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THE UNIVERSITY 
 
 OF ILLINOIS 
 LIBRARY 
 
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 MUNICIPAl 
 
 REFESENCF 
 

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 OK THE 
 
 CITY OF DAVENPORT, 
 
 REVISED AMD DIGESTED BY OEDES OP THE CITY COVKCIL, 
 
 CONTAINING 
 
 THE ORIGINAL AND AMENDED CITY CHARTERS, 
 
 With Notes and References to Judicial Decisions- 
 
 COMPILED AND ARRANGED BY 
 
 JOHN F. DILLON. 
 
 PUBLISHED BY AUTHORITY. 
 
 DAVENPORT, IOWA : 
 
 GAZETTE BOOK AND JOB PRINTING ESTABLISHMENT. 
 
 1866. 
 
Digitized by the Internet Archive 
 in 2016 
 
 https://archive.org/details/revisedordinanceOOdave 
 
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 \ S66 ‘ 
 
 PREFACE. 
 
 By resolution, of the City Council, the undersigned 
 was appointed to revise, re-arrange, codify, and index 
 the Ordinances of the City of Davenport. 
 
 lie has not deemed it his duty to question the wisdom 
 of expediency of particular ordinances. This is a mat- 
 ter which is confided by the charter to the Council, and 
 of which they, as practical men, can ordinarily form a 
 better judgment than it is possible for any single indi- 
 vidual to do. 
 
 He has deemed his duties to be chiefly of a legal nature. 
 Existing ordinances have been consolidated and re-ar- 
 ranged. In a few instances, new ordinances, on subjects 
 which appeared to require legislation, have been pre- 
 pared by the undersigned and passed by the Council. 
 
 In re-printing the charter, the subsequent amendments 
 have been incorporated into it in appropriate places, and 
 repealed portions omitted. This saves space, and is 
 believed to be an improvement and a convenience. 
 
 The notes and references to legal decisions in this and 
 other States have involved considerable labor in their 
 preparation, and it is hoped that they will be regarded 
 as worth the limited space they occupy. 
 
 The numbering of the chapters in the former Revision 
 has been retained, because it was familiar to those hav- 
 ing occasion to use the ordinances. The numbers being 
 retained has prevented an alphabetical or other classifi- 
 cation of the ordinances ; but this want of classification 
 is believed to be supplied bv the full Index which has 
 been prepared. 
 
 It would not be just in the undersigned to close 
 without testifying his respect for the patience, good 
 judgment and conscientious care which have distin- 
 
 
 *9885 
 
| PREFACE. 
 
 guished the Mayor and each member of the Council in 
 examining and passing upon the amendments reported 
 to them, and upon the new ordinances which were 
 framed under their special direction. And it will not 
 be deemed invidious to observe that the interest taken 
 from the first by the Mayor (the Hon. John L. Davies), 
 who has attended every meeting of the Council having 
 the revision under consideration, is worthy of special 
 mention, and merits the just praise and commendation of 
 the public, whose interests he has been so zealous and 
 effective in subserving. 
 
 By neither the Mayor or Council, or undersigned, is it 
 claimed that the present work is perfect : it is only 
 believed to be more so than that which it supercedes. 
 
 JM). F. H1LLOX. 
 
 Davenport, Sept., I860. 
 
 0 
 
OFFICERS OF CITY GOVERNMENT. 
 
 0 
 
 LIST OF 
 
 MAYORS AND ALDERMEN 
 
 FROM THE FIRST INCORPORATION OF DAVENPORT 
 TO TIIE PRESENT TIME.* 
 
 1839. 
 
 RODOLPHUS BENNETT, Mayor. 
 
 TRUSTEES, 
 
 A. C. Donaldson, Jonathan W. Parker, 
 
 D. C. Elclridge, John Litcli, 
 
 John Forrest, John Owens. 
 
 Frazer W ilson, Recorder. 
 
 James M. Bowling, Treasurer. 
 
 George Colt, Marshal. 
 
 1810. 
 
 JOHN II. THORINGTON, Mayor. 
 
 trustees, 
 
 John Forrest, George L. Davenport, 
 
 Jonathan W. Parker, Seth F. Whiting. 
 
 William Nichols, f 
 
 Frazer Wilson, Recorder. 
 
 James M. Bowling, Treasurer. 
 
 Wm. B. Watts, Marshal. 
 
 1811. 
 
 JONATHAN W. PARKER, Mayor. 
 
 * Part of the records of the Council is missing, and part is very meagre, and 
 this list is as full and accurate as it was possible to make it. 
 
 t Died during the year, and Council, Sept. 2, 1840, passed resolution s of respect 
 to his memory. Strong Burnell was elected his successor. 
 
6 
 
 OFFICERS OF CITY GOVERNMENT. 
 
 TRUSTEES, 
 
 Harvey Leonard, T. lx. Mills, 
 
 J. M. Witherwax. R. T. McLoskey. 
 
 Seth F. Whiting, 
 
 John Pope, Recorder. 
 
 Jas. M. Bowling, Treasurer. 
 
 Wm. B. Watts, Marshal. 
 
 1842. 
 
 HARVEY LEONARD, Mayor. 
 
 ALDERMEN, 
 
 S. F. Whiting, T. K. Mills, 
 
 Wm. McCammon, Thomas S. Hoge, 
 
 John Evans, J. M. Witherwax. 
 
 J. W. Parker, Clerk. 
 
 Jas. M. Bowling, Treasurer. 
 Gilbert B, McIvown, Marshal. 
 
 1843. 
 
 JAMES THORIXGTOX, Mayor. 
 
 ALDERMEN, 
 
 S. F. Whiting, Wm. Inslee, 
 
 Thomas Dillon, D. B. Shaw, 
 
 T. K. Mills, T. S. Hoge. 
 
 J. W. Parker, Clerk. * 
 
 John Evans, Treasurer. 
 
 J. N. Snow, Marshal. 
 
 1844. 
 
 JAMES THORIXGTOX, Mayor. 
 
 B. F. Cotes, 
 D. B. Shaw, 
 James Hall, 
 A. II. Miller, 
 
 ALDERMEN, 
 
 John II. Morton, 
 
 S. F. Whiting, 
 
 Gideon Aver ill (part of 
 term). 
 
OFFICERS OF CITY GOVERNMENT. 
 
 7 
 
 Levi Davis, Clerk. 
 
 John Evans, Treasurer. 
 
 J. N. Snoav, Marshal. 
 
 1845. 
 
 JAMES THORINGTON, Mayor. 
 
 ALDERMEN, 
 
 Jas. Hall, Timothy Diljon,* 
 
 D. B. Shaw, John H. Morton. 
 
 R. Bennett, 
 
 John Rope, Clerk. 
 
 John Evans, Treasurer. 
 
 Samuel Lyter, Marshal. 
 
 1840. 
 
 JAMES TIIORINGTON, Mayor. 
 
 ALDERMEN, 
 
 S. F. Whiting, A. A. McLoskey, 
 
 Geo. W. Alvord, Wm. S. Collins’! 
 
 John H. Morton, A. IT. Miller. 
 
 John Pope, Clerk. 
 
 Jno. Evans, Treasurer. 
 
 Sam’l Lyter, Marshal. 
 
 1 847. 
 
 JAS. M. BOWLING, Mayor. 
 
 ALDERMEN, 
 
 Cheney Munger, Jno. L. Davies, 
 
 D. C. Eldridge, 1ST. M. Rambo, 
 
 A. A. McLoskey, C. M. Peck. 
 
 Jas. Thorington, Clerk. 
 
 Jno. Evans, Marshal. 
 
 1848. 
 
 JAS. M. BOWLING, Mayor. 
 
 * Deceased during his term, and resolutions of respect to his memory passed by 
 the Council, Sept. 12, 1845. 
 
8 
 
 OFFICERS OF CITY GOVERNMENT. 
 
 ALDERMEN, 
 
 Jolm L. Davies, 
 
 Cheney Munger (part of 
 term), 
 
 Nathan M. Rambo, 
 
 Hiram Price, 
 
 John H. Morton, 
 Harvey Leonard (part 
 term). 
 
 Charles Lesslie, 
 
 Jas. Tiiorington, Clerk. 
 Jno. Evans, Treasurer. 
 Sam’l Parker, Marshal. 
 
 1849. 
 
 JONATHAN PARKER, Mayor. 
 
 ALDERMEN, 
 
 John L. Davies, James M. Bowling, 
 
 ¥m. McCammon, Wm. S. Collins, 
 
 Nath’l Squires, Sam’l Lyter. 
 
 Jas. Tiiorington, Clerk. 
 
 Jno. Evans, Treasurer. 
 
 L. J. Center, Marshal. 
 
 1850. 
 
 JAMES HALL, Mayor. 
 
 ALDERMEN, 
 
 Jas. O’Kelly, N. Squires, 
 
 Tlios. Herbert, D. C. Eldridge, 
 
 Jonathan Parker, Chas. Lesslie. 
 
 James Tiiorington, Clerk. 
 
 Jno. Evans, Treasurer. 
 
 L. J. Center, Marshal. 
 
 1851. 
 
 CHARLES WESTON, Mayor. 
 
 ALDERMEN, 
 
 N. Squires, 
 
 E. Cook, 
 
 H. Price. 
 
 IL. Leonard, 
 
 Jas. O’Kelly, 
 
 Dr. E. S. Barrows, 
 
OFFICERS OF CITY GOVERNMENT. 
 
 9 
 
 A. F. Mast, Clerk. 
 
 L. B. Collamer, Treasurer. 
 
 Patrick Courtney, Marshal. 
 
 1852. 
 
 JOHN JOB!) AN, Mayor. 
 
 ALDERMEN, 
 
 A. Weigand, John P. Cook, 
 
 H. Leonard, Hiram Price, 
 
 Nathaniel Squires, John Bechtel. 
 
 A. F. Mast, Clerk. 
 
 Wm. VanTuyl, Treasurer. 
 
 Samuel Parker, Marshal. 
 
 1 853. 
 
 JOHN A. BOYD, Mayor. 
 
 ALDERMEN, 
 
 John Wicks (part of term), Wm. Gray, 
 
 J. P. Cook, Adam Weigand, 
 
 J. Kingerlee, George G. Arndt (vice 
 
 11. Price, Wicks). 
 
 R. K. Allen, Clerk. 
 
 J. Drake, Treasurer. 
 
 Samuel Parker, Marshal. 
 
 1854. 
 
 J AMES GRANT, Mayor. 
 
 A LDERMEN, 
 
 II. Willie lini, 
 
 ( '. J. I I. Evser, 
 G. G. Arndt, 
 
 E. A. Gerdtzen, 
 Ebenezer ( Yok, 
 
 H. H. Smith, 
 
 D. P. McKown. 
 B. Atkinson, 
 Wm. Burris, 
 
 A. A. McLoskey 
 
 B. B. Woodward, Clerk. 
 L. Collamer, Treasurer. 
 
 L. J. Center, Marshal. 
 
 o 
 
10 
 
 OFFICERS OF CITY GOVERNMENT. 
 
 1855. 
 
 ENOS TIC HE NOR, Mayor. 
 
 G. C. E. Mitchell, 
 G. G. Arndt, 
 
 C. j. II. Eyser, 
 
 E. A. Gerdtzen, 
 
 A. Corbin, 
 
 I). P. McKown, 
 
 LI. Price, 
 
 E. Cook, 
 
 A. A. McLoskey, 
 
 A. II. Owens, 
 
 Geo. E. Hubbell, (part of 
 term,) 
 
 J. Lambrite, 
 
 S. Saddoris. 
 
 B. B. Woodward, Clerk. 
 
 Wm. Yan Tuyl, Treasurer. 
 Sam’l Parker, Marshal. 
 
 1 85b. 
 
 G. C. R. MITCHELL, Mayor. 
 
 John Scliutt, 
 James O’Brien, 
 C. J. LI. Eyser, 
 A. Smalltield, 
 Austin Corbin, 
 Jas. M. Bowling', 
 H. Price, 
 
 Jno. Eorrest, 
 
 W. S. Kinsey, 
 
 ALDERMEN, 
 
 S. K. Barkley (part of 
 term), 
 
 W. S. Collins (part of 
 term), 
 
 S. Saddoris, 
 
 J. Lambrite (part of 
 term), 
 
 T. S. Fullam (part of 
 term), 
 
 Wm. Hall, Clerk. 
 
 Sam’l Sylvester, Treasurer. 
 Jno. II. Taylor, Marshal. 
 
 1857., 
 
 GEO. B. SARGENT, Mayor. 
 
 Jno. M. Cannon, 
 
 aldermen, 
 
 John Forrest, 
 
OFFICERS OF CITY GOVERNMENT. 
 
 1] 
 
 Edw. Jennings, 
 
 Aug. Smallfield (part of 
 term), 
 
 T. Guelich (part of term), 
 II. Hamming, 
 
 Jas. M. Bowling, 
 
 F. Yollstedt, 
 
 E. 8. Barrows (part of 
 term), 
 
 J. 0. Washburn (part of 
 term), 
 
 A. Le Claire (part of 
 term), 
 
 (feo. E. Hubbell (part of 
 term), 
 
 J. O’Brien, 
 
 1. II. Sears, 
 
 Wm. Guv. 
 
 E. Peck, Clerk. 
 
 Sam’l Sylvester, Treasurer. 
 II. W. Mitchell, Marshal. 
 
 1858. 
 
 EBENEZER COOK, Mayor. 
 
 ALDERMEN, 
 
 J. M. Cannon, 
 
 I. P. Coates, 
 
 T. Gnelich, 
 
 II. Ramming, 
 
 A. Corbin (part of term), 
 Jas. McIntosh, 
 
 J. Washburn, 
 
 T. H. Morley, 
 
 Geo. E. Hubbell, 
 
 J. O’Brien, 
 
 I. II. Sears, 
 
 Rob’t Christie, 
 
 H. II. Andressen (part of 
 term), 
 
 Jas. Thorington (part of 
 term ). 
 
 II. Kilbourn, Clerk. 
 
 L. Schricker, Treasurer. 
 Jno. Bechtel, Marshal. 
 
 1859. 
 
 EBEKEZER COOK, Mayor, (part of term.) 
 IIIRAM PRICE (balance of term.) 
 
 T. F. Holmes, 
 
 G. P. Ankers on, 
 II. Ramming, 
 
 11. B. Evans, 
 
 ALDERMEN, 
 
 H. II. Andressen, 
 Rob’t Christie, 
 
 J. O’Brien, 
 
 I. P. Coates, 
 
n 
 
 OFFICERS OF CITY GOVERNMENT. 
 
 *L A. Le Claire, 
 
 C. A. Havilaiid, 
 
 T. II. Morlev, 
 
 L. C. Burwell 
 
 J. McIntosh (part of 
 term), 
 
 S. Saddoris (part of term). 
 Clerk. 
 
 1 860 . 
 
 JAN. B. CALDWELL, Mayor. 
 
 ALDERMEN, 
 
 H. Weiner t, 
 II. 8. Finley. 
 T. Guelich, 
 
 B. Peters, 
 
 C. 8. Ells, 
 
 •J. O’Brien, 
 
 J. Coulthart, 
 
 II. Hamming, 
 
 C. A. Havilaiid, 
 J. A. Le Claire, 
 II. B. Evans. 
 
 II. Mittelbl sen er. Clerk. 
 
 1 SOI. 
 
 GEO. II. FRENCH, Mayor. 
 
 ALDERMEN, 
 
 J no. 8chmidt, 
 
 Th. Guelich (part of 
 term), 
 
 Cli. Kauffman (part of 
 term), 
 
 Marsh Noe, 
 
 H. Ramming (part of 
 term), 
 
 P. J. Gillett, 
 
 Wm. Glasman (balance 
 of term), 
 
 Geo. L. Davenport, 
 
 J. A. Le Claire, 
 
 J. C. Parker, 
 
 Win. Ren wick, 
 
 J. Coulthart, 
 
 B. Peters, 
 
 H. Weinert. 
 
 II. Mittelbuscher, Clerk. 
 1862. 
 
 GEORGE II. FRENCH, Mayor. 
 
 ALDERMEN, 
 
 8. G. Mitchell, Marsh Noe, 
 
 John Schmidt (part of G. W. McCarn, 
 term), Geo. L. Davenport, 
 
OFFICERS OF CITY GOVERNMENT. 
 
 13 
 
 Edward J ennings (bal- 
 ance of term). 
 
 Francis Ochs, 
 
 Win. Glasman, 
 
 Henry Lam bach (part of 
 term), 
 
 John Wunderlich, (bal- 
 ance of term), 
 
 Victor Huot, 
 
 J. A. LeClaire (part of 
 term), 
 
 WY Kelly (balance of 
 term), 
 
 J ames Ominingham, 
 Wm. Ren wick. 
 
 Thos. Dermody, Clerk (part of term). 
 Henry Mittelbuscher, (balance of term). 
 
 1803. 
 
 JOHN E. HENRY, Mayor. 
 
 al: 
 
 Ernst Olaussen, 
 
 J Coulthart, 
 
 Jas. Cunningham, 
 
 Geo. L. Davenport, 
 Samuel Hirschl, 
 
 Victor Huot, 
 
 W. G. Jones, 
 
 S. G. Mitchell, 
 
 Geo. W. McCarn, 
 
 Marsh Noe, 
 
 Francis Ochs (part of 
 term), 
 
 H. H. Andressen (part 
 of term), 
 
 J. Wunderlich. 
 
 II. Mittelbuscher, Clerk. 
 
 1864. 
 
 ROBERT LOWRY, Mayor. 
 
 ALDERMEN, 
 
 G. M. Matthes, 
 
 Samuel Hirschl, 
 
 H. H. Andressen, 
 
 E. Claussen (part of term), 
 E. Tegeler (part of term), 
 Henry A. Runge, 
 
 Marsh Noe, 
 
 John Hornby, 
 
 Geo. L. Davenport, 
 M. C. Davis, 
 
 W. G. Jones, 
 
 M. K. Parks, 
 
 J. Coulthart. 
 
 Ch. Kauffman, Clerk. 
 
 1865. 
 
 JOHN L. DAVIES, Mayor. 
 
14 
 
 OFFICERS OF CITY GOVERNMENT. 
 
 ALDERMEN, 
 
 0- H. Lage, 
 
 G. M. Mattlies, 
 
 H. H. Audi •essen, 
 
 Carl Tegeler, 
 
 H. A. Runge, 
 
 T. W. McClelland (part 
 of term), 
 
 Marsh Noe (balance of 
 term), 
 
 J. W. Crainpton, 
 
 John Hornby (part o 
 term), 
 
 Jno. S. Seymour (bal 
 ance of term), 
 
 W. C. Jones, 
 
 M. C. Davis, 
 
 J ames Coultliart, 
 
 H. Shiley. 
 
 Ch. Kauffman,* A. C. Billon, Clerks. 
 W. A. Remington, Treasurer. 
 
 Wm. Pool, Marshal. 
 
 186 d. 
 
 JOHN L. DAVIES, Mayor. 
 
 ALDERMEN. 
 
 C. H. Lage, 
 
 G. M. Matthes, 
 
 H. H. Andr essen, 
 
 N. Kuhnen, 
 
 A. Warnebold, 
 Marsh Noe, 
 
 John S. Seymour, 
 
 O. S. McNeil, 
 
 M. C. Davis, 
 
 W. G. Jones, 
 
 J. Coultliart, 
 
 J. M. Frizzell. 
 
 D. B. Nash, Clerk. 
 
 W. A. Remington, Treasurer. 
 Wm. Pool, Marshal. 
 
 * Deceased during term, and resolutions of respect passed by Council. 
 
INTRODUCTION. 
 
 HISTORICAL SKETCH 
 
 OF THE 
 
 Origin, Development and Value of Municipal Corporations. 
 
 BY .TNO. F. DILLOX. 
 
 The agency of boroughs, towns and cities in the cre- 
 ation of the third estate ; that is, of the right of the 
 people to exercise political power, though not always 
 recognized, has nevertheless been most important. 
 Modern civilization, with its characteristic features of 
 Order, Justice, Security and Popular Government, is 
 largely due to the establishment of boroughs, towns 
 and cities. 
 
 This subject has occupied the attention of some of the 
 most gifted minds of the present day — Guizot, Miche- 
 let, Sismondi, and others — to whose pages we refer for 
 a full and detailed discussion. 
 
 We propose briefly, in this introduction, to refer to 
 the origin of cities, and to the powers, privileges and 
 jurisdiction with which they are, in modern times, 
 invested, noting the distinctive character of our Amer- 
 ican municipal corporations. 
 
 Babylon, Phoenicia, and Egypt were long and early 
 noted for their large and splendid cities ; but amid their 
 magnificent remains — the remains of the world’s earliest 
 
INTRODUCTION. 
 
 16 
 
 civilization — we find no evidence of their municipal 
 history and organization; but we do find enough to 
 teach us that they were the seats and centres of great 
 wealth and power in the hereditary governing class, 
 and that the people^ who constitute the true wealth of 
 modern cities, were at the absolute disposal of their 
 masters, bound down and degraded by servitude. 
 
 “ Monarchs and conquerors there 
 Proud o’er prostrate millions trod — 
 
 The earthquakes of the human race, 
 
 Like them, forgotten when the ruin 
 That marks their shock is past.” 
 
 The political power of Greece resided, not in inde- 
 pendent States, as is often supposed, but in a large num- 
 ber of free and independent cities, with districts of 
 country attached to them. Each city was sovereign, 
 and a citizen of one was a foreigner in the others. 
 Accordingly the Grecian heart always glowed with fer- 
 vor for his city, but rarely, except in times of great 
 common danger, kindled with a love for Ins whole 
 country. 
 
 Municipal corporations were familiar to the Roman 
 law. “ Ancient Rome, with her surrounding country.*’ 
 says Dr. Liddell, (Rome, Cli. 27, Sec*. S,) u was a great 
 corporate bodv or community, holding sovereignty over 
 the -whole of Italy” and the provinces. 
 
 Civic communities were divided into prefectures, 
 municipal towns, and colonies. 
 
 Prefectures were governed by Prelects, and had no 
 power of self-government. But in Municipal towns the 
 citizens were members of the whole State, but retained 
 the right of local administration in matters not concern- 
 ing the State at large. 
 
 Colonies erected cities and these were called munici- 
 pia . And Guizot justly observes that the history of 
 the conquest of the world by Rome is the history of the 
 conquest and foundation of a vast- number of cities."' 
 
 M, G-uizot’a Hist. Civ. Europe, 42. 
 
INTRODUCTION. ] 7 
 
 These cities secured wliat the Roman arms had 
 achieved, and thus became the efficient means of spread- 
 ing civilization throughout the Roman world. 
 
 Coming down to the Middle Ages, we may observe 
 that the establishment of the feudal system worked a 
 oreat change in the condition of the towns. Before 
 
 O O 
 
 that these were the centers of wealth and population : 
 the ruling class lived within them. After feudalism 
 was established, the lords of the land lived in the 
 country upon their estates. The town became part of 
 the land of the lord, and subject to his despotic author- 
 ity, oppression and pillage. But still the towns grew 
 in size and wealth, and with these came influence and 
 power. 
 
 The eleventh and twelfth centuries are distinguished 
 by the struggles of the towns for their enfranchise- 
 ment — for charters granting them rights and privileges. 
 
 The effect of this successful municipal struggle and 
 enfranchisement has been well stated by the eloquent 
 historian of the Emperor Charles the Fifth. Says Dr. 
 Robertson, treating of this subject : u The forming of 
 
 cities into communities, corporations, or bodies politic, 
 and granting them the privilege of municipal jurisdic- 
 tion, contributed more, perhaps, than any other cause to 
 introduce regular government, police and arts, and dif- 
 fuse them over Europe.”* 
 
 Of a similar opinion is a distinguished statesman 
 and philosophic thinker of our own day, who considers 
 the establishment of boroughs or towns as one of the 
 three fundamental elements and agents of modern 
 European civilization. f 
 
 The history of the Italian cities, Venice, Genoa, and 
 Pisa, showing the manner in which they acquired their 
 exemption from feudal oppression, is a most interesting 
 theme, but one upon which it would scarcely be proper 
 
 * 1 Charles V, Sec. 1, and see 2 Kent Com., 271, note ; 1 Hall. Midd. Ag., 665. 
 803 ; The People v. Morris, 13 Wend., 325, 334, per Nelson, J. 
 t M. Guizot Hist. Civil. Europe, Sec. 7 ; Hazlett’s Trans. Bond’s Ed., p. 125. 
 
INTRODUCTION. 
 
 here to dwell. So in France and other countries cities 
 in the Middle Ages, obtained charters protecting them 
 from feudal bondage, and securing them privileges more 
 or less important.* 
 
 The conquest of England by William of Normandy 
 was in A. D. 1066. The towns and cities were under 
 the uncertain protection of the king or lord. Composed 
 as they were of tradesmen and the lower classes, they 
 were regarded by their feudal masters as having no 
 political and few civil rights. 
 
 London was incorporated A. I). 1100 to 1125 (precise 
 date not known), obtaining the right to choose certain 
 local officers ; but the right of local self-government was 
 not in general conferred upon towns, boroughs, etc., 
 until the time of King John, A. I). 1199 to 1216.f 
 
 Into the history of the growth of English towns and 
 municipalities and of their acquisition of political 
 power — of the grant of royal charters designed to check 
 the power of the nobility — of the arbitrary proceedings 
 of Charles II to obtain control over the corporations by 
 depriving them of their charters through compliant 
 judges — of the similar proceedings by quo warranto and 
 scire facias against Massachusetts, Rhode Island, and 
 Connecticut — of the restoration of the charters and 
 chartered privileges under William and Mary, (A. II. 
 1690), we cannot enter, and merely cite the reader to 
 some of the sources of information concerning these 
 interesting subjects.^. 
 
 All of our American cities, towns and counties are 
 public corporations, full or quasi. They are all created 
 by the legislature, and are usually endowed with power 
 to legislate upon, decide and control local and subordi- 
 nate matters pertaining to their respective organizations. 
 
 The number and freedom of these local organizations, 
 
 * Guizot Hist. Civ. France, Sec. XIX ; Hallam Mid. Ag., Ch. IV : Frescott 
 Hist. Fred, and Isabella, Introduction, Sec. 1, p. xlvii. 
 
 1 4 Hall Mid. Ag., Ch. S. 
 
 ■ Id. Vol. 3, Ch. 8 ; Hume Eng., Vol. 1, App. II ; 3 Hall. Const. Hist., 5*2 ; 
 Welle, on Munlc. Corp., S ; 3 Macauley’a Eng., Ch. 15.. 
 
INTRODUCTION. 
 
 19 
 
 whereby political power is conferred upon the citizens 
 of the various local sub-divisions of a State, all of whom 
 have a right to vote, and thus regulate their own domes- 
 tic concerns, constitute a marked feature in our free 
 system of government/* In general, each road-district, 
 each school-district, each city, and each county, is self- 
 governed. These are, of course, subject to the legisla- 
 ture of the State, and their acts, so far as they atfect 
 private rights, are also the subjects of judicial cogni- 
 zance and review. The policy of creating local public 
 corporations for the management of matters of local 
 concern, runs back to an early period in our colonial 
 history. 
 
 The elective franchise in these u local republics” is 
 not, as is frequently the case in England, a privilege 
 dependent upon custom or usage, or confined to a select 
 class ; but is uniform and universal, extending to all 
 of the citizens. Old Sarums and rotten boroughs are 
 unknown. 
 
 The effect of tins policy of establishing cities, towns, 
 and districts of country into bodies politic and invest- 
 ing the citizens thereof with the power of self-govern- 
 ment, lias been most happy. 
 
 It has been noted by Chancellor Kent that one of the 
 most philosophic and fair of foreign observers (M. I)e 
 Tocqueville, in his De la Democratie en Amerique, vol. 
 1, pp. 6-1, 96), was much struck with the institutions of 
 New England towns; and considered them as small 
 independent republics in all matters of local concern, 
 and as forming the principle of the life of American 
 liberty existing at this day.f 
 
 . “ Local assemblies of citizens constitute the strength 
 of free nations. Municipal institutions are to liberty 
 
 * “ In all quasi corporations, as cities, towns, parishes, school-districts, member- 
 ship is constituted by living within certain limits.” Per Shaw O. J., Overseer of 
 Poor, &c.„ v. Sears, 22 Pick., 222, 130 “When a man,” says Mr. Justice Morton, 
 Oakes v. Hill, 10 Pick., 333, 346, “removes into town, he becomes a citizen thereof. 
 Of possessed of the requisite qualifications as to age &c., and if he remains the 
 requisite length of time), whatever may bn the desire of himself or the town.” 
 t 2 Kent. Comm., 275 n. 
 
INTRODUCTION. 
 
 20 
 
 what primary schools are to science ; they bring it within 
 the people’s reach, they teach men how to use and how 
 to enjoy it. A nation may establish a system of free 
 government, but without the spirit of municipal insti- 
 tutions it cannot have the spirit of liberty.”* 
 
 The value of our system of municipal institutions to 
 which we have thus alluded may be seen on comparing 
 the political condition of the United States with that of 
 the people of modern France — selected as a fair exam- 
 ple of a government without municipal freedom. 
 France is at present a highly centralized government. 
 The State there is everything ; the people, nothing. 
 Municipal institutions with a democratic element, or 
 with the power of independent local self-government, 
 belong there to the past. 
 
 The central power governs and regulates everything. 
 It provides amusements, constructs roads, bridges, in- 
 ternal improvements, controls trade, inspects manufac- 
 tures — the only agency of the people is the poor privi- 
 lege of paying the expense. 
 
 The effects of this system are thus stated in an able 
 article published in the London Morning Chronicle , 
 August, 1851. “Develop in the slightest degree a 
 Frenchman’s mental faculties, and he flies to a town as 
 surely as steel filings fly to a loadstone. From all 
 parts of France men of great energy and resource strug- 
 gle up and fling themselves on the world of Paris. 
 There they try to become great functionaries. Through 
 every department of the Eighty-four, men of less energy 
 and resource struggle up to the provincial capital. All 
 who have, or think they have heads on their shoulders, 
 struggle into town to fight for office which the govern- 
 ment alone can confer. The whole energy and knowl- 
 edge and resource of the land are barreled up in the 
 towns — all between towns is utter intellectual barren- 
 ness.” 
 
 * M. De Tocqueville Democ, en Am., ch. 5. 
 
INTRODUCTION. 
 
 21 
 
 Such are the withering effects of a centralized des- 
 potism. 
 
 How different with the decentralized system of gov- 
 ernment in the United States, where each local con- 
 stituency chooses its own officers — each road district, 
 school district, village, town, city, and county adminis- 
 ters its own affairs by the people and for the people.* 
 To civil territorial divisions, with powers of local ad- 
 ministration and the universal exercise of the right of 
 suffrage, are due that liberty and protection to private 
 rights and property which are characteristic of the best 
 government in Europe (Great Britain), and the best in 
 America — the United States. 
 
 After alluding to the antiquity of this system in 
 England, Mr. Justice Brown in the important case of 
 The People v. Draper (15 U. Y. Bep. 532, 562) says : 
 u Wherever the Anglo-Saxon race have gone, wherever 
 they have carried their language and laws, these com- 
 munities, each with a local administration of its own 
 selection, have gone with them. It is here that they 
 have acquired the habits of subordination and obedience 
 to the laws, of patient endurance, resolute purpose and 
 knowledge of civil government, which distinguish them 
 from every other people. Here have been the seats of 
 modern civilization, the nurseries of public spirit, and 
 the centres of constitutional liberty. They are the op- 
 posites of those systems which collect all power at a 
 common centre, to be wielded by a common will, and 
 to effect a given purpose, which absorb all political au- 
 thority, exercise all its functions, distribute all its 
 patronage, repress the public activity, stifle the public 
 voice, and crush out the public liberty.” 
 
 u The city corporations,” remarks a modern jurist, 
 “ which have grown up in modern times, are of infinite 
 advantage to society ; they bind men more closely 
 together than does any other form of political associa- 
 tion. But that, which most remarkably distinguishes 
 
 *9ee Barrett v. Brooke, 19 Iowa Rep. 
 
22 
 
 INTRODUCTION. 
 
 them from the close corporations which formerly existed, 
 is the general spirit of freedom which has been breathed 
 into them. More especially is this the case with town 
 corporations in America, which are as different from 
 those of England as the latter are from similar corpora- 
 tions in Scotland and Holland.”* 
 
 But the picture is not without its shadows. There 
 are evils that are either inherent in our public corpora- 
 tions, or which so generally attend their administration 
 as to favor the proposition that they are inherent, which 
 greatly detract from their value. Some of the principal 
 of these may be briefly indicated. 
 
 1. Men the best fitted by their intelligence, business 
 experience and capacity, and their high moral character 
 for local governors or counselors, are not always chosen. 
 
 2. Those chosen are too apt to merge their individ- 
 ual conscience in their corporate capacity. Under the 
 shield of their corporate capacity, men daily do acts 
 which they would never do as individuals. The public, 
 as if to retaliate, act towards corporations in the same 
 spirit. The notion, though not avowed, is by far too 
 much acted upon, that all that can be|obtained from a 
 public, or indeed from any corporation, is legitimate 
 spoil. Against these, men usually honest and fair in 
 their dealings, do not scruple to make charges and to 
 present bills which they would never think of doing 
 against an individual debtor. 
 
 3. As a result of these circumstances, the adminis- 
 tration of the affairs of our municipal corporations is 
 too often apt to be both unwise and extravaganitfi 
 
 But with all these drawbacks, our system of popular 
 
 * Per Grimke J., in Rosebaugh v. Salfin, 10 Ohio, 31, 30. 
 
 These effects are not confined to this side of the Atlantic. ‘ It is a familiar 
 fact,” says Mr. Herbert Spencer, “that the corporate conscience is ever inferior 
 to the individual conscience — that a body of men will commit, as a joint act. that 
 which every individual of them wou’d shrink from did he feel personally responsi- 
 ble.” Essas, No. VII, y. 261, Am. Ed., 1S65. And see Id. Essay No. V for a 
 description— perhaps too highly colored— of the workings of the English reformed 
 municipal corporations. 
 
INTRODUCTION. 
 
 23 
 
 municipal organization and administration must, on the 
 whole, lie admitted to he the best that has ever been 
 devised. Any other conclusion would be equivalent to 
 declaring that absolutism was better than democracy ; 
 that the few ought to govern the many ; that the people 
 are incapable of self-government; and that a represen- 
 tative system of government was a failure. 
 
24 
 
 LIST OF ACTS INCORPORATING DAVENPORT. 
 
 LIST OF ACTS INCORPORATING DAVENPORT. 
 
 1 . Davenport was first incorporated by an act of the 
 Legislature approved January 25, 1839, and entitled 
 “An act to incorporate the town of Davenport.” 
 
 2. This act was repealed by an act passed February 
 11, 1842, also entitled “An act to incorporate the town 
 of Davenport.” The vote of the citizens of the town 
 was 72 for and 10 against the adoption of the charter of 
 February 11, 1842. (See city records, March 14, 1842.) 
 
 3. And this last act was itself repealed by “An act 
 to incorporate the city of Davenport,” approved Febru- 
 ary 5, 1851, which, with the amendments thereto, 
 passed January 24, 1853 (extending limits), January 
 22, 1855, and January 23, 1857, constitute the present 
 organic law of the city. The original charter, with the 
 amendments incorporated therein, is herewith printed. 
 
 4. On the 20th March, 1858, passed another act 
 amendatory of the city charter (see Chapter 88 Laws 7 
 General Assembly), but this whole act was decided by 
 the Supreme Court to be unconstitutional, on the ground 
 that under the present constitution city charters cannot 
 be amended by a special act. (Ex parte Fritz , 9 Iowa 
 Iiep. p. 30.) 
 
CITY CHARTER 
 
 AND 
 
 AMENDMENTS.* 
 
 A~N ACT to incorporate tlie City of Davenport, ap- 
 proved February 5, 1851. 
 
 ARTICLE I. 
 
 OF THE BOUNDARIES AND GENERAL POWERS. 
 
 Section 1. Be it enacted by the General Assembly 
 of the State of Iowa , That the inhabitants of the town incorporating 
 
 * clfltlSG 
 
 of Davenport, in the county of Scott, and State of Iowa, 
 
 . he, and they are hereby constituted a body politic and 
 corporate, by the name and style of the “ City of Da- 
 venport,” and by that name shall have perpetual suc- 
 cession, and may have and use a common seal, which SeaI - 
 they may change and alter at pleasure. 
 
 [The existing boundaries of the city are those pre- 
 scribed by the amendment to the City Charter approved 
 
 * Explanation.— In this re-print of the Charter, the articles and sections are 
 those of the original charter, except where the contrary is indicated. 
 
 Organic Law op City.— The general law entitled “An Act for the incorpora- 
 tion of Cities and Towns,” (Rev., Ch. 51/ Art. 1), does not, except as therein 
 specially provided, apply to cities such as Davenport, which owe their corporate 
 existence to special charters, and which have never adopted the general law. 
 
 Burke v. Jeffries, 19 Iowa Rep., overruling Whiting v. Mount Pleasant , 11 Iowa 
 Rep., 482. 
 
 Therefore, the city charter and its amendments constitute the organic law of the 
 city of Davenport, together with certain general statutes which are made specially 
 applicable to cities having special charters. Municipal corporations are at all 
 times subject to legislative control : their powers may be enlarged or taken away 
 at the pleasure of the legislature. 
 
 Morford v. Unger , 7 Iowa Rep., 82 ; Birchard v. Bissell, 11 Ohio St. R., 96. 
 
CITY CHARTER AND AMENDMENTS. 
 
 Boundai-ies of 
 the city. 
 
 Additions to 
 plat. 
 
 26 
 
 January 23, 1857, and are set forth in Section 2, next 
 below printed.] 
 
 Sec. 2. That all that district of country embraced 
 within the following boundaries be, and the same is 
 hereby declared to be within the limits of the said city 
 of Davenport, to-wit : Beginning in the middle of the 
 main channel of the Mississippi river, due south of the 
 central or half section line of section number thirty, in 
 township seventy-eight, north of range four east ; thence 
 north along said central line to the line between sections 
 nineteen and thirty ; thence west along said section 
 line, and the southern boundary line of section twenty- 
 four, in township seventy-eight, north of range three 
 east, to a point due north of the north-east corner of the 
 tract of land reserved by the Government of the 
 United States, and donated to Antoine Le Claire, and 
 known as Le Claire’s Reserve, in said township seventy- 
 eight, north of range three east ; thence north to the 
 east and west central, or half section line of section 
 twenty-four, in said last mentioned township ; thence 
 west on said central, or half section line, to the north- 
 west corner of the south-west quarter of section twenty- 
 three ; thence south to a point half way between said 
 corner and the south-east corner of section twenty-two ; 
 thence west to the western boundary line of said south- 
 east quarter of section twenty-two ; thence south to the 
 county road, known as the telegraph road ; thence 
 westerly along the north side of said road to the section 
 line between sections twenty-seven and twenty-eight ; 
 thence south to the south-west corner of the north-west 
 quarter of section thirty-four ; thence east to the south- 
 east corner of said quarter section ; thence south to the 
 middle of the main channel of the Mississippi river, and 
 thence up and along the middle of the main channel 
 thereof to the place of beginning. 
 
 Sec. 3. The tracts of land laid off into town lots, 
 and duly recorded as required by law for the recording 
 of “ town plats ” adjoining said town, or whenever any 
 tract of land adjoining the city of Davenport shall have 
 
CITY CHARTER AND AMENDMENTS. 
 
 27 
 
 been laid off, or shall hereafter be laid off into town 
 lots, and duly recorded as required by law, the same 
 shall be annexed to, and form a part of the city of 
 Davenport. 
 
 [The amendment of the City Charter approved Jan- 
 uary 24, 1853, and still in force, contained a similar 
 provision, in the following language :] 
 
 Tracts of land laid off into town lots adjoining to the 
 present boundaries of said city, shall be a part of said 
 city, whenever the same are duly recorded as required 
 by law\ (Sec. 2 Act January 24, 1853.) 
 
 [And the amendment to the City Charter approved 
 January 22, 1855, and still in force, contains, also, the 
 following provisions respecting the platting and laying 
 off lots within the limits prescribed by that amend- 
 ment.*] 
 
 In platting and laying off lots within the limits afore- width of street 
 said, the proprietors thereof shall make the streets at and alleys ' 
 least eighty feet wide, and the alleys at least twenty 
 feet wide, and every individual or company owning 
 within the above described limits forty acres, or more, 
 in any one body, shall, in laying it. out into blocks or 
 lots, lay off at least one public square, to contain not Public square, 
 less than two and three-fourths acres of land ; said pub- 
 
 *For the former boundaries of the city under the amended charter of Jan. 22, 
 1855, see Revised Ordinances of 1862, p. 192 ; and General Laws of the State, acts 
 of 5th General Assembly, p. 83. 
 
 Action of City Council. — The following is an extract from the records of the 
 City Council, Sept. 7, 1864 : 
 
 “ The committee on public grounds and buildings offered the following report : 
 
 “ To the City Council of the City of Davenport , in Council assembled : 
 
 “ Your committee, to whom was referred the matter of the additions to the city 
 of Davenport, on the amended charter of 1855, respectfully report : 
 
 “ They have examined nearly all the plats of additions recorded since the amend- 
 ment of the charter, and they find that the charter, in respect to the provision 
 requiring streets to be of the width of eighty feet, has been almost universally dis- 
 regarded. Your committee has examined about twelve of the most important of 
 the additions to the city, no one of which has the streets of the required width. 
 
 “ Your committee are of the opinion that it is inexpedient to attempt now to 
 widen the streets on the plats of additions heretofore recorded so as to make them 
 the width of eighty feet. 
 
 “ D. L. SHOREY, 
 
 City Attorney. 
 
 •‘Adopted. 1 
 
 JOHN HORNBY, 
 M. NOE. 
 
CITY CHARTER AND AMENDMENTS. 
 
 28 
 
 lie squares to be enclosed and ornamented similar to 
 other public squares in said city, by the city authorities, 
 within three years after the laying out and recording 
 the same. (Sec. 2 Act January 22, 1855.) 
 
 Sec. 4. The inhabitants of said city, by the name 
 
 ?a!e powers. rP °' and St J le aforeSaid 5 shall have power to SHE AND BE 
 
 sued, to implead or be impleaded, defend and be de- 
 fended, in all courts of law and equity, and in all 
 actions whatever, to purchase, receive and hold pro- 
 perty, both real and personal and mixed in said city ; 
 to purchase, receive and hold property, both real, per- 
 sonal, and mixed, beyond the city, for burial grounds, 
 or for other purposes, for the use of the inhabitants of 
 said city ; to sell, lease, convey or dispose of property, 
 real, personal and mixed, for the benefit of the city ; 
 and to improve and protect such property, and to do all 
 other things in relation thereto as natural persons.* 
 
 * General Powers op Corporation— How Determined.— It is a general and 
 undisputed proposition of law, that a municipal corporation possesses the follow- 
 ing powers, and no other : 
 
 1. Those which are granted to it in express words ; 
 
 2. Those necessarily incident to the powers expressly granted ; and 
 
 8. Those essential to the objects and purposes of the corporation— not simply 
 convenient, hut essential. (12 Cush., 103, 105). 
 
 The charter or incorporating act is the organic law of the eity. The Council 
 can do nothing not authorized thereby. If it does, it transcends its powers, and the 
 city is not bound. Much less can the council exercise any power which is pro- 
 hibited. The rule above laid down, if well studied, will afford a guide to deter- 
 mine the power of the corporation. When it is proposed to do an act or pass an ordi - 
 nance, let the inquiry be made, is the power given in express words ? If not, is it 
 necessarily and fairly incident to a power which is expressly given ? or, is it essen- 
 tial to the objects and purposes of the corporation ? Any doubt as to the existence 
 of a power is resolved by the courts against the city. Consult on this subject, 
 Clark v. City of Des Moines t 18 Iowa Rep. ; Clark , Dodge # Co. v. City of Daven- 
 port , 15 Iowa, 494 ; Mintum v. Lane , 23 How U. S. Rep., 486 ; 7 Ohio, pt. 2, p. 31, 
 35 ; 18 id., 523. 
 
 Property Rights of City— Distinction.— Art. 1, Sec. 4, gives the city full 
 power to buy, or to receive by will or gift, all kinds of property, for any purpose 
 not foreign to the objects and purposes of the corporation. 15 How., 367 ; 5 Ind., 
 334; 15 N. H., 331 ; 3 Pick., 232, 238 ; 13 Mass., 371, 378. But in relation to this 
 power, it is to be observed that a municipal corporation has rights of two distinct 
 classes. It has a right to property which it may own, and with respect to these 
 rights the corporation is likened to an individual property owner. It may acquire , 
 hold, and convey such property the same as natural persons. Reynolds v. Stark 
 Co ., 5 Ohio Rep., 204; 5 Ohio St. R., 113. But this does not apply to streets, 
 squares, &c., held by the corporation in trust for the whole community : these can- 
 not be sold or alienated by the corporation. 
 
 The rights of the corporation as a property-holder are distinct from the legisla- 
 
CITY CHARTER AND AMENDMENTS. 
 
 29 
 
 ARTICLE II. 
 
 OF THE CITY COUNCIL. 
 
 Section 1. There shall be a City Council, to consist council, 
 of a Mayor and Board of Aldermen.* * 
 
 Sec. 2. The Board of Aldermen shall consist of two 
 members from each ward, to be chosen by the qualified 
 voters, for two years. 
 
 Sec. 3. Ao person shall be an Alderman, unless at Qualification of 
 the time of his election a citizen of the United States, 
 six months a resident of the State of Iowa, over the age 
 of twenty-one years, and resident three months within 
 the limits of said city. If any Alderman shall, after 
 his election, remove from the ward for which he is from 
 
 elected in said city, his office shall be thereby vacated ; 
 at the first meeting of the City Council, the Aldermen 
 
 live rights of the corporation. These latter rights are inalienable ; and a corpora- 
 tion has no power, as a party, to make contracts which shall control or embarrass 
 its legislative powers and duties. 
 
 Mayor v. Second Av. R. R. Co., 32 N. Y. Rep., 261 ; Debait v. Ins. Co., 1 Ohio 
 St. R, 564 ; 3 id., 678 ; per Bartley J., dissenting, 5 id., 375 ; Davis v. The Mayor , 
 #c,, 14 N. Y., 506, 532, (Broadway horse railroad case) ; 5 Cow., 538; 7 id., 5S8; 31 
 Pa. St. R., 175; 23 Wend.. 277; 1 Hilt., 562, 568; 1 Hill., 545; compare 3Duer, 119; 
 14 N. Y., 506 ; 25 Wend. 62S. 
 
 Judgments not Liens on City Property. — A judment against the city is not 
 a lien upon property which it owns for general public purposes— such, for exam- 
 ple, as a city hall, city hospital, and the like, and such property is not subject to 
 levy and sale on execution against the city. 
 
 City of Davenport v. Peoria Ins. Co., 17 Iowa Rep., 276; Rev. I860, Sec. 3274. 
 
 * Validity of Corporate Meetings— Quorum Defined, &c.— By this section 
 the Council “consists of a Mayor and Board of Aldermen.” The Board consists of 
 twelve members. A majority of the Council constitutes a quorum. (Art. 2 
 Sec. 4). The general rule of law is, “that a majority must be present to consti- 
 tute a quorum, and then a majority of the quorum may decide.” 2 Kent Com., 
 298. Mr. Dane illustrates the rule thus : “ If the charter requires twelve Coun- 
 cilmen to do an act, seven of them at least must be present, though four of the 
 seven may give the vote,” &c. 5 Dane Abr., 150 ; and see Buell v. Buckingham, 16 
 Iowa Rep., 288, 291, and cases there cited ; Exparte Strahl , 16 Iowa Rep., 369, and 
 dictum on page 376. Under this rule will the Mayor (who only votes in case of a 
 tie) and six Aldermen, being seven, (a majority of thirteen,) constitute a legal Coun- 
 cil ? This is doubtful ; and for safety sake, a Council should do no business unless 
 seven Aldermen be present. A majority of seven, or four, may then pass an ordi- 
 nance or do any valid act. The provision of the new constitution (Art. 8, Sec. 7) 
 requiring the assent of a majority of all the members of each branch of the Gen- 
 eral Assembly to pass a bill, does not apply to municipal corporations or alter the 
 law applicable thereto, as it is above stated. See also Coles v. Trustees , fyc., 10 
 Wend., 658; Exparte Wilcox ,7 Cew.,402; id. 463,note. Nature of office of Mayor 
 and his functions and duties discussed Achley’s case, 4 Abb. Pr. Rep-, 35. 
 
CITY CHARTER AND AMENDMENTS. 
 
 Classes. 
 
 Judge of Elec- 
 tions. 
 
 Quorum. 
 
 Rules . 
 
 Expulsion. 
 
 Journal. 
 
 Ayes and nays 
 
 Vacancies. 
 
 Oath of office. 
 
 30 
 
 shall be divided by lot into two classes, the seats of 
 those of the first class shall be vacated at the expiration 
 of the first year, and of the second class at the expira- 
 tion of the second year, so that one-half of the Board 
 shall be elected annually.* 
 
 Sec. 4. The City Council shall judge of the quali- 
 fications, elections, and returns of tiieir own members, 
 and shall determine all contested elections. *1* A ma- 
 jority of the City Council shall constitute a quorum to 
 do business, but a smaller number may adjourn from 
 time to time and compel the attendance of absent mem- 
 bers, under such penalties as may be prescribed by 
 ordinance. They shall have power to determine the 
 rule of its proceedings, punish their members for con- 
 temptuous or disorderly conduct, and with the con- 
 currence of two-thirds of the members elected, expel a 
 member. They shall cause to be kept a journal of 
 their proceedings, and may from time to time publish 
 the same, and the yeas and nays, when demanded by 
 any member present, shall be entered on the journal. 
 All vacancies that shall occur in the Board shall be 
 filled by election. 
 
 Sec. 5 . The Mayor and each Alderman, before en- 
 tering on the duties of their respective offices, shall 
 take and subscribe an oath or affirmation “ that they 
 will support the Constitution of the United States, and 
 of the State of Iowa, and that they will discharge the 
 duties of their office to the best of their knowledge and 
 
 * Right to Hold Over. — Where it is made the duty of a City Counctl to give 
 notice of and provide for an annual election, and they fail to do so, it has been 
 decided that they do not hold over, as this would be basing a right upon their own 
 neglect of duty. But quere. 
 
 People v. Bartlett , C. Wend., 422 ; but see 9 Johns, 147; 8 Abb. Pr. Rep., 359 ; 1 
 Ind. (Cart.,) 500. 502, and cases cited; 9 Fost., 213, commenting on N. Y. cases. 
 
 t Canvassing Votes. — Where the Common Council has once legally canvassed 
 the votes for the election of municipal officers, they have exhausted their power, 
 acid cannot afterwards reverse their decision by making a different determination. 
 
 Hadley v. Mayor , 83 N. Y. Rep., 603. How far and when decision of Council 
 is final, see Hadley v. Mayor , 33 N. Y. Rep., 603 ; State of Iowa v. Funck, 17 Iowa 
 Rep., 865 ; Ex parte Strahl , 16 Iowa Rep., 869. 
 
 The city of Davenport has passed ordinance (herewith printed) relating to con- 
 tested and tie elections. 
 
CITY CHARTER AND AMENDMENTS. 
 
 31 
 
 ability.” Whenever there shall be a tie in the election Tie election, 
 of an Alderman, the judges of the election shall certify 
 the same to the Mayor, who shall determine the same 
 by lot, in such manner as shall be determined by ordi- 
 nance. There shall be twelve stated meetings of the Meetings. 
 
 City Council in each year, at such times and places as 
 may be prescribed by ordinance, and for such special 
 meetings as they may deem necessary. 
 
 ARTICLE III. 
 
 OF THE CHIEF EXECUTIVE OFFICER. 
 
 Section 1. The chief executive officer of the city 
 shall be a Mayor, who shall be elected by the qualified Mayor, 
 voters of the city, and shall hold his office for one 
 year, and until his successor shall be elected and qual- 
 ified. ~No person shall be eligible to the office of Eligibility and 
 
 -*■ ^ term . 
 
 Mayor, who shall not be a citizen of the United States, 
 a resident of the city one year next preceding his elec- 
 tion, and over the age of twenty-one years ; and if any 
 Mayor shall, during the time for which he shall have 
 been elected, remove from the city, or be absent there- Mayor absent, 
 from more than two months at any one time, his office 
 shall become thereby vacated. (See next section.) 
 
 Sec. 2. When two or more persons shall have an 
 equal number of votes for Mayor, the judges of the Tievote ’ 
 election shall certify the same to the City Council, who 
 shall proceed to determine the same by lot, in such 
 manner as may be provided by ordinance. Whenever 
 an election shall be contested for Mayor, the City 
 Council shall determine the same in such manner as 
 may be prescribed by ordinance ; and whenever any 
 vacancy shall happen in the office of Mayor, it shall be FillIn g vacanc J r - 
 filled by election ; and until such election shall be 
 had, it shall be competent for the Board of Aldermen 
 to elect one of then* number President, who shall be 
 Mayor pro tern. Mayor pn , tm 
 
 [By the amended Charter of January 23d, 1857, the 
 following provision is made concerning sickness or 
 
CITY CHARTER AND AMENDMENTS. 
 
 Sickness or ab- 
 sence of Mayor. 
 
 Election of offi- 
 cers . 
 
 Time and mode. 
 
 Canvass. 
 
 Duty of Clerk 
 
 Notice of elec- 
 tion. 
 
 32 
 
 absence by the Mayor for a less period than two months, 
 to-wit :] 
 
 In case of the sickness of the Mayor, or of his ab- 
 sence from the city for a less period than two months, 
 said City Council may elect one of the Aldermen 
 Mayor pro tem ., who shall possess all the authority, 
 and perform all the duties of the office of Mayor during 
 such sickness, or temporary absence of the Mayor. 
 (Sec. 3 Amended Charter, January 23, 1857.) 
 
 ARTICLE IV. 
 
 OF ELECTION, 
 
 Section 1. On the first Saturday of April next, (A. 
 D. 1851) an election shall be held in each ward of said 
 city, for one Mayor for said city, two Aldermen for 
 each ward, and forever thereafter on the first Satur- 
 day of April, of each year, there shall be an election 
 held for one Mayor for the city, and an Alderman for 
 each ward. The City Council shall, before each annual 
 or special election, appoint three electors in each ward 
 of said city, to act as judges and clerks of said election, 
 who shall take the same oath, conduct the elections in 
 the same manner as are now provided, or hereafter may 
 lie provided by law for holding and conducting elections 
 for county officers ; said judges and clerks shall return 
 a certified statement of the persons voted for as Aider- 
 men and Mayor, in their respective wards, within three 
 days, to the Clerk of said city ; and a majority of said 
 judges shall meet at said Clerk’s office on the Monday 
 following, and canvass the number of votes cast, who 
 for, and the person elected Mayor, (provided there has 
 been a choice) to the Clerk of said city. The Clerk 
 shall receive said returns, certificates and poll books, 
 and preserve the same among the papers of his office, 
 and shall give the person and persons receiving the 
 highest number of votes for Mayor and Aldermen, a 
 notice of their election, within two days after the re- 
 ceipt of the returns aforesaid, and such person receiving 
 
CITY CHARTER AND AMENDMENTS. gg 
 
 such, notice of his election, as Mayor or Alderman, 
 shall, within five days after the receipt of snch notice, when to qualify 
 take the oath prescribed in this act for the office to 
 which he may have been elected, and a neglect or re- 
 fusal to take snch oath, and file the same with the 
 Clerk, shall be taken as a refusal of said office, and the 
 City Council may proceed to fill such vacancy as pro- 
 vided for in this act. 
 
 Sec. 2. All resident citizens over the age of twenty- w r ho may vote, 
 one years, who are entitled to vote for State officers, 
 and who shall have been actual residents of said city 
 ninety days next preceding said election, shall be enti- 
 tled to vote for city officers ; provided, that said elec- 
 tors shall give their votes for Mayor and Alderman in 
 
 THE WARDS ill whidl THEY RESPECTIVELY RESIDE ; and Where. 
 
 for voting illegally at any election herein provided illegal voting, 
 for, shall be punished in the same manner, and with 
 like effect, as is provided under the general laws of the 
 State of Iowa for illegal voting A 
 
 ARTICLE Y. 
 
 OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL. 
 
 Section 1 . The City Council shall have power and 
 authority to levy and collect taxes upon all taxable Taxes, 
 property, real, personal and mixed, within the city, not 
 exceeding one-half per cent, per annum upon the 
 assessed value thereof, which value shall be ascertained 
 by the assessor of said city ; to provide by ordinance 
 the. time for taking such assessment ; when the same Mode of aS8eS3 . 
 shall be returned to the City Clerk, and also provide ment ’ &c> 
 for the assessing of property that may have been omit- 
 
 * By the laws of the State here referred to, if a voter “ unlawfully vote more 
 than once at any election,” or if a person vote when he knows himself not to be 
 qualified to do so, he is punishable by fine ranging from $200 to $300, and by im- 
 prisonment in the county jail not exceeding one year. Revision of Iowa of 1860, 
 Sections 4334, 4335, 4336. 
 
 Prosecutions for illegal voting at charter elections must be in the District Court 
 There is no ordinance providing for such prosecution before the Mayor or Police 
 Magistrate. Such an ordinance would be of very questionable validity. (Bill of 
 Rights, Sec. 11 ; Rev. 1860, Secs. 4-3*34-36, above referred to; Charter, Art. 4, Sec. 2 ). 
 
 5 
 
CITY CHARTER AND AMENDMENTS. 
 
 34 
 
 ted or overlooked, or otherwise not returned by said 
 assessor ; also the time when said Clerk shall make out 
 and deliver to the Marshal of said city, a copy of said 
 assessment, together with the tax due or assessed, 
 which said copy shall be sealed with the common seal 
 of said city, with a warrant for the collection of the 
 taxes so assessed, signed by the Mayor and Clerk of 
 said city.* The City Council shall have power to cor- 
 
 * Right to Levy Taxes— General Principle. — A city cannot exercise the 
 power of taxation unless the power is expressly conferred. Property cannot be 
 taxed unless it is authorized by the legislature. When the mode is prescribed, 
 that mode alone can be pursued. The power is strictly construed, and must be 
 closely followed. 
 
 City of Davenport v. M. # M. R. R. Co ., 12 Iowa Rep., 545; City of Burlington 
 v. Kellar, 18 Iowa Rep.; Tollman v. Butler Co., 12 Iowa, 531; Buell v. Ball 19 
 Iowa Rep. 
 
 Extent of City’s Power to Levy Taxes— It has been decided by the Su- 
 preme Court of this State that under Art. 5, Sec. 1 of the charter, the city has no 
 power to levy a tax (even to pay a judgment) beyond the one-half per cent, per 
 annum. This is the limit authorized by the charter, and the city cannot be com- 
 pelled by mandamus to exceed it. In addition to this, a special tax may be levied 
 under Secs. 7 and 8 of the amended charter of January 22, 1855, to pay the par- 
 ticular debt therein referred to. In addition to this the charter authorizes the 
 levy of a road tax not exceeding three mills on the dollar. (Amendment to char- 
 ter of January 23, 1857, Sec. 4.) This is the extent of the power of the city to 
 levy general taxes. It may also levy a poll-tax and make, in certain cases, special 
 assessments. See act of 1866, as to tax for health purposes. 
 
 The power of the city of Davenport, with respect to the levy of taxes, will be 
 found discussed arid determined in the following cases : 
 
 Clark, Dodge (5' Co. v. Davenport, 12 Iowa Rep. 335 ; Gas Light Co. v. Daven- 
 port, 13 Id. 229 ; Clark, Dodge <5* Co. v. Davenport, 14 Id. 494. 
 
 City may by mandamus be compelled, if necessary to pay a judgment creditor, 
 to levy the maximum rate authorized by its charter. 
 
 Coy v. Lyons, 17 Iowa Rep. 1. 
 
 As to mandamus to city to compel levy of tax Bee also Dox v. Co. Judge, 12 
 Iowa R. 237. 
 
 As to right to tax lands not laid off into lots. — Upon the subject of taxa- 
 tion of lands by cities the Supreme Court of this State has made some very im- 
 portant decisions. 
 
 The Court admits that the legislature has the power to extend the limits of a 
 city so as to include adjacent lands and property without the consent of the owner 
 and tax the same. (S. P. 11 Ohio St. Rep. 96,285, 290.) But this right to tax is 
 subject to this limitation : So long as the land thus embraced in the city limits is 
 used solely for agricultural purposes or lies vacant and is not laid out into town 
 lots, nor needed or required for streets or houses or other purposes of a town, the 
 corporation authorities cannot tax such property as toAvn property without the 
 consent of the owner. 
 
 The above are cases where the corporation cannot tax the property for strictly 
 corporate purposes. 
 
 But on the other hand, when the property to be taxed is within the corporate 
 limits in such close proximity to the settled and improved portions of the town, 
 that the corporate authorities cannot open and improve its streets and alleys and 
 extend Us police regulations, &c., without incidentally benefltting the property 
 
CITY CHARTER AND AMENDMENTS. 
 
 35 
 
 rect or equalize any erroneous or injudicious assessment. 
 
 The Marshal shall be the collector of all taxes Mode of coiiee- 
 
 . . tion, &c. 
 
 assessed as aforesaid ; he shall, upon receiving a copy 
 of such assessment and warrant, as aforesaid, make 
 personal demand of every resident charged with tax, 
 if to be found within said city, or leave a written 
 notice of the amount of such tax at his or her place of 
 abode, and shall put up at least one written notice in 
 each ward of said city, that if the taxes are not paid 
 within twenty days thereafter, the same will be collect- 
 ed by sale of property of delinquents ; at the expiration 
 of which twenty days said Marshal may, and he is 
 hereby authorized by distress and sale of personal Personal pro- 
 property of such delinquent or delinquents, as consta - 1 
 
 and enhancing its value, where, in other words, the property is needed for build- 
 ings and houses, and is benefitted by the city government, then the power to tax 
 the same exists, though it may not actually be laid out into lots. 
 
 With these rules each case must be decided upon its special circumstances. If 
 the owners have laid off the same into lots, it is to this extent ckarly liable to mu- 
 nicipal taxation. And property, though not liable to ordinary municipal taxation, 
 may yet be liable for road and school taxes where the city or town is a road or 
 school district, levying its own taxes for these purposes. These principles of law 
 will be found settled, discussed, and illustrated in the following cases : 
 
 Morford v. Unger, 7 Iowa Rep., 82, (the first and leading case), followed by 
 Langworthy v. Dubuque, 13 Iowa, Rep. } 86; same case more fully, 16 Iowa Rep., 
 271; Fulton v. Davenport , 17 Iowa Rep., 404; Butler v. Muscatine, (pork-house 
 case,) 11 Iowa Rep., 533; Buell v. Ball, 16 Iowa Rep.; R. R. Co. v. Spearman , 12 
 Iowa Rep.. 113. 
 
 If the property is, in fact, not liable to city taxation, the party is not estopped 
 from objecting to its payment because he has previously paid similar taxes without 
 objection. 13 Iowa, 86. 
 
 Power of cities to tax banks and bank-stock, see McGregor v. State Bank, 12 Iowa 
 Rep. 79. As to power of city to tax railroad property, the Judges of the Supreme 
 Court were equally divided— Dillon and Wright, J. J., affirming the power to 
 tax their real property, and Cole, J., and Lowe, C. J., denying the power. 
 See City of Davenport v. M. fy M. R. R. Co., 14 Iowa Rep, 348 ; 17 Iowa Rep., 120. 
 As to personal liability of officers of city for not levying- tax, see Oswald v. Thed- 
 inga, 17 Iowa Rep., 13. 
 
 Taxes— Action to Recover Back.— No action lies against a municipal corpo- 
 ration to recover back money voluntarily paid under an invalid law or ordinance. 
 Espey v. Fort Madison , 14 Iowa Rep., 226. Or for money paid for a city license. 
 Kraft v. Keokuk, 14 Iowa Rep., 86. 
 
 Remedy of Tax-payer.— The remedy of the party against whom taxes are erro- 
 neously assessed, or where there is an over-assessment, is to apply to the Board of 
 Equalization to have the remedy corrected. But where the law is illegal, or the 
 assessment void, the party may bring his action of trespass, or replevin, or in 
 equity, to restrain the collection. But he cannot resort to these latter remedies 
 where the power to tax exists, but has simply been irregularly exercised. 
 
 Macklot v. City of Davenport, 17 Iowa Rep., 379; Litchfield v. Polk Co., 18 Iowa 
 Rep., 70. 
 
CITY CHARTER AND AMENDMENTS. 
 
 Sale of real 
 property. 
 
 Certificate of 
 sale. 
 
 Redemption. 
 
 Interest. 
 
 See note to this 
 section. 
 
 Deed. 
 
 Effect of deed. 
 
 36 
 
 bles on executions, to collect said tax, or lie may, after 
 the expiration of the said twenty days, if said tax shall 
 remain unpaid, give notice by publication in one of 
 the newspapers published in said city, for six consecu- 
 tive weeks, stating the amount of said tax, costs, and 
 printer’s fee and the number of the lot, or the descrip- 
 tion of the piece of land or property on which the same 
 are due, and the owner’s name if known, and that the 
 said lot, piece of land or property will be sold on the 
 day and at the place to be mentioned in said notice, 
 unless payment be made of the taxes, costs, and print- 
 er’s fee, on or before said day of sale, and if such pay- 
 ment should not be made according to said notice, then 
 said Marshal shall proceed and sell the same in accord- 
 ance with said notice, for said amount due, to the bid- 
 der who will take the least quantity of the lot, or piece 
 of land or property, otf from the side which said Marshal 
 shall designate, or the whole, if no bid for a less quan- 
 tity, and he shall give to the purchaser thereof a cer- 
 tificate stating the description of the piece of land, or 
 the number of the lot, or the portion thereof, or the 
 property purchased and price paid therefor, and the 
 day of sale ; and at the expiration of two years there- 
 after, if the owner or claimant shall not redeem the 
 same by paying the amount for which the same was 
 sold, together with fifty per c^t. per annum to the 
 purchaser, or to the City Treasurer, for said purchaser’s 
 benefit, said purchaser, or his heirs or assigns, shall be 
 entitled to a deed therefor, and the Mayor of said city 
 shall, on demand, and the presentation of said certifi- 
 cate, make, execute and deliver to the holder, or owner 
 of such certificate, a deed for said property, in said cer- 
 tificate mentioned, which, when acknowdedged, or 
 proven and recorded, as other deeds are acknowledged 
 and proven, shall be good and valid in law and equity, 
 to pass a valid title to such lot, piece of lot, ground or 
 property, and shall be jprima facia, evidence in all 
 courts that all things have been complied with, nor 
 shall the same ever be inquired into, until the amount 
 
CITY CHARTER AND AMENDMENTS. 
 
