BOARD OF. See Board OP Equalization. EQUALIZATION OF TAXES. See Board OP Equalization. ESTIMATES. Partial estimates may be made for contractors, during progress of work ; To be liens upon the ground upon whicli 197 INDEX. Estimates— t7onW«s«««?. they have been assessed; S9. How and when precepts for collection of estimates of public improvements shnll be issued and enforced; 39. City Civil ]i/ngiiieer to make estimates 9f cost of public improvements and public works; 88. EXCAVATIONS. For vaults under side- walkSf regulations concerning; 134. Unlawful not to guard dangerous ; 13. EXHIBITIONS. Common Council may regu- late or prohibit annoying musical perform- ances in the streets ; 27. Common Council may regulate, restrain or prohibit theatrical or other public per- formances, or demand a license fee there- for; 29. Instructive lectures and exhibitions of line arts may be exempt from license j 29, Unlawful to hold certain without license; 79. License for, what to contain, and how made out; 102. For religious , charitable, literary or scien- tific purposes, exempt from license fees; 102. Unlawful to hold immoral or indecent; 102. License fees for; 102. Unlawful to interrupt or disturb; 79. Of stallions, bulls or jacks, on streets of city, unlawful; 70. Unlawful to hold concerts, or dancing, or theatrical performances, in rooms or build- ings where intoxicating liquors are sold; 69. EXPRESS WAGONS. See VEHICLES. EXPULSION OF COUNCILMEN. May be done by a two-thirds vote of the whole number elected; 46—91. EXTENSION OP CITY. See Annexatiok OF CoNTiauoiJS Tebkitobt. FALSE FIRE ALARMS. Unlawful to give; 69. FEES. Of Mayor,— same as justices of the peace; 14. Of same, in city cases, to be paid into the city treasury; 14. Of keeper of prisons,— only one allowed for committment and one for discharge of each prisoner: 15. Of City Clerk, for making copies of papers or transcripts from city records- same as Clerk of the Circuit Court for similar services ; 15—92. Of same, for building permits ; 154. Of same, for permit to remove buildings ; 154. Of same, for licenses issued to peddlers or hawkers ; 103. Of same, for exhibition license issued ; 103. Of same, for public vehicles issued; 103. Of same, for registering siibstituted vehi- ' cles;103. Of same, for dog licenses ; 110. Of City Attorney, in City Court, on plea of "guilty"; 21. Of same, in City Court, on jjlea of "not guilty"; 21. 01 same, in Circuit Court or Court of Com- mon Pleas, on plea of "guilty" 21. Of same, in above Courts, on plea of "not guilty''; 21. Of City Treasurer, on sales under precepts ; 41. ^ Of same, when assessment is made without sale; 41. Of same, for levying on real estate and ad- vertising; 41. Of same for personal demand of payment; 41. Of same, for return of precept; 41. Of City Measurer; 152. VEna— Continued. Of City Wood Measurer; 100. Of City Marshal, for. taking up and im- pounding hogs ; 150. Of same, in case of sale of impounded hogs : 151. Of policemen for killing dogs; 110. FEMALES. Not compelled to do manual la- bor on public works ; 1&— 126. May be imprisoned in the Home for the Friendless ; 160. FEMES COVERT. May redeem property sold under precept within one year after sale of same ; 42. FIFTH WARD. Boundaries of; 68. FINANCE, COMMITTEE ON. See Mtle, under Committees. FINE ARTS. Exhibitions of may he exempt- ed from license for; 29. FINES AND PENALTIES. Mayor to pay into city treasury all fines and penalties collected by him, in city cases, within One month after receiving the same; 13. Mayor to pay into county treasury all flues and penalties collected by him, in State cases ; 14. Imposed by ordinances, to be recovered by actions brought in corporate name ot city; 14-33. May be paid or replevied; 15. If not paid or replevied, to be satisfied by imprisonment not exceeding thirty days; 15—126. May be satisfied by manual labor upon pub- lic works of city, at the rate of seventy- five cents a day; 15 — 127. For violation of city ordinances, not to ex- ceed one hundred dollars for any one of- fense; 33. Ordinances imposing, to be published two weeks consecutively in some city newspa- per; 33. In case of insurrection, riot, pestilence, con- fiagration