LAS/^/jLe A GENERAL ORDINANCE, TO REVISE AND CONSOLIDATE THE ORDINANCES OF THE CITY OF AUGUSTA: PASSED DECEMBER 5th, 1846, TO WHICH ARE ANNEXED, RESOLUTIONS, &c-, The ordinances for the construction of the AUGUSTA CANAL, AND THE SEVERAL acts of the legislature, RELATING TO THE CITY OF AUGUSTA AND THE CONSTRUCTION OF THE AUGUSTA CANAL. gtUQUJStcL JAMES McCAFFERTY, PRINTER. 1847. A GENERAL ORDINANCE, To Revise and Consolidate the Ordinances of the City of Augusta. SECTION FIRST. Be it Ordained by the City Council of Augusta, That, No person shall do any work, or cause any to be done on sabbath to bo the Sabbath day, except it be a work of necessity. kePt- SECTION SECOND. No person or persons, shall write, paint, draw, cut or carve, put,iic bu jldingg any letter or letters, word or words, device or devices, on or and churches, J _ writing in or in any manner mutilate or deface, any of the public buildings mutilating, or churches in the city, under a penalty of not exceeding fifty Penalty dollars. SECTION THIRD. Any person or persons, who shall keep a disorderly house, Disorder]y and or house of ill-fame, and every owner of a house or houses, or houses of iMame 7 J ' not to be kept or other person who may rent or cause to be rented, any house rented. to be used as a house of ill-fame, shall be fined not exceeding one hundred dollars for every day the house is so kept. Cir- Penalty. cumstances from which it may reasonably be inferred that any house which is inhabited by disorderly persons of immoral evidence8?© el- character, and notoriously bad fame, shall be sufficient to estab-tablish lact- lish the fact, that such house is a disorderly house or house of ill-fame, according to the meaning of this section, and all adult persons inhabiting or living in such house, shall be considered the keepers thereof and be subject to the penalties of this section. 4 SECTION FOURTH. Gambling No person shall have, keep or use, or shall allow any other No table to be Person to have, keep or use, on his or her presses, within the limits of the city of Augusta, any table constru|ted or used for the purpose of gaming, or on which any gafiie is played, at which money or other thing is won or lost; nor shall any No person to Person pW at any game whereby money or other thing is Pla>- won or lost; nor shall any person allow any other person or Not t^allow individual whomsoever, to play at any game whereby money premises. - or other thing is won or lost, on his or her premises; under the penalty of paying a fine not exceeding one hundred dollars for each offence. Penalty. SECTION FIFTH. Bathing in river No person shall bathe in the river opposite the city, between prohibited. daylight in the morning and nine o'clock at night; except Exception. white boys under the age of fifteen years, who may bathe in that portion of the Savannah river between the northern extremities of Jackson and Marbury streets, at any hour, ex- cept upon the Sabbath. SECTION SIXTH. i^* ofr iidfngriv* person shall drive a vehicle of any description, or run through the or rh]e a h0rse, mule or other animal, in a disorderly manner streets, prohibit- 7 7 J £.d- through the streets, nor drive any drove of mules or horses Droves of horses ° \ and mules pre- through the streets, except in entering or leaving the City, nor vented in streets & 1 ° ° , J Exception. shall drive, ride or place, any horse1, mule, or other animal, or to^'bstruct.0- n0t any kind of carriage, on any side-walk, erossway, or in any street which intersects any side or other walk, in such manner as to prevent the free passage of persons j provided, neverthe- less, that this section shall not prevent wagons or other car- riages from loading and unloading at the ware-houses, or other Carts &c. not to stores' when it shall appear necessary. Carts, Drays, Wag- alleys'163 °r ons' or °^er Carriages, shall not use the lanes or alleys of the City, except for the purpose of receiving or depositing goods, Penalty. wares and merchandize, under the penalty of five dollars; or Permission. except they have express permission of the owners of said lanes or alleys. SECTION SEVENTH. Building No person shall, without permission from a member of Materials not Council, when the deposit is to be made, deposit any quantity streets'&c'u °f building materials or earth in any street or public alley; 5 such member shall give permission when any person applying Permission to be for it intends early to remove said articles and cannot conve-tad' niently place them elsewhere, and in such case the member shall prescribe the mode of piling and arranging the same, and if he deem it necessary, shall require the person to whom the privilege is given, to keep a lamp burning so as to show To keep Lamp, their situation at all hours between dark and midnight, when the Moon is not shining, and in failure to keep such lamp, the permission will be considered revoked. SECTION EIGHTH. No person shall place in any street on any side walk, any Boxes in streets, empty boxes, empty casks, or other obstructions of any kind. No person shall keep in the street, firewood, or any species Fjrew0od &c. of wheel carriage not in use longer than twelve hours. Excavations in any street shall be securely covered at all Excavations, times when persons are not at work therein. No person shall deposit in any street or public alley any , . r L J . r j j Shavings and shavings, brickbats or other refuse of building materials, and brickbats, permit them there to remain for a longer period than twelve hours. No person shall throw or cause to be thrown from any . 1 , n 1 T , Not to throw upper windows or doors of any store or building, any bagging, from upper door» rope, bale, or any other article which shall in any manner en- Bagging, &c. danger or annoy the passengers on any street. SECTION NINTH. No person shall put into any public pump, pieces of brick Pumpg not tobe or other substances tending to prevent the free use thereof, trash'"'1 wlth No person shall place or cause to be placed near a public To be kept clcsr pump any barrel or other vessel of coopers' ware, nor wash 0f obstructions, or rinse any clothes, vegetables, or other articles, within twen- ty feet of such pump. No person shall throw any vegetable or animal matter, or other offensive substance, in the Savannah river, from any noftobe'tiTro'wn part of the City of Augusta, under penalty of not exceeding mtheriver' one hundred dollars for each and every offence. SECTION TENTH. No person shall beat a drum, or cause one to be beaten, Beating Drum within the limits of this city, at any time after sun-set, without hibTtud''^'11>r°* a written permission from the Mayor or two Members of Coun- cil, except in cases of military parade or when there is urgent Exception, necessity for giving immediate alarm. e SECTION ELEVENTH. Privies,sinks not ^ shall not be lawful for any person to build, have or keep streets,"SieJ^or anY Privy, nor to dig> have or keep any sink or well for a lots* Privy, within four feet of any street or public alley, or within two feet of the boundary line of his or her lot. Any person Penalty. violating this section, may be fined in a sum not exceeding one hundred dollars for every offence. SECTION TWELFTH. ?iauCghter-feusd No person shall butcher, or keep a slaughter pen or slaugh- prohibited. ter house, in this city. River banks, SECTION THIRTEENTH. No person or persons shall hereafter, upon any pretence, cut commons and away or carry off any part or portion of earth from the bank streets, earth net J J J 1 r to be removed of the river, or any part of the commons or streets of the city, Without leave. /• •»«•, „ . without leave of some Member of Council m the district where the dirt is to be carried from. Any person or persons violating this section, shall for every offence, be fined in a sum Penalty for. not exceeding fifty dollars. SECTION FOURTEENTH. No person or persons shall place any jetty or breakwater, lavannah^iver or other obstruction, in any part of the Savannah river opposite not to be put. Qty 0f Augusta, without first obtaining permission of Council. All persons violating this section shall be fined in a Penalty for. sum not exceeding one hundred dollars for every day's con- tinuance of such obstruction ; and if the obstruction be not removed by the offender within ten days after such fine is im- Pine imposed, posed, the same shall be removed at his expense, by the City Marshal, and the amount of such expense reported and col- lected in the manner hereinafter provided. It shall be the duty of the Mayor forthwith to enquire into Mayor's duty in # J . , , regard to the existence of any such jetty, breakwater, or other obstruc- tion in the said river, and to cause the person who placed the summmoned to same therein, to be summoned to appear before any regular Council. or cape(j, meeting of Council, when the Council shall hear evidence touching the same, and may order such obstruction to be removed, and if the same be not removed by such person Duty of Marshal within ten days, it shall be the duty of the City Marshal to in regardto. remove it, and report the expense of such removal to the Coun- Kxecution to cil, who shall order execution for the amount to issue against 1Mue" such person, to be levied of his goods and chattels. 7 SECTION FIFTEENTH. It shall not be lawful lor any person or persons to camp and camping, fco. make a fire below Campbell's Gully, or in any part of Broad- unprohibited street within one hundred yards of any dwelling or other building. It shall be the duty of all officers of Council, on finding any person or persons encamped in violation of this section, to order ® ® t0 order them to remove forthwith ; and in case of refusal, such officer shall arrest such offender or offenders, and take him or them before the Mayor or some Member of Council, who may fine him or them in a sum not exceeding twenty dollars; and upon Refusal, penalty refusal to pay such fine, he or they may be committed to the jail of Richmond county. Any occupant of a lot, or any lot holder, or owner, who shall permit or allow any wagoner, or other person, to make a fire Occupants of , . , it,. , • t . i I0*8 n°t to allow m any lot occupied or owned by mm or her, within one hun- fires. dred yards of any dwelling, or other house, shall be fined not Penajty for exceeding one hundred dollars. SECTION SIXTEENTH. No cellar door shall extend more than six feet into any side Cellar doors, " their extension walk, street or alley; nor shall the outer or front part be ele-and elevation, vated above the level of such side walk, street or alley. Porches, steps or platforms, shall not extend more than four Porcheg and feet into any side walk, street or alley: neither shall they ex" sion°&c1S'eXtei1 .end beyond the house or dwelling, on any street or alley. All and every person or persons who have or may encroach on any of the public streets and alleys within the limits of this city, by any building, porch, steps, cellar doors, railing, platform, or enclosure or obstructions of any kind, except as before ex- tobe^emovedtS cepted, shall remove the same by order of Council. Any Council1 °f person or persons owning or having charge of any building or lots where there are encroachments of any kind, who shall neglect or refuse to remove the same, after having received three months notice to do so, shall be fined for every day of Penalty for re- • fusel to remove such refusal or neglect, in a sum not exceeding one hundred after notice, dollars. Arcades and porticoes may be erected on Broad street, un- Arcades and /. n ., porticoes, der the direction of the City Council. SECTION SEVENTEENTH. It shall not be lawful for any person or person to fire a gun, FirincrgmK, pi<- pistol, or any other fire arms, within three hundred yards of tern' i"oill,Ji" 8 Exception. any house or public road, except in case of military parade, Persons offending against this section shall be fined in a sum not exceeding twenty dollars. Penalty. SECTION EIGHTEENTH. Disorderly con- Any white person who shall be guilty of quarrelling or other- elsewhere?6180' wise acting in a disorderly manner in the streets or elsewhere, Penalty for, shall forfeit and pay a sum not exceeding one hundred dollars Apprentices and —wand if such offence be committed by an apprentice or minors liable to xl . . ,. . , n , , be committed toother minor, such apprentice or minor shall be liable to be iS"**8 ^ne 18 committed to the common jail, unless the master, parent or guardian of suph apprentice or minor pay to the city Council such fine as they impose. Any person who shall be found drunk, or acting in a dis- or'acUn/disor-' orderly manner, in the streets, or elsewhere in the City, may fined !n°gua?dU" ")e committed to the guard room or to the jail, by the Mayor, room »r jail. any Member of Council, by the Marshal or other officer of How discharged the City, until discharged by the Mayor, by the committing Member, or by due course of law. SECTION NINETEENTH. Persons of color ^ shall not be lawful for any person or persons to confine, ^dor'chastised" or chastise any slave or person of color, in any of the streets streets. or alleys of this city. SECTION TWENTIETH, Assistance to be Any white person between the age of eighteen and fifty rendered when years, who being called on by the Mayor or any member or required by ejtjrJ ® J J * odicers. officer of Council, for assistance to suppress any affray, breach of the peace, or other outrage, and shall refuse such assist- refusal f°P ance, shall be fined in a sum not exceeding fifty dollars, unless a sufficient excuse is given for such refusal, o posing city Any white person in any manner opposing the City Officers ©dicers,8 y >n the discharge of their duty, shall, on conviction, be fined in penalty for a gum not exceeding one hundred dollars. SECTION TWENTY-FIRST. No person shall buy, receive from, or barter with any slave Trading with , 1 . „ ,, " ' , / slaves prohibit'd or slaves, for fodder, corn, or other grain, meat or poultry, or for goods, wares and merchandise, or produce of any kind, except such articles as are allowed by the laws of this State, Without written unless such slave or slaves have a written permission from his, remission, her or their owner or employer, which permission shall partic- 9 ularly describe the article or articles to be sold or bartered. Any person violating this section, shall be fined in a sum not .exceeding one hundred dollars. Penalty. SECTION TWENTY-SECOND. No person or persons shall hire, lend or deliver to any slave „ e i i , n Not to hire or or tree person ot color, any horse or horses, gig, sulkey or lend Horses, &c. buggy, or carriage of any kind, without a writtenjarder from sons^eoiorf" j. , i (, ei* without written the owner or guardian ot such slave or tree person ot color, order, under the penalty of not exceeding fifty dollars for each offence. Penalty for. SECTION, TWENTY-THIRD. No person or persons, vending goods, wares, or merchan- dize, or retailing spirituous liquors, shall, un^er any pretence, Slaves &c. pr0. employ or permit any slave or person of color to sell any such goods, wares, merchandize, or liquors, unless the owner there- Excepti0n. of, or some other white person in the employment of such owner, be present; and every white person herein offending shall forfeit and pay the sum of fifty dollars for each and every Penalty for. offence. SECTION TWENTY-FOURTH. It shall be the duty of the City Marshal, or any other officer of the City, to confine in some proper place all hogs found lirfeprohiwted! running at large, and immediately advertise the same at the ,, , TT . , ■, . . n , • , /•/. . , Duty of Marshal Market House, with a description ot their marks, (it any) and in regard to. notice that the same will be sold at some specified time at the end of two days. If within that time said hogs are applied for by their owner, said hogs shall be delivered to them by the Officer on receiving the sum of fifty cents for every hog belong- cl1* ing to the city, and twenty-five cents for every one belonging to the country; and if not then delivered they shall be pub- licly sold to the highest bidder, and the net proceeds paid to to besoil!edfor the City Treasurer. No goat or goats shall be allowed to run „ , J . . ♦ Goats, running at large within the corporate limits of the city; and any goat ^dlarge Prohibi- found running at large shall be taken up by the proper officers and confined in some secure place, and after three days notice at the Market, the Marshall shall sell the same: provided, Notice to sell. the owner shall have the right to redeem the goat or goats, on May be redeem- the payment of one dollar each—the money arising from the sale or redemption of the goat or goats to be paid into the City Treasury. It shall be the duty of the Marshal and City Constables to 10 take into his or their possession any horse, mare, gelding or mule, found running at large, between the first days of Novem- Horses to be ta- ^er and April, and confine such ankpal so taken up in such vertisedand ad" place as shall be designatedffiy the' Marshal^and it shall be the duty of the Marshal to advertise th^same at the Market house, and in one of the public gazettes of J;he city fifteen days —taking care to give a particular description of the same in the said advertisement. If any such horsefahare, gelding or mule, shall belong to any person or perspns re-siding within the limits of the city, he, she or they, shall be entitled to the same, Fees and fines on due proof of property, and on paying One dollar to the for city Horses. f , K J . , / , . , „ Marshal for each and every animal fo taken.dip, and all costs and expenses for advertising and ^keeping the same; and moreover, pay a fine of two dollars for'each and every horse, mare, gelding or mule. And in all cases when it shall appear by proof, that the animal or animals so taken up, is the right Countyborses , . .1. ... , ». to be delivered and property ot a person or persons residing without the hm- costf.yment°f ^s of the city, then and in that case, it shall he the duty of the Marshal to deliver up the same, on receiving the amount of costs and expenses for advertising and keeping. Hawking cake, &c. in streets prohibited. Construction. Fines and penalties. SECTION TWENTY-FIFTH. No person shall sell or hawk beer, cake, or confectionary, in the streets or alleys of this City : but nothing herein con- tained shall prevent persons from the country offering any produce they may have for sale, in such quantities as may be required, provided the same does not conflict with any existing section of this ordinance. Any white person violating this section shall be fined not exceeding fifty dollars, and if the same shall be violated by a slave or free person of color, he or she shall be arrested by the Marshal or any of the City Officers, and committed to the guard house, until all expenses and one dollar to the arresting officer is paid. Hvdrants. SECTION TWENTY-SIXTH. It shall be the duty of all lot owners into which Hydrant ?rsto°kcepind''Water is or shall be introduced, to use due dilligence and care order. to keep the pipes which convey water into their lots, as well as the hydrants and faucits attached thereto, in good order, so that water may not be wasted. It shall be the duty of all persons occupying lots into which Not to permit Hydrant Water is or shall be taken, to take care that more more water than J necessary to be Ayater is not drawn from the Hydrants on the premises they drawn. 11 occupy, than is required for the use of themselves, their fam- ilies, servants and dependants. Any person violating any of the provisions of this section, may be fined in a sum not ex- ceeding one hundred dollars. renaity. SECTION TWENTY-SEVENTH. No person, not belonging to a family occupying a lot into ^ ^ which Hydrant water is taken, or who is not one of his or her not to be used dependants or guests, shall take or cause to be taken Hydrantbut by famil> ,Si'0 water from such premises; under the penalty if a white person, of being fined not exceeding twenty dollars for each penalty, and every offence, and if a slave or free person of color, of receiving twenty-five lashes: which may be commuted by a fine. SECTION TWENTY-EIGHTH. Any occupant of a lot, who shall throw or discharge, or jj0t holders not permit to be thrown or discharged, from his or her premises, &c! fo'to street^ as much water or wet substance as may put any part of the anciT*"6 nmS~ streets or alleys in bad order, shall be fined not exceeding fifty penalty. dollars, for every day such nuisance shall exist: but. such oc- cupant may, under the direction of the Street Committee, con- , May construct struct a drain or hollow pavement along or across any street drain. or alley over which such water or wet substance may pass, without causing a nuisance. SECTION TWENTY-NINTH. No person shall keep on his or her premises any nuisance Nuisance on lots to the annoyance of his or her neighbors. Any person soprohlbltec1, annoyed may complain to a Member of Council belonging to Manner of his or her ward, who shall require, in writing, an abatement 0flcdress- the nuisance complained of, in twenty-four hours; should the nuisance not be abated or removed at the expiration of that Refusal to abate time, for every day following, the person on whose premises it remains, may be fined in a sum not exceeding twenty dollars, renaity for. SECTION THIRTIETH. It shall be the duty of all holders of lots or lands, whether Duty of lot and the same be enclosed or unenclosed, to keep them clean and kTcp same fo^r- dry—they shall permit no sink to contain water, hut shall fillaer' up all low places on said lots or lands, in such manner as to Jiaces! Up 1<>W pass off the water, and shall every day except the Sabbath, remove from said lots or lands, all decayed and decaying ve- To remove vege." 12 table and animal getable and animal substances, and in general every thing matter every , . iii /• • day, and place it tending to corrupt the air, and place the same (in convenient twee'iTday light heaps) in the streets opposite said lots or lands, and twenty feet and 9 o clock. prom tpejr boundary, between day-light and nine o'clock in the morning; and no person shall throw trash or filth into the streets, from their lots or lands, at any other time than between day-light and nine o'clock, A. M., nor on the Sabbath day. And in case of failure or omission of any holder or holders of lots or lands, or other person, to fill up any sink, or low place, after notice from the Mayor or any Member of Council, to him or her, or to his or her agent, (to fill up the same) Coun- Refusal after no may Proceed to fill up the same at the expense of the said tice, Council to l()t or land holder, or other person : and so soon as the expense fill up, and issue _ 7 r 7 r execution. is ascertained, execution shall issue lor the same, and the amount levied and made from his or her property ; and the said lot or land holder, or other persons, shall be fined in a sum not exceeding one hundred dollars, for each day that such notice shall remain uncomplied with. Penalty for. SECTION THIRTY-FIRST. Kites—flying No person shall fly a kite in any settled part of the city, prohibited. nor within fifty yards of any road leading to the city, within its corporate limits. It shall be the duty of the City Marshal, Duty ofMarshai and all officers under his control, to destroy all kites in the city used contrary to this section.j SECTION THIRTY-SECOND. Boats with dam- Boats of all kinds, which shall contain any damaged corn, from Cplace^C'im or any PutrM substance of any kind, or which shall come from below'Eastmain any P^ace infected with malignant or contagious disease, shall Boundary street, remain below East-Boundary street, with all the crew and until examined J 7 and certificate passengers on board, until examined by the hospital physician, or such other physician as the Council may appoint for that purpose, and until the said physician shall issue his certificate stating that such boat or boats may come to the city of Augusta without endangering the health of said city ; and any owner, captain or consignee, of any boat arriving within the limits of this city, without first complying with the regulations contained , „ in this section, on conviction thereof, shall be fined in a sum Penalty for libt , complying with, not exceeding five hundred dollars. Boats with wa- All boats not in actual use, and having water in their holds, removed.dS't0 be shall be removed from opposite the city during the months of June, July, August, September and October. 13 Any person violating this section, shall be fined in the dis- cretion of Council, in a sum not exceeding one hundred dollars Penalty, per day, and shall moreover be liable for all expenses incurred in removing such boat or boats. SECTION THIRTY-THIRD. It shall not be lawful for any person to introduce slaves for Slaves and free persons of colof sale, or any other purpose, or tree persons ol color, or tree not to come intc white persons, to come within the limits of the city, from any places infected. place where the small-pox, or other dangerous disease prevails, liable to be taken by infection or contagion, without permission Pefmfesion of from the Mayor, who is hereby authorised and required, as'histhe Maror- sound discretion shall direct, to admit or exclude them till un- der quarantine a sufficient time to prove their exemption from the seeds of such disease j and that if such introduced persons, or any other, become infected with the small-pox, or other dan- gerous, contagious or infectious disease, they shall not be sent persons infected,- under any circumstances to the City Hospital, or any other cittyt°Ho" upon in- strumentof music alter sunset, without permission from the strumentsofmu- Mayor or two Members of Council, unless employed in the down, without house of some citizen. No slave or free person of color shall ^xceptiom' be absent from his or her home fifteen minutes after the bell Not to be absent shall have been rung, without a sufficient pass, under the pen- ing,withoutn^ss alty of fifteen lashes, to be inflicted by the Marshal or any Penaity. Officer of the City, and be confined in the guard room for further examination, if found under suspicious circumstances. No slave or person of color shall keep lights in the houses Not to keep „ lights after tea which they occupy after ten o'clock at night, unless in cases o'clock. of necessity. 16v SECTION THIRTY-NINTH. Slaves and free No slave or free persrMof colo^liall, in the stfeefe^r else-' persons of color r ^ ' fiffhting, quar- where,.fight, quarrel, riot, or othefwise act in a disorderly i-ellil^r and dis.j ® ^ -* ,J orderly. manner, under the penalty of chastisement by any officer of the City, not exceeding twenty-five lashes. Corporal pun- Corporal punishment or confinement may iie commuted ishment may be P ™ .. „ comn^ted. m the discretion of the officer trying the case, for a pecuniary fine, not exceeding fifty dollars for. each offence, proved the master or guardian be willing to pay it. SECTION FORTIETH. Slaves, &c. not No slave or slaves, or free person of coloj, shall be^allowed the *aie of beer,r to keep a shop or stops for the sale of bder, cake, fruit, soda on^h'e^'rowna'c- water, or any similar articles, on their own account; nor shall eiit'of others!'611" any slave or slaves, or free persons of color, be permitted to keep such shop or sjiops on account or for the benefit of any other person whensoever. Ahy slave or slaves, or fre^per- son of color, found, keeping a shop and selling, bartering, or if found ba^r- trading in any way, shall be taken up and punished-by whip- ished? 