 37 
 
 for which said property, or real estate, together with 
 the interest aforesaid, shall have been tendered to the 
 holder thereof, or deposited in the City Treasury, for 
 his or their benefit.* 
 
 Sec. 2. The City Council shall have power to pro- 
 vide by ordinance, from time to time, for the election 
 of a Clerk, Treasurer, Assessor, Marshal, and one city officers, 
 or more Street Commissioners, by the electors of said 
 town, by causing one or more polls to be opened in Election, &c. 
 said city, for said purpose ; and they may appoint such 
 other officers as they may deem necessary, or provide 
 for their election by the voters of said city at the same 
 time and place that the above officers are elected ;f 
 
 * The provisions of Sec. 1, Art. 5, of the city charter, in relation to interest on 
 tax sales, tax deeds made by city authorities, etc., are essentially changed by Chap. 
 
 105 of the laws of the 7th General Assembly. See laws of 185S, p. 207 ; Rev. 1S60, 
 p. 194. This act took effect July 4, 1858, and is as follows : 
 
 “AN ACT concerning taxes levied by Municipal Authorities. 
 
 “Whereas, By the charters and other acts granting to municipal corporations 
 Ihe right to levy and collect taxes on real estate, the mode of said collection, the 
 rate of interest, and the effect of the collector’s deed, are various, unequal, and in 
 some cases unjust; and whereas, it is desirable to remedy such defects, and estab- 
 lish a uniform principal on the subject; therefore, 
 
 “ Section 1. Be it enacted by the General Assembly of the State of Iowa , That Q enera j ^ ax j aAV 
 from and after the publication of this law, in all cases of the sale of real estate 
 made by virtue of the law and ordinances of any municipal corporation in this 
 State, the purchaser shall receive a deed, which shall have the same effect as the 
 County Treasurer’s deed, under sales made by him as provided in the Code 
 [of 1851,] and that the mode there provided for the purpose of making sales 
 effective and foreclosing the redemption, shall be purchased [pursued] by the 
 holder of said corporatian deed; and no greater rate of interest than twenty-five 
 per cent, per annum shall hereafter be charged on any such deed or sale.” 
 
 Construction of above act, see Street v Hughes , 19 Iowa Rep.; Sweet v. Billings , 
 
 14 Iowa Rep., 384. The revenue, ordinances of the city of Davenport (herewith 
 printed) have been made to conform to this State law. 
 
 t By the amended city charter of Jan. 22, 1855, (Sec. 6 of said amendment) the 
 power is given to the City Council to appoint, instead of providing for electing, 
 the Street Commissioner, Assessor, and subordinate officers. This amendment is 
 as follows : 
 
 “ The City Council shall have the power to appoint a Street Commissioner or Additional 
 Commissioners, a City Assessor, and such subordinate officers as they may deem fq on to charter 
 proper, to hold their offices during the pleasure of the City Council; or they may 
 provide by ordinance for their election. The City Clerk, Marshal, or Treas- 
 urer may be removed by the City Council when, in their opinion, they are incom- 
 petent, or neglect to discharge their duties; and in case of such removal, they 
 may appoint a successor until the next annual election.” — [Nee. 6 of amended char- 
 ter of Jan. 22,1855.] 
 
 Under this the city may either appoint or provide for the election of Street Com- 
 missioner and Assessor by the people. The Clerk, Marshal, and Treasurer are 
 still left elective. Other officers may be either appointed or elected, as the City 
 Council may provide. 
 
CITY CHARTER AND AMENDMENTS. 
 
 Bond. 
 
 Oath. 
 
 38 
 
 their tenure of office shall he one year, and said City 
 Council, before the election or appointment of any offi- 
 cer aforesaid, shall have power to require of any, or all 
 of them, bonds, with penalty and security, for the faitli- 
 fid performance of their respective duties, as may be 
 deemed expedient, and to take an oatii for the faithful 
 performance of the duties required of them in their 
 respective offices, before entering upon the discharge of 
 the same ; to establish, support and regulate common 
 
 General powers SCH00LS > t0 APPROPRIATE MONEY, and provide for tlie 
 
 City council, payment of the debts and expenses of the city ; to 
 borrow money on the credit of the city, to be used for 
 such purposes as they may think conducive to the wel- 
 fare thereof. In all cases where the City Council may 
 
 See decisions as borrow money, the v shall provide for the pavment of 
 
 to the specific . * '' . . * 
 
 powers, duties the interest thereof, by setting apart a portion ot the 
 
 and liabilities of . x # t x 
 
 cities, at the end ordinarv revenue, and collecting* it for that purpose. 
 
 of the charter. * o ± i 
 
 The question of borrowing money shall be submitted 
 and approved by a majority of the tax payers of said 
 city ; Provided , that no debt shall be contracted, that 
 the interest per annum, in any one year, due thereon, 
 shall exceed one-half the revenue derived from tax on 
 the real estate and personal property within said city. 
 To make regulations to prevent the introduction of con- 
 tagious diseases into the city, to make quarantine 
 
 Art, i,8ec.4. laws for that purpose, and enforce the same within five 
 miles of the city ; to establish hospitals, and make 
 regulations for the government of the same ; to make 
 regulations to secure the general health of the inhab- 
 itants ; to declare what shall be a nuisance, and to pre- 
 vent, remove or abate the same ; to tax dogs or prevent 
 them going at large ; to provide the city with water ; 
 to erect hydrants and pumps in the streets for the con- 
 venience of the inhabitants ; to open, alter, abolish, 
 widen, extend, establish, grade, pave, or otherwise 
 improve and keep in repair, streets, avenues, lanes 
 and alleys ; to establish, erect and keep in repair 
 bridges ; to divide the city into wards, alter the boun- 
 daries thereof, and erect additional wards as the occa- 
 
CITY CHARTER AND AMENDMENTS. 
 
 39 
 
 sion may require ; to provide for lighting the streets General 
 and erecting lamp-posts ; to establish, support and of Clty 
 regulate night watches ; to erect market houses, to 
 establish markets and market places, and to provide 
 for the government and regulation thereof ; to provide 
 for the erection of all needful buildings for the use of 
 the city ; to provide for the enclosing, improving and 
 regulating all public grounds belonging to the city ; 
 to improve and preserve the navigation of the Missis- 
 sippi River within the limits of the city ; to erect, re- 
 pair, and regulate public wharves and docks; to 
 regulate the erection and repair of private wharves, 
 
 AND THE RATES OF WHARFAGE THEREAT ; tO license, tax, 
 
 and regulate auctioneers, transient merchants, re- 
 tailers AND GROCERS, TAVERNS, ORDINARIES, HAWKERS, 
 PEDLARS, BROKERS, PAWNBROKERS AND MONEY CHANGERS ; 
 
 to license, tax and regulate hackney carriages, 
 wagons, carts and drays, and fix the rates to be 
 charged for the carriage of persons, and for the wagon- 
 age, cartage, and drayage of property ; to license and 
 regulate porters, and fix the rates of porterage ; to 
 license, tax and regulate theatrical and other exhibi- 
 tions, shows and amusements ; to tax billiard tables, 
 restrain, prohibit, and suppress tippling houses, dram 
 shops, gaming houses, bawdy, and other DISORDERLY 
 houses ; to provide for the prevention and extinguish- 
 ment of fires, and to organize and establish fire com- 
 panies ; to regulate or prohibit the erection of wooden 
 buildings in any part of the city to regulate the fixing 
 of chimneys and fix the flues thereof ; to regulate the 
 storage of gunpowder, tar, pitch, rosin and other com- 
 bustible materials; to regulate and order parapet 
 walls and fences ; to establish standard weights and 
 measures, and to regulate the weights and measures to 
 be used in the city, in all cases not otherwise provided 
 tor by law. To provide for the inspection and meas- 
 urement of lumber, and other building materials, and 
 for the measurement of all kinds of mechanical work ; 
 to provide for the inspection and weighing-of hay and 
 
CITY CHARTER AND AMENDMENTS. 
 
 40 
 
 General powers ST0NE COAL, tlie measuring of CHARCOAL, FIRE WOOD, and 
 
 of city Council. 0THER FTJEL? to be sold or used in tlie city ; to provide 
 for and regulate tlie inspection of tobacco, beef, pork, 
 Hour, meal and whisky in barrels ; to regulate the 
 weight, quality, and price of bread to be sold and used 
 in the city ; to provide for taking the enumeration of 
 the inhabitants of the city ; to regulate the election 
 of city officers, and to provide for the removing from 
 office any person holding an office created by ordinance ; 
 to tix the compensation of all city officers, and regu- 
 late the fees of jurors, witnesses and others, for ser- 
 vices rendered under this act or ordinance ; to prohibit 
 the discharging of fire-arms, and the racing and im- 
 moderate running or driving of horses, drays, carts, 
 carriages, wagons or other vehicles in said city ; to 
 regulate the police of the city ; to impose fines, for- 
 feitures, and penalties for the breach of any ordin- 
 ance, and provide for the recovery and appropriation of 
 such hnes and forfeitures, and the enforcement of such 
 penalties, and the licensing and regulating retailers of 
 ^ spirituous and vinous liquors in said citv. 
 
 The City Council shall have power to make all ordi- 
 nances which shall be necessary and proper for carry- 
 ing into execution the powers specified in this act, so 
 that such ordinances be not repugnant to or inconsist- 
 ent with the Constitution of the United States and of 
 the State of Iowa. 
 
 style. The style of the ordinances of the city shall be — 
 
 u Be it enacted by the City Council of the City of Dav- 
 
 enport” 
 
 All ordinances passed by the City Council shall, within 
 Publication of one month after they shall have been passed, be pub- 
 
 Ordinances. . 1 i t i i • • t • , 
 
 lished m some newspaper published m said city, or a 
 certified copy thereof, signed by the Clerk, posted up at 
 one or more public places in each ward of said city, and 
 shall not take effect until ten days after publication or 
 Record and posting up, as above provided for. All ordinances, by- 
 authentication. j awg ^ ru t eSj an( j regulations shall be RECORDED by the 
 
 Clerk of the city in a book to be kept for that purpose, 
 
CITY CHARTER AND AMENDMENTS 
 
 41 
 
 with a certificate to each that the same has been pub- 
 lished in some newspaper published in said city, or a 
 copy thereof posted in each ward thereof, and that the 
 same is a correct copy of the original as passed by the 
 City Council ; and the said book, or a copy of any by- 
 law, ordinance, rule, or regulation, with the certificate 
 of the Clerk of the publication aforesaid, certified by 
 the said Clerk to be a true copy of such by-law, ordi- 
 nance, rule, or regulation, shall be sufficient authenti- 
 cation to allow the same to be read or received in evi- 
 dence^ in all actions and suits in any court in this State, 
 or when said by-laws, ordinance, rules, and regulations Printed volume 
 shall be published in book or pamphlet form, and pur- 
 porting to be printed and published by authority of the 
 corporation, the same shall be received in evidence in 
 all courts and places without further proof. 
 
 [In relation to the debt of the city and the power to 
 borrow money, the amended charter of January 22, 
 1855, contains the following provision — Sec. 7, amended 
 city charter of January 22, 1855] : 
 
 Sec. 7. The debts heretofore created, and bonds 
 issued by the city of Davenport, amounting to the sum Railroad debt, 
 of one hundred and twenty-five thousand dollars, are 
 hereby declared legal and binding upon the said city, 
 and the City Council shall have the right to borrow 
 money and issue bonds, which shall be binding upon the 
 city ; Provided , that no debt shall be created, the yearly p owei - to bor- 
 interestupon which, together with the yearly interest row money - 
 upon any debt before created, shall exceed three-fourths 
 ot the ordinary yearly revenue, unless the contracting 
 of said debt shall be approved by a majority of the 
 voters of said city, who may vote upon question to he 
 submitted by the City Council, in such manner as said 
 City Council may direct. (See note on page 42.) 
 
 Sec. 8. Whenever their is a deficiency in the ordi- 
 nary revenue of the city, after the payment of the ordi- for 
 
 nary city expenses, to pay the semi-annual interest on 
 the debt already created, the City Council shall levy a 
 
CITY CHARTER AND AMENDMENTS. 
 
 42 
 
 specific tax upon the assessment roll of the current year, 
 to pay said interest.”* 
 
 [The original charter (Art. 5 Sec. 2; gives to the City 
 Council unrestricted power to “ abolish ” streets, alleys, 
 &c. By the amendatory act (Sec. 23) of January 23, 
 1857, it is provided] : 
 
 Sec. 23. Nothing herein contained, or in the acts to 
 which this is amendatory, shall authorize the City 
 Council to discontinue or contract any street, lane, 
 alley, or highway, or any part thereof, without the con- 
 sent in writing of all persons owning land adjoining 
 said street, lane, alley, or highway. f 
 
 ARTICLE YI. 
 
 OE THE MAYOR. 
 
 Mayor presides. Section 1. The Mayor shall preside at all meetings 
 of the City Council, and shall have a casting vote, and 
 no other. In case of the non-attendance of the Mayor 
 at any meeting, the Board of Aldermen shall appoint 
 Pro tem. Mayor, one of their own members chairman, who shall preside 
 at the meeting. 
 
 Sec. 2. The Mayor, or any two Aldermen, may call 
 speciai meet- special meetings of the City Council, by notifying 
 
 * Under the original charter, even with a vote of the tax-payers, no debt could 
 be contracted, the yearly interest of which should exceed one-half of the yearly 
 revenue of the city. This was a salutary and wise restraint. By the amendment 
 of 1855, (Sec. 7 above), if this shall be construed, as was perhaps intended, to apply 
 to other than the railroad debt therein specified, and to enlarge the power of the 
 city to borrow money and create debts, there is no limit to the amount of money 
 the city may borrow, if approved by a majority, not of the tax-payers, but of the 
 voters who shall vote upon the question. 
 
 t Under this, the power of the Council to vacate streets, &c., is made to depend 
 upon the written consent of all persons owning land adjoining the same. 
 
 In 1862, (see laws of Iowa, 1862, p. 79, ch. 78,) the Legislature of the State 
 passed an act authorizing town plats, additions to town plats, and sub-divisions of 
 town lots, to be vacated by the owner at any time before the sale of any lot or lots, 
 executing, acknowledging, and recording a writing to that effect; and if any part 
 of the lots have been sold, all of the owners may, by joining, thus vacate the same. 
 The corporate authorities are not required to be consulted. The property is made 
 liable after the vacation for corporate taxes legally levied before the vacation and 
 for its proportion of pre-existing corporate debts. How far this act will be taken 
 to apply to cities with special charters, as well as its meaning, are questions which 
 must be settled by the eourts. 
 
CITY CHARTER AND AMENDMENTS. 
 
 eacli Alderman, Mayor, and Clerk of said city, of the 
 time and place of meeting, and the business to be trans- 
 acted at such meeting ; and no other business than that 
 designated in said notice shall be transacted. 
 
 Sec. 3. The Mayor shall at all times be active and Mayor’s duties, 
 vigilant in enforcing the laws and ordinances for the 
 government of the city ; he shall inspect the conduct 
 of all subordinate officees of said city, and cause 
 negligence and positive violation of duty to be prose- 
 cuted and punished ; he shall, from time to time, com- 
 municate to the Aldermen such information, and 
 recommend all such measures as in his opinion, may 
 tend to the improvement of the finances, the police, the 
 health, security, comfort, and ornament of the city. 
 
 Sec. 4. He shall, by virtue of his office, be a Justice p OW ers-ex-of- 
 of the Peace for said city, and as such shall be a con- fhe°Peaco. ce ° f 
 servator of the peace in the said city, and shall have 
 power and authority to administer oaths, issue writs 
 and processes under the seal of the city, to take deposi- 
 tions, the acknowledgments of deeds, mortgages, and 
 all other instruments of writing, and certify the same 
 under the seal of the city, which shall be good and 
 valid in law ; he shall have exclusive jurisdiction in jurisdiction, 
 all cases arising under the ordinances of the corpora- 
 tion, and concurrent jurisdiction with all other Jus- 
 tices of the Peace in all civil and criminal cases within 
 the county of Scott, arising under the laws of the State ; 
 and shall receive the same fees and compensation for 
 his services in similar cases. He shall also have such Mayor's powers 
 jurisdiction as may be vested in him by ordinance 0 f anddutles - 
 the city, in and over all places within five miles of the 
 boundaries of the city, for the purpose of enforcing the 
 health, quarantine ordinances, and regulations thereof, 
 and the protection of cemeteries or grave yards, and 
 enclosures. 
 
 Sec. 5. He shall, before entering upon the discharge 
 of the duties of his office, give bond and security to be Bond, 
 approved of, and filed with the Clerk of said city, in 
 the same penalty, and with like conditions, as are re- 
 
CITY CHARTER AND AMENDMENTS. 
 
 Compensation. 
 
 Punishment 
 and removal . 
 
 Process, writs, 
 
 &c. 
 
 Towers and du- 
 ties of Marshal. 
 
 44 
 
 quired of Justices of tlie Peace now by law, and the 
 same may he prosecuted for any breach, in the same 
 manner and with the like effect, as is required by law 
 for similar cases under the laws of Iowa ; he shall re- 
 ceive for his services, as Mayor of said city, such 
 salary as shall be fixed by an ordinance of the city. 
 
 Sec. 6 . In case the Mayor shall, at any time, be 
 guilty of a palpable omission of duty, or shall wilfully 
 and corruptly be guilty of oppression, mal-conduct, or 
 partiality, in the discharge of the duties of his office, 
 he shall be liable to be indicted in the District Court 
 of Scott county, and on conviction he shall be fined in 
 a sum not exceeding two hundred dollars, tor the use 
 of said city, and the court shall have power, on the 
 recommendation of the jury trying said indictment, to 
 add to the judgment of the court that he be removed 
 from office. 
 
 Sec. 7. All processes, or writs, issued by the Mayor, 
 may be either a warrant for the arrest of the person 
 of the offender, or writs in the usual form, directed 
 to the Marshal of said city, who shall serve and return 
 the same as commanded in said warrant or writs, and 
 in case of a warrant to bring the offender forthwith 
 before said Mayor, the Marshal of said city shall have 
 the same authority, and do and perform the same 
 duties, and shall be subject to the same liabilities in 
 the service and return of all such writs or process 
 issued by, and in attending the trial before such Mayor, 
 for recovery of fines and penalties, for the breach or 
 violation of any of the by-laws, ordinances, rules or 
 regulations of said corporation, that constables have in 
 their respective counties. 
 
 ARTICLE VII. 
 
 proceedings in special cases. 
 
 [Article VII in the original charter, entitled “ Pro- 
 ceedings in special cases” was repealed by Section 27 of 
 
CITY CHARTER AND AMENDMENTS. ^ 
 
 the amended city charter, approved January 23, 185 T, 
 which repealing act is as follows : 
 
 “ Sec. 27. That the whole of article seven of said 
 act to incorporate the city of Davenport, and all other 
 acts and parts of acts inconsistent with the provisions 
 of this act, be and the same are hereby repealed.” 
 
 Article YII of the original charter (being thus re- 
 pealed), is therefore omitted, and the provisions of the 
 amended charter (of January 23, 1857), being those 
 now in force, are printed in their place ; these provis- 
 ions being as follows] : 
 
 Sec. 6 . The City Council shall have power to lay out 
 lniblic squares or grounds, streets, alleys, lanes, or high- streets, 
 
 1 x ... ~i -1 wharves, &c. 
 
 ways, and to make wharves m the river, and alter, 
 widen, contract, straighten, and discontinue the same. 
 
 They shall cause all streets, alleys, lanes, highways, or 
 public squares, or grounds laid out by them, to be sur- 
 veyed, described, and recorded in a book to be kept by 
 the Clerk, showing particularly the proposed improve- 
 ments, and the real estate required to be taken therefor, 
 and the same, when opened and made, shall be public 
 highways. 
 
 Sec. 7. Whenever any street, alley, lane, highway, Taking private 
 or public square or ground, is laid out, altered, widened, Eig streets, °&c? 
 or straightened,, by virtue hereof, the City Council shall 
 give notice of their intention to appropriate and take 
 the land necessary for the same, to the owner or owners 
 thereof, by publishing said notice for ten days in some 
 newspaper published in said city ; at the expiration of 
 which time, they shall choose by ballot three disinter- 
 ested freeholders residing in said city, as commissioners 
 to ascertain and assess the damages, and recompense 
 the owners of such lands respectively, and at the same 
 time determine what persons will be benefitted, and 
 assess the damages and expenses thereof on the real 
 estate of persons benefitted, in proportion as nearly as 
 may be the benefits resulting to each. A majority of 
 all the Aldermen authorized by law to be elected shall 
 be necessary to the choice of such commissioners ; Pro - 
 
CITY CHARTER AND AMENDMENT; 
 
 46 
 
 vided , that the provisions of this section shall not apply 
 in any case where such street or alley lias already been 
 ordered to be opened, and the damages are not yet paid. 
 Damages for Sec. 8. -In any case where a grade has been estab- 
 ciiangmg grade. }j g j iec j py pp e Qp-y Engineer, and any person lias built 
 
 or made any improvements on a street according to said 
 grade, and the city authorities shall alter said grade in 
 such a manner as to injure or diminish the value of 
 said property, said city shall pay to the owner or own- 
 ers of said property so injured, the amount of such 
 damage or injury.* 
 
 same. Sec. 9 . Said damage or injury shall be assessed by 
 
 three persons — one of whom shall be appointed by the 
 Mayor of said city, one by the owner of the property, 
 and one by these two so appointed, or in case of their 
 disagreement by the Mayor and owner, or in case of 
 their disagreement, by the City Council : Provided , 
 that if the owner of such property shall fail to appoint 
 one such appraiser in ten days from the time of receiv- 
 ing notice so to do, then the City Council shall appoint 
 all said appraisers, and no such alteration of grade shall 
 be made until said damages so assesed shall have been 
 paid or tendered to the owner or owners of the property 
 proceedings of so injured or damaged. 
 
 commissioners. g EC< iq rppg comm i ss i oners sliall be sworn faith- 
 fully to execute their duties according to the best of 
 
 * Without an express provision to that effect, a city is not liable to a property 
 owner for damages which result to him in consequence of the establishment or in 
 consequence of the change of grades of streets. This is so decided in all of the 
 States (Ohio perhaps excepted), and by our own Supreme Court. 
 
 Crealv. Keoktck, 4 G. Greene’s Rep., 47; Coates v. City of Davenport, 9 Iowa 
 Rep., 227; Cole v. Muscatine , 14 id. 296; Freeland v. Muscatine , 9 id. 461; Temp- 
 l in v. Iowa City , 14 id. 60. 
 
 But this rule is so far modified by Section S above that the property owner may 
 hold the city liable for damages when, 1st, a prior grade has been established ; 2d, 
 when improvements have been made according to said grade; 3d, when the city 
 authorities afterwards alter such grade to the injury of the property. This is a very 
 just modification of the common law rule, and should induce the city authori- 
 ties to exercise great caution in the original establishment of grades. 
 
 Section 8 above was construed dy the Supreme Court in Dalzell v. City of Dav 
 enport , 12 Iowa Rep., 437, where it was held that the damages were to be ascer- 
 tained with reference to the land and improvements together, and not the improve- 
 ments alone. See also Freeland v. Muscatine 9, Iowa, 461 ; Coates v. Davenport , 
 id. 227. 
 
CITY CHARTER AND AMENDMENTS. 
 
 47 
 
 their ability. Before entering npon T their duties they 
 shall give notice to the persons interested of the time 
 and place of their meeting for the purpose of viewing 
 the premises and making their assessment, at least ten 
 days before the time of such meeting, by publishing 
 the same in some newspaper published in said city. 
 They shall view the premises, and in their discretion 
 receive any legal evidence, and may adjourn from day 
 to day. Same - 
 
 Sec. 11. If there should be any building standing, 
 in whole or in part, upon the land to be taken, the com- 
 missioners, before proceeding to make their assessment, 
 shall first estimate and determine the whole value of 
 such building to the owner, aside from the value of the 
 land and the injury done him in having such building 
 taken from him ; and secondly, the value of such build- 
 ing to him to remove. same 
 
 Sec. 12. At least five days personal notice shall be 
 given to the owner of such determination, when known, 
 and a resident of the city, or left at his usual place of 
 residence. If not known, or a non-resident, notice to 
 all persons interested shall be given by publication for 
 ten days in some newspaper of said city. Such notice 
 shall be signed by the commissioners, and specify the 
 building and the award of the commissioners. It shall 
 also require parties interested to appear on a day therein 
 named, or give notice of their election to the City 
 Council, either to accept the award of the commission- 
 ers, and allow such building to be taken with the land 
 condemned or appropriated, or of their intention to 
 remove such building at the value set thereon by the 
 commissioners to remove. If the owner shall agree to 
 remove the building, he shall have such time for the 
 removal as the City Council may allow. same. 
 
 Sec. 13. If the owner refuse to take the building at 
 the value to remove, or fail to give notice of his election 
 as aforesaid, within the time prescribed, the City Coun- 
 cil shall have power to direct the sale of such building 
 at public auction for cash, giving ten days public notice 
 
CITY CHARTER AND AMENDMENTS. 
 
 Same. 
 
 48 
 
 of the sale. The proceeds of the sale shall he paid to 
 the owner, or deposited to his use. 
 
 Sec. 14. The commissioners shall thereupon proceed 
 to make the assessment, and determine and appraise to 
 the owner or owners the value of the real estate appro- 
 priated for the improvement, and the injury arising to 
 them respectively from the condemnation thereof, which 
 shall be assessed to such owners respectively as dam- 
 ages, after making all due allowances therefrom for any 
 benefit which said owners may respectively derive from 
 such improvement. In the estimate of damage to the 
 land, the commissioners shall include the value of the 
 building (if the property of the owner of such land), as 
 estimated by them as aforesaid, less the proceeds of the 
 sale thereof, or if taken by the owner, at the value to 
 remove ; in that case they shall only include the differ- 
 ence between such value and the whole estimated value 
 of such building. 
 
 Sec. 15. If the land and buildings belong to differ- 
 ent persons, or if the land be subject to lease or mort- 
 gage, the injury done to such persons respectively may 
 be awarded to them by the commissioners, less the 
 benefits resulting to them respectively from the im- 
 provement. 
 
 Sec. 16. Having ascertained the damages and ex- 
 penses of such improvement as aforesaid, the commis- 
 sioners shall thereupon apportion and assess the same, 
 together with the costs of the proceedings, upon the 
 real estate by them deemed benefitted, in proportion to 
 the benefits resulting thereto from the improvements, 
 as nearly as may be, and shall describe the real estate 
 upon which their assessment may be made. When 
 completed, the commissioners shall sign and return the 
 same to the City Council within forty days of their 
 appointment. 
 
 Sec. 17. The Clerk shall give ten days’ notice in 
 some newspaper of said city that such assessment has 
 been returned, and on a day to be specified therein, will 
 be confirmed by the City Council, unless objections to 
 
CITY CHARTER AND AMENDMENTS. qt) 
 
 the same are made by some person interested. Objec- 
 tions may be heard before the City Council, and the 
 hearing may be adjourned from day to day. The 
 Council shall have power, in their discretion, to confirm 
 or annul the assessment, or refer the same back to the 
 commissioners. If annulled, all the proceedings shall 
 be void. If confirmed, an order of confirmation shall 
 be entered, directing a warrant to issue for the collec- 
 tion thereof, in accordance with the provisions of any 
 ordinance then in force, regulating the collection of 
 such assessments. If referred back to the same, or 
 other commissioners, they shall proceed to make their 
 assessments, and return the same in like manner, and 
 give like notices as herein required in relation to the 
 first, and all parties in interest shall have the like 
 notices and rights, and the said City Council shall per- 
 form like duties, and have like powers in relation to 
 any subsequent determination as are herein given in 
 relation to the first. 
 
 Sec. 18. The City Council shall have power to re- Rem0V ai 0 f 
 move commissioners, and from time to time appoint Comm1981oners - 
 others in the place of such as may be removed, refuse, 
 neglect, or be unable from any cause to serve. 
 
 Sec. 19. The land required to be taken for the 
 making, opening or widening any street, alley, lane, or 
 other highway, shall not be appropriated until the 
 damages awarded therefor to any owner thereof, under 
 this act, shall be paid or tendered to such owner or his 
 agent, or in case the said owner or his agent cannot be I)ai 'y-y 
 found in said city, deposited to his or their credit in 
 some safe place of deposit, other than the hands of the 
 Treasurer, and then, not before, such lands may be 
 taken and appropriated, for the purpose required in 
 making such improvement, and such streets, alleys, 
 lanes, highways and squares, may be made and opened. 
 
 Sec. 20. When the whole of any lot, or parcel of Leased prop- 
 lands, or other premises under lease or other contract, <rt '' & °’ 
 shall be taken for any of the purposes aforesaid, by 
 virtue of this act, all of the covenants, contracts and 
 
CITY CHARTER AND AMENDMENTS. 
 
 Appeal. 
 
 Infant owner. 
 
 50 
 
 engagements between landlord and tenants, or any 
 other contracting parties touching the same or any part 
 thereof, shall, upon confirmation of such report, respec- 
 tively cease and be absolutely discharged. When part 
 only of any lot or parcel of land, or other premises un- 
 der lease, or other contract shall be taken for any of 
 the purposes aforesaid, all the covenants, contracts, 
 agreements and engagements respecting the same, upon 
 confirmation of such report, shall be absolutely dis- 
 charged as to the part thereof so taken, but shall re- 
 main valid as to the residue thereof, and the rents, con- 
 siderations and payments reserved, payable and to be 
 paid for, or in respect to the same, shall be so propor- 
 tioned as that the part thereof justly and equitably 
 payable for such residue thereof, and no more, shall be 
 paid or recoverable for, in any respect of the same. 
 
 Sec. 21. Any person interested may appeal from 
 any final order of the City Council for opening or 
 widening any street, alley, lane, public ground, or 
 highway, to the District Court of Scott county, by 
 notice in writing to the Mayor or Clerk, at any time 
 before the expiration of twenty days after the passage 
 of such final order. In case of appeal, the City Coun- 
 cil shall make return within thirty days after notice 
 thereof, and the court shall, at the next term after re- 
 turn filed in the office of the clerk thereof, hear and 
 determine such appeal, and confirm or annul the pro- 
 ceedings. Upon trial of the appeal, all questions 
 involved in the proccdings, including the amount of 
 damages, shall be open to investigation by deposition 
 or oral testimony, and the burden of proof shall in all 
 cases be upon the city, to show that the proceedings are 
 in conformity with this act. 
 
 Sec. 22. In any cases when any known owner, re- 
 siding in said city, or elsewhere, shall be an infant, and 
 any proceeding shall be had under this act, the District- 
 Court, or the Judge thereof, or the County Judge of 
 Scott county, may, upon the application of the City 
 Council, or such infant, or his next friend, appoint a 
 
CITY CHARTER AND AMENDMENTS. 
 
 51 
 
 guardian for sucli infant, taking security from such 
 
 O 7 O c/ 
 
 guardian for the faithful execution of such trust ; and 
 all notices and summons required by this act shall be 
 served on such guardian. 
 
 Sec. 23. Nothing herein contained, or in the acts to 
 which this is amendatory, shall authorize the City 
 Council to discontinue or contract any street, lane, 
 alley or highway, or any part thereof, without the con- 
 sent in writing of all persons owning land adjoining 
 said street, lane, alley, or highway. 
 
 Sec. 2d. In all cases where there is no agreement 
 to the contrary, the owner or landlord, and not the 
 occupant or tenant, shall he deemed the person who 
 ought to pay and bear the assessment made for the expense 
 of any public improvement. Where any such assessment 
 shall be made upon, or paid by any person, when, by 
 agreement, or by law, the same ought to be borne or 
 paid by any other person, it shall be lawful for one so 
 paying to sue for, and recover of the person bound .to 
 pay the same, the amount so paid with interest. Noth- 
 ing herein contained shall impair, or in any way affect 
 any agreement between any landlord and tenant, or 
 other persons, respecting the payment of such assess- 
 ments. 
 
 ARTICLE YIII. 
 
 MISCELLANEOUS provisions.-roads and road taxes. 
 
 Section 1 . The inhabitants of the city of Daven- 
 port are hereby exempt from working on any road be- 
 yond the limits of the city, and from paying any tax to 
 procure laborers to work upon the same, and said city i s 
 hereby constituted a road district, with the powers con- 
 ferred on any one or more Street Commissioners as the 
 City Council may appoint or provide for the election of, 
 as are now conferred under the laws of the State of Iowa 
 upon supervisors of roads and highways, and the said City 
 Council shall have the same authority to provide for work 
 in the corporate limits of said city, on the streets, lanes, 
 alleys, and public grounds, wharves, landings, avenues 
 and highways as are now by law or hereafter may be 
 
 Infants — 
 Guardians for. 
 
 Discontinuing 
 streets, &c. 
 (See ante p. 42 
 and note). 
 
 WTio to pay 
 assessmen*. 
 
 City one road 
 district. 
 
 Power of Street 
 Commissioner 
 and Council 
 over streets, &e 
 
X;) CITY CHARTER AND AMENDMENTS. 
 
 %) h 
 
 conferred on the several boards of county -commissioners, 
 • or such other tribunal as the State may provide and 
 clothe with such authority, and they shall provide for 
 the collection and appropriation of such work by ordi- 
 nance/ 
 
 Sec. 2 . The City Council shall have power for the 
 purpose of keeping the streets, lanes, avenues and alleys 
 in repair, to require every male inhabitant in said city, 
 Work °n oyer twentv-one Years of ane, to labor on said streets, 
 lanes, avenues, and alleys, not exceeding three days in 
 each and every year, and any person failing to perform 
 such labor when duly notified by the Street Commis- 
 sioner shall forfeit and pay the sum of one dollar per 
 day for each day so neglected or refused. 
 
 [The above two sections are in the original charter.] 
 
 Sec. 4. Said city of Davenport is hereby constituted 
 Road district, one road district, to be under the control and super- 
 intendence of one or more Street Commissioners, to be 
 appointed by the City Council, who shall hold their 
 office during the pleasure of the City Council, and not 
 less than one-half of all taxes levied by the city 
 Taxes ia annexe authorities, and the road tax levied by the county 
 
 ed district. 1 , . , it 
 
 authorities tor road purposes against the several dis- 
 tricts which are annexed to the city of Davenport by 
 this act, or that may hereafter be annexed by extending 
 the limits of said city, shall be expended on the streets 
 and roads of said annexed districts. 
 
 [The above section is from the amended charter of 
 January 22, 1855. The balance of section 4 and all of 
 section 5 of this amendment, are not printed, being re- 
 pealed by the amended charter of January 23, 1857.] 
 
 PUNISHMENT OF OFFENDERS. 
 
 Section 3. The City Council shall have power to 
 
 Imprisonment . ' _ , . 
 
 of offenders, provide lor the punishment ot onenders by imprison- 
 ment in the county jail or work-house, or city prison, in 
 all cases where such offenders shall fail or refuse to pay 
 the fines and forfeitures which may be recovered against 
 lie, she or them. 
 
CITY CHARTER AND AMENDMENTS. ^3 
 
 [The above is sec. 3, art. 8 of original charter. See, 
 also, art. 5, sec. 2, latter part.] 
 
 FINANCIAL STATEMENT-ROAD TAX . 
 
 Sec. 1. The Citv Council shall cause; to be pub- statement of 
 
 • J receipts and 
 
 LISHED OR POSTED Up ill eacll Ward of said city annually, expenditures. 
 
 twenty days before each annual election for Mayor, a 
 
 full and complete statement of all moneys received 
 
 and expended by the corporation during the preceding 
 
 year, and on what account received and expended, 
 
 showing the entire indebtedness of said city, and also 
 
 the amount of road work, from whom received, money 
 
 paid instead of work, the disposition of said work and 
 
 money. 
 
 [The above is sec. 4, art. 8, original charter.] 
 
 Sec. 4. From and after the passage of this act, it city levies its 
 
 1 ~ _ ; own road taxes 
 
 shall not be lawful for the ‘county authorities of Scott 
 county to levy a road tax on any property, or a road 
 poll tax on residents in said city ; and the said City gee p 51 gec 
 Council is hereby authorized to levy and collect the 1 > 52 > Sec * 4 
 
 road tax, if not more than three mills on the dollar, 
 on all property liaise to road tax within said city, the 
 collection and payment thereof into the city treasury to 
 be regulated*! >v ordinance of said City Council. 
 
 [The above section is from the amended charter of 
 January 23, 1857, and is the last charter provision on the 
 subject. The above, on pp. 51, 52 and 53, are all of the pro- 
 visions 7ioio in force in the various charters of the city 
 referring to road districts and road and poll taxes].* 
 
 * The substance of these various provisions may be briefly stated thus : 
 
 1. Davenport is constituted one road district. 
 
 2. This is not under the control of county authorities . 
 
 3. It is under the control and superintendence of the city authorities. 
 
 4. City may levy and collect property road tax of not more than three mills on 
 the dollar. 
 
 5. City may also require every adult male inhabitant over 21 years of age to 
 labor on the streets not exceeding three days in each year. 
 
 6 . The county authorities can levy neither of these taxes within the city 
 limits. 
 
 7. The city may provide for their collection by ordinance. 
 
54 
 
 CITY CHARTER AND AMENDMENTS. 
 
 RECORDS, PROSECUTIONS, &C. 
 
 [The following sections are from Art. VIII ol the 
 origma charter, except when otherwise stated.] 
 
 Records. Sec. 5. The City Council shall provide well bound 
 
 books for their own use, and for the use of the officers 
 under their City Charter. They shall cause their Clerk 
 journal. to keep a journal of the proceedings of their meetings, 
 which shall he signed by said Clerk and the presiding 
 officer of each meeting, lie shall also keep a record of 
 Sales of prop- the returns op the marshal, in which lie shall record 
 erty for taxes. number of lot, piece of ground, or description of 
 land or property sold by him for taxes due on assess- 
 ment, the amount for which it was sold, the time when 
 sold, the purchaser’s name, and the time of redemption, 
 when redeemed, for what amount, and the person to 
 whom, and when deeded. And said marshal shall so 
 make his return of the tax lists of each year, as to 
 enable the said Clerk to state the above facts in said 
 delinquent tax book. A book to record the acts and 
 Record of acts reports of the Street Commissioners, and the name, 
 
 Street Commis- x 
 
 sioner. age, and residence of deceased persons buried in the 
 
 city cemetery, and when such persons became deceased, 
 and of what disease such person died, if known ; also 
 order book. an order book stating the amount allowed each person 
 out of the City Treasury, the name of the person to 
 whom allowed, when, and by whom drawn ; they shall 
 also provide the Mayor and his successor in office with a 
 Mayor’s docket, record or docket, in which he shall record all the pro- 
 ceedings had before him as such Mayor for the violation 
 of ordinances, his judgments, and the reports required to 
 be made to him as such Mayor and Justice of the Peace. 
 All of the books above provided for shall be open to 
 the inspection of the inhabitants of said city at all 
 reasonable hours, free of expense, tax or fee. 
 
 Actions. Sec. 6. All suits, actions and prosecutions instituted, 
 
 commenced or brought by the corporation hereby cre- 
 ated, shall be instituted, commenced and prosecuted in 
 the name of the city of Davenport, and in cases of 
 
CITY CHARTER AND AMENDMENTS. 
 
 warrants the same may he issued for violations of the warrants, 
 ordinances, by-laws, rules and regulations of said city 
 without being predicated or based upon affidavit. 
 
 Sec. 7. The City Council shall have power to pro- 
 vide by ordinance for filling of temporary vacancies ™ng vacan- 
 in any subordinate office, where the same shall occur 
 from sickness, absence from the city, or inability on the 
 part of any officer, or sudden death, until the same can 
 be tilled as is provided by ordinance, or another elected. 
 
 Sec. 8. The Mayor and Aldermen of the town of 
 Davenport shall cause this act to lie published in each 
 of the papers of said town, or they may provide for the 
 publication and distribution of one hundred copies 
 among the inhabitants of said town ; and ten days after 
 the publication or the distribution of the copies herein 
 provided for, for an election for or against the adoption Vote for ndop- 
 of this charter ; such election shall be holden in some charter 
 public place therein, where all the voters may attend 
 during the day between the hours of 10 a. m. and 1 p. 
 m., and vote by ballot “ for new charter” or “ against 
 new charter,” and if “for new charter ” shall have a 
 majority of the votes cast “for” and “against,” this 
 charter shall immediately take effect as a law ; but if a 
 majority of the votes given be against the adoption of 
 this charter, then this act to be of no effect. 
 
 Sec. 9. All ordinances and resolutions passed bv the Town ord j: 
 Mayor and Aldermen of the town of Davenport shall ued - 
 remain in force until the same shall have been repealed 
 by the City Council of Davenport. The boundaries of 
 the wards of the city shall (until otherwise changed by 
 the City Council of the city of Davenport) be the same 
 as those heretofore of the town of Davenport ; all 
 actions, tines, penalties, and forfeitures, which have 
 accrued to the Mayor and Aldermen of the town of 
 Davenport, shall be vested in and prosecuted by the 
 corporation hereby created. All property, real, per- Property ami 
 
 , , . .. - . 71 rights of town 
 
 sonal and mixed, lieretotore belonging to the Mayor and given to cit y* 
 Aldermen of the town of Davenport, shall be and the 
 same is hereby declared to be vested in the corporation 
 
CITY CHARTER AND AMENDMENTS. 
 
 Appeal allowed. 
 
 Ministerial offi- 
 cers may act in 
 county. 
 
 Deputy Mar- 
 shal. 
 
 Public act. 
 
 56 
 
 hereby created. This charter shall not invalidate any 
 act done by the Mayor and Aldermen of the town of 
 Davenport, nor divest them of any right which may 
 have accrued to them prior to the passage of this act ; 
 but the same shall inure to and be enjoyed by the cor- 
 poration hereby created. 
 
 Sec. 10. Appeals shall be allowed from decisions 
 in all cases arising under the provisions of this act or 
 any ordinance passed in pursuance thereof, to the Dis- 
 trict court of Scott county. Any and every such appeal 
 shall be taken and granted in the same manner and 
 with like effect as appeals are taken from and granted 
 by Justices of the Peace to the District Court under the 
 laws of this State. 
 
 [By the amendatory act of January 23, 1857, the 
 following further provision is made concerning appeals: 
 a The said city of Davenport shall have the right of ap- 
 peal to the District Court of Scott county, from decis- 
 ions in all cases arising under the provisions of the 
 charter of said city, and the amendments thereto, or of 
 any ordinance passed in pursuance thereof.”] 
 
 Sec. 10 ( continued .) — The City Marshal or any officer 
 authorized to execute writs or other process issued by 
 the Mayor, shall have power to execute the same any- 
 where within the limits of Scott county, and shall be 
 entitled to the same fees for traveling as are allowed to 
 Constables in similar cases ; and in case of the interest, 
 inability or disqualification of the Marshal to act in any 
 station or position hereby created in this act, the Mayor 
 shall have authority to deputise such person as he may 
 think proper, by writing on the process to be served or 
 executed, that such person is so deputised, who shall be 
 vested with all the power and authority of such Mar- 
 shal for the time being. 
 
 Sec. 11. This act is hereby declared to be a public 
 act, and may be read in evidence in all the courts of 
 law and equity in this State without further proof. All 
 acts or parts of acts coming within the provisions or 
 pervue of this act, or contrary to, or inconsistent with 
 
CITY CHARTER AND AMENDMENTS. 
 
 its provisions on the taking effect of this charter, are 
 hereby repealed. 
 
 Sec. 12. The Mayor and Clerk shall sign all by- ordinances 
 
 ^ . . signed. 
 
 laws and ordinances passed by said corporation, and 
 the same shall he carefully filed and preserved by the 
 Clerk. All bills, bonds, notes, drafts or contracts, contracts, 
 ordered by said corporation, shall he signed by the 
 Mayor and attested by the Clerk ; and all hills, bonds, 
 notes, drafts or contracts so signed or attested, and in 
 case of bonds or contracts under seal, sealed with their 
 common seal, shall be valid and binding on said corpo- 
 ration, in law and equity, in every court in Iowa. 
 
 Sec. 13. The SERVICE OF ALL PROCESS AGAINST said Service of 
 city of Davenport, shall be by leaving with the Mayor, 110Ctf5 “ 
 or in his absence, with the Clerk, a certified copy 
 thereof, and in case of subpoena in chancery, a certified 
 copy of the bill also. 
 
 Sec. 14. Ho Alderman shall receive any compensa- compensation 
 tion for his services as such, for serving on committees ofAldermen - 
 created by the City Council, nor hold any office or 
 station under this charter, unless an ordinance provid- Disqualified 
 ing for such service and compensation, and the amount certain offiSL 
 of such compensation shall have been adopted by said 
 City Council, and submitted to the voters of said city, 
 and a majority of the votes cast are in favor of the 
 same ; but they shall be exempt from the three days’ 
 work on the streets, sidewalks and highways herein ? 0 ad™?ork rcm 
 provided for, and be eligible to act as judges and clerks 
 of elections under this charter. 
 
 [The above is section 14, of Art. 8, of the original 
 charter. It was amended by the amended charter of 
 January 23, 1857, as follows :] 
 
 Said City Council is hereby authorized to grant and 
 allow, by ordinance, such compensation to the Aider- 
 men of said Council for their services as shall be 
 approved by a vote of two-thirds of all the members 
 elected. — {Sec. 25 of Amended Charter .) 
 
 Sec. 15. Any failure to hold any election or Forfeitm . e of 
 expression of opinion provided for under this charter, against guarded 
 
CITY CHARTER AND AMENDMENTS. 
 
 Police Magis- 
 trate. 
 
 Jurisdiction, 
 
 58 
 
 shall not operate as a forfeiture thereof, but in case of 
 the Mayor and Aldermen of the town of Davenport 
 failing to provide for the election or vote to be had 
 (herein provided for) by them, the same may be holden 
 on any day thereafter, and the said Mayor and Aider- 
 men of said town shall see that due notice is given, and 
 the election or vote had, which may have been neglected 
 or omitted to be held or had, in this act required of 
 them. And in cases of the failure and neglect after this 
 charter shall take effect, of the City Council, at any 
 time, to hold or cause to be held an election or vote to 
 be had which may be required of them, the same shall 
 work no forfeiture of this charter ; but such election or 
 vote may be held at some future time thereafter, as may 
 be provided for by said City Council, nor shall the 
 office of Mayor, Alderman, or any other office become 
 vacant by such failure ; but the incumbent of such office, 
 if otherwise qualified, shall continue and be entitled 
 to all the rights and privileges of said office, and exer- 
 cise the same until his successor shall be duly elected 
 or appointed and qualified. 
 
 [The following section creating the office of Police 
 Magistrate is taken from the amended city charter of 
 January 23, 1857.] 
 
 Sec. 26. At the first election for Mayor and Aider- 
 men, after the taking effect of this act, and every 
 second year thereafter, there shall be elected, by the 
 legal and qualified voters of said city, a Justice of the 
 Peace, who shall reside in, and be a qualified voter of 
 said city, who shall be called a Police Magistrate, who 
 shall have and possess all the powers and jurisdiction 
 of other justices of the peace in Scott county, and 
 concurrent jurisdiction with the Mayor of said city, 
 in all cases arising under the ordinances of said city, 
 who shall take the same oath of office, and qualify as 
 other justices of the peace of Scott county, and who 
 shall hold his office for the term of two years, and until 
 his successor is elected and qualified. 
 
CITY CHARTER AND AMENDMENTS. 
 
 [The following section is from the amended city 
 charter of January 23, 1857.] 
 
 Sec. 2. The City Council shall have power, by Special grading 
 
 17 1 t and paving tax 
 
 ordinance, to levy and collect a special tax on the &c * 
 owners of lots on any street, lane, avenue, alley, or block, 
 or the side of a block, fronting, or lying on any alley, or 
 part of any street, lane, avenue or alley, according to 
 their respective fronts owned by them, for the purpose 
 of paving or grading the sidewalks ; grading, paving, 
 or macadamizing such streets, lanes, avenues and alleys, 
 or parts thereof, and for lighting the same, on being 
 petitioned so to do by the owners of more than half the 
 property so to be taxed. 
 
 [The following section is from the amended, charter 
 of January 22, 1855.] 
 
 Sec. 0 . All the powers provided in the Code for the 
 organization of cities are hereby conferred on the city 
 of Davenport. 
 
60 
 
 ADDITIONAL NOTES TO CITY CHARTER. 
 
 ADDITIONAL NOTES TO CITY CHARTER. 
 
 SECTION I-ROWERS OF CITY. 
 
 Charter — Public Act. — Being a public act, the 
 charter will he judicially noticed without being specially 
 pleaded. 4 Pet., 152, 167 ; 4 Cranch, 384. Ante p. 56. 
 
 Charter cannot be Specially Amended.- — By the 
 new constitution of Iowa the Legislature is prohibited 
 from passing special charters for cities, or from passing 
 special acts amending the charters of cities. Such acts 
 to be binding must be general and of uniform operation. 
 Ex parte Pritz , (relating to amendment of city charter 
 of Davenport adjudged unconstitutional), 9 Iowa Rep., 
 30 ; and see Davis v. Woolnough , 9 id., 104 ; 10 id., 
 145, (Dubuque City Court) ; McGregor v. Eagles , (City 
 Court case), 18 Iowa Rep. ; 14 Iowa, 214. 
 
 Meetings, Regular, Special, and Adjourned — No- 
 tice. — If a quorum be present at a regular meeting, 
 absent members are bound, it being their duty to attend ; 
 and they are likewise bound by the proceedings of an 
 adjourned meeting to complete unfinished business of 
 the first meeting. It has been held (but quere) that if 
 all are not present at a regular meeting, it is not com- 
 petent to appoint and hold a future meeting to consider 
 new matters unless all have actual notice. 
 
 Of a special meeting all must, certainly if within the 
 city, be notified. Pope v. Batcheler , 22 N. Y., 128 ; 
 see 21 id., 296 ; 5 Eng. L. and Eq., 16 ; 12 Met., 99 ; 
 4 Cush., 439, 494 ; 5 Cush., 269 ; 2 Pick., 345 , 355 . 
 
 Council, at a due and legal meeting, have the right 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 61 
 
 to adjourn to another day, and to another place if 
 within the corporate limits. Chamberlain v. Dover , 1 
 Sliep. (Me.,) 472 ; People v. Martin , 1 Seld. (17. Y.,) 22 ; 
 41 Maine, 241 ; 12 Metcalf, 99 ; 2 Pick., 397. 
 
 Quorum of Council. — That less than a quorum was 
 present may he shown by oral evidence, (13 Ind., 58), 
 if it does not appear of record ; and if shown, the acts 
 are void. 20 Ind., 315. Ante p. 29, note. 
 
 Adoption of Charter by Voters. — Submission of 
 charter to voters for adoption. Foote v. Cincinnati , 11 
 Ohio R., 408. 
 
 Cities and Counties, Ac., Distinguished. — Distinc- 
 tion between municipal corporations proper, such as 
 cities, and involuntary quasi corporations , such as town- 
 ships, counties, and school-districts, see Commrs ., c&c., 
 v. Mighels , 7 Ohio St. Rep., 109, 116, 118, per Brink- 
 erhoff, J. ; 12 id., 375. 
 
 Ayes and Hays. — Charter provision requiring ayes 
 and nays to be called, held directory and not manda- 
 tory. 7 Hill, 9, 24, 29 ; S. C. 2 Denio, 323 ; 2 Hill, 20 ; 
 25 Wend., 693. 
 
 City Council — Must Act Officially. — Acts * and 
 contracts of even a majority of Aldermen out of session 
 and without any official action of the Council are not 
 binding upon the city. 7 Cray, 12; 13 Id. 347. 
 
 Action of Council de facto. — The action of a de 
 facto council or alderman is valid. 5 Hill, (H. Y.) 616; 
 17 Ohio Rep., 143; 6 Wend., 422; 9 Johns, 147; 16 
 Iowa, 369 ; 7 Cow., 23 ; 21 Pick., 75. This rule would 
 not apply to mere usurpers. 
 
 Power not to be Delegated. — A City Council can- 
 not delegate even to the Mayor its legislative and dis- 
 cretionary power. 4 Cusli., (433 and cases. See, also, 
 5 Cush., 269 ; 11 Cush., 433. 
 
 City cannot lend its Credit.— City cannot lend its 
 credit, or make accommodation paper. Cla/rh v. Des 
 Moines , 19 Iowa Rep. 
 
ADDITIONAL NOTES TO CITY CHARTER 
 
 62 
 
 Dissolution of Corporation. — C orporation is not 
 dissolved by the resignation of its officers. Tarn Verein 
 v. Funck , 18 Iowa Rep. IIow dissolved, 24 Pick., 52 ; 
 
 5 Mass., 230, 232 ; 7 Mass., 169 ; 22 Pick., 122 ; 18 
 IIow., U. S. Rep., 480, (question largely discussed). 
 
 Contracts, Deeds, &c. — P ersons cannot contract with 
 a municipal corporation, except through its authorized 
 agents, and they are chargeable in law with notice of 
 the limitations of official authority imposed by general 
 laws. Donovan v. Mayor , dk?., of New York , 33 H. Y. 
 Rep., 291, 293, per Porter, J., and cases cited. 
 
 Payment of Contractors. — W here equitable, a cor- 
 poration may voluntarily increase compensation of con- 
 tractor. Meech v. Buffalo , 29 H. Y. Rep., 198 ; see also 
 13 K Y., 143 ; 19 id., 116. 
 
 Control over Contract. — A reservation by city of 
 the right to make alterations in work, is binding ; but 
 such reservation does not authorize it to annul the con- 
 tract, or stop the work in an unfinished state. Clark v. 
 The Mayor , 4 Comst., 328. 
 
 Contracts — Ratification. — C ouncil may ratify unau- 
 thorized acts of its agents which are within the corpo- 
 rate powers. For this doctrine and its limitations, see 
 17 N. Y., 449; 19 id., 207, 208; 2 Denio, 110; 5 id., 
 567; 17 H. Y., 584; 20 id., 312; 2 Hill, 159, 176; 8 
 Am. Law Reg., 693; 8 Post., 65; 32 N. H., 118; 35 
 id., 477; 1 Pick., 372; 7 Cranch, 299; 2 Fairf. (Me.,) 
 60. Limitations on this doctrine, stated by Denio, J., 
 17 H. Y., 449, 454; 4 Cush., 494. 
 
 Contracts — Accepting Work. — E ffect of accepting 
 work not authorized, or not done according to contract 
 and by whom accepted, see 32 N. II., 125 ; 7 1ST. H., 15 ; 
 
 6 K LI.. 15 ; 13 Pick., 343 ; 14 Maine, 20, 25 ; 30 ib., 
 157, 160 ; 15 id., 306, 308 ; 38 id., 164 ; 2 Cush. 419, 
 426 ; 4 Cush., 494 ; 13 Gray, 347. 
 
 Market House, Town Hall, tfec. — Power of cities 
 and towns to provide for city or town hall, market 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 63 
 
 house, public clock, scales, and the like, but not for 
 threatres, celebrations, and the like, see 13 Mass., 272 ; 
 19 Pick., 485, 487; 23 id., 71; 12 id., 227, 230; 10 
 Cush., 252 ; 4 Gray, 502 ; 23 Pick., 71 ; 2 Denio, 110 ; 
 1 id., 510. 
 
 Corporate Seal — Implied Promises. — The city, 
 within the scope of its powers, may bind itself by a 
 vote, and the authentication of its acts by its corporate 
 seal is not indispensable. It is in certain cases liable 
 upon implied as well as upon express promises. City 
 of Davenport v. Ins. Co ., 17 Iowa Rep., 276, citing 
 many of the cases establishing the above principles of 
 law. 
 
 Deeds — How and by whom Executed. — Where the 
 city charter, which is a public law, authorizes the ap- 
 pointment of a Mayor pro tempore , a deed offered in 
 evidence purporting to have been executed by such an 
 officer, on which the seal of the corporation is duly 
 affixed, and the execution duly attested by the Recorder, 
 and which was properly acknowledged and recorded, 
 the officer certifying in the acknowledgment that the 
 person executing the deed for the corporation was per- 
 sonally known to him as the identical person whose 
 name is affized to the deed as President pro tempore of 
 the City Council and acting Mayor of the city, and that 
 he acknowledged the instrument to be his voluntary act 
 and deed as such President and acting Mayor, &c. : 
 shows prima facie the party thus executing such deed 
 was at the time the Acting Mayor of the city, and 
 may be admitted in evidence without further proof as 
 to the official character of such Acting Mayor. Mid- 
 dleton Bank v. Dubuque , 19 Iowa Rep. (This decision 
 is applicable under the charter of the city of Daven- 
 port.) 
 
 Real Estate. — A city may hold property in trust 
 for purposes not foreign to its institutions and powers : 
 as receiving land to build city hall and for other public 
 purposes. 8 Johns., 422 ; id., 385 ; 4 Ohio R., 157; 9 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 64 
 
 Johns., 73 ; 2 Wend., 109 ; 7 Johns. Ch. R., 292; see 
 city charter and notes ante. 
 
 License Power of City valid. — Power to a city “to 
 license, tax and regulate hawkers, transient merchants, 
 pedlars and pawnbrokers,” is not unconstitutional. City 
 dec., v. Clutch , 6 Iowa Rep., 546. (This is applicable 
 to Davenport, whose charter contains a similar author- 
 
 ity-) 
 
 Power of City to license Relailers of Liquors, 
 &c. — In the City of Burlington v. Keller , 18 Iowa 
 Rep., 60, the Supreme Court decided the following 
 important questions — closely applicable to many ques- 
 tion which may arise under the charter of Davenport 
 and future ordinances : 
 
 1. Intoxicating Liquors — Repeal of City Charter. 
 So much of section 15 of chapter 54 of the laws of 1845 
 (Burlington city charter], as conferred upon the com- 
 mon council of the city of Burlington the power to 
 grant licenses to “retailers of spirituous liquors by less 
 quantity than a quart, keepers of ale and porter houses,” 
 was repealed by section 936 of the Code of 1851. 
 
 2. Non-revwor of statute. The provisions of 
 
 chap. 143 of the laws of 1857-8, making the “manufacture 
 and sale of beer, cider from apples, or wine from grapes, 
 currants or other fruits grown in this State,” lawful, 
 did not revive the provisions of said charter, repealed 
 by the Code of 1851. 
 
 3. Statute construed. Section 15 of chapter 54 
 
 of the laws of 1845, conferred upon the city of Bur- 
 lington the power to grant or refuse licenses to tavern- 
 keepers, inn-keepers, retailers of spirituous liquors by 
 less quantity than a quart, keepers of ale and porter 
 houses, and shops and all other houses of public enter- 
 tainment.” After its enactment the legislature of the 
 State made the sale of intoxicating liquors illegal, and 
 repealed that portion of the above act that authorized 
 a license for the sale thereof : Held , that subsequent 
 legislation did not confer upon the City Council power 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 65 
 
 to grant or refuse licenses for the sale thereof under the 
 unrepealed authority to grant or refuse licenses “to all 
 other houses of public entertainment.” 
 
 4. Construction of Statutes — History. In construe- 
 ing the language of a statute the history of the legis- 
 lation affecting such statute will always he considered. 
 
 5. Effect of partial repeal. The repeal of a 
 
 part of a statute cannot have the effect to so enlarge 
 the meaning of the language which remains as to make 
 it include all that was in the statute before the repeal. 
 
 6. Corporations — Powers. Authority conferred upon 
 municipal corporations is to be strictly construed and 
 closely pursued. 
 
 7. Burlington — Ordinance invalid. The ordinance 
 of the city of Burlington, passed Hoy. 3d, 1862, pro- 
 hibiting within said city the keeping of “any house or 
 place where persons resort for the purpose of drinking 
 wine, beer or ale or other malt or spirituous drinks,” 
 without a license from the authorities of said city, is 
 invalid, and no prosecution can be sustained there- 
 under. 
 
 8. Statute — Conflict with ordinance. Where a stat- 
 ute of the State conflicts with the ordinance of a mun- 
 icipal corporation, the former prevails. 
 
 9. Municipal Corporations — Imprisonment. A 
 municipal corporation can inflict imprisonment as a 
 penalty for a violation of its ordinances, only when 
 the power is given by the charter. 
 
 10. Power to regulate sale. A municipal corpo- 
 
 ration, invested with the necessary power in its charter, 
 may regulate the sale of intoxicating liquors within its 
 limits, to the extent of prohibiting such sale by persons 
 who are not licensed therefor, though the sale of such 
 liquors be not prohibited by the laws of the State.” — 
 See State v. Harris , 10 Iowa, 441. State v. Gurlock , 
 14 Iowa R., 444. 
 
 License. — What power is given. Under authority 
 9 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 66 
 
 “ to license and regulate,” city may require license to 
 be taken out and charge a reasonable sum for issuing 
 the same, but this does not authorize a tax upon the 
 occupation thus licensed. When right to tax or require 
 a license exists see Cin. v. Bryson , 15 Ohio R„ 625 ; 
 (< quere as to result upon the facts.) See, also, 1 Ohio 
 St. R., 268 ; compare 11 id., 534 and see 10 Ohio R., 
 261 ; 3 B. Mon., 133; 11 Gill & J., 506 ; 1 Humph., 
 (Tenn.) 210 ; Jonas v. Cin ., 18 Ohio, 318 ; 5 Cow., 
 462. (By the city charter of Davenport, (Art. 5, Sec. 
 2,) express power is given “to license, tax and regu- 
 late” various employments — thus conferring the power 
 to tax in express words). 
 
 Garnishment of Corporations. — Garnishment of 
 Mayor, Recorder, and Treasurer of a city, by notice to 
 them as such officers, is not a garnishment of the cor- 
 poration. Claflin v. Iowa City , 12 Iowa Rep., 284; 
 see Revision 1860, Sec. 3196 ; compare Burton v. Dist. 
 Town. dec., II Iowa Rep., 166 ; Wales v. Muscatine , 4 
 id., 302. 
 
 t Scrip — Can’t pay Judgment in. — City cannot compel 
 judgment creditor to take scrip in payment of his judg- 
 ment. Clark , Dodge <& Co. v. Davenport, 12 Iowa 
 Rep., 335. 
 
 Nuisances. — Manner of enforcing tines under Chap. 
 42 of Code 1851. Gosselink v. Campbell, 4 Iowa 
 Rep., 296. 
 
 Statute of Limitations. — Decided in Ohio that mu- 
 nicipal and public corporations are within the statute 
 of limitations the same as natural persons. Cincinnati 
 v. The Church, 8 Ohio R., 298, 1838 ; followed in Same 
 v. Evans, 5 Ohio St. R., 594, 1855. (There may be 
 some doubt as to, or limitations upon this doctrine.) 
 
 Appropriations of Money. — City Council have no 
 power to provide public entertainments for guests at 
 expense of city, or appropriate money to celebrate the 
 4th of July — these not being among its granted powers. 
 Hodges v. Buffalo, 2 Denio, 110 ; 1 Denio, 510. 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 67 
 
 Recovering Back Money. — If city pays money vol- 
 untarily without any fraud or mistake of fact, it cannot 
 recover it back though the claim could not have been 
 legally enforced against it. 9 Cow., 671; 1 Wend., 
 355 ; 2 Denio, 26, 40 ; 2 Hill, 135 ; 39 Maine, 183 ; 41 
 Maine, 246. (See City Charter ante and notes.) 
 
 Rewards. — City may offer rewards in cases in which 
 it has an interest. 7 Cray, 272; 5 Cush., 219; 7 Gray, 
 374, (reward for incendiary). 
 
 Riots — Mobs. — Authority of city to suppress riots, 
 see ( Anthony Burns case) 5 Gray, 121. 
 
 Amount of Debt — Limitation. — Limitations upon 
 corporations respecting amount of indebtedness they 
 may create, see Wyncoop v. Church , 10 Iowa Rep., 185; 
 Gas Co. v. Davenport , 13 id., 229 ; Rice v. Keohuh , 15 
 id., 579 ; 24 How., 287 ; compare 11 Ohio St., 183 ; 
 Avery v. Mayor , 24 How. (H. S.), 372 ; Jones v. Cin ., 
 18 Ohio, 318, 322 ; 17 1ST. Y. Rep., 110 ; 1 Clinton’s 
 H. Y. Dig., “Buffalo” Sec. 2. 
 
 The constitutional limitation on State indebtedness 
 does not, it is held in Ohio, apply to towns and cities. 
 Cass v. Dillon , 2 Ohio St. R., 607. 
 
 Taxation and Local Assessments. — What may 
 
 taxed under power to tax “all property withir 
 
 city,” 14 Ind., 27, 354 ; 21 Ind., 261, (bank stoc’ ' the 
 
 Ind., 335, (pork killed and stored in city) ; 18 T ’ P 
 
 ind., 33. 
 
 Taxation. — City cannot discriminate and 1 
 eral tax upon the real , thereby exempting a ^ en ' 
 
 property. 2 Black, U. S., 510 ; 9 Wis. 
 
 242, 282 ; 5 Ohio St., 589 ; 3 id., 1. 
 
 che personal 
 410 ; 10 id., 
 
 Taxation. — General Laws of St 
 general laws of the State apply to 
 Rep., 387; id., 388, note , and rer ^ * ‘ 
 
 Sol; and see 10 Wend., 186; 1' °f Demo ; J.,p. 
 
 17 Wend., 234, 19 Johns., 248 
 
 ate. — How far the 
 cities, see 20 1ST. Y. 
 
 compare 
 
 Mandamus to levy Tax, . n ^ 1 
 
 ’ ^c.— Mandamus to compel 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 68 
 
 levy of tax, when? see The State v. Com ., 6 Ohio St. 
 R, 280 ; 8 id., 317 ; 1 id., 119 ; 19 Ohio, 115. 
 
 To compel the drawing of an order, when ? 1 Ohio 
 
 St., 322 ; 19 Ohio, 116. 
 
 Local Improvement. — In making local improvements 
 the city must strictly pursue the power given it. And 
 the same rule applies to its exercise of the right of 
 eminent domain. 2 Seld., 92 ; 9 Barb., 152 ; 23 Wend., 
 158; 1 Denio, 520 ; 1 Hill, 76; 15 H. Y. 512; 17 H. 
 Y., 383; 8 id., 120; 3 Johns. Gas., 107; 1 Seld., 431; 
 8 Ind., 31, 37; 1 Hill, 92; 12 Wheat., 40 ; 17 Ind., 
 169 ; 29 H. Y., 198. 
 
 Amount of Property represented. — Humber of 
 owners and of feet to be represented, see 8 Ind., 31; 
 15 Ind., 112. 
 
 Local Assessments. — Re-assessment. — Re-assess- 
 ment for local improvement, when lawful ? Butler v. 
 Toledo , 5 Ohio St. Rep., 225. 
 
 When assessment is a personal charge, see 17 H. Y., 
 383 ; 12 K Y., 110. 
 
 SECTION 2. -RECORDS. 
 