or other impending danger, or- dinances imposing fines and penalties may be made operative by proclamation and by posting in five public places in the city; 34. Ordinances imposing, notnecessary to prove publication unless denied by affidavit; 46. Ordinance on fines, penalties, judgments and forfeitures; 126. FIRE APPARATUS. See FiBE Depart- ment. FIRE ARMS. Common Council may pre- vent or regulate the use of; 27. FIRE COMPANIES. See Fiee Depart- ment. FIRE DEPARTMENT AND PUBLIC CIS- TERNS, COMMITTEE ON. A standing committee, and duties of; 85—86. FIRE DEPARTMENT. See, aUo, Chief Fire Engineer, under City Officers. Common Council may regulate and protect apparatus of; 30. Councilmen, by virtue of their office, to be flre wardens ; 42. Powers of Councilmen and other flre war- dens ; 42. Common Council may procure flre appara- tus, and have charge and control of same ; 42. Common Council may provide engine and other houses for preservation of flre appa- ratus; 42. Common Council may organize and regiUate ; 42. Chief Engineer to have superintendence of; INDEX. 198 FiBE Depaetmekt— ConWK««J. Chief Engineer to have charge of Are ap- paratus ; 43. Chief Engineer to report to Common Council as to condition of Are apparatus, and as to needed repairs thereof, and additions thereto; 43. Chief Engineer to have two assistant engin- eers ; 43. Powers and duties of Chief Engineer and his assistants ; 43. Ofllcers and members of department to be registered by City Clerk, and to be exempt ftom serving on juries, and from military duty; 43. Exhibitions for the benefit of flre compa- nies, may be given without paying license ; 103. Ordinance for government of; 129. FIRE ENGINES. Farming lands, in excess of five acres,? sit- uate within city limits, exempt fi'om;,34. Common Council may levy .and qolLect^a tax to pay interest on city indebtedness; 34. Equalization of; 34. [See "Board of Equali- zation"]. Assessments erroneously made and collected may be refunded; 35. Sinking fund to pay principal of city in- debtedness, may be created by a levy of not less than five cents on the one hundred dollars; 35-44. Damages accruing from the destruction of buildings, to prevent the spread of confla- grations, to be added to the levy and col- lected as ; 44. Loans made by Common Council shall not exceed amount to be realized from; 46. Sales fob. Goods and chattels of delin- quents to be, first seized by City Treas- urer, and sale thereof made to satisfy taxes. Interest, penalties and costs ; 22— 23. Surplus arising from sale, after payment of delinquency, etc., to be returned by City Treasurer to person making de- fault; 22-^23. Beal estate may be sold, if no goods or chattels can be found out of which to make taxes, penalties, interest and Costs ; 23. ' City Treasurer's certificate of sale to state for what tax or taxes, interest, penalties and costs land is sold; 23. City Treasurer to give public notice of time and place of; 23. How conducted; 23—24. City Treasurer to make return of lands sold for, to City Qerk; 24. Lands so sold may be redeemed; 24. Lands not sold for want of bidders to be forfeited to city; 24. Sales for, when; 147. TELEGBAPH. Eight of way to Atlantic and Pacific Company ; 127—138. Bight of way to Western Union Cotapany ; 128. THEATEES. See Exhibitions. THIBD WAED. Boundaries of; 68. THISTLETHWAITE, W. Grant to; 126. TEANSCEIPTS. In appeals from precepts for collection of street improvements, what to contain ; 39. 'City Clerk to make out the above, and to cer- tify the same; 39. Ordinance regulating fees of City Clerk for making out andcertifying; 92. TEEASUREE, CITY. &e CityTbeastirek, MjM^er City Officers. TEEES. Common Council may regulate tjie planting, maintaining and protection' "of shkde trees ; 32. For shade, how to be planted and protected; 112-133. For shade, penalty for injuring;;' 134. Ordinance providing fo^, planting;.159i On public property, penalty for injuring or destroying; 75. "' In city parks, penalty for injuring or de- stroying; 75. Obstructing , a proper distribution of light from the public gas lamps, to be trimmed; 112. Unlawful to plant nearer than ten feet of the north-west and South east corners of streets, or