6 pun ping, with not more tluyj thirty-nine lashes, for each and every offence, and shall stand committed till the officer's fees are j^paid. SECTION FORTY-FIRST. IPrec negroes,&c iFree negroes and free persons of color, registered as such topay^tax ofty in the State of Georgia, arriving within this city, shall within da^s.Wltlun ten ten days after their arrival, pay to the Collector and Treasurer v0r neglect or' two* hundred dollars. In case of neglect or refusal to pay committed'to the same, every such person shall be committed to the jail of ^ai' his city until the same is paid, or he or she betlischatged by >rder of Council, or by due course of law. SECTION FORTY-SECOND. Slaves and free N° slave or free person of color, shall be allowed to preach, notTnowed°/°r exhort or teach, in any meeting of slaves or free persons of fn meetingsXofrt co^or' f°r public Worship or religious instruction, in this city, persons of color, f except at funerals or. sitting up with the dead,) without a except at funer- v r r o i * / ais, without li- license in writing from the Inferior Court of Richmond county, cense from the ° inferior Court and Mayor of .the City, regularly granted under the Act of and Mayor. , , , * .• rw i v ti(R General assembly of this State, passed on the twenty- third of December, eighteen hundred and. forty-three, erfn^ngmifof No colored preacher residing out of the oounty of Rich- luchmond^tf. ' mond, shall preach, exhort, or teach as aforesaid, until he has 17 produce license produced his license granted under the act aforesaid) and had same counter. , . r» 1 • • • i • S|gned by the the same countersigned by the Mayor of this city, or m his Mayor or two absence by two Members of Council. Council* °f Persons qualified as aforesaid, may hold meetings in this May hold meet- city for the purposes aforesaid, at any time during the Sabbath anfunf Tuesday day, and on Sunday, Tuesday and Thursday nights, and atnighu^an^af no other time except at funerals. funerals. No meeting of slaves or free persons of color, for the pur- Not to continue lstor th 3.H ten poses aforesaid, shall continue at any time later than ten o'clock at night. o'clock at night—All slaves or free persons of color attending , . , ° r ° To be arrested anv such meeting after that hour, shall be arrested and pun- and punished, " . ^ with tickets af- ished under this ordinance, whether with or without tickets ter ten o'clock, from their owners;—and all such persons returning from any ' 1 . and without such meeting, after the ringing of the market bell, without tickets after bell tickets, shall be arrested and punished as in other like cases. S Every offence against this section shall be punished by whipping, not exceeding thirty-nine lashes, or fine not exceed- Penalty, ing fifty dollars. SECTION FORTY-THIRD. No person shall vend any spiritous or fermented liquors, in „ . , . . J i _ ^ Retailing jn quantities of one quart or one gallon, or in any intermediate quantities of one ■ , T e 1 /-,• ^ -1 1 • , ,• quart or one gal- quanlitv, without a license from the City Council, which li- ion—License , ,T „ . , . • i No. 2, price of. cense shall be designated as No. 2, and the price of which shall he live dollars. r A No person shall retail spiritous or fermented liquors in less Retailing in less quantities than one quart, within the limits of the city, with- one quart—Li- out a license from the City Council, which license shall beprice of.°' ' designated as No. 1, and the price of which shall be sixty- two dollars and fifty cents. Eveiy person desirous of obtaining a license, shall apply in writing to the City Council, at least ten days before the whmTmade, to first day of October, stating the number of the license for license—{llace which application is made, mentioning the place where he or te'done^ade 1Sl° she intends carrying on such license trade, and accompany- ing the application with a certificate of two or more respecta- certificate to be hie inhabitants of the ward in which such applicant resides, gp^isfMiityo'f recommending the applicant as a fit person to be entrustedCertllieis* witlvsuch license and offering to become his security : Pro- vidqd, /however, that" no one shall sign more than three proviso. certificates, and that no such certificate shall be signed by any person possessed of or applying for a license. Every license shall be and continue in force for one year, Timeofcontinu. J J > ance of license. B 18 and no longer: Provided, nevertheless, that Council may be Council may authorised to grant licenses to such person or persons as may after the usual not ^ave applied at the usual time—who shall notwithstanding time,™ payment pay therefor as though they had obtained such license for' the of full price. r j ^ o J full and entire year, commencing at the period before stated. If Council grant the permission requested, the applicant shall, before the license is taken out, produce to the Clerk of Council, the receipt of the Collector and Treasurer for the Bond to be given price of such license, and give bond with approved security sideredJ, as "re- in the sum of five hundred dollars, for keeping a decent and ncense.wnhoUt orderly house, under the penalty of being held and considered as retailing without license and punished accordingly. License not to No retail license shall be transferred from one person to be transferred 1 •without consent another, without the consent of the City Council, nor shall any ofCouncil. it, person be allowed to retail m more than one establishment at the same time, under one license. No person shall be per- Retailing in mitted to retail spiritous or fermented liquors in any of the ited.etS prohlb" streets of this city, under any pretext whatsoever. Licensed retailers, (tavern keepers excepted,) shall, within sign bdtrd to be *wenty days after obtaining their license, affix a sign board displayed. near to or ov%r the door of the tenement in which the retailing is carried on; upon which, shall be painted in plain charac- tefs, the words "Licensed Retailer of Spiritous Liquors;" which sign shall be continued until the expiration of the license, Not to sell on and not one day longer. No retailer shall sell spiritous or 10 o'clock"^ fermented liquors on Sunday, nor after ten o'clock at night, or before sunrise nor kcfore sunrise, at anytime; nor shall they, when not permitted to retail, keep open the doors or windows of their retail shops. No licensed retailer of spiritous or fermented liquors, shall permit any slave, not owned or hired by him or her, or law- „ , . fully under bis or her care or charge, to enter his or her retail Not to permit J ® ■ slaves to enter shop, or remain in it, or on the lot attached thereto, at any shops, or remain t J on lot,or to loi ter time, oi• to loiter about the door or in the yard of any house about door or . yard. where spiritous liquors are retailed. No licensed retailer of spiritous liquors, shall sell, give, o>r Not to furnish „ . . . . ..... . slaves or free furnish any spiritous or intoxicating liquors, or permit them persons of color ... iie-iii • i • ^ with liquors, to be given, sold or furnished, by any person m his employ- permission!1"611 ment, to any slave or free person of color, without the written permission of the owner or hirer of said slave, or guardian of said free person of color. Expiration of li- All licenses shall expire on the first Monday in October, May be revoked annually; but may bo revoked by the City Council, at any n time, when the party to whom it may have been granted shall upon violation of violate any ofthe provisions of this ordinance. On the second Monday in May, eighteen hundred and forty-seven, licenses now running may be renewed, to be of force unti-l the first Monday in October following, on paying the proportionate price for the fraction of the year. It shall be the duty of each and every person permitted to retail spiritous liquors, to admit the Mayor or any Member of Council, or either of the City officers, into his or her premises, Officers of Coun- . . ■ cil to be admit- at any time when such permission may be demanded. Any ted upon demand person violating any part of this section, shall be fined in a sum not exceeding one hundred dollars. • penalty. SECTION FORTY-EOURTH. . No person shall run a Dray for hire within the limits of this Draysto be li- city, without a license from the City Council. When a per. son is permitted to take out a license, he or she shall produce to the Clerk of Council the receipt of the Collector and Trea- surer, for the sum of eleven dollars, and give a bond (payable Tax per annum, to the City Council of Augusta) with approved security, in To give bond & the sum of five hundred dollars, conditioned to make good all damages sustained by the carelessness or other imprudent conduct of the driver of the dray. This bond shall, at the Bond to be as- request of an injured party, be assigned to him or her, by the juredparty?1" Mayor, or be deposited in the Court where such party is seek- ing redress, until the case is decided. Every dray shall be order of num- numbered in the order in Which it is licensed ; and eachbenng' license shall expire the first of October, annually. On the License when to second Monday in May, eighteen hundred and forty-seven, expire" licenses now running may be renewed until the first day of October, on paying the proportionate price for the fraction of the year. The Clerk shall furnish to the owner its proper cierk to furnish number, fairly painted on tin, receiving twenty-five cents for "ached to dray!4* the same ; and the owner shall have it attached to some con- spicuous part of said dray. Every dray without its number, shall be considered unlicensed. Drivers of licensed drays Drivers notto shall not between sun-rise and sun-set, refuse to carry a load c^iied'on to or from any part of the city, without a sufficient excuse. The price of hauling a load to or from any part of the city, shall be twenty-five cents, where the weight does not exceed Price of drayage twelve hundred pounds ; over this weight, the driver may re- ceive twelve and a half cents for every five hundred pounds. All carriages, other than drays, kept for the conveyance of other vehicles 20 for carrying goods, or for hire, may be taxed at the discretion of Council, findiscretion. For all offences against any of the provisions of this section, Penalty. the offender shall be ikied at the discretion of Council. SECTION FORTY-FIFTH. Omnibuses and No omnibus, or other carriage for the transportation of pas- carriages carry- / 1 ing ten or mere sengeys, which shall be large enough to carry ten or more gers, <>r more inside passengers, or^more freight of any kind than ordinary wagons|to"be^ road wafgons, shall he allowed to run within the corporate licensed. -limits of" the city, without first having taken out a license. T-h^. pri^e of a license to run one year, for each and every omipbu^/or^arriagc, for the conveyance of passengers, shall ■ Priceoflicense be as follqjtfs: For an omnibus 01* carriage which will not grades.Several caij^more than ten inside passengers, the sum of fifty dol- lar^g forjpy omnibus (^carriage which will not carry over twenty inside passengers, the sum of seventy-five dollars ; for an ptrfnihus Tor carriage which will carry not over thirty inside pas&efigers^the sum of one hundred and twenty-five dollars; and for an omnibus or carriage which will carry over thirty inside passengers, the sum of two hundred dollars. Not to carry No omnibus or other carriage for the transportation of pas- more passengers i n i i i than specified in sengers, shall be permitted to carry more passengers than the Nouocarry number specified,nor sjjall any freight be transported in such Penalty. vehicles, under a penalty not exceeding twenty-five dollars for each and every violation hereof; and it shall be the duty of keeper. the Bridge keeper to notice and report all such violations. The price of a-'lrpense for one year for any carriage or wagon of unusual; construction or size, to carry produce or merchandise, or filter freight, within the corporate limits of forTebic'ies of8 the city, rail road cai's on the Georgia Rail Road excepted, strucUoVtocar- whicjr freight shall exceed in weight the quantity carried by ry freight. orclin'ary road wagons, shall be two thousand dollars. The owneryhirer, or'agent of any omnibus or carriage, for the con- veyanee of passengers or freight, such as described in this Refusal to take section, wftp shall i^^fese or fail to take out such license, shall Penalty for.' he fined in a sum riot exceeding one hundred dollars for each and eveiy day such omnibus or carriage shall be without license.'' SECTION FORTY-SIXTH. Lottery tickets, Eaclj?and every vender of Lottery tickets within the City licensed.0''tobe of Augusta, shall, previous to the first day of February in. each qnd every year ensuing,' take out a license from Ol Plohlb shall take or carry among cotton in warehouses or in boats, &c!not'tobecar-' within the limits of the City of Augusta, any lighted lamp, ton^n^are-COt* candle or other burning light, unless the same is securely con- confined' fined in a good and sufficient lamp or lantern. ln^iamporian- SECTION FIFTY-SECOND. No person shall raise a baloon inflated by the action of fire, Baioons, raised .... ,. . „ , * . t-t ... by fire,ascension within the limits of the City of Augusta. A or shall any of prohibited, person burn rockets, crackers, or any kind of fire-works, ers and fire- within the limits of the city, without the permission of the worksProlllbltl1 Mayor. SECTION FIFTY-THIRD. No person shall carry any fire in any street or elsewhere, Fire not to be unless the same.be confined, that no possible danger can at- &c., unless con- tend it; and no person shall kiln-dry any kind of lumber Not to be used in within the inhabited parts of the city. No person shall kindle dumber!1DS or build up any fire in the open air, either within the streets Fire in open air, or in the enclosure of any lot within one hundred feet of any of bXdings°not building: Provided, however, that nothing contained in thisallowed' section shall be construed to interfere with blacksmiths in the fav0r of black'- exercise of their trade, if they do not make their fires within snuths* sixty feet of any house, nor in Broad street. SECTION FIFTY-FOURTH. All chimneys so constructed as to endanger the buildings to chimneys, to be which they are attached, or the adjoining buildings, shall be removed or so altered as to render them safe, by order of the City Council, on complaint made to the Mayor or any Member of Council. If any chimney shall be on fire, except during or immedi- chimneys burn, ately after a rain, the occupant of the tenement shall be fineding" not exceeding twenty-five dollars. Fenaity for. 24 SECTION FIFTY-FIFTH. dtfzens shall"' ^ie alarm of fire, it shall be the duty of all able bodied subject to the6 ma^e inhabitants of the city to repair to such fire, when they offi€rSs ofFie s^ia^ sui)je°f f° the orders of the officers of the fire com- company. pany, and under whose direction they shall form lines to carry water to the engines, or do any other duty that may be requi- Finable for refu» red. Any citizen who may refuse to obey the orders of the to obey. 0ff]Cers 0f the fire company, shall on complaint and proof before the Council, be fined in a sum not exceeding twenty dollars, unless a satisfactory excuse shall be given. SECTION FIFTY-SIXTH. . Fire engines,&c. The fire engines and other implements for the extinguishing Sol of the Au" fire> belonging to the city, shall be under the direction of fany!FaeCom" Augusta Fire Company, subject at any time to the order of Council, SECTION FIFTY-SEVENTH. Firewardens to The City Council shall, on the second Saturday in January be appointed. evcry year? appoint three fire wardens, whose duty it shall Their duty. be to direct the removal or pulling down of any building or buildings, to stop the progress of fire. SECTION FIFTY-EIGHTH., , Whenever the City Council of Augusta shall determine to Paving side. have the side walks in any of the streets paved, they shall walks—notice . l . l to be given, pro-give at least thirty days notice in one or more of the public posals received n f. » for furnishing gazettes of the city, that proposals will be received for fur- ding andSpaving. nishing a quantity of hard bricks for paving the side walks of the street or streets to be paved, and also for levelling and paving the same. The pavement shall be of such width as Council may di- Gateways.how rect. Whenever gateways are desired for carriages to pass paVU * into enclosures, they shall be paved with paving stones or arch brick placed on edge. So soon as the expense is ascer- tained of paving with brick or stone, the work shall proceed To be done un. under the superintendance of a Committee of Council, who dera Committee , ,, , ,, ... r. , ■, P of Council, who shall have the privilege ot assessing the whole expense ot may assess ex- , , , i t ^ pense on lots such pavement, on those persons owning or having charge ot streetpaved. hits fronting on such streets as may be paved. And any and every holder of a lot or lots, who shall neglect or refuse to pay for such pavement at such price as shall be topayforpavinf contracted for, within twenty days after the completion of the work, having received ten days notice to pay the same, shall to be proceeded against by execution for the amount due, with by exe" the addition of ten per centum for such neglect or refusal. SECTION FIFTY-NINTH. No empty boat having less than three able bodied and com- Boats empty, 1 J , . having less than petent men on board at all times, shall be permitted to fasten to three abiebodied . . „ men on board, or anchor at any place opposite the city above the bridge, tor not to fasten or more than four days, unless when securely fastened with a the bridge for strong chain or cable, at least fifty feet in length, to a growing day^nniTss s°?r tree, not less than twelve inches in diameter, and in the event chain o J cable?81 of a considerable rise in the river, such empty boat, not fast- ened as aforesaid, shall be immediately removed below the bridge. Each boat engaged in loading or unloading during high Boats unloading river, shall have at least four able men constantly on board, ?r?to L^fcured''. and shall be securely fastened or anchored in such manner as to prevent her swinging or drifting on the wharf. The City Marshal, or any other officer of Council, shall have, and they are hereby invested with power, and are re-Duty of Marshal quired to remove or cause to be removed at the risk andn^gfected^boats, expense of the owner, to some place below the bridge, any boat or boats which may be neglected by the owner or agent: and for each boat so removed, the officer shall be entitled to ten dollars, to be received from the boat owner in the same Fees for removal manner as other expenses incurred in the removal. The owners of any and every boat shall be liable ,to a fine Boat owners lia- at the discretion of Council, not exceeding two hundred dol- Ld repair dama- lars, for each violation of this section, and shall moreover,ges" repair all damages done to the wharves or bridge, in conse- quence of such violation. SECTION SIXTIETH. No person or persons crossing the bridge with one or more Bridge, crossing horses, or horses and vehicle, shall cause them to go faster Ssterthanwarn! than a walk, under the penalty, if a white person, of paying Penalty, if a a fine not exceeding one hundred dollars for each and every w " e person' offence; and if a slave or free person of color, under penalty if slave or free of receiving not exceeding thirty-nine lashes for each andperstm ofcolor* every offence. SECTION SIXTY-FIRST. No carriage or vehicle of any kind, which when empty or 26 Vehicles of over when loaded, in whole or part, is of more weight than eight 8000 pounds ^ . , weight not ai- thousand pounds, shall be allowed to pass the bridge, under lowed to pass 1 , iii ii /• i the bridge. penalty of not exceeding one hundred dollars, for each and Penalty ; and r duty of Bridge, every offence; and it is hereby made the duty of the Bridge keeper. ...... keeper to entorce this section. SECTION SIXTY-SECOND. Boats for trans. No person or persons shall be allowed to use or run a boat sengere,'&cfover across the Savannah River opposite the City of Augusta, for river^ot'ufbe transportation of a passenger or passengers, or merchan- penalty disc or produce, under the penalty of not exceeding one hun- dred dollars for each and every offence. SECTION SIXTY-THIRD. It shall be the duty of every person or persons owning or Powder, to be holding gunpowder within the limits of the city, to remove or stored in Public Magazine. cause the same to be removed to the public Magazine. All gunpowder which shall hereafter be brought to the city of Augusta, either in boats or by wagons, or in any other manner whatever, shall, by the owner or consignees thereof, in°s!x houriTaf'1" be conveyed to the public Magazine, within six hours after its terdischarged. digcharge> The rates for storage for gunpowder in the public Maga- Rates of storage, zine shall be one cent per pound for the first twelve months, or any part thereof, if paid by the owner in not exceeding ten days after the powder shall have been stored therein, and one cent and a half if not so paid, and half a cent per pound for every six months following, or any part thereof, to be paid by the owner as the gunpowder is taken away, or sooner, at his Kegs becoming option. If any kegs of gunpowder in the Magazine become keeper to give out of order, the keeper shall give notice to the owner, and if notice to owners , . .,11 • i i ..i • such owner does not put such kegs m good order withm one week the Council shall no longer be responsible for it. It shall and may be lawful for all persons desirous of retail- ing gunpowder within the limits of the city, to keep in their Fifty-six pounds stores for that purpose, fifty-six pounds, but not more at any may be kept in . . , , , , , , • • stores for retail- one time: provided they always keep the same m a tin or ing, if in tin or . . . . copper canisters, copper canister or canisters; and any person or persons who shall keep gunpowder in any other manner, shall forfeit and Penalty for not pay a fine of not less than fifty, nor exceeding five hundred keeping in can- , isters. dollars tor each and every otience. It shall not be lawful for any person or persons to expose Not to be sold in for sale any quantity of gunpowder in any of the streets of streets. . Augusta. 27 Gunpowder which is intended for immediate public or pn- Powder for im- i i i t n -m ii i -pi mediate use to be vate sale, when landed, if brought by water, and if by wagons delivered at or other carriages, shall be delivered at the public Magazine, Inasa^lne• and at no other place. Gunpowder found in the streets in if found in violation of this ordinance, shall be seized by any Officer of seized.' Council, and conveyed to the Magazine, subject to the further order of Council. If an affidavit is regularly made before any Member of Council by any person, that he has good reason to believe gunpowder is kept at any place within the city, contrary to the provisions of this ordinance, it shall be the duty of such Member of Council to issue a warrant to the Marshal to make Warrant to issue search for the same, and if found, to seize and convey the ted places—du° same to the public Magazine, there to remain at the discretion of Council. One half of all fines imposed by the City Council for viola- Fines, how dis. r ' posed of. tions of this section, shall be for the use of the informer. SECTION SIXTY-FOURTH. The stalls in the Market-house shall be rented on the first Market House— Monday in November, in each and every year, to the highest fenteVevery6 bidder. Persons renting stalls shall be held liable for all Lniidder.ehl8h* fees, agreeably to this ordinance, and for the payment of * Renters to give which shall give bond and security in the sum of one hundred bond and secu. dollars, conditioned for the monthly payment of said fees. pajmentof fees. Each and every person renting a stall or stalls, who shall neglect or refuse to pay to the Clerk of the Market all dues Defaulters for ill- ii-i dues, to be de- and demands as required by this ordinance, shall be deprived prived of stall, of the stall or stalls by him rented, and it shall be the duty of rented Mark. Market Committee forthwith to rent the same at the risk of the first renter. The terms of renting the stalls shall be one half cash, at the , * o ' Terms of rent- time of renting, for all sums of twenty dollars or over, the ins- balance payable in six months with approved security; and for all sums under twenty dollars, cash. SECTION SIXTY-FIFTH. All persons under the regulations of this ordinance shall be Regulations of ' at liberty to expose for sale all articles of provisions, country market, or other produce in such stalls, booths or stands in and apper- taining to the market as may be assigned to them by the Clerk of the Market for the time being, such person paying to the Clerk a tax after the following rates, viz:—Those persons who 28 Pees to be paid rent stalls shall pay for every quarter of beef, five cents; for by those who / J , . . • , , rent stalls. every quarter of mutton, goat, kid, venison, veal, or pork, one 'and a half cents; for every hundred weight bacon, six and a quarter cents; for every hog, six and a quarter cents: and those persons who pay no stall rent, shall pay to the Clerk of the Market a tax after the following rates, viz:—For every Fees to be paid quarter of beef, ten cents ; on every quarter of mutton, lamb, by those who do \• # / ' J ^ # ' not rent stalls, goat, kid, venison, veal or pork, three cents ; on every pig, six and ope-fourth cents ; on every hundred weight bacon, six cents; on every hog not weighing more than one hundred pounds, six and a fourth cents ; and on every hog weighing .j^ver one hundred pounds, twelve and a half cents ; and every drover bringing an average beef to weigh at the market, shall pay to the Clerk one dollar, and on every average hog fifty Dei^uents,^ cents. Any person refusing to pay the Clerk of the Market ""of his deputy, the tax required by this ordinance, shall on due proof thereof, be fined in a sum not exceeding ten dollars. SECTION SIXTY-SIXTH. Market hours. The marke£ hours shall be, from the ringing of the large beli at the Lower Market, a half hour before sunrise and eight o'clock, A. M., from the first day of April to the first day of, October, and between a half hour before sunrise and nine o'clock, A. M., from the first day of October to the first Saturday even- dayfof April ;#and on Saturday evenings, from the first day of May to the'first day of October, the market hours shall be between five and eight o'clock, P. M., and the selling of ar- *fcles conducted under the same regulations as the morning market. SECTION SIXTY-SEVENTH. "Venders o/meat All venders of meats shall be compelled to cut and