 Records — upon whom binding. — Records of a public 
 U)oration not binding upon third persons, who may 
 the truth in evidence. This is clearly the case 
 the record or journal of the corporation is silent. 
 wen v. Cline , 5 Ohio R., 136 ; 8 id., 310 ; 9 
 1 Cart. (Ind.), 281; compare 15 Wend., 397. 
 
 coi^ 
 shov/ 
 where 
 Westerh 
 Iowa, 511 
 
 parol evidence. — As to parol evidence of 
 vtions, see 12 Wheat., 61, 71, per Story 
 Redf. on Railways, p. 21, note / 1 
 270 ; 8 Ind., 501, 
 3 H. II., 493, 199 ; 1 Fost., 309 ; 
 Y ! ; 6 Pick., 16 ; 18 Maine, 311; 
 
 373. As 
 
 Records— 
 acts of corpor 
 
 J. ; 12 Ind., 16* „ n 
 
 Ind., 281; Angei „ _ 
 
 507 ; 17 Ind., 175 ; 
 
 id., 296 ; 13 Maine, . . ., 
 
 17 id., Ml ; 36 id., 74 , ' 42 b o9 ° ’ 30 . . 
 
 to conclusiveness of rec, of fects spearing on then- 
 
 face, see 11 Ind., 424 ; 5 
 
 Ohio, 358; 17 111., 151. 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 G9 
 
 Records — amendment of. — Records of corporation 
 may be amended according to the facts, by the person 
 in office at the time. 11 Mass., 477, 481; 21 Pick., 75; 
 12 Met., 105; 13 Me., 466; 11 Fost., 501; 8 id., 58, 
 66 ; 9 K II., 168 ; 10 K H., 291 ; 12 K II., 340 ; see 
 practice when officers out of office, 37 H. II., 306, 311. 
 
 Records — Mandamus. — Delivery to official successor 
 will be enforced by mandamus. 3 Mass., 285 ; 19 H. 
 II., 215; 2 Pick., 397; 21 Pick., 148; 7 Cush., 226, 
 239 ; 14 Gray, 163. See 17 Iowa, 525 (as to replevin), 
 and compare 21 Pick., 148 ; 44 Maine, 374 ; 3 Cush. 549. 
 
 SECTION 3.-WHARVES, DOCKS AND PIERS. 
 
 License from owner of land not demandable. — 
 A wharf license, it seems, cannot be required from the 
 riparian owner for his own boat , fastened to his own 
 land, though within the city limits. McLaughlin v. 
 Stevens , 18 Ohio R., 94 ; see 11 id., 138 ; 1 Ohio St. R., 
 222. Wharves and piers, see further, 13 Wend., 289 ; 
 2 Denio, 625 ; 11 H. Y., 115 ; id., 461 ; 1 Caines’ Rep., 
 543; 5 Sandf., 16; affirmed 10 K Y., 567; 7 Hill, 
 429 ; 5 id., 71 ; 9 Wend., 571 ; 4 id., 4 ; 8 Cow., 146 ; 
 24 How., 188 ; 19 id., 263 ; 17 id., 426. 
 
 Wharves — Public and Private. — See 1 Black (U. 
 S.) Rep., 23. 
 
 Wharf — Liability of City. — A city is liable for 
 special injury for neglecting to keep its toll or pay 
 wharf in order. 22 Pa. St., 54, commented on ; 36 H. 
 H., 284, 295. 
 
 “ Reserved Landing” — Wharf and Wharfage. — 
 In Grant , Receiver , v. City of Davenjport , (18 Iowa 
 Rep. 179), the Supreme Court decided the following 
 points with respect to the property known as the “ Re- 
 served Landing ” and the right of the city to collect 
 wharfage thereat ; the decision denying the right of the 
 city to collect wharfage at that landing, but perhaps 
 not deciding upon the right of the city to require boats, 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 70 
 
 except those of the owner of the private wharf, to land 
 at the pnblic wharf. The questions decided by the 
 Court are thus stated by the Reporter : 
 
 Grant , Receiver , v. The City of Davenport , 18 Iowa 
 Rep., 179. 
 
 1. Dedication — Wharf • Municipal Corporation . 
 The proprietor of lands, in laying out and platting the 
 the same, as an addition to an incorporated town, by the 
 plat declared that the “ streets, roads, alleys, and public 
 grounds are donated, granted, appropriated to public 
 purposes, for the uses therein specified,” but marked 
 one tract, which was bounded on three sides by public 
 streets and on the fourth by a navigable river, by lines 
 which separated it from the streets, and by the words 
 u Reserved Landing.” Held , that the donor retained 
 the title and the right to use the tract so reserved for his 
 own benefit, to the exclusion of the public. 
 
 The case of McManus v. Carmichael , 3 Iowa, 1, 
 
 considered and distinguished ; and Cowles v. Gray , 14 
 Iowa, 1, cited and followed. 
 
 2. Estoppel — Corporation . The proprietor, in plat- 
 ting an addition to an incorporated town, marked a cer- 
 tain tract of land bounded on one side by a navigable 
 river, “ Reserved Landing ;” the council of the corpo- 
 ration, by ordinance, released to the owner, as to a por- 
 tion of said land, “ all right and claim of the corpora- 
 tion to control said property, or the use of any part 
 thereof, further than the right of said corporation over 
 any other private property within the limits of said cor- 
 poration,” which release was subsequently extended by 
 ordinance to all of said property ; — after which the said 
 corporation authorized the erection of mills on said 
 premises, by the grantees of said owner, and also of a 
 bulkhead to protect the landing thereon ; and the county 
 commissioners, in the exercise of a power conferred by 
 law, declared said landing vacated as a part of the plat 
 of said corporation ; the grantees of the original owner 
 thereafter erected mills and made other improvements 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 on said premises, and remained in the use and posses- 
 sion of the same for a long series of years. Held , that 
 said corporation was by its own acts estopped from 
 denying the right of the owners of said “private land- 
 ing ” to its exclusive use. 
 
 Argu. 1. Corporation— parol contract.— A release by a municipal corporation of a 
 claim to the use of real property, by ordinance and not by deed, will be en- 
 forced by a court of equity when the releasee has paid the consideration, or 
 entered into the possession and made valuable improvements. 
 
 3. Wharf— private. When a private wharf was 
 
 erected upon land within the limits of a municipal cor- 
 poration, but which was not dedicated to the public use, 
 the council of which was authorized by its charter “ to 
 regulate public wharves and landings, and to regulate 
 the erection and repair of private wharves, and the rate 
 of wharfage thereat,” and also “ to make wharves in 
 the river, and to alter, widen, control, straighten and 
 discontinue the same,” under which it improved the 
 public wharves, and permitted the improvement of such 
 private wharf by the owners thereof at a heavy ex- 
 pense; and such owners remained in the undisputed 
 possession of the same, using it with the public for a 
 long series of years, asserting however their exclusive 
 right where the necessities of their business demanded 
 it, it was held that the corporation could not, without 
 compensation to such owners, appropriate to its own 
 use the benefits of such wharf by demanding and re- 
 ceiving wharfage of the steamboats landing thereat. 
 
 d. Riparian Owners. The riparian proprietor 
 
 of land situated outside of an incorporated town or city 
 has a right to erect private wharves or landings on the 
 shores of navigable waters, if they conform to the State 
 regulations (if any) and do not obstruct the paramount 
 right of navigation ; but wharves erected within the 
 corporate limits of any town or city must yield to the 
 paramount right of the corporation, when granted by 
 the law by which the corporation is created. 
 
 5. Power to Regulate. The power conferred 
 
72 
 
 ADDITIONAL NOTES TO CITY CHARTER. 
 
 upon a municipal corporation to regulate the repairs 
 and rates of wharfage charged at a private wharf does 
 confer the power to destroy them. (18 Iowa R., 179). 
 
 For action of town council of Davenport in relation 
 to “ Reserved Landing ” see records of June meeting, 
 1816, and of June 25th, 1847. 
 
 Power over River. — The charter gives the city full 
 power to prevent obstructions to the navigation of the 
 river, and to abate and remove them even though the 
 party erecting is the owner of the adjacent land. Ilart 
 v. Albany , 9 Wend., 571 — valuable case, affirming S. C. 
 3 Paige R., 213, relating to a floating store house. 
 
 SECTION 4. — CITY OFFICERS ; DUTIES AND LIABILITIES. 
 
 Mayor — power and duties. — The powers and duties 
 of Mayor depend entirely upon the charter and ordin- 
 ances. 12 Ind., 569; 14 id., 93. As to office of Mayor, 
 consult 4 Jac. Law Diet., 264 ; 21 Me., 550 ; 14 111., 
 419 ; 4 Dali., 229 ; 3 Yeates, 300 ; 3 Harring. (Del.), 
 294 ; Ackley's case , 4 Abb. Pr. Rep., 35. 
 
 Mayor — judicial jurisdiction. — The Mayor, though 
 a citizen of city, may be invested with lawful authority 
 to try complaints for violation of ordinances. Thomas 
 v. Mt. Vernon , 9 Ohio R., 290. 
 
 Mayor’s Judicial Duties — Absence or Inability. — 
 If charter authorizes a Justice to act when Mayor is 
 absent or unable to do so, the record should show that 
 fact. Muscatine v. Steck , 7 Iowa, 505 ; see and compare 
 Corbin v. Hills , 19 Iowa Rep. ; Dubuque v. Hebman , 1 
 Iowa Rep., 444. 
 
 Appeal. — Under the city charter of Davenport, an 
 appeal lies from decisions of Mayor or Police Magistrate 
 to District Court. See also Dubuque v. Hebman , , 1 
 Iowa R., 444 ; S. B . v. Shaw , 2 G. Greene, 91 ; Conboy 
 v. Iowa City , 2 Iowa Rep., 90. 
 
 Election — eligibility. — Law stated where highest 
 candidate is ineligible ; must there be a new election, 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 73 
 
 or is tlie highest eligible candidate elected ? This de- 
 pends on circumstances. Mind., 93; 12 Geor. R., 23; 
 1 Chandl. (Wis.), 112 ; Grant on Corp., 208 ; Cush. 
 Law of Legisl. Ass., 66, 67 ; 10 Ind., 62. 
 
 Vacancy Defined. — 7 Ind., 326. (See City Charter 
 as to vacancies in certain cases.) 
 
 When it may not Indemnify its Officers. — City 
 cannot indemnify officers in suits in which it has no in- 
 terest and which can in no way affect the right of the 
 corporation. 3 Comst., 430 ; 5 Barb., 218 ; 3 Denio, 
 381 ; 6 Hill, 244 ; 5 Denio, 517, 521. But may indem- 
 nify them for official acts done in good faith. 12 N. 
 II., 278 (tax collector case) ; 7 Pick, 18; 18 Pick., 566; 
 19 Pick., 516. 
 
 Council — personal liability. — If Council makes a 
 contract not authorized, the city is not liable. Are the 
 officers personally liable ? Where there was on both 
 sides an innocent mistake of law and no personal liabil- 
 ity looked to, it has been decided that they are not in- 
 dividually liable. 18 Ind., 396 ; see 2 Ind., 327 ; also 
 3 K H., 55. 
 
 Personal liability of city officers for refusing to levy 
 a tax, see Oswald v. Thedinger , 17 Iowa Pep., 13. 
 
 Municipal Liability for Act of Officer. — The gen- 
 eral principle rendering the master liable for the tor- 
 tious acts of his servants committed in his service, does 
 not apply to the wrongful acts of the officers of a mu- 
 nicipal corporation, who are elected for a definite term, 
 during which they are restrained and governed only by 
 the statutes which prescribe their duties, which statutes 
 by presumption of law are known to, and by the exer- 
 cise of a reasonable diligence may be practically under- 
 stood by every one who may have business with them. 
 
 1 8 Iowa Rep., 199. 
 
 A county or city is not liable to a tax-payer for mon- 
 eys fraudulently collected by the Treasurer as taxes 
 and applied to his own use. Estep v. Keokuk Co., 18 
 Iowa, 199. 
 
 10 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 74 
 
 Officer — Removal — Notice. — Tlie power or body 
 that appoints may accept resignation, which need not 
 be in writing. 2 Hill, 243 ; 20 Wend., 595 ; 2 Hill, 93. 
 
 Power to appoint, in general, implies power to re- 
 move. 5 Barb., 43 ; see 4 E. E>. Smith, 563. 
 
 (Aldermen should address resignation to City Coun- 
 cil j. 
 
 Officer — removal — notice. — Officer removed by 
 Council is entitled to actual notice thereof, and to com- 
 pensation until he receives such notice. Jarves v. Mayor , 
 2 N. Y. Leg. Obs., 396. Amotion generally, see 13 
 Wend., 473 ; Angell & Ames on Corp. 
 
 Vacancy — removal. — Permanent removal from city 
 vacates office. 1 Pick., 129 ; 10 N. H., 567 ; 11 Fost., 
 304 ; (see also special provision in city charter as to 
 removal of Aldermen from ward). 
 
 Arrests by Marshals. — Arrests by Marshals are to 
 be viewed with reference to the general law. If on 
 Sunday, he should ordinarily take party at once to the 
 magistrate, and not imprison him till Monday. 16 Ind., 
 486 ; 3 Ind., 475 ; id. 479. 
 
 Compensation of City Officers. — The officers of a 
 city must look for their right to compensation and the 
 amount of it to the charter and ordinances. There is 
 no implied liability on the part of the city. If not 
 expressed in charter or ordinance, it does not exist. 
 Baker v. Utica , 19 N. Y., 326 ; 1 Hill, Rep., 362 ; 11 
 Paige, 596. 
 
 Compensation may be changed at pleasure by the 
 Council, even as to existing officers. 1 Seld., 285 ; 7 
 Hill, 81 ; 2 Henio, 272 ; 21 Wend., 563 ; 1 Hilton (N. 
 Y.), 483. 
 
 Salaried officer cannot legally claim extra pay because 
 duties of his office have been increased since the salary 
 was fixed. 1 Hill (N. Y.), 362; 2 Sandf., 318; com- 
 pare 12 Wend., 257, (where the duty was outside his 
 regular duties), 18 Johns., 242 ; 2 Cow., 531 ; id., 533 ; 
 White v. Polk Co 17 Iowa, 413. 
 
ADDITION AL NOTES TO CITY CHARTED. 
 
 75 
 
 The appointment by a Council of a city officer, e. g. 
 Engineer, for a fixed time (one year), at a fixed price 
 (§1,000), constitutes a contract. So held in 7 Gray., 33. 
 
 The right of officer to pay must be given in the char- 
 ter or ordinances, or it does not exist. 13 Gray, 347. 
 
 City Treasurer — liability of city for iiis acts. — 
 City not liable for acts of its Treasurer, outside the 
 scope of his power. 7 Wend., 254 ; 2 Denio, 473, and 
 cases ; 3 K H., 57, 59 ; 4 Allen, 195. 
 
 Liability for Acts of Officers and Servants. — As 
 to corporate liability for acts of its officers, see further, 
 19 Pick., 511 ; 41 Maine, 363 ; 45 id., 496 (important 
 case) ; 32 Maine, 431 (private railway case distin- 
 guished from 19 Pick., 511) ; 18 Iowa, 199. 
 
 Eespondeat Superior. — “ Respondeat superior” when 
 applicable to cities, that is, when cities are liable for 
 the acts of their agents and officers, see 3 Hill, 612, 618; 
 id., 531 ; 2 Denio, 433, and cases cited. See particu- 
 larly 17 H. Y., 104. Pule stated in 3 Gray (Mass.), 
 349 ; approved by U. S. Supreme^Court, 2 Black, 418, 
 ( Chicago v. Bobbins.) See also 1 Allen (Mass.) 101 ; 10 
 Met., 108 ; 4 Allen, 195, 197 ; id., 57 ; 3 id., 166 ; 2 
 Denio, 433, 447. 
 
 City not liable for assault committed by police offi- 
 cers in enforcing an ordinance. Buttrick v. Lowell, 1 
 Allen (Mass.), 417 ; see 4 id., 41, 52 ; 32 N. LI., 435 ; 
 34 id., 306, 312, and cases; 7 Gray, 464; 19 Pick, 511; 
 id., 147 ; 4 Gray, 465. 
 
 Police Officers. — These officers are not known to 
 the common law, and can only exercise the powers 
 granted them by statute and ordinances. 12 Met ., 233 ; 
 9 Metcalf, 259. 
 
 SECTION 5.— DEDICATION OF PROPERTY TO PUBLIC USE. 
 
 Dedication — streets, &c. — If owner plats street and 
 sells lots accordingly this establishes a dedication of the 
 street to the public. Mere platting, without sale, not 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 76 
 
 sufficient. United States v. Chicago, 7 How. B., 185, 
 196 ; 4 Paige B., 510 ; 6 Pet. (U. S.) Pep., 498, 506 ; 
 10 id., 718 ; 21 N. Y., 474 ; 5 Denio, 9, 19; 19 Wend., 
 128 ; 1 Hill, 189, 191 ; 17 Wend., 649 ; 11 id., 486 ; 6 
 Ohio, 298; 7 Ind., 38; 15 Ind., 201; 2 Ind., 420; 7 
 Ind., 641. Width of streets dedicated, see McLaughlin 
 v. Stevens , 18 Ohio P., 94, and cases cited. Cul de sac 
 strip, 21 N. Y., 474. 
 
 Public Grounds — adjacent owners . — The purchasers 
 of property who acquire title with reference to a plat 
 of the town in which it is situated, also acquire as 
 apurtenant thereto a vested right in and to the use of 
 adjacent grounds designated as public grounds in such 
 plat, which right cannot he divested by the owner 
 making the dedication, nor perhaps by the town in its 
 corporate capacity. Leffierv. Burlington , 18 Iowa, 361. 
 
 Dedication of Streets — acceptance necessary. — 
 Where streets are dedicated by private persons, there 
 must be an acceptance by the proper local authorities in 
 order ' to impose upon the city a liability for want of 
 repair ; but this acceptance may be expressed or implied. 
 42 Maine, 9 ; 40 Maine, 154 ; and see 2 Seld., 257 ; 1 
 Pho. Is., 93 ; 5 Strobli., 217 ; 8 Gratt. (Va.), 632 ; 5 
 Cush., 1; 27 Yt., 443; 19 Conn., 154; 2 Greenl. Ev., 
 Sec. 662 ; 19 Pick., 415 ; 13 Met., 10 ; 8 Cush., 195 ; 
 5 Gray, 73 ; 7 id., 338 ; 11 N. H., 413. 
 
 Dedications for “burying grounds,” 6 Hill, 407. 
 “ Public Squares,” 4 Paige, 510 ; 9 Ohio, 80 ; 6 id., 
 298; 18 Ohio, 18; 7 Ohio, pt. 1, page 88; 2Yerm.,480; 
 3 id., 521, 530 ; 6 id., 355 ; 4 Paige, 510 ; 7 Ind., 641 ; 
 meaning defined, 8 Ind., 174; see 7 id., 9. “Court 
 houses,” &c., 5 Ohio, 204; 6 id., 101, 298, 305. “ Pub- 
 
 lic landings,” 20 Wend., Ill ; 22 id., 425; full discus- 
 sion of law and cases. “Market space,” 12 Ind., 620. 
 
 Dedication — parol evidence. — Parol evidence is not 
 admissible to establish intention of donor in dedicating 
 squares or streets. Brown v. Manning , 6 Ohio P., 298. 
 But dedications may be proved by parol evidence. 7 
 Ind., 641 ; 9 B. Mon., 200. 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 77 
 
 Statutory and common law dedications distinguished 
 in Village of Fulton v. Mahenfield , 8 Ohio St. P.,440 ; 
 State v. Hill , 10 Ind., 2, 9 ; 8 Ind., 425. 
 
 Dedication — reverter, when. — T he property reverts 
 to original owner only when the public use becomes 
 impossible, but not upon a mere misuse. Ecpiity will 
 relieve against a misuser and compel the city observe 
 the trust. Barclay v. llowelVs lessee , 6 Pet., 507 ; Will- 
 iams v. The Church , dec., 1 Ohio St., 478 ; Webb v. 
 Moler , 8 Ohio P., 552 ; 4 id., 514 ; 6 id., 298; 7 id., pt. 
 1, page 217. 
 
 Public squares may be enclosed by city. Uses of 
 squares defined, Langley v. Gallipolis , 2 Ohio St. R., 
 107 ; Cone v. Alburger , 1 Wliart. (Pa.), 469. 
 
 Dedication — dower. — -W idow has no dower in land 
 dedicated for streets and squares. Gwynne v. Cin ., 3 
 Ohio Pep., 25. So when lands are condemned and paid 
 for by city, for streets or other public use, widow has 
 no dower. Moore v. Mayor , 8 N. Y., 110 ; see 7 id., 
 314. 
 
 SECTION 6.— streets, bridges, &c. 
 
 Laying Out and Opening Streets — law to be 
 closely followed. — I n taking private property for 
 public use the charter and ordinances must be strictly 
 pursued. Ilarbeck v. Toledo , 11 Ohio St. P., 219 ; 8 
 id., 333 ; Lhjckman v. Mayor , 1 Seld., 439 ; State v. 
 Jersey City , 1 Dutch. P., 310 ; Cin. v. Coombs , 16 
 Ohio, 181. 
 
 Private property cannot be taken for private pur- 
 poses. Beeves v. Wood Co ., 8 Ohio St. P., 333, 345. 
 
 Laying out Streets — confirmation of report of 
 jury. — Confirmation of report of assessment of jury, 
 when binding upon city, so as not to be within power 
 of Council to set aside, see State v. Keokuk, 9 Iowa 
 Pep., 438. 
 
 “Opening” street defined. 18 Ohio P., 161. 
 
 Opening Streets — conditions. — If a city accepts the 
 

 Jg ADDITIONAL NOTES TO CITY CHARTER. 
 
 proposition of a land owner to give, free of charge, cer- 
 tain land for a street, if the city will do so and so, and 
 it complies, he is estopped to claim damages for his 
 land. Crockett v. Boston , 5 Cush., 182. 
 
 County Roads within City Limits. — As to power of 
 county to lay out roads and erect bridges within limits 
 of a city, see Wells v. McLaughlin, 1 7 Ohio, 99 ; id., 
 101 ; Barrett v. Brooks , 19 Iowa Rep. ; Knowles v. 
 Muscatine, 19 Iowa Rep. (affirming the right in that 
 case.) See Mullion v. Black Hawk County, Sup. Court 
 of Iowa, Dece. T., 1866, as to liability of county for 
 bridges within city limits. 
 
 Trees in Streets Protected. — It is competent for 
 cities to impose a penalty upon persons who mutilate 
 or destroy shade trees in streets, sidewalks or squares ; 
 and it is no defense, it seems, that the trees destroyed 
 stood upon the street in front of the lot of the accused. 
 State v. Merrill, 37 Maine, 329. 
 
 Opening Streets — benefits assessed. — It has been 
 decided in New York, upon great consideration, that a 
 law or charter which authorizes the expense of opening 
 streets to be assessed upon property owners benehtted, 
 in proportion to the amount of such benefit, is not un- 
 constitutional. People v. Mayor, 4 Comst., 419 — every- 
 where recognized as the leading case on this subject ; 
 19 N. Y., 116, 118; 13 id., 143; 8 id., 241,251; 1 Ohio 
 St., 126, 135 ; 3 Wend., 452 ; 23 Wend., 458. 
 
 Buildings in Street.— A city cannot authorize the 
 erection of a private building, if indeed any kind, upon 
 a public street. Stetson v. Faxon, 19 Pick., 147. 
 
 Streets — right of free transit — limitations on 
 the right. — The streets should be left free and open to 
 the public, and it is a right of the public to have them 
 so left, with this limitation : that the street may be im- 
 proved and temporarily occupied by building material, 
 provided that this be placed in the most convenient 
 manner and for a reasonable time. But this will not 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 79 
 
 justify leaving tlie street in an unsafe and dangerous 
 condition. The law on this subject is well stated in the 
 following cases : Com. v. Passmore, 1 Serg. & Raw. 
 Rep., 217 ; approved People v. Cunningham , 1 Denio, 
 524, 530 ; Clark v. Fry , 8 Ohio St. R., 358, 374 ; 2 id., 
 536. 
 
 If the owner of lot digs a vault or pit, or otherwise 
 makes the street or sidewalk dangerous, and does not 
 guard same, the party injured may sue him, or the city 
 may, if it is compelled to pay, recover over against the 
 author of the dangerous place. Sawyer v. McLoskey , 
 .2 Ohio St. R., 536 ; 2 Black (U. S.), 418. 
 
 Building Material on Street. — Where street is 
 incumbered by building material, pursuant to ordinance , 
 held to protect the party from liability for an injury 
 suffered by third persons, 17 Ind., 515 ; see 10 id., 181, 
 quere. 
 
 Liability for Work on Streets. — A city is not lia- 
 ble for work upon the streets where the municipal offi- 
 cers contracting for such work had no authority to do 
 so. Donovan v. Mayor of JSf. Y., 33 N. Y. Rep., 291. 
 
 Nuisances on Streets. — Power of city over streets 
 and highways to abate nuisances, and what are such, see 
 Davis v. Bangor , 42 Maine, 522, 527, and the many 
 cases there cited ; 32 Maine, 431, (private railway on 
 street, city not liable for damage done by it). 
 
 Streets — how far to be improved. — City is not 
 obliged to improve the entire length of a street or 
 none ; it may improve part and coniine assessments to 
 the lots adjoining the part improved. Scoville v. Cleve- 
 land , 1 Ohio St. R., 133 ; approved and applied 10 id., 
 159. 
 
 Ownership of Streets — use of by r. r. go. — In Da- 
 venport the fee simple of the streets is in the city, and 
 i lot owners do not own to the middle of the street in 
 front of their lots ; and City Council may grant use of 
 street to railroad company and the lot owner along the 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 80 
 
 street cannot enjoin tlie railroad company or sue it or 
 the city for damages. Hughes v. M. <& M. It. It. Co ., 
 12 Iowa Rep., 261 ; Milburn v. Cedar Rapids, id., 216. 
 
 Bridges — destruction of. — City may sue for the 
 value of one of its bridges illegally destroyed and con- 
 verted to private use. 3 Fost. (N. H.), 83. 
 
 Power of City over Bridges — toll bridges — 
 bridge fund, &c. — City, without special power in char- 
 ter, cannot build or assess others to build a toll bridge ; 
 but it may ordinarily do these acts with respect to a 
 free bridge within the city limits. Midlarkey v. Cedar 
 Falls , 18 Iowa R, ; Clark v. Des Moines , 19 id. ; 
 Barrett v. Brooks , 19 id. 
 
 County Bridge Fund. — The city of Davenport is 
 equitably entitled to its share of the county bridge fund 
 levied upon all of the taxable property of the county, 
 as well upon that within the city as without it. (See 
 case last cited for discussion of law on this point). 
 
 As to liability for defective roads and bridges, see 
 Section 9 of these notes and cases cited. 
 
 Sewers. — Liability as to sewers for injuries by being 
 out of repair, see 1 Allen, 11, 52. 
 
 Injury by Cars. — City not liable for injury caused 
 by cars or telegraph posts on streets. 7 Gray, 121 ; 7 
 Gray, 386. 
 
 SECTION 7.— CITY ORDERS OR WARRANTS. 
 
 City Warrants not Negotiable Paper; Quere — 
 Can City Issue Negotiable Paper ? — Without express 
 authority a city cannot issue warrants which have all 
 the qualities of negotiable paper ; but such warrants in 
 whose hands soever they may be, are open to any de- 
 fense the city may have. The assignee stands in the 
 shoes of the payee. And if issued by the officers of the 
 city without authority, or by the city for an illegal ob- 
 ject, they are not binding upon the city. Clark v. Des 
 Moines , 19 Iowa Rep., where this subject is fully con- 
 sidered, and see authorities there cited. 
 
ADDITIONAL. NOTES TO CITY CHARTER. 
 
 81 
 
 If the city of Davenport under the implied power 
 given or recognized by Sec. 12 Art. 8 of its charter, has 
 the power to issue negotiable paper it would recpiire an 
 express order of the Council. 
 
 City Warrants. — Auditing accounts. — A city has 
 no right to issue warrants for a debt at the rate of one 
 dollar in warrants for every seventy- five cents of debt — 
 such warrants would be usurious. Clark v. City of 
 Des Moines , 19 Iowa Hep. 
 
 How far the action of Council in ordering the issue 
 of warrants for a greater sum than is due will bind the 
 corporation, see the case last cited. 
 
 City Warrants. — Payment. — When city orders are 
 once paid they are absolutely extinguished : if again put 
 into circulation by the Treasurer or other officer they 
 are not binding upon the city, not even, it seems, in 
 hands of innocent holders. Chemung Bank v. Super- 
 visors, 5 Denio, 517 ; see 3 Comst., 430 ; Clark v. I)es 
 Moines , 19 Iowa Pep. 
 
 A city issued illegal scrip for a legal and just debt. 
 It issued warrants to take up the illegal scrip. Held 
 that the latter warrants were binding upon the city. 
 Clark v. City of Des Moines , supra. 
 
 Orders— special fund. — When a claim on the fund 
 named, and when a claim against the city, see Clark v. 
 Des Moines , 19 Iowa Pep. ; 4 Denio, 520 ; 23 Wend. 
 458 ; 12 id., 165. 
 
 SECTION S. -ORDINANCES. 
 
 Ordinances — requisites of validity. — It is a general 
 principle of law that all ordinances to be valid must be 
 reasonable — must be consistent with the laws and pub- 
 lic policy of the State, and must not be unequal, oppres- 
 sive, or vexatious. Whether they are thus reasonable 
 and valid is a question solely for the court. People v. 
 Throop , 12 Wench, 183, 186; 5 Cow., 462, 465; 10 
 Ward, 100 ; 5 id., 166, 168 ; 14 id., 87 ; 3 Pick 46? • 
 11 ’ 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 82 
 
 6 id., 187 ; 1 Met., 130, 135 ; 16 Pick., 121, 125 ; 2 
 ( )usli., 562, 575 ; 1 Green (N. J.), 196. 
 
 Force of Ordinances. — When valid an ordinance is 
 a law and has the same force as if passed by the legis- 
 lature itself. 5 Cow., 538 ; 5 Abb. Pr. R., 422. But 
 the power to declare invalid is to be “ cautiously exer- 
 cised ” by the courts. 5 Cush., 438, 442. 
 
 Ordinances — motion — resolution. — Where charter 
 is silent as to mode, a determination of City Council 
 may be by motion or resolution as well as by ordinance. 
 17 Ind., 175 ; see 15 id., 395 ; 13 B. Mon., 1. 
 
 Ordinances — signing of. — Signature of Mayor to or- 
 dinances not essential to their validity, unless this is 
 expressly made an essential condition to their legality ; 
 otherwise the provision requiring him to sign them is 
 directory. .Blanchard v. Bissell , 11 Ohio St. Rep., 96. 
 
 Ordinances when Judicially Noticed. — Courts will 
 not judicially notice ordinances j they should be set out 
 in the record, (raven v. Wells ^ 8 Iowa Rep., 286. But 
 may notice charters declared, like that of Davenport, to 
 be public acts. Durham v. Daniels , 2 G. Greene R., 
 518. But ordinances maybe noticed judicially by the 
 Mayor or city courts. Conboy v. Iowa City, 2 Iowa 
 Rep., 90 ; State v. leiber , 11 id., 407. 
 
 Ordinances — no extra territorial force. — The 
 ordinances of a city have no binding force beyond the 
 city limits ; but persons coming within the city limits 
 come under the operation of its ordinances. Gosselwh 
 v. Campbell , 4 Iowa Rep., 296. 
 
 Resolution — Ordinance Defined. — A resolution is a 
 special or temporary order ; an ordinance prescribes a 
 permanent rule of conduct or government. Blanchard 
 v. Bissell , 11 Ohio St. R., 96, 103, per Scott J. 
 
 Ordinances — Prosecutions. — Prosecutions for viola- 
 tions of ordinances are in the nature of criminal, not 
 civil, proceedings. 11 N. IT., 106; 16 Pick., 504; 3 
 Pick., 462 ; 1 Green (N. J.), 196, 200. 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 83 
 
 Liability.— City liable for negligence of its officers, 
 agents and workmen in the process of executing a cor- 
 porate work. 36 hT. II., 295. 
 
 Ordinances — general power construed. — What 
 authority is conferred by the general power to pass 
 “ordinances for the well being of the city.” 38 FT. II., 
 426 ; 8 Fost., 175 ; 2 McMullen, (S. C.) 233 ; 33 FT. II., 
 -121: ; 1 Cush., (Mass.) 493 ; 3 Fairf., (Me.) 403, 408; 
 18 Ohio, 523; 37 Maine, 329 ; 42 Maine, 522. 
 
 This power does not give authority to pass ordinances 
 contravening the provisions of the charter or the laws 
 of the State. 33 X. 11., 424, a valuable case. 
 
 “Huckster' 1 defined. Mays v. Cin., 1 Ohio St. IF, 
 268, 272. 
 
 Ordinances — council cannot delegate its power. — 
 The Council cannot delegate a discretion or power 
 which its charter provides that it shall exercise. Thomp- 
 son v. Scherrnerhorn , 6 X. \. Rep., 92. But the Coun- 
 cil may ascertain facts through the medium of a com- 
 mittee, and may, in certain cases, empower committee 
 to act, as where it is directed to execute the will of the 
 Council, or where the act to be done is not legislative or 
 discretionary in its character. 24 How., 287, 296. 
 Council may refer certain matters to a committee. 45 
 Maine, 241. Power of committees and power of Coun- 
 cil over them. 2 Pick., 345. 
 
 Ordinances — must not conflict with general law. 
 — A city may consistently with general law, and when 
 within the scope of its charter, further regulate by ordi- 
 nance subjects already regulated by statute. Huddle - 
 son v. Rujjlin, 6 Ohio St. Pep., 604, 606 ; Royers v . 
 Jones , 1 Wend. 237. But it cannot contravene the 
 general policy of the State, and punish acts which the 
 statutes of the State authorize. See on this general 
 subject, Canton v. Mist, 9 Ohio St., 439 (Sunday law) ; 
 Thompson v. Mt. Vernon , 11 id., 688 (liquor law); 
 Marietta v. Rearing , 4 Ohio, 427 (stray animals); Col- 
 lins v. Hatch , 18 id., 523 (cattle at large) ; see also 1 
 
84 
 
 ADDITIONAL NOTES TO CITY CHARTER. 
 
 E. P. Smith, 297 ; 14 Barb., 425 ; 14 Ohio, 586 ; 9 Ohio, 
 520 ; 10 id., 192 ; 3 E. I). Smith, 156 ; 4 Hill, 209 ; 1 
 Wend., 287; (compare three last cases.) As to neces- 
 sity of confor inability of ordinances to general laws, and 
 discussion of duplicate liability, one to the State and 
 one to the city, see Ambrose v. The State , 6 Ind., 351 ; 
 2 Dough, 322 ; 1 Bay, (S. C.) 382 ; 3 Penn., 253 ; 37 
 Maine, 329 (destruction of shade trees) ; see also, 1 
 Cush., 493 ; 10 Met., 382. 
 
 Power — ordinance — gambling — defense to ordin- 
 ances. — City without special authority cannot pass ordi- 
 nance to punish gambling as a misdemeanor. Mount 
 Pleasant v. Breeze , 11 Iowa R., 399. See ante p. 39. 
 It is no defense to a prosecution for violating the ordi- 
 nance of a tie facto town or city to set up irregularities 
 in the proceedings by which it was incorporated. De- 
 corah v. Gillis , 10 Iowa R., 234 ; 1 Ohio St. Rep., 126. 
 
 Ordinances — clearing of snow.— City has power to 
 require owner or occupant of building bordering on 
 populous streets to clear the snow from the side-walks. 
 Such an ordinance is reasonable and valid. Goddard's 
 case , 16 Pick., 504; 14 Cray, 252 (as to respective liabil- 
 ity of city and the lot owner for injuries from snow and 
 ice on sidewalk.) 
 
 Dog Ordinance. — A loose, untied dog, though the 
 owner be near by, but at such distance that such control 
 over the animal could not be exercised as would prevent 
 mischief, was decided to be “ a dog at large." 10 Met., 
 382 ; see 6 Cush., 248 ; 14 Gray, 52. 
 
 Ordinance — restraint of trade. — City may prohibit 
 any but licensed scavengers. This is not in restraint of 
 trade. 6 Pick., 187 ; 2 Cusli., 562, 576. 
 
 Licenses. — The power conferred upon the city to re- 
 quire and exact licenses in certain cases is constitu- 
 tional. 9 Pick., 415 ; see 2 Cush., 562. 
 
 Ordinances — police power. — Ordinances under po- 
 lice power, as to shutting up saloons, tfcc. 4 Rli. I., 
 485 ; see also 12 Maine, 403 ; 16 Pick., 126. 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 85 
 
 Ordinances — rapid driving. — City may prohibit 
 rapid driving in the streets. 3 Pick., 462 ; 2 Cnsli., 
 562, 570. Ante p. 40, city charter. 
 
 Ordinances — removal of buildings. — City may pass 
 ordinances regulating the removal of buildings and the 
 temporary use of the street for that purpose. Day v. 
 Green , 4 Cusli., 433, 437, per Siiaw, C. J. 
 
 City Cemeteries. — Power of Council extends only to 
 its own cemeteries, except, perhaps, to regulate depth 
 of graves, &c., in other cemeteries. Bogart v. Indian- 
 apolis , 13 Ind., 134 ; law of burials, 4 Bradf. (N. Y.) 
 R., 503 ; 5 Cusli., 408. 
 
 City may prohibit interments within its limits. 16 
 Pick., 121 ; 7 Cow., 585 ; 5 Cusli., 408. 
 
 Cars Running in City. — As to power to regulate the 
 running of cars in city, see B. B. Co. v. Buffalo , 5 Hill 
 1ST. Y., 209. 
 
 Ordinances — hoistways. — City may require hoist- 
 ways inside of places of public resort as stores. 15 N. 
 Y. Rep., 502. 
 
 Sidewalks. — A city may prohibit the appropriation 
 of sidewalks to private uses. Hence may forbid sales 
 by individuals at auction thereon. White v. Kent , 1 1 
 Ohio St. Rep., 550. 
 
 Arrest of offenders. — A city may authorize arrests 
 upon view for violation of ordinances, if this be not 
 contrary to the general law or policy of the State. 
 White v. Kent, 11 Ohio St. Rep., 550 ; 12 id., 127. 
 
 He facto Council. — The ordinances of a defacto 
 Council are valid. Scoville v. Cleveland , 1 Ohio St. R., 
 126 ; 10 Iowa, 234. Ante p. 61. 
 
 Ordinances — power of city. — City cannot interfere 
 specially to make that valid in a particular case which 
 its ordinances make invalid. Buss v. Mayor , cited 4 
 Abb. H. Y. Hg., 161, Sec. 52. 
 
 Ordinances — repeal — vested rights. — Until private 
 rights have vested, a city may decline to go on with 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 86 
 
 public improvements, and may repeal ordinances relating 
 thereto. State v. City Clerk , dec., 7 Ohio St. R., 355, 
 (water-works ease); 20 Wend., 618, 619, and cases 
 cited ; 1 Hill, 515 ; 18 Johns., 506. (See ordinance of 
 city of Davenport as to repeal of ordinances granting 
 special privileges). 
 
 Penalty for Violation of Ordinances. — City can- 
 not exceed, directly or indirectly , the limit fixed by the 
 charter. 12 Johns. R., 122 ; 9 Wend., 571, 588, 606 ; Id 
 id., 87. 
 
 Where the specific punishment is fixed by the char- 
 ter, that alone can be inflicted. 1 Term. R., 118, 121; 
 9 Wend., 571, 588, 606. 
 
 City cannot ordain forfeiture of property without 
 express authority to do so. 9 Wend., 571 ; 10 Ohio, 32. 
 Ante p. 10. And these two cases hold that ordinances 
 authorizing the forfeiture and sale of property by the 
 Marshal without notice and without opportunity of in- 
 vestigation, were void, being contrary to the genius of 
 our laws and institutions. 
 
 Ordinances — void in part. — Ordinances may be void 
 in part and good in part. 10 Met., 382; 16 Pick., 121, 
 126; 2 Cush., 562; 1 Gray, 1; 2 Gray, 81; 5 Gray, 182. 
 
 Market Ordinances. — 10 Wend., 100; 5 Cow., 162; 
 8 Johns., 118 ; Hill A Denio’s supp., 116 ; id., 211 ; 6 
 Duer, 315 ; 23 Pick., 71 ; 11 Pick., 168 ; 9 Met., 253. 
 
 Power to establish markets authorizes city to buy 
 ground on which to erect a market building. Ketchum 
 v. Buffalo, 11 1ST. Y., 356 ; 17 id., 119 ; 28 Barb., 65. 
 Ante p. 39. 
 
 SECTION 9. — LIABILITIES OF CITY. 
 
 City not Liable for Hon-action. — City is not liable 
 for not providing sufficient sewerage to drain the plain- 
 tiff’s premises, or to carry away surface water ; and 
 such a case is to be distinguished from those where a 
 private injury is caused by suffering a municipal work 
 to remain out of repair, or where the municipal work is 
 of itself a positive nuisance, or when it is done in a 
 
ADDITIONAL NOTES TO CITY CHARTER. gy 
 
 careless manner. Mills y. Brooklyn , 32 Y. Y. Rep., 
 489, and cases cited ; 1 Denio, 595 ; 27 Barb., 218 ; 3 
 Duer, 406 ; 3 Ilill, 612 ; 4 Ohio St. Rep., 80. See also 
 Flagg v. 13 Gray, 601. As to “ surface 
 
 water ” see Livingston v. McDonald , 21 Iowa Rep. 
 
 Liability for Carelessness. — I f a city leaves its 
 gutters, culverts, and drains in a careless, unfinished, 
 and negligent condition, so as to cause water to flow 
 upon and injure private property it is liable for the 
 damages thus occasioned. A city is liable in such cases 
 on the same principles that private persons would be if 
 they were doing similar work. And it is liable as 
 above stated for the acts of its agents, officers, and ser- 
 vants in constructing public improvements, where these 
 do not use ordinary care and prudence. Wallace v. 
 Muscatine , 4 G. Greene R., 373 (back water) ; Cotes cb 
 Patchen v. City of Davenport , 9 Iowa Rep., 227 
 (grading case) ; Freeland v. Muscatine , 9 Iowa Rep., 
 461 (grading case) ; Hanlon v. Keokuk , 7 Iowa, 488 ; 
 Templin v. Iowa City , 14 Iowa Rep., 60 ; Busch v. 
 Davenport , 6 Iowa Rep., 443. Acite p. 75. 
 
 Liability for Public Works. — C ity is not liable 
 when it uses due care in prosecuting an authorized 
 public improvement or work. 13 Gray, 193 ; 6 id., 544 ; 
 7 Gray, 223 ; 13 Gray, 601, 605. But due care must be 
 used, or city is liable. 6 Gray, 544 ; 13 Gray, 193, 605 ; 
 7 Gray, 122; 3 Duer, 406; 1 Denio, 595. 
 
 Liability as respects its own Property. — C ity can- 
 not create a nuisance on its own lands, so as to injure 
 others thereby. 3 Barb., 254 ; 3 Duer, 406. 
 
 In management of their lands or property, a city is 
 liable for injuries caused thereby, same as natural per- 
 sons. Id. ; 36 Y. II., 296 ; 3 Ilill, 541 ; 19 Pick., 511 ; 
 10 Ohio, 159 ; 3 Y. Y., 463 ; explained 18 Y. Y., 161, 
 172 ; (see notes to charter, ante p. 28). 
 
 Liability for unsafe Public Buildings. — As to lia- 
 bility of city for injuries resulting from unsafe and 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 88 - 
 
 dangerous condition of the public buildings of the city, 
 see Commrs. v. Mighels , 7 Ohio St. R., 109. 
 
 City not liable for Riots or want of Ordinances, 
 &c. — A city is not liable unless there is an express pro- 
 vision to that effect, (and in the charter of Davenport 
 there is none) for losses sustained by individuals for the 
 riotous destruction of property ; and generally it may 
 be stated for losses sustained from the want of proper 
 ordinances, or from their inefficient enforcement. 
 
 Western College v. Cleveland , 12 Ohio St. R., 375, 
 379, and cases cited by Gholson, J. ; 1 Sandf., 465 ; 11 
 K Y., 396; 9 1ST. Y 456, 459; 11 K Y., 392; 12 
 Barb., 161. 
 
 Liability — Licenses. — City not liable for acts or 
 misconduct of a auctioneer, tavern-keeper or other per- 
 son carrying on a private business, though under a 
 municipal license. 3 Pet., 398. 
 
 When Liable in Trespass. — Is the city liable for 
 the trespasses of its servants and agents. The authori- 
 ties do not agree ; see Ilarvey v. Rochester , 35 Barb., 
 177 ; compare Leman v. Mayor , 5 Bosw., 414 ; Howell 
 v. Buffalo , 15 N. Y., 512; 21 How. (U. S.), 202; 17 N. 
 Y., 383, 386; 16 K Y., 158, 161 ; 8 Barb., 645 ; 17 K 
 Y., 104; 11 M. Y., 392; 12 Barb., 161. See particu- 
 larly, 1 Allen, 417 ; 4 id., 41, 52; 32 N. II. , 435 ; 34 
 id., 306, 312; 7 Gray, 464; 19 Pick., 511; 4 Gray, 465. 
 
 When license fees and taxes illegally paid may be 
 recovered back. Baker v. Gin., 11 Ohio St. Rep., 534 ; 
 3 Watts, 327, 328 ; 4 Met. (Mass.), 181, 188 ; 5 Gillm., 
 513 ; 10 Pet., 150 ; 9 Cow., 674 ; 4 Gill (Md.), 425 ; 31 
 Pa. St. Rep., 73. 
 
 Liability for defective Bridges and Streets. — 
 In Rusch v. City of Davenport , (6 Iowa, 443,) the Su- 
 preme Court decided, 
 
 1. That the city was liable for an injury resulting 
 from the defective condition of its bridges and streets. 
 (The cause of the injury in this case was a defective 
 bridge or crossing over a gutter). 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 89 
 
 2. That while the city might not be obliged to make 
 a bridge or crossing for the whole width of the street, 
 yet if it does so it is its duty to keep it in a suitable con- 
 dition for crossing upon any and every part of it ; and 
 if it fails to do so, and an injury happens, the city is 
 liable, if the person suffering the injury used due care 
 to prevent it. See also Harden v. Keokuk, T 1owa Rep., 
 488. 
 
 As to liability of city for injuries caused by defect- 
 ive BRIDGES, SIDEWALKS, AND HIGHWAYS, See following 
 leading cases : 
 
 Weightman v. Washington , 1 Black (U. S.), 39; 2 id., 
 590, 408; Erie v. Swingle , 22 Ra. R., 384; Storrs v. 
 Utica , IT hT. Y. R., 104; 16 id., 159; Browning v. 
 Springfield, IT 111., 143 ; 1 Seld., 369 ; Wilson v. Mayor , 
 1 Denio, 595 ; 5 Sandf., 289 ; Smoot v. The Mayor , 24 
 Ala., 112 ; Dayton v. Pease , 4 Ohio St. Rep., 80 ; 32 
 Barb., 634; 3T id., 292; 36 id., 226; 3 Cush., 1T4 ; 4 
 Cush., 2TT; 3 Hill, 612; 5 Seld., 168; id., 458; 6 
 Cush., 141; 3 Comst., 464; 11 K Y., 393; T Gray, 
 421; 8IY, 222; 11 K Y., 432; 10 Cush., '260; 5 
 Ohio St., 38 ; 2 E. I). Smith, 254 ; 3 Cush., 121, (im- 
 portant case) ; 2 Ilill, TT, (sidewalk) ; id., 461 ; 5 Duer, 
 6T4 ; 3 Comst., 463, (insufficient culvert) ; 9 H. Y., 163, 
 (important case) ; 36 Barb., 226, (sidewalk) ; 32 id., 634, 
 (sidewalk). 
 
 As to necessity of notice to city of unsafe condition 
 of streets, see 9 H. Y., 456 ; 5 Duer, 6T4 ; 35 JST. H., 
 52; id., T4 ; 13 Pick., 94 ; 16 Pick., 541. Remedy over 
 by city, see T H. Y., 493 ; 1 Seld., 48 ; IT H. Y., 104 ; 
 
 5 Duer, 6T4; 4 Cush, 279; 14 Gray, 249; 11 Cush., 
 299 ; 2 Black (U. S.), 418, (leading case). 
 
 Owner of building liable for injuries sustained by 
 defective grates, openings, Ac., in sidewalks. Con- 
 greve v. Smith , 18 H. Y., T9 ; id., 84 ; 23 Wend., 446 ; 
 4 Cush., 2TT ; 14 Gray, 249 ; 11 Cusli., 299. 
 
 Width to be kept safe. 3 Cush., 1T6 ; 6 Iowa, 443 ; 
 
 6 Cush., 524. 
 
 City held liable for an injury done to a person by the 
 
ADDITIONAL NOTES TO CITY CHARTER, 
 
 00 
 
 fall of a projecting awning — 13 Met., 292 ; but not for 
 snow falling from projecting roof of a building. 13 
 Gray, 59. 
 
 Sidewalks — Injuries by snow and ice upon, 17 How. 
 (IT. S.), 161. 
 
 Who Liable. — As to immediate and ultimate respon- 
 sibility of railroad, canal, and turnpike company, and 
 of city, with, respect to bridges built within city, see 5 
 Ind., 286 ; Barrett v. Brooks , 20 Iowa Pep. ; 23 Pick., 
 21; 1 Cusli., 275 ; Mullion v. Blackhawk Co ., 21 Iowa P. 
 
 Author of nuisance on street is primarily and ulti- 
 mately responsible. 12 Ind., 515; 10 id., 181, (obstruc- 
 tion by building materials) ; 32 U. II., 59, and cases ; 
 also 31 K II., 179 ; 1 Cusli., 275 ; 23 Pick., 21. 
 
 Use of County Jail by City. — City liable to county 
 for support of city’s prisoners in county jail. 38 FT. II., 
 21 ; 10 Fost., 299. 
 
 Liability — Paupers. — The city of Davenport is not 
 liable for the support of paupers — the charter not so 
 providing. 12 Mass., 333 ; 11 id., 396; 28 Maine, 255. 
 
 Power of City respecting IIorse Pailways. — On 
 the 7th day of July, 1866, at a meeting of the citizens 
 of Davenport, held with reference to the above subject, 
 Judge Dillon, chairman, appointed a committee of 
 legal gentlemen impartially to examine the matter in 
 its legal bearings. The following report is believed 
 correctly to state the law on this subject, and is here 
 inserted in order that it may be preserved for the infor- 
 mation of the Council when they shall come to act, (as 
 before long they will doubtless be called upon to do), 
 upon the subject or horse railways. 
 
 REPORT OF COMMITTEE. 
 
 At a meeting of citizens of the city of Davenport, 
 held on Saturday evening last, (July 7th), the under- 
 signed were appointed a committee to examine and 
 report upon the question whether the City Council has 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 91 
 
 the legal power to grant to a company, organized for 
 that purpose, the right to construct and operate through 
 the streets of the city a horse or street railway. 
 
 We assume that any company or association proposing 
 to engage in the enterprise in question, would incorpo- 
 rate itself under the general law of the State, in the 
 same manner as other railway companies, (the Missis- 
 sippi and Missouri for example,) have done, and. would 
 thereby acquire all the rights and powers conferred by 
 law upon railway corporations in general. Upon this 
 assumption, we are of opinion that the question whether 
 the City Council has power to grant permission to such 
 corporation to lay its tracks and run its cars through a 
 street of the city, is settled in the affirmative, by the 
 decisions of the Supreme Court of this State in the cases 
 of Milburne v. The City of Cedar llajpids , et al ., and 
 .Hughs v. M <& MB. It. Co ., et al. reported in 12th vol. 
 of Iowa Reports, pages 216, 261. This last named case 
 is particularly in point, as it originated in this city, and 
 relates to rights which may be conferred on a railroad 
 company in the streets. In these cases it was held by 
 the Court : 
 
 1. That the title, or fee simple, in the streets of the 
 city is vested in the city corporation and not in the 
 owners of lots fronting on the street, subject only to 
 the public use for a street, and that hence such owners 
 can not complain of a laying of a railroad through the 
 street, as an appropriation of their property to public 
 use, without compensation. 
 
 2. That the Legislature has conferred upon railroad 
 companies (by the 8tli and 9th sections of “ an act 
 granting to railroad companies the right of way laws 
 of 1858, p. 53) the right to construct their roads over 
 and upon the streets of cities, the consent of the City 
 Council being first obtained ; and railroads constructed 
 upon streets, under such authority, cannot be considered 
 as public nuisances. 
 
 It is true that these decisions were not made directly 
 with reference to horse or city railroads. But we are 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 92 
 
 of opinion that, so far as tlie present question is con- 
 cerned, no distinction unfavorable to such roads can be 
 taken between them, and railroads of a different kind, 
 connecting distant places and operated by steam. If 
 any difference exists, the right of the Council to author- 
 ize the construction of a city or horse railroad through 
 the city streets, would seem to be clearer than their 
 power to confer the same privileges on a railroad of the 
 other class, inasmuch as the former is intended and 
 used for purposes strictly municipal, and interferes 
 much less with the ordinary use of the streets by 
 vehicles and passengers. 
 
 It will be observed that by the decisions referred to 
 the power which the railroad company acquires to con- 
 struct its road over the street, is derived, not from the 
 City Council, but from the State Legislature. The 
 assent of the Council is, it is true, required as a condi- 
 tion ; but the power to use the street for the purposes 
 of the railroad, is not given or created by that assent, 
 but by the legislative act. It follows, we think, that 
 the assent being once given and the company having 
 acted on it and constructed their road, it could not be 
 rovoked except in pursuance of terms and conditions 
 imposed by the Council at the time of granting it. 
 The right of the company would then rest upon the 
 same foundation as though it had been directly granted 
 by the legislature without requiring any assent by the 
 Council. 
 
 We have not overlooked the decisions of the Hew 
 York Court of Appeals in the well known “ Broadway 
 Railroad case,” {Davis v. The Mayor, dec., 14 Hew 
 York, 506 ; Milhan v. Sharp, 27 H. Y., 611,) in which 
 it was held that the corporate authorities of Hew York 
 City have no power to grant to private individuals an 
 exclusive, irrevocable and perpetual right to construct 
 and operate a railroad in the streets of the city for their 
 own profit. We have given these cases a careful exam- 
 ination and are of opinion that the decisions therein 
 are inapplicable to the case we are now considering, for 
 
ADDITIONAL NOTES TO CITY CHARTER. go 
 
 tlie reason that the association of individuals to whom 
 the grant was then made, was a mere private partner- 
 ship, having no corporate rights or powers whatever, 
 and that the validity of the grant depended wholly on 
 the action of the Common Council of the city, having 
 no vestige of legislative support. Under these circum- 
 stances it was held that the city could not, without 
 authority from the legislature, thus abdicate in favor of 
 private persons their control and authority over the 
 streets. But there was no intimation in the opinions 
 of the court, that the legislature could not confer the 
 powers which it was held the city government could 
 not, unaided, grant. On the other hand, it was held 
 by the same court, in The People v. Kerr , 27 U. Y., 
 188, that the legislature could authorize a railroad cor- 
 poration to construct its roads through the streets of 
 Hew York City without the consent of the city author- 
 ities, and without compensation either to the city or 
 the owners of lots on the streets ; the title to the streets 
 being in the city in trust for the public. As above 
 shown in the case referred to us, the power will be de- 
 rived from the legislature and not from the city. 
 
 All of which is respectfully submitted. 
 
 JJSTO. IST. ROGERS, ) 
 
 GEO. P. WHITCOMB, V Com. 
 A. H. BENNETT, 
 
 July 11th, 1866. 
 
 Reserved Landing. — The following are from the city 
 records : 
 
 “ Council Chamber, June, 1816. 
 
 Council convened agreeably to a call from the Mayor, 
 for the purpose of giving or granting the right of said 
 corporation to a certain piece of ground within the 
 limits of said town, on the Mississippi River. 
 
 Present— Thorington, Mayor ; Aldermen Whiting, 
 Miller, Morton, Alvord, McCloskey. 
 
 The Clerk of the corporation being absent, on motion, 
 W. P. Campbell was chosen Clerk pro tem. Thereupon 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 94 
 
 the following was presented and unanimously passed, 
 to- wit : 
 
 Whereas, Antoine Le Claire, at the time of the lay- 
 ing out into town lots of his second addition to the town 
 of Davenjiort, as recorded in the Recorder’s office of 
 the county of Scott, left out two certain lots of ground 
 on the south side of Front street, in front of blocks 
 number sixty-one and sixty-two, in said town, marked 
 on the plat of said town, “Reserved Landing; and 
 whereas, Ambrose C. Fulton, of' said town, by the con- 
 sent of said Le Claire, proposes to erect upon a portion 
 of one of said lots a steam mill; and whereas, also, 
 some doubts have been expressed as to the rights of said 
 Le Claire and the corporation of the town of Davenport 
 in and to said lots ; and now, therefore, for the purpose 
 of removing all doubts upon the subject, 
 
 Be it ordained by the Mayor and Aldermen of the 
 town of Davenport , That in consideration of the prem- 
 ises, and that the said Fulton erect a mill thereon, as at 
 present contemplated, all right, title, interest, and claim 
 of the said corporation in and to the following described 
 portion of the said tract of land, to- wit ; beginning at the 
 south-east corner of said tract, in front of block sixty-one, 
 at the corner of Front and Perry streets, in said town ; 
 thence west on Front street one hundred and twenty-eight 
 feet ; thence south to the Mississippi River at low water 
 mark ; thence eastwardly along the bank of said Missis- 
 sippi River to Perry street ; thence north to the place of 
 beginning, be and the same is hereby released and dis- 
 charged to the said Antoine Le Claire, and also all right 
 and claim that the said corporation may have to con- 
 trol the property, or the use of any part thereof, fur- 
 ther than the rights that said corporation have over 
 other private property within the limits of said corpora- 
 tion. 
 
 On motion, Council adjourned. 
 
 Attest : JAMES TIIORINGTOFT, Mayor. 
 
 W. P. Campbell, Clerk pro tern .” 
 
ADDITIONAL NOTES TO CITY CHARTED. 
 
 95 
 
 “ Council Chamber, June 25, 1S47. 
 
 Council met. Present — James M. Bowling, Mayor. 
 
 A petition, signed by eighty-five citizens of the town, 
 was presented by J. L. Davies, praying a discharge by 
 said town, to A. C. Fulton, of all the riglit of said town 
 to a certain portion of the u Reserved Landing ” in the 
 same, and on motion of D. C. Eldridge the following 
 was presented and unanimously adopted : 
 
 Whereas, Antoine Le Claire, at the time of laying 
 out into town lots of his second addition to the town of 
 Davenport, as recorded in the Recorder’s office, in the 
 county of Scott, left two certain lots of ground on the 
 south side of Front street, in front of blocks number 
 sixty-one (61) and sixty-two marked on the plat or map 
 of said towm “ Reserved Landing And whereas , Am- 
 brose C. Fulton, of said town, proposes to erect upon 
 one of said lots a steam mill ; And whereas , also, some 
 doubts have been expressed as to the rights of said cor- 
 poration and Antoine Le Claire in or to the lots, or 
 some certain interest in, or use thereof ; noio, therefore , 
 to remove all doubts upon the subject, as the said Ful- 
 ton holds a bond from the said Le Claire for the con- 
 veyance to said Fulton *of all his right to said piece of 
 ground. 
 
 Be it ordained and resolved by the Mayor and Alder - 
 men of the town of Davenport, That in consideration of 
 the premises, and that the said Fulton shall build and 
 erect a mill thereon, agreeably to the conditions of the 
 bond entered into between said Le Claire and Fulton, 
 all right, title, interest and claim of the said corporation 
 in and to the following described portion of the said 
 tracts of land, to-wit : 
 
 Beginning on Front street, eighty (80) feet south of 
 the south-east corner of block number sixty-one (61) ; 
 thence east on and along the south side of Front street 
 one hundred and ninety-two (192) feet to the property 
 conveyed to Burrows & Prettyman by said Fulton ; 
 thence south to the Mississippi River at low water 
 
ADDITIONAL NOTES TO CITY CHARTER. 
 
 96 
 
 mark ; tlience westwardly on and along the bank of said 
 river at low water mark to a point due south of the 
 place of beginning, and to the east line of Brady street ; 
 thence north on and along the east side of Brady street 
 to the place of beginning, being all that portion of land 
 marked “ Reserved Landing ” on the recorded map or 
 plat of said town of Davenport, lying in front of lots 
 number one (1), two (2), and three (3), in block number 
 sixty-one (61), be and the same is hereby released and 
 discharged to the said Ambrose C. Fulton ; and also, 
 all right and claim that the said corporation may have 
 in the same, or be entitled to, or any right it may have 
 to control the said property, or the use thereof, or any 
 part thereof, further than the right said corporation may 
 have over other private property within the limits of 
 said corporation. 
 
 JAMES M. BOWLING, Mayor. 
 James Tiiorington, Clerk.” 
 
 Seal of City. — The early seals of the city are shown 
 by the following extracts from city records : 
 
 May 4, 1839. — “ Resolved , That the temporary seal 
 of the said Council (of the town of Davenport) be an 
 American eagle of a twenty-five cent piece.” 
 
 Nov. 30, 1839. — The temporary seal was changed “to 
 an American eagle of a ten cent piece.” 
 
 June 29, 1844. — Seal changed to half dollar Ameri- 
 can coin, having on it the goddess of liberty. 
 
ORDINANCES 
 
 OF THE 
 
 CITY OF DAVENPORT. 
 
 State of Iowa, City of Davenport , } 
 
 Year One Thousand Eight Hundred and Sixty-sis. ) 
 
 AN ACT for Revising and Consolidating the Ordi- 
 nances of the City of Davenport. 
 
 Whereas, It is expedient tliat the ordinances of the Preamble, 
 city he revised, consolidated, and properly arranged ; 
 therefore 
 
 Be it enacted by the City Council of the city of Da- 
 venport. , as follows : 
 
 CHAPTER I. 
 
 Extension of the Corporation Limits. 
 
 Section 1. That Antoine Le Claire’s Second Addi- Leciaire’s 2d 
 tion be, and the same is hereby annexed to the original 
 town of Davenport, and that it shall hereafter form a 
 portion of the same. 
 
 Passed and approved Nfovember 30tli, 1839. 
 
 [Note. — This addition, as well as other additions, are also embraced in the 
 chartered limits of the city. See city charter, Art. 1, Sec. 2. Ante p. 26 ] 
 
 CHAPTER II. 
 
 AN ORDINANCE to prohibit Auctions and Sales of 
 Fruit , etc., on the streets. 
 
 Section 1. Ho person shall hold a public auction in^"°^ n for - 
 
CITY ORDINANCES. 
 
 [CHAPS. 3, 4. 
 
 Sales of fruit. 
 
 Penalty. 
 
 Alleys and 
 lanes. 
 
 Assessment. 
 
 98 
 
 the streets of the city of Davenport, without a special 
 written permit from the Mayor. 
 
 Sec. 2. No person shall he permitted to hold regular 
 sales of apples, or other fruit, or any article of mer- 
 chandize, at any corner of, or at any place on the pub- 
 lic streets or highways, so as in any manner to incom- 
 mode the citizens of said city, or any traveller passing 
 along said streets. 
 
 Sec. 3. Any person violating any provision of this 
 ordinance shall, upon conviction thereof, pay a fine of 
 not less than five dollars nor more than fifty dollars for 
 each offense. 
 
 Passed and approved December 27, 1854. 
 
 [Note.— S uch ordinances as this are valid. Ante p. 85.] 
 
 CHAPTER III. 
 
 AN ORDINANCE declaring Alleys to be Public 
 Highways. 
 
 Section 1. All alleys or lanes that have been, or 
 may hereafter be laid out in any part of said city for 
 the purpose of accommodating persons other than the 
 owner of the land on which they are or may be laid, 
 are hereby declared public highways. 
 
 Passed and approved November 8, 1854. 
 
 CHAPTER 1Y. 
 
 ARTICLE 1. 
 
 AN ORDINANCE for Raising Revenue A 
 
 Section 1. It shall be the duty of the City Assessor 
 on the second Monday of April in each year, to take an 
 
 * City Assessor made Deputy Collector. See Chap. 18, Art. 2. 
 
CHAP. 4.] 
 
 RAISING REVENUE. 
 
 99 
 
 assessment of all tlie real and personal property within 
 said city, which is subject to taxation for county pur- 
 poses, and shall make out and return to the Clerk of 
 said city, an assessment list of all such property by the 
 first day of June in each year. 
 
 Sec. 2. At the first meeting of the City Council Levy of tax. 
 after said return, and after said assessment roll shall 
 have been corrected and equalized according to law, the 
 City Council shall levy a tax for ordinary purposes not 
 to exceed five mills on the dollar of the real and per- Kate * 
 sonal property subject to taxation in said city ; and fur- 
 ther for road purposes, to levy a tax not to exceed three 
 mills on the dollar on all property liable to road tax 
 within said city. 
 
 Sec. 3. The tax so levied shall be a lien upon the Lieu, 
 real estate upon which it is levied from and after the 
 first day of March, and persons purchasing are bound 
 to take notice thereof. 
 
 Sec. f. The Marshal of said city shall have power, omitted pror- 
 and it is hereby made his duty, to place upon the assess- trty ’ 
 ment roll all real and personal property which has been 
 omitted by the Assessor, and levy and collect the tax 
 thereon in the same manner and with the same effect as 
 if the same had been listed by the City Assessor.* 
 
 Sec. 5. It shall be the duty of the Clerk of said Assessment list 
 city, immediately after receiving the assessment list, as and warrant - 
 hereinbefore provided, to make out and deliver to the 
 Marshal of said city, a duplicate of said assessment, 
 together with a warrant for the collection of the taxes 
 so asssessed, which shall be signed by the Mayor and 
 Clerk, and sealed with the common seal of said city. 
 
 Sec. 6 . The real estate subject to taxation in said LiBtlng> 
 city, which is not listed by the owner or agent, shall be 
 listed and assessed as unknown. 
 
 Sec. 7. The poll tax of this city shall be worked roll (1 Hx 
 
 *This provision is modified by Section 10 of Article 2 of this Chapter, which, 
 being the latest ordinance, governs. 
 
[CHAP. 4. 
 
 |QQ CITY ORDINANCES. 
 
 out under the direction of the Street Commissioner in 
 such manner as the City Council may from time to time 
 provide. 
 
 Passed and approved, April 18, 1855. 
 
 ARTICLE 2. 
 
 AN ORDINANCE providing for the collection of the 
 City Revenue. 
 
 collector’s oath Sec. 1. Before entering on the duties of his office, 
 and bond. the Collector shall take the oath of office required by 
 law, and execute and deliver to the City Clerk a bond 
 with two or more sureties, to be approved by the City 
 Council, in a penalty to be prescribed by the City Coun- 
 cil. Said bond shall be hied in the City Treasurer’s 
 office.* 
 
 what to collect. Sec. 2. The Collector of the City of Davenport shall 
 collect and receive the entire city revenue from all 
 sources, viz : the ordinary and any specific taxes, levied 
 annually by the City Council, the proceeds from rents 
 and leases of public grounds and public buildings (ex- 
 cept the proceeds from the sale of lots in the public 
 cemetery), from market stalls or from any other prem- 
 ises or out of any other sources from which revenue may 
 be derived — and he shall collect the same in such a 
 manner as prescribed in this ordinance, f 
 
 game Sec. 3 . The Collector shall collect and receive all 
 
 moneys belonging to the city in the possession of the 
 Mayor, the Police Magistrate, the City Clerk, and all 
 other officers of the city, except the City Treasurer, every 
 Saturday, and give a receipt to each respectively there- 
 for, and it shall be the duty of all the officers named in 
 this section, to pay over said money to the Collector as 
 Receipts. aforesaid, and take said receipt in a receipt book, to be 
 provided by each for himself, and to be delivered over 
 
 *Clerk’s duty with respect to bond, see Chap. 13, Art. 3. 
 tSee later ordinance, Chap. 13, Art. 3. 
 