within a like distance of public alleys; 112. TRESPASS On private enclosures, penalty for; 73. On vacant houses, penalty for; 73. TRIALS... Before Mayor, may be by jury; 13. Before Mayor, how conducted ; 13. , • On appeals fi*om decisions from City Com- missioners: 37 ' iir . On appeals from precepts for the collection of street assessments ; 40. Of city officers; 46—91. TRUSTEES, SCHOOL. See School Teus- tees. UNION PASSENGER DEPOT See, aUo, De- pot Policemen Ordinance relative to; 108. Ordinance to prevent drivers of licensed ve- hicles or hotel runners approaching nearer than; 108. UNKNOWN PEOPEETY OWNERS. See Non-Eesident OB Unknown Pbopebty Owners. VACATION OF STEEETS AND ALLEYS, See title, wider Streets and Alleys. VACANCIES. Common Council may order special elections to fill; 12. VACANT HOUSES. Unlawful entry of, de- clared a trespass; 73. Penalty for; 73. VACCINATION. Board of Health may re- quire all inhabitants of city who may not have had the small-pox, to submit to; 140. VAGEANCY. Penalty for; 74. VAGEANTS. Common Council may restrain and punish; 29. For the apprehension of, Common Council shall have jurisdiction two miles beyond city limits ; 32. Loitering in and about market houses, to be removed by city market master; 106. Certain persons to be deemed; 74. 211 INDEX. VAULTS. Not to be dug in streets or alleys, except by permission of Common Council or Mayor; 134. How to Be constructed; 134. How to be guarded during process of build- ing; 134. Penalty for not keeping in repair; 135. Not to extend beyond curn-s tone ; 133. VEHICLES. Common Council may regulate the use of such as are employed in the transportation of passengers, freight, and other articles for hire or pay; 38. Common Council may prevent the encum b( rinjg of streets, squares, side-walks and crossings by; S9. Common Council may assess and collect a special tax upon such as are used for hire or pay, unless same are licensed; 34. Penalty for obstructing side- walks, streets, etc., with; 137. Laden with wood, to stand; 137. Penalty for obstructing passages of market house with; 106. Used for the transportation of passengers, freight, etc., for hire or pay, to bo licensed; 103. Cost bf licenses; 103. Matters to be set forth in application for license; 103. Entries to be made by City Clerk on registry of; 103. How substituted in license; 103. Penalty for using such as are subiect to li- cense, without procuring same; 79. ■ Penalty for drivers of licensed vehicles not remaining within controlling distance of horses attached; 80. . Depot policeman and his assistants to regu- late vehicles and drivers at Union Passen- ger Depot; 108— 109. VELOCIPEDES. Eunning on side-walks ; 73. VICE. Common Council may enforce ordi- nances for the prevention of; 28. WAGtONS. See Vbhioles. WARDS. Creation of; 10. No ward to contain less than three hundred inhabitants ; 10. To be two Conncilmeu elected from each, one of whom is to be chosen annually; 10. Creation of new; 44. Twenty days' ionafide habitation in, neces- sary to entitle person to vote therein; 61. Ordinance establishing and bounding; 68. To extend to the centers , of streets desig- nated in. their boundaries ; 68. WATEE WORKS. Common Council may construct and establish; 29. Incorporated companies may be authorized to construct; 39. City may become a stockholder in; 39. Common Council may purchase and hold real estate for the purpose of, although lying without corporate limits; 33. City may donate moneys or bonds to aid in construction of ; 52. WEAPONS. Unlawful for others than travel- ers to carry or wear; 75. Unlawful to carry openly, with the intent or avowed purpose of injuring fellow men; 75. WHITE WATEE EIVEE. Unlawful to bathe in; during day time, within view of inhabitants of city; 70. Unlawful to throw filth in; 145. WOOD. &e, aUo, City wood Meastireb, vMder CiTT Offioebs. Common Council may regulate the selling, weighing and measuring of; 30. Penalty for depositing on, certain streets, and allowing same to remain longer than twenty-four hou^; 136. Vehicles laden with, how and when to be stationed: 137. Ordinance to prevent frauds in the sale of; 77. Unlawful to sell without the same being measured; 100.