divide to cut the same .. ,. . n on request,or be the same in the ordinary manner on application of any person, fiaed' and on refusal thereof shall be fined in the sum of one dollar. It shall be the duty of all regular butchers attending the mar- ket during market hours, together with their servants engaged Jr°fTOckr apr°n *n cu^n§ meat for sale, to be clothed in a decent apron or To^re^iain^iny frock; they shall remain inside of their benches in exposing benches. meats for sale, in order that a free passage may be allowed for purchasers, through the market. Any person offending against Penalty. this clause of this section shall be fined in the sum of five dol- lars. 29 SECTION SIXTY-EIGHTH. It shall be the duty of all butchers to exhibit the ears of such Butchers to ex- animals as they offer for sale, to the Clerk of the Market, and brandst&o?arkS' to give a description of the marks, brands, and color of the animal so killed, and of whom obtained, and when there is no .To, b;ins th:e, 7 7 , hide to market ear mark, the hide shall be brought with tire ears on it, and on when 110 ear a mark. failure thereof shall pay a fine not exceeding fifty dollars; and all such returns shall be entered by the Clerk of the Market clerk of the r. . , . •, market to keep on record, free of expense, in a book to be kept by him for register of that purpose, which shall at all times be subject to the exam- ination of any person desiring the same, said Clerk being paid Fee for examin- twelve and a half cents for each examination and fifty cents fof certificate!11 for each certificate. The Clerk shall take possession of all ears brought to mar- cierk to take ket and exhibited by butchers, keep them in a safe place, and desTroy earsnd from time to time cause them to be destroyed. All butchers shall immediately after market hours scrape Butchers to J 1 clean their stalls and clean their stalls, blocks and benches : they shall remove &c->and remove parts unfit for the feet of all animals, and all other parts unfit for use, which use. are brought by them to the market. SECTION SIXTY-NINTH. All persons shall be at liberty to supply the market with All persons may any kind of provisions or vegetables during usual market with'provisions, hours, and on Saturday evenings, from the first of May to the fog'to^eguia™" first day of October inclusive, under the restrictions aforesaid.tl0ns" SECTION SEVENTIETH. No person shall contract for, sell, or otherwise dispose of Articlesnottobe 1 . s°l" outside the outside of the market, during market hours, any butter, eggs, market. or meat subject to tax. SECTION SEVENTY-FIRST. No person shall buy or contract for, or cause to be bought or contracted for, any quantity of provisions or other articles pr0k usually vended in market during market hours for the purpose of speculation, or in any such quantity as to prevent others from having an equal share of the same, or as much thereof as the Clerk of the Market may suppose the applicant or appli- ^j^butfon fair cants entitled to, according to the. supposed number of his, her or their family. SECTION SEVENTY-SECOND. ■ No person shall contract for, buy, receive or take from any Purcliag;ng pro>. wagon or cart, or in any manner control any article of pro- visions at other 30 place than mart-visions, usually vended in market, (except butcher's meat,) et house, during , , market hours, at any place within the limits of the city during the market prohibited. , J \ , , . J b , . . . hours, but at the market house. Any person violating this Penalty. section shall pay a fine not exceeding one hundred dollars. SECTION SEVENTY-THIRD. Restricting No slave or free person of color, shall sell, or offer for sale, slaves and per- sons of color in more than one turkey, two chickens, and one dozen eggs, on the sale of poul- ... try, &c. any one morning during market hours. SECTION SEVENTY-FOURTH. Vehicles bring- All wagons, carts, and other vehicles in which any provis- ing provisions to . ' market, to be ions may be brought to market, shall, before any thing be articlesarere-6 taken therefrom, be arranged and disposed in the following xnove ' manner, to wit:—All wagons, and vehicles of four wheels, Order and posi- shall be placed with the hinder part thereof next to the market tion of four 1 wheel vehicles, house, on each side j they shall be placed four feet from each other, and with the hinder pail of the wagon or vehicle in a line with the side or curb stone, On each side of the market; the horses shall be detached and tied to the tongue or to the Order of two rack on the side of the street. Carts shall be arranged in the wheel vehicles. ° same manner, except that the shafts shall rest on a line with the hinder part of the wagons and other vehicles, the horses to be detached and tied to the hinder part of the carts, or to the racks as before directed. • SECTION SEVENTY-FIFTH. Persons mount- No person except the owner shall mount upon any wagon, markeg'or pUfer- cart, or other vehicle at market, and no person shall take from ing—finable. any individual at market, any article whatever without per- mission of the owner or without having paid for the same. Every person so offending shall pay a fine not exceeding ten dollars, on conviction before the Mayor or any Member of Council. SECTION SEVENTY-SIXTH. Filthy wagons,. No person shall bring within one hundred feet of the mar- matter,'nottobe ket house any filthy wagon, cart or other vehicle, nor shall any in market.ear °r Person bring to the market any tainted tallow, or any other offensive matter whatever. Nor shall any person vend in said Unsound provi- market any unsound, impure or unwholesome article of pro- sion not to be . . sold. vision whatever. 31 SECTION SEVENTY-SEVENTH. No wagon, cart, or other vehicle£loaded with cotton, corn Loads of cotfow, or fodder, or of which these articles form the principal load/ not to stop near shall, during market hours, stop on either side of the market r"arket llouse* house, or within fifty feet of either end thereof!/ ^ y /iUrtp »/ SECTION SEVENTY-EIGHTIL / It shall be the duty of the Clerk of the Market to direct the Duty of clerk of order in which the butchers shall place their benches and direct the order blocks, and he shall also direct persons where and in what es, &c. and place place their meats, vegetables, and other articles brought to sLns"kc.rprtm market shall be placed. And any person neglecting to obey such order or direction shall be fined in a sum not exceed- tedYenceof or-°" ing ten dollars. ders' SECTION SEVENTY-NINTH. No cotton shall be weighed in the City of Augusta, except Colton t0 be at a warehouse, and all keepers of warehouses, as well as their ™J^edat ware assistants* shall, before they commence the business of weigh* ing cotton, appear before some Member of the City Council, keepers and as- and take and subscribe the following oath : " I do solemnly /astf^nts t0 make swear (or affirm) that I will to the best of my judgment and ability, correctly weigh or cause to be weighed all cotton Form of oath, brought to the warehouse where I officiate, for the purpose of being weighed, and will make a reasonable deduction for wet, if in my judgment any should be made on that account, and make or cause to be made a fair return of the weight •to the person entitled to receive the same," which oath, Affidavit to be when taken, shall be deposited with the Clerk of Council; of Council, and all and every person or persons who may offend against the provisions of this section, shall be subject to a fine not exceeding one hundred dollars for each oflence, and in all Penalty, cases where any warehouse keeper or assistant shall fail or neglect to take the said oath, or to file the same with the Failure to^make Clerk, the said warehouse keeper shall be held and deemed keepers to be the offender, and be liable for the penalty; and it shall be the right and privilege of any purchaser of cotton in any ware-Purchasers to house or store, to have the same delivered to him at the actual livered at actual weight thereof at the time of sale, to be ascertained by weigh- weJSht*J • ing ; and each and every vender of cotton or keeper of a ware- house or store, who shall refuse to deliver such cotton by actual weight, shall be fined in a sum not exceeding one penalty for reft*- hundred dollars for each offence. sal" 82 SECTION EIGHTIETH. Fodder, hay, kd. All fodder, hay, oats, straw, shucks, pea vines, and slicll to be weighed at , .< . the scales at the other articles as . are generally known under the name of fod- lower market. n , . .. der, brought to the city in wagons or carts, tor sale, shall be •weighed at. the scales prepared for that purpose near the lower market. Duty of clerk It shall be the duty of the Clerk of the lower market to Market to weigh superintend the weighing of all fodder, hay, oats, straw, shucks fodder, hay, &c. awc| v In Cs, at jill hours of the day from sunrise until silnset; clerk's fees for and the party selling the same, shall pay to the Clerk twenty- u eighma. five cen{s for each wagon, and twelve and a half cents for each cart or dray. Every person'who shall violate the provisions of this see-* Penalty. tion may be fined in a sum not exceeding twenty dollars. SECTION EIGHTY-FIRST. Weights and All weights for weighing any article of produce or mer- Weights to be of chandise, shall be of the avoirdupois standard weight, and all standard—mea- measures for liqUor, whether of wine or ardent spirits, of the &x.^i'°tIk''v.'ine' wine measure standard, and all measures for grain, salt or &?.of the'wTn.' other articles usually sold by the bushel, of the dry or Win- stamdards?asure Chester measure standard, and one complete set of weights and measures of the aforesaid standard shall be kept at the To be kept by Market House, or in the charge of the Clerk of the Market, the Clerk of the ' ° ' Market. under the control, direction and superintendance of the City Council, and all weights and measures used within the City shall be in conformity to the said public standard. It shall not be lawful for any person or persons to make use of any Brass and iron other than brass and iron weights, regulated as aforesaid, or uVsed.htS t0 be weights of any other description than of fifty, twenty-five, Denomination fourteen, seven, four, two, one, one half, one fourth pound, two of weights to be ' • •• . used. oz., one oz.,-and downwards ; and every weight 01 any other denomination, as well as ev#y weight or measure found defi- Deficient cient, shall be liable to be seized l>y any person discovering weights to be ^ . . seized. the same. And any person or persons selling or buying any articles by weights or measures below the said standards, or Selling by false having in his possession or using any unjust or false weights, surel—penalty scales, beams, or measures, or selling or buying by scales un- justly balanced, or by false measurement, shall for each and every offence forfeit and pay a fine not less than five nor more than one hundred dollars. 33 SECTION EIGHTY-SECOND. It shall be the duty of the Clerk of the Market and the Dut}- 0fcierk of City Marshal to attend all stores, shops and other places where Marshal,''to ex? weights and measures are made use of, for the purpose buying and selling, and to examine all weights and measures; toreguiateient and all such as are found deficient or not agreeing with the standard, shall he seized and so regulated as to conform to the standard; and all weights and measures found correct, shall be stamped with the letter A. And it shall be the duty To be stamped, of the said Clerk and Marshal, as often as Council may di- rect, to examine all such weights and measures, to seize and regulate such as are found deficient as aforesaid"; and for every weight or measure found deficient and regulated by the standard, the owner thereof shall pay to the Clerk and Mar- * shal for such regulation, the sum of twenty-five cents. And Ung/01" re°ula" the Clerk of the Market and City Marshal shall attend at the warehouses and commission stores within the limits aforesaid, Warehouse and 7 Commission and examine all the weights and measures there made use of,store?t0 have ° . w eights,&c. reg- and stamp and regulate such as are not stamped according to ulatcd. this section; and for each and every weight and measure stamped or marked, the Clerk and Marshal shall be entitled to Fee for regula- receive from the owner twelve and one half cents. ting. SECTION EIGHTY-THIRD. The Mayor of the City of Augusta, shall be the chief Ex-Mayor, to be the ecutive Officer of the City. It shall be his duty to have the officer'*60"*1™ ordinances and laws governing the City, put in full force, in- spectthe conduct of all subordinate officers, and as far as in General duties. his power, cause all negligence, carelessness, and positive vio- lations of duty, to be prosecuted and punished. It shall be the duty of the Mayor to hold a Police Court, at such hour and To hold a Poijca place as may be fixed by Council, or appointed by him, forCourt- the examination of offences that may be reported to him, or of such persons as may be lawfully brought- before him, and r . J J ° . To bind over of. he shall bind the offenders over to appear at the Superior fenders to supe- Court of Richmond County, or before the City Council of Augusta; but the Mayor shall be vested with power, after hearing testimony in case of a white person brought before May fine or com- the Police Court, to impose such fines as he may deem reason- who consent to • exercise of able, or commit him or her to jail, as the law or ordinances thority. of the city require, on those persons who may consent to the exercise of the authority hereby vested in him, but who, ne- But retain the vertheless, shall retain the right of appeal to the City Council; togcouncH.reaI C 34 To try and pun- and if such offenders be slaves or free persons of color, he fre/pcrsoufof shall proceed forthwith to try and punish them, he being here- by vested with all the power heretofore given by ordinances to any two Members of Council in such cases. Mayor may call The Mayor is authorised to call any Member of Council member oi'lxmiw * # J cil to preside in to preside during his absence in tile Police Court, and the Police Court. Member so called and nominated shall exercise all the powers and perform all the duties devolving on the Mayor under this ordinance. To make Rules The Mayor shall have full power to make and enforce all of I'oiice court, rules necessary for the government of said Police Court, not inconsistent with the laws of this State, or the ordinances of May require at- the city ; and may require the attendance at said Court of the tejuUnceofoth jypargj-a,], City Constables, and every other officer of the Council. Witnesses to at- All persons summoned as witnesses shall forthwith attend fornon-atumck to testify before said Court, and on failure to do so, may be ance' fined by the Mayor in a sum not exceeding fifty dollars. To examine bills The Mayor shall examine all bills and accounts presented digespCand re- t0 Council, the digest of tax returns rendered by the Clerk of turns of oiticers. counc;]; returns of the Officers, and all other matters and things connected with the finances of the city. 8alary. And for his said services, the Mayor shall receive such sal- ary as may be annually fixed by Council- SECTION EIGHTY.FOURTH. Marshal and It shall be the duty of the Marshal and City Constables, to report otfences report at each sitting of the Police Court", all violations of the to Police Court, n • i •, . 1 , • 1 at each term, ordinances ot said city, tnat may have come to their know- commiu"d°toS ledge since the last report, and to bring before said Court all guaiu-house,&c. pCrsolls committed to the guard-house, or arrested for viola- tions of the ordinances of the city, or infractions of its peace and good order. SECTION EIGHTY-FIFTH. Manner of sum. Every person against whom any information is exhibited, monmg oiiend- (un}ess otherwise specially directed in this ordinance) shall be summoned by note in writing, served upon him or her, or left at bis or her usual place of abode, by any officer of Coun- cil, one day at least before the meeting of Council or Police if party'sum- Court, to appear and answer the charge ; and if upon such appear, &c. may summons the party shall refuse or neglect to appear or render proceed to try. ^ sufficjent excuse for non-appearance, such refusal or neglect So shall not prevent Council or the Police Court from proceeding to try such offender. And any person summoned to attend as a witness in any case to be tried by Council or the Police witncgseg sum. Court, shall refuse or neglect to attend, or to render a sufficient excuse for non-attendance, shall be fined in a sum not exceed-be bued- ing fifty dollars. SECTION EIGHTY-SIXTH. When a fine is imposed by the City Council or Police Court, Finos imposed • if bv Council or it shall be the duty of the Clerk of Council, when called on Police Court, i sv i t I i • • • i i i method of en- by the City Marshal, to issue execution against the bouy or forcing payment goods of the person so fined, which execution shall bear test in the name of the Mayor, and be directed to the Marshal or any Constable of the City. When the Mayor or any Member of Council shall impose Mayor or Mem. a fine for the violation of any ordinance of the city, he shall imposing fine, to forthwith report the same to the Clerk of Council, that it may of Council." be entered of record, and when so entered, execution may is- sue instanter thereon as above. In all cases of the sale of goods under execution, fifteen days Notice of sale, notice thereof shall be given, in one of the gazettes of the under executlon city. SECTION EIGHTY-SEVENTH. In every case of the conviction before the City Council or Fees of officer,in Police Court, of a while person, for a violation of any ordin- tk>i? of white0" ance, the Officer who brings up the offender shall be entitledI>erson* to one dollar. For each and every subpoena issued at the in- stance of any defendant, there shall be a foe of twelve and a subpoenas, fees, half cents to the officer serving the same. In every case of the conviction of any slave or free person of color, the Marshal slaves and per. or Constable bringing up such case shall receive one dollar, lee in case of' and in such cases there shall be no other fee to any othercoimctlon* officer of Council. When the prosecutor in any case shall require the Marshal When prosecu- , , , . . tor is required, to summon more tnan two persons to prove toe same thing, he to pay fees. shall be answerable for the fees, and in all cases of conviction in eases of con- the delinquent shall pay the costs ; and when there is no con- to pay?'0 °n viction the Council will not be liable for the costs. £wncil n.°f lia" l)le for costs. SECTION-EIGHTY-EIGHTH. There shall be an officer known as the Collector and Trea- Collector and surer of the City of Augusta, who shall be elected by the elected. so City Council, by ballot, on the second Saturday in January, or at the first meeting thereafter, in every year, who shall hold his office until his successor is appointed and qualified, unless sooner removed by Council, and who shall be allowed such Salary. salary as the City Council may annually agree on as a full compensation for his services, except such fees as are herein- after particularly mentioned. lie shall give bond with two or Mdwcurityf more approved securities for the faithful discharge of his duties, in the sum of twenty thousand dollars. SECTION EIGHTY-NINTH. Collector and The Collector and Treasurer shall receive all moneys col- Treasurer to rc- ceivc all moneys iected by the otner officers of Council on account of the cor- cers. To fay' poration, and shall pay all demands by order of Council, and To keep'an ac- keep a regular account of all moneys by him received or paid, sen "^Council which account shall be presented to Council at their monthly Money to be de- meetings. AH moneys received by him on account of the posited. corporation shall be immediately deposited in one of the banks of this city, in the name of the City Council; and he shall at every regular meeting of Council, and at all times when re- quired by the same, exhibit his bank book, settled up to the close of the preceding day. No money belonging to the City How drawn Council shall be drawn from the bank "except by a check signed by the Collector and Treasurer. To exhibit bank book. from bank. SECTION NINETIETH. Dutv of the Col. Tim C;1 lector and Treasurer shall collect all taxes due to & Treas. |]ie ctty", unless the collection thereof is otherwise provided - for. It shall be the duty of the said Collector and Treasurer To give notice, to give notice in one or more of the gazettes of this city, and To demand taxes to call at least once at the house of each person taxed, to demand if not paid, to re-the taxes; and unless said taxes be paid within two months turn defaulters ^ ^ ^^ not;ce? p- spaH pe pjg r' faulters for the amount of his, her or their taxes, with the May at all times addition of ten per cent. The Collector and Treasurer shall HoM,nui»nCoath, at all times have the privilege of obtaining executions against &c" any individual or individuals, when he shall appear before any 'Member of Council, and make oath that he has good reason to believe that such person or persons are about to leave the- city, and that there is danger of losing the whole or some part of the taxes due by such person or persons. SECTION NINETY-FIRST. When the Collector, and Treasurer shall levy on the goods, chattels, lands and tenements of such defaulter, he shall sell Col. and Treas. . . , . , . , . , . sales, place of. the same at the usual place ox puoiie sale witnm the city, giving such notice as is required by law of Tax Collectors ^tic®t0 be «iv* Sales; but in case he arrest the body of the defaulter, he Ca ga aga}nst shall commit such person to the common jail of the city, there executed"'U°W to remain until he or she shall pay the taxes due, and costs, or shall be discharged by due course of law. SECTION NINETY-SECOND. At the regular time for returning defaulters on the digest, the Collector and Treasurer shall become liable for the amount For digest, after of the digest, after deducting the sums for which defaultersaufountofd^. are returned ; and he shall become liable for the amount of allloulters- executions issued at the expiration of the period in which by For executions, regular course of law they might have been satisfied, unless they shouldtlWe 1 i /v» * . i , • p . • i .-!■ i,« lio.vtf t)c6ii satis- he shew sufficient cause why satisfaction has not ocen ootaiu- fied. ed; and he shall be liable for the amount of all executions not Executions not satisfied which may remain in his hands at the expiration of cierk, ten days his term of service, unless he shall within ton days thereafter yice.Uira ol'sor' deliver them to the Clerk of Council. SECTION NINETY-THIRD. Whenever it shall appear that the Collector and Treasurer Coi. and Treas. has received money on account of the corporation, or has be- y,ieformonev'to come liable for it under this ordinance, if he does not withinsuccosso^orex- ten days regularly deposit the same in bank, or pay it to his ecutl0u t0 1SSUB- successor, as the case may require, an execution shall issue immediately for such sums, against him and his securities. In case the Collector and Treasurer shall fail to make a Col. and Treas., . _ . , - ,, . if defaulter, how settlement, and pay over the moneys by mm collected, or proceeded which he ought to have collected, according to the provisions 8°aiUbl"" of this ordinance, the Mayor or Chairman of Council (if the Mayor be absent) shall order execution to issue against him and his securities for the amount which he is in arrears, directed to the Marshal of said City, who is hereby reouircd Execution to be ... t directed to Mar- to levy the same immediately on so much of the goods and sUui. chattels, lands and tenements of such Collector and Treasurer and his securities as shall be sufficient to discharge the said arrearages and costs, giving such notice of the sale thereof as Notice of sale, the laws of the State require of Sheriffs taking property under execution in similar cases, and shall be allowed the sarrfo fees 38 Fees of Marshal. f°r services performed by liim under this Ordinance, as are allowed to Sheriffs for similar services. General duties. SECTION NINETY-FOURTH. Clerk of Council There shall bean officer known as the Clerk of Council, whose duty it shall be to attend every regular and extra ses- sion of Council, to record regularly and fairly all the pro- ceedings of Council, in a book to be kept by him for that purpose; to issue all summonses and processes, which may be necessary for the enforcement of the ordinances, laws and regulations of the City; all subpoenas to secure the attend, ance of witnesses, and all executions and writs which may be required under the authority of the City Council or the Police Court; to have the custody and charge of all the records, books and papers belonging to the City Council. It shall be his duty to attend to all the requisitions as des- cribed in this ordinance. He shall give bond with two or more securities for the faithful performance of his duties, in the sum of two thousand dollars, and in addition to his salary, shall be entitled to the following fees, viz:— To give bond and security. Fees, For entering a conviction of any person and recording the fine, $ 00 50 cts. For drawing a warrant for any person by order of Council or any Member thereof, . . 