COLLECTION OE CITY REVENUE. 
 
 CIIAP. 4 ] 
 
 101 
 
 to the City Council at the expiration of their several 
 terms of office, for the use of the city. 
 
 Sec. 4. The City Clerk shall on the first regular Duty of cierk. 
 meeting of the City Council in December of each year, 
 make out and report to the City Council a list of all 
 persons to whom public grounds, public buildings, mar- 
 ket stalls, or any other premises, rights or purchases 
 belonging to or under the control of the city, are rented 
 or leased, properly describing the same, together with 
 the amount of money due the city from said premises, 
 the name of the person or persons from whom due, the 
 time when due for collection, and the time at which the 
 contracts expire, each respectively. Said list shall be 
 handed over to the Collector on the first meeting of the 
 City Council in January of each year, and he shall pro- collector’s duty 
 ceed forthwith to collect the amounts specified in the 
 said list as the same become due, give receipts for the 
 payment thereof, and deposit the money in the City 
 Treasury, and report to the City Council thereon, as 
 provided in section number eight (8) of this ordinance. 
 
 Sec. 5. The Collector and all officers named in sec- city officers 
 
 when to settle. 
 
 tion number three (3) of this ordinance shall report to 
 and settle through the Finance Committee with the 
 City Council at their first meeting in each month, and 
 the Collector’s receipts from the Treasurer and the re- 
 ceipts of the other officers named in section number 
 three (3) of this ordinance from the Collector, shall be 
 received by the Council in said settlement as evidence 
 of the amount paid by them respectively.* 
 
 Sec. (1 The City Treasurer shall receive no money Treasurer’s 
 
 . i m duty settle- 
 
 belongmg to the city from any officer, except from the ment. 
 Collector and except as is provided by ordinance to be 
 paid to him, and except the money on the redemption 
 of property sold for delinquent taxes as provided in 
 
 * As to duty of city officers in making settlements, & c., see ordinance March 
 1, 1865, (Chap. 13, Art. 3). 
 
 This last named ordinance (Chap. 13, Art. 3) is the one which specially governs 
 ' the mode of collecting the revenues and keeping the accounts of the city. 
 
CITY ORDINANCES. 
 
 [CHAP. 4. 
 
 102 
 
 section twenty-four of this ordinance. The Treasurer 
 shall keep an accurate account, item by item, of all the 
 money received and paid out by him, in a book to be 
 kept by him expressly for that purpose, and report at 
 the first Council meeting in each month the state of the 
 treasury and the liabilities of the city, and at the expi- 
 ration of his term of office he shall settle with the City 
 Council and deliver over all books and papers connected 
 with city business and his office as Treasurer to the 
 City Council. 
 
 What books Sec. 7. All the officers named in section number 
 three (3) of this ordinance, together with the Collector, 
 shall keep a book, each for himself, in which they shall 
 enter daily, item by item, amounts of all moneys re- 
 ceived and paid out, which book, together with the 
 Treasurer’s book, shall be open for inspection at any 
 reasonable time by any person who may desire it, and 
 shall be delivered to the City Council at the final set- 
 tlement with said officers, for the use of the city. 
 
 Collector when Sec. 8. The Collector shall pay into the City Treas- 
 
 o pay ury all moneys collected by him as fast as collected, 
 and at least as often as every Monday, in the like funds 
 collected by him. lie shall report the amount of such 
 collections at the ensuing meeting of the City Council 
 after making such deposit, with the Treasurer’s receipts. 
 All moneys deposited by the Collector shall be credited 
 to him by the Treasurer. 
 
 How to collect ® E0, The Collector, 011 tl ie receipt of the duly 
 taxes. executed tax warrant, shall forthwith proceed to collect 
 
 the taxes therein charged, and complete the collection 
 of the same as far as he can, and settle with the City 
 Council by the first day of October in each year. The 
 Demand and Collector shall make personal demand of every resident 
 charged with tax, if he be found within the city, or 
 leave a written notice of the amount of tax at his or her 
 place of abode, and he shall publish in the official 
 newspaper of the city, and put up at least one written 
 notice in each ward of the city for ten (10) days, that if 
 
CHAr.4.] 
 
 COLLECTION OF CITY REVENUE. 
 
 103 
 
 the taxes are not paid within twenty (20) days from and 
 after the first publication of said notice, the same will 
 be collected by sale of property of delinquents. 
 
 Sec. 10. It shall be the duty of the Collector and omitted prop- 
 Assessor to assess any real or personal property subject 
 to taxation, which may have been omitted by the 
 Assessor in the assessment roll. The Collector and 
 Assessor shall report every such subsequent assessment 
 to the City Council, on their first meeting after such an 
 assessment is made, together with the proper description 
 of the property, the owner’s name, when known, and 
 the assessed value thereof. The City Council shall, by How aSBeesed * 
 resolution, order the City Clerk to enter every such 
 assessment in writing in the Collector’s warrant. ITe 
 shall carry out the amount of each different tax respect- 
 ively, and note opposite the lot or tract of land or per- 
 sonal property so entered, the words “ subsequent 
 assessment and the Collector shall then proceed to 
 collect the taxes thereon, in the same manner as pro- 
 vided in this ordinance for the collection of taxes on the 
 original warrant. If the Marshal or Collector has 
 reason to fear that property omitted to be assessed will 
 be removed from the city before the next meeting of 
 the Council, he may cause the Assessor to assess the 
 the same and collect the tax in the usual manner, with- 
 out reporting to the City Council as above provided. 
 
 Sec. 11. The Collector, Assessor, and City Clerk, Beport errora 
 and all other officers of the city, shall report to the City 
 Council any error in the assessment, valuation or des- 
 cription of property, or in the corresponding amount of 
 taxes, which may be found by them, or either of them, 
 and no correction of any such error shall be made in 
 the Collector’s warrant, unless by order of the City 
 Council, instructing the City Clerk, by resolution or 
 otherwise, to make and enter such correction in the 
 Collector’s warrant, adding thereto the words, “corrected 
 by order of the City Council.” 
 
 Sec. 12. After the expiration of the said twenty (20) 
 
CITY ORDINANCES. 
 
 [CHAP. 4. 
 
 Distress and 
 sale. 
 
 Same. 
 
 Payment of tax. 
 
 Receipt. 
 
 104 
 
 days, tlie Collector shall proceed to the collection of 
 taxes remaining unpaid, by distress and sale of personal 
 property of such delinquent or delinquents. The Col- 
 lector shall have power, by virtue of said warrant, as 
 constables on execution, to distrain and sell the personal 
 goods and chattels of any person chargable with any 
 real or personal tax, who shall neglect to pay the same 
 for the period of twenty (20) days after the publication 
 of notice as aforesaid. 
 
 Sec. 13. When the Collector distrains goods, he may 
 keep them at the expense of the owner, and previous to 
 any sale by the Collector of any goods or chattels dis- 
 trained by him, he shall give notice of the time and 
 place of their sale within live (5) days after the taking, 
 together with a description of the goods and chattels to 
 be sold and the amount of taxes and costs for which the 
 sale may be made, and in such manner as constables are 
 required to give notice of the sale of personal property 
 under execution. The time of sale shall not be more 
 than twenty (20) days from the day of the taking. The 
 sale shall be at public auction, and no more property (if 
 practicable) shall be sold than will be sufficient to pay 
 the taxes, the charges of keeping, costs, and fees for 
 sale. Any surplus arising from the sale shall be paid 
 to the owner of such property, and the Collector shall 
 give to the purchaser thereof a certificate, stating the 
 description of the property purchased, the price paid 
 therefor, and the day of sale. For such levy and sale 
 the Collector shall be entitled to the fees allowed by 
 law to constables for like services. 
 
 Sec. 14. Whenever any tax shall be paid to the 
 Collector, he shall mark the word “Paid,” together with 
 the name of the person making such payment, and the 
 date when paid, on the face of the warrant, opposite 
 the real or personal property charged therewith, and he 
 shall deliver to the tax-payer a receipt for such taxes 
 paid, stating the time of payment, the description of the 
 land or property, the amount of each kind of taxes and 
 
CHAP. 4.] 
 
 COLLECTION OF CITY REVENUE. 
 
 105 
 
 costs, if any, giving a separate receipt for each year, 
 and shall also retain a duplicate of such receipt. The 
 Collector shall, on the same day on which he makes his 
 deposits with the City Treasurer, deliver all such dupli- 
 cate receipts for taxes collected by him to the City. 
 
 Clerk, who shall hie the same in his office. 
 
 Sec. 15. The City Council may, from time to time, Return of 
 
 ^ ^ warrant. 
 
 extend the return day ot any tax warrant, by order or 
 resolution. On the return day, it shall be the duty of 
 the Collector to make return thereof to the City Coun- 
 cil, which return may be in the following form : 
 
 RETURN OF WARRANT. 
 
 State of Iowa, City of Davenport, ) 
 
 City Collector’s Office, , 18 — . ) 
 
 The undersigned, Collector of the city of Davenport, Form of. 
 makes return to the City Council of the within and fore- 
 going warrant, that he has collected the taxes on all 
 the real and personal property described in said warrant 
 opposite to which the word “paid” is written; that a 
 demand of payment has been made on the several other 
 taxes not marked paid, of the persons mentioned in said 
 warrant as liable to the payment thereof, and that he 
 has not been able to find any personal property belong- 
 ing to them, or either of them, subject to the payment 
 thereof ; he therefore returns the said warrant unsatis- 
 fied as to all taxes not marked “paid” on the face of 
 the warrant. , City Collector. 
 
 Sec. 16. On the return of any warrant unsatisfied, order for sale 
 in whole or in part, as to any taxes on real estate, an° lfca es ate ‘ 
 order shall be made by the City Council for the sale of 
 the real estate on which the taxes remain unpaid. A 
 certified copy of such order, signed by the Mayor and 
 Clerk under the corporate seal, shall be written upon or 
 ortherwise attached to the Collector’s warrant, and 
 delivered by the City Clerk to the Collector within a 
 reasonable time after such order shall be made, which 
 order, with said warrant, shall constitute the process 
 14 
 
CITY ORDINANCES. 
 
 [CHAP. 4. 
 
 Publication. 
 
 Same. 
 
 Mode of sale. 
 
 106 
 
 upon which the Collector shall sell the real estate 
 described therein. 
 
 Sec. 17. The Collector shall thereupon advertise the 
 said real estate for sale in the official newspaper or 
 newspapers of the city for six (6) consecutive weeks, and 
 said notice shall contain the name of the owner, when 
 known, the amount of taxes, costs and printer’s fee, and 
 the number of the lot, or description of the piece of 
 land on which the same are due, and also the time and 
 place of sale, unless payment be made of the taxes, 
 costs and printer’s fee on or before the day of sale. 
 The time fixed for selling shall not be later than the 
 first day of February in any year, without a special 
 order of the City Council. 
 
 Sec. 18. In all advertisements for the sale of the 
 real property for taxes in description and entries required 
 to be made by the Collector, Assessor, City Clerk, City 
 Treasurer, or any other officer, letters and figures may 
 be used as they have been heretofore, to denote town- 
 ships, ranges, sections, parts of sections, lots, blocks, 
 dates, and the amount of taxes, costs and fees ; and no 
 irregularity or informality in the advertisement shall 
 effect in any manner the legality of the sale, or the 
 title to any real property conveyed by the Mayor of the 
 city under the city charter and the provisions of this 
 ordinance. 
 
 Sec. 19. The Collector shall attend at the time and 
 place of sale of the real estate mentioned in said notice, 
 and then and there offer each lot or piece of land so adver- 
 tised for sale, on which the taxes shall not have been 
 paid previously thereto ; and if the Collector shall fail 
 to be present at the time and place aforesaid, he shall be 
 liable to a fine of not less than one hundred (100) dol- 
 lars, nor more than (1,000) dollars, to be recovered by 
 suit on his official bond. The sale shall be made for the 
 least quantity of the lot or piece of land for which any 
 person will pay the taxes, costs and printer’s fees thereon, 
 or the whole, if no bid for a less quantity is offered. 
 
CHAP. 4. j 
 
 COLLECTION OF CITY REVENUE. 
 
 107 
 
 The Collector shall, in offering the least quantity of a 
 lot or piece of land when such portion constitutes a 
 half or more of the parcel, take the same from the east 
 side thereof, dividing it lengthwise by a line parallel 
 with the proper line of the lots. The purchaser shall 
 forthwith pay to the Collector the amount due ; and in 
 case of failure to do so, the lot or parcel of land shall 
 be again offered for sale. The Collector shall continue 
 the sale from day to day, as long as there are bidders 
 or until the taxes are paid. 
 
 Sec. 20. Every purchaser at such sale shall be enti-Deed to pur- 
 
 . l ill c ^ ascr and 
 
 tied to a deed, signed by the Mayor, and which shall effect of. 
 contain the name of the purchaser, a description of the 
 number of lot, or the portion thereof, or the piece of 
 land, to him sold, the amount of taxes and the year for 
 which they became delinquent, and the costs and print- 
 er’s fees for which the same was sold. The Collector 
 is entitled to the same fees allowed County Collectors 
 for the same services. And this deed so made by the 
 Mayor shall have the same effect as the County Treas- 
 urer’s deed under sales made by him, as provided by 
 Art. 2 of Chap. 51 of the Revision of 1860, being Sec. 
 
 1111 of said Revision, which is hereby referred to and 
 incorporated herein ; and the holder of said deed shall 
 have all the rights given and conferred by the said 
 section of the Revision and the charter and ordinances 
 of the city. 
 
 Sec. 21. It shall be the duty of the Collector to keep Record of sales 
 an accurate record of the sales of real estate made by l ' y CoIIectol ‘ 
 him in pursuance hereof, and make return of such sales, 
 together with said warrant and order of sale, on or 
 before the first day of March in each year. The Col- 
 lector shall procure and file with said return a copy of the 
 notice ot sale, with certificates of the publisher or pub- 
 lishers of the official newspaper or newspapers of the city, 
 that the same was published in said paper or papers for at 
 least six (6) consecutive weeks prior to the day of sale, 
 
 that the first publication was made on the day of 
 
 ,18 — , and the last on the day of , 18 — . 
 
CITY ORDINANCES. 
 
 LCHAP. 4. 
 
 Same by Clerk. 
 
 Redemption. 
 
 Certificate of 
 redemption. 
 
 108 
 
 Sec. 22. On the return of said sales, the City Clerk 
 shall make a record thereof in a hook to he kept hy him 
 for that purpose, therein describing the several parcels 
 of real property on which the taxes, costs and printer’s 
 fee were paid hy the purchaser, as they are described 
 in the list of advertisements on tile in his office, stating 
 in separate columns the amount, as obtained from the 
 Collector’s warrant and tax list, of each kind of tax, 
 costs and printer’s fee, for each tract of lot or land, how 
 much and what part of each tract of lot or land was 
 sold, to whom sold, and date of sale. 
 
 Sec. 23. Real property sold under this ordinance 
 may be redeemed by the owner or any person interest- 
 ed, at any time before the right of the tax purchaser 
 shall become absolute, by paying the amount for which 
 the same was sold, with 25 per cent, interest per annum 
 on such amount, to the City Treasurer to be by him 
 held subject to the order of the purchaser. 
 
 Sec. 2d. The City Clerk shall, upon application of 
 any party to redeem any real property sold under the 
 provisions of this ordinance, and being satisfied that 
 such party has a right to redeem the same, issue to 
 such party a certificate of redemption, setting forth the 
 facts of the sale substantially as contained in the 
 deed, the date of redemption, the amount to be 
 paid, and by whom redeemed ; and he shall make 
 the proper entries thereof in the book wherein tax 
 sales are recorded, and shall immediately give no- 
 tice of such redemption to the City Treasurer. For 
 every redemption the City Clerk shall be entitled to a 
 fee of fifty (50) cents, to be paid by the party making 
 the same. Such certificate of redemption shall then be 
 presented to the Treasurer, who shall receive the 
 amount due as specified in such certificate, and coun- 
 tersign the same, and make the proper entries in his 
 books ; and no certificate of redemption shall be held 
 as evidence of such redemption, without such signature 
 of the Treasurer. The Treasurer shall keep an account 
 
COLLECTION OF CITY REVENUE. 
 
 CHAP. 4 ] 
 
 109 
 
 of all tlie redemption moneys, and report the same in 
 his monthly statement to the City Conncil. 
 
 Sec. 25. [As to prior sales, the Council on the 14tli 
 day of March, 1866, passed the following] : “If the Deeds on pno r 
 
 J certificates of 
 
 Treasurer is not able, by reason of no tax sale book sale, 
 being extant for sales for taxes, by which he is enabled 
 from record to countersign certificates of sale, if such 
 is testified by the Treasurer, then the Mayor of the city 
 shall, on demand of the bona fide holder, and on the 
 presentation of such certificate, regular on its face, and 
 presented after two years from day of sale, make, exe- 
 cute and deliver to the holder or owner of such certificate 
 a deed for said property, in said certificate described.” 
 
 Sec. 26. The Collector shall make a final settlement collector’s final 
 of the taxes and any other moneys collected or received se 
 by him, according to the provisions of this ordinance, 
 with a special committee appointed by the City Council 
 for that purpose, as soon after the last regular meeting 
 of the City Council in March, in each year, as said 
 committee or City Council may require. In such set- 
 tlement, the Collector shall be charged with the whole 
 amount of the real and personal tax placed in his hands 
 for collection, but shall be entitled to a credit for such 
 part of the taxes on personal estate to be specified in a 
 list prepared by the Collector, as the committee or City 
 Council shall be satisfied (from the affidavit of the 
 Collector and other evidence,) are wholly uncollectable 
 and could not have been collected. 
 
 Sec. 27. If any officer, upon whom any duty is Penalty for 
 
 , , , . J _. 7 _ r __ , o official neglect. 
 
 imposed by this ordinance, shall neglect or refuse to 
 perform the same, or shall be guilty of any malfeasure or 
 misfeasure in the performance thereof, he shall be subject 
 to removal from office, and shall pay a fine of fifty (50) 
 dollars in each case, to be recovered in a suit by the 
 city against such officer on his bond. 
 
 Sec. 28. Ho list, warrant, order, notice, process or informalities 
 proceeding required by this ordinance shall be deemed cule(i ' 
 defective by reason of any clerical error, or any infor- 
 
CITY ORDINANCE*. 
 
 ICHAF.4. 
 
 110 
 
 inality ; but any such list, warrant, order, notice, process 
 or proceeding shall be deemed sufficient which shall 
 substantially conform to the requirements of this ordi- 
 nance. 
 
 Sec. 29. All ordinances and parts of ordinances in 
 conflict with this ordinance are hereby repealed. 
 
 Passed and approved July 18, 1860. Amended to 
 read as above printed Sept. 12, 1866. 
 
 ARTICLE 8. 
 
 AN ORDINANCE to provide for the cancellation of 
 City Tax Sale certificates in certain cases. 
 
 Sec. 30. (1.) Be it enacted by the City Council of 
 the city of Davenport , That such owners of real estate 
 in said city, who hold certificates of sale for delinquent 
 city taxes, either issued to them or duly assigned to 
 them, on which the time for redemption has expired, 
 may procure a cancellation of the same by delivering 
 such certificates to the Clerk, who thereupon, and upon 
 receipt of twenty-five (25) cents fee for each certificate 
 so to be cancelled, shall endorse upon such certificate 
 the words, “cancelled by request of the holder of the 
 certificate and shall file the same in his office, and 
 shall make a like entry opposite to the entry of sale on 
 the city sale records in his possession and on the city 
 sale books in the possession of the City Marshal. 
 
 Sec. 31. (2.) All ordinances or parts of ordinances 
 in conflict with this ordinance are hereby repealed. 
 
 Passed and approved July 6, A. D. 1864.*“ 
 
 *Notk. — This chapter in relation to Revenue has been made to conform to the 
 provisions of the State law, passed March 22, 1S5S, entitled “An Act concerning 
 Taxes levied by Municipal Authorities.” Rev. of 1S60, Sec. 1144. By this the 
 purchaser is entitled at once to a deed ; whether his title becomes absolute if not 
 redeemed in three years as under existing State law, or whether he must foreclose 
 as under the Code before getting an irredeemable title, the ordinance does not 
 determine. See on this subject notes to charter, ante , pp. 34, 87, and the following 
 cases recently decided by the Supreme Court : 
 
 Street v. Hughes. 1. Tax deed— by Municipal authority. There is nothing in 
 Chap. 1 05, Laws of the Seventh G-eneral Assembly (Rev. 1S60, Sec. 1144) defining 
 
CHAPS. 5, 6.] 
 
 BRADY STREET-BATHING. 
 
 Ill 
 
 CHAPTER Y. 
 
 AN ORDINANCE for the extension of Brady street. 
 
 Sec. 1 . Brady street is extended from its present Brady street 
 termination along the line dividing ont-lots Ho. 9, 10, 
 
 11, 12, 13, 14, 15, 16, on the west, from ont-lots Ho. 17, 
 
 18, 19, 20, 21, 23, 24, on the east, to the line bounding 
 out-lots Ho. 9 and 24 on the north. 
 
 Sec. 2. Said extension shall be forty feet in width, Width> 
 extending twenty feet east and west from the division 
 line aforesaid. 
 
 Passed and approved, 1841. 
 
 CHAPTER YI. 
 
 AN ORDINANCE to prevent hathmg in front of 
 Davenport. 
 
 Sec. 1 . Ho person shall be allowed to go into the Bathing 
 river to bathe, in front of the city of Davenport, after forbldden 
 one-half hour before sun-rise, and until half an hour after 
 sun-set. 
 
 Sec. 2. Any person violating the provisions of this Penalty. 
 
 who shall make tax deeds under sales for municipal taxes, but this matter is lefo 
 to the provisions of the several charters. 
 
 2. statute construed. The object of said statute was to give a uniform 
 
 effect to the deeds made to purchasers at sales for municipal taxes, and a like 
 method for the foreclosure of the equity of redemption. 
 
 Burke v. Jeffries , et. al. 1. Municipal corporation — revenue. There is no 
 provision in the “Act for the incorporation of cities and towns,” approved March 
 23d, 1858, for the levy and collection of taxes, and for sales for delinquent taxes in 
 cities incorporated under a special law. 
 
 2. Repeal— by implication.- Repeals by implication are not favored by the 
 courts. 
 
 3. Municipal Corporation— statute construed .— Section 1123, Revision of 1860, 
 applies only to the towns and cities organized under the general act, and to those 
 which should adopt it, and not to those owing their chartered existence to special 
 acts. 
 
 4. cases doubted .— The case of Whiting v. Mt. Pleasant , 11 Iowa, 482 
 
 doubted. 
 
CITY ORDINANCES. 
 
 [CHAPS. 7,8, 
 
 Bulkhead in 
 river. 
 
 Right to repeal 
 
 Right to use 
 part of landing 
 and river. 
 
 112 
 
 ordinance shall, upon conviction thereof, pay a fine of 
 five dollars for each offence. 
 
 Passed and approved June 24, 1843. 
 
 CHAPTER YII. 
 
 AN ORDINANCE for the relief of Burrows & Pret- 
 
 tyman. 
 
 Sec. 1 . Messrs. Burrows & Prettyman, their heirs or 
 assigns, are authorized and empowered to erect a bulk- 
 head, artificial bank, or grade, to the east of their mill 
 on the bank of the Mississippi river, in such a manner 
 as to prevent injury to their property by ice. 
 
 Provided , however, that said bulk-head does not 
 extend further up the river than forty feet, nor further 
 into the river than any improvements already erected, 
 and 
 
 Provided^ further, that they pay all damage to indi- 
 vidual rights, resulting from such improvements. 
 
 Sec. 2. The city reserves to itself the right of repeal- 
 ing this ordinance whenever, in their opinion, the public 
 good shall require it. 
 
 Passed and approved May 18, 1849. 
 
 [Note. — This ordinance is repealed. See chapter 84, post.] 
 
 CHAPTER YIII. 
 
 AN ORDINANCE for the relief of /Strong Burnell. 
 
 Sec. 1. Strong Burnell is authorized to use the pub- 
 lic lands in front of block Ho. 5, in the city of Daven- 
 port, (except a street eighty feet in width, on the north 
 side of the said public lands ; and excepting also, a 
 street forty feet in width in front of the west side of 
 the lot occupied by Mrs. Dillon,) for the purpose of 
 
CHAP. 9.1 
 
 AUCTIONEERS. 
 
 113 
 
 storing logs and lumber, and hauling the same to and 
 from the river, and also, the right to use the landing in 
 front of said block, for landing logs, rafting lumber, 
 and other uses connected with said mill, for a term ot 
 twenty years, and the right to moor logs and lumber, 
 and leave them in the water the length of the block 
 below said block 5, until some application shall, be made 
 and granted for the use of said landing. 
 
 Provided , however, that said Burnell, his heirs or Payment for. 
 assigns, shall build and put into operation said mill 
 within one year from this date, and shall annually pay 
 into the treasury of the town the sum of one dollar. 
 
 Passed and approved September 10, 1849. 
 
 CHAPTER IX. 
 
 AN ORDINANCE relating to auctioneers. 
 
 Sec. 1. No person shall carry on the business of an Lieenge neees . 
 auctioneer, or sell, or hire, or offer for sale or hire, for ppTss, 8s. e anU 
 any person, at auction, any real or personal property 
 within the limits of the city of Davenport, without 
 obtaining an auction license. Any person wishing to 
 obtain an auction license shall first pay into the city 
 treasury the sum of fifty (50) dollars, and upon pro- 
 ducing a certificate from the Treasurer of the city of 
 said payment, the City Clerk shall issue an auction 
 license, and shall receive therefor one dollar fee. No 
 license to be granted for less than fifty dollars, even for 
 less time.* 
 
 Sec. 2. Said license shall be in force for the term of License, 
 one year from the date thereof, but it shall not authorize 
 the transaction of the auction business in more than one 
 place in said city at any one time. 
 
 Sec. 3. This ordinance shall not apply to sales under Exception. 
 
 Sec. 1 was amended December 7, 1864, so as to read as above printed. 
 
 15 
 
CITY ORDINANCES 
 
 [CHAP. 10 
 
 114 
 
 execution, mortgage, deed of trust, order of court, or 
 executor’s, administrator’s, or guardian’s sale. 
 
 Penalty. Sec. 4. Any person who shall violate any provision 
 
 of this ordinance, shall, on conviction thereof, pay a 
 tine of twenty dollars for each offense. 
 
 Passed and approved February 1, 1858, and August 
 17, 1859, and December 7, 1864. 
 
 CHAPTER X. 
 
 AN ORDINANCE to regulate the weighing of Hay 
 and Coal , and measurement of Wood , and to prohibit 
 the use of Spring Balances. 
 
 Public weigh- Section 1 . The City Council shall appoint one or 
 urers 1 appointed more public weighers and wood measurers, to hold their 
 office at the pleasure of the City Council for said city, 
 who shall be sworn to perform the duties of such office 
 to the best of their knowledge and ability, and in con- 
 formity with all the provisions of this ordinance. 
 
 Sec. 2. The public weigher shall, for the faithful 
 performance of his duties, give a bond of $1,000, with 
 sureties ; the public wood measurer shall give a bond 
 for $500, with sureties, which said bonds shall be 
 approved and revised by the City Council every year. 
 
 Sec. 3. Upon the presentation and delivery of such 
 approved bond and an affidavit of having been known 
 to faithfully fulfill the duties of his office, the City Clerk 
 is authorized to issue to said public weigher or wood 
 measurer a permit ; and for issuing such permit the 
 Clerk shall be entitled to a fee of $1, to be paid by said 
 public weigher or wood measurer. 
 
 Sec. 4. Such public weigher shall attend at all reas 
 onable times, to weigh any load which any person may 
 desire to have weighed ; aiid for every load or draft he 
 weighs he shall be entitled to the sum of ten cents ; and 
 lie shall keep an account of the weight of such load by 
 
 Bond. 
 
 Permit. 
 
 Clerk’s fee. 
 
 Weigher's 
 
 duties. 
 
CHAr. 10 ] 
 
 WEIGHING OF HAY, COAL, & C, 
 
 115 
 
 him weighed, and shall furnish to the person having 
 such load weighed, a certificate for each load, which 
 certificate shall contain the gross and nett weight of 
 such load weighed by him ; and he shall compute the 
 nett weight into the other denominations according to 
 the standard of weights and measures of the State ot 
 Iowa. And such a table of standard weights and 
 measures of the State of Iowa shall be posted at some 
 conspicuous place in his office. 
 
 Sec. 5. Such certificate of weighing shall be stamped Certificate, 
 by the City Clerk with the city seal. 
 
 Sec. 6 . Upon the payment of two dollars the City 
 Collector shall deliver to such public weigher a receipt 
 for the same, and upon the presentation of such receipt, 
 the City Clerk is authorized to affix the city seal to one city seal, 
 hundred receipts to be furnished by the public weigher. 
 
 For stamping such certificates the City Clerk shall be 
 entitled to a fee of ten cents per hundred, to be paid by 
 said public weigher. 
 
 Sec. 7. FTo public weigher shall give a certificate for Duties of 
 
 ° weigher spC' 
 
 any load weighed by him, without having weighed the fied 
 empty w r agon or dray within 24 hours before or 2d hours 
 after such load was weighed, unless he has the 
 written consent of the buyer of such load, in which 
 case he shall put down the date when such empty wagon 
 or dray was weighed last. And it shall be his duty to 
 see that the empty wagon or dray is in the same condi- 
 tion as when the full load was weighed ; it shall be the 
 rule that the driver of a horse or mule team is always 
 on the wagon or dray ; that the driver of an ox team is 
 always off the wagon or dray ; and it shall be the duty 
 of the weigher to mark on the certificate any deviation 
 from this rule ; and it shall be the duty of the public 
 weigher to see that there is never more than one person 
 on the wagon or dray, and that there is nothing on the 
 w T agon or dray, open to the eye, which does not properly 
 belong to the load or wagon when the full load is 
 weighed, and when the empty wagon or dray is 
 weighed. 
 
CITY ORDINANCES. 
 
 [CHAP. 10. 
 
 116 
 
 Sec. 8. The public weigher is responsible for any 
 damage done by the neglect of his duty, carelessness in 
 weighing, and incorrectness of his scale. 
 
 Sec. 9. Any person acting as a public weigher with- 
 out having complied with the provisions of this ordi- 
 nance, shall pay, on conviction, a fine of ten dollars 
 and costs for each offense. 
 
 weigher against Sec. 10. Any public weigher violating any provision 
 of this ordinance shall be liable, (if there is no fraudu- 
 lent intention proven), to a fine of $5 and costs for the 
 first offense ; to a fine of $10 and costs for the second 
 offense ; to a fine of $25 and costs for the third offense, 
 to be paid to the City Collector ; and it shall be at the 
 option of the City Council to repeal his permit after 
 the third offense ; if there is a fraudulent intention 
 proven, on conviction thereof, to a fine of $25 and costs, 
 to be paid to the City Collector, for the first offense, 
 with the repeal of his permit to act as public weigher. 
 
 Hay and coal. g EC . n. All hay and coal offered for sale in the city 
 of Davenport shall be sold by weight, to be weighed by 
 the public weigher appointed by the City Council, un- 
 less otherwise agreed between both parties. 
 
 Fraud of seller. s EC . |2. If any person after having weighed a load 
 or a parcel of a load shall remove any portion of such 
 load or parcel of a load before delivery, with intent to de- 
 fraud the purchaser, such person, on conviction thereof, 
 shall pay a fine of not less than $50 and costs, nor more 
 than $100 and costs. 
 
 wocdmea, g E c. ig. All wood offered for sale in the city of 
 Davenport shall be sold by measure, the same to be 
 measured by the public wood measurer, appointed by 
 the City Council, unless otherwise agreed between both 
 parties. 
 
 Duty ° f moas- g E0> i-j. . The wood measurer shall attend at the 
 levee between Brady and Bipley streets, at all reason- 
 able times, and measure any wood which persons may 
 desire to have measured, for which he is entitled to re- 
 ceive ten cents for each cord and fraction of a cord 
 
 Liability. 
 
 Others pro- 
 hibited. 
 
CHAP. 11. J 
 
 CITY SOLICITOR. 
 
 117 
 
 wlien the quantity shall not^exceed two cords ; and for 
 each additional cord or fraction of a cord, five cents. 
 
 He shall be responsible for any damage occasioned by 
 his neglect, carelessness or fraudulent measurement, 
 and on conviction of fraudulent measurement he shall l iability. 
 pay a line of not less than $10 and costs nor more than 
 $50 and costs to the City Collector, and his permit shall 
 be repealed. 
 
 Sec. 15. If any person without the consent of the Liability of 
 
 _ seller. 
 
 purchaser shall sell and deliver in the city of Daven- 
 port any load of hay or coal otherwise than by weight, 
 or without having it weighed by a public weigher, or 
 any wood otherwise than by measurement, and without 
 having it measured by the public wood measurer, he 
 shall pay, on conviction thereof, a fine of not less than 
 $5 and costs, and not more than $10 and costs, for each 
 offense, to the City Collector. 
 
 Sec. 16. This ordinance shall be printed and a copy posting, 
 of it shall be posted at a conspicuous place at the office 
 of every public weigher. 
 
 Sec. 17. All ordinances heretofore passed regulating Repeal spring 
 
 • • ^ 1)3/13/I1CGS 
 
 the weighing and sale of hay andjcoal, or any other 
 article, measurement of wood, and to prohibit the use 
 of spring balances, are hereby repealed. 
 
 Passed and approved July 12, A. D. 1865. 
 
 [Note.— See Chapter 34 for ordinance relating to inspection and measurement 
 of lumber.] 
 
 Note.— Ordinances requiring wood to be measured and coal to be weighed by 
 city weighers are not in restraint of trade and are valid. Stokes v. N. Y. City, 14 
 Wend., 8T. See ante charter, pp. 39, 40. 
 
 CHAPTER XI. 
 
 AN ORDINANCE providing for the appointment of 
 a City Solicitor. 
 
 Section 1 . There shall be appointed whenever the Appointment. 
 City Council shall deem it expedient, and at the first 
 
CITY ORDINANCES. 
 
 [CHAP. 10. 
 
 Duty. 
 
 Duty. 
 
 Draw contracts, 
 defend suits, 
 &c. 
 
 Other counsel. 
 
 Compensation. 
 
 118 
 
 regular meeting in April, in each year hereafter, some 
 competent Attorney or City Solicitor, who shall con- 
 tinue in office until his successor is appointed. 
 
 Sec. 2. It shall he his duty to give his legal opinion 
 upon questions of law arising out of any ordinance, suit, 
 claim, or demand, for or against the city ; also act as 
 legal adviser of any and all the city officers, so far as 
 their official duties are concerned, when called upon for 
 that purpose. 
 
 Sec. 3. The City Solicitor shall report to the City 
 Council any defects in any city ordinance, or in the 
 powers of any officer which he may discover in the dis- 
 charge of his duties, especially those having a legal 
 hearing, and shall draw all ordinances when required 
 to do so hy the Ordinance Committee. 
 
 Sec. 4. He shall draw all contracts between the city 
 and other parties, attend the Mayor’s and Police Magis- 
 trate’s court, and prosecute or defend, all suits or 
 actions, for the violation of any city ordinance, or other 
 matter, in which the city shall he a party, and shall 
 take appeals in such cases as he shall deem the interest 
 of the city requires ; and prosecute or defend the same 
 in the Appellate, District, or Supreme Court, and when, 
 by reason of absence, sickness, or any cause, he shall 
 not be able to attend to any of the duties required of 
 him, he may, or the Mayor of the city may, appoint 
 some one to act in his place for the time being, but at 
 the cost of said Solicitor. 
 
 Sec. 5. Assistant counsel may be employed in any 
 case at the discretion of the Mayor or City Council. 
 
 Sec. 6 . It shall be the duty of the City Solicitor to 
 perform such other professional duties as may be from 
 time to time by the City Council required ; and said 
 officer shall receive as a compensation for all said ser- 
 vices, the sum of live hundred dollars per annum. 
 
 Passed and approved June 4, 1856. 
 
 [For further provision as to salary see Chapter IS ; notice of suits served on 
 City Attorney, see Chapter 89.] 
 
CHAPS. 12, 13.] 
 
 COTES & DAVIES— ELECTION. 
 
 119 
 
 CHAPTER XII. 
 
 AN ORDINANCE granting Cotes do Dames certain 
 privileges. 
 
 [This ordinance granted certain privileges in the pub- 
 lic landing, and expired by limitation, March 5, 1861, 
 and is not re-printed.] 
 
 CHAPTER XIII. 
 
 ARTICLE 1. 
 
 AN ORDINANCE providing for the election of 
 Mayor , Clerk , Treasurer , and Marshal , and defining 
 their duties. 
 
 Section 1. There shall be a poll opened at such Election, 
 place, in each ward in the city, as the City Council 
 shall designate, on the first Saturday in April, in each 
 year, at nine o’clock A. M., and continue open till six 
 P. M., and at the discretion of the judges of election, 
 until nine o’clock P. M., which shall be conducted in Time of, &c. 
 all respects as are such elections for State and county 
 officers in Iowa, for the election of a Mayor, Clerk, 
 Treasurer, and Marshal, for the city of Davenport. 
 
 Sec. 2. The City Council shall appoint three electors judges of. 
 of said city for each ward, to act as judges and clerks 
 of said election, who shall, after qualifying according 
 to the laws of this State, receive votes for the offices 
 aforesaid. 
 
 Sec. 3. The person receiving the highest number of Wh0 clecte d. 
 votes for the office voted for, shall be declared elected 
 by the judges of said election. 
 
 Sec. 4. The persons so elected shall hold their Term, 
 respective offices for the term of one year, and until 
 their several successors are duly elected and qualified.* 
 
 * As to filling vacancy in Treasurer’s office see Art. 4 of this Chapter. 
 
[CHAP. 13. 
 
 Mayor to qual- 
 ify. 
 
 Bonds of Clerk, 
 Treasurer and 
 Marshal. 
 
 Mayor’s duties. 
 
 Oath. 
 
 Bonds pre- 
 served. 
 
 Failure to 
 qualify. 
 
 Vacancy. 
 
 220 CITY ORDINANCES. 
 
 Sec. 5. The person receiving the highest number of 
 votes for Mayor shall be declared elected, and such 
 person shall qualify by taking the oath of office, and 
 giving a bond with sureties, and in a penalty to the 
 satisfaction of the City Council. 
 
 Sec. 6 . The Clerk, Treasurer and Marshal shall sev- 
 erally give bonds and security in such sum as the City 
 Council shall require, and with such conditions as a 
 majority of said Council shall, at their first regular 
 meeting or special meeting thereafter, think proper to 
 affix. 
 
 Sec. 7. Should the City Council neglect or refuse to 
 affix the amount and designate the conditions of said 
 bond, the Mayor of said city shall fix said amount, and 
 designate the conditions thereof, which shall remain 
 valid until the City Council shall determine said amount 
 and conditions themselves. 
 
 Sec. 8. Said officers shall each take and subscribe an 
 oath of office, which shall be endorsed on their respect- 
 ive bonds, in substance as follows : 
 
 I, A. B., do solemnly swear (or affirm) that I will 
 discharge the duties of of the city of Davenport; 
 
 that I will omit no duty knowingly ; that I will see the 
 several ordinances and charter of said city, so far as 
 they relate to said office, enforced ; that I will cause all 
 violations of the same to be inquired into, and will 
 otherwise perform the duties required of me by the 
 conditions of the within bond, faithfully, impartially, 
 and according to the best of my knowledge and ability, 
 so help me God. 
 
 Sec. 9. Said bonds, when duly executed, shall be 
 filed and preserved by the Clerk of said city, except 
 the bond of the Clerk, which shall be filed and pre- 
 served by the Treasurer thereof. 
 
 Sec. 10. On the failure, neglect, or refusal, of any 
 officer, who shall be elected under this ordinance, to 
 qualify as aforesaid within thirty days after his election, 
 the office shall thereby become vacant, and the election, 
 
CHAP. 13.] 
 
 ELECTION. 
 
 121 
 
 so far as it relates to that office, shall be null and void, 
 and the same shall he filled in the same manner as if it 
 had occurred by a voluntary resignation. Or if any 
 officer shall violate his oath of office, it shall in like 
 
 Cm- 
 
 manner become vacant, and the vacancy in like manner 
 he filled. 
 
 Sec. 11. Any officer charged with the violation of Tried before 
 
 J “ . Council. 
 
 his oath of office shall he tried by the City Council, and 
 shall have at least five days notice of the time and place 
 of such hearing or trial, with a specification of all 
 charges to be then and there brought against him ; 
 and, it is further provided that any officer, thus re- 
 moved, shall not thereby be exempt from liability on 
 his bond for neglect of duty, nor exonerated from pun- 
 ishment for crime, but he may be prosecuted therefor 
 in the same manner as if no removal had been made. 
 
 Sec. 12. It shall be the duty of the City Clerk to Duty of cierk 
 prepare and have ready for the inspection of the Mayor ^5 of tins 
 and Aldermen, at the last regular meeting in March, of 
 each year, an account of moneys received and expended 
 by the said city since the last annual election, with the 
 source from which they were derived, and the objects on 
 which they were expended. He shall notify all officers 
 of their election or appointment to office, and the 
 time when they shall appear and qualify as such. He 
 shall report at the end of his term the amount of orders 
 allowed, and not drawn, in his hands, belonging to 
 different persons ; and he shall also perform such other 
 duties as are or may be required of him by resolution 
 or ordinance of said city. 
 
 Sec. 13. It shall be the duty of the City Marshal of Duty of Mar- 
 the city of Davenport, to see that the ordinances of said Art.'s of this ° 
 
 . <•» i iii n . . chapter. 
 
 city are enforced, when he knows of a violation of any 
 of their provisions of his own knowledge, or when a 
 complaint shall be made to him of their violation, in 
 writing, signed by any citizen, stating of what violation 
 he wishes to complain, the name of the violator, and 
 
 the name of the witnesses to establish such violation, 
 
 16 
 
Treasurer’s 
 duty. See Art 
 3 of this chap- 
 ter. 
 
 Assessor made 
 Deputy. Col 
 lector. 
 
 Duty of Deputy 
 Collector. 
 
 12*2 CITY ORDINANCES. [CHAP. 13. 
 
 said Marshal shall forthwith inquire, and if there is 
 probable grounds to believe that such violation has 
 occurred, he shall immediately institute suit before the 
 proper tribunal for the recovery of the penalty for such 
 violation. He shall make quarterly reports, and oftener 
 if required by them, to the City Council, of his acts and 
 doings as such Marshal. He shall pay over, monthly, to 
 the Treasurer of the city, all moneys, and other prop- 
 erty, in his hands, belonging to said city. He shall, at 
 the last regular meeting in March, of each year, return 
 the assessment roll of the past year, together with proper 
 vouchers of his having paid over the entire revenue of 
 the city for the year, which was possible to be collected. 
 
 Sec. 14 . It shall be the duty of the City Treasurer 
 to receive and pay out, according to the requirements 
 of the City Council, the revenue, funds, and .property, 
 of said city, and he shall, at the last regular meeting in 
 March, of each year, and at such other times as re- 
 quired, make out and present a report to the City 
 Council, showing the amount of money, of orders, and 
 other property, on hand, of the city. 
 
 [Note,— Augpist 5, 1863. An additional section known as Section No. 15 was 
 passed, giving six (6) per cent, interest on city orders from date of presentment, 
 hut this section (15) was repealed "by ordinance of July 6, 1864.] 
 
 ARTICLE 2. 
 
 AN ORDINANCE relating to Deputy Collector. 
 
 Section 1 . That the City Assessor shall be the 
 Deputy Collector from and after the first day of March, 
 until the last day of December of each year. 
 
 Sec. 2. It shall be the duty of the Deputy Collector 
 to collect under the direction and at the office of the 
 City Collector of the city of Davenport, all taxes and 
 assessments, to keep a separate book, wherein shall be 
 entered in several distinct columns, the amounts of 
 cash, the amounts of city orders, and the amounts of 
 road tax receipts received in payment of said taxes and 
 assessments, and to pay over each and every day the 
 amounts so collected to the City Collector. 
 
CHAP. 13.] 
 
 HOOKS AND ACCOUNTS OF CITY. 
 
 123 
 
 Sec. 3. The Deputy Collector shall qualify as the Bondandoath- 
 City Collector, hut his bond shall not exceed $2,000, 
 subject to the approval of the City Council. 
 
 Sec. 4. The salary of the City Collector shall be, salary, 
 for the ten months term of his office, fifty dollars per 
 month, payable monthly. 
 
 Passed and approved April 4, 1802. 
 
 [Amended as above printed, March 1, 1865. As to duties of Collector sec 
 Chapter 4.] 
 
 ARTICLE 3. 
 
 AN ORDINANCE to provide the 'manner in which 
 the hooks and accounts of the City of Davenport shall 
 he kept. 
 
 Whereas, The financial system of the city of Daven- Preamble, 
 port should be such as to give a clear insight into all 
 the financial affairs of the city, of all the money re- 
 ceived and paid out, all the orders issued and paid and 
 the amount of the floating debt — and by which the 
 books ot one officer shall balance, check and complete 
 the books of the other officers ; and 
 Whereas, This result can only be obtained by same, 
 having the duties of the Collector, Treasurer and Clerk 
 clearly defined, so that all the money received goes 
 through the hands of the City Collector, all the money 
 paid out be paid by the City Treasurer, and that the 
 principal book for the finances of the city be kept by 
 the City Clerk ; 
 
 Therefore , he it enacted by the City Council of the 
 city of Davenport, That from and after the 1st day of 
 April, A. D. I860, it shall be the duty of the 
 
 1. CITY COLLECTOR (OR MARSHAL) 
 
 1. To receive all money paid to the city and give a Marshal tore- 
 receipt tor the same. For this purpose lie shall keep ceive a11 money 
 two books with tags containing duplicate receipts ; one 
 book for taxes received and one for money otherwise Books, 
 received. 
 
CITY ORDINANCES. 
 
 [CHAP. 13. 
 
 Day-book and 
 ledger. 
 
 Separate funds. 
 
 Pay over 
 weekly. 
 
 Monthly report. 
 
 Treasurer when 
 and how to pay 
 out. 
 
 Day-book and 
 ledger. 
 
 Cancel orders. 
 
 Monthly report. 
 
 124 
 
 2. To keep a regular day book of all the money 
 received and paid over by him ; also a ledger in which 
 lie shall keep the following funds distinctly separate, 
 viz : general fund, road fund and special fund, (the 
 designatives of which shall be taken from the order by 
 which the tax is levied.) These three different funds 
 may be sub-divided in, and the account kept separate 
 for such sub-funds, as the Council from time to time 
 may order. 
 
 3. To pay over to the City Treasurer at least every 
 week all the money received, and take therefor the 
 Treasurer’s receipt in a book kept for that purpose, 
 which receipt shall also show now much money received 
 on each fund and sub-fund. • 
 
 4. To make a full monthly report up to the first of 
 every month to the City Council, stating how much 
 money in total, how much on each fund, and how much 
 on each sub-fund he has received, and paid to the Treas- 
 urer, and on hand. - 
 
 II. OF THE CITY TREASURER. 
 
 1. To pay out money only on regular city orders, 
 signed by the Mayor and Clerk of the city, except 
 interest on orders and coupons. 
 
 2. To keep a regular day-book of all the money 
 received and paid ; also a ledger in which he shall keep 
 distinctly separate the different funds and sub-funds as 
 hereinbefore provided for the Collector. 
 
 3. To cancel all city orders paid by him and mark 
 thereon the date when paid, and when called for by the 
 City Council or any one appointed by them for that 
 purpose, to deliver to them the paid and canceled orders; 
 lie shall take their receipt therefor in his books, by 
 which also the number, date and amount of each can- 
 celed and paid order must appear. 
 
 4. To make a full monthly report up to the first of 
 every month to the City Council, stating how much mon- 
 ey in total, how much on each fund, and how much on 
 each sub-fund he has received, paid, and on hand ; also 
 
CHAP. 13 ] 
 
 BOOKS AND ACCOUNTS OF CITY. 
 
 125 
 
 liow much money lie has paid on orders issued since the 
 1st day of April, A. D. 1865, how much on orders issued 
 previous to that time, and how much without orders, on 
 interest on orders, and on coupons. 
 
 III. OF THE CITY CLERK. (SEE ART. 5.) 
 
 1. To keep an order hook with tags containing dupli- Q r ^; book an 
 cate orders. On said orders and tags he shall also des- ta §' 8 - 
 innate for which funds and sub-funds the same are issued. 
 
 o 
 
 It shall also be his duty on receipt from the City Coun- 
 cil, or any one thereof, of the canceled and paid orders, • 
 
 to keep the same in separate packages and to mark 
 each tag or duplicate of the said canceled and paid 
 orders with the same mark as he has marked the pack- 
 age containing the same. 
 
 2. To keep a regular day-book of all the orders Day-book and 
 issued by him, in which there shall also appear when 
 
 the same were ordered by the City Council ; a ledger 
 in which he shall keep distinctly separate the different 
 funds and sub-funds as hereinbefore provided for the 
 Collector, and in which he shall also keep an account 
 with each city officer — and a receipt book in which he 
 shall take a receipt for each order delivered. 
 
 3. To make a full monthly report up to the first of Monthly report 
 every month to the City Council, stating what amount 
 
 of orders he has issued in total, for each fund and sub- 
 fund, and their numbers. 
 
 4. To keep the monthly reports of the City Collector, BookB how 
 Treasurer, and Clerk, (as hereinbefore provided for) on kept - 
 
 file as a day-book, also a main book or ledger, in which 
 he shall keep the following accounts: “cash,” “gen- 
 eral fund,” “road fund,” “special fund,” “order ac- 
 count,” “old order account,” “interest account,” and 
 “ coupon account.” In this book he shall enter in the 
 above mentioned accounts as follows : The amount of 
 
 money received as per monthly report of City Collector, 
 cash must be debited with, and the general, road or 
 special fund credited. The amount of orders issued as 
 per monthly report of the City Clerk, the order account 
 
CITY ORDINANCES. 
 
 Report. 
 
 Same. 
 
 Finance Com- 
 mittee-duties. 
 
 Report . 
 
 Same. 
 
 Books to be 
 provided by 
 city. 
 
 126 
 
 [CHAP. 13. 
 
 must be credited with, and the general, road or special 
 fund debited. The amount of money paid as per 
 monthly report of the City Treasurer, cash must be 
 credited with, and the order account, old order account, 
 interest account, or coupon account debited. He shall 
 strike the balance of this book every three months and 
 report the same to the City Council. 
 
 5. To report to the City Council at the end of the 
 financial year what amount and which numbers of the 
 city orders issued since the 1st day of April, A. D. 
 1865, have not yet been paid, cancelled and delivered 
 to him. 
 
 IV. OF THE FINANCE COMMITTEE. 
 
 1. To examine the books and reports of the City 
 Collector, Treasurer and Clerk at the end of every three 
 months and to certify thereto in the books of those offi- 
 cers ; also to take from the City Treasurer at the end 
 of every three months all the cancelled and paid orders 
 as reported by him in his monthly report, and deliver 
 the same to the City Clerk for the purpose hereinbefore 
 stated, and to take the Clerk’s receipt therefor in a book 
 kept for that purpose. 
 
 2. To report to the City Council at the next regular 
 meeting after such examination, what amount of 
 orders they have delivered to the Clerk, how large the 
 floating debt of the city is from the orders issued since 
 the 1st day of April, A. D. 1865 ; in what condition 
 they have found the books of each officer, and whether 
 the same balance and complete each other. 
 
 3. To make at the end of each financial year to the 
 City Council a full report of the financial affairs of the 
 city. 
 
 All the books to be kept by the city officers, as here- 
 inbefore provided, shall be procured at the expense of 
 of the city, and be open for inspection at all reasonable 
 times, and delivered to their successors at the expiration 
 of their term of office. 
 
CHAP. 13.] BOOKS AND ACCOUNTS, &c.— VACANCY. p>y 
 
 All ordinances or parts of ordinances in conflict with 
 this ordinance are hereby repealed. 
 
 Passed and approved March 1st, A. D. 1865. 
 
 Resolved, That from and after the 1st day of April, 
 
 A. D. 1865, the general fund shall be sub-divided in and 
 kept separate for the following sub-funds: “Judgment Sub . funds 
 account,” “Interest account,” “Coupon account,” “Police named 
 department,” “City Cemetery,” “Salaries for city offi- 
 cers,” “Fire Department,” “Public grounds and build- 
 ings,” “Wharfage,” “Gas,” “License,” “Board of 
 Health,” “Tax Sales and Refunded,” “Printing, Adver- 
 tising and Stationery,” “Removing nuisances,” “Inci- 
 dentals.” And the road fund shall be sub-divided in 
 and the accounts kept separate for the following sub- 
 funds : “ Street work,” “ Material for streets,” “ City 
 stone quarry,” “Poll tax.” 
 
 Resolved , That the City Collector be required to Book for tax 
 leave a column in the tax book for lands sold for city saes ’ 
 taxes, and that it shall be his duty to record the same 
 when they are redeemed. 
 
 Adopted March 1, 1865. 
 
 ARTICLE 4. 
 
 AN ORDINANCE to Jill vacancy in Treasurer's 
 
 Office. 
 
 That whenever a vacancy occurs in the office of the vacancy in 
 Treasurer of the city, the Mayor shall be, and is hereby fiued 8Ury_h0W 
 authorized to fill the vacancy by appointment, and the 
 officer so appointed shall, if confirmed by the Council, 
 hold the office until the next general election thereafter, 
 lie shall qualify the same as if he had been elected. 
 
 Passed and approved Feb. 10, 1861. 
 
 [Amended Sept. 25, 1865, to read as above printed.] 
 
128 
 
 CITY ORDINANCES. 
 
 [CHAP. 18. 
 
 Official bonds 
 to be recorded 
 or preserved. 
 
 Ordinances to 
 be recorded. 
 
 Compensation. 
 
 City orders. 
 
 Clerk responsi- 
 ble for books, 
 &c. 
 
 Office created. 
 
 How chosen . 
 
 ARTICLE 5. 
 
 AN ORDINANCE relating to the duties of City 
 
 Cleric . 
 
 Section 1. It shall be the duty of the Clerk to record 
 at length in the journal, or preserve in a separate book 
 kept for that purpose, all official and other bonds taken 
 by the city, but these need not be published in the 
 printed proceedings. 
 
 Sec. 2. It shall also be the duty of the Clerk here- 
 after to record at length in the journal, all ordinances or 
 amendments thereto, passed by the City Council, for 
 which he shall be allowed pay at the rate of live cents 
 per hundred words. He shall also preserve in a book, 
 with the proper certificate, a printed copy of each ordi- 
 nance passed by the Council. And the City Clerk shall 
 in no case issue an order unless the amount has been 
 allowed by the City Council. 
 
 Sec. 3. The Clerk is made personally responsible for 
 the safe custody of all books and papers belonging to 
 his office, and shall in no case allow the original of 
 any official book, record, or paper to be taken therefrom 
 for any purpose. 
 
 Passed and approved Sept. 25th, I860. 
 
 CHAPTER XIY. 
 
 AN ORDINANCE establishing the office of City 
 Engineer and defining his duties. 
 
 Section 1 . The office of City Engineer is hereby 
 established. 
 
 Sec. 2. The City Engineer shall be chosen annually 
 by the City Council, on the first Wednesday of April, 
 or such other time as the same may be vacant, and shall 
 hold his office for the term of one year from the first 
 Saturday in April, and in either case until his successor 
 is duly elected and qualified. 
 
 Term. 
 
CHAP. 14.] 
 
 DUTIES OF CITY ENGINEER. 
 
 129 
 
 Sec. 3. lie shall he well skilled in the science of Qualifications, 
 civil engineering and building, and the practical appli- 
 cability thereof. 
 
 Sec. 4. He shall take the oath required of other city ° ath and bomL 
 officers, and shall give bond in the sum of two thousand 
 dollars for the faithful performance of his duties. 
 
 Sec. 5. It shall he the duty of the City Engineer — 
 
 1st. To see to the protection of all real estate belong- pities as to 
 ing to the city; to cause to he carried into effect all 8treets,&c 
 ordinances of the City Council concerning streets, 
 alleys, and other public places ; superintending the 
 opening and grading of the same, and removing all 
 obstructions therefrom. 
 
 2d. To preserve in his office all maps, plats and snr- Reeorclg 
 veys of the city, with ail records, hook, papers, and 
 other documents relating thereto. 
 
 3d. To exercise full supervision over all contracts contract?, 
 made by the city with persons or corporations for the 
 grading of streets or alleys ; construction of public 
 works, or erection of public buildings, and in all other 
 cases where the interests of the city require his care and 
 attention. 
 
 4th. To keep in suitable books full and accurate Accounts, 
 accounts of all receipts and disbursements made under 
 his supervision, and a systematic record of all trans- 
 actions relative or pertaining to his office. 
 
 5th. To report to the City Council, at its regular „ 
 
 x u ; ~ Reports. 
 
 meeting in January and July of each year, and oftener 
 if required, a general abstract of all his operations for 
 and in behalf of said city during the previous six 
 months, or since his last report, the contracts made, if 
 any, the work executed, and remaining to be executed, 
 the expenditures and disbursements, the amount re- 
 maining to be disbursed, and such other information as 
 he may deem of interest to the city, or as the Council 
 may require. 
 
 6th. To do and perform all other duties and acts 0ihev dutjeg 
 relating to the matters placed under his charge, as the 
 17 
 
CITY ORDINANCES. 
 
 [CHAP. 14. 
 
 Employed by 
 lot owners. 
 
 Compensation 
 
 Lowest bidder. 
 Notice. 
 
 Bids. 
 
 Same. 
 
 130 
 
 City Council, by vote or resolution, may from time to 
 time require. 
 
 Sec. G. Any person proposing to build upon, enclose 
 or ascertain the location of any lot or parcel of land 
 within the city limits, may apply to the City Engineer 
 for the lines of the street adjoining said lot or parcel of 
 land, and for the grade of such streets ; and the City 
 Engineer shall ascertain and mark the same, and give a 
 certificate thereof, and for such service he shall collect 
 of the person . so employing him, the sum of three dol- 
 lars, and if the same necessarily occupies him beyond 
 the space of four hours, he shall charge the sum of fifty 
 cents for each additional hour employed. 
 
 Sec. 7. All public works ordered by the City Coun- 
 cil, unless otherwise directed, shall be let by the City 
 Engineer to the lowest and best bidder, and approved 
 by the City Council. Notice of the letting of any such 
 work shall be given for two weeks, in such papers as 
 the City Engineer shall order ; in which the nature of 
 the work, the place where the specifications may be 
 seen, and the time when bids will be received, shall be 
 be stated.* 
 
 Sec. 8 . Bids for such work shall be signed by the 
 bidder, enclosed in a sealed envelope, and not be opened 
 until the day fixed in the notice, and then only in the 
 presence of the Mayor of the city and the City Engin- 
 eer, unless the Council order otherwise. 
 
 Sec. 9. Each bid shall be accompanied by a state- 
 ment by the persons offered by the bidders as sureties, 
 declaring their willingness to become such sureties, in 
 event of the contract being awarded to the bidder ; 
 and shall also be accompanied by a bond to the city, 
 
 * Engineer— duty to advertise.— As to duty to advertise for bids, see 19 Ind , 
 135 ; 22 N. Y., 162, and cases. 
 
 Rights op Lowest Bidder. — Brady v. The Mayor , 20 N. Y., 312 ; 17 id., 5S4 ; 
 id., 457 ; 13 Barb., 567 ; 15 How. Pr. R., 42S ; 10 N. Y., 504 ; 4 Sandf. Sup. Ct. R., 
 221 ; 26 Barb., 240 ; 5 Ohio St., 234. 
 
 Measurement op Masonry.— S ee “ Index” for ordinance on this subject. 
 Other Points.— See ante, p. 62. 
 
CHAP. 14.] 
 
 DUTIES OF CITY ENGINEER. 
 
 131 
 
 in the sum of two thousand dollars, signed by the bid- 
 der and a respectable surety ; conditioned that the 
 bidder, if his bid be accepted, shall enter into a written 
 contract to do the work bid for, according to the terms 
 of the bid, at such time as the City Engineer shall re- 
 quire. 
 
 Sec. 10. Bids shall be opened by the City Engineer same, 
 on the day notified, at the- hour of 12 o’clock, M., in 
 the presence of the Mayor, and - the lowest and best 
 bid shall be accepted, if the sureties offered be accepted. 
 
 Sec. 11. The performance of all contracts let out, Bond of com 
 
 x . . tractor. 
 
 shall be secured by bond, signed by the principal, and 
 at least two sufficient sureties, to be approved by the 
 Mayor, which penalties shall be determined by the 
 Mayor, and the City Attorney, and the City Engineer. 
 
 Sec. 12. If the person whose bid is accepted shall Failure of con- 
 fail to enter into contract, as aforesaid, the City Engi- 
 neer may award the contract to the next lowest bidder, 
 or advertise for new proposals, as in his judgment he 
 deem best for the interest of the city ; and the person 
 so failing to enter into contract, shall forfeit on the 
 same ten per cent., for the use of the city, to be col- 
 lected, by action, in favor of the city of Davenport. 
 
 Sec. 13. All contracts, after being drawn up, shall Contracts ap- 
 
 t-i n ° -1-1*1 proved and 
 
 be submitted to the City Engineer tor approval, which, recorded, 
 if given, shall be endorsed thereon, and the whole shall 
 be recorded in the Engineer’s office, in a book furnished 
 for that purpose by the city. 
 
 Sec. 14. The City Engineer shall report to the City violation of 
 Council all violations of any contracts, and it may sus- c011tlac1, 
 pend its execution when the contractor fails to comply 
 with the terms thereof, or with the direction of the City 
 Engineer, in relation to and consistent therewith. 
 
 Sec. 15. No person, excavating earth or stone, on any Employccg of 
 public street, alley or ground, belonging to the city, or city - 
 other public place, under contract with the city, shall 
 sell, or in any other way, dispose of the stone and earth 
 so excavated, except under the direction of the City 
 
CITY ORDINANCES. 
 
 [CHAP. 14. 
 
 Requisites of 
 contract 
 
 Encroachments 
 on streets. 
 
 Must not be 
 interested. 
 
 132 
 
 Engineer, and any person violating this provision shall 
 pay to the city three times the value of such property, 
 to he recovered by action of debt in favor of the city 
 of Davenport. 
 
 Sec. 16. Every contract entered into by the City 
 Engineer, as aforesaid, shall contain a clause, stating 
 that the same is entered into, subject to the existing 
 ordinances of the city, and to the power of the City 
 Engineer or Council to suspend or amend the same for 
 a failure on the part of the contractor to fulfill the same, 
 or any portion thereof; hut that such suspension or 
 amendment shall not effect the rights of the city to all 
 damages or penalties claimable by it on account of the 
 contractor’s failure. 
 
 Sec. IT. In case any building or fence he found 
 upon any street or alley in the city, it shall be the duty 
 of the City Engineer forthwith to remove the same, 
 and for this purpose he may call in the aid of the City 
 Marshal when necessary, who shall attend at the place 
 named by the Engineer, with all necessary aid, and 
 shall proceed to remove the same, under orders of the 
 City Engineer, and any person offering resistance to 
 such removal, shall pay to the city the sum of fifty dol- 
 lars, to be recovered by action in favor of the city of 
 Davenport, provided the City Council be first consulted 
 and their approval had. 
 
 Sec. 18. The City Engineer, during his continuance 
 in office, shall not be directly or indirectly concerned or 
 interested in any contract made with the city for any 
 public work, under the penalty of being removed from 
 office by the City Council, and forfeiting twenty-five 
 per cent, on the amount of such contracts to the city, 
 to be recovered by suit against him and his sureties in 
 favor of the city of Davenport. 
 
 Sec. 19. The City Council shall have the power to 
 remoye the City Engineer from office, whenever it 
 clearly appears to them that he has been guilty of will- 
 ful misconduct in office, or been guilty of gross negli- 
 
CHAPS. 14, 15 ] APPOINTMENTS BY CITY COUNCIL jgo 
 
 gence or carelessness in tlie performance of the duties 
 of his office. 
 
 Sec. 20. Whenever the City Engineer shall estab- Duty as 
 
 v ° . respects grades. 
 
 lisli the grade of any street, he shall write out a 
 description of the same, which description shall he in- 
 corporated into any ordinance which may adopt or ^ s r g ^ ance nec ' 
 change the same. Grades shall hereafter be estab- 
 lished and changed by ordinance.* 
 
 Sec. 21. The salary of the City Engineer shall be Salary . 
 live dollars per day for every day he is actually en- 
 gaged in work for the city ; Provided , the compensa- 
 tion shall not exceed six hundred dollars per annum. 
 
 Sec. 22. The City Engineer shall report monthly to Monthly report, 
 the City Council, a full statement of the number of 
 days he has worked for the city the month next pre- 
 ceding, together with the time and place the work was 
 done. 
 
 Passed and approved January J, 1851; December 30, 
 
 1857 ; August 5, 1858 ; May 18, 1859. f 
 
 CHAPTER XY. 
 
 AN ORDINANCE to provide for the appointment 
 by the City Council of a Street Commissioner and 
 Sexton. 
 
 Section 1. There shall be chosen annually, by the„ 
 
 J " Street Coin- 
 
 City Council, on the first Wednesday of April, after g^jJ^er and 
 the annual city election, a Street Commissioner and 
 Sexton, who shall hold their offices for the term of one r „ 
 
 Term 
 
 * Sec. 20, above, was passed by City Council Sept. 12th, IS66. 
 t Liability op City for Acts of Engineer. — A private injury was caused by 
 the fall of a bridge caused by a defect in the plan arising from want of skill in the 
 City Engineer. On the maxim of respondeat superior the city was held liable.— 
 
 Dayton v. Pease , 4 Ohio St. Rep., 80. 
 
 As to respondeat superior generally, see 5 Cush., 292 ; 8 Ohio St. R., 358, ( quere 
 as to this last case’,) and see 5 id., 3S (rightly decided); 2 Hilt. (N. Y.), 66; id., 
 
 4i0 ; 1 Black (U. S.), 39. 
 
 See also notes to city charter ante pp. 73, 75. 
 
Bond and oath. 
 
 Duties of Street 
 
 Commissioner 
 
 enumerated. 
 
 Salary. See 
 Chap. 17. 
 
 Duties of Sex- 
 ton. 
 
 CITY ORDINANCES. [CHAIMS. 
 
 year from the first Saturday in April, and until tlieir 
 successors are duly elected and qualified.* 
 
 Sec. 2. Said officers shall severally give bond, and 
 qualify in the same manner as the City Clerk, Marshal, 
 and Treasurer are required to qualify in the ordinance 
 providing for their election. 
 
 Sec. 4. It shall be the duty of the Street Commis- 
 sioner to appoint two deputies, who shall be entirely 
 under his control and supervision, but who shall receive 
 the same compensation as is, or may be, allowed to said 
 Commissioner. He shall have the oversight and super- 
 vision of repairs of streets within said city ; collect all 
 road taxes belonging to the same ; render an account, 
 annually, on or before the first day of’ January, to the 
 City Council, showing the entire amount which has 
 been received by him for poll taxes, and in a separate 
 item the amount received by him as property road tax, 
 and also any amount which may - be appropriated from 
 the City Treasury, and also where the same has been 
 expended, and render any other account connected with 
 his office, which the City Council may require. The 
 compensation of the Street Commissioner shall be two 
 dollars per diem, during the time he is actually em- 
 ployed under the direction of the City Council, to be 
 paid from the road fund collected by him.f 
 
 Sec. 5. It shall be the duty of the Sexton to attend at 
 the city cemetery at all hours when called upon, and shall 
 dig and prepare graves in the usual way, the same five 
 feet deep, and of sufficient length and breadth to admit 
 the coffin, (or rough box to contain it, if one should be 
 used.) Tie shall keep a register, in which he shall re- 
 cord each individual’s name buried, together with the 
 time of burial, age, and residence of deceased, and the 
 number of lot upon which they are buried. He shall 
 see that all graves are properly filled up and rounded, 
 and shall make a full report, at the last regular meeting 
 
 * Powers and duties of Street Commissioner, see Chap. 77. 
 t See Chap. 17 as to salary, which, being the later ordinance, governs. 
 
CHAPS. 35, 16.] 
 
 CITY ASSESSOR. 
 
 135 
 
 of each month, of the above facts, and a report at the 
 last regular meeting in March, which shall include, in 
 brief, all previous reports to the City Council. lie shall 
 also report any damage done to the enclosure, and any 
 fixtures or improvements the cemetery may have re- 
 ceived during the year, together with such other facts 
 as the City Council may, by ordinance or order, require, 
 lie shall receive as compensation therefor, for a person 
 of ten years or upwards the sum of two dollars and a 
 half, and for children under ten years, the sum of two 
 dollars, and if required to attend to the duties in the 
 night time, he shall be paid one dollar additional for 
 each grave dug. 
 
 Passsed and approved May 10, 1849. 
 
 [By ordinance of June 23, 1865, the Sexton is made special policeman for cem- 
 etery.] 
 
 CHAPTER XYI. 
 
 AN ORDINANCE relating to the City Assessor. 
 
 Section 1. At the regular meeting of the Council Election and 
 in December of each year the City Council shall elect term ' 
 a City Assessor, who shall hold his office for one year 
 and until his successor is elected and qualified.* 
 
 Sec. 2. It shall be the duty of the City Assessor to Duty, 
 take an assessment of the real and personal property 
 within said city subject for taxation for county purposes, 
 and to make out and return to the City Clerk, on or To make & B - 
 before the first day of May of each year, a list of all sessment * 
 such property, with its value, and to do such other acts 
 as the City Council may, from time to time, by ordi- 
 nance or resolution, require. 
 
 Sec. 3. It shall be the duty of the City Assessor in s amc . 
 person, to take an assessment of all the real and per- ^per- 
 sonal property within said city, subject to taxation for 
 city purposes ; and all books, maps, charts, papers, etc., 
 
 *Thia section adopted at Sept, meeting 1 , 1866. 
 
CITY ORDINANCES. 
 
 [CHAPS. 1G, 17. 
 
 Salary. 
 
 Bond. 
 
 Office-room. 
 
 Repeal. 
 
 Plate. 
 
 136 
 
 used in taking and making out said assessment, shall be 
 held to belong to said city, and shall he retained in the 
 office of the said City Assessor, and shall he delivered 
 over to his successor in office, and other property of said 
 city in the custody and control of said Assessor. 
 
 Sec. 4. The salary of the City Assessor shall he four 
 hundred dollars, which shall he in full compensation for 
 his services ; Provided however that he discharges the 
 duties of said office in person, payable when said assess- 
 ment list is completed and returned to the City Clerk, 
 approved by the Council. 
 
 Sec. 5. Before entering upon the duties of his office, 
 the City Assessor shall give bond, with sureties, to he 
 approved by the City Council, in the sum of fifteen 
 hundred dollars, conditioned for the faithful perform- 
 ance of his duties in said office. 
 
 Sec. 6. The City Assessor shall keep and have an 
 office, and as conveniently as may he to the office of the 
 City Marshal ; and all the hooks, papers, maps, and 
 other property pertaining to said office, and not required 
 to he delivered to any other city officer, shall he care- 
 fully kept and preserved in said office, subject to the 
 inspection of all persons who may desire access thereto. 
 
 Sec. 7. All ordinances or parts of ordinances in 
 conflict herewith are hereby repealed. 
 
 Sec. 8. It shall he the duty of the City Assessor to 
 make or cause to he made a plat hook each and every 
 year. 
 
 Passed and approved Dec. 15, 1858, Jan. 1, 1862. 
 
 [City Assessor also Deputy Collector, see Chap. 18 ] 
 
 CHAPTER XVII. 
 
 ARTICLE 1. 
 
 AN ORDINANCE relating to salaries. 
 Section 1 . That hereafter the compensation of all 
 
CHAP. 17.] 
 
 SALARIES OF CITY OFFICERS. 
 
 137 
 
 officers, and of the Mayor and Aldermen of the city of Salariestixed * 
 Davenport shall he as established by this ordinance, 
 and in case no provision is made herein for receiving # 
 
 and retaining fees, salary and compensation by the offi- 
 cers in this ordinance, mentioned as perquisites of office perquisites 
 or position, none shall be so retained, bnt the same lorblddel1, 
 shall be accounted for and paid into the City Treasury 
 as funds belonging to said city, whether received by 
 virtue of an office under an ordinance, or of an office cre- 
 ated by the city charter, or otherwise, and shall be paid 
 over to the City Treasurer within five days after such 
 officer received the same. 
 
 Sec. 2. As a full compensation for faithful official Marshal ana 
 duty, the following per annum allowances are hereby 
 made, payable semi-quarterly, to the respective officers 
 herein named, to-wit : 
 
 To the City Marshal, eight hundred dollars. 
 
 To the City Clerk, three hundred and fifty dollars.* 
 
 In addition to the above annual allowance, the said 
 Clerk shall be entitled to receive fees that are now or Clerk ’ 3 
 hereafter may be allowed for issuing licenses, making 
 certificates, and furnishing transcripts of papers and 
 records in his office, and for affixing the seal to official 
 documents, for such services the same fees and compen- 
 sations as are allowed the Clerk of the District Court 
 for similar services ; Provided , however , that in no case city not liabi 
 shall the city of Davenport be required to pay for such 
 services. To the City Marshal, fees as police officer, to 
 be the same as is allowed Sheriffs for similar services*/ aK 
 Provided , however , that the city of Davenport shall in 
 no case be required to pay for such services, unless such 
 compensation as the City Council may deem reasonable 
 and just for the removal of nuisances, and for comply- 
 ing with special orders of the City Council. 
 
 Sec. 3. The Police Magistrate shall receive fees as Po]iee M ifl _ 
 costs, such as are now or hereafter shall be provided for trate ’ 8 lees - 
 
 These sums fixed by ordinance passed April 13, 1SG5. 
 
 IS 
 
CITY ORDINANCES. 
 
 [CHAP. IT. 
 
 Who pay fee. 
 
 Mayor’s salary. 
 
 Aldermen’s 
 
 salary. 
 
 138 
 
 by law for Justices of tlie Peace for similar services. 
 Nor shall said Police Magistrate hereafter, by virtue of 
 bis said office, receive any amount by way of salary or 
 otherwise, out of the treasury of the city of Davenport, 
 or retain the same from any amount of collections in 
 his possession belongingto said city. Nor shall the city 
 of Davenport pay costs for suits, complaints, or prose- 
 cutions commenced, carried on, or determined on orig- 
 inal, mesne or final process, whether in criminal or civil 
 proceedings, unless complaint is lodged before him by 
 the Mayor, City Attorney or Marshal, nor then if the 
 defendant is found guilty, and the amount of costs found 
 due against him can he made of execution ; Provided , 
 however, nothing herein contained shall prevent any 
 person or persons entering complaint for violation of the 
 ordinances of said city before said Police Magistrate, at 
 their own costs and charges, without any liability attach- 
 ing to said city by reason of such complaint, and the 
 city shall in no event be liable therefor. 
 
 Passed March 23, 1859. (Sec. 4 repealed). 
 
 ARTICLE 2. 
 
 AN ORDINANCE to regulate the compensation of the 
 
 Mayor and the Aldermen of the city of Davenport. 
 
 Section 1. Be it enacted foy the City Council of the 
 city of Davenport , That from and after the first Satur- 
 day in April, 1861, the Mayor of said city of Daven- 
 port shall receive in full compensation for his official 
 services, a salary of one hundred dollars per annum, 
 payable quarterly. 
 
 Sec. 2. That from and after the first Saturday of 
 April, 1861, each Alderman of said city of Davenport 
 shall receive in full compensation for his official ser- 
 vices, a salary of one hundred dollars per annum, pay- 
 able quarterly. 
 
 Sec. 3. That all ordinances and parts of ordinances 
 in conflict with this ordinance are hereby repealed. 
 
 Adopted August 3, 1861. 
 
CHAP. 17.] 
 
 SALARIES .-ATTENDANCE, &c. 
 
 139 
 
 ARTICLE 3. 
 
 AN ORDINANCE providing for the salaries of cer- 
 tain city officers. 
 
 Section 1. The salaries of the officers hereinafter street commis- 
 namecl shall be as follows, to-wit : The salary of the 
 Street Commissioner shall be $500 per annum ; the 
 salary of the City Attorney shall be $500 per annum ; Clty Attorney - 
 the salary of the City Treasurer shall be $250 per Treasurer * 
 annum.* 
 
 Sec. 2. Said salaries shall be paid quarterly, and When payable, 
 shall be paid in full for all services, but the City Attor- 
 ney shall be allowed traveling expenses in addition to 
 his salary, whenever professionally engaged outside of 
 Scott county. 
 
 Sec. 3. All ordinances and parts of ordinances con- Re P eal 
 flicting herewith are hereby repealed. 
 
 Passed and approved May 1, 1861. f 
 
 ARTICLE 4. 
 
 AN ORDINANCE to secure the attendance of Mem- 
 bers of the Council and other officers at the meetings 
 
 of the Council. 
 
 Section 1. It shall be the duty of the Mayor and Duty of Mayor 
 of each Alderman to attend every meeting, regular and to attend coim- 
 special, of the Council, and whoever fails to do so shall 
 forfeit for each meeting which he fails to attend the 
 one-twelfth of his annual salary, and the same shall be faiiure. ure for 
 deducted from his salary ; and said forfeiture shall not 
 be remitted by the Council unless the member files an 
 affidavit at the next meeting of the Council, stating that 
 he was absent from the city at the time of the meeting, 
 or that he was prevented by sickness of himself or fam- 
 ily, or by other unavoidable cause, from attending the 
 
 * Amended as to City Treasurer so as to read as above printed, April 13, 1865. 
 
 t Deduction, for absence or neglect of duty, from salaries, see Cbap. 62. 
 
 Salary op Street Commissioner.— Salary of Street Commissioner fixed at $500 
 from and after April, 1866, by the action of the City Council pp Sept. 29, 1866. 
 
CITY ORDINANCES. 
 
 [CHAPS. 17, IS. 
 
 140 
 
 meeting of the Council. This section shall not apply 
 to any member who shall fail to attend a special meet- 
 ing of which he has had no notice. 
 
 MaTshaif cierk Sec - 2. It shall he the duty of the Marshal, Clerk, 
 t?rney. Uy At ' ,,an( l City Attorney to attend every such meeting, and if 
 they or either of them fail to do so, they shall forfeit 
 the sum of ten dollars for each failure, to he deducted 
 from their salaries, unless the amount be remitted by 
 the Council upon an affidavit hied similar to the above 
 required from the Mayor and the Aldermen. 
 
 Passed and approved Sept. 13. 1866. 
 
 [Note.— Compensation of Policemen, see Chap. 48. Power of Council to fix 
 salaries, &c.. see ante pp. 40, 44, 57, 74]. 
 
 CHAPTER XVIII. 
 
 ARTICLE 1. 
 
 AN ORDINANCE in relation to Draymen , Carmen , 
 Hackmen , Arc. 
 
 Draymen, &e.; Section 1. Be it enacted by the City Council of the 
 
 to obtain license ini ” 
 
 City of Davenport, Ho person shall, within the limits 
 of the city of Davenport, be permitted to perform the 
 duties which ordinarily belong to a public drayman, 
 carman, teamster, wagoner, cabman, liackman, or coach- 
 man, for the carriage of goods, wares and merchandise, 
 baggage or other property, or passengers, for profit or 
 gain, without first having obtained a license from the 
 Clerk of the city, for which he shall pay yearly to the 
 
 Fee for. City Marshal the sum of five dollars, and a fee of fifty 
 
 See Art. 3 of J n J 
 
 this chapter, cents to the Clerk for issuing the same. 
 
 Pond required Sec. 2. Before any such drayman, carman, teamster, 
 wagoner, cabman, liackman, or coachman shall receive 
 such license, he shall give a bond in the penal sum of 
 five hundred dollars, with security, to the city of Dav- 
 enport for the use of whomsoever it may concern, to be 
 approved by the Clerk, conditioned that said drayman, 
 
CHAP. 18.] 
 
 DRAYMEN, CARMEN, HACKMEN, &c. 
 
 Ill 
 
 carman, teamster, wagoner, cabman, hackman, or coacli- Condition of - 
 man, shall perform all the duties belonging to said dray- 
 man, carman, teamster, wagoner, cabman, hackman, or 
 coachman ; that he will promptly and safely deliver all 
 passengers at the place of their destination within said 
 city ; and all property left with him to the person or 
 persons for whom it is marked or designated, in a reas- 
 onable time after its delivery ; and that he will abide 
 by and perform all ordinances, orders or resolutions 
 which the City Council may hereafter adopt for his 
 government and direction. 
 
 Sec. 3. Said drayman, carman, teamster, wagoner, Number on 
 cabman, hackman, or coachman, shall cause the number dray,&t ‘ 
 of his license to be painted on his dray, wagon, cart, 
 cab, hack, or coach, in some conspicuous place, and shall 
 furnish to all persons, when demanded, a printed or 
 written receipt for whatever goods, wares, merchandise Recei r t - 
 or other articles, are delivered to his care. 
 
 Sec. 4. The said drayman, carman, teamster, wag- Rates and 
 oner, cabman, hackman, or coachman, when his bond charges - 
 has been given and approved, his dray or cart num- 
 bered, and his license obtained, shall be allowed the 
 following charges, towit : For carrying one passenger 
 
 any distance within said city not exceeding one mile, 
 twenty-live cents ; for every additional mile or fraction 
 of a mile, twenty-live cents more ; for the drayage, 
 loading and unloading of any load of goods, wares, 
 merchandize, lumber, passengers, baggage or articles 
 of personal property, not exceeding two thousand 
 pounds, any distance not exceeding one mile, the sum 
 of twenty-five cents, and for any greater distance, 
 for every additional mile or fraction of of a mile, 
 twenty-five cents more ; and if such load exceed two 
 thousand (2,000) pounds in weight, for any distance 
 not exceeding one mile, the sum of fifty cents, and 
 for every additional mile or fraction of a mile, thirty- 
 five cents more ; for one day’s work with horse and 
 dray or cart and driver, the sum of two dollars and 
 
CITY ORDINANCES. 
 
 [CHAP. 18. 
 
 Penalty. 
 
 Same. 
 
 Stopping 
 
 defined. 
 
 142 
 
 fifty cents ; for one clay’s work with wagon, two horses 
 and driver, the sum of three dollars and fifty cents. 
 
 Sec. 5. Any person who shall undertake to perform 
 the duties of drayman, carman, teamster, w r agoner, cab- 
 man, hackman or coachman, without having taken out 
 a license and given bond as hereinbefore provided, in 
 accordance with this ordinance, shall be fined not less 
 than ten nor more than fifty dollars, on conviction be- 
 fore the Mayor or Police Magistrate, with costs. 
 
 Sec. 6. If any drayman, carman, teamster, wagoner, 
 cabman, hackman, or coachman, shall charge, demand, 
 or receive from any person a greater sum for his ser- 
 vices, as such drayman, carman, teamster, wagoner, 
 cabman, hackman, or coachman, than the amounts 
 authorized to be charged therefor, or if he shall refuse 
 to receive goods for drayage, or to deliver to the proper 
 person, any baggage, goods, wares or merchandize, or 
 other articles of personal property, or to transport pas- 
 sengers, without being paid a greater sum for the dray- 
 age or carriage thereof, than he is authorized to charge, 
 the proper charge being tendered for his services, he 
 shall for each offense forfeit and pay a fine to said city 
 not exceeding ten dollars and costs. 
 
 Sec. 7. That an ordinance passed and approved 12th 
 July, A. D. 1856, is hereby repealed, Provided , that 
 this section shall not invalidate licenses already issued 
 for their unexpired term. 
 
 Passed and approved November 1st, A. D. 1865. 
 
 [Note.— Charter gives Councilpower to license, tax, regulate and fix prices of 
 draymen, & c. Ante, p. 39. 
 
 ARTICLE 2. 
 
 AN ORDINANCE concerning Draymen and Team- 
 sters. 
 
 Section 1. That no owner or driver of any licensed 
 hackney coach, cab, omnibus, dray, cart, or other car- 
 riage or vehicle, shall make any stand or stopping place 
 
DRAYMEN AND TEAMSTERS. 
 
 CHAP. 18.] 
 
 143 
 
 in any street, lane, avenue or alley in this city, except 
 in the places designated as follows, namely : 
 
 On the eastern side of Le Claire street, between 
 Fourth and Sixth streets. 
 
 On the north side of Depot street. 
 
 On or alone: the northern and southern side of Front 
 street, and on the Levee. 
 
 On and along the sides of any street adjoining any 
 public square. 
 
 On and along the eastern side of Iowa street, between 
 Third and Fifth streets. 
 
 On the side of any street, lane, avenue, or alley, in 
 East Davenport, east of Bridge Avenue, in [North Dav- 
 enport, north of Twelfth street, and in West Daven- 
 port, west of Warren street, subject to the direction of 
 the City Marshal. 
 
 Sec. 2. No owner or driver of any hackney coach, conduct of 
 
 . i . . drivers regu- 
 
 cab, omnibus, dray, cart, or carriage, or other vehicle, lated. 
 while waiting for employment at any stand, railroad 
 depot or other public place in said city, shall unneces- 
 sarily snap or flourish a whip, or use indecent or pro- 
 fane language, or be guilty of boisterous or loud talk- 
 ing or any disorderly conduct, or vex or annoy travelers 
 or citizens, or obstruct any sidewalk, and such owners 
 and drivers are required to obey any and all regulations 
 and rules adopted by any railroad company or other 
 association or person for the promotion of order at any 
 public landing, railroad depot, or other public place in 
 said city, not inconsistent with the ordinances of the 
 city, and the police regulations thereof. 
 
 Sec. 3. The City Marshal, any police officer, or Police power 
 member of the police department shall have power to over ‘ 
 arrest any person offending against any or either of the 
 provisions of this ordinance, or any person who refuses 
 or neglects to desist from any such offense when com- 
 manded ; and such officer or either of them shall have 
 power to give any direction which they may deem nec- 
 essary for the preservation of good order and con- 
 
CITY ORDINANCES 
 
 [CHAP. 18. 
 
 Disturbance 
 
 prohibited. 
 
 Penalty. 
 
 Prior licenses. 
 
 Repeal clause. 
 
 Term of license. 
 
 144 
 
 venience of tlie public, at any railroad depot, termina- 
 tion, public place, station or steamboat landing within 
 the city ; and no owner or driver of any of the vehicles 
 mentioned in this ordinance shall refuse or neglect to 
 obey such directions, or shall interfere with any officer 
 as to such directions, or shall resist or interfere w T ith any 
 such officer in the discharge of his said duties. 
 
 Sec. 4. No driver of any hack, coach, dray, or other 
 vehicle, shall make any disturbance in or about any 
 landing, depot or other public place, or shall make use 
 of any rude or indecent language. 
 
 Sec. 5. Any person who shall violate any or either 
 of the provisions of this ordinance, or any section, 
 clause or provision of any section thereof, or wdio shall 
 neglect or fail to comply with any or either of the re- 
 quirements thereof, shall be deemed guilty of a misde- 
 meanor, and shall, on conviction thereof, pay a fine of 
 not less than five nor more than twenty dollars, in the 
 discretion of the Mayor or Police Magistrate before 
 whom such conviction is had, and shall in addition 
 thereto, in the discretion of the Mayor, forfeit his 
 license. 
 
 Sec. 6. Nothing herein contained shall affect any 
 license heretofore issued, and all persons heretofore 
 licensed shall in all respects be subject to the provisions 
 of this ordinance. 
 
 Sec. 7. All ordinances and resolutions in conflict 
 with this ordinance, be and the same are hereby 
 repealed. 
 
 Passed and approved June 16, 1858. 
 
 ARTICLE 3. 
 
 AM ORDINANCE relating to Dray , Wagon, and 
 Coach Licenses. 
 
 Sec. 1 . That hereafter all licenses issued by the 
 Clerk for drays, wagons and coaches, shall be for the 
 term of one year, commencing January 1st and ending 
 December 31st of each year. 
 
CHAPS. 19, 20.] FIRE-ARMS, &c.— DOGS. 
 
 [Tlie remainder of this section is repealed by Sec. 1, 
 Art. 1, of Chap. 18]. 
 
 Passed and approved Feb. 1, 1860. 
 
 [Amended December 14, 1864; and Bee also Chap. 18, Art. 1, Sec. 1.] 
 
 CHAPTER XIX. 
 
 AN ORDINANCE to prohibit tlie discharge of fire- 
 arms, fire-crackers , and rockets within the city. 
 
 Sec. 1. Ho person shall discharge any gun, pistol, what prohib- 
 or other fire-arms, or use or discharge any fire-crackers, 
 rockets, or any other description of fire-works, within 
 the limits of said city, without permission in writing 
 from the Mayor. 
 
 Sec. 2. Any person violating any provision of this Penalty, 
 ordinance, shall pay a fine of not less than two dollars 
 nor more than ten dollars for each offense. 
 
 Passed and approved June 11, 1812, and January 21, 
 
 1855. 
 
 [Note.— See charter, pp. 39 and 40, as to power of Council to pass ordinances 
 of this character]. 
 
 CHAPTER XX. 
 
 ARTICLE 1. 
 
 AN ORDINANCE to prevent the increase of and to 
 prohibit dogs from running at large in the city of 
 Davenport A 
 
 Sec. 1 . It shall not be lawful for any animal of the when to be 
 dog kind to run at large in the city of Davenport, from muzzled * 
 the first day of June until the first day of September 
 of each year, unless the same be securely muzzled, so 
 
 *See Index— Vicious Animals, 
 
 19 
 
CITY ORDINANCES. 
 
 [CHAP. 20. 
 
 Penalty. 
 
 Proclamation. 
 
 Marshal’s duty, 
 
 When may run 
 at large. 
 
 Who owner. 
 
 Registry re- 
 quired. 
 
 146 
 
 that no injury can possibly result from the bite of such 
 animal. 
 
 Sec. 2. Any animal of the dog kind, so found run- 
 ning at large without being muzzled as aforesaid, is 
 hereby declared a nuisance, and it shall be the duty of 
 the Marshal to kill such dog. 
 
 Sec. 3. The Mayor may, at any time, issue his proc- 
 lamation directing the owners of dogs to confine or 
 muzzle their dogs for such length of time as he thinks 
 proper, and any of the canine species found running at 
 large without being so muzzled during the time named 
 in said proclamation, shall be killed. 
 
 Sec. 4. The Marshal is hereby required to kill a 
 bitch found at large in the streets of the city, while in 
 heat. 
 
 Passed and approved April 22, 1854, and July 14, 1855. 
 article 2. 
 
 AN ORDINANCE providing for the registering , im- 
 pounding and taxing of dogs. 
 
 Sec. 1 . Be it enacted fog the City Council of the City 
 of Davenport , That it shall not be lawful for any ani- 
 mal of the canine species to run at large in the city of 
 Davenport, from the first day of June until the first 
 day of September of each year, unless the same be 
 securely muzzled, so that no injury can result from the 
 bite of such animal, nor at any other time of the year, 
 unless in accordance with the provisions of this ordi- 
 nance. 
 
 Sec. 2. Any person shall be considered as the owner 
 of a dog who shall harbor or let the same habitually 
 remain or be fed in or about his or her house, store, or 
 enclosure ; and it shall be the duty of every such owner 
 of a dog to register the same with the City Clerk, as 
 provided in Sec. 3 of this ordinance. 
 
 Sec. 3. Any owner of a dog shall, on making appli- 
 cation to the City Clerk to register the same, receive a 
 
 Check. 
 
CHAP. 20 J REGISTERING AND IMPOUNDING DOGS. ] 47 
 
 brass or copper check therefor, which check shall be 
 numbered in the regular corresponding order of the 
 registry book ; and the Clerk shall charge therefor one Fee aud lax 
 dollar as tax to go into the City Treasury, and thirty 
 cents as registry fees, to belong to the Clerk. The 
 check so delivered by the Clerk shall be secured around 
 the neck of the dog registered, and any person who 
 shall put upon their dog any check of the kind referred 
 to herein, except it shall have been received from the 
 Clerk, shall be fined five dollars; and it shall be thc renalty * 
 duty of the Marshal to consider such dog as a nuisance, 
 and dispose of the same as is provided in section four 
 herein. 
 
 Sec. d. Any dog found running at large between 
 the dates specified in section first of this ordinance 
 without a muzzle, or at any time of the year, without a 
 check provided for in section three of this ordinance, is 
 hereby declared a public nuisance, and it shall be the impounding, 
 duty of the Marshal to cause such dog so found to be 
 taken up and placed in a pound to be provided by the 
 Marshal, and shall be kept therein for the period pf two 
 days, when, if no person shall claim the same, the 
 Marshal shall offer the said dog at public auction with- 
 out notice, and if no bid to the cost of one dollar be re- 
 ceived therefor, it shall be the duty of the Marshal to 
 kill such dog. 
 
 Sec. 5. Any person applying at the pound for any penalty, 
 dog that may have been impounded, shall, before re- 
 ceiving such dog from the Marshal, pay into his hands 
 a penalty of one dollar for each dog delivered to the 
 said applicant, and shall in addition cause said dog to 
 be registered as provided for in section three of this 
 ordinance. 
 
 Sec. 6 . Whenever any dog shall be found unregis- Tax-how en- 
 tered, the Marshal shall cause the same to be done and lected ‘ 
 collect the expense and tax therefor, from the owner of 
 such dog, and whenever any owner of any dog shall 
 refuse to pay any tax or charges created by this ordi- 
 
CITY ORDINANCES. 
 
 [CHAP. 20. 
 
 Penalty. 
 
 Marshal’s fee. 
 
 Marshal’s duty. 
 
 Repeal. 
 
 Amendment. 
 
 148 
 
 nance, on his or her clog, the Marshal shall proceed by 
 levy and distress upon the property of said owner th 
 collect such tax or charges, the same as is provided for 
 in any other delinquent taxes. 
 
 Sec. 7 . Any person found violating or evading this 
 ordinance, or who may refuse to register their dog, or 
 who shall deny ownership of any dog belonging to 
 them, shall be subject to a fine of not less than one, or 
 more than ten dollars. 
 
 Sec. 8. The City Marshal shall receive from the 
 city fifty cents for each dog by him taken up and im- 
 pounded or killed. This amount is to be collected from 
 the owner and refunded to the city. 
 
 Sec. 9. The Marshal is hereby required to kill any 
 bitch at large in the streets of the city, while in heat ; 
 and the killing of dogs by him, in pound, shall be done 
 in any manner, except by poison, as he may think 
 proper. 
 
 Sec. 10. All ordinances or parts of ordinances in 
 conflict with the provisions of this ordinance, are hereby 
 repealed. 
 
 Passed and approved June 29, 1859. 
 
 AN ORDINANCE amending an ordinance providing 
 for the registering of dogs A 
 
 Section 1. Be it enacted by the City Council of the 
 city of Davenport , That so much of the ordinance en- 
 titled “An ordinance providing for the registering, im- 
 pounding and taxing of dogs,” passed June 29, 1859, 
 be so amended as not to compel the Marshal to impound 
 said dogs, but authorize him to kill them upon sight, in 
 any manner he may choose. 
 
 * Under the ordinance as amended, the Marshal has an election either to im 
 pound or kill. If he chooses to impound he must proceed strictly as provided in 
 the original ordinance. Whether he impounds or kills, the owner of the unregis- 
 tered dog is liable to pay the tax, and also to the penalties prescribed by the 
 ordinance. 
 
 See as to power of City Council, ante , p. 3$. 
 
CHAP. 21.] PREVENTING FIRES. ]qg 
 
 Sec. 2. All ordinances in conflict with this be and 
 are hereby declared repealed. 
 
 Passed and approved June 19, 1861. 
 
 CHAPTER XXI. 
 
 AN ORDINANCE for preventing fires in the City 
 of Davenport. 
 
 Sec. 1. There % shall he appointed annually, on the ^ro wardens 
 first Wednesday in April, one or more Eire Wardens for 
 said city, who shall serve for one year unless sooner 
 removed by the City Council, and shall perform such 
 duties as shall he required of them hy the ordinances 
 of said city, and to receive such compensation as the 
 City Council may deem reasonable and right. 
 
 Sec. 2. The Fire Warden or Wardens are hereby and 
 authorized to enter any house or building, lot or premi- 
 ses, in said city, between sun-rising and setting, on any 
 week day, for the purpose of examining any fire-places, 
 hearths, chimneys, stoves or stove-pipes, ovens, boilers, 
 kettles, or other apparatus or fixtures, which may be 
 dangerous in causing or promoting fire, and when any 
 danger shall appear from any apparatus as aforesaid, he 
 or they may direct the owner, agent, or occupant of any 
 premises containing any of the dangers aforesaid, in 
 writing, to remove, alter, or amend the same in such 
 manner, and within such time as they may deem reas- 
 onable and just ; and any person or persons who shall 
 resist the entrance of the Fire Warden or Wardens, as 
 aforesaid, into any premises as aforesaid, or shall neg- 
 lect or refuse to attend to the directions given for alter- 
 ing, amending, or removing any of the dangers afore- 
 said, shall be considered to have resisted the provisions 
 of this ordinance, and shall be liable to the fine herein- 
 after named.* 
 
 * Further as to additional duties of Fire Wardens, and constituting Aider- 
 men ex-officio Fire Wardens, see ordinance relating to Fire Department; see in- 
 dex, “Fire Department;” also, Chap. 24 as to fire limits. 
 
Stoves. 
 
 Pipe. 
 
 Chimneys. 
 
 Combustibles 
 in streets. 
 
 Hay, &c. 
 
 Lights. 
 
 150 CITY ORDINANCES. [CHAP. 21. 
 
 Sec. 3. It shall be the duty of persons using a tight 
 stove or stoves, in any house, store, shop, or building 
 within this city, to have a metal plate, or a platform of 
 stone, brick, sheet-iron, zinc or earth under the said stove 
 or stoves, extending at least six inches in every direction 
 beyond that part of the lower plate that fronts the door 
 of said stove or stoves ; and all stove-pipes, at their 
 intersection with any floor, partition, roof, or side of a 
 house through which they pass, shall he made to pass 
 through a crock or tin ventilator ; or if it pass through 
 a window, it shall he enclosed with till or other metal, 
 and all chimneys shall extend at least two and a half 
 feet beyond the roof or side of a house through which 
 they pass, and if a stove-pipe through the side of a house, 
 it shall he capped with a cross-pipe not less than eigh- 
 teen inches in length ; and no person shall be permitted 
 to place a stove-pipe through any building so as to pro- 
 ject into the street. 
 
 Sec. 4. No person or persons shall burn any shavings 
 or other combustibles in any street, lane, lot, yard, 
 square, or beach in this city, except those wdiose busi- 
 ness necessarily requires out-door Are, (not then, if, in 
 the opinion of the Fire Warden, the Are endangers any 
 building,) and shall be immediately extinguished so 
 soon as the purpose is effected for which it was built, 
 nor shall it be lawful for any person to boil varnish or 
 oil within twenty feet of any building. 
 
 Sec. 6 . No person shall put or keep any wheat, rye, 
 oats, barley, hay, straw, or fodder in sheaf, stack or 
 pile, within one hundred feet of any building wherein 
 a tire may be kept, (except it be in a stable, barn or 
 ware-house,) nor in any dwelling house where fire is 
 used for any purpose, nor shall any owner or occupant 
 of any stable within the limits of said city, or any per- 
 son in their employ, be allowed to use therein a lighted 
 candle or any other light except the same be secured 
 within a tin, horn or glass lantern. 
 
 Sec. 0 . If any chimney within said city shall take 
 
CHAPS. 21^ 22,] DEPOT AND FARNAM STREETS. 
 
 lire by reason of it not having been properly cleaned or j^ nmg chira ‘ 
 swept, the owners or occupants of the house to which 
 said chimney appertains, shall forfeit and pay the sum 
 of five dollars, and no person shall set fire to their chim- 
 neys for the purpose of cleaning the same, except in the 
 day time, nor then, unless it is raining or there is snow 
 on the roofs of the houses. 
 
 Sec. 7. Any person who shall violate any provision Penalty, 
 of this ordinance shall pay a fine of not less than five 
 dollars, nor more than twenty dollars, for each offense. 
 
 Passed and approved June 27, 1848. 
 
 [Note.— Charter gives Council full power to prevent and extinguish fires; ante 
 p. 39. See Gunpowder ordinance, Chap. 102; also Chap. 24. 
 
 CHAPTER XXII. 
 
 AN ORDINANCE in relation to Depot and Farnam 
 
 streets. 
 
 Section 1. The street laid out upon the plat of the Depot street, 
 city, east and west, between Le Claire and Farnam 
 streets, and south of and adjoining the depot grounds 
 of the Mississippi and Missouri Railroad, shall be here- 
 after known as “Depot street,” and said street is here- 
 by widened fifteen feet, by taking a strip of that width 
 from the depot grounds of said railroad company, which 
 said strip of land is granted by said company to the 
 city, without compensation, in consideration of the 
 establishment and maintainance of the grade of said 
 street and a portion of Farnam street, as hereinafter 
 set forth. 
 
 Sec. 2. The grade of Depot street is hereby estab- Grade, 
 lished in accordance with the profile filed as follows, to- 
 wit : Commencing at the east line of Le Claire street 
 at the natural surface, and rising from thence three feet 
 in one hundred, for a distance of two hundred feet, 
 and thence on a level to the end of said street. The 
 
CITY ORDINANCES. 
 
 [CHAPS. 22, 23. 
 
 Not alterable. 
 
 Extension. 
 
 152 
 
 grade of Farnam street, from the north line of Fourth 
 street to the depot grounds as aforesaid, is hereby estab- 
 lished in accordance* with the profile aforesaid, as fol- 
 lows, to-wit : commencing at the north line of Fourth 
 street, at the natural surface, and rising from thence 
 ten feet to one hundred feet for a distance of one hun- 
 dred and thirteen feet, thence on a level to the depot 
 grounds as aforesaid. 
 
 Sec. 3. If the Mississippi and Missouri Railroad 
 company, by their executive officer, shall file their as- 
 sent to this ordinance, and a release of the lands taken 
 as aforesaid, within ten days from this date, the city 
 agrees to keep and maintain the streets and grades as 
 herein set forth, and not alter the same without the 
 consent of said company. 
 
 Provided , however, that said railroad company, nor 
 any person acting by their order, shall change the grade 
 of the south half of said Depot street, between the east 
 side of Le Claire street and the west side of Farnam 
 street, from what the same now is, nor permit the same 
 to be changed without the consent of the City Council, 
 and the owners of property fronting on that portion of 
 the street for the term of five years. 
 
 Passed and approved October 1, 1856. 
 
 CHAPTER XXIII. 
 
 AN ORDINANCE for the continuation and extension 
 of Fourth street , in the city of Davenport , eastwardly 
 and westwardly. 
 
 Section 1. Fourth street, in the city of Davenport, 
 is hereby extended eastwardly from its present termina- 
 tion, as laid out by Antoine Le Claire, until it intersects 
 with the river on Front street, at or near the west end 
 of the bridge of the Mississippi and Missouri Railroad, 
 and from the east line of land of Samuel Hirsclil, west- 
 
CHAP. 24.] 
 
 FIRE LIMITS. 
 
 153 
 
 ward through said Hirschl’s land to the western bound- 
 ary thereof, both extensions of which shall be not less 
 than eighty feet. 
 
 Sec. 2. It shall be the duty of the City Engineer, survey, 
 forthwith to survey said extension of Fourth street, as 
 above specified, and make a proper plat of such survey, 
 showing the names of the parties owning the lands pro- 
 posed to be taken by such extension, and return such to 
 the Mayor of the city. 
 
 [The balance of this ordinance is not printed, as it 
 simply refers to the mode by which the damages shall 
 be assessed, the mode prescribed having since been 
 changed bv the amended city charter of January 23, 
 1857.] 
 
 Passed and approved July 16, and September 10, 
 
 1855. 
 
 CHAPTER XXIV. 
 
 ARTICLE 1. 
 
 AN ORDINANCE establishing and regulating Fire 
 Limits. 
 
 Section 1 . Xo building or additions to buildings of Fire limits 
 wrnod, except privies or stables, not to exceed tw T elve 
 feet in height, at highest point, shall be erected or 
 moved into that portion of the city of Davenport bounded 
 and described as follow T s, to-wit : commencing at the point 
 where Scott street intersects the southern boundary of 
 the city, thence north along Scott street up to Fifth 
 street, thence east along Fifth street to Iow^a street, ^XglTxcept 
 thence south along Iowa street to the southern boundary pJ r 8 Jf t cial 
 of the city, thence west along the southern bound- 
 ary of the city to the place of beginning, except by 
 special permit of the City Council on application in 
 writing, signed by owners of two-thirds of the block in 
 20 
 
CITY ORDINANCES. 
 
 [CHAP. 24. 
 
 Levee included 
 
 Privies and 
 stables. 
 
 Thioknesa of 
 walls. 
 
 Penalty. 
 
 Ordinance 
 
 construed. 
 
 154 
 
 which such building or additions to buildings are to be 
 placed. 
 
 Sec. 2. The public levee of the city is included 
 within the fire limits, and no lessee of the city shall 
 hereafter erect any building of wood upon the same, or 
 make additions of wood to existing buildings, without 
 the special action of the Council first had. 
 
 Sec. 3. Within the lire limits aforesaid, no privies 
 or stables of wood shall be erected or added to unless by 
 the written consent of the Mayor, and then only when 
 it shall appear to him that such building is designed 
 only for the purpose of a privy or stable, and the 
 same shall in no event be built to front on the street, 
 but shall be built in the rear of main store or brick 
 building, and in such safe manner as not to damage ad- 
 joining property. And within the limits aforesaid the 
 Council may, by special permit, authorize the erection 
 of frame buildings, application, in writing, therefor 
 being first made and signed by the owners of not less 
 than two-thirds of the block upon which such building 
 or addition is to be erected or placed. 
 
 Sec. 4. The walls of any brick or stone building 
 erected within said limits shall be of at least 8 inches 
 in thickness. 
 
 Sec. 5. Any building or additions of buildings 
 erected within said limits in violation of this ordinance 
 is declared a nuisance, and shall be immediately abated 
 by the City Marshal ; and the person or persons en- 
 gaged in building or aiding to build the same, shall pay 
 a line of not less than $10 and not more than $100, to 
 be recovered in the name and for the benefit of the city 
 of Davenport by suit before the Police Magistrate or 
 Mayor. 
 
 Sec. 6 . This ordinance shall be so construed as to 
 prevent any frame buildings, the erection of 'which is 
 herein prohibited, from being placed within the limits 
 above defined, whether the same be by removal or 
 otherwise. 
 
CHAP. 24.] 
 
 NUMBERING THE BUILDINGS. 
 
 Sec. 7. All other ordinances on the subject of Fire Repeal. 
 Limits are hereby repealed. 
 
 Passed and approved September 25, 1866. 
 
 [Note —Charter gives power to pass this ordinance. See ante, p. 39.] 
 
 ARTICLE 2. 
 
 AN ORDINANCE to number the buildings within 
 the Fire Limits . 
 
 Sec. 1. All property-holders owning property within Buildings 
 
 .. . r _ F. v \ . . numbered. 
 
 the lire limits, shall cause their property fronting the 
 public streets and avenues to be numbered, as herein- 
 after prescribed. 
 
 Sec. 2. The property within said limits shall be now. 
 numbered on all streets running north from the Missis- 
 sippi River by commencing on said streets at their 
 junction with Front street, and the numbering shall be 
 on every twenty feet of ground running northward, by 
 commencing with number one on the first twenty feet 
 on the east sides of said streets, and with number two 
 on the west sides of said streets, and so on the entire 
 length of said streets to the northern boundary of said 
 fire limits. The numbering on the streets running east 
 and west through the city shall commence on Brady 
 street — all numbering in said streets east of Brady com- 
 mencing with number one on the first twenty feet on 
 the south side of said street, and with number two on 
 the first twenty feet on the north of said streets, and so 
 on, giving a number to each twenty feet of ground on 
 each side of said streets. The numbering shall be the 
 same westward from Brady street on said streets, giving 
 a number to each twenty feet of ground. In all the 
 numbering of lots on the streets whenever a fraction of 
 land less than twenty feet occurs, it shall be designated 
 by the number immediately before it, with the figure -J 
 added. 
 
 Sec. 3. The numbers on streets east from Brady game, 
 shall be known as number one, two, three, etc., East 
 Front, East Second, and so on to the fire limits. Those 
 
CITY ORDINANCES. 
 
 [CHAP. 24. 
 
 156 
 
 on the west side of Brady street shall be known as num- 
 ber one, two, three, etc., West Front, West Second, 
 West Third, and so on. 
 
 Sec. 4. The numbers shall be painted conspicuously 
 on pieces of tin two inches wide by three inches long, 
 and shall be nailed to the first story front of all build- 
 ings erected in the limits prescribed, or the numbers 
 may be painted upon the front of the building, door- 
 posts, etc., on the premises of such lot-owner. 
 
 Sec. 5. If any person shall neglect or refuse to com- 
 ply with the provisions of this ordinance for a period 
 of two weeks after this ordinance shall take effect, the 
 City Council may order the same to be done at the 
 expense of owners of property to be numbered within 
 said limits. 
 
 Passed and approved December 2, 1857. 
 
 ARTICLE 3. 
 
 AN ORDINANCE relating to the establishment of 
 lumber yards within the fire limits. 
 
 Sec. 1. No person shall keep, or establish, or con- 
 tinue a lumber yard for the deposit or sale of lumber 
 within the fire limits of the city of Davenport, except 
 by special permit of the City Council, on application in 
 writing, signed by the owners of two-thirds of the prop- 
 erty of the block in which said lumber yard is situated. 
 
 Sec. 2. Any person who may violate the provisions 
 of this ordinance, shall forfeit and pay a fine of not 
 more than one hundred dollars and not less than ten 
 dollars for the first offense ; if the yard is continued in 
 violation of this ordinance for the space of six days after 
 the first fine, it shall be a second offense, for which the 
 party shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars, and each subsequent 
 continuance of the lumber yard for six days shall be 
 another offense, for which the party shall be fined not 
 less than twenty-five dollars. 
 
CHAP. 24 ] 
 
 INFLAMMABLE OILS, &C. 
 
 157 
 
 Sec. 3. This ordinance shall not apply to persons Exception, 
 who now have lumber yards within the lire limits, pro- 
 vided they have been established in accordance with 
 the ordinance “relating to the establishment of lumber 
 yards within the city limits,” passed and approved 
 July 16, 1862, which said last named ordinance is here- 
 by repealed. 
 
 Passed and approved September 19th, 1866. 
 
 [Note.— See Charter, ante , p. 39, as to power of city to prevent tires. See also 
 Chaps. 21, 8S. 
 
 ARTICLE 4. 
 
 AN ORDINANCE in relation to the manufacture 
 and storing of kerosene , benzine, and other oils and 
 easily inflammable substances. 
 
 Sec. 1. No person, company, or corporation shall Manufact^e ° f 
 manufacture, or carry on, or continue any manufactory ^jjj^tnsent 
 or establishment for the purpose of making, producing, of cit > T CounciL 
 refining, distilling, or in any manner generating coal or 
 earth oil, petroleum, kerosene, gasoline, carbon oil, ben- 
 zine, benzole, naphtha, campliene, burning fluid, coal 
 oils, or other easily inflammable substance within the 
 fire limits of the city of Davenport ; nor shall any of 
 said acts be done, continued, or carried on outside of the 
 fire limits, and within the city limits, without the prior 
 consent of the Council, obtained as specified in section 
 four (4) of this ordinance. 
 
 Sec. 2. No merchant, dealer, painter, or other per- How much 
 son, company, or corporation, shall, within the fire lim- keep for sale, 
 its of the city of Davenport, keep on hand in any store, 
 building, cellar, or other place within said fire limits, a 
 greater quantity of camphene, benzine, benzole, kero- 
 sene, naphtha, or other coal oils, or any easily inflam- 
 mable burning fluid, than one barrel, not exceeding 45 
 gallons, of each at any one time, not exceeding five 
 barrels in all ; and benzine, benzole, or naphtha, kept kept InVncans 
 for retail, shall be sold by daylight only, and shall be 
 kept in a tin can or other metal vessel ; Provided , that 
 
( 
 
 158 
 
 CITY ORDINANCES. [CHAP. 24. 
 
 an y dealer, merchant, or other person, if he keeps none 
 of the other oils or inflammable substances named or 
 
 When more 
 than one barrel 
 may be kept. 
 
 referred to in this ordinance, may keep live barrels of 
 kerosene, or two barrels of benzine, or two of any other 
 kind, not exceeding five in all, and if retailed, it shall be 
 from tin cans or metal cases ; Provided , also, that ker- 
 osene may be retailed by gas-light. Outside of said 
 fire limits, no such merchant, dealer, person, company, 
 or corporation shall keep any of said articles other than 
 as above provided without the consent of the City 
 Council, to be obtained as provided in Section four (4) 
 of this ordinance. 
 
 Sec. 3. hi one of the articles or substances named or 
 referred to in Section one (1) of this ordinance, shall be 
 kept or stored in front of any building or structure, or 
 on any street, alley, wharf, sidewalk, or lot, for a longer 
 time than is sufficient to receive in store or in deliver- 
 ing the same, provided such time shall not exceed six 
 Exception in hours ; but this ordinance shall not prevent common 
 
 favor of carriers . , . . .... 
 
 carriers from receiving and storing, m the usual course 
 of business, in any building belonging to said carrier, 
 said oils and substances for a period not exeeding five 
 l e r r e Ch o a u n m» days ; nor shall this ordinance prevent any merchant 
 oerti?reSS?c. r f' rom storing for his own use, for the purpose of sale, in 
 any building or structure, said oils and inflammable 
 substances belonging to himself ; Provided , they are so 
 stored outside of the fire limits, and provided, the build- 
 ing or structure in which they are so stored is, and dur- 
 ing the time of such storing, shall remain at least three 
 hundred feet from any other building or structure ; and 
 provided , not more than one hundred barrels shall be 
 therm stored at any one time. 
 
 now authority Sec. 4. If any person or corporation shall wish to 
 
 to manufacture ^ x x 
 
 ?. r t0 fdP moi ;° manufacture within the citv limits any of the said oils 
 cored el ! ro " or hifiammable substances named or referred to in this 
 ordinance, or any person, merchant, dealer or corporation 
 shall wish to store, or erect or use a building to store more 
 than one hundred barrels of any of the said oils and 
 
CHAP. 25.1 
 
 INFLAMMABLE OILS, &C. 
 
 159 
 
 substances in any one place, or shall wish to sell or keep 
 said substances differently from the manner herein allow- 
 ed, he or they shall apply to the City Council, and state 
 in the application what they wish to do and where they 
 wish to manufacture, or keep, or store the same ; the 
 Council shall then appoint a committee to examine the 
 matter, who shall report as soon as practicable, and the 
 Council shall then take such action in the premises as 
 they may deem just and proper. Nothing in this sec- construction of 
 tion shall, until the action of the City Council is had, thlB ordinance - 
 or authority granted, be construed to authorize the 
 making, keeping or storing of any of said oils or sub- 
 stances, contrary to the prior provisions of this ordin- 
 ance. 
 
 Sec. 5. Whoever violates any of the provisions of Penalty, 
 this ordinance is guilty of a misdemeanor, and shall be 
 fined not more than fifty dollars for each and every 
 offense ; and every day that any of the said articles or 
 substances are made, kept, or stored contrary to this 
 ordinance, shall be deemed a new and distinct offense. 
 
 And it is made the duty of the Marshal and Fire War- 
 dens to see that this ordinance is observed. Any mem- 
 ber of the fire department may make complaint of its 
 violation, and after deducting costs, all fines recovered 
 on the complaint of any fireman, or member of the fire 
 department, shall go to the fire department. 
 
 Sec. 6 . This ordinance shall go into effect and apply when ordi- 
 
 ° ii./ nance takes 
 
 at the end of ten days from and after its publication in effoct - 
 the official newspaper of the city. 
 
 Passed and approved November f, 1866. 
 
 CHAPTER XXV. 
 
 AN ORDINANCE to authorize the use of Fifth 
 street by the Mississippi and Missouri Railroad Com- 
 pany. 
 
 Section 1. In consideration of the performance of 
 
CITY ORDINANCES. 
 
 [CHAP. 25. 
 
 Right granted. 
 
 Conditions. 
 
 New arrange- 
 ment. 
 
 160 
 
 the conditions hereinafter specified, the right and 
 authority and permission are hereby granted to the Mis- 
 sissippi and Missouri Railroad Company to lay down a 
 single track of its said road, in and through the centre 
 of Fifth street, in the city of Davenport, with all neces- 
 sary side-tracks, turn-outs, switches and turn-tables, and 
 forever thereafter maintain and use the same for the 
 passage of locomotives, cars and trains of cars, upon the 
 following conditions, to be performed by said company: 
 1st. Said company shall, at its own proper cost, but 
 under the direction of the city authorities, grade and 
 pave or plank the entire street in such a manner as to 
 make a complete roadway. 
 
 2d. Said company, if required by the city authori- 
 ties, shall at each street which crosses said Fifth street, 
 erect a sign over said crossing, upon which shall be 
 painted in large letters the words “Railroad Crossing.” 
 3d. The locomotives and trains of cars of said com- 
 pany may pass through said street at a rate of speed 
 not exceeding six miles per hour, and the bell shall be 
 kept continually ringing while such locomotive or trains 
 are passing through such street. 
 
 4th. Nothing in this ordinance shall be so construed 
 as to allow the said railroad company to leave their 
 cars standing on said street, unless in case of accident 
 or unavoidable necessity. 
 
 Passed and approved June 25, 1853. 
 
 AN ORDINANCE to amend “ An Ordinance to 
 authorize the use of Fifth street by the Mississippi 
 and Missouri Railroad Company ,” passed and ap- 
 proved the %oth of June , 1853. 
 
 Sec. 1. In consideration of the sum of fifty thous- 
 and dollars to be issued immediately to the city of Dav- 
 enport, in the capital stock of the first division of the 
 Mississippi and Missouri Railroad Company, west of 
 Iowa City, bearing interest at the rate of ten per cent, 
 per annum, payable in stock, the said company are 
 
on APS. 25, 26.] 
 
 GAMES OF AMUSEMENT. 
 
 161 
 
 hereby released from all obligations further to pave or 
 plank fifth street, agreeable to the provisions contained 
 in the first condition of an ordinance to authorize the 
 use of fifth street by the Mississippi and Missouri Rail- 
 road Company, passed and approved June 25, 1853, and 
 the said company shall have the right and authority to 
 lay down a second in said street whenever the business 
 of the road shall render it necessary. 
 
 Sec. 2. The said company shall at all times keep its ®ackf&c. 
 tracks properly balasted, and the space between them 
 and to the end of the ties planked or macadamized at 
 its own cost. 
 
 Sec. 3. The conditions of sections 2d, 3d and 4th of 
 the said ordinance of June 25, 1853, shall remain in full 
 force. 
 
 Provided , That the said company shall in no case so 
 lay the track or tracks through the said street as to pre- 
 vent the passage of carriages upon either side of said 
 tracks. 
 
 Provided further. That said company shall signify its 
 acceptance of the conditions of this ordinance at the 
 next meeting of the City Council. 
 
 Passed and approved June 3d, 1857. 
 
 Note.— S ee ante pp. 79, 90. 
 
 CHAPTER XX YI. 
 
 t 
 
 ARTICLE 1. 
 
 AJV ( )PPINANCE to license games of amusement in 
 the city of Pavenjoort. 
 
 Section 1 . Ho person shall keep any billiard table, ™ eense neces - 
 ten-pin, nine-pin or bowling alley, bagatelle table, Jenny 
 Lind table, or any other table, whereon others are per- 
 mitted to play, and for the use of which, or privilege of 
 playing thereon, or for the hire thereof, any money or 
 its equivalent, or any renumeration in lieu of money. 
 
CITY ORDINANCES. 
 
 [CHAP. 26. 
 
 Definition. 
 
 License— how 
 obtained. 
 
 Same. 
 
 Clerk’s fee. 
 
 Penalty. 
 
 162 
 
 shall be paid or received therefor, without first having 
 obtained a license. 
 
 Sec. 2. One road or track shall constitute a ten-pin, 
 nine-pin, or bowling-alley* within the meaning of this 
 ordinance, without regard to the number of pins or 
 bowls used. 
 
 Sec. 3. Any person wishing to obtain a license to 
 keep any of the above enumerated games, shall first pay 
 to the City Marshal the sum of fifteen dollars for each 
 billiard table, bagatelle table, Jenny Lind table, (or any 
 other table whereon others are permitted to play for 
 hire), for each ten-pin, nine-pin or bowling alley, and 
 upon filing a certificate from the City Marshal of such 
 payment, with the City Clerk, the Clerk shall issue a 
 license for the keeping, number of tables or alleys paid 
 for, which license shall continue for the term of one 
 year. 
 
 Sec. 4. The City Marshal may receive one-half the 
 sum specified in this ordinance for a yearly license, and 
 upon filing his certificate thereof with the City Clerk, 
 the Clerk shall issue a license for the table or alley so 
 paid for, for the period of six months, ( Provided , that 
 such license shall not be issued prior to the first day of 
 July in each year) ; and all licenses provided for in this 
 ordinance shall end and terminate on the 31st day of 
 December. 
 
 Sec. 5. The Clerk shall be entitled to demand of 
 the applicant for license under this ordinance the fee of 
 one dollar before issuing the same for each table or 
 alley so licensed. 
 
 Sec. 6. Any person violating any provision of this 
 ordinance shall, on conviction before the Mayor or Police 
 Magistrate, pay a fine to the city of Davenport of five 
 dollars and costs, for every twenty-four hours he shall 
 
 * Bowling Alleys.— Bowling alleys are a nuisance at common law, and Council 
 may pass ordinance to abate them. Tavener v. Albion , 5 Hill, 121 S P. 4 E. D., 
 Smith 570, or under our charter they may be licensed, regulated and taxed. 
 
CHAPS. 26,27.] SHOOTING GALLERIES.-GAS. J(J3 
 
 neglect or refuse to procure a license, as required by 
 this ordinance. 
 
 Sec. 7. All ordinances relating to the licensing 
 games of amusement are hereby repealed. 
 
 Passed and approved November 1, 1865. 
 
 ARTICLE 2. 
 
 AN OR D1NANCE to license shooting galleries in the 
 city of Davenport. 
 
 Sec. 1. No person shall establish or keep any shoot- 
 ing gallery, for gain or hire, within the city without 
 obtaining therefor a license. 
 
 Sec. 2. For such license he shail pay live dollars for Fee for. 
 three months, eight dollars for six months, and fifteen 
 dollars for one year. 
 
 Sec. 3. All the penalties and other provisions of the Penalt y- &c - 
 ordinance of November 1, 1865, entitled “ an ordinance 
 to license games of amusement in the city of Daven- 
 port,” shall, so far as applicable, be deemed part of this 
 ordinance. 
 
 Passed and approved September 13th, 1866. 
 
 [Note. — As to power of city to license, &c., see notes to charter. Ante pp. 39, 
 
 64, 84, 88. 
 
 CHAPTER XXVII. 
 
 ARTICLE 1. 
 
 AN ORDINANCE for lighting the city of Davenport 
 with gas. 
 
 Section 1 . By this ordinance the city of Davenoort of Rtreet 
 
 ^ 1 granted. 
 
 grants to the Davenport Gas-light and Coke Company, 
 until the 19tli day of August, 1871, the exclusive privi- 
 lege, and an equal privilege thereafter with all others, 
 to use the streets, lanes, alleys, and public grounds of 
 said city, including any territory that may hereafter be 
 added to the same, for the purpose of laying down and 
 
CITY ORDINANCES. 
 
 [CHAP. 27. 
 
 Conditions of 
 grant. 
 
 164 
 
 repairing, in said streets, lanes, alleys, and public 
 grounds, pipes for conveying gas, for supplying said 
 city and the inhabitants thereof with gas ; providing 
 that said Gas-light and Coke Company, their successors 
 or agents, shall not, in laying down or repairing said 
 pipes, tor the purpose aforesaid, unnecessarily obstruct 
 the passage of any street, lane, alley, or public grounds, 
 and shall, within a reasonable time after the opening of 
 any street, lane, alley, or public grounds, repair and 
 put in good order and condition the same. 
 
 Sec. 2. The privileges herein granted are upon the 
 express condition that said Davenport Gas-light and 
 Coke Company shall continue to maintain their works, 
 and extend their leading pipes, from time to time, 
 through such localities in said city, as the consumers, 
 or consumption of gas, may justify ; and shall furnish 
 to said city seventy-five public lamps, if so many shall 
 be required, and to the inhabitants thereof for private 
 use, gas at a rate not exceeding $3.50 per thousand 
 cubic feet, for the term of two years from the time 
 when the company had the gas works completed, and 
 thereafter at the rate paid by other cities, in the State 
 of Iowa, of like population, and similarly situated as to 
 the cost of manufacturing gas. All lamp posts, lamps, 
 metres, and fitting for public lamps, to be furnished at 
 the expense of the city ; provided , that all temporary 
 failures, on the part of said company, their successors 
 or assigns, to perform any of the conditions exacted of 
 them by this ordinance, when such failures are- occa- 
 sioned by accident, or untoward events, shall not work 
 a forfeiture in case the same shall be repaired within a 
 reasonable time. 
 
 Passed and approved August 19, 1854 ; February 7, 
 1855 ; October 1st, 1856.* 
 
 * Repeal. —This ordinance was repealed March 31, 1S58, by the following 
 ordinance : 
 
 “Sec. 1. That the ordinance called the Gas Ordinance, be, and the same is 
 hereby repealed.” 
 
 Lamp Posts Defined— Other Ordinances referred to,— “ Public lamp 
 
CHAP. 27. ] 
 
 STREET LAMPS. 
 
 165 
 
 ARTICLE 2. 
 
 AN 0 R DINANCE concerning Street Lamps. 
 
 Sec. 1. It shall be the duty of the Marshal of said MaSiTSut* 
 city to take charge of all street lamps owned by or un- 
 der the control of said city, and to keep the same in 
 repair, and from time to time report the expenses thereof 
 to the City Council. 
 
 Sec. 2. The lamps shall be lighted every night at Li s hted - 
 early candle light, and shall be kept lighted in *sucli 
 manner and to such hour of the night as the City Coun- 
 cil shall, by resolution, direct ; Providing , the same 
 shall not be lighted on clear nights. The Mayor is 
 hereby authorized to direct the street lamps to be kept 
 lighted to a later hour than fixed by resolution, when- 
 ever he shall deem the same expedient. 
 
 Sec. 3. Any person who shall carelessly or mali- Tres P aBS - 
 ciously break, deface, or in any way injure or destroy 
 any public lamp or lamp post of this city, shall forfeit 
 the penalty of ten dollars for each offense, together 
 with the expenses which may be incurred in repairing 
 
 posts," in a contract with city for lighting gas, does not necessarily imply that the 
 posts should be owned by the city, if erected and used for the public benefit. — 
 Dav. Gas Co. v. Davenport , 13 Iowa Rep., 229. 
 
 See “Index” for ordinance prohibiting posting bills upon, and also ordinance 
 prohibiting breaking of street lamps. 
 
 Suit with Gas Company.— The following Avas the award of the arbitrators in 
 the litigation between city and Gas Company : 
 
 The Davenport Gas-Light and Coke Company ^ 
 vs. 
 
 The City of Davenport. ) 
 
 AWARD. 
 
 We, the undersigned, arbitrators appointed by the agreement of submission 
 hereto annexed, having met the parties pursuant to notice, at the office of Putnam 
 & Rogers, in the city of Davenport, on the 24th day of January, 1865, and having 
 heard their several allegations, proofs, arguments, and duly considered the same, 
 do award and determine, that the above named Davenport Gas-light and Coke 
 Company shall have and recover of the above named city of Davenport, the sum 
 of jive thousand one hundred and seventy-six 87-100 dollars in full for all their 
 claims and demands set forth in the annexed agreement of submission, together 
 with one-half of the arbitrators’ fees, to-Avit : the sum of two hundred and ticenty- 
 Jive dollars. 
 
 Dated at Davenport, the 20th day of February, 1865. 
 
 A. H. BENNETT, ) 
 
 JCHN C. BILLS. } Arbitrators. 
 
 JAMES ARMSTRONG, 5 
 
CITY ORDINANCES. 
 
 [CHAPS. 27,28, 29 
 
 Hitching to, 
 
 &c , forbidden. 
 
 Duty of butch- 
 ers. 
 
 166 
 
 the injuries committed, to be recovered separately or in 
 a suit for the penalty. 
 
 Sec. 4. Any person who shall climb upon or hitch 
 any horse or other animal to any public lamp post, or 
 hang or place any goods or merchandize thereon, or 
 place any boxes, goods, wood, or any heavy material, 
 upon or against the same, or who shall extinguish or 
 cause to be extinguished, or light or cause to be lighted, 
 any of said lamps, unless duly authorized so to do by 
 the Common Council, or Mayor, or an Alderman, shall 
 forfeit the penalty of ten dollars for each offense. 
 
 CHAPTER XXVIII. 
 
 AN OR DINA N C E granting Goodrich , Wheeler dc 
 Yantis , certain privileges. 
 
 Passed and approved, August 13, 1856. 
 
 [Repealed Sept. 13th, 1866, and, therefore, not herewith re-printed.] 
 
 CHAPTER XXIX. 
 
 Part I. 
 
 AN ORDINANCE to secure the Health of the City , 
 and to prevent Nuisances A 
 
 Sec. 1 . It shall not be lawful for any butcher, or 
 other person, to kill or slaughter any beeves, sheep, 
 calves, hogs, or other animals, within the said city, ex- 
 cept the house, yard, pen, or place where the killing 
 shall take place, be paved with brick or stone, and the 
 earth below said brick or stone be made sufficiently 
 solid to prevent its becoming the receptacle of filth and 
 offensive matter, and unless the same be at least four 
 
 ^Further as to Nuisances— see Index title “ Nuisance” ; also Chapter 42 post. 
 
CHAP. 29.] 
 
 HEALTH OF CIT Y. 
 
 167 
 
 hundred feet from any dwelling. The pavement in 
 every case, shall be made with a descent towards a gut- 
 ter, w T hich shall pass through the same, and leading to a 
 tub, or reservoir, which shall receive the blood and offal 
 passing therein, which shall be emptied and removed 
 from the premises, at the end of each day when killing 
 has been done, and the whole premises shall also be 
 washed and cleansed at the end of each day. And 
 further, that each slaughter house, or place occupied for 
 the killing of animals, as aforesaid, shall be white- 
 washed at least once in every month between the first 
 day of March, and the first day of November of each year. 
 
 Sec. 2. It shall be the particular duty of the Mar- DutyofMar- 
 siial, of said city, to attend strictly to the enforcement of Health, 
 of the provisions of the above section, and to see that 
 its provisions are strictly complied with, and the Board 
 of Health are required to inquire into the same from 
 time to time. And the refusal, on the part of any 
 owner, lessee, possessor, or occupant, of any such house, 
 yard, pen, or place where such killing shall take place, 
 as aforesaid, to permit the Marshal, Board of Health, 
 
 Health Inspector, or the Mayor of the city, to enter 
 upon and examine such premises, for the purpose of 
 ascertaining if this ordinance be strictly complied with, 
 shall be liable to be fined not less than five dollars, nor Penalty, 
 more than fifty dollars for such refusal and permission 
 as aforesaid. And upon a failure, neglect, or refusal, 
 to regulate and construct the slaughter houses, yard, pen, 
 or place where killing shall take place, as aforesaid, 
 according to the provisions of the foregoing section, or 
 where there exists filth or offensive matter in said 
 places, or their vicinity, such person thus failing, neg- 
 lecting, or refusing, shall be immediately proceeded 
 against by the Marshal, Health Inspector, or Board of 
 Health ; or the Mayor, or any Alderman, shall be au- 
 thorized to proceed against such person at their own 
 instance, and upon conviction, the guilty party shall pay 
 a fine of not less than twenty dollars, nor more than 
 one hundred dollars. 
 
CITY ORDINANCES. 
 
 [CHAPS. 30- 
 
 168 
 
 Who liable. 
 
 Owners must 
 keep lots clean. 
 
 Duty of Mar- 
 shal. 
 
 Penalty. 
 
 Officers duty. 
 
 Sec. 3. The person, or persons, using or occupying 
 the premises, whether as owners or lessees, shall each 
 he considered as parties to answer this complaint, and 
 if convicted of having, and maintaining the establish- 
 ments prohibited as above, in addition to the fine 
 already affixed, and as a further punishment, it shall be 
 the duty of the Marshal forthwith to close the same — 
 to keep it closed until the owner or occupant is restored 
 to the possession thereof by due process of law. 
 
 Sec. 4 r . The owner or occupant of every lot or 
 building, or any appurtenance thereof, shall keep every 
 part thereof free from filth, or anything offensive to the 
 neighborhood about the same, which would be likely to 
 contribute to disease or infection of any kind ; and 
 upon failure so to do, it is hereby made the duty of the 
 City Marshal, or Health Inspector, upon the complaint, 
 either verbally or in writing, of any person represent- 
 ing to him that fact, immediately to give notice to the 
 owner or occupant thereof, and require him to do such 
 acts as the Marshal shall deem necessary for the health 
 of said city, and in case of a failure of such person to 
 comply with such requirements for the space of twelve 
 hours, said Marshal is required and empowered to do 
 such acts himself, keeping a correct account of the 
 expenses of the same, for all of which expenses said 
 owner, or occupant, shall be liable to three times that 
 amount, to be collected bv an action in favor of the 
 City of Davenport. 
 