00 50 " For issuing an execution in each and every case, 00 50 For drawing and entering a recognizance to an- O CO swer any charge, or to keep the Peace, $ 1 00 For drawing a bond and issuing license to re- tailers, . . $ 1 00 For drawing a bond and issuing numbers for drays, $ 1 00 For each certificate with seal attached, . $ 2 00 SECTION NINETY-FIFTH. There shall be elected annually an officer to be known as the City Marshal, who, before he enters upon the duties of his To give bond, office shall give bond with security to the City Council of Au- gusta, in the sum of one thousand dollars, for the faithful dis- charge of his duties. ' It shall be the duty of the City Marshal to superintend, to direct and control all officers and persons who may be placed by the City Council under him for the preservation of the City Marshal, when elected. General duties. To direct offi- cers placed un- der his control, 89 peace, good order, safety and tranquility of the city, and to see and see they a*. that they faithfully and punctually discharge their duties, to chargc- dutiCS* conform to such instructions and orders as he may from time to time receive from the City Council or from the Mayor, relative to the patrol and guard of the city, to report all often- To report oavn . . , ces and summon ces against the ordinances of the city, and by himself or the oiienders. officers placed under his control, to summon offenders to ap- pear before Council, or the Police Court, in the manner pre- scribed by this ordinance ; to execute by himself or officers i i • , i-i 1 To execute pro- under him every warrant, process or summons which may be cess. 1 directed to him by the City Council, the Mayor or any Mem- ber thereof, or by the Collector and Treasurer of the city, and Clerk of Council, to collect all fines imposed by the City Coun- cil and Police Court, and to render an account to the City To render an ac- s-< -1 1 • i, *11* 1 count monthly. Council at every regular meeting, or air public moneys col- lected by him or the officers appointed under him, and to pay into the hands of the Collector and Treasurer all balances which may be due on such monthly settlements ; to have the To have the bell bell at the market house rung for five minutes at nine o'clock rung/ 6 °US* every night, (except on Sunday nights, from the first of May to the fifteenth of August, in each and every year, during which period it shall be rung at ten o'clock, P. M.), to be at the market house half an hour before sunrise every morning To attend «t f ° market during of market days, to see that the ordinances of the city and re- market hours, gulations of the market are not violated, to attend the City Council at all regular sessions, and whenever commanded, at any time, and generally to perform all acts which may be required of him by this or any other section of this ordinance. The City Marshal shall receive such salary as the City Council may annually annex to the office. Salary. SECTION NINETY-SIXTII. There shall be annually elected two Constables, with such City constables, salary as may be prescribed by Council, whose duty it shall be ///s/iar}C.tul to serve all legal process, obey all orders of Council, or the General duties. Mayor, touching the police of the cit3q and act under the or- tiers of the Marshal, as provided in the preceding section. SECTION NINETY-SEYENTPI. There shall be annually elected eight good and efficient nnmbTr^nd' men who shall be known and denominated the City Watch. wheu elected. The Mayor or Police Committee may appoint eight addi- cimmiteemay'' tional City Watch, whose duty it shall be to attend the. order "(atch! °xtra 40 of the Mayor or Police Committee, and perform such duty as may be required of them. The said Watch shall be mustered at the guard room at 8 troi of city'Mar! o'clock oil every evening, and shall be under the control and shal* direction of the City Marshal, whose duty it shall be to detail for patrol duty, four ; he shall prescribe their route and direct their term of service, when they shall be relieved by the remaining four. Each individual of said City Watch shall Salary. be paid one dollar per night for each and every night of service rendered. Marshal to re- It shall be the duty of the City Marshal to report to Council port those who j j i disobey orders, each and every Constable or City Watchman who shall diso- bey orders, be guilty of neglect of duty or disorderly conduct. SECTION NINETY-EIGHTH. Bridge Keeper, There shall be elected annually an Officer of Council, general duties?d known as the Bridge Keeper, whose duty it shall be to take charge of the bridge, and to attend at the same and receive all tolls ; and it shall also be his duty to pay over the same every week to the Collector and Treasurer. He shall make a monthly report to Council of all moneys received, which report shall be accompanied by the receipt of the Collector and Treasurer, as vouchers for the amounts paid him each week of the month, and shall receive such compensation as may be fixed by Council. Deputy to be ap- Every assistant or deputy appointed by the Bridge Keeper, oil or bridge shall be approved by the City Council, or by the Bridge Com- committee. . J , mittee, till the next meeting of Council, and shall take the To take oath, same oath as prescribed for the keeper. SECTION NINETY-NINTH. There shal! be appointed annually a Committee, consisting tee!?fheir0duTies of one Member from each Ward, which Committee shall have and powers. t]ie general management and superintendence of the bridge across the Savannah River, and shall have full power and authority to contract for and superintend the repairing of said Subject to revis- bridge, and to regulate the tolls for passing the same, subject 10n- to the revision of Council. SECTION ONE HUNDREDTH. „ , , , There shall be an officer of Council to be known as the Sup'r. streets, pumps and wa- Superintendent of Streets, Pumps and Water Works, who ter works. 1 . shall superintend the streets, drains, pumps, water works, and 41 all other public works, when ordered, under the direction of the work* under his Mayor and Council; he shall be elected annually, at the same time other officers of Council are elected, and shall be when eleeted. allowed such salary as shall be fixed annually by Council. It salary. shall be the duty of said officer to remove all trash or filth, or xo remove trash stable manure which may be deposited iii the streets, together clock every day! with all dead animals, and all impure matter from the streets, public alleys, unincloscd public grounds, and unimproved lots of the city, before three o'clock on every day ; to remove or cause to be removed all dead animals where Council may To deposit same t i m i i , m i i where Council direct, and all other impure matter, trash and filth, to a place may direct. to be designated by the Mayor or City Council, and there buried or otherwise destroyed, as he may from time to time be directed; provided always, that any moderate quantity of Moderate quan- . . i . tity of manure manure may be spread upon cultivated ground within the lim- may be spread its of the city. He shall at all times remove any shavings, xoTemovTbrtck brickbats, or other refuse of building material which may .and rt',fus? 7 » J building inaleri- have remained in any street or public alley for a longer peri- als* od than twelve hours, and may cause the person or persons who improperly suffered such shavings, &c. there to remain, to be summoned to appear before the Mayor for such neglect. Cause offenders And it shall be his duty to attend the market house every day (Sundays excepted) to remove by twelve o'clock all litter that To remove litter may be collected by the Clerk. For the performance of all house. the duties imposed on said officer by this or any other section of this ordinance, he shall have the superintendence and charge of the hands, horses and carts hired by Council. It To have charge shall be the further duty of this officer to fill up all holes or low To fill 'u 'low places in the streets, and under the direction of the Street hlaces- Committee to level and graduate the streets, and keep them in To keep streets, good condition, to keep the drains open and clean, and the drains border. small bridges in good repair, and prevent the settling of stag- nant water in any of the streets of this city. He shall also have the superintendence and management of the pumps, To sup'r. pumps, water works and all hydrants in this city, and keep them in ami kelpingood good order, and do all other work on any of the public works, ordLf" streets, drains, or water works, when ordered by the Mayor or City Council. It shall also be the duty of said Superintendent to make out To maite out fair and correct bills, in the name of the City Council of Au- a!,"8material^, gusta, of all work done and materials furnished under his f"'the^hands'of superintendence in laying down or replacing water pipes, Treasurer, placing new or replacing old hydrants, digging new or im- 13 proving old wells or pumps, or doing any otlier work in his department for any of the residents or citizens of Augusta, Col. and Treas'r and shall place said bills in the hands of the Collector and to collect bills or rr, , . . . . .. . report defaulters JL reasurer, whose duty it shall be promptly to collect the to Council. same, or report on the first Saturday in every month to the City Council the names of those who neglect or fail to pay, with the amount due by each delinquent. SECTION ONE HUNDRED AND FIRST, clerk lower There shall be an officer annually elected, to be known as warket. the Clerk of the Lower Market, who shall, before he enters To give bond, upon the duties of his office, give bond and security in the sum of three thousand dollars, for the faithful performance thereof; and who shall receive for his services such salary as Salary. the Council may annually annex to the office. General duties. It shall be his duty to superintend the lower market during To collect fees, market hours ; to collect and pay over monthly to the Collec- tor and Treasurer all fees, fines and penalties accruing within soundprovisions' depertment; to condemn all unsound, impure or unwhole- some provisions brought to market for sale, and to have them putes?C1&c- r 1 & I > to To supply two faithful servants to keep the iail in order, and prepare the ne- servants to keep jail in order, Sic. cessary food for the prisoners—he shall not at the expense of who he may the city provide food for any others than himself, two servants at city cost!f°0!i and the prisoners. Food for all prisoners confined under any legal process, and runaway for all runaway slaves, shall be in conformity with the laws fnowiid by'stat- of this State. Slaves confined for personal security, or to s'iaVes confined answer legal demands, shall have meat at least once a day. for 'security to ° 7 * have meat once a day. SECTION ONE HUNDRED AND FOURTH. Council shall annually elect a Keeper of the Public Maga- Keeper of Maga- zine, with such salary as they may fix, removable at pleasure, Salary, who shall, before he enters upon the duties of his office, give bond with not less than two approved securities, in the sum of To give bond. 44 two thousand dollars, conditioned for the faithful performance of the trust reposed in him. General duties. It shall be the duty of the Keeper of the Public Magazine, to attend at all times when required, between .sunrise and To receive and * deliver gunpow-sunset, (Sundays excepted.) as well for the purpose ofreceiv- der between sun .... , , ,, rise and sun set. ing as delivering gunpowder to the owners thereof. lie shall Residence to be have a fixed place of residence, which he shall "advertise. He shall receive all gunpowder and enter the same in a book to To keep books, the credit of the respective owners, issue receipts therefor, issue receipts, collect fees, and keep an account of, collect and pay over to the Collector and pay over month- . ly—to make re-Treasurer every month, all moneys accruing 101* storage ; he &c!!t t° councl1'shall hand in the receipt of the Collector and Treasurer to Council monthly, and at the same time exhibit an account of the gunpowder in the Magazine, of the persons from whom he has received storage, and of the amount received from each Substance o re ^ f]iat time, together with a list of the persons from whom storage is due. And it shall be, moreover, his duty, if any Owners refus- person storing gunpowder refuses or neglects to pay the ing to pay stor-1 c ° 1 n 1 ** age in twelve storage due upon such portion as may not be removed in months—powder _ ' ' to be sold at auc-twelve months from the time of its receipt, after advertising in tion after adver- />,•*>'•. „ , tising ten days, the public gazettes of the city, tor ten days, to sell such gun- to pay storage. p0W(jer a^. pUyjc auction, or as much thereof as will pay the amount of storage due ; and in every instance he shall receive To receive stor- the storage due on any gunpowder demanded of him before age before deliv- " v t> i ery. jts delivery. SECTION ONE HUNDRED AND FIFTH. City Surveyor. The City Council shall annually elect a City Surveyor, who shall, before he enters upon the duties of his ofiice, give To give bond, bond and good security in the sum of one thousand dollars, conditioned for the faithful discharge of his duties, and shall To take oath, take the following oath or affirmation, before the Mayor or Form of oath. any Member of Council: " I do solemnly swear (or affirm as the case may be) that I will to the best of my knowledge and skill, and without favor or affection to any party, correctly survey any lot or lots, street or streets, when called upon for that purpose, so help me Cod." General duties. It shall be his duty, on the application of the City Council, or of any citizen, to repair to any place within the city, and then and there designate and define the boundary of any lot or lots, street or streets ; and for such service so rendered by the Surveyor, lie shall receive from the person or persons em- Fees. ploying him five dollars for the survey of each lot, and making out a certificate of the same. 45 SECTION ONE HUNDRED AND SIXTH. The City Council shall elect a Keeper of the Hospital upon Keeper of the i . ,i Hospital. such terms as they may agree. It shall be the duty of the keeper of the Hospital to super- General duties, intend the order of the house, to supply the patients with such food as the attending physician shall from time to time direct, or they may require. He shall keep a book in which he shall " > • • To keep register register the names of all persons who shall be admitted into 0f name, he. the Hospital, the place of their nativity, age, profession, &c. and the time of their discharge from the Hospital, with such remarks as he may judge proper to make respecting their conduct while in the Hospital. No person shall bo admitted into the Hospital without a Patient-, to hare permit from the Mayor or some one of the Hospital Committee. permit- SECTION ONE HUNDRED AND SEVENTH. The City Council shall elect a Sexton, whose duty it shall city Sexton, be to superintend the digging of all graves, and all interments General duties, that shall take place within the limits of the city. No grave Graves not tot)© shall be dug less than five feet deep ; nor shall any grave be five feet, dug or corpse interred except under the direction and superin- tendence of the Sexton. *t The Sexton shall keep a book of record of all the deaths To keep a record and burials in the city, mentioning the names, age, place of monthly report, nativity, disease, and the place from whence buried, and the time of residence in this city, and make a monthly report, to Council. The Sexton shall be allowed the following fees : r*\ ° % Fees. For digging a Grave, - - - - - $1 50 For attending a Funeral without the Hearse, - 1 00 For attendance with the Hearse, " - - - 2 00 For special or general invitation, - - 1 50 For attending without the corporate limits, and within three miles, double price. SECTION ONE HUNDRED AND EIGHTH. The Collector and Treasurer, Clerk of Council, Marshal, city Officers to Constables, Clerks of Market, Bridge keeper, Jailor, and keep-takeoath- er of Magazine, shall each take and subscribe the following oath before entering upon the duties of his office : " I do solemnly swear, that I will, to the best of my skill Form of oath. and power, perform all the duties required of me as ; that I will keep a true account of all the monies received or 40 paid by me, and render a true account to tho City Council monthly^ SECTION ONE HUNDRED AND NINTH. elected* Wh°a officers of Council shall be elected annually, on the se- cond Saturday in January, or at the first meeting thereafter, «errlce.erm °f nr!(l shall fjold their offices until their successors are qualified. Any officer of Council may be immediately dismissed from when guiny of*' °®ce? T'hcp nine Members of Council are of opinion that he misconduct. &c. has been guilty of misconduct, neglect of du,ty, or disobedi- ence of orders of Council, or he may be fined at the discretion of Council", oifice midercity 1>s'° person shall be eligible to any office in the gift of the Council. Qhy ^Council, unless lie shall have been a resident of the city for a length of time, prior to the election, sufficient to en- title lfim to vote for Members of Council. - i } SECTION ONE HUNDRED AND TENTH. Board of Health. Tlwt^shall be appointed at the first meeting after the annual election 6f Members of the City Council, a committee of four, (one from each district or ward) to compose a Board of Health, and powers4180 w'10 have authority to inspect all lots, and to direct the remold of all nuisances which may have a tendency to injure the health of the city, and who shall have power to adopt all measy>ds which they may deem necessary to guard and pro- tcct tho city from contagious diseases. Jachreguiar ^ Uie duty of said committee to inquire into the meeting oicoun. be^jfh ^ the city and report its condition to the Council at each regular meeting, and to suggest such measures as they may de^m necessary to secure and promote its health. Any person refusing to obey the orders or directions of said Penalty for refu- commiTfae, shall incur all the penalties expressed in the1 sal to obey order ^ * 1 of Committee, twenty^rtnth section of this ordinance: provided, always, peai^oCoimcii a,1J person who may feel aggrieved by any order of said conirpitjee, may appeal to Council for redress. SECTION ONE HUNDRED AND ELEVENTH. Geo. R. Boad & TheVJeorgiu Rail Road and Banking Company is permit- BanldngCo.au. . . . . . , , . ~ , . thorized to en. ted to crnclose- and keep enclosed that portion or W atkins portion of Wat- street, l^ing between Jackson and M'Intosh streets, during the pleasure o£ Council, with the privilege of using the same, for the convenience of their operations; and said Company, so far as the rights and authority of the City Council are now 47 or may hereafter be concerned, shall be authorized to extend its road to said enclosed street, by such route as it may deem most eligible. SECTION ONE HUNDRED AND TWELFTH. For the support of the City Government, to keep the Streets Taxe*. in repair, to support the Poor, for sustaining the Public Credit, Preamble, and tor other purposes, ordinary and contingent,—There shall be levied an annual tax of one half of one per cent, on all the One half of one „ . . i • i e • it per cent, tax to following property, stock m trade, Ax., to wit: on the value be levied on the of all real estate, houses and lots, lands and tenements and tate, merchan-" wharves, on all merchandise or stock in trade, the amount 0fdise>&c- which is to be given in at the cost price by owner or agent on Valuation of oath, and to be the highest amount on hand between the first andise, when day of October and the first day of January in each and every year. On ail merchandise sold at private sale on commission, Tax on goods , t . hi •, i . i • i • sold on commis. in each and every year, and on all the capital stock paid m Si0n, and on cap. in any of the incorporated Ranks, Insurance Companies, and llmufsjii^uranco Insurance and Trust. Companies of this city, and the Agency b°K-s!eS and of any Bank located in this city, and the principal Bank being located elsewhere in the State, for the amount of capital em- ployed by such agent or agency, and on the amount of capital employed by Exchange Brokers or their Agents in this city. Tax of one per On all Factors and Commission Merchants, one per cent, on &c?of commit-6' the gross amount of storage and commmissions. and ActorsfnU And it shall be the duty of the President and Directors •©& any Bank or Branch of any Ba'nk or Office of Discount and Putps of Banks* J J &c. to make re* Deposit or Insurance and Trust Company in this city, to cause turn3- their Cashier, Secretary or Agent, and of every Exchange Broker or Brokers or one of each firm, either personally or by agent or attorney to make to the Clerk of Council on or before the first day of February in each and every year, a return on oath of the amount paid in as aforesaid of the capital employ- ed on the first day of January preceding. And when any Banlcg &e es_ incorporated Bank, Office of Discount and Deposit, or Insur- j^peWod^of* ance, or Insurance and Trust Company, or Exchange Broker making return*, . . t0 be taxed pro- or Brokers shall be established in this city or shall commence rata, the business of Broker or Brokers (within the limits of this city) after the period fixed for making returns, it shall be the duty of the President and Directors of said incorporated Bank, Office of Discount and Deposit, Insurance or Insurance and Trust Company, to cause their Cashier, Secretary or Agent* or of such Broker or Brokers, to make return of the capital em- 43 ployed to the Clerk of Council, who shall assess a tax thereon ratably, having reference to the time of commencing business Defaulting and the time of annual return ; and in case of neglect or refu- proceeded' sal to make such return as aforesaid, or fail to pdy said taxes against. after the return is made, it shall be the duty of the Clerk of Council and Collector and Treasurer of the City, to proceed against such Banking Institutions, Insurance or Insurance and Trust Companies, Broker or Brokers, in the manner provided for in the collection of other taxes. SECTION ONE HUNDRED AND THIRTEENTH. Tax of $350 to T1 tere shall be paid an annual tax of three hundred and be levied upon fifty dollars by every Agent or Agency of any Foreign Bank the agency ol - j j o o j j o foreign banks. or Banks doing business in this city, and a tax of one per cent. Tax upon premi- fie on tfie premiums of every Agent or Agency of any Tims 01 foreign * •* J © o j j panles"00 C°m" foreign Insurance Company doing business in this city ; and Agents to make it shall be the duty of every Agent of a Foreign Insurance turns'to Council Company to make a quarterly return under oath to the City onoa.h. Council of the amount of premiums for the quarter preceding, said quarterly return to be made from and.after the first day of January in each and every year. SECTION ONE HUNDRED AND FOURTEENTH. Poll tax on white There shall be levied an annual tax of one dollar eighty- sixteen and six- seven and one half cents on every white male person inhabit- >ears- anj. between the ages of sixteen and sixty years ; Tax on female and the same of ninty-three and three-fourth cents, on all slave between n • ten and sixty female slaves between the ages of ten and sixty years; and vears, and males . from ten to six- the same amount on all male staves between the ages ot ten and Tax "on male sixteen ; and the same of two dollars and fifty cents on every toasixtyS.1XteCn ma'e slave between the ages of sixteen and sixty years. And Persons having all'persons having charge of apprentices or minors shall have to payCpon tax" him or them included in his, her or their returns, and be chargeable for their poll tax. SECTION ONE HUNDRED AND FIFTEENTH. Tax upon free There shall be an annual tax imposed of ten dollars on all persons of color. maie? anfi flve dollars on all female free persons of color, resi- dent in this city, between the ages of sixteen and sixty years. SECTION ONE HUNDRED AND SIXTEENTH. Tax on pleasure There shall be imposed an annual tax of two and a quar- carriages. 1 *■ ter per centum on the value of every two and four wheeled 49 pleasure carriage (except thpse ktjpt as stock in trade) owned Exception. and kept withiq the limits .of til-is, city, and that a tax of one dollar and twenty-five cents b.e levied onftvery horse, gelding, Tax on horse*. mare or mule, kept for hire^use orq>l&isure, within the limits of this city,, except those introduce^ for the purpose of sale, Exception. which shall be considered as stock iir trade, and subject to the Horses for sale, '« J to be taxed as same regulations as merchandise,%ai¥crbe chargeable with the merchandise, same tax and manner of retuiti ahd^dpllection. SECTION ONE HUNDRED A^D SEVENTEENTH. There shall be imposed a tax of two per cent, on the amount Tax on sales at ... public auction. of sales hereafter to.be made .at public auction, within the limits of the City of Augusta, exdept on real estate, negroes, Exception, and shares of capital stock of banking or other joint stock companies, the tax on which shall-be one-half of one per cent., but no tax shall be levied on sales made by virtue of legal process, or by executors, administrators or guardians. SECTION ONE HUNDRED AND EIGHTEENTH. There shall be an annual tax of twelve dollars levied on Tax on hydrant* each and every Hydrant used in the city, except public hotels, boarding houses, livery stables, public bathing houses, and manufactories, which shall be charged such rates as shall be agreed upon by the City Council and thfe'a^pjicant, to be paid by the owner of the lot or lots into which Hydrant water is taken, at the time of paying their city taxes, and they are hereby required to return the same to the Clerk of Council, at ^".r"0s£ierk 0f the same time other returns are made. /''Executions shall is- Co,incit. sue against all persons who refuse to pay for Hydrant water, ho^p'oc'ueded in the same manner as is now provided in the case of per-8Saiust-- sons who neglect or refuse to pay their city taxeq. SECTION ONE HUNDRED AND NINETEENTH. * There shall be an annual tax of one hundred and twenty-Tax on Billiard v ' Tables. five dollars imposed on each and every Biiljard Table kept, within the limits of the City of Augusta. &nd there shall be imposed an annual tax of twenty-five dollars On each .and on Bowling every Bowling Saloon, nine or ten pin Alley, (of Alley- of any Salooas- other number of pins,) kept within the limits of s&id city. SECTION ONE HUNDRED AND TWENTIETH. The sum of fifty dollars shall be imposed upon every Tax on juggler* Showman or Juggler, and the sum of twenty-five dollars on D 50 every Exhibition of Animals (for pay) within the corporate Council may re- limits of the City of Augusta: provided, nevertheless, that ducetax. the Council may reduce this tax when they shall deem the Duty of Marshal same expedient. And it shall be the duty of the City Marshal 1 ' to collect the said tax. And if the said showman or juggler or exhibitor of animals, shall neglect or refuse to pay the Defaulters to be same, then to levy by execution to be issued by order of the pioccfdcd * against i>y exe- Mayor or any Member of Council, on the goods and chattels ' " of said showman, juggler, or exhibitor of animals ; and if no goods or chattels of such person or persons are to be found, to take the body of such person or persons, who shall stand Tax on cqnes- committed until such tax be paid. There shall be a tax lev- tions.LXlut'1' ied on all Equestrian Exhibitions (for pay) at the Circus or elsewhere in the City of Augusta, of ten dollars for every time such exhibition shall be presented, if between sunrise and sunset, and if such exhibition take place after sunset, the tax on the same shall be twenty dollars for every time of per- Duty of Marshal formance, to be collected daily by the City Marshal. And if to collect tax. . . J * / the aforesaid tax is not paid to the City Marshal on demand, Defaulters,how execution shall issue forthwith against the property of the proceeded , ,» , against. person or persons liable lor the same. SECTION ONE HUNDRED AND TWENTY-FIRST. stocks of merch- Stocks of taxable merchandise brought into the city of Au- fito the'city af- gusta and exposed for sale after the period for making returns, lag r"turns"tax shall be subject to the payment of a tax of one half of one per 0D* cent, on the value thereof, which value shall be the cost of the same, and shall be ascertained by the oath of the owner thereof or his agent, who shall be called on by the City Mar- Duly ofMarshai shal to make return thereof of the value of such merchandise, on oath, and on failing of such owner or agent to make such Drfautters,value return on oath, the City Marshal shall proceed to fix such Marshai' and - at the shall pay, at the time of making