 Sec. 5. It shall be the duty of the City Marshal or 
 Health Inspector, to see that every portion of the city, 
 including all buildings, cellars of the same, lots and 
 appurtenances, be properly purified and limed, and he 
 shall immediately require the owner, or occupant, of 
 every lot or building, whenever, in his judgment, he 
 shall deem it necessary, to lime the same in such man- 
 ner as he may direct, and upon a failure so to do for the 
 space of twelve hours, he shall be liable to said city as 
 prescribed in the preceding section. 
 
 Passed May 13, 1853, and June 21, 1852. 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 169 
 
 Part II. 
 
 AN ORDINANCE to secure the health of the city — 
 providing for a Board of Health and other purposes. 
 
 Be it enacted by the City Council of the City of Dav- 
 enport , , 
 
 ARTICLE 1. 
 
 Section 1. The Major of the city is hereby empow- cu ealth 
 ered, at any and all times when lie shall deem the exi- 
 gencies of the case to require it, to appoint a Board of 
 Health, to be approved by the City Council, to consist 
 of three persons, which may be increased to live, if 
 necessary. The Mayor shall be ex officio President, and 
 the City Clerk ex officio Clerk of said Board. The per- 
 sons so appointed may be removed by the Mayor or City 
 Council at pleasure, and others appointed by the Mayor 
 or by the Council. The Board may be dissolved at any 
 time by the Mayor or the City Council, and it shall be 
 the duty of the Mayor to dissolve it when he deems 
 their services no longer necessary. When dissolved, if 
 the necessity again arises, the same or a new Board 
 may be appointed, during the same year or at any sub- 
 sequent year. 
 
 Sec. 2. The Board of Health shall meet the first Meeting of. 
 time, for any one year, at the call of the Mayor, and 
 thereafter at such times as they may designate, or at 
 the call of the Mayor, and any member who shall ab- 
 sent himself (unless sick or absent from the city) from 
 any meeting, shall be liable to be removed and his place 
 to be filled, and he shall in addition pay to the city of 
 Davenport a fine of five dollars. But this fine may be 
 remitted by the Board for good cause shown. All 
 meetings of the Board shall be at the City Hall. 
 
 Sec. 3. The Board of Health may make and deter- Rules, 
 mine the rules of its own proceedings and such other 
 rules and regulations as may be necessary to carry into 
 effect the powers and duties of the Board. 
 
 22 
 
CITY ORDINANCES. 
 
 [CHAP. 29. 
 
 170 
 
 powers and Sec. 4. Said Board of Health shall exercise a general 
 
 duties. o 
 
 supervision over the city of Davenport, with full power 
 to take all steps and use all measures to promote the 
 cleanliness and salubrity thereof, to abate nuisances of 
 every description, on public or private property ; to 
 prevent the introduction into the city of malignant, 
 contagious or infectious diseases, and to remove or oth- 
 erwise dispose of any person attacked by any such dis- 
 ease, and adopt in reference to such person any resolu- 
 tions, restrictions or measures deemed advisable ; and to 
 establish rules and regulations for the government of 
 the city hospital, and to prevent the introduction or 
 spreading of cholera, ship fever, small-pox, or other 
 infectious or contagious diseases within the city. 
 
 SM ice ^ec. ^ shall be the duty of the Marshal, Health 
 Inspector, and such members of the police as the Board 
 of Health may direct, to attend the meetings of the Board 
 of Health in the City Hall, and to serve all precepts and 
 notices issued by said Board, or any member thereof, 
 signed by the President and attested by the clerk there- 
 of; to execute all orders of the Board directed to them ; 
 to attend to the abatement or removal of all nuisances, 
 and to perform such other duties in relation to nuis- 
 ances as said Board may direct ; and as often, and in 
 such manner as may be required of them, to examine 
 the condition of all streets, lanes, avenues, alleys, mar- 
 ket places and public squares and private yards of the 
 city, and to report to said Board, or any member there- 
 of, all nuisances found therein ; to notify persons upon 
 whose premises, or premises occupied by them, any 
 nuisance may exist, to remove the same, and if it be 
 not removed forthwith, to make a report thereof in 
 writing to said Board, or any member thereof ; to visit 
 at least once a week, and oftener when required by said 
 Board, or any member thereof, every part of the city ; 
 to arrest any person found violating any city ordinance 
 which relates to the sanitary regulations of the city ; 
 and to watch for and arrest persons throwing, or per- 
 mitting to be thrown, from their premises into their 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 171 
 
 yards, or into the streets and alleys, any tilth or other 
 matter prohibited by the ordinances of the city and the 
 regulations of the Board of Health ; and in other re- 
 spects to exercise the utmost diligence in enforcing the 
 ordinances in regard to their department. 
 
 Sec. 6 . The Board of Health shall keep a correct ^° u ^ t0 
 and full account, in suitable books, of all expenses in- 
 curred, with whom, and on what account, and whether 
 payable by the city or by individuals, and a like account 
 of all moneys expended, to whom paid, and on what 
 account ; and shall, at the end of every month, render 
 to the City Council an account of all expenses that may 
 have occurred under their authority, and, upon the 
 Board certifying to the correctness of the same, and the 
 same being approved by the Council, the Clerk shall 
 issue his warrant therefor, payable ont of any money 
 not otherwise appropriated. 
 
 Sec. 7. The owner or occupant of every lot, or build- Usances, 
 ing, or any appurtenance thereof, shall keep every part 
 thereof free from tilth or anything offensive to the neigh- 
 borhood about the same, likely to contribute to disease or 
 infection, or which is prohibited by the Board of Health ; 
 and upon failure to do so, it is hereby made the duty of 
 the City Marshal or Health Inspector, upon complaint, 
 inspection, or order of the Board of Health, immediately 
 to give notice to the owner or occupant thereof, and re- Removal of, &c. 
 quire him to do such act as the said officer, under the 
 direction of the Board of Health, shall deem necessary 
 for the health of said city, and in case of failure to com- 
 ply with such requirements for the space of twelve hours, 
 said officer is required and empowered to do such acts 
 himself, keeping a correct account of the expenses of the 
 same, for all of which expenses said owner or occupant 
 shall be liable to three times that amount, to be col- 
 lected by an action in favor of the city of Davenport. 
 
 Sec. 8. Said Board of Health shall, from time to slau s ljter * 
 
 . , i -| Foubos, &c. 
 
 time, cause every slaughter house and yard of the city 
 to be entered and examined, and a report made of any 
 
CITY ORDINANCES. 
 
 [CHAP. 29. 
 
 Duty of physi- 
 cians . 
 
 Removal of 
 sick. 
 
 Confinement. 
 
 Posting notice. 
 
 172 
 
 violation of ordinance in relation thereto, such report 
 to be accompanied by a list of names of the witnesses 
 by whom the facts contained in such report are expected 
 to be proven. 
 
 Sec. 9. It shall be the duty of every physician in 
 the city to report to the Board of Health every case of 
 ship fever, cholera or small-pox he may be called upon 
 to attend within the limits of the city, or within live 
 miles of the same, within twelve hours after he shall 
 have examined the patient, with the number and loca- 
 tion of the house, name of occupant, and street, under 
 penalty, for failure to do so, of ten dollars fine. 
 
 Sec. 10. Whenever.it shall appear to said Board of 
 Health that any person has been attacked by cholera, 
 ship fever, or any contagious disease, said Board shall 
 cause such person to be removed immediately to the 
 hospital or some other retired place ; but if such person 
 refuse to be removed, or if his or her condition is such 
 that, in the opinion of the Board of Health, removal 
 would be attended with danger, said Board shall take 
 such measures as may be deemed advisable to prevent 
 the spread of the contagion or infection, and to cause 
 the diseased person to receive proper and humane at- 
 tention. 
 
 Sec. 11. All persons having ship fever, small-pox, 
 or other contagious or infectious disease, in the city, 
 who refuse to go, or cannot be taken therefrom, to the 
 hospital, or other house or place which may be desig- 
 nated by the Board of Health, are hereby required to 
 be kept closely confined within their resjDective dwell- 
 ings or places of abode ; and the Board of Health shall 
 cause suitable notices, with the name or character of 
 the disease printed or written in large letters thereon, 
 to be posted up in the most conspicuous place on or 
 near such dwelling or place of abode in which such 
 contagious or infectious disease exists, and require of 
 the occupants thereof to maintain such notices there, 
 until, in the opinion of the Board of Health, they may 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 I rro 
 
 7o 
 
 be safely discontinued ; and any person failing to com- 
 ply with the requirements of this section shall forfeit 
 and pay a line of not less than ten nor more than one 
 hundred dollars. 
 
 Sec. 12. If any person shall, without permission of Smaii-pox, &c. 
 the Board of Health, leave his or her place of abode 
 and be found going about the city after the small-pox 
 or varioloid eruption has made its appearance upon him 
 or her, he shall forfeit and pay to the city not less than 
 ten nor more than one hundred dollars. 
 
 Sec. 13. All persons are required to obey the ordi- RuleBofBoard - 
 nance, precepts, regulations and requirements of said 
 Board ; and whoever shall fail, refuse or neglect so to 
 do, shall forfeit and pay to the city not less than live 
 nor more than fifty dollars. 
 
 Sec. 14. Each member of said Board shall receive compensation, 
 as full compensation for his services two dollars for 
 each day he shall attend the meetings thereof ; and the 
 clerk of said Board shall keep a correct account of the 
 days of attendance of each member thereof, and certify 
 the amount due each, after deducting unremitted fines for 
 non-attendance, and the City Clerk shall issue his war- 
 rant therefor, after approval by Council of the account. 
 
 Be it further enacted , That the Board of Health 
 may, if they shall deem it expedient and proper, exer- 
 cise any or all the powers conferred by Article two (2) 
 of this ordinance ; in no case interfering with trade, 
 commerce, navigation or other private interests any 
 further than a due regard for the public safety and 
 public health may require. 
 
 article 2. 
 
 Section 1. All boats coming to or bound for the Boats at quar 
 city of Davenport shall, if so ordered by the Board of antin0 ‘ 
 Health, before such boat or vessel can land at the 
 wharf, or discharge her cargo within the limits of the 
 city, touch at the quarantine and land all emigrants or 
 others recently from shipboard, and all sick, diseased, 
 
CITY ORDINANCES. 
 
 [CHAP. 29 
 
 Duty of boats. 
 
 Physician at 
 quarantine. 
 
 Permit to leave 
 quarantine. 
 
 174 
 
 or unclean persons, with their stores and baggage ; 
 provided, the officers stationed at the quarantine shall 
 so order, or it may be necessary, on account of cholera, 
 ship fever, small-pox, or any communicable disease, 
 among the passengers or crew of such boat, for the 
 same to be landed, to relieve the master or person in 
 charge of such vessel from the penalty hereinafter pro- 
 vided against masters or owners of all boats or vessels, 
 who shall knowingly land, or bring into the city limits, 
 any person or persons sick of cholera, ship fever, small- 
 pox, or any communicable disease of a fatal or danger- 
 ous character. 
 
 Sec. 2. The master of any boat landing passengers 
 contrary to the orders and regulations of the Board of 
 Health, or contrary thereto getting his boat by the 
 quarantine without detention, shall, on proof of the fact 
 before the Police Magistrate, be fined in a sum not less 
 than fifty nor more than one hundred dollars ; and the 
 boat may, on the order of the Board of. Health, be 
 forced to return to the quarantine station and remain 
 any length of time not exceeding twenty days. 
 
 Sec. 3. The physician and assistant physician at the 
 quarantine station shall have power to administer oaths 
 to the masters, officers, crew, or passengers, of any 
 steamboat touching any infringement of quarantine 
 regulations or other matters connected with the duties 
 of his office ; and it shall be the duty of the quarantine 
 physician to give immediate notice to the Mayor of any 
 master of a steamboat having disregarded the provisions 
 of this ordinance. 
 
 Sec. 4. Whenever the physician in charge of the 
 quarantine shall be satisfied that there is no cause for 
 the detention of any vessel touching at quarantine, or 
 such vessel shall have landed all passengers coming 
 under the provisions of this ordinance, or any future 
 regulation established by ordinance, and shall have been 
 if required, thoroughly cleansed to the satisfaction of 
 the quarantine officer, such vessels shall receive a per- 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 175 
 
 mit to enter the city. The said officer shall also give to 
 persons in quarantine, when satisfied that themselves 
 are free from disease, and their baggage and effects are 
 properly washed, cleansed and purified, a certificate to 
 that effect, and such certificate shall authorize and per- 
 mit such persons to depart from the quarantine. But 
 the Board of Health, in cases of the prevalence of chol- 
 era or ship fever, shall have power to prevent tlie ad- 
 mission of emigrants and others peculiarly liable to 
 such diseases, into tlie city. 
 
 Sec. 5. Any person placed in quarantine who sliall same— r enalt y- 
 leave the same without a certificate, as in the last sec- 
 tion required, shall be liable to a penalty of not less 
 than five dollars nor more than one hundred dollars, to 
 be sued for and recovered before the Police Magistrate, 
 as in other cases. 
 
 Seg. 6 . Tlie master or person in charge of any steam- Penalty, 
 boat or other vessel, who shall knowingly bring into the 
 city any person or persons diseased with cholera, small- 
 pox, ship fever, yellow fever, or any communicable dis- 
 order endangering life, or who shall land any such sick 
 persons within five miles of the city, except at tlie 
 quarantine station, shall be liable to a penalty of not 
 more than one hundred dollars for each and every 
 offense, no matter from what quarter the said vessel 
 may approach the city ; and the master or person in 
 charge of any vessel coming from the south, who shall 
 disregard the quarantine regulations, or disobey the 
 orders of the quarantine officers, shall also be liable to 
 a like penalty for such disregard or disobedience, in 
 addition to the liability under the first provision of this 
 section ; and it shall be the duty of the City Marshal or 
 Health Inspector, whenever complaint is made before 
 the Police Magistrate of a violation of any of the pro- 
 visions of said ordinance, to arrest the offender forth- 
 with and bring him without delay before the Police 
 Magistrate for trial. 
 
 Sec. 7. Whenever the Mayor shall be informed and 
 
CITY ORDINANCES. 
 
 [CHAP. 29. 
 
 176 
 
 Duty of Mayor, satisfied that, contrary to the orders and regulations of 
 the Board of Health, any steamboat or vessel has left 
 the quarantine station without a permit, or has failed to 
 to stop at the same, or that any vessel having on board 
 cholera, ship fever, small-pox, or any communicable 
 disease of a fatal and dangerous character, has failed to 
 land at the quarantine and give notice thereof, and fur- 
 ther failed to obey the instructions of the Mayor, or 
 Board of Health, or quaratine officers, in regard to said 
 diseased persons, or the boat bringing the same, it 
 shall be the duty of the Mayor, if in his opinion the 
 health of the city requires it, to proceed at the head of 
 the police of Davenport, to such boat or vessel, to take 
 her, and cause the boat, together with the crew and all 
 the passengers on board, to be conveyed to the quaran- 
 tine station, there to remain until discharged by the 
 proper authorities ; and all expenses incurred in such 
 removal shall be paid by such boat or vessel ; and any 
 person aiding or abetting the master or person in charge 
 of said vessel, in violation to the quarantine regula- 
 tions, shall, on conviction thereof, forfeit and pay to the 
 city of Davenport a sum not less than fifty nor more 
 than one hundred dollars. 
 
 Expenses. Sec. §. When practicable, all expenses of removal 
 of sick persons from boats to the hospital, or expenses 
 incurred in cleansing or purifying, or furnishing medi- 
 cines to those placed in quarantine, shall be defrayed by 
 such persons themselves ; in all other cases the expenses 
 shall be paid by the city. 
 
 Emigrants, & c , Sec. 9 . The section of this ordinance which requires 
 
 at quaiantme. ^ emigrants or other persons lately from shipboard, to 
 be landed at the quarantine station, whether sick or oth- 
 erwise, until their persons, baggage and effects shall have 
 undergone the required cleansing and purification, shall 
 only be considered in force when and so long as the 
 same may be deemed necessary by the Board of Health, 
 on account of the prevalence of cholera or ship fever 
 at Hew Orleans, or on board of emigrant vessels arriv- 
 
CHAP. 29.1 
 
 HEALTH OF CITY. 
 
 177 
 
 ing at tliat port, or the prevalence of either of said 
 diseases in the city of St. Louis ; and it shall he the 
 duty of the Mayor to give notice, by proclamation, when- 
 ever the Board of Health shall consider it necessary to 
 enforce said section, and to send said proclamation con- 
 taining the purport of the regulations established to 
 Muscatine, Burlington, Keokuk, Quincy and St. Louis, 
 that all parties interested may have due notice thereof. 
 
 Sec. 10. The Board of Health and the officers in Quarantine 
 charge of the quarantine shall have power to make such ieg ' ulatlolis - 
 regulations for the proper conducting and management 
 thereof as may be found necessary ; and all persons in 
 quarantine, and the officers and agents of the city em- 
 ployed in that service, shall observe the same ; said offi- 
 cers and agents under the penalty of summary dismissal 
 by the Mayor, when recommended by the Board of 
 Health, for any neglect of duty ; and persons in quaran- 
 tine, under a penalty of not less than five dollars nor 
 more than one hundred dollars, on proof before the Po- 
 lice Magistrate of infringement of such regulations, 
 when informed of the existence thereof. 
 
 Sec. 11. It shall be the duty of the quarantine phys- Fees, 
 ician or assistant physician to collect from every steam- 
 boat or other vessel examined at the station, the sum of 
 two dollars, before giving a certificate or permit to such 
 vessel to enter the city ; and one-half the sums so col- 
 lected shall be paid over to the City Treasurer monthly, 
 provided , however, that regular packets to this port 
 shall pay but one dollar. 
 
 Sec. 12. In addition to the foregoing powers the Health officer 
 Board of Health, or the Council, or the Mayor are 
 hereby empowered to appoint one or more health offi- 
 cers, removable by the Board or City Council, who shall 
 have the power to board every boat arriving at the 
 levee of said city, before it shall have discharged its 
 freight or passengers, and to inspect and examine all 
 freight and passengers proposed to be landed at this 
 place, and only such portions of the same shall be 
 23 
 
CITY ORDINANCES. 
 
 [CHAP. 29. 
 
 178 
 
 landed within tlie limits of the city as he or they shall 
 allow, and the remainder to he landed at such point as 
 the health officer shall direct. When ordered to do so 
 by the Board of Health, or the Council, or the Mayor, 
 the officers so appointed shall exercise the powers con- 
 ferred in this section. 
 
 power over Sec. 13. In case the Board of Health shall not 
 
 boats. 
 
 establish any quarantine, or if boats shall pass quaran- 
 tine without inspection and permit, and in all cases when 
 required by the Mayor, or the Board of Health, or other 
 health officer, every boat arriving at the wharf, or 
 within the limits of said city, shall neither receive on 
 board or discharge any freight or passengers, or permit 
 any person not a passenger to go on board for any pur- 
 pose whatever, until the health officer, or other named 
 officers, shall have given his or their permission ; that 
 upon the boarding of the boat by such officers, the offi- 
 cers of said boat shall furnish to said city officer, or offi- 
 cers, all information relative to passengers or freight 
 proposed to be landed here, as may lay in their power, 
 and in case said boat shall fail to comply in any particu- 
 lar with any provisions of this or of the last section of this 
 ordinance, or fail to obey any of the reasonable require- 
 ments of the health officer, or officers, in the due execu- 
 tion or performance of their duties, it shall pay to said 
 city a fine of not less than ten dollars, nor more than 
 one hundred dollars, for each and every offense, to be 
 recovered of said boat by action instituted in the name 
 of the city of Davenport. 
 
 sick to be cared Sec. II. It shall be the duty of the Board of Health, 
 in the case of persons thus landed by their direction 
 without the city limits, to provide for them places in 
 which to stop ; to see that such of the sick, whose con- 
 dition requires it, have attendants and necessaries; and 
 when such attendants and necessaries have been pro- 
 vided at the expense of the city, the person, or persons, 
 for whom the same have been provided, shall be liable 
 to said city for the amount thus expended, and the 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 179 
 
 Board of Health may collect the same" from such per- 
 sons, or their heirs, executors, administrators, or as- 
 signs, by action instituted against them in the name of 
 the city of Davenport. Persons either carried or landed 
 out of the city, by the Board of Health, shall stay 
 within its limits until the Board of Health shall give 
 them permission to enter and remain in said city ; and 
 any person so going into, or remaining in the city, 
 without such permission, or any person who takes 
 another, or others, into said city, without such permis- 
 sion, shall pay a line to said city of Davenport not ex- 
 ceeding $100. The Board of Health, in all cases, when, 
 in their judgment, the health of the city demands it, may 
 cause any person, taken sick within the limits of said 
 city, with a disease which is infectious, contagious, or 
 dangerous to community, to he removed to a suitable 
 place, where danger to the inhabitants of the city will 
 be prevented. 
 
 Sec. 15. The city lias a remedy over and against 
 any and all persons for all expenses incurred in their 
 behalf, and for all supplies and aid furnished to them. 
 
 Sec. 16. If the Board of health shall at any time 
 establish a quarantine, the physician and necessary offi- 
 cers, as well as those for hospitals, shall be appointed 
 and their compensation fixed by the Board of Health, 
 subject, however, to the approval of the City Council, 
 which may reduce or increase the compensation as it 
 deems proper.* 
 
 Passed and approved August 8th, 1866. 
 
 * Quarantine.— As to quarantine power of cities, see 41 Maine, 363; 45 id., 496; 
 also city charter, Art. 5, Sec. 2; ante , p. 38. 
 
 Board of Health-orders of.— Regularly, the orders of the Board of Health 
 should he in writing. See 15 Wend., 397; 18 id., 169; 9 Wend., 833; 6 id.. 651. 
 
 Power of City.— Charter gives city full power to secure the public health.— 
 See ante , p. 38. 
 
 Remedy of city. 
 
 Officers— com- 
 pensation . 
 
180 
 
 CITY ORDINANCES. 
 
 [CHAP. 29. 
 
 Part III. 
 
 AN ORDINANCE to secure the better preservation of 
 the health of the city. 
 
 Occupant to 
 clean out paved 
 and macada- 
 mized gutters. 
 
 Penalty for 
 violation . 
 
 Section 1. Every occupant of any lot or lots, in front 
 of or adjoining which there is any paved or macadam- 
 ized gutter, is hereby required, once every two weeks, 
 between the first day of April and November of each 
 year, thoroughly to clean out the said gutter in front of 
 or adjoining the property occupied by him, and place 
 the dirt and matter thus cleaned out into a pile, so that 
 it can be removed by the carts or other vehicles pro- 
 vided by the city, and said cleaning out shall be done 
 on or before Friday of every second week, so that it 
 can be removed on Saturday ; and any person who shall 
 fail or neglect to comply with this ordinance shall be 
 guilty of a misdemeanor, and fined not exceeding ten 
 dollars for each and every offense ; and if the city 
 authorities are compelled to clean out said gutters, the 
 officer shall keep an account of the expenses for three 
 times the amount of which the party shall be liable (in 
 addition to the fine above provided for) in an action by 
 the city. If, in the gutters running north and south, 
 sand or other materials are washed into the gutters from 
 above by the action of the flowing water from the bluff, 
 it shall be the duty of the city, and not the adjoining 
 occupant, to clean out such sand and other materials. 
 
 How slops, Sec. 2. Within the limits specified in the first sec- 
 I rlufbe dis- tion of an ordinance entitled “An ordinance to prevent 
 swine from being kept in certain parts of the city, and 
 to regulate the mode of keeping the same in other parts 
 of the city, and for other purposes,” passed September 
 24, 1866, it shall be the duty of each head of a fam- 
 ily, between the first day of April and November of 
 each year, to put all slops, dirt, garbage, offal, filth, 
 refuse vegetables, dish water, and all other matters lia- 
 ble to decay, into a water tight barrel, cask or other 
 vessel, and to place the same, once a week or oftener, 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 181 
 
 if required by the Marshal, Health officer, or Board of 
 Health, at some convenient place, so that the same may 
 he removed by the carts or other vehicles ot the city, 
 and whoever fails to comply with this requirement is 
 guilty of a misdemeanor, and shall be punished accord- 
 ingly. This section does not apply to those having 
 drainage into the sewers on Main and Iowa streets, and 
 shall not apply to those who may be allowed by the 
 City Marshal, or Health Inspector, to bury or dispose of 
 the garbage on their premises. 
 
 Sec. 3. All persons living within the limits specified ^ ^ g ™ g r e e d is 
 in the last section are from this date hereby prohib- of - 
 ited from depositing or throwing any manure of any 
 kind into the alleys or streets, or upon the sidewalks, or 
 upon their own premises ; all such manure shall be 
 thrown or deposited in a tight box or vessel, and unless 
 removed by the owner from the city, it shall be placed 
 by him as often as may be required, and as may be re- 
 quired by the Marshal, or Health officer, or Board of 
 Health, in some convenient place where it may be re- 
 moved by the city authorities, if the city shall decide to 
 remove the same ; but unless the city does undertake to 
 remove the same, it shall be the duty of the party him- 
 self to remove it once every week, or as soon as the box 
 is tilled, and any person guilty of violating this section 
 shall be punished and proceeded against as for a misde- 
 meanor, and as being guilty of causing and continuing 
 a nuisance. 
 
 This section is not intended to prevent the manuring Meaning of this 
 of the land of gardens in the usual manner, provided plained. ‘ 
 the manure be thoroughly mixed with dirt, and is so 
 done as to cause no stench or smells to arise. And 
 this section does not allow manure to be deposited in 
 alleys after November, contrary to existing ordinances. 
 
 The box or other vessel into which manure is deposited 
 or thrown shall not exceed three in width, six in length 
 and four in lieigth, and it shall not in any case be so 
 placed as to obstruct the passage of the alley, and the 
 party shall conform to the requirements of the Health 
 
CITY ORDINANCES. 
 
 [CHAP. 29. 
 
 Office of Health 
 
 Inspector 
 
 created. 
 
 Bond, oath, 
 duties, &c. 
 
 Powers. 
 
 Complaint 
 
 book. 
 
 Has all the 
 power of Mar- 
 shal, &c. 
 
 Appointment 
 
 of. 
 
 182 
 
 Inspector, Marshal or other health officer of the city, 
 in the placing of the box or vessel and in the removing 
 of the manure. 
 
 Sec. 4. At the first regular meeting of the City 
 Council after the first Saturday in April, 1867, and 
 annually thereafter, the City Council shall, on the nom - 
 ination of the Mayor, confirm an officer to he known 
 as Health Inspector of the city, who shall hold his 
 office until the first day of November thereafter, unless 
 the Council shall otherwise direct ; he shall take an oath 
 of office, and give a bond in the penal sum of $1,000, 
 faithfully to perform his duties. He shall have power 
 and it is made his duty to examine into the sanitary 
 condition of the whole city, to cause every street and 
 alley and every private yard, cellar, cistern and well, 
 privy and stable to be thoroughly cleaned out, and all 
 nuisances and causes of disease to be removed. This 
 examination and cleaning out shall be done as often as 
 necessary to keep the city clean. He shall have power 
 to enforce all the health, and all other ordinances of 
 the city relating to the health of the city. He shall 
 keep a “Complaint Book,” and shall cause an examin- 
 ation to be made of every complaint relating to nuis- 
 ances or other matters affecting the health of the city. 
 Within the scope of his powers and duties, he shall 
 have all the powers and authority of the City Marshal. 
 If there shall be a Board of Health in existence, he 
 shall co-operate with them. If not, he shall act under 
 the direction of the Council, and shall have the power 
 to do, and to require to be done, all acts necessary to 
 preserve the health of the city. And all citizens and 
 other persons in the city are directed to obey all his 
 lawful orders respecting the abatement and removal of 
 nuisances. 
 
 Sec. 5. The Mayor is authorized and required imme- 
 diately to appoint, subject to confirmation by the City 
 Council, a suitable person to act as Health Inspector, 
 and who shall hold his office until his successor is 
 appointed and qualified, or until he is removed, which 
 
CHAP. 29.] 
 
 HEALTH OF CITY. 
 
 183 
 
 he may be at the pleasure of the City Council ; and the 
 person thus appointed shall at once, upon qualifying as 
 required, enter upon the performance of the duties en- 
 joined and prescribed by this ordinance. And the 
 Health Inspector shall hereafter, and while this ordi- 
 nance continues in force, be appointed by the Mayor, 
 and confirmed by the Council, at the time other city 
 officers are appointed and confirmed or elected by the 
 Council. 
 
 Sec. 6 . The compensation of the Health Inspector compensation, 
 shall be the sum of seventy-five dollars per month, 
 during such time as the Council shall deem it necessary 
 to continue him in office. He is removable at all times 
 at the pleasure of the Council.* 
 
 Passed and approved September 25, 1866. 
 
 Part IV. 
 
 U ORDINANCE to prevent the spread of infec- 
 tious or contagious diseases , and to preserve the health 
 of the city. 
 
 Section 1. All beds, bedding and other clothing Beds, &c., of 
 
 ° cholera and 
 
 which have been used by any person when sick with smaii-pox 
 
 Till • tit patients— how 
 
 cholera or small-pox, are declared to be nuisances liable disposed ot, &c. 
 to endanger the public health, and the City Marshal, 
 the Board of Health, or any member of it, or any health 
 officer, or Health Inspector, or member of the City 
 Council, or Mayor, has the power, and it is made his 
 duty, to cause said beds, bedding or clothing to be 
 burned or otherwise destroyed or disinfected, as here- 
 inafter directed ; and whoever interferes with or ob- 
 
 *The office of “Health Inspector” was created in view of the fact that the 
 Marshal’s time is largely taken up with his general duties, and in view of the 
 further fact that it is not contemplated that a Board of Health will he organized 
 unless in case of actual or threatened epidemics. 
 
 The Health Inspector, as regards all matters pertaining to the health and 
 sanitary condition of the city, has all the powers given by any ordinance to the 
 Marshal, whether the Health Inspector be therein specially named or not. The 
 Marshal is still a health officer as before, and his powers in this respect remain. 
 
CITY ORDINANCES. 
 
 [CHAP. 29’ 
 
 184 
 
 structs any of said officers in the discharge of this 
 duty, is guilty of a misdemeanor, and shall be fined not 
 less than five nor more than one hundred dollars for 
 each offense. 
 
 Same. Sec. 2. All such beds, bedding and clothing which 
 
 have received any portion of the discharges of cholera 
 patients, shall be burned or otherwise destroyed. If 
 these articles have not been saturated with or received 
 any of the discharges of cholera patients, such articles 
 need not be destroyed by such officers, if they are under 
 the direction of the city officer, or health officer, prop- 
 erly disinfected. And bedding and clothes used by 
 small-pox patients, shall be destroyed or disinfected, as 
 may be directed or deemed best by the City Marshal or 
 other officer named in section one of this ordinance. 
 Provision for Sec. 3. If the articles destroyed shall leave the per- 
 sons. u e pei son without other bedding or clothes, and without the 
 means to obtain them, the city officer shall have the 
 power to procure other articles, so far as necessary for 
 the comfort and health of the party, provided the Mayor 
 shall so direct, but not otherwise. 
 
 Passed and approved September 19, 1866. 
 
 CHAPTER XXX. 
 
 AN ORDINANCE to provide for taxing, licensing 
 and regulating Hawkers and Pedlars A 
 
 License necee- Section 1 . Ho hawker or pedlar of any article of 
 merchandise or of traffic usually kept for sale by any 
 merchant or manufacturer of this city, shall be permit- 
 ted to sell any such article of merchandise or traffic at 
 wholesale or retail, or offer the same for sale within 
 this city, without first having obtained a license therefor 
 as hereinafter provided. 
 
 Sec. 2. The Clerk is authorized to issue licenses to 
 
 Charter gives power to tax, license and regulate. Ante , p. 39. 
 
CHAP. 81.] 
 
 HORSES RUNNING AT LARGE. 
 
 185 
 
 hawkers and pedlars upon a receipt from the City License fee 
 Treasurer being produced to him for the sum of ten 
 dollars therefor, which license shall authorize said 
 hawker or pedlar to sell within the city limits for the 
 term of one month, but no such license will authorize 
 sales to be made except by the person to whom it was 
 issued. For issuing such license the Clerk shall be en- 
 titled to a fee of one dollar, to be paid, by the hawker 
 or pedlar. 
 
 Sec. 3. Any person who shall violate any provision Penalty, 
 of this ordinance shall be liable to a fine of fifteen dol- 
 lars for each and every offense. 
 
 Passed and approved December 4, 1851 ; August 4, 
 
 1858. 
 
 [By resolutions of City Council passed December 15, 1864, the Marshal was 
 instructed to enforce this chapter. The legal questions arising were referred to 
 the City Clerk and the Committee on Licenses, with power to reduee the license 
 in particular cases, if deemed advisable — such reduction, and the reasons, to be 
 reported at the next regular meeting of the Council. And the same resolutions 
 also applied to licenses of performances.] 
 
 CHAPTER XXXI. 
 
 AN ORDINANCE to prohibit horses from running at 
 large in the citij of Davenport. 
 
 Section 1. Ho horse, mare or mule, above the age Restrained, 
 of six months, shall be permitted to run at large in the 
 city of Davenport. 
 
 Sec. 2. It shall be the duty of the Marshal to take outy of Mar 
 
 • . . ,, *' shal. 
 
 into his possession all such horses, mares and mules 
 above the age aforesaid, that shall be found running at 
 large in the streets, alleys or open lots in said city ; and 
 if he shall know the owner thereof, and said owner 
 shall live within the city, or within one mile thereof, 
 he shall give him notice that he has such animal in his 
 possession, and shall deliver the same to said owner 
 upon his paying the charges as hereinafter specified. 
 
 Sec. 3. When the owner thereof shall neglect or same. 
 
 24 
 
CITY ORDINANCES. 
 
 [CHAPS. 31, 32. 
 
 186 
 
 refuse to pay tlie charges, or shall not he known to said 
 Marshal, he shall, within five days after the taking up, 
 advertise in one of the newspapers of this city, that he 
 will sell said animal at public sale, at a time and place 
 therein mentioned (which shall not be less than five days 
 from such publication,) and if no owner appears and 
 pays the charges before the day of sale, he shall sell 
 said animal at public sale, and pay the proceeds thereof, 
 after deducting the charges thereon, into the City Treas- 
 ury, which money shall be there retained for the owner 
 of said horse, mare or mule. 
 
 Sec. 4. The Marshal shall be allowed the following 
 fees under this ordinance : For taking up each horse, 
 mare or mule, the sum of fifty cents ; for giving notice 
 to the owner, fifty cents ; for feed and keeping per day 
 fifty cents ; for advertising (in addition to printer’s fee,) 
 twenty-five cents, and for selling each horse, mare or 
 mule, the sum of fifty cents. 
 
 Sec. 5. If the owner, or his servant, or agent, or if 
 any other person having control over, or charge of any 
 of the animals mentioned in section one, shall permit 
 the same to run at large, contrary to the provisions of 
 this ordinance, he shall also be fined in the sum of five 
 dollars for the first offense, and ten dollars for the sec- 
 ond, and twenty-five dollars for the third, and shall also 
 be liable for any and all damages to persons or property 
 done by said animal when so at large. 
 
 Passed and approved Dec. 4, 1851, except 5th sec- 
 tion, which was passed and approved Sept. 13, 1866. 
 
 [Note.— This ordinance is clearly authorized by the specific and general powers 
 confered upon Council. Ante, pp. 38, 40. 
 
 CHAPTER XXXII. 
 
 AN ORDINANCE to prevent obstructions to the land- 
 ing in front of the city , and to prohibit the removal 
 of gravel or earth therefrom. 
 
 [This ordinance is incorporated in Chapter 84.] 
 
CHAPS. 33,34.] 
 
 RELIEF-LUMBER. 
 
 187 
 
 CHAPTER XXXIII. 
 
 AN ORDINANCE for the relief of Antoine Le Claire 
 and George L. Davenport. 
 
 [Grants to the parties named, and assigns, use of a 
 portion of the public landing, in front of block 6, for 
 15 years, from November 9, 1850, for a certain rent. 
 The time having expired, the ordinance is not reprinted 
 herein.] 
 
 CHAPTER XXXIV. 
 
 AN ORDINANCE providing for the inspection and 
 measurement of lumber. 
 
 Section 1. All lumber or timber, sold or purchased, city Measurer 
 to be used in the city of Davenport, shall be properly quned. rG 
 inspected and measured by the person appointed by the 
 City Council for that purpose, if either party should 
 recpiire it, and a certificate thereof given, which inspec- 
 tion and measurement shall be according to the judg- 
 ment of the person so appointed. 
 
 Sec. 2. Any person who shall, for the purpose of Fraud pro 
 cheating, wronging or defrauding another, exhibit or 
 use a certificate of measurement, by making the same 
 applicable to any greater or less quantity of lumber or 
 timber than that for which the same was given,, shall 
 pay a fine not exceeding five dollars for every such 
 offense. 
 
 Sec. 3. There shall be allowed for services under the Fcp . 
 provisions of this ordinance, the following fees, one-half 
 of which is to be paid by each of the contracting parties, 
 to-wit : for the inspection and measurement of lumber, 
 twenty-five cents per thousand for the first twenty-five 
 thousand feet, and twelve and a half cents for every 
 thousand feet, over ; for the inspection and measure- 
 ment of timber, fifty cents for one hour or less, includ- 
 
CITY ORDINANCES. 
 
 [CHAP. 35. 
 
 Preamble. 
 
 Objects enu- 
 merated. 
 
 188 
 
 ing the time occupied in going to the place where the 
 same is deposited, and twenty-live cents for each suc- 
 ceeding hour. 
 
 Passed and approved May 9, 1853. 
 
 [Note.— See chapter 10 for provisions in relation to wood measurers. Inspect- 
 ing power given by charter. Ante , pp. 39, 40. 
 
 CHAPTER XXXV. 
 
 AN ORDINANCE for raising a loan of fifty -nine 
 thousand dollars. 
 
 Sec. 1. Whereas, the city of Davenport is without a 
 lire engine, without a suitable public steamboat landing, 
 without grounds for a reservoir and water-works, and 
 without the requisite number of lamps for lighting the 
 city with gas, all of which are absolutely essential to the 
 welfare of the city ; and, whereas, it is deemed expe- 
 dient that twenty thousand dollars should be expended 
 for reservoir and water-works, ten thousand dollars for 
 lire engines, apparatus and appendages, four thousand 
 dollars for subscribing for stock in the Davenport Gas 
 Company, and twenty-live thousand dollars for grading, 
 improving and paving, or macadamizing the levee, so 
 as to make a good steamboat landing ; amounting in the 
 whole to lifty-nine thousand dollars, which amount, if 
 appropriated, will have to be raised by a loan. 
 
 Be it therefore resolved , that on the lirst Monday in 
 August, a poll shall be opened at the Court House, in 
 the city of Davenport, for the submission of the ques- 
 tion to the voters of said city, and that the same shall 
 continue open from 9 o’clock A. M. until 6 o’clock P. 
 M., and the question shall be voted for in the following 
 manner, to-wit : all those in favor of the loan shall vote 
 “for the loan of fifty-nine thousand dollars,” and all those 
 opposed thereto, shall cast a vote “against the loan of 
 fifty-nine thousand dollars therefore be it 
 
 Resolved , That if said loan shall carry, the bonds of 
 
CHAP. 35 ] 
 
 LOAN OF $59,000. 
 
 189 
 
 the city in the sums of live hundred dollars each, shall 
 be issued and signed by the Mayor, or Clerk of the city, 
 the principal payable at the end of twenty years, and 
 the interest half yearly, not exceeding ten per centum 
 per annum ; Provided , however , that the bonds shall in 
 no event be sold for less than their par value. 
 
 And whereas, said election was held on the first Mon-^®* ultofeIec ~ 
 day in August, and at the time and place aforesaid, and 
 by the returns of said election, it appears that there 
 were six hundred and twenty-eight votes cast for the 
 loan of fifty-nine thousand dollars, and two hundred 
 and sixteen votes cast against said loan, being a major- 
 ity of four hundred and sixty-two votes in favor of said 
 loan, therefore 
 
 Be it enacted by the City Council of the city of Dav- 
 enport — 
 
 Sec. 1 . That the bonds of the city, in sums of five Bonds to issue, 
 hundred dollars each, for the sum of fifty-nine thousand 
 dollars, be issued, and signed by the Mayor and Clerk 
 of the city, and sealed with the seal of said city, and 
 payable at the end of twenty years, and the interest 
 not exceeding ten per centum per annum, (for which 
 coupons shall be issued,) payable half yearly, and sold 
 in accordance with the provisions of said resolutions. 
 
 Sec. 2. The faith of the city of Davenport is hereby Faith pledged, 
 pledged for the payment of said principal and interest 
 so borrowed, and the City Council shall provide for the 
 payment of the semi-annual payment of interest upon 
 said bonds, and the ultimate payment of the principal, 
 when the same can not be paid out of the ordinary 
 revenue of said city, by levying a special tax for that Tax. 
 purpose upon the taxable property of said city. 
 
 Passed and approved August 11, 1856. 
 
 [Note.— A s to power of city to borrow money, see charter and notes, ante , pp. 
 
 41 , 42 . 
 
190 
 
 CITY ORDINANCES. 
 
 [CHAP. 36. 
 
 Lower market 
 house. 
 
 Upper market 
 house. 
 
 Exclusive 
 privilege . 
 
 CIIAPTEE XXX YI. 
 
 AN ORDINANCE to establish two Market Houses 
 in the city of Davenport , and for the erection of 
 buildings for that purpose. 
 
 Section 1 . George L. Davenport, Gilbert C. E. 
 Mitcliell, Louis A. Macklot, F. Baurose, 11. B. Hoffman, 
 and tlieir associates and assigns, are hereby authorized 
 and empowered, for the consideration of the sum of ten 
 dollars per annum, to be paid into the City Treasury, 
 by said Davenport and his associates, and for the con- 
 venience and benefit of said city, to erect and put up a 
 building in said city, to be denominated a “Market 
 House,” on Western Avenue, between Fourth and Fifth 
 streets, for the purpose of renting, leasing and hiring 
 the stalls, rooms, bunks, and other conveniences therein 
 for hire, to such person or persons as they, the said 
 Davenport and his associates may deem advisable and 
 proper to be used, for the purpose of disposing of fresh 
 meats, vegetables, fish, poultry and provisions, and 
 fruits generally, as is customary and proper in public 
 market houses, on all days of week, Sundays excepted. 
 
 Sec. 2. And there is also hereby granted to Antoine 
 Le Claire, upon the same consideration the right to erect 
 build and put a Market House in operation on block 
 Ho. seventy-one (71) in said city, for the same purposes 
 and with the same rights as to renting, leasing, etc., 
 and to be used for the same purposes as in the grant to 
 George L. Davenport and others, in this chapter con- 
 tained, to be used by the said Antoine Le Claire, and 
 his heirs and assigns, on all days of the week, Sundays 
 excepted. 
 
 Sec. 3. Said Davenport, his associates and assigns, 
 and said Le Claire, and his heirs and assigns, so long as 
 their respective rights to said market houses shall con- 
 tinue by virtue of this ordinance, shall be protected in 
 the exclusive privilege, said city agreeing that no other 
 market houses shall be established in said city, and also 
 
CHAP. 3G.] 
 
 MARKET HOUSES. 
 
 191 
 
 agree to pass such ordinance or ordinances as will pro- 4j^ eement 
 tect them from competition in having fresh meats, poul- 
 try, tisli and vegetables sold in any other places than in 
 the said market houses ; that they will regulate the 
 hours of marketing, dictate the mode and manner of 
 conducting the same, appoint suitable and proper officers 
 to preserve order, and see that the ordinances in relation 
 to markets are complied with, and will authorize the 
 said Davenport and his associates, and the said Antoine 
 Le Claire, to rent their stalls, rooms, and conveniences 
 of their said buildings comfortable thereto, and will 
 compel citizens, and others, exposing marketing for 
 sale, to comply with all such ordinances, and to sell and 
 dispose of their marketing at said markets. 
 
 Sec. 4. It is, however, provided that if the said Duration of 
 George L. Davenport, his associates and their assigns, 
 and the said Antoine Le Claire and his heirs or assigns, 
 shall keep up said market houses, and shall comply 
 with all ordinances of the city in relation to markets 
 and market houses, not inconsistent with this ordinance, 
 then the rights and privileges hereby granted shall 
 accrue, continue, and inure to the said parties respect- 
 ively, for the term of ten years from the date thereof. 
 
 If said Antoine Le Claire, or his heirs or assigns shall, 
 at any time within the term of said ten years, discon- 
 tinue the use of said building as a market house, the 
 said city shall have the right to grant the same privi- 
 leges as to market, as are hereby granted to the said 
 Antoine Le Claire, to any other person or persons, or 
 to build and rent a market house, to hold markets in 
 on the days hereby alloted to said Le Claire. At any 
 time after the expiration of said ten years, the city of 
 Davenport shall have the right to take said market 
 house so to be erected by the said George L. Davenport 
 and his associates, into the ownership and control of 
 said city, by paying the then owners thereof the cash 
 value, at that time, of the improvements, and until the 
 city shall be disposed to do so, the leasing, renting, and 
 privileges herein granted to said Davenport and his 
 
192 CITY ORDINANCES. [CHAP. 30. 
 
 associates continue ancl remain in them and their as- 
 signs. 
 
 buy^&c fcity t0 At any time after the expiration of said term of ten 
 years, (provided the said Le Claire shall so long con- 
 tinue to claim and use the right hereby granted) the 
 said city may and shall have the right to take the said 
 market house, and so much of the ground appertaining 
 thereto as may be necessary for market purposes, at the 
 then cash value of the ground, and market house so 
 taken, and until the said city shall so take said ground 
 and market house and pay for the same, all the rights 
 and privileges granted to the said Antoine Le Claire, 
 shall remain, and continue, and inure to the said 
 Le Claire and his heirs and assigns. 
 
 Sec. 5. The said Davenport and his associates shall 
 occupy, for the purposes aforesaid, the centre of said 
 avenue, forty feet wide and three hundred and twenty 
 feet long. 
 
 Passed and approved October 18, 1851. 
 
 AN ORDINANCE to repeal an ordinance relating to 
 Markets , Marketing , etc. 
 
 Section 1 . Be it enacted by the City Council of the 
 city of Davenport , that the ordinance entitled “ An 
 ordinance regulating Markets, Marketing, etc.,” and an 
 ordinance relating to the sale, or exposing for sale, of 
 any hay, coal, vegetables, meat or other articles of mer- 
 chandise, in any wagon or other vehicle, passed and 
 approved December 2, 1857, be and the same are hereby 
 repealed. 
 
 Sec. 2. That all of the ordinance entitled “An ordi- 
 nance to establish two Market Houses in the city of 
 Davenport, and for the erection of buildings for that 
 purpose,” in relation to George L. Davenport, Gilbert 
 C. 11. Mitchell, Louis A. Macklot, F. Baurose, II. B. 
 
CHAP. 37.] 
 
 CONTINUATION OF MAIN STREET. jgg 
 
 Hoffman, and tlieir associates and assigns, be and is 
 hereby repealed. 
 
 Passed and approved May 24, 1860.“ 
 
 CHAPTER XXXVII. 
 
 AN ORDINANCE for the continuation of Main 
 street, in the city of Davenport, to the northern limits 
 of said city. 
 
 Section 1. Main street, in the city of Davenport, is Extcnf 
 hereby extended and continued from its present temiii- 
 ation, north to the northern line of the present corporate 
 limits of the city. 
 
 Sec. 2. Said street, in all portions thereof heretofore width 
 established, where the same shall be less than eighty 
 (80) feet in width, is hereby established at eighty feet in 
 width, and the width of that portion of said street, 
 which is by this ordinance extended and continued, 
 shall be of the same width. 
 
 * Though the market ordinance is thus repealed it has been re-printed in order 
 that the decisions of the courts respecting it might be noted. It is quite probable 
 that the subject of markets will often arise in the course of the history of the city. 
 
 Those decisions are in substance thus: 
 
 Under this ordinance the Supreme Court decided in the City of Davenport v. 
 Kelly , <.7 Iowa Rep., 102,) that the city under its charter power to establish 
 markets, &c., had the power to prohibit the exposing and offering for sale meat at 
 other places than those designated by the Council. It was held that such an 
 ordinance was a reasonable regulation, not at an unreasonable restraint of trade. 
 But in the Kelly case it was further decided that the city could not delegate to the 
 private parties named the powers contained in this ordinance ; but this point in 
 the decision was subsequently overruled in Le Claire v. City of Davenport , (13 
 Iowa Rep., 210,) where it was held that this ordinance was valid, and that the city 
 had power to authorize the erection of the market houses by private individuals 
 and covenant to protect the owner in the exclusive privilege thereof; and that the 
 city would be liable for failing to protect him by the passage of the requisite 
 ordinances. 
 
 This point in the decision, it may be suggested, admits of some doubt, on this 
 principle, that cities are disabled from making binding contracts with reference 
 to the future exercise of their legislative powers, or valid contracts abdicating 
 their legislative powers and functions. 
 
 As to market ordinances see Dubuque v. Miller , 11 Iowa Rep , 583. Also cases 
 cited in Notes to Charter, an/e, pp. 62, 80. 
 
 Of what a municipal market consists, see Cincinnati v. Buckingham , 10 Ohio 
 R., 257. 
 
CITY ORDINANCES. 
 
 I CHAPS. 37,38. 
 
 Same. 
 
 Survey. 
 
 Unlawful as- 
 semblies, &c. 
 
 194 
 
 Sec. 3. The east and west boundary of that portion 
 of said street hereby widened, and that portion hereby 
 extended, shall be formed by continuing in a straight 
 line north,, the east and west line of said Main street, 
 from the south side of Sixth street to the north line of 
 the corporation. And it shall be the duty of the City 
 Engineer of said city, forthwith to survey said street, 
 as herein provided for widening and extending the 
 same, and to make a proper plat of such survey, show- 
 ing the names of parties owning the land proposed to 
 be taken, when known, and also a description of the 
 lots and land by numbers, and return such plat to the 
 Mayor of said city. 
 
 [Sec. 4 relates to the mode of assessing damages, 
 which mode has since been changed by the amended 
 charter of 1857, and therefore section 4 of this ordi- 
 nance is not reprinted.] 
 
 Sec. 5. The Street Commissioner of said city shall 
 thereupon cause said street to be improved and worked 
 as other streets are worked and improved, and all the 
 laws and ordinances of said city shall thereafter extend 
 over and apply to said street, wherever the same shall 
 be applicable. 
 
 Passed and approved May 9, 1855. 
 
 CHAPTER XXXVIII. 
 
 AN ORDINANCE concerning misdemeanors A 
 
 Section 1. Any three or more persons who shall 
 assemble together in the city of Davenport, with an 
 intent to do any unlawful act against the public peace, 
 and to the terror of the people, or to do any act against 
 the peace, security or repose of any person or persons, 
 or of the people within said city, or being lawfully 
 
 ^Charter gives city power to make all necessary and proper ordinances ( ante , 
 p. 40,) and to punish violations by imprisonment. Ante, p. 52. 
 
CHAP. 3S. ] 
 
 MISDEMEANORS. 
 
 195 
 
 assembled, sliall agree with each other to do any unlaw- 
 ful act, as aforesaid, and shall make any movements or 
 preparations therefor, or being so lawfully assembled, 
 shall, without any agreement by words or signs, make 
 any preparations or movements to do any unlawful act 
 as aforesaid, shall be deemed guilty of a misdemeanor. 
 
 Sec. 2. Every person who shall unlawfully disturb p^c peace* ° f 
 the public quiet of any street, alley, avenue, • public 
 square, market place, wharf, or any religious or other 
 public assembly," or building, public or private, or any 
 neighborhood, private family, or person, within the 
 city, by loud or unusual noise, by blowing horns or other 
 instruments, by the rattling or playing of organs, ket- 
 tles, bells, or other sounding vessels, or noisy instru- 
 ments, by hallooing, shouting, bellowing, or howling, 
 by indecent or obscene language or conversation, or by 
 any device or means whatever, or by tumultuous . or 
 offensive language or conduct, by threatening, quarrel- 
 ing, challenging, assaulting, striking, or fighting, under 
 any pretence whatever, shall be guilty of a misde- 
 meanor. 
 
 Sec. 3. Every person in this city who shall suffer or Permitting 
 
 ,y q ^ same. 
 
 permit any hallooing, howling, screaming, bellowing, 
 profane or obscene language, fighting or quarreling, or 
 any unusual noise or affray, in any house, upon any 
 premises, owned, occupied or possessed by him, or over 
 which he has control, as agent or otherwise, in such 
 manner as to disturb the neighborhood, or persons jiass- 
 ing in the streets, shall be deemed guilty of a misde- 
 meanor, and the proof of such acts having been done in 
 such place, shall b Qprimcc facie evidence that the same 
 was done with the permission of the owner, occupant or 
 possessor, but such presumption may be rebutted by 
 proof. 
 
 Sec. 4. Any person who shall lead, drive or ride, or Horses. & c ., on 
 shall place any horse, or any beast of burthen, or drive 
 or place any wagon or other vehicle, on any paved or 
 planked sidewalk, or leave the same standing on or 
 
Indecent be- 
 havior. 
 
 Careless 
 
 driving. 
 
 Drunken per- 
 sons on streets, 
 
 &.C. 
 
 CITY ORDINANCES. [CIIAP. 38. 
 
 across any footway crossing any street in the city, shall 
 be deemed guilty of a misdemeanor. This section, 
 however, shall not be construed so as to prevent any 
 person from leading, riding or driving over any paved 
 or planked sidewalk, in any lot or house owned by him, 
 or his employer, provided he does so in a walk. 
 
 Sec. 5. Any person who shall appear in the streets, 
 or publicly within the city when naked, or in a dress 
 not belonging to their sex, or in any indecent or lewd 
 dress, or shall be guilty of any indecent behavior or 
 lewd act, or shall exhibit any indecent or lewd book, 
 picture, statue or other thing, or who shall exhibit or 
 perform any immoral or lewd play, or other represent- 
 ation, shall be guilty of a misdemeanor. 
 
 Sec. 6 . Every person who shall ride or drive any 
 horse or other animal, or shall drive any carriage, mail 
 stage, or other vehicle, or direct, order, or allow his 
 driver to do the same, in or upon any street, alley, or 
 wharf within the city, in a careless or improper manner, 
 so as to cause any such animal or vehicle to come in 
 collision with any person or child, or any vehicle or 
 other thing, whereby any injury shall result to any per- 
 son, child, or thing, shall be deemed guilty of a misde- 
 meanor. 
 
 Sec. 7. Every person found drunk or intoxicated in 
 an y street, or other public place within the city, or found 
 asleep in any such place, or on any private property not 
 his own, nor belonging to the person with whom he lives, 
 and being unable to show the permission of the owner 
 or occupant, shall be deemed guilty of a misdemeanor, 
 and it shall be the duty of the City Marshal to arrest 
 any person so found drunk or intoxicated, and take such 
 person forthwith before the Mayor of the city, and it 
 shall be the duty of the Mayor, on being satisfied that 
 such person has been guilty of such misdemeanor, forth- 
 with to commit the offender to prison, there to remain 
 until he becomes sober. Every person violating section 
 
MISDEMEANORS. 
 
 CHAP. 38.] 
 
 197 
 
 seven shall be lined not exceeding ten dollars or com- 
 mitted to prison not exceeding thirty days.'* 
 
 [Sec. 8 was repealed September 13, 1866, and is there- 
 fore not re-printed.] 
 
 Sec. 9. No person shall be permitted to keep within and 
 the corporate limits of the city, to let to mares, any 
 stallion or jack, unless said person shall provide an en- 
 closure so arranged as to obstruct the view of all the 
 inhabitants of the city. 
 
 Sec. 10. No engineer or other person having charge ^ t r c ° d ad spccd 
 of any engine or locomotive, whether the same be at- 
 tached to a train of cars, or otherwise, shall run such 
 engine or locomotive, or permit the same to be run 
 through Fifth street in this city, between the depot 
 grounds of the Mississippi & Missouri Railroad Com- 
 pany and the west line of the corporation, at a faster 
 speed than at the rate of six miles per hour, and while 
 such engine or locomotive is in motion, the bell shall 
 be kept continually ringing ; and any person violating 
 either provision of this section, shall be deemed . guilty 
 of a misdemeanor, and shall be punished by a tine of 
 not exceeding twenty dollars for each otfense.f 
 
 Sec. 11. All persons who shall violate any provision Penalty, 
 of this ordinance, shall be deemed guilty of a misde- 
 meanor,- and upon conviction thereof (where the penalty 
 is not already heretofore specified) shall forfeit and pay 
 a tine to the city of Davenport of not less than three 
 dollars, nor more than one hundred dollars, and be im- 
 prisoned until such tine and the costs of prosecution be 
 paid ; Provided , however , such imprisonment shall not 
 exceed thirty days. (See Chap. 41, Art. 2.) 
 
 Passed and approved May 11, 1853. 
 
 *The last sentence of section 7 passed September 18, 1866. 
 t See post for another ordinance regulating rate of speed, &c., of care in city. 
 
198 
 
 CITY ORDINANCES. 
 
 [CHAPS. 39, 40. 
 
 Extension 
 
 Survey. 
 
 Opening. 
 
 Extension 
 
 fined. 
 
 CHAPTER XXXIX. 
 
 AN ORDINANCE for the extension of Twelfth street. 
 
 Section 1 . Twelfth street, in the city of Davenport, 
 as laid out and recorded by Antoine Le Claire, is hereby 
 extended from its western termination on Perry street, 
 westerly to Brady street, and sixty feet in width. 
 
 Sec. 2. It shall be the duty of the City Engineer of 
 said city, forthwith to survey said extension of Twelfth 
 street as above specified, and to make a proper plat of 
 such survey, showing the names of the parties owning 
 the land proposed to be taken, and return such plat to 
 the Mayor of said city. 
 
 [Sec. 3 relates to mode of assessing damages under 
 original charter, which mode is superceded by the 
 amended charter of 1857, and provides that the dam- 
 ages shall be paid by the petitioners for the extension 
 of the street.] 
 
 Sec. 4. The Street Commissioner of said city shall, 
 thereupon, cause said street to be immediately opened 
 and improved as other streets are worked and improved, 
 and all laws and ordinances of said city, applicable, 
 shall apply to said street so extended. 
 
 Passed and approved June 4, 1855. 
 
 CHAPTER XL. 
 
 AN ORDINANCE for the continuation of Perry 
 street in the city of Davenport , to the road on the 
 north side of Block No. 1, McIntosh's addition to 
 said city. 
 
 de- Section 1. Perry street, in the city of Davenport, is 
 hereby extended and continued from its present termina- 
 tion, north to the road running east and west in front 
 of the present residence of Franklin Fearing and Adam 
 
CONTINUATION OF PERRY STREET. 
 
 CHAP. 40.] 
 
 199 
 
 Noel, and to tlie northern line of Block No. 1, of McIn- 
 tosh’s addition to the city of Davenport. 
 
 Sec. 2. Said street, in all portions thereof heretofore Width - 
 established, that shall be less than eighty (80) feet in 
 width, is hereby widened and established at eighty (80) 
 feet in width, and the width of that portion of said 
 street which is, by this ordinance, extended and con- 
 tinued, shall be of the same width. 
 
 Sec. 3. The east and west boundaries of that portion 
 of said Perry street, extended and widened, shall be 
 formed by continuing in a straight line north the east 
 and west lines of said Perry street, from the south side 
 of Seventh street to the contemplated north terminus 
 of said street, to-wit : the south line of said road in said 
 first section mentioned ; and it shall be the duty of the 
 City Engineer of said city, forthwith to survey said Surve y- 
 Perry street as herein provided for the widening and 
 extending the same, and to make a proper plat of such 
 survey, showing the names of the parties owning the 
 land proposed to be taken, when known, and also a 
 description of the lots and lands by numbers, and re- 
 turn such plat to the Mayor of said city. 
 
 [Sec. 4 relates to mode of assessing damages, and is 
 not herewith printed — the mode of assessment having 
 been changed by the subsequent amendment (Jan. 23, 
 
 1857,) of the city charter.] 
 
 Sec. 5. The Street Commissioner of said city shall openirg. 
 thereupon cause said street to be improved and worked 
 as other streets are worked and improved, and all the 
 laws and ordinances of said city, shall thereafter extend 
 over and apply to said street, whenever the same shail 
 be applicable. 
 
 Passed and approved May 23, 1855. 
 
200 
 
 CITY ORDINANCES. 
 
 [CHAP. 41. 
 
 CHAPTER XLI. 
 
 ARTICLE 1. 
 
 AN ORDINANCE relating to Penalties. 
 
 Sfor r penaity Section 1. When any person, by violating any ordi- 
 nance passed, or to be passed, becomes liable to the 
 penalty imposed, and when the same is not in the na- 
 ture of a criminal proceeding, it is hereby made the 
 dnty of the Marshal to institute suit against him before 
 the Mayor or Police Magistrate, in an action of debt for 
 the amount of the penalty, in the name of the city of 
 Davenport. 
 
 imprisonment, g E0# 2. When judgment is rendered against the 
 defendant, and he fails or refuses to pay said judgment 
 and costs, upon demand made by the Marshal, and the 
 same can not be collected of said defendant, the Mar- 
 shal, by order of the Mayor, shall then confine him in 
 county jail for the space of two days for every dollar of 
 of such judgment and costs, provided that the City 
 Council may remit all or any portion of such judgment 
 and costs, or all or any portion of the time of imprison- 
 ment for the same.* 
 
 Duty of officers. g E c. 3, It is hereby made the duty of every officer 
 of the city to notify the Marshal of every violation of 
 the ordinances that comes to his knowledge. 
 
 Payment into Sec. 4. The May or, Marshal and Police Magistrate 
 shall pay into the treasury of said city, all penalties and 
 other moneys when collected, and take the Treasurer’s 
 receipt therefor and file the same with the Clerk of said 
 corporation, to be by him charged in the account with 
 the Treasurer. He shall also file with the Clerk all re- 
 ceipts given him by the Treasurer, and take the receipt 
 of the Clerk, which shall be his voucher. 
 
 interference Sec. 5 . If anv person interferes with the Mayor of 
 
 with officers _ . . i i ° k,. nr i i t N 
 
 punished. the city, with the City Marshal, or any police officer, or 
 
 *This section is warranted. Section 3, Art. 8, of the City Charter, and see also 
 Art. 5, Sec. 2, latter part. 
 
CHAPS. 41, 4?.] IMPRISONMENT. -NUISANCES, &C. 
 
 201 
 
 any person authorized and required to enforce the laws 
 of this city, to prevent, hinder or delay said officer or 
 person in execution of the duties requried of them by 
 any of the ordinances of this city, such person shall he 
 deemed guilty of misdemeanor, and on conviction, shall 
 pay a line of not less than $10 nor more than $100 with 
 costs, or imprisonment in the county jail or city prison 
 not exceeding thirty days. 
 
 Passed and approved June 11, 1812. 
 
 [Amended so as to read as above printed August 10, 1865.] 
 
 ARTICLE 2. 
 
 AN ORDINANCE to regulate the time of imprison- 
 ment. 
 
 Section 1 . Wherever, in any of the ordinances of the Limit to im- 
 
 . i • i p . prisonment. 
 
 city of Davenport the punishment for violating the 
 same is more than thirty days imprisonment, said ordi- 
 nances shall and are hereby altered by striking out said 
 time of imprisonment exceeding thirty days, and insert- 
 ing in its place the words “imprisonment not exceeding 
 thirty days.” 
 
 Passed and approved March 14, A.D. 18G6. 
 
 Note.— As to misdemeanors, see Chap. 38 and notes. 
 
 CHAPTER XLII. 
 
 ARTICLE 1. 
 
 AN ORDINANCE providing for the abatement and 
 removal of nuisances , and to keep the streets , lanes, 
 alleys , commons and landing of the city of Davenport 
 open and in repair , and to regulate the use of side- 
 walks. 
 
 Section 1 . If any person shall hereafter erect, or cellar doors, 
 cause to be erected in any street, lane, public alley, or Sdewaik^ eet ° r 
 on the landing in said city, any step, cellar door, or 
 
CITY ORDINANCES. 
 
 [CHAP. 42. 
 
 Horse shoeing 
 on street. 
 
 Awnings / &c. 
 
 Open cellar- 
 ways. 
 
 Digging up 
 streets. 
 
 202 
 
 cellar-way, more than four feet from the line of the 
 street into the sidewalk or street, or more than three 
 feet from the line of any alley into the same, and if any 
 person shall hereafter erect any porch, hulk, jut window 
 or other incumbrance, or shall so place, or cause to be 
 placed, any spout or gutters whereby the passage of 
 any street or alley, as aforesaid, shall be obstructed, 
 every person so offending, on conviction thereof, shall, 
 for every offense, pay a fine of not exceeding twenty 
 dollars, and shall immediately cause such nuisance to be 
 removed.* 
 
 Sec. 2. No blacksmith, or other person, shall cause 
 any horse, mare or gelding, to stand in the streets, lanes, 
 or alleys, as aforesaid, while he is shoeing or preparing 
 to shoe the same. 
 
 Sec. 3. No person shall hereafter place any post, 
 rail, or other obstruction in any of the streets, levees or 
 alleys aforesaid, for the purpose of fastening thereunto 
 any awning, or erect any shed, or awning of boards into 
 or over any part of any of the streets, lanes or alleys 
 aforesaid, or drop any awning nearer to the top of the 
 curb stone than seven feet, nor suffer the same to con- 
 tinue, so as to incommode the citizens, or to obstruct 
 the view from the sidewalk into or across the street. 
 
 Sec. 4. No person owning or occupying any cellar, 
 the door of which may be in any street, lane, or public 
 alley in said city, shall cause or allow such cellar door 
 to be kept or remain open during any time between 
 twilight in the evening and daylight in the morning, 
 without, at the same time, having a light in such cellar- 
 way.f 
 
 Sec. 5. No person, except such as may be under the 
 superintendance of the Street Commissioner, or some 
 other proper officer of the city, shall dig, or in any 
 manner break up any of the streets, sidewalks, lanes, 
 alleys, public grounds, or commons of said city, or shall 
 
 * Amended September 17, 1S66. (Sec Art. 2 of this chapter.) 
 tThis section repealed September 17, 1SC0. (See Aid. 2.) 
 
CHAP. 42.] 
 
 NUISANCES, &C. 
 
 203 
 
 raise or break up any part of any of the pavements or 
 curb stones therein, for any purpose, without previously 
 having obtained permission to do so from the City 
 Council. 
 
 Sec. 6. When any person shall be about to erect, or SafSstreet! 6 ’ 
 repair any house or building, and shall wish to occupy f 9 ee ante ’ pp * 7S ' 
 a part of the street by placing a lime house and mate- 
 rials for building therein, such person shall apply to the 
 City Marshal, who shall allot such part of the street as 
 may be proper and necessary for such a purpose, and 
 grant a permit, to continue in force for such time as 
 shall be reasonable and necessary, which permission 
 shall be in writing, and shall describe the space to be 
 used, and the Marshal, on granting such permission, 
 shall include therein such conditions as a due regard to 
 the convenience of the citizens may require, and if any 
 person, having permission as aforesaid, shall in any 
 respect violate the conditions thereof, or any of them, 
 or permit any such violation, such permit shall be null 
 and void, and he shall also be deemed to have violated 
 a provision of this ordinance. 
 
 Sec. 7. It shall be the duty of every person engaged. Excavations to 
 
 _ , „ J & & ? be protected. 
 
 and the employer oi every person engaged m excavat- See anie i p. 79. 
 ing the earth in any of the streets, lanes or alleys, or 
 in any other open or exposed portion of the city of 
 Davenport, where the same shall occur from the exca- 
 vation of cellars upon individual property, or otherwise, 
 to have the sides of the excavation or embankment 
 made, protected without delay, by suitable barriers, 
 against accidents or injuries to persons or animals pass- 
 ing near the same ; and no person, or persons, shall dig, 
 sink, or place any hole, pit or sink, whether the same 
 be covered or otherwise, in any street, lane, alley, or 
 public square, or public grounds, within the limits of 
 this city. 
 
 Sec. 8. Ho person shall cast or lay, or cause to be Rubbish, & c ., 
 cast or laid, any shavings, ashes, mud, dung, or any on8tleets - 
 other filth or annoyance, on any pavement, or in any 
 
[CHAP. 42. 
 
 Foul dis- 
 charges. 
 
 Soap-boilers, 
 chandlers, &c\ 
 
 Marshal’s 
 power and duty. 
 
 2Q4 CITY ORDINANCES. 
 
 of the streets, lanes or alleys aforesaid, or shall cast, or 
 let fall from any cart, wagon or other carriage, any rub- 
 bish, dirt, or earth, in any street, lane or alley aforesaid, 
 or any part of the public common, save only in such 
 parts and places as shall be appointed or permitted by 
 the Street Commissioner. 
 
 Sec. 9. No persons within the corporate limits, by 
 themselves, their agents, journeymen or servants, shall 
 discharge out of, or from any still-liouse, work-shop, or 
 other building, foul and nauseous liquor of any kind 
 whatsoever, into or upon any adjacent grounds, or in 
 any well, vault or sink, or into any of the streets, lanes 
 or alleys of said city ; nor shall any soap boiler or taL 
 low chandler keep, collect or use, or cause to be kept, 
 collected or used, within the limits aforesaid, any stale, 
 putrid, or stinking fat, greese, or other matter; nor 
 shall any person, or persons, cast or lay any dead horse, 
 or dead carcass of cattle, sheep, hog, dog, or cat, or any 
 excrement, or filth from vaults, privies or necessary 
 houses, and leave such carcass, carrion or filth within 
 the limits aforesaid, without burying the same a suf- 
 ficient depth in the ground in some proper place with- 
 out the limits of the inhabitable portion of said city. 
 
 Sec. 10. No person shall cast or leave exposed in 
 any street, lane, alley, or lot, common, sewer, gutter, or 
 sluice-way, in this city, the dead carcass of any animal 
 or any putrid or unsound beef, pork, fish, house dirt, 
 ashes, offal, filth, rubbish, waste matter of any kind, or 
 other putrid or unsound substance, or make use of, keep 
 or furnish in his, her, or their dwelling house, shop, 
 store, factory, or house, cellar, yard, lot, or any other 
 place within said city, any noisome or offensive liquor 
 or substance, prejudicial to the health of the citizens, 
 or any annoyance to the neighborhood.* 
 
 Sec. 11. The Marshal of said city shall, and may 
 from time to time, enter into and examine, between 
 
 * Amended March 14, 1S66, to read as above printed. See, further, ante, Chaps. 
 29, and 44. 
 
CHAP. 42.1 
 
 NUISANCES, &C. 
 
 205 
 
 sunrise and sunset, any building, cellar, lot or ground, 
 vault, or privy, wliicli he may know or believe to be 
 foul, or damp, or otherwise prejudicial to the public 
 health, and he may direct the cleansing, altering or 
 amending the same, or the removal of all nuisances in 
 and about the premises ; and no person shall resist or 
 obstruct said officer in so doing, or shall neglect or refuse 
 to remove any such nuisance when so directed. 
 
 Sec. 12. No driver, owner, or person having: charge carts, &c., not 
 
 1 1 ° to obstruct 
 
 of any cart, dray, wagon, stage, or other vehicle, new 8treet - 
 or old, furnished or unfurnished, shall suffer the same 
 to be, and remain in any street, lane, alley or common 
 within said city, in such a situation to interrupt the con- 
 venient passage of the same, or to incommode the 
 owner or occupant of any building ; nor shall any per- 
 son stop any cart, dray, wagon, stage, or other vehicle, 
 so as to interrupt the crossing at the intersection of any 
 street, lane or alley, and who shall not immediately 
 remove the same on request being made, or shall be 
 absent from such cart, dray, wagon, stage, or other ve- 
 hicle, if a horse or other beast shall be attached thereto, 
 so that such request cannot be made. 
 
 Sec. 13. Every person riding, driving, or having Dangerous 
 charge of any horse or other animal, shall have his 
 beast so secured as to hinder and restrain him from 
 running, galloping, or going at immoderate rates ; and 
 no person shall ride or drive any beast, or beasts, in the 
 streets, lanes, alleys, or public grounds, at such im- 
 moderate rates as to endanger any person standing or 
 walking in the same. 
 
 Sec. Id. No person shall saw or cut any lire wood, on Us e of side- 
 any brick pavement or foot-way, or any street aforesaid, walks rcgulated 
 or shall set or place, or shall cause to be set or placed, 
 any goods, wares, or merchandise, or other articles, by 
 way of exposing the same for sale, or otherwise, on or 
 over any of the brick or stone pavements, or foot-ways, 
 or in any porch, or on any cellar-door, or suspend any 
 goods, wares or merchandise, or other article, from any 
 
CITY ORDINANCES. 
 
 [CHAP. 42. 
 
 Stagnant water 
 
 206 
 
 house or store, by way of exposing the same for sale or 
 otherwise, so that any such goods, wares, or merchan- 
 dise, or other article, shall extend or project into or 
 over the street sidewalk more than four feet from 
 the line of the street, or more than four feet high from 
 the top of the pavement or sidewalk, so that the same 
 shall project into or over the street or sidewalk more 
 than eighteen inches from the wall or front of any such 
 house or store. 
 
 Provided , that this section shall not be construed in 
 such a manner as to prohibit merchants and others en- 
 gaged in trade, from the free use of the streets and 
 sidewalks, in common with others, in conveying mer- 
 chandise and other property to and from their stores 
 while engaged in receiving or delivering goods, nor to 
 prevent any person from unloading any firewood, or 
 other article proper to be placed on the street, or con- 
 veying the same across the sidewalk to and from his 
 own lot of tenement, but no merchant, or person, shall 
 abuse this privilege by placing, or permitting, or suffer- 
 ing any article to be placed or left remaining on any 
 sidewalk, or any street in front of his, her, or their 
 store or dwelling, more than four feet from the line of 
 the street, so as to incommode others, or shall neglect, 
 or refuse, on request of any neighbor, or upon the re- 
 quest or order of either the Mayor, Marshal, or any of 
 the Aldermen of said city, to cause any article placed 
 on the sidewalk, more than four feet from the line of 
 the street, or in front of his or their premises, to be 
 immediately removed and kept out of the way so as not 
 to incommode others. 
 
 Sec. 15 . All grounds within the city, where water 
 shall at any time become stagnant, shall be raised, filled 
 up, or drained ; and it is hereby made the duty of the 
 Marshal or Street Commissioner of said city, when 
 directed by the City Council, to give a written or 
 printed notice to the proprietor or proprietors, or to his, 
 her, or their agent, if residents of said city, and to non- 
 resident proprietors, who have no agents therein, by 
 
CHAP. 42.] 
 
 NUISANCES, &C. 
 
 207 
 
 publication in one of the newspapers printed in said 
 city, one week, of all, or any ground, subject, at any 
 time, to be covered with stagnant water, to fill up, raise 
 or drain such grounds at his, her, or their expense, and 
 to such height, and in such manner as may be design 
 nated by the City Council, which shall be so done 
 within twenty days after the service of such notice, or 
 the expiration of the time limited for the publication 
 aforesaid. 
 
 Sec. 16. If such proprietor, or proprietors, or his, o^drSnf fin up 
 her, or their agent, shall refuse or neglect to fill up or 
 drain such grounds in such manner, and within the 
 time limited for the doing thereof, as aforesaid, the 
 Marshal or Street Commissioner of said city shall do 
 the same at the expense of the city, and report the 
 amount thereof, with all costs arising thereon, to the 
 City Council, which they shall assess, together with 
 twenty-five per cent, penalty on the sum (provided that 
 such penalty does not exceed twenty dollars) on the lot 
 or lots of ground so filled up, raised, or drained, and 
 the Clerk of said city shall place a duplicate of the 
 assessment so made in the hands of the Marshal, who 
 shall proceed to collect the same by sale of such lot or 
 lots, if not otherwise paid, in the same manner with the 
 same powers, and under the same regulations, and a 
 deed shall be made therefor to the purchaser, subject to 
 the same right to redemption by the proprietor, his 
 heirs or assigns, as the law prescribes for the sale of 
 city property for the non-payment of corporation taxes. 
 
 The assessment to be made out by the Clerk as afore- 
 said, shall be made out and delivered within twenty 
 days after the same has been levied by the City Council, 
 and he shall annex to, or accompany said assessment 
 with a warrant, to be signed by the Mayor and Clerk, for 
 the collection of the amount so assessed, which shall be 
 sealed with the common seal of said corporation. 
 
 Sec. 17. Any person violating any provision of the penalty, 
 foregoing ordinance, (and where the penalty is not set 
 forth in the same section,) shall, on conviction thereof, 
 
CITY ORDINANCES. 
 
 [CHAP. 42. 
 
 State law 
 adopted. 
 
 Marshal’s duty 
 to abate. 
 
 Creator of nui- 
 sances liable. 
 
 208 
 
 be punished by a line of not less than live nor more 
 than one hundred dollars, or imprisonment in the 
 county jail or city prison, not exceeding thirty days, at 
 the discretion of the officer trying the case.* 
 
 Sec. 18. In all cases where no provision is herein 
 made, defining what are nuisances, and how the same 
 may be removed, abated or prevented, in addition to 
 what may be declared such herein, those offenses which 
 are known to the common law of the land, and the 
 statutes of Iowa as nuisances, may, in case the same 
 exist within the city limits, be treated as such, and pro- 
 ceeded against as is in this ordinance provided, or by 
 any other law which shall give the officer trying the 
 same jurisdiction. 
 
 Sec. 19. When any nuisance exists, such as is con- 
 templated in this ordinance, it shall be the duty of the 
 Marshal, when apprized of the same by the Mayor or 
 any Alderman of said city, forthwith to cause the same 
 to be removed, abated, or its further existence or spread 
 prevented, and when this ordinance does not define how 
 the same shall be prevented or removed, the same shall 
 be done by the Marshal at the expense of the person 
 placing the same in the city, or suffering the same to exist 
 on or about their premises, at his, her or their instance, 
 and for all abating and removing under this, or by virtue 
 of any other law or ordinance of the Council hereafter 
 passed, by the proper officer or under his instruction, the 
 person or persons whose duty it should have been to re- 
 move or abate the same, shall pay all reasonable costs 
 and charges for the same, together with twenty per 
 cent, added thereto, as a compensation to the proper 
 officer for removing the same, and on neglect or refusal 
 to pay the same, such person or persons shall be liable 
 to a fine of not less than double the amount of such 
 costs and charges, and costs of suit, to be recovered be- 
 fore the Mayor of said city as other fines are recovered, 
 
 * Amended April 11, 1S66, and March 14, 1866, to read as above printed. 
 
NUISANCES, &C. 
 
 CHAP. 42.] 
 
 209 
 
 and lie, she, or they may stand committed before the 
 Mayor until such fine and costs are paid. 
 
 Sec. 20. When the Marshal shall notify any person Mayo?. 1 to 
 or persons that a nuisance exists in, or about, or on his, 
 her, or their premises, that he, she, or they, are re- 
 quired to remove, abate, or prevent, such person or per- 
 sons may have the same inquired into, whether they 
 are liable to remove, abate, or prevent said nuisance by 
 forthwith notifying the Marshal, or the agent, of the 
 fact, and giving notice to the Mayor of said city within 
 six hours, that he, she, or they, are not liable to comply 
 with the order of the Marshal, or his agent, and that 
 he, she, or they desire that the same be inquired into. 
 
 Said notice to said Mayor shall be in writing, and 
 signed by the party denying that it is his, her, or their 
 duty to remove, abate, or prevent said nuisance. 
 
 Sec. 21. It shall be the duty of the said Mayor, on Mayor’s action, 
 his receiving the notice in the last section, forthwith to 
 enquire into the same, to take testimony in the matter, 
 and determine the same on the very right of the case, 
 as is in this ordinance required, or as the laws of the 
 land may require. And in case said Mayor shall find 
 that it is the duty of such person or persons requiring 
 such enquiry to be made, to remove, abate, or prevent 
 such nuisance, to enter a fine of not more than one 
 hundred dollars and costs of suit against such persons, 
 and also an order to the Marshal, to forthwith remove, 
 abate, or prevent such nuisance, and such person or 
 persons shall pay double the amount of the costs and 
 charges for such abatement, removal and preventing, as 
 is provided in Section 20 of this ordinance, and to be 
 recovered in like manner. 
 
 Passed and approved November 30, 1848, and Mav 
 15, 1855. 
 
 [Note.— F urther as to nuisances sec “ Index”— Health of City.] 
 
 27 
 
210 
 
 CITY ORDINANCES. 
 
 [CHAP. 42. 
 
 ARTICLE 2. 
 
 AN ORDINANCE to amend Chapter 42 of the Re- 
 vised Ordinances of 1862. 
 
 No part of side- 
 walk, &c., to be 
 used to get ac- 
 cess to second 
 story. 
 
 Same as to cel- 
 lar ways, &e. 
 
 Cellar doors to 
 be level with 
 walk and kept 
 shut. 
 
 Openings in 
 sidewalk. 
 
 Steps to first 
 floor. 
 
 All of sidewalk 
 to be kept clear. 
 
 Section 1. Section one (1) of Chapter 42 of the 
 Revised Ordinances shall not he construed to authorize 
 the use of any part of any street, sidewalk or alley, for 
 the erection of stairs, steps, or other mode of access to 
 the second stories of buildings. 
 
 Nor shall said Section one (1) be construed to au- 
 thorize the enclosing by rail or otherwise of any por- 
 tion of any sidewalk, street, or alley, or the erection 
 of any railing upon any sidewalk, street, or alley, as a 
 means of obtaining access or a passage way to the cellar 
 or basements by occupying part of the sidewalk for that 
 purpose ; but such railings already existing while not 
 hereby legalized shall not be abated unless upon the 
 special direction of the City Council. 
 
 The frames of cellar doors and cellar ways built un- 
 der Section one (1) of the aforesaid ordinance shall not 
 be built above the level of the sidewalk, and said cellar 
 ways shall be kept by the owner or occupant, or both, 
 securely covered with a door or doors which shall re- 
 main closed at all times except when actually used to 
 put goods or merchandise into the cellar or basement. 
 And all openings in the sidewalk for lighting and ven- 
 tilating cellars or basements shall be placed on a level 
 with the sidewalk and securely made. 
 
 Sec. 2. And no steps from the sidewalk to the first 
 floor of any building shall hereafter be erected upon 
 any part of the sidewalk above the level of the same. 
 
 Sec. 3. And no porch, bulk or jut window, or any 
 other incumbrance or erection, shall be erected or 
 placed so as to occupy any part of the sidewalk above 
 the level thereof. 
 
 Sec. 4. Section 4 of said Chapter 42 is hereby re- 
 pealed. 
 
 Passed and approved September 17, 1866. 
 
 Repeal. 
 
CHAP. 43.] 
 
 POLICE DEPARTMENT. 
 
 211 
 
 CHAPTER XLI1I. 
 
 AN ACT establishing and regulating the Police De- 
 partment of the city of Davenport. 
 
 Section 1. Tliat there be and hereby is established a Police depart 
 
 r menfc estab- 
 
 Police Department for the city of Davenport, which liehcd, &c 
 shall consist of one Chief of Police, one or more lieu- 
 tenants of police, and such other policemen as shall 
 from time to time be appointed by the Mayor, by and 
 with the consent of the City Council, who shall act and 
 be known as police officers of said city. 
 
 Sec. 2. The Mayor shall be the head of the Police Mayor the head 
 
 d . _ _ . thereof. 
 
 Department, and shall superintend and direct the police 
 generally, and from time to time give such directions 
 as he may deem proper and necessary for the preserva- 
 tion of the peace and good order, and the enforcing of 
 the laws and ordinances of said city. 
 
 Sec. 3. It shall be the duty of the Chief of Police Dytiea of chief 
 
 d of police de- 
 
 to cause the public peace to be preserved, and to see fined » &c - 
 that all the laws and ordinances are enforced ; and 
 whenever any violation thereof shall come to his knowl- 
 edge, or be reported to him, he shall cause the requisite 
 complaint to be made, and see that the evidence is pro- 
 cured for the successful prosecution of the offender or 
 offenders. He and his subordinates shall obey all such 
 police rules as may be established for the regulation of 
 the police department ; and shall, (in subordination to 
 the Mayor,) in case of riot, tumult, insurrection, or 
 threatening thereof, take command in person of the 
 police officers and direct their movements and opera- 
 tions in discharge of their duties. He shall keep a 
 record and make to the City Council monthly reports of 
 the affairs and operations of the police department in 
 conformity with the requirements of the police rules. 
 
 He shall be responsible for the efficiency, general con- 
 duct and good order of his department, and shall 
 promptly report to the Mayor, in writing, all complaints 
 made to him, or in any way coming to his knowledge, 
 
CITY ORDINANCES. 
 
 [CHAP. 43. 
 
 Appointment 
 and compenea 
 lion . 
 
 Power to ar- 
 rest, &c. 
 
 Arrest and s 
 sequent pro- 
 ceedings. 
 
 Fees. 
 
 Rules may be 
 established. 
 
 212 
 
 prejudicial to the honesty, sobriety and faithfulness of 
 any of his subordinates. 
 
 Sec. 4 . The Chief of Police and Lieutenants of Po- 
 lice shall be appointed by, and removed at the pleasure 
 of the Mayor, by and with the ratification and consent 
 of the City Council, and they and the several policemen 
 shall receive such compensation as is now, or hereafter 
 shall be fixed by the City Council. And no member of 
 the police department shall serve any civil process or 
 do any other business or service that will interfere with 
 his duties as policeman. Each member of the police 
 department shall have power to arrest all persons in the 
 city found in the act of violating any law or ordinance, 
 or aiding or abetting in any such violation, or any per- 
 son whom the officer has reasonable grounds for believ- 
 ' ing has committed a public offense, and who is likely to 
 escape before a complaint can be filed and a warrant 
 can be issued for his or her arrest, and take all such 
 persons so arrested to the office of the Police Magistrate 
 for trial, if in the daytime, and if an arrest is made in 
 the night time, the officer shall detain such person or 
 persons in such place as is provided for the imprison- 
 ment of offenders against the city ordinances, until the 
 next morning, then to be taken before the Police Mag- 
 istrate for trial. They shall have power and authority 
 in the city to serve and execute warrants and other pro- 
 cesses for the apprehension and commitment of persons 
 charged with, held for examination or trial, or taken in 
 execution for, the commission of crime or misdemeanor, 
 or the violation of any law or ordinance of the city, in 
 same manner as constable by the laws of this State. 
 
 Sec. 5 . The fees for the services of process and for 
 making arrests, by any member of the Police Depart- 
 ment, shall be the same as allowed to constables of 
 towns for services in like cases. 
 
 Sec. 6 . The Mayor, with the concurrence of the 
 City Council, is hereby authorized and required to make 
 and establish such rules, by-laws and regulations, (to 
 be styled police rules,) not inconsistent with the city 
 
CHAP. 43.] 
 
 POLICE DEPARTMENT. 
 
 213 
 
 ordinances, lor the government and control of the mem- 
 bers of the Police Department, as may be deemed ex- 
 pedient and proper to carry ont the objects of this ordi- 
 nance. The police rules may prescribe the duties of 
 the officers and policemen more specifically than is herein 
 contained, and may provide such penalties and forfeit- 
 ures for neglect of duty, or improper conduct, such as 
 suspension from pay, fine and reprimand, as may be 
 deemed necessary and expedient for the proper regula- 
 tion of the different members of the Police Department, 
 which rules shall be in writing or printed, signed by 
 the Mayor or Clerk, and be binding on all the officers 
 connected with the department, after notice thereof. 
 
 A written or printed copy of such rules shall be deliv- 
 ered to each police officer, and copies shall be posted 
 conspicuously in the police office and Police Magis- 
 trate’s office. 
 
 Sec. 7. Any police officer who shall neglect or re- official neglect, 
 fuse to perform any duty required of them by the ordi- 
 nances of this city, or the “ police rules,” or who shall, 
 in the discharge of his official duties, be guilty of any 
 frauds, extortion, oppression, favoritism, partiality, bri- 
 bery, or willful wrong or injustice, shall forfeit and pay 
 a penalty not exceeding one hundred dollars and costs Penalty 
 of prosecution. 
 
 Sec. 8 . Whoever shall unlawfully resist any police Resistance to 
 officer in the discharge of his duties shall be deemed 
 guilty of a misdemeanor ; and any person wilfully re- 
 fusing to assist a police officer in making an arrest 
 when called upon so to do shall be guilty of a misde- 
 meanor. 
 
 Sec. 9. All ordinances and parts of ordinances in 
 conflict with this ordinance are hereby repealed. 
 
 Passed and approved September 25, 1866. 
 
 [Note.— Compensation of Police Force.— The committee on ordinances re- 
 ported the following resolution on a resolution to bring in an ordinance to regu- 
 late the police force: 
 
 Resolved , That the police force shall consist of five watchmen, whose salary 
 shall be $1.50 for a service of twelve hours duty. (Adopted March 14, 1866.) 
 
 Charter gives Council power to regulate police force. See ante, pp. 40, 75, 84. 
 
214 
 
 CITY ORDINANCES. 
 
 [CHAP. 44. 
 
 Privies— depth. 
 
 Walled . 
 
 Two feet from 
 line. 
 
 Depth. 
 
 Cleaning. 
 
 Penalty. 
 
 CHAPTER XLIY. 
 
 ARTICLE 1. 
 
 AN ORDINANCE regulating the construction of 
 privies in the city of Davenport. 
 
 Section 1. All privy vaults hereafter constructed 
 shall not he less than six (6) feet in depth, from the 
 surface of the ground, except such localities where water 
 might be reached before obtaining the depth of six (6) 
 feet, and then, in such cases, a less depth, (to be indi- 
 cated by the approach of water,) shall be sufficient. 
 
 Sec. 2. Every privy hereafter built, shall be walled 
 with 2-inch plank, stone or brick, and no privy shall be 
 built unless upon a vault as above described. If the 
 vault is sunk more than six feet it must be walled with 
 stone or brick. 
 
 Sec. 3. Ho privy shall be built nearer the line of the 
 lot upon which it stands than two feet, unless by the 
 consent of owner of the adjoining lot. 
 
 Sec. 4. This ordinance shall not be so construed as 
 to prevent the construction of privy vaults of a less 
 depth than six feet ; Providing they be walled with 
 stone or brick, and so built as to enable them to be eas- 
 ily cleaned and cleansed ; and all such vaults shall be 
 thoroughly cleaned and cleansed once in each month, 
 from the first day of April to the first day of October 
 in each year. 
 
 Sec. 5. Any person violating the provisions of this 
 ordinance shall be fined not more than fifty dollars for 
 each offense, to be collected in the name and for the use 
 of the city. 
 
 Passed and approved Aug. 5, 1854. Amended Sept, 
 25, 1866. 
 
 ARTICLE 2. 
 
 AN ORDINANCE regulating the cleaning and cleans- 
 ing of privies. 
 
 Sec. 1 . All privies, any part of the contents of which 
 
CHAPS. 44 , 45 .] SHADE AND ORNAMENTAL TREES. ^15 
 
 are above the surface, or within two feet of the surface ^ g hen nuisan ' 
 
 of the earth, and all other privies that are foul, emitting 
 
 smells and odors prejudicial to the public health, are 
 
 hereby declared nuisances ; and the Marshal or Board rower to abate. 
 
 of Health, or any health officer, or Health Inspector, 
 
 shall have power to abate the same. 
 
 Such officer shall give written notice to the owner or Noticetoownel . 
 occupant to cl ease the. same, or disinfect, or to remove or 0CCU P ant - 
 the contents from the city, as the case may require, 
 specifying in a general way what is to be done, and re- 
 quiring it to be done forthwith. If the orders are not 
 complied with in twelve hours, the said officer shall pro- 
 ceed to put the privy in order, keep an account of the 
 expenses, for three times the amount of which the own- 
 er, or landlord, or tenant, or occupant shall be liable in Pena]ty> 
 an action by the city, and shall also be liable to be 
 prosecuted for a misdemeanor against the ordinances of 
 the city. 
 
 And said suit and prosecution may be against the who liable, 
 owner, agent or landlord, or lessee, or occupant, or 
 against either or all. 
 
 But when practicable the Marshal, or other officer, W ho notified, 
 shall notify the owner, or other agent and landlord, as 
 well as the lessee or occupant ; but it is no defense to 
 a party who has been notified that some of the other 
 parties have not been notified. 
 
 Passed and approved September 17, 1866. 
 
 CHAPTER XLY. 
 
 ARTICLE 1. 
 
 AN ORDINANCE for the protection of shade and 
 ornamental trees in the city of Davenport. 
 
 Section 1. Ho person shall injure or destroy any Sha de trees, 
 shade or ornamental tree that now is or hereafter may 
 be planted in the streets or public squares of the city of 
 Davenport. 
 
CITY ORDINANCES. 
 
 [CHAP. 45. 
 
 Same. 
 
 Trees liable to 
 do injury to be 
 removed or 
 made secure. 
 
 Penalty. 
 
 216 
 
 Sec. 2. No person shall tie or fasten any horse, or 
 any other animal, to any shade tree, or ornamental 
 tree planted, or that may be planted in the streets and 
 public squares of said city, or to any boxing which may 
 be placed around them to protect from injury, or pull 
 down, cut, or destroy such boxing, or other protection, 
 and every person who shall violate any provision of 
 this ordinance, shall, upon conviction thereof, pay a line 
 of not exceeding twenty dollars for each olfense, and 
 shall also be liable for all damages to the party injured. 
 
 Passed and approved June 11, 1842. 
 
 ARTICLE 2. 
 
 AN ORDINANCE relating to shade and ornamental 
 trees , and other trees. 
 
 Section 1. If the City Marshal, or the Mayor, shall 
 deem any shade or ornamental or other tree, situated 
 upon any street or sidewalk, or in any yard near to the 
 sidewalk or street, to be in a dangerous and insecure 
 condition, liable to fall and injure persons upon the 
 street or sidewalk, such officer shall serve a notice upon 
 the owner, if known and within the city, or if not, then 
 upon the occupant of the lot, to cut down said tree 
 or make it safe and secure ; if this notice is not com- 
 plied with within twenty-four hours, the Marshal or 
 Mayor shall cut down or remove said tree, and the 
 owner or party who should have cut down or removed 
 it, shall be liable for three times the amount of the ex- 
 penses, to be recovered in an action by the city of 
 Davenport. 
 
 Passed and approved September 19, 1866. 
 
 Note.— See Chap. 105, which prohibits injury to tree boxes and regulates post- 
 ing bills thereon. 
 
 As to power of city to pass ordinances of this character, see ante , p. 7S. 
 
CHAP. 46.1 
 
 TIE AND CONTESTED VOTES. 
 
 217 
 
 CHAPTER XLYI. 
 
 AN ORDINANCE to determine tie votes and con- 
 tested elections. 
 
 Section 1. Whenever two or more persons receive Tie Election 
 an equal and the highest number of votes for Mayor, 
 Alderman, or any other elective municipal office, the 
 Clerk shall issue a notice to such persons of such tie clerk’s duty 
 vote, and require them to appear at the next special, 
 or adjourned, or regular meeting of the Council to he 
 held after the service of such notice, to determine by 
 lot which of them is elected. 
 
 Sec. 2. The lot shall be arranged by the Mayor, or Lot. 
 acting Mayor, in the presence of the Council, and of 
 the parties, if present. If either, or any of the parties, 
 fail to appear, and take part in the lot, the Mayor, or 
 presiding officer, shall draw for him, and the proceed- 
 ings and results shall be entered upon the journal by 
 the Clerk. 
 
 Sec. 3. The City Council shall be tribunal for the contested 
 
 J __ Elections. 
 
 trial and decision of contested city elections — the Mayor 
 presiding, or if he be the party, then a Mayor pro tern. 
 elected by the Council. Ho officer whose right is being- 
 contested, shall act officially in the determination of the 
 contest. The contestant must file with the Clerk of the contestant’s 
 
 duty. 
 
 city a verified written statement giving notice of his in- 
 tention to contest the election ; the name of the incum- 
 bent, the office contested, the time of election, and the 
 particular causes of contest. He must also file a bond, 
 with sureties, to be approved by the Clerk, conditioned 
 to pay all costs in case the election be confirmed, or the 
 statement be dismissed, or the prosecution fails. 
 
 Sec. 4. When the reception of illegal, or the rejec-same. 
 tion of legal votes is the ground of the contest, the 
 names of the persons who so voted, or whose votes were 
 rejected, with the ward or wards where they so voted 
 or offered to vote, shall be set forth in the statement 
 28 
 
CITY ORDINANCES. 
 
 [CHAP. 46. 
 
 Clerk’s duty. 
 
 Incumbent’s 
 
 duty. 
 
 Evidence. 
 
 Trial. 
 
 State law 
 adopted. 
 
 Costs. 
 
 218 
 
 above provided for. And in all cases the statement 
 must specify with particularity the grounds upon which 
 the contestant relies. 
 
 Sec. 5. The Clerk shall cause a notice of this state- 
 ment to be served upon the incumbent without delay. 
 The incumbent shall, under oath, answer the statement 
 and file the answer with the Clerk, within five days 
 after being served with notice of the contestant’s state- 
 ment. After the time for answering has elapsed, either 
 party may take testimony by deposition, on giving two 
 days notice. The Council may direct all testimony to 
 be taken by , deposition if it sees fit to do so. If it does 
 not, the evidence may be verbal, or by deposition, or 
 both. If a witness, whose testimony has been taken by 
 deposition, is a resident of the city, or can readily be 
 produced, the Council may, if it sees fit, order him to 
 be produced to testify in their presence. Intended ab- 
 sence, or non-residence of the witness, is not necessary 
 in order to entitle a party to take his deposition. Ho 
 ex parte evidence shall be received, except by consent. 
 And the Council shall determine the contest at its next 
 meeting after the statement and answer have been filed, 
 unless good cause for continuance be shown by affidavit 
 stating the facts. Ho adjournment or continuance shall 
 be for a longer time than necessary to give the parties 
 an opportunity for a fair trial ; and the parties may be 
 heard by themselves or by counsel. 
 
 Sec. 6 . All of the provisions of Chapter 37 of the Ke- 
 vision of 1860, for contesting the election of county of- 
 ficers, so far as the same are applicable, and except as 
 herein modified, shall apply to contests held under and 
 by virtue of this ordinance. The result, the vote being 
 taken by ayes and nays, shall be entered upon the rec- 
 ords of the Council. The unsuccessful party is liable 
 for costs of officers and witnesses, and depositions. 
 And for these costs an action lies by the successful 
 party, or the officer, or witness entitled to his fees. In 
 no case shall the city be holden liable for such costs. 
 
CHAP. 47. 1 
 
 SEVENTH STREET. 
 
 219 
 
 Sec. 7. A contestant wlio elects to proceed under 
 this ordinance is debarred from proceeding by manda- 
 mus , quo warranto , or otherwise in the District Court. 
 
 The judgment or decision of the Council concludes both Judgment, 
 parties. This ordinance is not intended to debar a 
 contestant from having his right determined in the Dis- 
 trict Court, by an appropriate action, if he sees fit to 
 proceed in that way. 
 
 Sec. 8. An ordinance providing for tie elections, Re P eaL 
 passed August, 1, 1852, is hereby repealed. 
 
 Passed and approved September 19, 1866. 
 
 [Note.— Whether under the charter (Art. 2, Secs. 4 and 5 ; Art. 3, Sec. 2 ; Art . 
 
 5, Sec. 2) the jurisdiction of the District Court is taken away, is a question which 
 the ordinance does not touch. See Ex parte Heath , 3 Hill (N. Y.), 421, 52 ; 5 id., 
 
 616; The State v. Func/e , 17 Iowa, 365; 22 Barb., 72; Ex parte Strahl , 16 Iowa, 369. 
 
 The above sections of the city charter clearly authorize the'ordinance.] 
 
 CHAPTER XL VII. 
 
 AN ORDINANCE for opening and establishing Sev- 
 enth street , and changing the boundaries thereof \ 
 through a portion of Antoine Le Claire’s Second Ad- 
 dition to the city of Davenport. 
 
 Section 1. That portion of Seventh street, dividing Width, 
 out-lots number sixteen, seventeen, and thirty-two, and 
 blocks number fifty, fifty-one, and fifty-two, is hereby 
 opened and established at sixty-six feet in width, to be 
 calculated from the north side of said blocks. 
 
 Sec. 2. The remainder of said street, as it appears Vacation, 
 on record in the Recorder’s office of Scott county, is 
 hereby vacated. 
 
 Passed and approved January 4, 1854. 
 
220 
 
 CITY ORDINANCES. 
 
 [CHAIV 48. 
 
 Order of Coun- 
 cil. 
 
 Publication of. 
 
 Grade. 
 
 Oxvner to pay, 
 &c. 
 
 If owner neg- 
 lects, Marshal 
 may cause to be 
 done. 
 
 CHAPTER XL VIII. 
 
 AN ORDINANCE relating to sidewalks. 
 
 Section 1 . Whenever it shall become necessary and 
 expedient to pave and grade, plank or gravel the side- 
 walks, on any street, avenue, or alley, or any part 
 thereof, within the limits of said city, the City Council 
 shall pass an order to that effect, which order shall set 
 forth the particular locality where such paving and 
 grading, or graveling, is required to be done, and the 
 time that is allowed for completing the same ; and the 
 publication of such order in one of the newspapers in 
 the city, for one week, shall be deemed a sufficient 
 notice to the owner or holders of lots fronting on any 
 such street, lane, avenue, or alley, where any such 
 paving and grading, planking or graveling, is to be 
 done, as therein specified. 
 
 Sec. 2. All such paving and grading, planking or 
 graveling, shall be in conformity with the grade of the 
 street, lane, avenue, or alley, (unless otherwise pro- 
 vided in the order of the City Council) under the di- 
 rection of the Marshal ; and all expenses of paving, 
 grading, graveling or planking, and preparing of any 
 sidewalk, shall be paid by the owners or holders of lots 
 fronting where such paving, grading, graveling, or re- 
 pairing is to be done. 
 
 Sec. 3. If the owner, or holder, of any lot, or part 
 of lot, shall neglect to grade, gravel, plank, or to pave 
 his sidewalk, in conformity with the order of the City 
 Council, published as aforesaid, the Marshal shall con- 
 tract for the same to be done at the expense of the city, 
 and shall make his report of the expense thereof to the 
 City Council, which, if found to be correct, shall be ap- 
 proved by an order or resolution of the City Council, 
 and shall constitute a charge or assessment upon the 
 respective lots or parts of lots improved, paved, or re- 
 paired, and shall constitute a personal debt or claim 
 
CHAP. 48.] 
 
 SIDEWALKS. 
 
 221 
 
 against tlie person or persons who were owners when 
 the work was ordered by the Council, or when it was 
 done, or when the assessment was made, and it shall 
 also be a lien upon the respective lots in the possession 
 of any owner from the time the work was done. The 
 mode of collecting such assessments shall (if by action) Mode of coiiect- 
 
 ° v J . J ting, &c. 
 
 be the same (as near as may be) as prescribed in the 
 Revision of 1860, sections 1068 and 1069, which are 
 hereby adopted as part of this ordinance. The report 
 of the Marshal to the City Council, and all the facts 
 therein stated, shall be presumed to be correct, and 
 shall (unless shown to be fraudulent or collusive) be 
 sufficient evidence to entitle to a recovery. 
 
 And if it appears to the court that an order for im- B y 6Uit - 
 provement by the City Council was in fact made, that 
 this was published, that the work was not done by the 
 owner or proprietor, but was done by the city or by a 
 contractor for the city, the city or the contractor,' if the 
 suit is by him, must recover ; all other questions, and 
 all omissions and informalities, errors and ^mistakes, 
 going only (if deemed by the court important) to the 
 question of costs.* 
 
 Sec. 4. Upon the Marshal’s report beino; made and If petitioned for 
 
 ° may levy tax. 
 
 approved, as provided m the last section, the City Coun- 
 cil, instead of proceeding to collect the assessment, or 
 charge by action as therein provided, may, if it has 
 been petitioned to do so by the owners of more than 
 on' half of the property to be so taxed, levy a special tax 
 all lots or parts of lots respectively, in front of which the 
 Marshal may have contracted any such grading, gravel- 
 ing, planking or paving, which tax shall be of sufficient 
 amount to cover the expense thereof, together with all 
 costs or expenses therewith, and immediately after such 
 levy, the Marshal shall advertise and sell the same, or so 
 much thereof as may be necessary to pay the expenses 
 
 * Local Improvements— sidewalks, &c.— Mode of Collection.— Estimate of 
 Engineer may stand for assessment, and it is lawful to provide for its collection 
 by precept issued by Mayor and Clerk or other officer of the city. Party injured 
 may appeal or transfer his cause to court. 17 Ind., 169. 
 
Notice of sale, 
 &c. 
 
 Deed of Mar- 
 shal and effeet 
 thereof. 
 
 222 0ITY ORDINANCES. [CHAP. 43. 
 
 and costs of such grading, graveling, planking or pav- 
 ing, and costs of sale. The advertisement and sale to 
 he conducted according to, and governed by the ordi- 
 nances of the city in force at the time of such sale, 
 relating to the city revenue from taxes, and the same 
 rights and terms of redemption shall exist as may be 
 provided for by such ordinances. Provided , however , 
 
 that when any such lot, or part of lot, is wholly, or in 
 part, owned by a minor heir, and the guardian of such 
 minor heir shall, by a petition to the City Council, 
 establish the fact of such minority, and of his authority 
 to act as guardian, and desire to make any special con- 
 tract with said City Council for having any such paving, 
 graveling or grading done, the said City Council are 
 hereby authorized to instruct the Marshal to enter into 
 such contract, and a memorandum of the terms of such 
 contract so authorized to be made, shall be entered 
 upon the journal of the Council, and the further stipu- 
 lation, that if the first payment of any such contract is 
 not punctually made, the City Council shall then pro- 
 ceed to levy a special tax as aforesaid, covering the 
 amount of such contract, interest and costs ; and the 
 same proceedings shall be had as if no such contract had 
 been made. 
 
 Sec. 5. The deed of the Marshal shall be prima fa- 
 cie evidence of the regularity and validity of the sale, 
 and of all previous proeedings, and no deed shall be 
 defeated if it shall appear (and the Marshal’s report is 
 made evidence) that the work was ordered, the notice 
 published, and the work not done by the owner, but 
 done by the city ; Provided , however , that it is the duty 
 of the Marshal (which duty shall be presumed to have 
 been performed unless the contrary is shown) to give 
 personal notice to the owner, if known, or to the occu- 
 pant of the lot, if the same be occupied of the sale at 
 least ten days prior thereto. No informality, omission 
 or defect shall, in any event, defeat the right of the city, 
 or the purchaser to the amount which the improvement 
 
CHAP. 49.] 
 
 HOGS AT LARGE 
 
 223 
 
 cost, with interest and proper costs, the same being 
 hereby declared an equitable lien upon the property. 
 
 Sec. 6 . All the preceeding provisions of this ordi Repairs, 
 nance apply to repairs to sidewalks as well as to the 
 original construction of the same. 
 
 Sec. 7. An ordinance on this subject passed and Repeal, 
 approved December 4, 1852, (saving all rights to the 
 city accrued thereunder,) is hereby repealed. 
 
 Passed and approved September 19th, 1866. 
 
 [Note.— Construction op Sidewalks.— This ordinance assumes that under 
 Art. 5, Sec. 2, of the charter, the power of the city over streets, (which would 
 include sidewalks) would justify an ordinance requiring the owners to build side- 
 walks without a previous petition of more than one-half of the owners, and that 
 for the expense thus incurred an action will lie in behalf of the city. But under 
 Sec. 2 of the amended charter of January 23, 1857, the ordinance assumes such 
 petition to be necessary in order to justify the stringent proceeding of a “ special 
 tax and sale ” of the property. The ordinance as above framed is believed to bo 
 warranted by the organic law of the city. But while this remains to be settled by 
 adjudication, the safer way, when practicable, is for the Council to require the 
 petition of more than half the property owners to be taxed. Such a petition 
 removes all doubt. 
 
 As to the validity of this ordinance, see Paxton v. Trenton , 1 Green (N. J.),19G; 
 cited and approved in Boston v. Shaw, 1 Met., 130, 133. 
 
 As to liability of city for unsafe sidewalks and other subjects, see “Index”— 
 Sidewalks.] 
 
 CHAPTEK XLIX. 
 
 ARTICLE 1. 
 
 AN ORDINANCE to prevent hogs from running at 
 
 large. 
 
 Section 1 . That hogs running at large in the streets Hoge at larg0 
 and other public places in the city of Davenport, be, anS, ed nui8 " 
 and they hereby are declared to be a nnisance. 
 
 Sec. 2. Xo hogs of any description shall be per- ^ot to run at 
 mitted to run at large within the city limits of the city large ‘ 
 of Davenport ; and all hogs or pigs thus found shall be 
 taken lip by the City Marshal and placed in some secure 
 pen or pound, to be by him provided for that purpose. 
 
 Sec. 3. When any hog or hogs, pig or pigs, are thus Taking up and 
 taken up, it shall be the duty of the City Marshal to Bal0 ’ 
 
CITY ORDINANCES. 
 
 [CHAP. 49. 
 
 224 
 
 sell the same at public auction to the highest bidder, 
 for cash, after giving live days notice of the time and 
 place of said sale, by posting, written or printed notices 
 at one of the most public, places in each ward of said 
 city ; Provided , that if the owner, or any person author- 
 ized by him, shall, on or before the time fixed for said 
 sale, pay the costs and charges thus far made, the 
 City Marshal is hereby required to release said hog or 
 hogs, pig or pigs, upon satisfactory proof of ownership. 
 But if the same are not so released they shall be sold in 
 accordance with said notice, and the money arising from 
 said sale, after the expenses of taking up, keeping and 
 selling the same are deducted, shall be paid over to the 
 owner or owners, on their proving to the City Marshal 
 that the property in such hog or hogs, pig or pigs, is in 
 the person or persons claiming to be said owners ; but 
 if no owner appears, the said money, after deducting 
 the costs aforesaid, shall be paid into the city treasury. 
 
 Sec. 4. The fees of the City Marshal under this 
 ordinance shall be the same as those of constables upon 
 the sale of like property under executions ; and the 
 Marshal shall be allowed for keeping said hogs the 
 sum of ten cents for each 24 hours which each of said 
 hog or hogs, pig or pigs, is by him kept by virtue of 
 this ordinance. 
 
 Sec. 5. Any person who shall interfere with any 
 Marshal, or police officer, in this city, to prevent, hin- 
 der or delay such officer in executing his duties under 
 this ordinance, relating to the taking up, impounding, 
 holding or selling said hog or hogs, pig or pigs, or who 
 shall open any gate, or take down any fence or gate, 
 or take down any part of the fence enclosing the pound, 
 shall, on conviction, pay a five of not less than three 
 dollars for each offense. 
 
 Passed and approved June 3, 1863. 
 
 AN ORDINANCE to amend an ordinance to prevent 
 
 hogs from running at large, passed June 3, 1863. 
 
 Sec. 6. If the owner, or his servant, or agent, or if 
 
CHAP. 49.1 
 
 SWINE. 
 
 225 
 
 any other person having control over or charge of any Sy”? oSner^ 1 * 
 hogs, or pigs, or swine, shall let or permit the same to &c * 
 run at large, or shall fail to prevent the same from run- 
 ning at large, contrary to the provisions of this ordi- 
 nance, shall be fined in the sum of five dollars for the 
 first offense and ten dollars for the second ; and the 
 owner, as well as his agent and servant is liable under 
 this ordinance to these penalties for its violation. 
 
 Passed and approved September 2d, 1860. 
 
 [Note.— Impounding— strict compliance.— Marshal must strictly comply with 
 the ordinance or he becomes a trespasser from the beginning. 13 Pick., 384 ; 4 
 id., 258; 21 id., 55; 13 Met., 407; 7 Cush., 355; 9 Pick., 14; 12 Met., 118; 23 Pick.. 
 
 255; 12 Met., 198. 
 
 Rescue. — Owner cannot legally break pound and rescue animals. 5 Pick., 514 ■. 
 
 5 Cush., 267. 
 
 Pound Defined.— 2 Cush., 305. 
 
 Delegating Power to Others.— Marshal cannot delegate his authority to 
 others to impound for him generally and in his absence, but may have assistants 
 to act in concert with him. Jackson v. Morris , 1 Denio, 199. 
 
 Public Pound.— Officer must use the public pound. 1 Rhode I., 219. Under 
 our charter and ordinances the Marshal may use any pen or pound provided by 
 him for that purpose. 1 
 
 ARTICLE 2. 
 
 AN ORDINANCE to prevent swine from being kept 
 in certain 'parts of the city , and to regulate the mode 
 of keeping same in other parts of the city , and for 
 other purposes. 
 
 Section 1. No person shall, after the first day of Nohogstoi.e 
 
 •' kept in certain 
 
 March, 1867, keep any hogs, pigs, or swine of any kind, 
 within the following limits in the city of Davenport, 
 viz : The river on the south, the city boundary on the Limits defined - 
 
 the east ; Third street in East Davenport on the north, 
 extending through to east line of the city, thence south 
 from west end of said Third street to Fulton street ; 
 thence west along said Fulton street and the line of 
 said Fulton street continued west to Farnam street ; 
 thence south along Farnam street to Twelfth street ; 
 thence west along Twelfth street to Eipley street ; 
 south along Eipley street to Eighth street ; west on 
 Eighth street and the line of Eighth street extended 
 west to a point opposite the north end of Fillmore 
 29 
 
Hogs to be coi 
 lined in certai 
 limits. 
 
 Restriction. 
 
 Same, 
 
 Penalty. 
 
 Sale of hogs. 
 
 226 CITY ORDINANCES. [CHAP. 49. 
 
 street ; tlience south to Fillmore street and down said 
 Fillmore street to Fourth street ; thence west along 
 Fourth street to Division street; thence due south to 
 the river, and along the river to the east line of the 
 city — Hogane & Lamb ach’s map of the city to he re- 
 ferred to for the better ascertainment of the said limits, 
 and the streets and boundaries above designated. 
 
 Sec. 2 . Outside the limits specilied in the last sec- 
 tion, and within the city limits, it shall not be lawful for 
 any person living upon land laid out in lots or outlots 
 to keep any hogs, unless the same are confined in pens, 
 under the following restrictions, viz : 
 
 1. Xo person shall keep any hogs or swine unless he 
 or she is the head of a family, and no head of a family 
 shall have more than one pen, and in that pen there 
 shall not be more than two hogs, and the subsequent 
 progeny or litter of said hogs, which progeny or litter 
 may be kept until they are eight weeks old, and no 
 longer, after which the number of swine in the pen 
 must be reduced again to two, and not more, whether 
 large or small. 
 
 2 . The said pens or enclosures shall at all times be 
 kept clean and well drained, so that the same shall not 
 emit any offensive odor or smell ; and if the City Mar- 
 shal, or any health officer of the city, shall be of opin- 
 ion that they are not thus kept, he shall notify the 
 owner that he is prohibited from any longer keeping 
 hogs in said pen, or elsewhere in the city, and to remove 
 the same within twelve hours, and clean up all filth 
 about the pen ; and if said owner fails to comply with 
 this notice, within the space of twelve hours, the Mar- 
 shal, or health officer, shall take possession of said hogs 
 or swine, and sell the same, upon giving five days no- 
 tice in the manner provided in this ordinance, to the 
 highest bidder for cash, and after deducting his fees 
 and expenses, shall pay the surplus, if any, to the 
 owner, if it be claimed, if not claimed, then into the 
 city treasury ; and he may also proceed against the 
 owner as for keeping a nuisance, and such owner shall 
 
SWIXE 
 
 CHAP. 49.] 
 
 227 
 
 be liable accordingly for all the penalties prescribed 
 against those who keep or maintain a nuisance. 
 
 Sec. 3. It shall not be lawful after the 1st day of s ain 
 March, 1867, for any person, company or corporation to 
 keep for gain or hire, in the city of Davenport, any 
 pen, yard or enclosure for swine ; but it shall be lawful J*°s s in transi- 
 ts drive swine through the city (there being no unnec- 
 essary delay) for shipment or slaughter. This ordi- 
 nance is not intended to prohibit hogs from being kept, 
 outside of the limits specified in the first section, for 
 slaughter or shipment, in pens or yards, between the^ r ■tipment, 
 first day of November and the first day of March of 
 each year, but they shall not be therein kept for such pur- 
 poses at any other time, and whoever does so, or allows 
 it to be done, is guilty of a misdemeanor. And within Regulations, 
 ten days after the said first day of March in each year, 
 the said yards or pens shall be thoroughly cleaned, and 
 all manure removed by the owner or proprietor, to the 
 satisfaction of the Marshal, or health officer ; and if the Penalty, 
 owners or proprietors of said yards or pens fail to do so, 
 they shall be proceeded against by the Marshal or 
 Health Officer as for a nuisance, and be held liable and 
 punished accordingly. 
 
 Sec. d. Hogs or swine found running at large within Hog# at large- 
 
 . . . , . . . , ,, how dealt with. 
 
 the city limits shall be dealt with and the owner pro- 
 ceeded against as provided in the ordinance relating 
 thereto. If hogs, or swine of any kind, are found in 
 pens or other enclosures, within the limits specified in 
 the first section of ordinance ; or if outside of said lim- 
 its and and within the city limits, the Marshal, or Health 
 Officer, shall find in pen or pens swine not owned by 
 the head of a family, or if he finds one family with 
 more than one such pen, , or if he finds pens with more 
 than two hogs and the progeny or litter of such, con- 
 trary to section two (2) of this ordinance ; or if he finds 
 swine in yards or enclosures kept for hire, or if he finds 
 hogs or swine used or kept contrary to this ordinance, 
 he shall at once take possession of such hogs or swine, 
 
CITY ORDINANCES. 
 
 I CHAP. 49. 
 
 228 
 
 Penalty and 
 proceedings for 
 violating this 
 ordinance. 
 
 and give five days notice of the time and place of sale 
 in one of the city papers, or by posting written or printed 
 notices in one of the most public places in each ward of 
 said city, and shall then sell the same at public auction, 
 to the highest bidder, for cash, the surplus, after paying 
 the fees, costs and expenses of sale, to he paid to the 
 owner if claimed, if not, then to he paid into the city 
 treasury. But the owner of said hogs may, if he con- 
 tests or denies that there was a violation of this ordi- 
 nance, notify the Marshal or Health Officer to appear be- 
 fore the Police Magistrate of the city, and the question 
 shall he summarily tried as one of fact, and the sale mean- 
 while supended. If decided in favor of the owner, the 
 hogs shall he released ; if decided against him, the sale 
 shall proceed, and shall not he suspended by an appeal, 
 hut the proceeds of sale shall he held to await the de- 
 cision on appeal, if one is taken. The city may also 
 appeal. 
 
 Fees of Marshal Sec. 5. The Marshal or Health Officer shall he al- 
 
 m iicaHh oiii- ] 0W ed, for taking possession of each hog, the sum of 
 
 25 cents, and for keeping the same, for each 24 hours, 
 or fraction thereof, 15 cents ; for giving notices and 
 making sales, and for other services, the same fees as 
 are allowed to constables for making sales on execution, 
 or for the performance of like or similar services. And 
 Pen or pound the Marshal is directed, whenever necessary, to provide 
 to be provu ec . ^ ^ en or p 0unc [ j n some sparsely populated part of the 
 
 city, in which to keep hogs which may he seized under 
 this ordinance. 
 
 Resistance and Sec. 6. Whoever obstructs, or interferes with, or 
 ifed. ue piohlb ' hinders, or delays the City Marshal, or other officer, 
 executing this ordinance, or any assistants or deputies 
 of such Marshal, or other officer, or whoever shall res- 
 cue or get possession illegally of said swine from the 
 custody of the city or its officers, or their assistants, or 
 whoever shall break or open any pound or pen provided 
 by the Marshal or city for keeping swine, shall he guilty 
 of a misdemeanor, and on conviction shall pay a fine 
 
GEESE.— SHOWS, ETC. 
 
 CHATS. 49, 50. j 
 
 229 
 
 of not less than three nor more than one hundred dol- 
 lars for each offense. 
 
 Sec. 7. This ordinance being deemed necessary to naice fc and°how 
 secure the health and welfare of the inhabitants of the enforced - 
 the city, the officers of the city, and particularly the 
 Marshal and health officers, are directed to see that the 
 same is strictly observed and enforced. 
 
 Passed and approved September 2d, 1860. 
 
 Note. — Garbage, slops, manure, &c., within the hog limits — how disposed of, 
 see ante pp. 180, 181. 
 
 ARTICLE 8. 
 
 AN ORDINANCE to prevent geese from running at 
 large within the city of Davenport. 
 
 Section 1. From and after the first day of March, Geese not to 
 
 . , . 1 run at large. 
 
 1867, all geese running at large in the streets and other 
 public places, or commons and vacant lots within the 
 city, are declared to be nuisances, and the owner or 
 owners thereof are recpiired to keep them confined on 
 their own premises. 
 
 Sec. 2. Whoever violates this ordinance is guilty of renaity. 
 a misdemeanor, and shall be fined not exceeding five 
 dollars for each offense, and the Marshal or Health 
 Officer or Inspector shall deal with the geese the same 
 as is provided by ordinance (as nearly as may) “ to 
 prevent hogs from running at large.” 
 
 Passed and approved September 29, 1866. 
 
 CHAPTER L. 
 
 AN ORDINANCE licensing shows , exhibitions , per- 
 formances , concerts , etc. 
 
 Section 1. Ho person shall give any of the shows, License re- 
 exhibitions, performances, concerts, or lectures, named quiui ' 
 in the next section, for pay, and to which license fees 
 are affixed, unless he has a license therefor, signed 
 by the City Clerk. 
 
Showp. 
 
 Circus, &c. 
 
 Jugglers, &c. 
 
 Theatre. 
 
 Concerts. 
 
 Gift concerts. 
 Lectures. 
 
 Exception. 
 
 License— how 
 obtained. 
 
 Duty of Mar- 
 shal. 
 
 230 CITY ORDINANCES. [CHAP. hO. 
 
 Sec. 2. Tliere shall he paid for shows, exhibitions, 
 performances, concerts, or lectures, the following fees, 
 to-wit : 
 
 1st. For every show of any wild beast, or beasts, 
 fowls or birds, or monsters, or freaks of nature, the 
 sum of twenty dollars. 
 
 2d. For every concert, performance of horseman- 
 ship, of feats of activity, for each performance, the sum 
 of fifty dollars ; and this ordinance shall be so con- 
 strued as to compel every performance exhibiting un- 
 der a separate canvass, or in a separate room or hall, 
 and charging a separate price for admission, to pay the 
 regular license fee for such performance. 
 
 3d. For each performance, or attempt at perform- 
 ance of any feats of jugglery, sleight of hand, or necro- 
 mancy, the sum of ten dollars. 
 
 4th. For each theatrical performance, the sum of 
 ten dollars ; for one month, fifty dollars ; six months, 
 one hundred and fifty dollars ; one year, two hundred 
 dollars. 
 
 5th. For every concert, the sum of ten dollars ; for 
 every gift concert, the sum of fifty dollars. 
 
 6th. For every other exhibition, performance, show, 
 or lecture, whereby the object is profit or gain, for each 
 performance, the sum of five dollars. 
 
 Provided , however , that this ordinance shall not be 
 so construed as to prevent residents of the city from 
 giving concerts, or any person from lecturing before 
 any regularly established literary society, institute or 
 lyceum, without such license. 
 
 Sec. 3. Every person desiring to procure a license 
 as aforesaid, shall pay the fee therefor to the City 
 Treasurer, taking a receipt for the same, which shall 
 specify for what show, or otherwise, he has paid. 
 
 Upon such receipt being produced to the City Clerk, 
 he shall issue a. license, receiving a fee of one dollar 
 therefor from the person licensed. 
 
 Sec. 4. It shall be the duty of the City Marshal to 
 see this ordinance strictly enforced, and every person 
 
CHAPS. 50, 51.] 
 
 IMPROVING- STREETS, ETC. 
 
 231 
 
 violating any of the provisions hereof, shall, upon con- 
 viction, he punished by a fine of not less than ten or 
 more than one hundred dollars for each offense, and 
 may stand committed until such fine and cost of prose- 
 cution are paid. 
 
 Passed and approved August 27, 1847, and August 
 10, 1865. 
 
 [As to reduction of rates in special cases, see note to Chapter 30. 
 
 As to gift enterprises, see Chapter 101.] 
 
 CHAPTER LI. 
 
 ARTICLE 1. 
 
 AN ORDINANCE to provide for improving the 
 streets, alleys , public landings , and sidewalks in the 
 city of Davenport. 
 
 Section 1. Whenever it shall be deemed expedient Grading and 
 
 ^ , .. *IJ , macadamizing. 
 
 by the City Council to grade and pave, or macadamize, 
 the streets, alleys, or public landings of said city, or 
 any part thereof, said Council shall by order or resolu- 
 tion, direct the Street Commissioner to grade and prop- 
 erly prepare the same, together with the sidewalks 
 along said streets, if any there be, for such paving or 
 macadamizing. 
 
 Sec. 2. Said City Council may also by order orreso-nuty ofEngi- 
 lution, from time to time, require the City Engineer to 
 cause the gutters to be paved on any street, alley or 
 public ground in said city, and the streets to be paved 
 or macadamized between the gutters, said City Engb 
 neer to prepare the proper specifications for such work 
 in the section mentioned, and after advertising for bids 
 for the work for two weeks, shall let and contract for Contract8< 
 the same to and with the lowest and best responsible 
 bidder, taking from such contractor a bond with good 
 and sufficient sureties in a penalty of double the amount 
 to be paid for the work, for the performance thereof, 
 within the time fixed for its completion. 
 
Cost. 
 
 Apportionment 
 of expense. 
 
 232 CITY ORDINANCES. [CHAP. 51. 
 
 [Sec. 3, relating to width, of gutters, curb-stones, &c., 
 was repealed May 4, 1864, and is not herewith printed.] 
 
 Sec. 4. The cost of curbing, guttering, and paving 
 or macadamizing the streets between the gutters, and 
 all intersections of streets, shall be paid for out of the 
 city treasury, and the grading mentioned in the first 
 section, shall be paid for out of the road fund or road 
 tax of the city. 
 
 Sec. 5. The City Engineer shall, within ten days 
 after the letting of any contract for paving or macada- 
 mizing any street or alley, or part thereof, make appor- 
 tionment of the cost of the paving or macadamizing the 
 street between the gutters and the setting of the curb- 
 stones, among the owners of the lots or ground front- 
 ing on the street or alley being so paved or macada- 
 mized, charging the cost thereof to the lots according 
 to the number of feet front they contain ; and the 
 paving or macadamizing of streets in front of alleys, to 
 be paid for by all the lot owners on the two half blocks 
 fronting on the streets being paved, in proportion to 
 the number of feet fronting the same, and place bills 
 for the same in the hands of the City Marshal, and 
 from the date of said bills the amount therein charged 
 shall constitute a special tax, and be a lien upon the 
 lots or ground upon which they are charged respect- 
 ively, until paid. 
 
 A N ORDINANCE to amend chapter 51 of the Re- 
 vised Ordinances. 
 
 Bills presented, 
 
 Report t( 
 Council. 
 
 Sec. 6. The City Marshal shall present such bills to 
 the owner or owners of such lots or grounds to which 
 they are charged, or to their agents, if to be found, 
 respectively, for payment within lifteen days from the 
 day they were placed in his hands, and if not paid, it 
 shall be the duty of said Marshal, at the expiration of 
 said fifteen days, to make report to the Council, and the 
 Council shall then direct the mode of collection, whether 
 by action or by levy of a special tax or assessment and 
 
CHAP. 51 ] 
 
 IMPROVING STREETS. 
 
 233 
 
 sale of the property. If by action, it may be according How collectcd - 
 to the provisions of sections 1068 and 1069 of the re- 
 vision of 1860 — these sections being hereby made part 
 of this ordinance. If by the levy of a special tax or 
 assessment, it shall be in the mode pointed out in the 
 ordinance relating to sidewalks, all of the provisions ot 
 which are hereby made (so far as applicable) part ot 
 this ordinance. 
 
 The apportionment of the City Engineer is conclu- Actlon 
 sive in the absence of fraud, and is prima facie suffi- 
 cient to entitle to a recovery against the lot owner. 
 
 The deed of the Marshal in case of a sale is also prima Deed of Mar- 
 facie evidence of the regularity of all previous proceed- 
 ings. No omissions of officers, or other irregularity or 
 informality shall defeat the action or the sale of prop- 
 erty, if the work was ordered by the Council, if notice 
 was published, if the work was not done by the party, 
 and was done by or for the city.* 
 
 Sec. 7. The owners of lots fronting on all that por- Front street 
 tion of Front street, except of lots in block number six- 
 ty-one (61) and sixty-two, (62,) shall be taxed and pay 
 the cost, as hereinbefore provided, of paving or macad- 
 izing forty feet in width, of the street or public ground 
 from the gutter on the north side of Front street. 
 
 Sec. 8. Whenever the City Council, under, or by Foot CV0S8in -°- 
 virtue of this ordinance, shall, by order or by resolu- 
 tion, provide for the paving or macadamizing of any 
 street or streets, it shall be the duty of the City Engi- 
 neer, at the proper time during the progress of such 
 work, to place, or cause to be placed across said street, 
 at proper and convenient distances apart, at all cross- 
 ings for foot passengers, and in continuation of the 
 sidewalks, a double line of stepping stones, the same 
 to be solidly and substantially imbedded in the earth. 
 
 Passed and approved June 4, 1856, May 4, 1856, 
 September 24, 1866. 
 
 [As to this ordinance, see note to Chap. 4S, equally applicable here ] 
 
 Section 6, above, was passed and approved September 24, 18GG. 
 
 30 
 
234 
 
 CITY ORDINANCES. 
 
 [CHAP. 51. 
 
 Notice to be 
 given. 
 
 Commissioner 
 
 Duty of clerk. 
 
 Duty of Mar- 
 shal. 
 
 Oath, notice, 
 &c. 
 
 ARTICLE 2. 
 
 AN ORDINANCE relating to the appropriation of 
 private property for streets , dec. 
 
 Section 1 . Re it enacted by the City Council of the 
 city of Davenport, that whenever the City Council shall 
 deem it necessary to appropriate and take the real es- 
 tate of any person or persons, for the purpose of laying 
 out, widening, straightening or otherwise improving any 
 street or streets of said city, notice of the intention to 
 do so shall he given to the owner or owners thereof, by 
 publication in the corporation paper of the city for at 
 least ten days. 
 
 3 - Sec. 2. At the next meeting of the City Council 
 after the publication aforesaid, there shall be chosen by 
 a majority of t he whole number of persons who may be 
 entitled to vote in said Council, and by ballot, three dis- 
 interested freeholders, residents of said city, whose duty 
 it shall be to act as commissioners, and to ascertain and 
 assess the damages, and recompense the owners of the 
 land so to be taken, as aforesaid, and at the time deter- 
 mine what persons will be benefited, and assess the 
 damages and expense thereof, upon the real estate of 
 those benefitted by such improvement, in proportion, or 
 as nearly as may be, as the same are benefited. 
 
 Sec. 3. The Clerk of said city shall immediately, or 
 as soon thereafter as practicable, notify the commis- 
 sioners of their election, which notice shall name the 
 object for which they are elected, which notice shall be 
 served by the City Marshal. 
 
 Sec. 4. The commissioners thus elected shall be 
 sworn to execute their duties according to the best of 
 their abilities, and before entering upon the discharge 
 thereof, shall give public notice to all persons interested 
 of the time and place of their meeting, and the object 
 for which they are to meet, which notice shall be pub- 
 lished in the corporation newspaper for at least ten 
 days previous to the time named therefor. The com- 
 
CHAP. 51. ] APPROPRIATION OF PRIVATE PROPERTY. ^35 
 
 missioners may receive testimony, and may adjourn 
 from day to day. 
 
 Sec. 5. If it shall become necessary to take any land ^gjdmgs 
 upon which any building is erected, the said commis- 
 .sioners shall proceed with reference thereto, as is pro- 
 vided by the amended charter of said city, and in case Ante p. 47. 
 of the sale of any building as is therein provided, the 
 same shall be made by the City Marshal. 
 
 Sec. (3. Within forty days from the time of their Report, 
 appointment, the commissioners aforesaid shall make a 
 full and complete report of their doings, which shall be 
 by them signed and returned to the City Council, of 
 which the Clerk of said city shall give notice, by publi- 
 cation as aforesaid, for ten days, to all persons in- 
 terested, that unless they appear at a meeting of the 
 Council, upon a day in said notice to be named, and 
 object to the doings of said commissioners, the report 
 by them made will be accepted, and their doings con- 
 firmed. The City Council shall proceed with reference 
 to said report, as is provided in section 17 of theA^ep. 4s. 
 amended charter of said city, and if the report afore- 
 said shall be confirmed, the City Council shall proceed 
 to levy a special tax upon the several parcels of land 
 deemed benefited, for the several sums of money by 
 said commissioners assessed, and immediately upon 
 such levy, the Marshal shall proceed to collect the sums 
 levied of the property aforesaid, and if the same remain 
 unpaid for the period of ten days after such levy, the 
 Marshal shall proceed to collect the same in the man- 
 ner which is, or may be provided for the collection of 
 assessments for sidewalks.* 
 
 Sec. 7. The City Council shall have power to remove Removal of 
 
 . . 1 n . . . . . , . Commissioner?. 
 
 commissioners, and from time to time appoint others m 
 the place of such as may be removed, refuse, neglect, or 
 be unable from any cause to serve. Provided , such 
 
 *This section amended as above printed September 24, 18C6. 
 