said return, to said Clerk, tm» tax to clerk the sura of one dollar and twenty-five cents for each and every 01 Couucl1, dog so owned by him, her or them, or which he, she or they may have upon his. her or their premises as aforesaid. The City Marshal shall provide a sufficient number of metal Marshal to fur. collars, to be marked "C. A." and numbered from one up- an dog^muni. wards, and shall furnish the owner or owners of any dog or an"wilT protect dogs who has or have returned the same to the Clerk of Coun- ^feasts"1 Ctr" cil, as aforesaid, with a collar to be worn by all dogs so re- turned—which shall protect such dog or dogs as may wear the same from being killed, except, during an alarm of hydro- phobia in the city, or in the event of any dog wearing such collar being dangerous to the life or safety of any person. All dogs found running at large in the city of Augusta, Dogs running at ° . , n . large, without except such as may wear such a collar as is provided for in collars, to be Icillod fiic the second clause of this section, shall be liable to be killed ' by the City Marshal or such person or persons being a City Officer as he may authorize and appoint for that purpose. It shall be the duty of the City Marshal, or such other per- Marshal, &c., to son or persons as he may authoi ize and appoint, being a City or s[a'vo^ih^ng Officer, to enter the premises of any and all negroes living fr^eVlons'of separate and apart from his, her or their owner or owners, dogT'notdhaving and also the premises of any free person or persons of color,collars" and if there shall be found upon said premises any dog or dogs not returned to the Clerk of Council as aforesaid, by the owner or owners of said negro or negroes or by the guardians of said free person or persons of color, to kill the same. SECTION ONE HUNDRED AND TWENTY-THIRD. For the purpose of ascertaining the value of all real estate, Assessors to va- whether improved or not, and also of all wharves within the hoVappointedT corporate limits of the city of Augusta, five assessors shall be appointed by the City Council, who (or a majority of them) shall assess and value, under oath, all real estate, whether General duties, improved or otherwise, within the corporate limits aforesaid, having reference to the first day of January in every year, which assessment and valuation so made by the assessors, or a majority of them, shall be returned to the Clerk of the City Assessments be Council on or before the first day of February in every year, of'councn—and to remain on file in his office, and in all cases be final and fix thev'aiueof0 conclusive, and shall be considered as establishing the value realestate- 53 by which to estimate the tax to be collected on such real estate 60 assessed as aforesaid. SECTION ONE HUNDRED AND TWENTY-FOURTH. Duty-of clerk of It shall be the duty of the Cleik of Council, to receive the Council in ie- cehing tax re- return oi all persons liable to pay taxes under and by vntue of this ordinance; and for the purpose shall keep his office Office hoursfor open from two to five o:cltck, P. M. on every day (Sundays receiving. excepted) fiom the first day of January to the first day of February in each and every year. Duties of per. And all and every person or persons liable to pay taxes turns? make re* within the corporate limits of the City of Augusta, his, her or their agent or attorney, shall be, and they and each of them To furnish writ-are hereby required to furnish the said Clerk with a written ten list or return . —but not to tlx list or return of his, her or their taxable property; but in value of real es- ' , tate. such list or return they shall not be required to hx the va.ue of his, her or their real estatej such real estate being in all cases to be taxed agreeably to assessment, made or to be made in pursuance to the preceding section of this ordinance, which said list or return shall be subscribed by the person furnishing the same, who at the time of furnishing the said list or return, shall be required to take the following oath or Fora of oath to affirmation:—"I , do solemnly swear (or affiim, he administered . . to persons mak. as the case may be.) that the account which I now give in, is a just and true account of all the taxable property which I was possessed of, held or claimed, within the corporate limits of the City of Augusta, on the first day of January in the present year, (except merchandise, which is the highest amount on band at cost price, between the first day of Octo- ber and the first day of January,) or was interested in or entitled to, either in my own right or the right of any other person or persons whomsoever, as parent, guardian, executor, administrator, agent, or trustee, or in any other manner whatsoever, according to the best of my knowledge, in forma- tion or belief," which oath or affirmation the Clerk of Council is hereby authorised to administer. And it shall be the duty Digests to he °f Clerk to make two alphabetical digests of the returns presented to* so made to him as aforesaid, and present them to the City before theni»t of Council on or before the first day of March in every year, the March. one for inspection of persons interested therein, the other for the City Council. 53 SECTION ONE HUNDRED AND TWENTY-FIFTH. If any person or persons shall neglect or refuse within the Defaulter* in , 11.1 i • • i making i eturn#, time prescribed to make his, her or their return, in such man- liable to a double ner and form as is prescribed in the preceding section of thistax* ordinance, the Clerk of the City Council shall immediately after the expiration of the period wi hin which such returns should have been made, proceed in the best manner and from the best information in his power to ascertain the amount of such defaulter's property, and shall assess a double tax thereon for such neglect or refusal. SECTION ONE HUNDRED AND TWENTY-SIXTH. All taxes, the collection of which is not provided for spe-Taxes not »je. cially in either of the foregoing sections of this Ordinance,for,howcVuacu shall be collected in the manner pointed out in the ninetieth ed- section of this Ordinance. SECTION ONE HUNDRED AND TWENTY-SEVEN. In all cases in which the penalty for violating any of the oenerai Penalty r, . . .. . . in eases not »pe. provisions of this Ordinance is not specified, any white person ci»u> provided or persons shall be fined at the discretion of Council, or of the Mayor or Member of Council before whom the conviction shall take place ; and any slave or free person of color shail be punished by whipping, not exceeding thirty nine lashes. Done in Council, this fifth day of December, A. D. eighteen hundred and forty-six. Attest, LEWIS D. FORD, Mayor. W. Milo Oiin, Clerk. AN ORDINANCE To alter and amend the Thirty-fifth Section of the General Ordinance. Be it ordained by the City Council of Augusta, That the Thirty- fifth Section of the General Ordinance be so amended that the tax on negroes living apart from their owners or hirers be as follows: On each slave between ten and sixty years of age, ten dollars per annum, when the owner lives in the city, and twenty dollars per annum, when the owner lives out of the city. Done in Council, this sixth day of March, eighteen hundred and forty-seven. LEWIS D. FORD, Mayor. Attest, W. Milo Oun, Clerk Council, RESOLUTIONS Compiled by the Police Committee, pursuant to a Resolution passed on the hill day of December, 1846. No. 1. Resolved, That all Auctioneers of the city be notified not in future to interfere with the City or County Sheriff, or their depu- ties, while selling property under execution, at the Market House, according to law, by offering for sale any property at auction within their hearing at the same time. No. 2. Resolved, That no expenditure or contract for the expenditure of any sum of money exceeding ten dollars shall be made by the Mayor, or any Member, or any Committee of Council, without a special appropriation of Council. No. 3. Resolved, That all contracts made by the authority of Council, and all reports from the Committees of Council, shall be made in writing, and in detail, and it shall be the duty of the Clerk to file all such documents in his office, subject to the inspection of any Member, and to the order of Council. No. 4. Resolved, That no balls or dancing parties of negroes shall be allowed to take place within the corporate limits of Augusta, with- out permission of the City Council, or of all the Members for the Ward in which the ball is to be held. No. 5. Resolved, That the Clerk of Council and the Collector and Treas- urer be a committee to examine the Records of the office of the Clerk of the Court of Common Pleas, with reference to the pay- ment of fines due the City Council, and that sueh examination take place annually, so that a report can be made at the meeting of Council in the month of January in every year. No. 6. Resolved, That the wharfinger of the Union Wharf Company be instructed to charge, on all lumber landed at the public docks opposite to the end of J aekson-street and Washington-street, and under the Bridge, twenty-five cents per 1000 feet for landing, and for every forty-eight hours thereafter, which it may be suffered to remain and encumber the docks, and twelve and a half cents for every 1000 shingles. 56 No. 7. Resolved, That no person will be allowed to break Horses in Reynold, Broad, Ellis or Green streets, or in any of the interme- diate cross streets. No. 8. Resolved, That the public Cemetery be under the supervision and control of the committee on South Commons. -No. 9. Resolved, That complete files of the Newspapers published in this city, viz: the Chronicle and Sentinel, and the Constitutionalist, be kept by the Clerk of Council for future reference, at the expense ofthe city, and that said files be bound from time to time, whenever in their unbound condition they become so large as to render refer- ence to them inconvenient, and they be not permitted to be taken out of the City Hall. No. 10. Resolved, That the Clerk of Council shall shall not give checks for the payment of any money, by order of a committee, unless the same be signed by a majority of said committee. ' No. 11. Resolved, That all checks issued in future be made subject to the claims of Council against the person in whose favor the same are drawn. No. 12. Resolved, That all communications published for the City Coun- cil, shall not be published more than three times, except otherwise ordered. No. 13. Resolved, That the Mayor of the City of Augusta be, and he is hereby authorized to use all legal means to possess himself of all property belonging to the city, whenever it can be identified as belonging to the city. No. 14. Resolved, That the Mayor be authorized to make such arrange- rnents as may in any case be necessary to send away strange paupers, who may be likely to become a tax upon the city: provided that in no case shall more than ten dollars be expended in removing any one such pauper. No. 15. Resolved, That each Member of Council be authorized to dis- burse to persons in distress, whom he may consider fit objects of chaiity, and who reside permanently or temporarily in the Ward he represents, a sum not exceeding twenty dollars during his offi- 57 cial term ; and the Collector and Treasurer is hereby required to keep a list of all persons receiving assistance, and the names of the members granting it, for the inspection of the Mayor and Members of Council. No. 16. Resolved, That the Hospital Committee be instructed to admit no person into the City Hospital unless his application is accom- panied by a certificate of two citizens, or his attending physician, that the applicant is destitute of the means to procure attendance elsewhere. No. 17. Resolved, That the Jailer collect all dues arising from committals, commonly called arrest fees, and pay over the same to the proper officer. No. 18. Resolved, That in cases to be prosecuted before the Superior Court, that the Marshal of the City be the prosecutor, and the City Treasurer be his security for the prosecution. No. 19. Resolved, That the City Marshal be requested, and it is hereby made his duty, at each regular meeting of Council, to report the number of persons confined in the Guard Room, and the name of the arresting officer. No. 20. Resolved, That the Marshal be instructed to prevent any person from sleeping in the market house, or camping within the vicinity of that place before daylight. No. 21. Resolved, That if any of the City Constables shall hold, the ap- pointment of County Constable, his appointment forthwith be vacated. No. 22. Resolved, That all Hydrants for which the owners of the pro- perty will not pay, be immediately stopped by the superintendent of water works. No. 23. Resolved, That no cross ways be constructed across any street unless by order of the Committee on Streets. No. 24. Resolved, That the Committee on Engines, in conjunction with the Captains of the Augusta and the Independent Fire Companies, be authorised to have cisterns constructed on any of the principal streets of the city, whenever citizens in the vicinity shall ask for 53 the construction of such cisterns, and contribute one half of the* expense to be incurred in its construction ; provided that no more than one cistern shall be built on the same street, between any two cross streets. No. 25. Resolved, That in case of a vacancy occurring in any office in the city, the appointment to which was originally made by the Mayor and Council, such vacancy shall hereafter be supplied only by the same authority, but the Mayor may appoint temporarily until the meeting of Council. No. 26. Resolved, That in future when any person shall attempt the exercise of the rights and privileges of a Vendue Master, without first giving to the City Council of Augusta the bond required by law, that it shall be the duty of the Mayor to give the Treasurer of the State immediate information of the fact. No. 27. Resolved, That the Clerk be instructed to draw his warrants on the City Treasurer, in favor of the several sections of the Augusta Fire Department, for fifteen dollars each, half yearly, for allowance to negroes, and ten dollars each, for every three months for keeping Engines and Hose in proper order. No. 28. Resolved, That the distance for planting trees, in Broad-street, be twenty feet from the buildings. No. 29. Resolved, That his Honor the Mayor of the city, at the last regular meeting of his official term, shall give to the Council his opinion in writing, in the form of a message, on the operation of the City Ordinances, suggesting amendments, if any are necessary, new laws, and in general any thing which in his opinion may im- prove the police and government of the city. No. 39. Resolved, That in all cases where the creditor shall fail for one week to pay or secure the Jail fees of the debtor imprisoned at his instance, the Mayor shall have full authority to discharge such debtor, and report the same to the next meeting of Council. No. 31. Resolved, That no person be allowed to fill their cisterns from the Hydrants or Water Works. RULES for the GOVERNMENT OF THE CITY COYNCIE. Rule 1st. The Council will meet at the Council Chamber, City Hall, on the first Saturday in each month, at 10 o'clock, A. M.: Provided, nevertheless, that the Mayor may convene the Coun- cil at any time he may think necessary, and always upon the application of any twTo of the members. Rule 2nd. Any member not appearing within half an hour after' the time of meeting, at any regular or extra meeting, shall be fined fifty cents; and any member who absents himself from the same, without sufficient excuse, to be judged of by the Mayor, shall be fined in the sum of one dollar. Rule 3rd. The Mayor shall take the Chair at the hour appointed for any regular, adjourned, or extra meeting—shall immediately call the members to order, and on the appearance of a quorum, shall cause the minutes of the preceding meeting to be read. Rule 4th. He shall preserve order and decorum, and shall appoint all committees, unless the Council shall otherwise direct, in which case they shall be appointed by ballot. Rule 5th. In the absence of the Mayor, at any stated or extra meeting, a Chairman shall be appointed by the members of Council, vested with all the powers of the Mayor during such absence. Rule 6th. The following order shall be observed in the transac- tion of business :— 1st. Reading of the Minutes. 2d. Trial of Police Cases. 3d. Petitions and Communications from the different wards, be- ginning with Ward No. 1. 60 4th. Reports from Standing Committees, beginning with the Committee on Accounts. 5th. Reports from Select Committees 6th. Reports from Officers. 7th. Resolutions, Orders and Ordinances. 8th. Accounts and Salaries. Rule 7th. No account, not examined and certified to be correct by a member of the appropriate committee, or by his Honor the Mayor, will be passed. Rule 8th. Every committee shall report upen the subject, or sub- jects, referred, at the succeeding meeting, or show good cause why no report is made. Rule 9th. Every officer whose duty it is made, by order or reso- lution of Council, to report at the regular meeting of Council, shall punctually perform their duty, or be fined at the discretion of Council. Rule 10th. Every ordinance shall receive three different readings in the Council previous to its passage. Rule 11th. All motions shall be reduced to writing, if the Mayor or any member desire it. Rule 12th. In all cases of ballot, a majority of the votes given shall be necessary to an election. Rule 13th. A motion for adjournment shall always be in order. / Rule 14th. All "fines incurred by the members shall be collected by the Clerk, and subject to such appropriations as the Council may direct. Rule 15th. The Mayor may vote on all questions, and if his vote, when given to the minority, makes the division equal, the ques- tion shall be lost. Rule 16th. No member, while the Council is in session, shall speak on the subject under discussion without first rising from his seat. 61 When more than one member shall rise to speak, at or nearly the same time, the Mayor shall decide in favor of that one who shall first attract his attention. Every speaker shall address the Chair, and no member shall interrupt another while speaking, except to call him to order"- l*<*0 V f * 0 Rule 17th. The Mayor shall decide all questions of order; but any member dissatisfied with any of his decisions shall have the right of appeal to the City Council. Rule 18th. A motion to reconsider any of the proceedings of Council, will not be entertained, unless it be made by a member who voted for the resolution or other matter proposed to be re- considered. Rule 19th. The Clerk shall give notice to the members of Council of the several committees to which they may have been appoint- ed, and shall cause to be published once a year a list of the standing committees. Rule 20th. Any additional rule or rules may from time to time be made by Council, but no alteration of a rule shall take place without the consent of two-thirds of the members present. Rule £lst. Every application to Council for a new trial shall be made at the sitting of the Council at which the offence is tried, and not afterwards, provided the party shall have received due notice of the offence charged, and the time of trial. Rule 22d. The Clerk shall keep a separate book, in which shall be entered these, and all other rules and by-laws which the Council shall pass; and also a book, in which shall be entered the several ordinances passed by Council. Rule 23d. In the trial of persons charged with the violation of the ordinances, the Council Chamber shall be cleared, after the testi- mony and argument have been heard, until the decision of Council be formed. The foregoing are the Rules of Council of force. W. MILO OLIN, Clerk of Council AN ORDINANCE To provide for the construction of a Canal, for Manufacturing purposes, and for the better securing an abundant supply of water for the City. Whereas, certain Banking Institutions, with the view of facili- tating the construction of a canal for the purposes indicated in the title of this ordinance, have proposed, upon certain conditions, to advance to the City Council, certain sums of money, and from time to time, as may be needful, to cash such bonds (not exceeding in the aggregate the sum of one hundred thousand dollars) as may be issued by the authority, and on the credit of said city, for the pro- secuticn of said work ; and, whereas, the citizens of Augusta, at a late public meeting, with great unanimity, Resolved that the proposals of said Institutions should be acceded to, and the plan suggested carried into effect, and the City Council concurring in opinion with said meeting: Sec. 1. Be it ordained by the City Council of Augusta, That His Honor the Mayor be, and he is hereby authorized and required, in the name and in behalf of the City Council of Augusta, to enter into a contract with the following Banking Institutions, to wit:— The President, Directors and Company of the Bank of Augusta, The Augusta Insurance and Banking Company, The Bank of Brunswick, and the Georgia Rail Road and Banking Company, by which said contract, in consideration of certain things hereinaf- ter specified to be done by the said Banking Institutions, the City Council of Augusta shall bind itself to impose and collect such yearly amount of tax on Real Estate within the city, as will be sufficient to raise, within ten years, the amount requisite to pay the bonds hereinafter provided for, and issue the certificates, and make the transfer hereinafter specified ; in consideration whereof, the said several Banking Institutions shall, in and by the said con- tract, respectively bind themselves to advance to said City Council of Augusta, the sum of one thousand dollars each, and to cash the bonds hereinafter specified, whenever required so to do, in con- formity with the terms of said contract. Sec. 2. And be it further ordained by the authority aforesaid, That in conformity to the terms of the said proposed contract, there be assessed and collected for the current year, and there is hereby 64 assessed for said year, oil all the Real Estate in the City of Augus- ta, subject to taxation, a tax of one-fourth of one per cent, on the present valuation thereof, and that the Clerk of Council forthwith make out and deliver to the Collector and Treasurer of said city, a Digest of all the taxable Real Estate in the City of Augusta; and that the said Collector and Treasurer immediately thereafter pro- ceed to collect the said tax, and upon the receipt thereof deliver to each tax-payer a transferable scrip or certificate of such payment, securing to such tax-paver, and his or her assigns, an interest in the said canal proportionate to the amount of tax so by him or her paid; and the said Collector and Treasurer shall, in like manner to each of the Banking Institutions in the first section of this ordinance named, and to such other voluntary contributors, (whose contribu- tions he may have been by the City Council authorized to receive,) issue and deliver similar certificates; and it shall be the duty of the said officer, and of the Clerk of Council, in all books, accounts and statements kept or made by them respectively, to keep the account of the said tax separate and-distinct from all other accounts of the City Council, distinguishing the same, as "The Canal Tax,'' and the said tax shall be devoted and applied exclusively to the payment of the bonds hereinafter mentioned, and such interest as may accrue thereon. Sec. 3. And be it further ordained by the authority aforesaid, That the City Council, immediately after the passage of this ordin- ance, shall elect nine Canal Commissioners, whose duty it shall be to make all necessary contracts for the construction of the proposed canal, and other works therewith connected ; to receive all monies raised for that purpose and to disburse such parts thereof as may be required in the construction of the same, to employ Engineers and others, whose services may be required for that purpose; locate the line of said canal along the high ground between Jackson and Washington streets, south of the Beaver Dam, and provide for the discharge of the same into the river, at or near the northern extremity of East Boundary street: and generally to superintend the entire construction of the said canal, necessary aqueducts, waste-ways, bridges, and other works therewith connected. And it shall be the duty of said Commissioners immediately on the re- ceipt of any monies applicable to the construction of the said canal and other works, to deposit the same in one of the Banks in this city, to be thence withdrawn only for the purposes of said work* upon checks signed by at least three of their number, and counter- 65 signed by their Secretary and Book-keeper, and make regular monthly Reports to the City Council of all their actings and doings, accompanied by an account of all monies by them received or dis- bursed for the purposes aforesaid. And the said Commissioners shall have power to fill all vacancies occurring in their body by death, resignation, removal or otherwise ; and any Commissioner may for misfeasance or neglect of duty, be removed by the City Council, at any meeting called for that purpose, by a vote of three- fourths of the members present, and upon such removal it shall be the duty of the remaining Commissioners immediately to fill the vacancy thereby produced. Sec. 4th. And be it further ordained by the authority aforesaid, That the said Board of Commissioners shall, before transacting any other business, proceed to elect a Secretary and Book-keeper, with a reasonable salary, and removable at their pleasure, whose duty it shall be to attend all meetings of the Commissioners, keep minutes of their proceedings, and full and regular accounts of all monies received and expended by them, and perform all other duties which may be required of him by the said Commissioners. Sec. 5th. And he it further ordained by the authority aforesaid, That so soon as the Mayor for the time being, shall be notified by the said Commissioners that they are fully organized and prepared for the transaction of business, it shall be his duty, and he is hereby required, to make and issue, in the name and behalf of the City Council of Augusta, bonds of convenient amounts, not exceeding in the aggregate the sum of one hundred thousand dollars, signed by him in his official capacity, countersigned by the Clerk of Council, and sealed with the corporate seal, payable in ten equal annual por- tions, so that the first portion of said bonds shall be payable, one year after date, and the last portion ten years after the date there- of, with interest at the rate of eight per cent, per annum, payable semi-annually, to be calculated from the days on which said bonds shall be respectively cashed by the Banking Institutions aforesaid in conformity to their proposed contract, which days shall be inserted by said Commissioners in a blank to be left for that purpose in said bonds; which said bonds with such contributions, to be applied to said work, as may be received by him, the said Mayor, or the City Council of Augusta, or any of its officers, shall be turned over to the said Commissioners, who, or a majority of them, shall receipt for the same. Sec. 6th. And he it ordaineuI by fhr authority aforesaid, That e 66 so soon as the said canal, with works therewith connected, shall have been completed, and scrips or certificates, as provided in the second section of this ordinance, shall have been issued for two- thirds of the tax imposed in and by the said section, it shall be the duty of the Mayor for the time being to issue his Proclamation inviting the holders of said scrip, in person or by their agents, attor- nies or proxies, on a day to be therein named, (and at least ten days after the issuing of such proclamation,) to assemble at such place in said city as he may designate, to adopt such rules and regula- tions and appoint such officers, as they may deem expedient for their own government in the future management of the said canal and the works therewith connected, at which said meeting and at all future meetings, until the holders of the major part of the aggre- gate amount of said scrips shall have otherwise directed, each scrip holder shall be entitled to one vote at the least, and to an additional vote for every dollar over one, for which he or she may hold scrips. Sec. 7th. And be it further ordained by the authority aforesaid, That so soon as the Mayor, for the time being, shall duly be notified that the said scrip holders are fully organized by the adoption of rules, and regulations and the appointment of officers, as provided in the preceding section, he shall give notice thereof to the Canal Commis- sioners, whose duty it shall be thereupon to furnish to the proper officer or officers of the said scrip holders, a full statement of the situation of said canal and the works therewith connected, and in due form surrender and transfer the same to the said officers, with all the rights and privileges acquired by them as Commissioners, and pay over and deliver to them all monies and city bonds then remaining in their hands, provided the same do not exceed the sum of five thousand dollars, over and above what may be then due upon unsettled accounts against the said Commissioners, and the residue, if any, to the Treasurer of the city, to be applied exclu- sively to the payment of outstanding bonds issued under the provis- ions of this ordinance; upon the completion of which surrender and transfer, the duties and office of said Commissioners shall cease. Sec. 8th. And be it further ordained by the authority aforesaid, That the Mayor be, and he is hereby authorized and required to execute and deliver to Nicholas Delaigle, James Frazer, John P. King, Andrew J. Miller and Henry H. Cumming, in trust, for the ultimate proprietors of said canal, a Deed, granting the right of way for the same over and through all lands, belonging to the City 67 Council, upon the following terms, that is to say, that the managers and proprietors of the said canal, for the purpose of insuring an ade- quate supply of water for the use of the city, shall at all times keep in said canal, within the corporate limits, a stream of water at least four feet in depth, and permit the City Council to withdraw from the same at any point below Centre-street extended, or at such other point or points as may be agreed on, such quantity of water as may be required for the use of the city, not reducing the volume of water in said canal below what is necessary for manufacturing purposes, and upon the further condition, that no water shall, with- out the consent of the City Council, be withdrawn from said canal for the purpose of propelling machinery, at any point above West- Boundary-street, except in those cases in which the proprietors granting the right of way for said canal have reserved the right to use the same. Done in Council, this fifteenth day of March, eighteen hundred and forty-five. M. M. DYE, Mayor C. A. Attest, John Hill, Clerk,pro tern. AN ORDINANCE To amend " an Ordinance to provide for the construction of a Canal, for Manufacturing purposes, and for the better securing an abundant supply of water for the City." Whereas, since the completion of the survey of said Canal, after the passage of the ordinance aforesaid, it has been ascertained that much deeper cutting will be required on the rout terminating at or near the northern end of East Boundary street, for the dis- charge of the water into the river, than was supposed to be neces- sary when said ordinance was passed, by which the expense of constructing said Canal would be greatly increased, while the value of the waterfall at the point heretofore selected for the dis- charge of the water, would be so much diminished by being brought more within the reach of the ordinary freshets of the river, as to make it doubtful whether or not it would be used for manufacturing purposes; and, whereas, it is desirable that the water should be returned to the river above the wharves of Augusta and Hamburg, G8 unless it can be used advantageously, by being discharged into the river below said wharves: Sue. 1st. Be it therefore ordainedby the City Council of Augusta, That so much of said ordinance as makes it the duty of the Canal Commissioners, elected agreeably to the provisions of said ordin- ance, to provide for the discharge of the water of said canal into the river, at or near the northern extremity of East Boundary street, be, and the same is hereby, repealed. And the said Com- missioners, or a majority of them, with the advice of the Engineer chosen to superintend the construction of said Canal, are hereby authorized and empowered to provide for the discharge of the water of said canal, into the river at or near Hawk's Gully, or at such other point within the corporate limits of the city as the Com- missioners aforesaid, or a majority of them, with the advice of the Engineer aforesaid, may deem best adapted for an outlet for the water of said Canal. Sec. 2nd. And be it further ordained by the authority aforesaid, That if any person or corporation, shall build or cause to be built, at or near the northern extremity of East Boundary street, one or more Cotton Factories, containing not less than one thousand spin- dies, or one or more Flour Mills, running not less than three pair of mill-stones, at such an elevation as to be put in operation by the water of the third or lowest level of said canal, it shall be the duty of the said Canal Commissioners to furnish water for said factory or factories, mill or mills, from the third or lowest level of said canal, as soon and in such quantity as the same may be wanted to put in operation such factories or mills, or both, until all the water of the said third or lowest level shall be exhausted. And said Commissioners shall be authorized and empowered to enter into contracts with responsible individuals or corporations, to carry the provisions of this section into effect, and shall not charge more for the use of the water from the said third level, than is charged for the use of the same quantity of water furnished from the first or second levels of said Canal. Sec. 3rd. And be it further ordained by the authority aforesaid, That all ordinances and parts of ordinances militating against this ordinance, be, and the same is hereby repealed. Done in Council, this seventh day of July, eighteen hundred and forty-five. M. M. DYE, Mayor, C. A. Attest, W. Milo Omn, Clerk Council. 69 AN ORDINANCE To authorize a Subscription for Stock in the Augusta Canal, and to provide for the payment of the same. Whereas, the City Council of Augusta, by an Ordinance, passed on the fifteenth day of March, eighteen hundred and forty-five, authorized the construction of a canal for mannfacturing and other purposes, and the raising of certain monies therefor: and whereas, it is found necessary for the proper completion of said work, to raise an additional sum by a subscription on the part of the City Council: Sec. 1st. Be it ordained by the City Council of Augusta, That his Honor the Mayor be, and he is hereby, authorized to make and issue, in the name and in the behalf of the City Council of Augusta, bonds of convenient amounts, not exceeding in the aggregate the sum of thirty thousand dollars, signed by him in his official capacity, countersigned by the Clerk of Council, and sealed with their cor- porate seal, payable in ten equal annual portions, so that the first portion of said bonds shall be payable one year after the date there- of, and the last portion, ten years after the date thereof, with interest at the rate of seven per cent, per annum, payable semi-annually, to be calculated from the day on which said bonds may respective- ly be negociated by the Commissioners of said canal, to whom it shall be the duty of the Mayor to deliver the same, so soon as they shall have been executed in the manner hereinbefore provided, and to take from them, or a majority of them, a receipt therefor. Sec. 2nd. And be it further ordained by the authority aforesaid, That it shall be the duty of the said Commissioners, immediately after the negotiation by them of any of the said bonds, to sign, and deliver to the Mayor, for the time being, a certificate of that fact, which said certificate shall be deemed of the same character as the certificate authorized to be issued to the payers of the canal tax, under the ordinance passed on the fifteenth day of March, eighteen hundred and forty-five, and entitle the City Council to all the rights and privileges of a stockholder in said canal, in proportion to the amount of the bonds which may be negotiated by the Commission- ers of said canal, under the provisions of this ordinance. Sec. 3rd. And be it further ordained by the authority aforesaid, That all ordinances and parts of ordinances militating against this ordinance, be, and the same is hereby repealed. 70 Done in Council, this seventh day of March, eighteen hundred and forty-six, M. M. DYE, Mayor. Attest, W. Milo Olin, Clerk of Council, AN ORDINANCE To carry into effect the first and second sections of an ordinance passed on the fifteenth day of March, eighteen hundred and forty-five, entitled " An Ordinance to provide for the construe- tion of a canal for manufacturing purposes, and for the better securing an abundant supply of water for the city," and the agree- ment entered into with certain Corporations therein named. Be it ordained by the City Council of Augusta, That a tax of one half of one per cent, on the value of all real estate in the city of Augusta, subject to taxation, including the real estate of all cor- porations, excepting houses devoted to public worship and public instruction, be, and the same is hereby assessed for the present year, and for each succeeding year, until all the bonds issued under said first recited ordinance, with the interest thereon, shall be paid. Be it further ordained by the authority aforesaid, That such tax shall be assessed on the valuation of real estate made under the existing general ordinance for the present year, and under any general ordinance of force hereafter, providing for the assessment and collection of taxes for city purposes generally; and that when the real estate of any corporation shall not be, or has not been assessed, under such general ordinance, the value of the same shall be ascertained by the Clerk of Council, from the best means in his power. Be it further ordained by the authority aforesaid, That Digests of said taxable property shall be made out by the Clerk of Council and delivered to the Collector and Treasurer for the present year forthwith, and each succeeding year,- on or before the first Saturday of March; and it shall be the duty of said Collector and Treasurer to collect such tax by the first day of November next for the pre- sent year, and by the first Saturday of May for each succeeding year; and if any portion of such tax remain unpaid at the time hereby appointed for the collection of the same, the Collector and *71 Treasurer shall forthwith cause the issue of executions against the persons in default, and have the same collected by levy, in the same way and manner as if such executions were issued under the pro- visions of the general Ordinance", in relation to other taxes. And be it further ordained by the authority aforesaid, That so much of the second section of the before recited ordinance, as relates to the issue of a scrip or certificate to the tax-payer, and the exclusive application of the taxes collected, shall apply to the taxes assessed and collected under this ordinance. Done in Council, this third day of October, in the year of our Lord eighteen hundred and forty-six. LEWIS D. FORD, Mayor C. A. Attest, W. Milo Oukt, Clerk Council. AN ORDINANCE, In addition to an Ordinance passed on the fifteenth day of March, eighteen hundred and forty-five, to provide for the construction of a Canal, &c. Sec. 1st. Be it ordained by the City Council of Augusta, That his Honor the Mayor be, and he is hereby authorized and required, to execute, under the seal and in the name of the City Council, thirty bonds, of one thousand dollars each, and twenty bonds, of five hundred dollars each, bearing interest from date at seven per cent, per annum, and payable in from ten to twenty years, as he may find most convenient for the purposes hereinafter set forth, the interest to be made payable semi-annually in Augusta, Charles- ton, or New York, as may suit the convenience of negociation. Sec. 2nd. And be it further ordained, That his Honor the Mayor be authorized and required, to loan the "whole of said bonds, or so many thereof as the Canal commissioners may find necessary to complete their proposed work, to the " Augusta Canal Company, on receiving the bond of said Company to indemnify and save harmless the City Council, from the payment of all and any of the bonds, so loaned as aforesaid, both principal and interest, which said bond of said Company shall be secured by a mortgage on the Canal and its appurtenances, and the real estate now held by the Company. 72 Done in Council, this tenth day of October, eighteen hundred and forty-six. LEWIS D. FORD, Mayor. Attest, W. Milo Olin, Clerk of Council. AN ORDINANCE To provide for the payment of any Bonds, or other liabilities of the City Council of Augusta, which have already become due, or which may become due in the current year, and for the redemp- tion of the City Scrip now in circulation. Sec. 1st. Be it ordained by the City Council of Augusta, That his Honor the Mayor, be, and he is hereby authorized and required, to execute under the seal and in the name of the City Council, twenty-five Bonds, of one thousand dollars each, and thirty Bonds, of five hundred dollars each, payable on the first day of April, in the year eighteen hundred and sixty-two, and bearing interest at seven per cent, per annum, payable semi-annually, on the first of April and October, in each year, according to coupons or warrants to be annexed to said bonds, which said bonds and warrants shall be signed by the Mayor and attested by the Clerk of Council. Sec. 2nd. Andhe it further ordained, That his Honor the Mayor is hereby authorized and required, to place the said bonds, when duly executed, in one or more of the banks of this city, for the purpose of negociation on such terms as Council may approve— and the proceeds of said bends are hereby directed to be placed to the credit of Council, to be drawn out of such bank or banks by the Collector and Treasurer, on a special resolution of Council, to be used for the purposes in the caption of this ordinance, to-wit, the payment of any bonds or other liabilities of Council which may have already become due, or which may become due in the current year. Done in Council, this eleventh day of February, eighteen hundred and forty-seven. LEWIS D. FORD, Mayor. Attest, W. Milo Oluv, Clerk of Council. 73 Whereas, Bonds of the City Council have been issued, to aid the proper completion of the Augusta, Canal, and it is found that a part of said Bonds cannot be negociated to advantage, in con- sequence of the short time they have to run, Be it ordained by the City Council of Augusta, That his Honor the Mayor be, and he is hereby authorized, to execute in due form, in the name and in behalf of the City Council of Augusta, eighteen Bonds, of one thousand dollars each, payable in from ten to twenty years, as may best suit the convenience of negociation; and that he deliver said bonds as executed to said Commissioners of the Augusta Canal, in lieu of certain bonds for the same amount ex- ecuted and delivered to said Commissioners, in conformity to an ordinance passed on the seventh day of March, eighteen hundred and forty-six, authorizing a subscription on the part of the City Council, of Thirty Thousand Dollars, for the purpose aforesaid; and that when said last-mentioned bonds are received by the May- or, that it shall be his duty, with the Clerk of Council and the City Collector and Treasurer, forthwith to cancel the same. Done in Council, this eighteenth day of February, eighteen hundred and forty-seven. LEWIS D. FORD, Mayor. Attest, W. Milo Olin, Clerk of Council. AN ORDINANCE To exempt from taxation, during the time therein mentioned, man- factories connected with the Augusta Canal. Be it ordained by the City Council of Augusta, That the lots, buildings, machinery, and appurtenances of all manufactories that may be established on the Augusta Canal, and propelled by that water power, together with all the stock and materials of said es- tablishments kept on the premises, shall be free of all city taxes, until the first day of January which shall be in the year of our Lord one thousand eight hundred and fifty-four. Done in Council, this eighteenth day of February, eighteen hun- dred and forty-seven. Attest, 1 LEWIS D. FORD, Mayor. W. Milo Olin, Clerk of Council. ACT OF INCORPORATION. AN ACT, To Incorporate Augusta, and bnprove the Public Roads, in the neighborhood thereof. Whereas, from the extent and population of the town of Augusta, its growing importance, both with respect to increase of inhabitants and diffusive commerce, it is indispensably necessary that many regulations should be made, for the preservation of peace and good order within the same. And whereas, from the many weighty and important matters that occupy the attention of the Legislature, at their general meeting, it has hitherto been found inconvenient, and may hereafter become more so, for them to devise, consider, delibe- rate on and determine all such laws and regulations, as emergencies or the local circumstances of the said town may from time to time require: 1. Be it therefore enacted, That from and immediately after the passing of this act, all persons citizens of the United States, and residing one year within the said town, and having a freehold or lease for years, of a lot within the same or the village of Springfield, or between the said village and town, shall be deemed and they are hereby declared to be, a body politic and corporate; and the said town shall hereafter be called and known by the name of the " City of Augusta," and shall be divided into the following districts, to wit: All lots situated below the cross street, running from the river Savannah, between the market house and the house of Mrs. Fox, to be called and known by District No. 1; all the lots be- tween the said street and the cross street running from the said river, between the house of Mr. Andrew Innis and the house occu- pied by Collin Reed & Co. to be called and known by District No. 2; and all the lots above that street, including the village of Springfield, shall be called and known by District No. 3. 2. Be it further enacted, That any three Justices of the Peace for the county of Richmond shall "within sixty days after the passing of this act, give ten days public notice that two Members are to 75 be chosen for District No. 1 ; three Members for District No. 2; and two members for District No. 3; to represent them in the City Council, whose qualification shall be the same as that of a Member of the House of Representatives of the State Legislature; and that all free white persons residing in each District, being citi- zens of the United States, and residing one year within the said town, and having a freehold or lease for years of a lot therein as aforesaid, shall be entitled to vote for Members for their respective Districts; and they shall also notify the time and place wThen and where the election is to be held for each District, and appoint proper persons to conduct the same: and the said persons, when the election is closed, shall make a return to the said Justices ofk the persons chosen Members of the respective Districts, and the said J ustices shall give notice to the several persons of their ap- pointments respectively, and summon them to meet together at any time and place, within three days after their election, for the purpose of taking the oath of office prescribed by this law, which oath may be administered by any Justice of the Peace, or one warden to another: Provided three be present at the time of administering the same, and shall be in the words following: " I, A. B., do solemnly swear, that I will, to the utmost of my power, support, advance, protect and defend the good order, peace and welfare of the City of Augusta and its inhabitants, and will faithfully demean myself in the office of Intendant (or Member of the City Council, as the case may be) for the said City, according to the by-laws and regulations thereof, to the best of my skill and judgment: I do swear that I will support the constitution of this State: I do also swear that I will support the constitution of the United States." 3. And be it further enacted, That when five or moroofthe said Members shall have met and qualified as aforesaid, they shall with- in three days after such their qualification, give five days publie notice, that an Intendant of the City is to be chosen by the Mem- bers of the City Council, either from among their own body, or the citizens of the said town possessing the qualifications of a member as aforesaid; and at the same time mentioned in such notice, the said members shall meet at the Court House in the said city, and vote for such Intendant. And when such Intendant shall be chosen he shall take the oath above inserted, in the presence of any two or more of the members, after which he may qualify such members as were not before qualified, and if any member should be chosen 7tf Intendant, he, together with the members, shall fill up such vacancy until the next annual election. And the said Intendant shall and may, as often as occasion may require, summon the members to meet together in City Council, any five of whom, with the Intend- ant, shall be known by the name of, and they are hereby declared to be, " The City Council of Augusta." And they and their sue- cessors hereafter to be appointed shall have a common seal, and shall be capable in law to purchase, have, hold, receive, enjoy, pos- sess and retain, to them and their successors, for the use of the city of Augusta, in perpetuity, or for any term of years, any estate or estates, real or personal, messuage, lands, tenements or heredita- .^ments of what kind or nature soever, within the limits of the said city; and to sell, alien, exchange or lease the same, or any part thereof, as they shal| think proper; and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this State; and they shall also be vested with full power and authority, from time to time, under their common seal, to make and establish such by-laws, rules and ordinances respecting the harbor, streets, public buildings, work houses, markets, wharfs, public houses, carriages, wagons, carts, drays, pumps, buckets, fire engines, the care of the poor, the regulation of disorderly people, negroes, and in general every other by-law or regulation that shall appear to them requisite and neces- sary for the security, welfare and convenience of the said city, or for preserving peace, order and good government within the same; and the said City Council shall also be vested with full power and authority to make such assessments on the inhabitants of Augusta, or those who hold taxable property within the same, for the safety, benefit, convenience and advantage of the said city, as shall appear to them expedient; and to affix and levy fines for all offences com- mitted against the by-laws of the said city; and they are hereby authorized to appoint a clerk, treasurer, harbor master, fire master, marshal, constables, and all such other officers (affixing the salaries and fees of such officers respectively) as shall appear to them re- quisite and necessary, for carrying into effectual execution all the by-laws, rules and ordinances, they may make for the good order and government of the said city, and the persons residing therein : Provided, that nothing herein contained shall authorize the City Council to remove or alter the place for the public market house within the said city, but the one now established may be enlarged or extended, as the convenience, of the ch'zens may from time to i / time require; nor shall they make any by-laws repugnant to the constitution or laws of the lands; And provided also, That the by-laws, rules and ordinances they make, shall at all times be sub- ject to the revisal, alteration or repeal of the Legislature. 4. And be it further enacted, That the said Members of the City Council shall each of them have full power and authority, and they are hereby required to keep peace and good order within their respective districts; to issue warrants, and cause all offenders against law to be brought before them, and on examination either to release, admit to bail, if the offence be bailable, or commit to the custody of the Sheriff of Richmond, who is hereby required and commanded tc receive the same ; and the same to keep in safe cus- tody until discharged by due course of law. And each and every of the said wardens for the time being, shall be vested with all the powers and authorities that Justices of the Peace are vested with by the laws of this State, and shall and may exercise the same in every part of the said city, for the preservation of the peace and good order thereof. On the second Monday in April, in the year seventeen hundred and ninety-nine, and on the second Monday in April, in every year thereafter, there shall be an election for mem- bers within each district, as herein before described, the place for holding the said elections, and proper persons for managing and conducting the same, to be appointed by the Intendant at least ten days before the said time ; and the persons so chosen shall take the oath of office before the Intendant for the time being, or any Judge, or Justice of the Peace, after which they shall be fully qualified to act as members, and shall within three, days thereafter appoint an Intendant, qualified as herein before expressed; but after a new election of members, none of the former shall act or sit as members of the City Council, unless they shall have been re-elected; and the person so appointed, or chosen Intendant, shall take the oath of office in presence of two or more of the members, until which the former Intendant shall continue to act; but no person shall be eligible to serve as Intendant for more than five years in any term of seven years. In case of death of the Intendant, his resignation, refusal to act, removal from office, or absence from the State, the wardens shall fill up such vacancy until the next annual election, and in case of vacancy in any of the districts, by death or other- wise, such vacancy shall be filled up by the Intendant and other members until the next annual election. And if any person upon being elected Intendanf ^all refuse to act, he shall forfeit and pay 78 the sum of thirty dollars, for the use of the said city; and if any person on being elected a member of the City Council, shall refuse to act, he shall pay for the use of the city the sum of twenty dol- lars. And in case the Intendant or any of the members of the City Council whilst in office shall be guilty of any wilful neglect, malpractice, or abuse of office, he or they shall be subject to indict- ment in the Superior Court of the county of Richmond, in like manner as Justices of the Peace are by law subject; and on con- viction thereof, he or they shall forfeit and pay a sum not exceeding fifty dollars, for the use and benefit of the said city. 5. And be it further enacted, That it shall be the duty of the said City Council, and they shall have full power and authority, to keep in repair all public roads leading to Augusta, for the extent of three miles from the said city; and may levy a tax for thai purpose, in such manner and under such regulations as they may conceive least burthensome to the citizens, and best calculated for the general good, convenience and welfare of the said city and the inhabitants thereof. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Assented to, January SI, 1798. JAMES JACKSON, Governor. That from and after the first day of January next, the Chief Magistrate of the City of Augusta shall be known and addressed by the appellation of Mayor, and not Intendant, of the City of Augusta.—[First section of Act passed 19th December, 1817. Act op 10th December, 1803—to amend and explain an act, enti- tied "An Act to revise and amend an Act, supplementary to an Act for regulating the town of Augusta;" and to amend an Act, entitled " An Act for regulating the town of Savannah, and ham- lets thereof, and for other purposes." Whereas in and by the said act, it is amongst other things enact- ed, " That no person holding an appointment under this State, or the United States, (except justices of the peace and officers of the militia) shall be eligible to the appointmev* of an alderman. And 79 whereas doubts have arisen respecting the construction of the said clause of the said act, whereby the minds of the inhabitants of Savannah have been much disquieted, and the city injured, as many persons otherwise well qualified, have been deemed ineligible to serve as aldermen, by a rigid construction of, and adherence to the letter of the clause aforesaid. Sec. 1. Be it therefore enacted by the Senate and House of Rep- resentatives of the State of Georgia, in General Assembly met, and it is hereby enacted and declared by the authority of the same, That the true intent and meaning of the said act was, and is, to render ineligible such persons only, who held or hold appointments under this State or the United States, to which any salary or compensation attached, payable by this State or the united States, and was not intended to extend, nor ought to be,construed to ex- tend to any person holding the appointments of justices of the inferior courts, commissioner of pilotage, of academy, of poor or orphan house, of roads, of bankrupts, public notaries, or other appointments whatsoever, to which no such salary or compensation as aforesaid is attached. Act of 1st December, 1809. Sec. 3. And be it further enacted, That in case the intendant or any member of the said city council shall be absent from the said city two months at any one time, his seat may be declared vacant, and the other members of said council may proceed to fill such vacancy. Act of 23d November, 1814. Sec. 6. And be it further enacted, That the said city council of Augusta shall have full power and authority to make such by-laws, rules and regulations, as they may deem necessary, fully and effectually to prevent encroachments on the said streets and high- ways hereafter, and to remove such as now exist, and such as may hereafter exist, as, in their opinion, may be least burthensome to the citizens, and best calculated to promote the good order and welfare of said city, and its inhabitants. Act of 12th December, 1816. Sec. 2. And be it further enacted, That the intendant and alder- men of the said city be, and they are hereby authorized, after the 00 first day of October, eighteen hundred and seventeen, next, to appoint and license such number of vendue masters for the said city as they, in their discretion, shall think proper; such vendue masters first paying to the said city the sum of one hundred dol- lars, and giving bond and security to the State agreeably to the act for regulating vendues, which bond and security the intendant and aldermen are hereby authorized and required to take, before such vendue masters shall be licensed, and transmit the same to the trea- sury office of this State. Act op 19th December, 1817. Sec. 3. And be it further enacted, That district No. 3, shall be entitled to one additional member in the city council of Augusta, to be elected in conformity to the provisions of the law regulating such elections, and to take place at the next annual election for members of the said city council of Augusta. Act op 19th December, 1818. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the limits of the city of Augusta be, and the same are hereby extended to Hawke's Gully, on the western road, thence northwardly, in a direct line, to the Savannah river, and southwardly, in a direct line, until such line intersects South Boundary street continued; and that all persons and property within the said limits be, and the same are hereby subjected to the jurisdiction and power of the mayor and city council of the city of Augusta, and the same are hereby extended over them as fully and effectually, to all intents and purposes what- ever, as the same now exists over any part of the city of Augusta; and the land within the aforesaid limits is hereby added to the said city of Augusta, and declared to be part thereof; and all persons dwelling thereon shall be cohsidered inhabitants of the said city, and, as such, liable to all the assessments, taxes, contributions, pen- alties, regulations and prohibitions, and entitled to all the rights, privileges, benefits and immunities of other inhabitants of the said city, and subject to all the ordinances heretofore made, or which may hereafter be made, for the government thereof. Sec. 4. And be it further enacted, That the said mayor and city council be, and they are hereby authorized, on the request of the 81 owners of two-thirds in value of the real property on any square or street, to cause any existing street, running through or between such property, to be either extended or widened, or both, and to lay out and open new streets through such squares; and cause the damage sustained, and the benefit received by the holders of the property, to be assessed by a jury in the Mayor's Court, subject to an appeal to the Superior Court of Richmond county, in the same manner, and under the same regulations, as are or may be provided by law, or practised in the case of appeals from the Inferior Court of said county; and to cause the assessment so made to be levied by execution, and paid, under such rules and regulations as they shall prescribe. And the said mayor and city council are hereby authorized and empowered to pass all ordinances and by-laws, which may be necessary and proper to ensure the due and regular execution of all powers and authority, by this and the foregoing sections of this act in them vested; and to prescribe and regulate all the details, necessary and proper to give effect to the same. Act op 21st December, 1819. Sec. 3. And be it further enacted, That if any person shall sell, or attempt to sell, any goods, wares or merchandise, or any other property whatever, as a vendue master, or at public auction, in any of the aforesaid places, without having first obtained a license from the treasurer as aforesaid, he shall forfeit and pay for every sale, or attempt to sell, the sum of five hundred dollars, to be re- covered of him in any court of competent jurisdiction; and to be applied, one half to the use of the State, and the other half to the person giving information and suing for said fine: Provided, always, that nothing contained in this section shall be construed to extend to sales made by lawTful officers, under executions issuing from the proper authority, or to sales made by or under the author- ity of executors, administrators or guardians. Sec. 7. And be it further enacted, That if any vendue master shall make a fraudulent return to the treasurer, of the amount of his sales for any quarter, or shall return a less amount than that actually sold by him, he shall upon due conviction thereof, before any court of competent jurisdiction, be deemed and held guilty of perjury; and his securities shall moreover be liable for any loss which may accrue to the State, or any individual, by reason of such fraudulent or improper return. p 82 Act op 9tii December, 1822. Sec. 5. And be it further enacted by the authority aforesaid, That at the next general election for members of the city council of Augusta, and at every subsequent election, the persons entitled to vote for such members in their respective districts or wards, shall at the same time and in the same manner vote for some fit and pro- per person to fill the office of mayor of said city; and it shall be the duty of the persons presiding at said elections, or some three or more of them, immediately after they have closed the polls of the day, to assemble together at the place of holding the election, in the middle ward or district No. 2, and having added together the votes received for mayor as aforesaid, shall thereupon declare the person having the highest number of votes duly elected mayor of said city; and the person so elected shall be qualified and in- ducted into office in the manner heretofore pointed out by the acts to which this is amendatory; and in the event of any two or more having the highest and an equal number ef votes, then the members of the said city council shall decide by a majority of votes which of the persons having such equal number shall be mayor. Sec. 6. And be it further enacted, That the ward, or district, number one in said city as heretofore defined, shall be entitled to one or more representative in the council of said city; and that the next general election, and every election thereafter, the persons entitled to vote for members of the said! city council in said dis- trict shall vote for three members, instead of two as heretofore. Act of 20th December, 1824. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in the event of a vacancy happening in the mayorality of the city of Augusta, by death, re- signation, or otherwise, such vacancy shall be filled by election, in the same manner as that office is directed to be filled under the provisions of the act of which this is an amendment; which elec- tions shall be held by order of any three or more members of the city council, published for ten days in the public gazettes of said city. Act of 24tii December, 1825—to authorize the establishment of a new Market House in the City of Augusta. Whereas, from the great distance which separates a large num- ber of the inhabitants of the city of Augusta, from the present 83 market in said city, great inconvenience arises not only to them but to the community at large, by adding to the expenses of living» preventing the increase of inhabitants, and thereby enhancing the profits of trade to the injury of all who frequent that growing city, it is deemed just and proper that a new market should be established therein: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That J. C. Holcombe, H. G. Raiford, William Harper, Jesse Ansley, George W. Butler, Wm. H. Egan, and John Garner be, and they are hereby appointed commissioners to superintend the erection, by voluntary subscrip- tion, of a new market house, of such form and dimensions as they or a majority of them may deem advisable, in the city of Augusta, in the centre of Broad-street, immediately above or below its inter- section with Marbury-street; which said commissioners or a majority of them as aforesaid, or the citizens interested, may at any time hereafter enlarge, alter or improve said market house, if the city council of Augusta should consider it expedient to enlarge, alter, or improve the same at the public expense. Sec. 2. And be it f urther enacted, That the said market house when so erected shall be placed under the authority and control of the city council of Augusta," and be subject to such rules and regulations as may from time to time be prescribed by the said city council for the government of the present market in said city. Sec. 3. And be it further enacted, That it shall and may be lawful for any person or persons to vend any article or articles, thing or things, at the said new market when erected, as are now or may here- after be lawfully vended at the present market house in the said city. Sec. 4. And be it further enacted, That in case of the death, re- moval, or resignation of any one or more of the above named commissioners, a majority of the others shall at all times be em- powered to carry into effect the true intent and meaning of this act. Act op 24th December, 1827—to authorize the City Council of Augusta to appoint Vendue Masters for said city, to prescribe their duties, to regulate the form and amount of their Bonds, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enact- ed by the authority of the same, That from and after the passing of this act, the city council of Augusta shall have full power to appoint 84 on the first Saturday in January, annually, or at their first meeting thereafter, as many vendue masters for said city, not exceeding four, as in their opinion the public good may require; and instead of the oath heretofore required to be taken and subscribed before the justices of the Inferior Court, the said city council shall admin- ister to the said vendue masters the following oath, viz: "You solemnly swear to do, perform, and discharge all the duties of a vendue master required of you by the laws of this State and the ordinances of the city of Augusta, to the best of your ability, so help you God." And the said city council shall take from each vendue master appointed under this act, in lieu of the bond here- tofore required, a bond with two or more good and sufficient secu- rities, payable to the mayor of the city of Augusta and his successors in office, in a sum not exceeding thirty thousand dollars, conditioned for the faithful payment of all duties and taxes that are now or may be hereafter imposed upon sales at vendue by any law of this State, or ordinance of said city; and for the payment of all moneys, and the transfer and delivery of all notes, bills, bonds, obligations, or other valuable thing or things, received by him for merchandise or other property sold at vendue or at private sale, to the owner or owners of the same, or to his, her, or their legal representative or representatives, upon demand made for the proceeds or effects of such sales; and also, for obeying all lawful orders which said ven- due masters may receive from the owner or owners of any mer- chandise or other property placed in his hands, respecting the sale or disposition of the same. Sec. 2. And be it f urther enacted, That every vendue master so appointed as aforesaid, instead of the returns heretofore directed to be made, shall make his returns quarter yearly, ending on the last days of the months of April, July, October, and January, of all sales effected by him at vendue during said quarters; which returns shall be made under oath before the mayor or any member of the city council, and be deposited by said vendue master with the clerk of said council, whose duty it shall be to submit the same to the examination of the said city council, at their next meeting thereafter; and said vendue master shall also pay over to the said city council all moneys accruing to the State of Georgia for duties or taxes upon such sales; and it shall be the duty of said council, within ten days after the receipt of such moneys, to deposite the same in one of the banks of Augusta, to the credit of the treasurer of the States of Georgia, and to give him immediate notice thereof. 85 3. And be it further enacted, That if any vendue master appointed under this act shall violate his bond by failing to comply with all or any of its conditions, requisitions, or provisions, such vendue master with his securities, shall be subject to be sued upon said bond, or upon copy thereof, authenticated by a certificate signed by the mayor of said city, and attested by the clerk of the city council, in any court of law having competent jurisdiction, by and in the name and for the use and benefit of any person or persons body corporate or politic, who shall have been defrauded, endam- aged, or injured by such violation; and such vendue master shall, moreover, upon complaint made and proof adduced before the city council aforesaid, of a violation of his bond and duties, be, at the discretion of said council, discharged from office. Sec. 4. And be it further enacted, That for every act, malfeas- ance, misfeasance and nonfeasance, done or omitted to be done, by any vendue master appointed under this act, whether contrary to the condition of his bond or not, he shall still be liable as at common law; any thing contained in this act to the contrary notwithstanding. Sec. 5. And be it further enacted, That if any bond or bonds taken under this act should not pursue the terms and provisions thereof, such bond or bonds shall not therefore be void but shall be taken and held as good voluntary bond or bonds, at common law. Sec. 6. And be it further enacted, That from and after the passing of this act, no vendue master in the city of Augusta shall be required to give any other bonds or to take any other oath for the faithful performance of his duties than those provided in this act, nor shall any vendue master in said city be required to apply for [license] or make returns of his sales to the treasurer of the State of Georgia, as was heretofore the practice; any law to the contrary notwithstanding. Act of 24th December, 1791. Sec. 5. Provided always, that the corporations of the City of Sayannah and Augusta shall have the sole regulation and power of governing and directing taverns and granting licenses within their several jurisdictions. 86 Penal Code of 1833. Sec. 24. All nuisances not here mentioned, which tend to annoy the community, or injure the health of the citizens in general, or to corrupt the public morals, shall be indictable, and punishable by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. And any nuisance which tends to the immediate annoyance of the citizens in general, is manifestly inju- rious to the public health and safety, or tends greatly to corrupt the manners and morals of the people, may be abated and suppressed by the order of any two or more justices of the peace of the coun- ty, founded upon the opinion and verdict of twelve freeholders of the same county, wrho shall be summoned, sworn and empannelled for that purpose; which order shall be directed to, and executed by the sheriff of the county or his deputy. And if the nuisance ex- ist in a town or city, under the government of a mayor, intendant, aldermen, wardens, or a common council, or commissioners, such nuisance, by and with the advice of said aldermen, wardens, or council, or commissioners, may be abated and removed, by order of said mayor or intendant, or commissioners, which order shall be directed, to and executed by the sheriff or marshal of said town or city, or his deputy ; and reasonable notice shall in every case be given to the parties interested, of the time and place of meeting of such justices and freeholders, or of such mayor, intendant and aldermen, wardens or council, or commissioners. Provided always, that when the nuisance complained of, is a grist or saw mill, or other water machinery of valuable consideration, the same shall not be destroyed or abated, except upon the affidavits of two,or more freeholders, before one or more justices of the inferior court of the county in which the nuisance complained of may exist, tes- tifying that the health of the neighborhood, according to their opin- ion and belief, is materially injured by such mill dam, or other obstruction to a water course by other machinery, as may be com- plained of; whereupon it shall be the duty of such inferior court, as soon as practicable, to cause a jury of twelve men to be drawn from the jury box, and summoned for the trial of the cause, who together with the said court shall attend at the court house of said county to adjudge the case of nuisance complained of; and both parties shall have a reasonable time allowed them to summon their witnesses and procure their attendance. 87 Act of 24th December, 1835. Sec. 1. Be it enacted by the Senate and House of Representa- lives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of April next, all that part of district number three in the city of Augusta, west of Campbell-street, shall be called and known as district number four, and shall be entitled to three mem- bers of Council, to be elected at the time and in the manner now provided by law for the election of Mayor and members of Council. Sec. 2. And be it enacted by the authority aforesaid, That so much of the fourth section of the act incorporating said city, passed on the thirty-first day of January, seventeen hundred and ninety- eight, as limits the eligibility of the Intendant or Mayor of said city be, and the same is hereby repealed. Sec. 3. And be it further enactedby the authority aforesaid, That from and after the passage of this act, the City Council of Augusta shall have full power and authority to assess and tax property of every kind and description, situated, used or operated upon in said city, that may be owned by individuals or corporations residing or located out of said city; which assessments and taxes shall be made and collected in such manner as the said city council have directed or shall direct by ordinance; and which assessments and taxes shall not in any case exceed the assessments and taxes on like pro- perty in said city, owned by the inhabitants thereof or corporations therein. Sec. 4. And be it further enacted by the authority aforesaid, That from and after the passing of this act, when any person shall be summoned and shall appear before the City Council to answer for a violation of the city ordinances, and upon an investigation of the charge it shall appear to the City Council that such individual has committed an offence punishable by the laws of this State, it shall be the duty of the City Council to bind over him or her, with good and sufficient security, to appear at the next term of the Su- perior Court of Richmond county to answer for such offence, and in case such offender shall refuse or be unable to give security, the City Council may commit him or her to jail, or discharge him or her on his or her recognizance, at the discretion of the said City Council. Sec. 5. And be it further enacted by the authority aforesaid, That when any vacancy shall hereafter happen in the office of the Clerk or Sheriff of the Court of Common Pleas of Augusta, by 88 death, resignation, or otherwise, the City Council shall proceed to fill such vacancy as soon as practicable; and until the same is filled, the Marshal of the city shall be competent, and it shall be his duty to serve any process issued from or returnable to said Court, direct- ed to the Sheriff of said city. Sec. 6. And be it further enacted by the authority aforesaid, That from and after the second Monday in April next, the Mayor and six members of Council, or in the absence of the Mayor, seven members of Council, shall be a quorum for the transaction of busi- ness, except during the months of July, August, September and October, when any five members, or the Mayor and any four mem- bers shall be a quorum. Act of 22d December, 1835. Whereas, at the first organization of the town of Augusta, the trustees of said town and the trustees of the Academy of Richmond county were one body; and whereas the title to said south and east common was always taken and understood as being in the said united body; and whereas, upon the incorporation of said town and the division of the Trustees thereof into two separate and distinct bodies, to-wit, "the City Council of Augusta," and "the Trustees of the Academy of Richmond County," the said common remained in the possession of the Trustees last as aforesaid, but the title thereto has recently become a matter of dispute between the said City Council and the said Trustees, which dispute has been compromised, and the said Trustees have agreed to release upon certain terms and conditions, their entire interest in said common to said City Council. Be it therefore enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said settle- ment between the said City Council of Augusta, and the said Trus- tees of the Academy of Richmond county, so soon as the said release shall be duly executed and delivered, be, and it hereby is confirmed, and the said City Council are hereby declared to be invested with the absolute title in fee simple, to the south and east common aforesaid. Act of 30th December, 1836. Sec. 1, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby 89 enacted by the authority of the same, That from and immediately after the passage of this act, it shall and may be lawful for the City Council of Augusta, to pass such ordinances as they may deem proper, regulating free persons of color in said city, and slaves living separate and apart from their owners in said city, and in relation to slaves hiring their own time, or working for themselves within said city; and also, to levy and collect such taxes as they may think proper, against, and from such free persons of color or the owners of such slaves. Sec. 2. And be it further enacted by the authority aforesaid,. That it shall, and may be lawful for the said City Council to sub- scribe for, hold and transfer at pleasure, any stock of any of the incorporated companies of this State, and to borrow upon the ere- dit of the said city, any sum or sums of moneys at such times, and in such way and manner as they may deem proper. Sec. 9. And be it further enacted by the authority aforesaid, That from and after the first day of January next, the said City Council shall pay to the Judge of the Court of Common Pleas, a salary, annually, of one thousand dollars, in payments of two hun- dred and fifty dollars each, immediately after each of the sessions of the said Court, limited and appointed in this act; and that the Clerk of said Court shall pay over to the said City Council imme- diately after each session, all fees which the Judge of said Court is now allowed by law. Sec. 11. And be it further enacted by the authority aforesaid, That from and after the passage of this act, the said City Council, in consideration of their being required to pay the aforementioned salary to the Judge of the Court of Common Pleas, shall be author- ized to retain for the use of said city, until the Legislature shall otherwise direct, all auction duties now collected by them for the State, and sales made in said city. Sec. 12. And be it further enacted by the authority aforesaid, That from and after the passage of this act, it shall not be lawful for the City Council aforesaid, to appoint or elect any one of their body to any office within said city. Act of 29th December, 1838. Sec. 1. jBe it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all elections for Judge of the said Court shall be made 90 by the City Council of Augusta, the first to take place oti the first Saturday in November, eighteen hundred and forty-one, and then every third year thereafter; and in case of a vacancy occurring at any time after the passage of this act, the said City Council shall fill the same at such time as they may determine. Sec. 2. And be it further enacted by the authority aforesaid, That when any such election shall take place, it shall be duly certified by ythe Mayor of said City, to the Governor of this State, whose duty it shall be to commission the person who may be elected for the regular term of three years, or to fill a vacancy, as the case may be. Act of 23d December, 1840. And whereas, the City Council of Augusta have purchased from Gazaway B. Lamar and others, the Bridges across the Savannah River, at Augusta, and have issued their bonds or scrip in payment for the same—And whereas, the said City Council have desired a confirmation of said purchase— Sec. 3. Be it enacted by the authority aforesaid', That the pur- chase of said Bridges, and the issue of such bonds or scrip, are hereby fully confirmed and made valid and legal, to all intents and purposes. Sec. 4. And be it further enacted, That the said City Council of Augusta shall henceforth have all the powers, authority and privi- leges vested by law in the late owners of said Bridges, and shall henceforth have the exclusive privilege of building, erecting and keeping up Bridges across the Savannah River, at Augusta, within the corporate limits of said city, (which are hereby extended, on the North, over said River to the boundary line between this State and the State of South Carolina) with power to collect the toll now authorized by law, in relation to the Bridges standing at the time of such purchase : Provided, that nothing in this act contained shall be so construed as to impair the right, title, claim, or interest, of any*person or persons in and to the lower Bridge, commonly called the Augusta Bridge. Sec. 5. And be it further enacted, That the City Council of Au- gusta be, and they are hereby authorized to make and put in exe- cution all ordinances necessary to protect their rights in the said Bridges and privileges therewith connected, and to prevent the interference therewith, in any way or manner, by any person or persons whatever: Provided, such ordinances be not repugnant to the Constitution and laws of this State or of the United States. 91 Sec. 6. And be it f urther enacted, That no member of the City Council of Augusta shall hold any office, appointment or contract under said City Council, (whereby he may derive any profit or emolument from said City Council) or the office of Judge, Clerk or Sheriff of the Court of Common Pleas; nor shall any person holding or interested in any such office, appointment or contract, be eligible as a member of the City Council, after the first Monday in April next. Sec. 9. And be it further enacted, That the Mayor and Members of Council of the City of Augusta be, and they are hereby exempted from the performance of ordinary Militia duty, during their con- tinuance in office. Act of 11th December, 1841. Sec. 6. And be it further enacted, That the City Council of Augus- ta be, and they are hereby authorized to discharge from imprison- ment any debtor who may be committed to the jail of said city, where the plaintiff shall fail for one week to payor secure the jail fees of such debtor, without reference to the residence of said plaintiff. Sec. 8. And be it further enacted, That the City Council of Au- gusta be, and they are hereby authorized to prohibit any omnibus, or other vehicle, from passing the Bridge across the Savannah river at said city, when such vehicle is (in their opinion) so heavy as to endanger the said Bridge: Provided, that whenever any such prohibition shall be made, it shall and may be lawful for the owner or owners of such omnibus, or other vehicle, to file in the office of the Clerk of said City Council, objections thereto; and at the same time to nominate in writing, one competent civil engineer or me- chanic; and the said City Council shall within three days thereafter nominate another such engineer or mechanic; and the persons so nominated shall be forthwith notified by the said Clerk of their appointment, and shall within three days after such appointment, examine such omnibus, or other vehicle, and said bridge, and de- termine whether or not the passage of such omnibus, or other vehicle with a full load will endanger said bridge; and in case of disagreement, they shall choose a third as umpire, and report the decision in writing to the office of the Clerk of said City Council, which shall be conclusive either to rescind or enforce said prohibi- lion. And the running of such omnibus, or other vehicle, shall be suspended until such decision shall be made and returned; unless the same shall be delayed beyond the time herein specified. 92 Sec. 9. And be it further enacted, That when the vote of any person shall be challenged at any election for Mayor or members of Council, he shall take the following oath or affirmation before the superintendents, to-wit: "You do solemnly swear (or affirm, as the case may be) that you are a citizen of the United States; that you have resided for the last twelve months in the State of Georgia, (except absent on lawful business,) and that you have re- sided in the city of Augusta for the last six months (except absent on lawful business) and considered it your home during that period. You do further swear (or affirm) that you have paid all taxes re- quired by the ordinances of the City Council of Augusta, for which you are liable. So help you God." And if any person shall illegally vote at any such election, he shall be liable to the punishment prescribed by the laws of this State for illegal voting at other elections. Act of 24th December, 1842. Sec. 2. And be it further enacted by the authority aforesaid, That when any vacancy shall occur in the representation of any district in the City Council, the same shall be filled by the voters residing in such district; and such election shall be conducted in the same way and manner, in said district, as is now provided by law, where there is a vacancy in the office of the Mayor of said City. AN ACT To Incorporate the Proprietors of the Augusta Canal, and to con- firm certain Ordinances of the City Council of Augusta, therein mentioned, and to punish those who may injure their property. Whereas, The City Council of Augusta, by an Ordinance passed on the fifteenth day of March, eighteen hundred and forty-five, amended by an Ordinance passed on the seventh day of July, of the same year, provided for the construction of a Canal, for man- ufacturing and other purposes, which is now in process of con- struction, from Bull Sluice, on Savannah River, in Columbia county, into the city of Augusta, by which said Ordinance the payers of certain taxes therein specified, and others contributing to the expense of constructing the said Canal, and their assigns, are to become the proprietors thereof, in proportion to the amount of scrip issued to, or held by them, under the provisions of said Ordinance; and whereas, it is necessary for the proper manage- ment of said Canal that the proprietors thereof should be incor- porated— Section 1. Be it therefore enacted hy the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all per- sons now holding, or who may hereafter hold such scrip as has been or may be issued by authority of, and in conformity to, the provi- sions of an Ordinance of the City Council of Augusta, passed on the fifteenth day of March, in the year of our Lord eighteen hun- dred and forty-five, entitled an Ordinance " to provide for the con- struction of a Canal, for manufacturing purposes, and for the better securing an abundant supply of water for the city," be, and they are hereby made and declared to be a body corporate and politic, under the name and style of The Augusta Canal Company, and by that name and style shall have perpetual succession of officers and members, and be capable in law to have, purchase, receive, possess, enjoy and retain, to themselves and their successors, lands, tene- ments, hereditaments, goods, chattels and effects, of what kind, nature or quality soever the same may be, and the same to sell, grant, demise, alien, or otherwise dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity of competent jurisdiction, in this State or 94 elsewhere; also to adopt and use a common seal, and to ordain, establish, and execute such by-laws, rules and regulations, as they shall deem necessary for their government, and the proper manage- ment of said Canal. Provided, the same be not repugnant to the Constitution and laws of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid, That for the well ordering of the affairs of said Company, there shall be a board of five managers, who shall be elected so soon as said Canal shall be completed by the Commissioners now charged with the construction of the same, or before that time, if a majority of the scripholders or stockholders, voting as hereinafter provided, shall, at a meeting to be called for that purpose, after ten days notice in any two gazettes published in Augusta, so determine; which said Managers shall hold their offices for one year from the time of their election, and until their successors shall be duly elected j at which elections, and in all meetings of the scripholders or stock- holders, each scripholder or stockholder shall have one vote at the least, and an additional vote for every dollar over one for which he or she may hold scrip. And the said Board of Managers shall,, at the first meeting after their election, elect a President, and such other officers as may be necessary for the convenient management of the affairs of the said Company. Provided, That such election of managers and officers shall not supersede the Commissioners now charged with the construction of said Canal and works, before the completion of the same. Sec. 3. And be it further enacted by the authority aforesaid, That it shall be lawful for the said Managers, at any time hereafter, to increase the volume of water in said Canal, by deepening or widening the same, or both, and extending and raising the dam now being constructed at the upper end of said Canal; and any damage sustained by individuals from the construction of such works, or any of them, shall be ascertained and recovered in the manner hereinafter specified for the ascertainment and recovery of other damages. Sec. 4. And be it further enacted by the authority aforesaid, That the said Managers for the time being shall have full power, in the name and behalf of the said Company, to make all contracts for the construction, extension, repair and improvement of said Canal and its appurtenances, and for the use of the water of the same for manufacturing or other purposes, and to impose and collect such proportionate assessments upon the individual- 95 (stockholders of said Company as may be required for such con- struction, extension, repair or improvement, or for the payment of any damage sustained by manufacturers or others from a failure to supply them with water,- according to such contracts as may be made by virtue of the authority herein before granted, or to meet any other legal liability of the Company ; and upon the failure of any stockholder to pay such assessments wdthin thirty days of the time appointed for the payment of the same, (of which ten days notice shall be given through any two of the gazettes then published in the city of Augusta,) the entire interest of such defaulting stock- holder in said Canal and its appurtenances, and all other property, rights and franchises held by the Company, shall be forfeited to said Company. Sec. 5. And be it further enacted by the authority aforesaid, That in case the line of said Canal, or the race-ways, waste-ways, or tow-path therewith connected, shall pass through the lands of any person or persons with whom the present Commissioners, or their successors, or the future Managers of said Canal, hereafter to be elected, as provided in the second section of this act, have not made or cannot make a satisfactory agreement as to the terms upon which the same may be extended over or through such lands, the said Commissioners, or their successors, or the said Man- agers, as the case may be, shall nevertheless have the right to estab- lish, open and construct the said Canal, race-wTays, water-ways, [waste-ways] and tow-paths through and over the same, and that the damages, if any, sustained by the proprietor or proprietors of such lands shall be ascertained and assessed by five appraisers, of whom two shall be nominated by said Commissioners or Managers, two by such proprietor or proprietors, and the fifth by the four so nom- inated, whose award, or that of a majority of them, certified in writing under their hands and seals, in duplicate, one part for each of the parties m interest, shall be recorded in the office of the Clerk of the Superior Court of the county in which such lands are situated ; and if not appealed from, as herein after provided, shall operate as, and have the force and effect of, a judgment, vesting in said Company the right of way over and through such lands ; upon which award, so recorded, and not appealed from, if any sum is thereby awarded as damages to said proprietor or proprietors, the said Clerk shall, after the expiration of thirty days from the time of the record thereof, issue execution for the same, under the usual form of executions founded upon'judgment of the Court, return- 9G able to the next Superior Court of said county, which execution may be levied on any property of the Company, either real or personal. But in case either of the parties should be dissatisfied with the decision or award of the said appraisers, such dissatisfied party or parties may, within te.n days after the recording of the same, exercise his, her or their right of appeal, by making known his, her or their intention, by a written notice served upon the ad- verse party, and upon the said Clerk, whose duty it shall be there- upon to suspend the issue of execution, and enter a memorandum of such appeal on the appeal docket of his Court, to be tried by a special jury at the next term, which trial shall be final, vesting in the Company the said right of way, and in case of damages,, en- titling the person for whom they are found to a judgment and exe- cution therefor. Provided, That the appraisers herein before mentioned, before entering upon the discharge of their duties as such, [shall] severally take and subscribe an oath, before some judicial officer of the State, well and truly and impartially to deter- mine and award in the premises. Sec. 6. And be it further enacted by the authority aforesaid, That in case it should be necessary, in the further construction or future extension, deepening or widening of said canal, or its race- ways, waste-ways, or other improvements or works therewith con- nected, to use any earth, clay, stone, gravel or other materials, on or near the line of said Canal or other works, and the said Commis- sioners or Managers, and the proprietor or proprietors of the land from which such earth, clay, stone, gravel or other materials are to be taken, cannot agree upon the terms on which the same may be procured for the purposes aforesaid, it shall nevertheless be lawful for said Commissioners or Managers to take and use the same, and the damages, if any, shall be assessed, the right of ap- peal, if desired, exercised, and the ultimate award or judgment shall be enforced as provided in the preceding section of this act, in relation to the right of way, and assessment and collection of damages awarded by the appraisers, or found by a special jury on appeal. Provided, That no difference or disagreement between the said Company and any land holders shall be a ground for in- junction against said Commissioners, Managers or Company, or otherwise suspend or impede any of the works contemplated in this or the preceding section of this act, which shall proceed without delay or interruption, upon the said Commissioners, Managers or Company tendering to such land holder sufficient security for the 97 payment of such damages as may be so assessed Of found fof hirn as aforesaid ; upon the sufficiency of which said security the judge to whom application may be made shall decide, and who, if he deems the same insufficient, shall require OtheT or additional security to be offered within three days; on the failure or refusal to give which, an injunction may issue; but any injunction granted against said Commissioners, Managers or Company, shall be dissolved so soon as such security as the Judge of the Superior Court of the Middle District of this State may deem sufficient shall have been given by said Commissioners, Managers or Company. Sec. 7. And be it further enacted by the authority aforesaid, That the Board of Managers for the time being shall have power to make and enforce such rules and regulations in relation to the use of said Canal and its waters, for navigation or other purposes, and to impose and collect such tolls, rent or other charges, as they may deem equitable and expedient, and which do not interfere with any of the existing contracts or obligations of said Company, of of the Commissioners now charged with the construction of said Canal, under the provisions of the ordinances of the City Council of Augusta, mentioned in the first section of this act; which said ordinances are hereby confirmed and declared to be of full force, so far as the same are not superseded or modified by the provisions of this act. Provided, That nothing herein contained shall affect the rights of any person or persons who may have heretofore in- fctituted any legal proceedings with a view of obtaining exemption or relief from the payment of taxes or assessments imposed by said ordinance. Sec. 8. And be it further enacted by the authority aforesaid, That in case it should at any time hereafter be deemed expedient for any of the lawful purposes of said Company to increase the capital stock thereof, by voluntary subscriptions, it shall be lawful for the stockholders therein to authorize such increase, upon such terms and conditions as may be decided on by said stockholders, voting as herein before provided, in a general meeting, to be called for that purpose, of which at least thirty days notice shall be given in the several gazettes then published in the city of Augusta; and that the new stockholders coming into the Corporation, under such subscription, shall have all the privileges, and be subject to all the duties and liabilities of the original corporation. Sec. 9. And be it further enacted by the authority aforesaid\ That in case the Managers of said Company should at any time a 03 hereafter deem it necessary or expedient to borrow money to carry on the construction, extension, enlargement or improvement of said Canal, or any of the appurtenances thereof, it shall be lawful for them to mortgage the said Canal and appurtenances, and any other property of which they may be possessed, by way of security for the payment of such loans as they may make for such purposes; and that in case of the foreclosure of such mortgage, and the sale of such Canal and its appurtenances, the purchaser or purchasers thereof, upon full compliance with the terms of sale, shall have, possess, retain and enjoy, as a body politic and corporate, under the saidyiame and style of the Augusta Canal Company, all and singular the rights and privileges by this act conferred upon and vested in the Company hereby incorporated, and be subject to all and singular the duties, obligations and restrictions imposed upon the same by the provisions of this act, or by the ordinances of the City Council of Augusta, herein before mentioned, so far as the same are not superseded or modified by this act, and shall be bound faithfully to keep and perform all contracts theretofore made by the said Company, in relation to the use of said Canal, and the waters thereof. Provided, That no such mortgage shall be made but upon a vote of a majority of the Managers for the time being, at two successive meetings, between which there shall be an inter- val of at least ten days. And provided further, That the said Managers shall not mortgage said Canal and its appurtenances for any sum or sums of money, amounting in the aggregate at any one time to more than ten thousand dollars, unless specially authorized and instructed to loan the same for a larger amount, by a vote of a majority of the stockholders, voting as herein before provided, in a general meeting of said stockholders, called for that purpose, after at least thirty days notice thereof in each of the gazettes at the time published in the city of Augusta. Sec 10. And he it further enacted hy the authority aforesaid, That if any person shall wilfully and maliciously in any way ob- struct, injure or damage the said Canal, or any race-way, waste- way, tow-path, dam, gate, aqueduct, culvert, drain, bridge, fence, or other work therewith connected, or wilfully and maliciously, in any manner whatever, obstruct the free passage of water into and through the said Canal, or any of the race-ways, waste-ways, or aid or assist, counsel or abet any other person or persons in so doing, .such person so offending shall be liable to be indicted for a misdemeanor, and upon conviction thereof, shall be punished by 09 fine, or imprisonment in the common jail, or both, at the discretion of the court; and moreover shall be liable in damages to said Company, end to any person or persons who may be thereby in- jured, to be recovered by action in any court having competent jurisdiction. Sec. 11. And be it further enacted, That the proprietors of said Canal shall open and keep open the boat-sluice on the outside of their dam, at the head of said Canal, so that the navigation of the river at that point shall be made and kept at least as good as it was before the construction of said darn ; and that said proprietors shall not be allowed, by any extension of said dam, or any other work, to obstruct the navigation of said river, or the free passage of fish. Sec. 12. And be it further enacted, That the stockholders shall be liable for the debts of said Company, in proportion to their re- spective interests therein ; and that said Company shall not at any time contract debts beyond half the amount of the capital invested. Approved, December 21th, 1845. INDEX TO GENERAL ORDINANCE. PAGE. SEC. Allies and Lanes—not to be used by carts, &c 4 6 Arcades and Porticoes—building of regulated 7 16 Assistance to Officers—penalty for refusing, 8 20 Assessors—appointment and general duties of 51 123 Banks—foreign agency, tax on 48 113 Bathing— in River, regulated, 4 5 Balloons—ascension of^ prohibited, 23 52 Boats—when quarantined, 12 32 with water in holds, to be removed, 12 32 for passengers, &c. prohibited, 26 62 above the Augusta Bridge, to be secured, 25 59 duty Marshal, in relation thereto, 25 59 liability of owners, 25 59 Blacksmith Shops—building of, regulated, 22 50 Board of Health—appointment and powers,, 46 110 Building Materials—not to be put in streets, 4 7 Buildings of Wood—regulated, 22 47 Butchers—duties of, at market, 28, 29 67, 68 Butcher Pens—prohibited, 6 12 Bridge Keeper—election of and duties 40 98 Bridge Committee—appointment, duties and powers, 40,41 99 Bridge—disorderly crossing, penalty for 25 60 vehicles over 8000 pounds, not to cross, 25 61 Clerk of Council—general duties and fees, 38 94 City Marshal—appointment and general duties, 38 95 to report at each session Police Court, 34 84 to remove obstructions in River, 6 14 in relation to hogs running at large, &c 9 24 Constables—election of, and general duties 39 96 City Watch—number and election of 39 97 Clerk Lower Market—appointment and general duties 42 101 Clerk Upper do. appointment and general duties 43 102 Collector and Treasurer—election, &c 35 88 general duties ol 36 89,90 « « 37 91 liabilities of 37 92,93 fees of 37 93 Corporal Punishment—how commuted, 16 39 City Surveyor—appointment arid general duties, 44 105 City Sexton « » « « 45 107 City Officers—oath of 45 108 when elected, and dismissal of 46 109 who eligible 46 109 Camping—within certain limits prohibited, 7 15 Cemetery—burying without, penalty for 14 34 Cellar Doors—their extension and elevation, 7 16 Committee of Scuttles and Stows—appointment and duties, 22 48 Chimneys—regulation of 23 51 burning, penalty for 23 54 Cotton Weighers—qualifications and duties 31 79 Commons—earth not to be removed frotn 6 13 Circus—tax on 50 120 102 PA OS. BEG. Disorderly Houses—prohibited 3 3 Disorderly Conduct—in streets or elsewhere, prohibited, S 18 Disorderly Driving and Riding in streets—prohibited, 4 8 Drums—beating of, after sunset prohibited, 5 10 Drays—to be licensed, 19 44 duty of drivers, 19 44 Dogs—running at large, regulated, 50 122 Diseases—contagious, how removed 13 33 Earth—not to be removed from river banks or streets, 6 13 Engines—under whose charge, 24 56 ■Fire—not to be carried in the streets, £3 53 not to be built in open air 23 53 at alarm of, citizens must repair to 24 55 citizens at, subject to orders Officers Fire Company, 24 5(5 Fire appointment and duties of 24 57 Fines—manner of enforcing, 35 86 Fees—when authorized and by whom paid, 35 87 Fodder corporal, when commuted 16 39 Quarrelling or Mg/t/iag—penalty for 8 18 in case of slaves, 16 39 Retailing Spiritous Liquors—regulated, 17, 18,19 43 Returns—duty of persons to make 52 124 neglecting to make 53 125 River—offensive matter not to be thrown into 5 9 break-water and other obstructions prevented, 6 14 duty of Mayor and Marshal in regard thereto, 6 14 banks, earth not to be removed from, 6 13 Rockets and Fireworks—prohibited 23 52 Sabbath—to be kept, 3 l Slaves—trading with prohibited, 8 21 hiring or lending horses, &c. prohibited, 9 22 employing, to sell goods, &c. restricted, 9 23 riding or driving about without permission, to be arrested, 14 36 may live separate and apart, *. 14 35 amount of tax, 54 am'd not to attend military parade, 15 36 not to walk with cane, 15 36 not allowed to enter retail shops, 15 37 not allowed to play upon instruments, &c 15 38 not to be absent after bell ringing, without pass, 15 38 not to keep light after 10 o'clock, P. M 15 38 not to fight, quarrel, or be disorderly, 16 39 not allowed to keep shop for self or others, 16 40 not allowed to preach without license, 16 42 meeting of, regulated, 17 42 104 PA St. S£C< Slaves, tyc.—not to come into City from infected places, 13 33 owners liable for expenses, &c ,. v 13 33 Scuttles—to be made in building A' 22 48 Stoves—regulation.of, 22 48 Smoking, —in warehouses prohibited, 23 51 Superintendent Streets, Pumps.