CITY ORDINANCES. 
 
 I CHAPS. 52, 58, 54. 
 
 236 
 
 change shall not make any delay in the proceedings of 
 the commissioners. (Ante, p. 49.) 
 
 Passed and approved July 1, 1857. 
 
 CHAPTER LII. 
 
 AN ORDINANCE in relation to licenses. 
 
 License not as- Section 1. No license issued by the City Clerk un- 
 der any ordinances of this city, shall be transferable, 
 except with the consent of the City Council. 
 
 CHAPTER LIII. 
 
 AN ORDINANCE to repeal an ordinance relating to 
 Markets , Marketing , etc. 
 
 Passed and. approved May 24, 1860. (See ante, Cli. 
 36.) 
 
 CHAPTER LIY. 
 
 ARTICLE 1. 
 
 AN ORDINANCE repealing the ordinances herein 
 revised and consolidated. 
 
 Repeal and Section 1. All public and general ordinances passed 
 
 effect of. . , r . ~ ., , r . 
 
 prior to the present session ot the Council, and prior to 
 the passage of the ordinances herein contained, are 
 hereby repealed, subject to the limitations and reserva- 
 tions, and with the exceptions hereinafter expressed. 
 Same. Sec. 2. The repeal of existing ordinances shall not 
 
 affect any act done, or right accrued, nor any suit or 
 proceeding had and commenced in any civil cause, be- 
 fore the time when these ordinances take effect ; but 
 the proceedings in all cases shall conform as far as may 
 be consistent with the provisions of these ordinances. 
 
CHAP. 54.] 
 
 REPEAL. 
 
 237 
 
 Sec. 3. No offense committed, and no penalty or Ri s ht6 6aved * 
 forfeiture incurred under any ordinance repealed, shall 
 be affected by the repeal ; except that when a punish- 
 ment, penalty, or forfeiture is mitigated by the pro- 
 visions herein contained, such provisions shall be ap- 
 plied to a judgment to be pronounced after the repeal. 
 
 Sec. 4. No suit or prosecution pending when these Same * 
 ordinances take effect, lor an offense committed, or for 
 the recovery of a penalty or forfeiture incurred, shall 
 be affected by the repeal, but the proceedings may be 
 conformed to the provisions of these ordinances, so far 
 as consistent therewith. 
 
 Sec. 5. These ordinances shall take effect after their 
 publication, according to law.* 
 
 ARTICLE 2. 
 
 AN ORDINANCE in relation to the repeal of ordi- 
 nances. 
 
 Section 1. The repeal of an ordinance shall not re- Effect of re i )eal - 
 vive an ordinance previously repealed, nor does such 
 repeal affect any right which accrued to the city, any 
 duty imposed, any penalty incurred, nor any proceed- 
 ing commenced on behalf of the city, or for its benefit, 
 under or by virtue of the repealed ordinance. 
 
 Passed and approved September 24, 1866. 
 
 ARTICLE 3. 
 
 AN ORDINANCE to preserve to the city the right to 
 repeal grants of special privileges. 
 
 Section 1 . All ordinances, resolutions, or other acts Grant of special 
 of the City Council of Davenport, hereafter to be pass- peaiabie. 
 ed, adopted or done, whereby special privileges or im- 
 munities shall be granted to, or conferred upon citizens 
 or others, shall, unless the contrary be expressed on the 
 
 * The above was published in the Revised Ordinances of February, 1857, and 
 September, 1862. 
 
CITY ORDINANCES. 
 
 [CHARS. 54, 55, 56. 
 
 238 
 
 face thereof, be subject to amendment or repeal at all 
 times by a vote of two-tliirds of all of the Council. 
 And all such grants, unless the contrary be expressed, 
 shall be taken to be made and accepted with reference 
 to this ordinance and the rights which it declares and 
 reserves to the city. 
 
 nanoe incfudeel" Sec. 2. The provisions of this ordinance are intend- 
 ed, among other things, to apply to all exercises, by 
 the City Council, of the corporate powers of the city in 
 behalf or for the benefit of individuals which have the 
 effect to limit or abridge the right and power which the 
 City Council would otherwise possess ; and are in- 
 tended to apply to grants of personal privileges as well 
 as to grants or other acts with reference to the streets, 
 landings and other public property which the city holds 
 in trust for its inhabitants or the public. 
 
 Passed and approved September 24, 1866. 
 
 CHAPTER LY. 
 
 AN ORDINANCE to adopt the amendment of the 
 city charter of Davenport , authorizing the loan of 
 forty thousand dollars. 
 
 [This is an ordinance adopting an amendment to the 
 city charter authorizing the city to borrow $40,000 and 
 issue its bonds, to pay for that amount of stock in the 
 Chicago & R. I. R. R. Co. It has not been deemed 
 essential to re-print the ordinance in full.] 
 
 Passed May 22, 1852. 
 
 CHAPTER LYI. 
 
 AN ORDINANCE to adopt the amendment of the 
 city charter of Davenport authorizing a loan of sev- 
 enty-five thousand dollars. 
 
 Whereas, the City Council of the city of Davenport 
 
CHAP. 56 ] 
 
 LOAN OP $75,000. 
 
 239 
 
 did, on the 7th day of July, A. D. 1853, submit an 
 amendment to the Charter of said city to the people, 
 to-wit : Now — 
 
 Section 1 . Be it therefore enacted by the City Coun- stock in r. r. 
 cil of the city of Davenport , that the said city in its 
 corporate capacity, will subscribe to, and take the sum 
 of seventy-five thousand dollars of the stock of the 
 Mississippi and Missouri Railroad Company, as organ- 
 ized by virtue of and under the laws of Iowa. 
 
 Sec. 2. That said city will borrow money for the Bonds for 
 
 v •' money borrow - 
 
 purpose of paying said amount of stock, the sum of ed - 
 seventy-five thousand dollars ; and that the faith of the 
 city of Davenport be, and the same is hereby pledged for 
 the payment of the principal and interest of any 
 amount borrowed under and by virtue of this ordinance; 
 that the said corporation shall issue its bond for the 
 money to be borrowed, bearing interest not exceeding 
 ten per cent, per annum, and redeemable at any time 
 within twenty years ; that the corporate authorities 
 aforesaid shall provide for the] semi-annual payment of 
 the interest upon said bonds and the ultimate payment 
 of the principal ; that when the same cannot be paid 
 out of the ordinary revenue, the city authorities shall 
 levy a specific tax for that purpose upon the taxable 
 property of said city, and shall provide for the payment 
 of the principal by the transfer of said stock to the 
 holder of the bonds, or to some person or persons, or in 
 such other way and manner as may be necessary to 
 meet the payment of said principal as well as preserve 
 the good faith of the city of Davenport. 
 
 Therefore , we do hereby certify that the foregoing 
 amendment to the city charter was unanimously passed 
 by the City Council and adopted by the legal voters of 
 said city, and is now here approved, this 9th day of 
 July, A. D. 1853. 
 
 JOHN N. BOYD, Mayor. 
 
 Attest : Richard K. Allen, City Clerk. 
 
 I certify that the foregoing amendment passed and 
 
CITY ORDINANCES. 
 
 [CHAPS. 56, 57. 
 
 House of ill 
 fame. 
 
 Keeping of, 
 
 Penalty. 
 
 Inmates de- 
 fined. 
 
 240 
 
 approved on the 9th day of July, A. I). 1853, was duly 
 posted and published according to the directions of the 
 City Council and the laws governing the same. 
 
 EICHAED K. ALLEE, Clerk. 
 
 [Note. — United States Supreme Court decisions sustaining validity of bonds of 
 cities to railroad companies : 21 How., 539 ; 23 id., 3S1 ; 24 id., 287, 365; 22 id., 864; 
 1 Wallace, 88; id., 291; id., 384, 393; id., 175; id., 272. 
 
 State decisions in Iowa denying power of cities to subscribe to stock of rail- 
 roads : 18 Iowa Rep., 3S8; 14 Iowa Rep., 47; id., 107, 15 Iowa, 385; id., 436. 
 
 CIIAPTEK LVII. 
 
 AN ORDINANCE for the suppression of houses of 
 ill-fame , and for the punishment of vagrants and 
 prostitutes. 
 
 Section 1 . That all houses of ill-fame and houses of 
 assignation where men and women resort for the pur- 
 pose of prostitution, are hereby declared public nuis- 
 ances, and the Marshal or Chief of Police are ordered 
 to abate the same as provided already by ordinance. 
 
 &c - Sec. 2. If any person shall be guilty of keeping or 
 maintaining a house of ill-fame, prostitution, or shall be 
 an inmate of, or in any way connected with, or in any 
 way contribute to the support of any house of ill-fame, 
 prostitution, or assignation, or knowingly own or be in- 
 terested as proprietor or landlord of any such house, 
 such persons so keeping, interested in, contributing to 
 the support of, visiting or inmate of any such house, 
 shall be punished by a line not less than ten dollars nor 
 more than fifty dollars and costs of prosecution, and 
 they shall stand committed until such fine and costs be 
 paid. 
 
 Sec. 3. Every person found in any house of ill-fame, 
 prostitution or assignation, whether they be male or fe- 
 male, shall be considered an inmate within the mean- 
 ing of the second section of this ordinance, and their 
 presence in any such house or houses at any hour of the 
 day-time or night, shall be prima facie evidence that 
 
CHAP. 57 ] 
 
 HOUSES OF ILL-FAME, ETC. 
 
 241 
 
 they were there for the purpose of prostitution, and 
 that they are inmates of a house of ill-fame within the 
 meaning of said section. 
 
 Sec. 4. Any person able to work and support him- Vagrants 
 self in any honest and respectable calling, who shall be 
 found loitering or strolling about any street, alley, com- 
 mon, or any public or private place within the city, not 
 having any regular or lawful business, or who shall oc- 
 cupy for the purpose of lodging, or any other purpose, 
 any barn, shed, shop, or place other than such as kept 
 for that purpose, without permission of the owner or 
 party entitled to the possession thereof, or who shall 
 lead an idle, immoral, or profligate course of life, shall 
 be deemed a vagrant, and upon conviction thereof be- 
 fore any court having jurisdiction, shall be fined in a 
 sum not less than five nor more than fifty dollars, and 
 if a male, as a part of said judgment, unless said fine 
 shall be paid, he may be sentenced to labor on the 
 streets under the direction of the Street Commissioner 
 one day for each dollar of fine unpaid, and in default 
 thereof shall be committed to the county jail, and con- 
 fined there until such fines and costs be paid, or he be 
 discharged by order of the Mayor. 
 
 Sec. 5 . If the owner, or keeper, or occupant of any Examination 
 house suspected of being a house of ill-fame, prostitu- hoUBe ' 
 tion or assignation, shall refuse to permit the Chief of 
 Police or any other executive officer acting under the 
 order of the city government to enter the Same, it shall 
 be lawful to any such officer to enter by force, by break- 
 ing the door, or otherwise, with or without warrant, and 
 be liable to no punishment or damages for so doing. 
 
 Sec. 6 . Upon proof being made before any magis- Houso to be 
 trate trying the case, that any house or tenement m the 
 city is used as a house of ill-fame, prostitution or assig- 
 nation, the Court shall issue a precept to the Chief of 
 Police, or any member of the same, or any other exec- 
 utive officer, to close said premises, the same to be left 
 closed until proper assurance shall be given by the 
 31 
 
CITY ORDINANCES. 
 
 (CHAPS. 57, 58, 59. 
 
 Second offense. 
 
 License— when 
 required . 
 
 m 
 
 owner thereof to the Court or Mayor of the city, that it 
 shall not be used again for the purpose. 
 
 Sec. 7. Upon conviction of any person under any 
 provision of this ordinance a second time for the same 
 offense, the punishment shall be imprisonment by close 
 confinement twenty days, and upon a third conviction 
 by close confinement for not less than twenty nor more 
 than thirty days. 
 
 Passed and approved June 16, 1858. 
 
 Note. — Charter gives city power to pass ordinances of this character. See, ante 
 pp. 39, 40. 
 
 CHAPTER LVIII. 
 
 A N ORDINANCE regulating the sale of intoxicat- 
 ing liquors . 
 
 [Repealed September 21, 1866, and hence not here- 
 with printed.] 
 
 CHAPTER LIX. 
 
 AN ORDINANCE regulating the sale of lumber in 
 the city of Davenport by transient dealers A 
 
 Section 1 . That no person or persons not a citizen 
 of Davenport, shall put or place upon the public levee, 
 or on the shore of the Mississippi river within the limits 
 of the city, any sawed lumber, shingles, boards, planks, 
 joist, studding, or any other lumber manufactured or 
 sawed, for the purpose of selling the same at retail, nor 
 shall such person or persons, not a resident of the city 
 of Davenport, sell at retail at any other place within 
 the limits of said city, without first procuring a license 
 therefor, as provided in section second, under a penalty 
 
 *Tlie right “ to license, regulate and tax” transient dealers is expressly given by 
 the charter. Art. 5. Sec. 2, an/«, p. 89. 
 
CHAP. 59.] REGULATING SALE OP LUMBER. 243 
 
 of not less than ten nor more than twenty hve dollars 
 for each offense. 
 
 Sec. 2. Any person who shall land or place upon the of 
 levee, within the limits of the city, any sawed lumber, 
 shingles, boards, planks, joist, studding, or any other 
 lumber, manufactured or sawed, with the intent to offer 
 or sell the same at retail, shall within six hours of the 
 time of landing or placing such lumber on the levee, 
 apply to the City Clerk of this city for a license to sell 
 such lumber at retail, and shall pay the said Clerk the 
 sum of three (3) dollars for every thousand feet of lum- 
 ber so landed for sale at retail, and the further sum of 
 one dollar for his fees in issuing such license. 
 
 Sec. 3. Any person applying for such license shall statement, 
 present the City Clerk with a statement in writing, and 
 under oath, of the kind and quantity of the sawed lum- 
 ber he or they desire to sell under said license, and the 
 City Clerk shall insert the quantity of lumber in the 
 license to be issued. 
 
 Sec. 4. Any person not a resident of the city, who con - 
 complies with the foregoing sections of this ordinance, 
 shall have the right to land any raft of sawed lumber 
 upon any portion of the public levee, except that por- 
 tion included between Rock Island and Harrison streets, 
 for the purpose of selling the same in any quantity at 
 retail. Provided , that this ordinance shall not be so 
 construed as to give the right to any person of estab- 
 lishing a permanent lumber yard upon any jDortion of 
 the public levee within the city. Provided , further , 
 
 that no lumber shall be put or placed at the foot of any 
 street leading north from the Mississippi river so as to 
 obstruct the free access to the river for carts, drays, 
 wagons, teams and other vehicles. Any person violat- Penalty, 
 ing any of the provisions of this section, in so obstruct- 
 ing any streets with lumber, shall forfeit and pay a tine 
 of twenty dollars for each otfense. 
 
 Sec. 5. By the term “selling lumber at retail,” as 
 used in this ordinance, shall be understood the selling 
 
 &c. 
 
CITY ORDINANCES 
 
 [CHAPS. 59, 60, 61. 
 
 244 
 
 of such lumber in quantities less than the whole quan- 
 tity so landed or placed upon the levee. 
 
 Sec. 6 . If any person shall make any false inven- 
 tory of the landing of the lumber which he desires to 
 sell, when applying for his license, he shall be deemed 
 guilty of a misdemeanor, and shall, upon conviction 
 thereof, forfeit and pay a line of not less than twenty- 
 live dollars for each olfense. 
 
 Passed and approved July 21, 1858, and afterwards 
 amended to read as above printed. 
 
 CHAPTER LX. 
 
 AN ORDINANCE. 
 
 Firemen ex That each member of the Fire Department of this 
 empt from poii g j ia q p e exem pt from the payment of any city poll- 
 
 tax assessment as well as for the year 1858 as for future 
 years. 
 
 Passed and approved July 21, 1858. 
 
 CHAPTER LXI. 
 
 AN ORDINANCE licensing and regulating Pawn- 
 brokers. 
 
 Section 1. The Mayor, by and with the consent of 
 the City Council, may, from time to time, grant license 
 under his hand and seal, to such persons as shall pro- 
 duce to him satisfactory evidence of their character and 
 integrity, to exercise or carry on the business of a 
 pawnbroker. Ho one without such license shall carry 
 on such business.* 
 
 Sec. 2. Every person receiving such license shall 
 pay the sum of fifty dollars in advance, for the use of 
 the city, and all licenses be made out for one year. 
 
 Pawnbrokers 
 
 licensed. 
 
 license fee. 
 
 * Amended a3 above printed September 24, 1S66. 
 
CHAP. 61.1 PAWNBROKERS. 245 
 
 Sec. 3. Every person so licensed shall, at the time Bond - 
 of receiving such license, execute a bond with two suf- 
 ficient sureties, to the city of Davenport, in the penalty 
 of five hundred dollars, conditioned for the due obser- 
 vance of the ordinances of this city, now or hereafter 
 enacted during the continuance of such license, and any 
 person aggrieved by the acts of any pawnbroker, may 
 sue upon such bond and recover such damages as he 
 shows himself entitled to. 
 
 Sec. 4. Every pawnbroker shall keep a book, in and 
 which shall be fairly written, at the time of such loan, 
 an accurate account and description of the goods, article 
 or thing pawned, the amount of money loaned thereon, 
 the time of pledging the same, the rate of interest to 
 be paid on such loan, the time when the loan becomes 
 payable, and the name of the person pawning or pledg- 
 ing the said goods, article or thing. 
 
 Sec. 5. Every pawnbroker shall at the time of each same, 
 loan, deliver to the person pawning any article of 
 goods, a memorandum or note, signed by him or her, 
 containing the substance of the entry required to be 
 made in his or her book, by the last preceding section ; 
 and no charge shall be made by any pawnbroker for 
 such entry, memorandum or note. 
 
 Sec. 6 . Said books of any pawnbroker shall, at all Books inspect- 
 reasonable times, be opened to the inspection of the 
 Mayor, Police Magistrate, Marshal of this city, or any 
 or either of them, or to any person who shall be duly 
 authorized in writing for that purpose, by any or either 
 of them. 
 
 Sec. 7. Every pawnbroker who shall violate or neg- Penalty, 
 lect to refuse to comply with any or either of the pro- 
 visions of this ordinance, shall, for every such offense, 
 forfeit and pay the sum of twenty-five dollars, to be re- 
 covered for the use of the corporation, and his license 
 may be revoked in the discretion of the Mayor. 
 
 Sec. 8. ISTo pawnbroker shall sell any pawn or sales regulated, 
 pledge until the same shall have remained two months 
 
CITY ORDINANCES. 
 
 [CHAPS. 61, 62. 
 
 Surplus. 
 
 Absence or 
 neglect. 
 
 246 
 
 in his or her possession, after the payment of the pawn 
 loaned becomes due, and all such sales shall be at pub- 
 lic auction, and not otherwise unless by consent in 
 writing of the party pawning the goods, and then not 
 until after six days notice in writing has been given, 
 by posting up three written notices in three public 
 places in this city ; and when any property is pledged 
 exceeding the value of fifty dollars, such notice shall be 
 by publication in some newspaper printed in said city, 
 for the time above specified. 
 
 Sec. 9. All surplus money, if any, arising upon such 
 sale, after deducting costs and expenses of sale, shall 
 be paid over to the owner of the article or thing there 
 sold, or be paid into the city treasury for the use of 
 such persons. 
 
 Passed and approved August 19, 1858. 
 
 [The power “to license, tax and regulate pawnbrokers” is expressly given by 
 the charter, Art. 5, Sec. 2. Ante, p. 89. 
 
 CHAPTER LXI1. 
 
 AN ORDINANCE relating to deduction of salaries 
 of city officers during tlieir absence from duty A 
 
 Section 1. The City Clerk and City Treasurer be 
 and they are hereby authorized and directed to deduct 
 from the salaries of city officers for absence and neglect 
 of duty, such sums of money as would be equal to the 
 proportion of their respective salaries accruing during 
 such absence or neglect of duty. 
 
 Passed and approved November 3, 185S. 
 
 As to salaries generally, sec Chapiter 17, ante, p. 186. 
 
CHAPS. 63, 64, 65.1 
 
 BOUNDARIES OF WARDS. 
 
 247 
 
 CHAPTER LXIII. 
 
 AN ORDINANCE providing for a transfer of the 
 Engine House on Brady street from the Fire Depart- 
 ment. 
 
 [Not re-printed because of no general interest.] 
 
 CHAPTER LXIY. 
 
 AN ORDINANCE providing for the issuing of dray, 
 wagon and coach licenses. 
 
 Section 1. Hereafter all licenses issued by the Clerk Duration of 
 
 ^ # licenses. See 
 
 for drays, wagons and coaches shall be made to termi-oii. is, Art. 3. 
 nate with the 31st day of December of each year. 
 
 Passed and approved January 5, 1859. 
 
 CHAPTER LXY. 
 
 AN ORDINANCE changing and defining the bound- 
 aries of the several wards of the city of Davenport, 
 and for other purposes. 
 
 Section 1. All that portion of said city which lies ist ward, 
 west of Warren street, and of a line running due north 
 therefrom to the corporation line, shall constitute and 
 be denominated the First Ward. 
 
 Sec. 2. That all of that portion of said city which 2 d ward, 
 lies east of the First Ward as herein created, and west 
 of Western Avenue, shall constitute and be denomin- 
 ated the Second Ward. 
 
 Sec. 3. That all of that portion of said city which 3 d ward, 
 lies east of the Second Ward as herein created, and 
 west of Harrison street, shall constitute and be denom- 
 ated the Third Ward. 
 
 Sec. 4. That all of that portion of said city which 4th Ward. 
 
CITY ORDINANCES. 
 
 [CHAPS. 65, 66. 
 
 5th Ward. 
 
 6th Ward. 
 
 Aldermen 
 
 elected. 
 
 Same. 
 
 Repeal clause. 
 
 City Physician 
 abolished. 
 
 248 
 
 lies east of the Third Ward as herein created, and west 
 of Perry street, and of a line running due north there- 
 from to the north line of the corporation, shall consti- 
 tute and he denominated the Fourth Ward. 
 
 Sec. 5. That all of that portion of said city which 
 lies east of the Fourth "Ward as herein created, and west 
 of Farnam street, shall constitute and he denominated 
 the Fifth Ward. 
 
 Sec. 6. That all of that portion of said city which 
 lies east of the Fifth Ward as herein created, shall con- 
 stitute the Sixth Ward. 
 
 Sec. 7. That at the municipal election of said city, 
 after the taking effect of this ordinance, there shall he 
 elected in said city six Aldermen, one from each Ward 
 as herein created, to serve for the term of two years. 
 
 Sec. 8. That the term of office of the Aldermen 
 heretofore elected, shall not be affected hy the passage 
 of this ordinance, hut are hereby declared eligible, 
 and shall serve as Aldermen of the several Wards of 
 which they are now residents, until the expiration of 
 their term, anything herein contained to the contrary 
 notwithstanding. 
 
 Sec. 9. All ordinances heretofore passed, fixing and 
 defining the boundaries of the Wards of said city, and 
 other ordinances or parts of ordinances which are in- 
 consistent and in conflict with this ordinance, are hereby 
 repealed. 
 
 Passed and approved February 16, 1859. 
 
 CHAPTER LXYI. 
 
 AN ORDINANCE abolishing the office of City Phy- 
 sician. 
 
 Section 1. The office of City Physician for the city 
 of Davenport is hereby abolished. 
 
CHAPS. 67 , 68, 69 , 70 .] FEES, ETC. 249 
 
 Sec. 2. All ordinances or parts of ordinances in con- 
 flict with this ordinance are hereby repealed. 
 
 Passed and approved February 10, 1859. 
 
 CHAPTER LXVII. 
 
 AN ORDINANCE to pay Strong Burnell one hun- 
 dred dollars. 
 
 [Omitted.] 
 
 Passsed and approved February 16, 1859. 
 
 CHAPTER LXYIXI. 
 
 AN ORDINANCE relating to the collection of $32 
 delinquent sidewalk assessment on Lot 1, Block 3, 
 Motids Addition to the city Davenport. 
 
 [Omitted because of no general interest.] 
 
 Passed and approved March 16, 1859. 
 
 CHAPTER LXIX. 
 
 AN ORDINANCE relating to policemen. 
 
 (Repealed by general ordinance relating to policemen. 
 See Chap. 43.) 
 
 Passed and approved July 3, 1861. 
 
 CHAPTER LXX. 
 
 AN ORDINANCE relating to the fees of Police 
 Magistrate. 
 
 Section 1. That in all proceedings before the Police Fees-whoto 
 Magistrate to enforce the ordinances of the city of 1 * 
 
 Davenport, when the costs cannot be made of the de- 
 32 
 
CITY ORDINANCES. 
 
 [CHAPS. 70, 71, 72, 73. 
 
 250 
 
 fendant, on execution, and in all cases where the infor- 
 mation is made by a city officer, under the ordinances, 
 the Police Magistrate shall be paid by the city of Dav- 
 enport, the same fees as are paid to Justices of the 
 Peace by the county in criminal cases. 
 
 Sec. 2. All ordinances or parts of ordinances in con- 
 flict with this ordinance are hereby repealed. 
 
 Passed and approved July 3, 1861. 
 
 CHAPTER LXXI. 
 
 AN ORDINANCE to vacate the alley in Block 91. 
 
 Alley vacated. Section 1. The public alley laid out and recorded 
 in block number ninety-one (91) in Le Claire’s addition 
 to said city be and the same is hereby vacated. 
 
 Passed and approved April 10, 1861. 
 
 CHAPTER LXXII. 
 
 AN ORDINANCE fixing the time for holding regular 
 meetings of the City Council . 
 
 Time of holding Section 1. After the first meeting of the City 
 
 regular meet- . _ _ . n A 
 
 ings. Council m December, 1866, the regular meeting of the 
 
 City Council of the city of Davenport shall be held 
 upon the first and third Wednesday of each and every 
 month, commencing at J-J- o’clock P. M. 
 
 Sec. 2. All ordinances in conflict with the above 
 are repealed. 
 
 Passed and approved September 24, 1866. 
 
 CHAPTER LXXIII. 
 
 AN ORDINANCE reguiring the use of bells by goer- 
 sons sleighing in the city. 
 
 Section 1. Be it enacted by the City Council of the 
 
CHAPS. 73, 74, 75.] 
 
 COASTING OR SLEDDING. 
 
 251 
 
 city of Davenport, That it shall be unlawful for any Bells required, 
 person or persons to drive sleighs, cutters, or similar 
 vehicles, in the streets of said city without having bells 
 attached to either horse or vehicle. 
 
 Sec. 2. Any person or persons violating this ordi- Penalty - 
 nance shall, upon conviction thereof before the Mayor, 
 
 Police Magistrate, or some Justice of the Peace, pay a 
 fine of one dollar and cost for each and every such 
 offense, and stand committed until paid. 
 
 Sec. 3. It shall be the duty of the City Marshal to Marsha1 ’ 6 duty - 
 arrest all persons violating this ordinance, and forth- 
 with bring them before either of the aforementioned 
 officers for trial. 
 
 Passed and approved January 2, 1861. 
 
 CHAPTER LXXIY. 
 
 AN ORDINANCE to prohibit coasting or sledding on 
 Brady , Harrison , and other streets. 
 
 Section 1 . All persons are hereby, prohibited from lasting, 
 coasting or sledding down Harrison, Brady, Main, 
 
 Gaines and Warren streets in said city. 
 
 Sec. 2. All persons violating this ordinance shall be Penalty, 
 fined not less than one dollar nor more than five dollars 
 for every such offense. 
 
 Passed and approved Jan. 2, 1861, and Jan. 1, 1862. 
 
 CHAPTER LXXY. 
 
 AN ORDINANCE relating to the correcting of errors 
 in the Assessor's Book. 
 
 [Incorporated in Revenue ordinance.] 
 
252 
 
 CITY ORDINANCES. 
 
 [CHAl’S. 76, 77. 
 
 Sidewalk to bo 
 cleaned. 
 
 Penalty. 
 
 Duty of Street 
 Commissioner 
 defined. 
 
 CHAPTER LXXYI. 
 
 AN ORDINANCE to remove snow and ice from the 
 sidewalks A 
 
 Section 1 . The occupant of each and every base- 
 ment or building in said city, fronting upon any street 
 or sidewalk which is of plank, stone, brick, iron, or 
 other materials, or the owner of any unoccupied lot 
 fronting as aforesaid, shall clear the sidewalk in front 
 of such basement, building or unoccupied lot, as the 
 case may be, of snow and ice, by nine o’clock in the 
 forenoon of each day, and cause the same to be kept 
 clear of said snow and ice ; and every person omitting 
 to clear off said sidewalks by the hour in the forenoon 
 above named, or to keep the same free from snow and 
 ice for the space of twenty-four hours after the snow 
 has fallen, or accumulated, shall forfeit and pay the 
 sum of not more than ten dollars in cash ; and the like 
 penalty of two dollars for every twelve hours such side- 
 walk shall remain so encumbered after notice from the 
 Mayor, any Alderman, or any police officer of said city. 
 
 Passed and approved March 5, 1862. Amended Sep- 
 tember 21, 1866. 
 
 CHAPTER LXXVII. 
 
 AN ORDINANCE providing for the collection of road poll 
 taXy and for other purpose. 
 
 Section 1. It shall be the duty of the Street Com- 
 missioner of the city of Davenport, under the direction 
 of a committee to be appointed by the City Council, to 
 superintend all repairs and improvements upon the 
 streets and alleys in said city, ordered by the City 
 Council, (or in the judgment of the said Street Com- 
 missioner necessary to be made,) provided, that in all 
 
 *See ante , pp. 89, 90, Notes to City Charter. 
 
CHAP. 77.] 
 
 ROAD POLL-TAX, ETC. 
 
 253 
 
 improvements not made by order of the Council, the 
 Street Commissioner shall confer with and secure the 
 concurrence of the committee aforesaid, before pro- 
 ceeding to make such repairs or improvements. 
 
 Sec. 2. Be it further enacted , that hereafter, in each counoiHo fur- 
 year, upon the election of Street Commissioner, it shall mates - 
 be the duty of the City Council to furnish the Commis- 
 sioner with an estimate of the probable amount of 
 money which will be during such year subject to appro- 
 priation for road purposes, beyond which estimate the 
 Street Commissioner shall in no event incur liability on Limit on his 
 
 power. 
 
 the part of the city, for or on account ot road work 
 done under his direction. 
 
 Sec. 3. The Street Commissioner shall in no case certmcateT^c 
 issue any certificate, or other e vidence of liability, bind- 
 ing, or purporting to bind the city, for or on account of 
 any road work done by his direction, under a penalty 
 of not less than ten dollars nor more than one hundred 
 dollars for any violation of this provision. 
 
 Sec. 4. At each and every regular meeting of the i> ut y ^ report. 
 City Council during the year, the Street Commissioner 
 shall make a report of his doings, which report shall 
 specially state the amount of money expended by him, 
 or for the expenditure of which the city has become 
 liable, by reason of any labor upon the streets, alleys, 
 etc., under his direction, which report shall also show — 
 
 1st. The name of each person so employed by him. what report 
 
 2d. The time which each person performed labor. 
 
 3d. The amount due to each person for such labor. 
 
 4th. Upon what street or alley the labor of such per- 
 son was performed. 
 
 The indebtedness so created in favor of the several 
 persons who have so performed labor, shall be paid out 
 of the Hoad Fund, by order of the Council, to the per- 
 sons aforesaid, the Treasurer taking a receipt therefor. 
 
 Sec. 5. No money shall be expended out of the out of what 
 general treasury for improvements or labor upon thetobema(ie Cnt 
 streets and alleys, until all the collectable street tax has 
 
CITY ORDINANCES. 
 
 [CHAP. 77. 
 
 Who liable to 
 labor on streets. 
 
 Commutation. 
 
 Penalty, &c. 
 
 Who liable to 
 work. 
 
 General notice. 
 
 Failure to ap- 
 pear. 
 
 254 
 
 been collected and expended, without a special order of 
 the Council, directing the improvement and expendi- 
 ture for which such payment out of the general treas- 
 ury is made. 
 
 Sec. 6 . Be it further enacted , that every male in- 
 habitant of the city of Davenport, over twenty-one 
 years of age and under the age of fifty years, is hereby 
 required to labor three days in each year upon the 
 streets and alleys of the city, at such time and place, 
 and in such manner as the Street Commissioner shall 
 direct ; but any person may, at his option, pay at the 
 rate of 83-J- cents per day, for every day he shall be so 
 bound to labor, providing such payment be made on or 
 before the first day of the three days upon which he 
 may be notified by said Commissioner to labor. And 
 in default of payment, as aforesaid, the sum of three 
 dollars may be collected of such person, with costs and 
 penalty. 
 
 Sec. 7. All persons who shall reside in the city at 
 any time for thirty successive days, shall be deemed 
 liable to pay the road tax provided for herein, unless he 
 has already paid a road poll tax for the same year in 
 some district where he was at the time a resident, and 
 exhibit a receipt from the proper officer to that effect. 
 
 For the purpose of enabling the Street Commissioner 
 to carry out the provisions of this ordinance, he is 
 hereby authorized and required to publish, or cause to 
 be published, in the official or some other newspaper of 
 the city, a general notice, to all persons liable to pay 
 poll tax, that their services are required to perform la- 
 bor on the streets or alleys, at such place or places as he 
 may designate, within the next ten (10) days from the 
 date of publication of said notice, during which time 
 they may appear in person or substitute. In case they 
 should fail so to appear within the time mentioned, as 
 aforesaid, those who are delinquent are required to call 
 upon the Collector of the city, and pay him the sum of 
 two dollars and fifty cents in cash, otherwise they will 
 be liable to pay the sum of three dollars and costs, and 
 
ROAD POLL-TAX, ETC. 
 
 CHAP. 77.] 
 
 255 
 
 one dollar for each day they are delinquent, and to be 
 sued for the same. 
 
 Said notice may be in this form, to-wit : 
 
 STREET NOTICE. 
 
 Street Commissioner’s Office, ) 
 
 City of Davenport. j 
 
 Each male inhabitant of the city of Davenport over 1 f™ e ° fgeneral 
 21 years of age and under 50 years of age, is hereby 
 notified that he is required, within ten days from this 
 date, to report himself to the Street Commissioner, or 
 send a substitute to labor upon the streets and alleys in 
 the said city for the space of three days, at such place or 
 places as the Street Commissioner may designate, and in 
 default thereof he is liable to pay the sum of three dollars 
 and costs, and one dollar per day for each and every day, 
 not exceeding ten days, he shall fail, neglect or refuse 
 to comply with this notice. 
 
 Dated the .... day of , 186 . . 
 
 Street Commissioner. 
 
 No personal demand or notice is necessary. And the No personal de- 
 city shall recover in any suit instituted under this ordi- 
 nance if it shows, 1st, That the defendant is a male in- Suit *7 cit y- 
 habitant of the city ; 2d, That the general notice re- 
 quired by section seven (7) of this ordinance was pub- 
 lished ; 3d, That the defendant did not, as therein 
 required, report to and notify the Commissioner that he 
 was ready for work, or if he did not work when and as 
 required by this ordinance and the said Commissioner. 
 
 If the defendant is over or under the required age, this when it may 
 is a defense he must establish. No technicality or in- 
 formality shall defeat the action of the city. And the Penalty, &c. 
 delinquent is liable for the three dollars, and for costs 
 and for penalty at the rate of one dollar per day for 
 each day’s delinquency, not however exceeding in all ten 
 days. 
 
 Sec. 8. It shall be the duty of the Street Commis-Listofdciin- 
 sioner, as soon as practicable after the expiration of time quents 
 
CITY ORDINANCES. 
 
 [CHAP. 77. 
 
 256 
 
 mentioned in the notice specified in the last section, to 
 make two lists of all delinquents, one of which lists 
 shall be handed to the City Collector ; the other list the 
 publication of. Street Commissioner shall cause to be published in one 
 or more of the daily newspapers of the city, one or 
 more times. Said notice may be in the following form, 
 and no misprint or mistakes in the name of the delin- 
 quent shall effect the validity of said notice. 
 
 STREET TAX. NOTICE TO DELINQUENTS. 
 
 Street Commissioner’s Office, ) 
 City of Davenjport. j 
 
 £°deiinquent ce Notice is hereby given that suits will be commenced 
 against the persons hereinafter named, for the street 
 tax due from them, and the penalty, unless the sum of 
 two dollars and fifty cents be paid to the City Collector 
 on or before the . . . day of 
 
 [Here insert the names of delinquents as accurately as possible.] 
 
 Dated this . . . day of 186 . 
 
 Penalty if party 
 neither works 
 or pays. 
 
 Street Commissioner. 
 
 All persons who neglect or refuse to make such pay- 
 ment shall pay three dollars and the costs of adver- 
 tising, and all other costs, and shall also forfeit and 
 pay the sum of one dollar per day for each day not ex- 
 ceeding ten days, which they have so neglected, failed, 
 or refused to work upon the road after the notice given, 
 which is required by section 7 of this ordinance. 
 
 The names of all persons who shall fail to labor or to 
 pay, shall, from time to time, be given by the Street 
 duty Attorney ’ s Commissioner to the City Attorney, and it shall be his 
 duty faithfully and diligently to prosecute all persons 
 who shall subject themselves to suit under the pro- 
 visions hereof. The complaint for a violation of this 
 ordinance may be in the following form : 
 
 State of Iowa, 
 
 Form of com- 
 plaint. 
 
 City of Davenport, plaintiff, 
 
 vs. 
 
 Defendant. 
 
 Before Police Magis- 
 trate of said city, (or 
 Mayor, as case may 
 be.) 
 
CHAP. 77.] ROAD POLL-TAX, ETC. 257 
 
 The said plaintiff alleges that the said defendant is a 
 male inhabitant of said said city over the age of twenty- 
 one years, and liable by the charter and ordinances of 
 said city to labor on the streets and alleys of said city 
 three days in each year ; that the Street Commissioner 
 of said city has duly published, for the present year, a 
 notice to all persons liable to do so, to appear and labor 
 on said streets and alleys ; that the defendant foiled to 
 appear and labor as required, or to send a substitute ; 
 that the time limited in said notice in which it was de- 
 fendant’s duty to have appeared and labored, or to 
 have sent a substitute as aforesaid, expired on the . . . 
 
 day of A. D. 186 . By means of the premises 
 
 aforesaid, the defendant is liable to pay to the city of 
 Davenport the sum of three dollars, also costs, and also 
 one dollar per day for the space of . . days, to which 
 the defendant is liable in consequence of failing to 
 comply with the said notice of the Street Commissioner, 
 and to perform labor upon the streets and alleys of said 
 city ; for all which the city prays a judgment against 
 the defendant. 
 
 City Attorney. 
 
 If the city recovers judgment, execution shall issue 
 and may be levied upon any property whether exempt 
 from execution in ordinary cases or not. The officer 
 having the writ must first seize property not exempt, if 
 it can be found. 
 
 Sec. 9. It shall be the duty of the City Clerk, un- 
 der the direction of the Committee on Finance, to cause 
 to be printed appropriate receipts and notices for the 
 Street Commissioner and Collector. And it shall be 
 the further duty of the Clerk to furnish the Street 
 Commissioner a list of all persons in said city required 
 by this ordinance to perform labor upon the streets and 
 alleys therein. 
 
 Sec. 10. The Street Commissioner shall issue re- 
 ceipts to all persons who shall faithfully labor upon the 
 streets and alleys under his direction, for three davs, 
 33 
 
 Execution. 
 
 Duty of Clerk. 
 
 Receipts to bo 
 printed and lists 
 furnished. 
 
 Receipts of 
 Commissioner 
 for work, but 
 not for money. 
 
CITY ORDINANCES. 
 
 [CHAPS. 77, 78. 
 
 258 
 
 his receipt in full for labor upon the streets and alleys ; 
 provided, that the Street Commissioner shall receipt to 
 no person for money in lieu for labor, under the penalty 
 of ten dollars for any violation of this proviso, 
 city collector Jt shall be the duty of the City Collector, upon the 
 money. payment of the aforesaid sum, in accordance with the 
 notice, to any person required to labor upon the streets 
 and alleys, as aforesaid, to issue to such person a re- 
 ceipt for the same, specifying it to be in full satisfac- 
 tion for all labor due from such individual upon the 
 streets and alleys for the year for which such payment 
 is made, which receipt shall be a full discharge to such 
 person for all the labor due from such individual upon 
 the streets and alleys for the year mentioned in said 
 receipt. 
 
 And it shall be the duty of the City Collector to open 
 an account with the road fund, and to carry all moneys 
 received by him upon that account, to the credit of such 
 fund, and to specify therein the persons from whom 
 such money is received. And it shall be the further 
 duty of said Collector to pay over such funds to the 
 City Treasurer and take his receipt for the same, and 
 said Treasurer to keep the same as a distinct and sepa- 
 rate fund. 
 
 Passed and approved September 25, 1866. 
 
 [Note. — This ordinance is clearly warranted by the provisions of the City 
 Charter (Art. 8 and amendments thereto) which give the city power “ to provide 
 for the collection” of this tax “by ordinance.” The Charter fixes the penalty for 
 failure to work when notified. The above ordinance repeals the ordinance of 
 April 20, 1859, giving the party the right to work in his own ward. He must now 
 work as directed by the Street Commissioner. 
 
 Power given by Charter to levy road poll taxes and pass ordinances to enforce. 
 See ante, pp. 51, 53. 
 
 CHAPTER LXXVIII. 
 
 A N O RDINANCE to amend an ordinance providing 
 for tlie appointment and election of o fleers by the 
 Council of the city of Davenport. 
 
 Section 1 . That whenever the City Council shall 
 
CHAPS. 78, 79 ] 
 
 LOAN OF $200,000. 
 
 259 
 
 fail to appoint or elect an officer on the day provided Election ofosi- 
 
 ~ - 1 cere, when? 
 
 for such election or appointment, the Council shall have 
 the power to appoint and elect such officers at any sub- 
 sequent regular meeting of the Council. 
 
 Sec. 2. This ordinance shall take effiect from and 
 after its publication according to law. 
 
 Note. — A s to vacancies, see Chap 10G. 
 
 CHAPTER LXXIX. 
 
 AN ORDINANCE providing for a loan of two hun- 
 dred thousand dollars. 
 
 Section 1. Whereas, at a regular meeting of the Preamble - 
 City Council of the city of Davenport, held on Wed- 
 nesday, the sixth day of May, A. D. 1857, the follow- 
 ing, among other proceedings, were had, to-wit : 
 
 The majority report of the committee to whom was 
 referred the resolutions to raise money by loan, was 
 read, and on motion of Aid. Guy, the report adopted. 
 
 The committee to whom was referred the preamble 
 and resolutions offered by Aid. Barrows, having dis- 
 charged the duties assigned them, beg leave to offer the 
 following substitute : 
 
 Whereas, It is deemed necessarry by the City Coun- 
 cil of the city of Davenport, that said city should be 
 provided with a city hospital, to cost about $15,000, a 
 city hall to cost about $35,000, and whereas, it is 
 deemed necessary to raise by loan not less than $50,000, 
 in addition to the amount already appropriated, and not 
 yet expended, for the purpose of supplying the city 
 with pure water, and whereas, it is deemed necessary 
 by the City Council to raise by loan not less that $100- 
 000, for grading, guttering and otherwise improving the 
 streets of the city ; therefore be it 
 
 Resolved , That on the 16tli day of May, A. D. 1857, Kesoiution. 
 polls shall be opened in the different wards of the city, 
 for the purpose of submitting the following question : 
 
[CIIAP. 79. 
 
 260 
 
 CITY ORDINANCES. 
 
 Whether the City Council shall be authorize to raise 
 by loan the sum of $200,000, for the purpose of pur- 
 chasing a city hospital and city hall, for the erection of 
 suitable water works, and for the general improvement 
 of the streets. 
 
 The question shall be voted upon in the following 
 manner : 
 
 Those in favor of the loan shall vote “ for the loan,” 
 those opposed, u against the loan.” 
 
 Polls to be opened at 9 o’clock, A. M., and close at 
 6 o’clock, P. M. The places of holding said election 
 shall be as follows : 
 
 [Here follows list of places and of the J udges of the 
 election.] 
 
 The Judges of said election shall canvass the votes so 
 cast, make a certificate of the result thereof, and return 
 the same under seal to the City Council at its next reg- 
 ular meeting thereafter. 
 
 If said loan shall be approved by a majority of the 
 voters at said election, the City Council shall immedi- 
 ately proceed by ordinance to authorize the Mayor to 
 issue bonds for the sum so voted, the bonds to be nego- 
 tiated as fast as they may be needed for the before 
 mentioned purposes, the said bonds shall be each for the 
 sum of $500, signed by the Mayor and Clerk, payable, 
 the principal at the expiration of twenty years, and the 
 interest thereon semi-annually, interest and principal 
 payable in the city of Hew York. 
 
 Provided , that said ordinance shall so provide that no 
 bonds shall be sold for less than the par value thereof, 
 and shall bear interest at a rate not exceeding ten per 
 cent, per annum. 
 
 (Signed,) 
 
 J. IT. Sears ) 
 John Forrest, f 
 
 Committee. 
 
 And whereas, in accordance with the provisions of 
 said resolution, there was, on the 16th day of May, A. 
 I)., 1857, an election held in the several wards of said 
 city, and as it appears by the certificates of the Judges 
 thereof, there were in all in said election eight hundred 
 
CHAP. T9.] 
 
 LOAN OF $200,000. 
 
 261 
 
 and seventeen (817) votes, of which whole number there 
 were cast “ for the loan,” six hundred and seventy-four 
 votes, and “ against the loan,” one hundred and fifty- 
 three votes, being a majority for said loan of five hun- 
 dred and thirty-one votes therefor. 
 
 Sec. 2. Be it further enacted , that the Mayor of said Bonds, 
 city be and is hereby authorized to prepare, or cause to 
 be prepared, bonds of the city of Davenport, each for 
 the sum of five hundred dollars, and in all to the amount 
 of the aforesaid sum of two hundred thousand dollars, 
 the same to be signed by the Mayor and Clerk of said 
 city, and sealed with the seal thereof, payable, the prin- 
 cipal at the expiration of twenty years from the time 
 when the same shall be issued, and the interest (which 
 shall not exceed ten per cent, per annum) semi-annually. 
 
 To said bonds shall be attached coupons for the interest 
 as aforesaid, which, with the said principal sum of two 
 hundred thousand dollars, shall be payable in the city 
 of Hew York. 
 
 Sec. 8 . Be it further enacted , that the Mayor of gale of bonds, 
 said city, or his successor in office, shall, whenever from 
 time to time the aforesaid sum, or any part thereof, is 
 or shall be required for the uses and purposes hereinbe- 
 fore mentioned, negotiate and dispose of the bonds so 
 prepared, provided , however , that in no case shall said 
 bonds, or any part thereof, be sold at a less sum than 
 the par value thereof. 
 
 . Sec. 4. The faith of the city of Davenport is hereby Duty of city, 
 pledged for the payment of said principal sum of two 
 hundred thousand, dollars, and the interest thereon, as 
 hereinbefore provided, for which payments, both of the 
 principal sum and interest thereon, it shall be the duty 
 of the City Council to provide, and if at any time, from 
 the ordinary sources of revenue, sufficient funds for the 
 payment of said interest, as the same becomes due, or 
 any part thereof, or for said principal sum as the same 
 becomes due, or any part thereof, shall not be received, 
 then it shall be the duty of the City Council of said city 
 
CITY ORDINANCES. 
 
 [CHAI\ SO. 
 
 Width of side- 
 walks. 
 
 Width of cer- 
 tain sidewalks. 
 
 262 
 
 to levy a special tax for the purposes aforesaid, upon the 
 taxable property of said city. 
 
 CHAPTER LXXX. 
 
 AN ORDINANCE to widen the sidewalk on the north 
 
 side of Front street , between Brady and Harrison 
 
 streets , and for other purposes. 
 
 Section 1 . The sidewalk on the north side of Front 
 street, between Brady and Harrison streets, is estab- 
 lished at sixteen feet in width instead of twelve feet. 
 
 Passed and approved May 25, 1857. 
 
 Sec 1 . The sidewalk on the north side of Second 
 street, between Harrison and Ripley streets, is estab- 
 lished at fourteen feet in width. 
 
 Passed and approved August 26, 1857. 
 
 Sec. 1 . The sidewalks on each side of Harrison 
 street, north of Eighth, be and the same are hereby 
 established at ten feet in width. 
 
 Sec. 2. That the gutters on each side of Harrison 
 street, south of Eight street, be laid down eight feet in 
 width instead of six feet in width, as now provided. 
 
 Sec. 1. The sidewalk on the south side of Second 
 street, between Ripley and Perry streets, be, and the 
 sidewalk on the north side of said Second street, be- 
 tween Main and Perry, be, and they are hereby estab- 
 lished at fourteen feet in width. 
 
 Passed and approved September 9, 1857. 
 
 Sec. 1. That the sidewalks on the east of Main, be- 
 tween Third and Fourth streets, and on the south side 
 of Fourth, between Main and Brady, be and they are 
 hereby established at fourteen feet in width. 
 
 Passed and approved September 23, 1857. 
 
CHAPS. 81, 82, 83.] 
 
 VACATE ROADS. 
 
 263 
 
 CHAPTER LXXXI. 
 
 AN ORDINANCE providing for the collection of the 
 tax for macadamizing apart of Perry street. 
 
 [Omitted because of no general application.] 
 
 Passed and approved September 16, 1857. 
 
 CHAPTER LXXXII. 
 
 AN ORDINANCE to vacate certain roads in Mitch- 
 elVs Additions to the city of Davenport. 
 
 Section 1 . That the public roads formerly laid outv 
 from the west end of Sixth street to the western bound- 
 ary line of the original town of Davenport, and run- 
 ning up the bluff near G. C. R. Mitchell’s present resi- 
 dence, be and the same are hereby vacated so far as said 
 roads run through blocks X o. 12, 15, 20 and 21 of said 
 Mitchell’s second and third additions to the city of 
 Davenport, and that the public road known and com- 
 monly called the Telegraph Road, be and the same is 
 hereby vacated so far as the same runs through blocks 
 19, 20 and 21, of Mitchell’s said third addition to the 
 city of Davenport. 
 
 Passed and approved October 7, 1857 
 
 CHAPTER LXXXIII. 
 
 AN ORDINANCE permitting lowrey , Thomas cf* 
 Co. to construct a switch and side track , to connect the 
 M. de M. Railroad with certain lots. 
 
 [Omitted because of no general interest.] 
 
264 
 
 CITY ORDINANCES. 
 
 [CHAP. 84. 
 
 CHAPTER LXXXIV. 
 
 AN ORDINANCE to improve and preserve the navi- 
 gation of the Mississippi River within the limits of 
 the city , and relating to the public landing in said city 
 and for other purposes. 
 
 Be it enacted by the City Council of the city of Dav- 
 enport : 
 
 STEAMBOAT LANDING DEFINED. 
 
 steamboat land- Section 1 . All the public landing embraced between 
 Rock Island street on the east, and Harrison street on 
 the west, shall he kept exclusively for the use of steam- 
 boats and barges ; and no raft shall he allowed to make 
 use of such part of said landing. Xo steamboat shall 
 he allowed to land at any other place within the limits 
 of the city of Davenport, and no barge shall be allowed 
 to land at any other place within the limits of the city 
 of Davenport. 
 
 RAFT, <fcC., LANDING. 
 
 Sg f andwha a rf d Sec. 2. All the public landing between Harrison 
 and Warren streets, and between the railroad bridge 
 and Rock Island street, is hereby designated and set 
 apart as a public wharf for the landing of rafts, flat- 
 boats, and other articles and water craft ; and the 
 Wharf Master shall, as hereinafter directed, cause the 
 space hereinbefore specified, or so much, or such part 
 thereof as may be necessary, to be put into suitable 
 condition for the landing of rafts, flatboats and other 
 articles and water craft ; and all such rafts, boats and 
 water craft shall land within the limits aforesaid and at 
 the places thus prepared and designated bv the Wharf 
 Master, and not elsewhere. 
 
 wharfa g 7 ade ^ steamboats, other boats or rafts shall, contrary to 
 this ordinance, land elsewhere than as herein pre- 
 scribed, they are nevertheless liable to pay wharfage 
 according to the terms of this ordinance. (See Sec. 14.) 
 
CHAP. S4.] NAVIGATION OF THE MISSISSIPPI, ETC. 
 
 265 
 
 Sec. 3. Upon the landing, mooring or securing, of Sister*" Wharf 
 any boat, water craft, raft, logs, lumber, stone, or other 
 materials, between the points above designated, except 
 as above provided, it, shall be the duty of the wharf 
 master to cause a notice of removal of the same, to be 
 served on the person or persons so landing such craft or 
 materials. 
 
 Sec. 4. If no person shall be found on board of such Notice toper- 
 
 x sons violating 
 
 craft, or materials, on whom to serve the notice afore- ordinance - 
 said, then the wharf master shall cause the like notice, 
 in writing, to be placed on or near such craft or materials, 
 for the removal thereof, and if the same is not removed 
 within twenty-four hours thereafter, the wharf master 
 shall remove the same above or below the district afore- 
 said, and the property, or a sufficient amount thereof, 
 be sold to pay the expenses of such removal . Provided , 
 however , that whenever property is so sold, the wharf ® ale undnotiees 
 master shall give at least three days notice thereof, by 
 posting written notices of sale in three or more public 
 and conspicuous places in said city, stating the time and 
 place of sale, and for what reason sold. When sold, it 
 shall be at public outcry, to the highest bidder for cash, 
 and if the amount received should exceed the costs at- 
 tending the advertising, sale, and the amount of the 
 tine, it shall lie paid into the City Treasury, and be 
 subject to the order of the owner thereof. 
 
 Sec. 5. Xo person shall draw out, and let remain Lumber, &c.- 
 
 x 4 m how long to re- 
 
 On the landing, in front of any portion of the city, for ™ ai ^ Sce 
 a longer time than herein allowed, any lumber, logs, 
 timber, building material, or any other obstructions. 
 
 Sec. 6. Xo person shall remove any gravel, stone Gravel, &e., not 
 
 i i t ° . . to be removed. 
 
 or earth, trom the landing or hank ot the Mississippi 
 .River, in front of said city, and any person violating 
 this provision shall pay a fine of not exceeding ten dol- 
 lars for every load so taken. 
 
 Sec. 7. The office of wharf master is hereby ere- office of wimrf 
 
 . ^ Master created. 
 
 ated ; who shall be appointed by the Mayor, by and 
 with the consent of the Board of Aldermen, and he 
 shall hold his office for one year. 
 
CITY ORDINANCES. 
 
 [CHAP. 84. 
 
 Bond. 
 
 Duties. 
 
 Amount of 
 wharfage. 
 
 266 
 
 Sec. 8 . The wharf master shall, before entering 
 upon the duties of his office, take the oath and give a 
 bond, as required of city .officers, and said bond shall 
 be in the sum of one thousand dollars. 
 
 Sec. 9. It shall be the duty of the wharf master to 
 take entire charge of the City wharf landing, and to 
 collect all wharfage as provided by this ordinance. He 
 shall keep two books, one of which shall be ruled, hav- 
 ing separate columns for boats, rafts, lumber, sash, 
 shingles, pickets, sand, lime, posts, rails, wood, and 
 miscellaneous articles, the name of owner, the amount 
 of articles landed, the amount of cash received for 
 wharfage. The other book shall be a cash and receipt 
 book, showing all cash received by him. II# shall, un- 
 der the direction of the Committee on Public Grounds, 
 provide, at the expense of the city, suitable posts and 
 ring bolts for boats and rafts to make fast to, and keep 
 in repair, and shall charge the city with the expense 
 thereof. And all articles brought to the city and placed 
 on the landing shall be placed where and in such man- 
 ner as the wharf master shall direct. 
 
 Sec. 9. The following amounts shall be collected by 
 the Wharf Master, for the landing of boats and for 
 wharfage, on the articles designated on landing, or on 
 any vehicle standing thereon, to wit : 
 
 For every steamboat, for twenty-four hours or less $2.00 
 For every flat boat lying at wharf twenty-four 
 
 hours without discharge of cargo, 1.00 
 
 Every additional twenty-four hours or less, 50 
 
 For every flat-boat using wharf or landing one 
 
 year, 3.00 
 
 For every 1,000 feet lumber drawn out at the 
 
 landing, 3 
 
 For every 1,000 lath, shingles or pickets, 10 
 
 For each wagon load of sand, 3 
 
 For each barrel of lime, 2 
 
 For each cord of wood, rails or posts, 5 
 
 For other articles not specified, per ton or less, at 
 the discretion of the Committee on Grounds, . . 40 
 
CHAP. 84.] NAVIGATION OF THE MISSISSIPPI, ETC. 
 
 267 
 
 And the said wharfage shall be considered due and pay- when due 
 able in advance, and any person refusing to pay in ad- 
 vance, shall not be permitted to use said landing. 
 
 Lumber shall be allowed to remain on the landing ten ^2^ 
 days, and other articles three days ; after which time See alB0 Sec - 5 
 owners or consignees failing to remove lumber or other 
 articles, on the request of the wharf master, shall be 
 considered as violating this ordinance and be subject to 
 the penalties provided in section 10 of this ordinance. 
 
 Sec. 10. Any person who may violate any provision Penalt - V - 
 of this ordinance shall forfeit and pay a tine of not les^ 
 than ten, nor more than one hundred dollars, for each 
 offense. 
 
 Sec. 11. The wharf master shall pay over to the ^arf Masted 
 Treasurer, every Saturday, the amount of money re- 
 ceived during the week. 
 
 Sec. 12. The wharf master shall receive, as com- compensation 
 pensation for his services, ten per cent, of all the 
 moneys collected by him. 
 
 Sec. lffi The wharf master shall be provided with 0ffice - 
 a suitable office, on or near the said landing, under the 
 direction of the Committee on Public Grounds. 
 
 Sec. 11. The Committee on Public Grounds and Lease of land- 
 
 ing. 
 
 Buildings are empowered to lease, until March next, 
 and annually thereafter, such portion of the public 
 grounds adjacent to the public landing, as will not in- 
 terfere with the business of said landing. 
 
 Sec. 15. All ordinances, acts, or resolutions of the p ^ ivaW 
 City Council, by virtue or under pretense of which any 
 private wharves, landings, or docks have been estab- 
 lished or built, are hereby repealed, and it shall here- Re P eaL 
 after not be lawful for the owner or owners of any pri- 
 vate wharf, landing, or dock, to charge, or collect, or 
 receive wharfage from any steamboat, barges, or other 
 vessel or water craft. Any person or company vio- 
 lating this section shall be liable for each offense to the 
 penalty above provided, and boats, vessels, rafts, or 
 other water craft landing aGany other place than the 
 
CITY ORDINANCES. 
 
 L CHAPS. 84, 85, 86. 
 
 Penalty. 
 
 Exception. 
 
 Scales. 
 
 268 
 
 public wharves, landings, or places designated in this 
 ordinance, shall nevertheless be liable to pay to the city 
 the rates of wharfage hereinbefore designated. 
 
 And the owner, or master, or person in charge of any 
 steamboat or other craft, or vessel or raft, who shall 
 cause or allow the same to be landed at any private 
 wharf, landing or dock, or at any other place or places 
 than those designated and prescribed in this ordinance, 
 shall be deemed guilty of a violation thereof, and sub- 
 ject for each offense, to the penalty prescribed in sec- 
 tion 10 hereof. 
 
 Provided , however , that this ordinance shall not be 
 construed to prohibit the owner or master of any boat 
 or craft from landing at his own wharf or dock with 
 boats or rafts belonging to himself or to the person for 
 whom the master is running or using such boat or raft. 
 
 Passed and approved September 24, 1866. 
 
 [Note.— Action of Council as to “reserved landing,” see ante , p. 98 ; decision of 
 Supreme Court respecting, see p. 69. 
 
 As to wharves and docks and power over river, see pp. 69, 72. 
 
 CHAPTER LXXXV. 
 
 AN ORDINANCE relating to lumber yards vnthin 
 the fire limits. 
 
 [Incorporated in Chap. 24, Art. 8.] 
 
 CHAPTER LX XXVI. 
 
 AN ORDINANCE granting certain privileges to W. 
 W. Kennedy. 
 
 Section 1. That N . AV r . Kennedy shall have the 
 right to establish and maintain a set of platform scales 
 of hay, coal, etc., on the levee, between Brady and 
 Main streets, at the following place : 
 
 Commencing forty-six feet west from the north-east 
 
CHAPS. 86, 87, 85.] 
 
 FIRE DEPARTMENT. 
 
 269 
 
 corner of tlie Levee Block, at the junction of Brady 
 and Front streets, thence west twenty (20) feet, thence 
 south twenty (20) feet, thence east twenty (20) feet, 
 thence north twenty (20) feet to place of beginning. 
 
 Sec. 2. Said W. W. Kennedy shall have the right Term, 
 to occupy said premises with said scales during the 
 pleasure of the City Council, but the City Council shall 
 not deprive the said Kennedy of said right till after 
 three months’ notice in writing. 
 
 Sec. 3. Said Kennedy shall pay into the City Treas- Pay to city, 
 ury the sum of $25 per annum for the use of said 
 premises, payable annually in advance. 
 
 Sec. 4. Said W. W. Kennedy shall be a public Public weigher, 
 weigher, and shall be subject and conform to the rules 
 and regulations contained in Chapter ten (10) of Re- 
 vised Ordinances, and to such rules and regulations as 
 the City Council shall from time to time appoint.* 
 
 Passed and approved October 28, 1857. 
 
 CHAPTER LXXXVII. 
 
 AN ORDINANCE as to numbering buildings in fire 
 limits. (See Chap. 24.) 
 
 CHAPTER LXXXVIII. 
 
 AN ORDINANCE for the formation and government 
 of the fire department. 
 
 Section 1 . The Eire Department of said city shall who compose, 
 consist of a Chief Engineer, two Assistant Engineers, 
 and as many Fire Wardens, Fire Engine men, Hosemen, 
 
 Hook and Ladder men as or may from time to time be 
 appointed by the City Council, as is hereinafter pro- 
 vided. The Aldermen shall ex ojficio be Fire Wardens. f 
 
 * See ante , Chap. 10. 
 t Duties of Fire Wardens, see Chap. 21. 
 
CITY ORDINANCES. 
 
 [CHAP. 88. 
 
 Election, Ac. 
 
 Chief Engineer, 
 
 270 
 
 Sec. 2. The nomination of the Chief Engineer and 
 Assistant Engineer shall he made by the tiremen by 
 ballot on the first Saturday in May of each year, and 
 the persons receiving the greatest number of votes for the 
 respective offices shall be thereupon entitled to a nomina- 
 tion to the City Council for appointment to such offices, 
 such appointment to continue for one year or until the 
 successors to each office shall be nominated, and by the 
 City Council duly confirmed. Public notice of the time 
 and place of each nomination shall be given to the Eire 
 Department by the Chief Engineer, through one or 
 more newspapers published in the city of Davenport. 
 AYhenever a vacancy shall occur in either of the offices 
 of Chief Engineer or Assistant Engineers, the Engineer 
 and the foremen of the Fire companies collectively, shall 
 have power, and it shall be their duty to call a special 
 election, and designate the time and place for holding 
 the same, to the end, that a nomination pursuant to the 
 provisions of this ordinance may be made to the City 
 Council to supply such vacancy. 
 
 . Sec. 3. The Chief Engineer shall in all cases of fire 
 have the sole and absolute command and control over 
 all the Engineers and other persons connected with the 
 Fire Department. 
 
 It shall be the duty of the Chief Engineer to direct 
 other Engineers to arrange the several fire engines in 
 the most advantageous manner, and to cause them to 
 be duly worked for the extinguishment of fires. 
 
 It shall also be the duty of the Chief Engineer to ex- 
 amine, twice in each year, into the number and condi- 
 tion of all lire engines, hose carriages, hose, and other 
 apparatus connected therewith, and all engine houses, 
 and other buildings used for housing fire apparatus, and 
 report the same to the City Council once in each year, 
 and oftener, if required by the City Council. He shall 
 also report a list of all the members of the Fire Depart- 
 ment, and the respective associations to which they 
 belong. 
 
 He shall also report in writing an accurate list of 
 
CHAP. 88.] 
 
 FIRE DEPARTMENT. 
 
 271 
 
 accidents by tire that may take place within the city, 
 with the causes thereof, and the number and description 
 of the buildings destroyed or injured, together with the 
 names of the owners and occupants. 
 
 Sec. 4. The Chief Engineer shall receive for his salary, 
 services such annual salary as the City Council may 
 prescribe ; and before entering upon the duties of his 
 office, he shall take and subscribe an oath or affirmation 
 well and truly to perform such duties. ITe shall also 
 execute a bond in the penal sum of live hundred dollars, 
 with two sureties, to be approved by the Mayor, condi- 
 tioned for the faithful performance of the duties of his 
 office. 
 
 Sec. 5. Whenever any vacancy shall occur in the Vacancy, 
 office of the Chief Engineer, it shall be the duty of the 
 senior Assistant Engineer to perform the duties of the 
 office until the vacancy be filled. The senior Assistant Assistant En- 
 
 ^ ... gineer. 
 
 Engineer (and in his absence the junior Assistant Engi- 
 neer) shall exercise the duties of the Chief Engineer in 
 his absence, and in general have control over the Fire 
 Department subordinate to him. 
 
 Sec. 6. Whenever any repairs are required to keep Repairs, 
 the fire engines and apparatus in good order, the Chief 
 Engineer shall forthwith report the same to the Fire 
 Department committee of the City Council. 
 
 Sec. 7. The Chief Engineer shall report to the City Report to 
 
 ° x J Council. 
 
 Council, the name of any member of the Fire Depart- 
 ment who is reported to him by the foreman of the 
 company of which he is a member, to be inefficient, 
 unfaithful, intemperate, or otherwise unfit for duty, 
 and the City Council may remove such person at 
 pleasure. 
 
 Sec. 8. The Fire Wardens shall attend upon all Bre Wardens, 
 fires occurring in the city, act as special policemen in 
 guarding the property of citizens exposed by reason of 
 fires, and perform such other duties as now or may 
 hereafter be prescribed by the ordinances of the city. 
 
 The Fire Wardens shall wear a badge of office upon 
 
CITY ORDINANCE! 
 
 [CHAP. 83. 
 
 Duty of. 
 
 Report of fore- 
 man. 
 
 Companies. 
 
 Disobedience. 
 
 272 
 
 which shall be inscribed the words “Fire Wardens, 
 and shall transfer them to their successors — said badge 
 to be furnished by the city. 
 
 Sec. 9. It shall be the duty of the Fire Wardens to 
 prevent the hose from being injured at fires, and to 
 keep all idle and suspected persons at a proper distance 
 from the fire, and from the vicinity. All persons are 
 hereby enjoined to comply with the orders and direc- 
 tions of said Fire Wardens in the premises.* 
 
 Sec. 10. The foreman of each fire company shall, 
 on the first Monday of August, in each year, make out 
 a report to the Chief Engineer, of the number, resi- 
 dence and occupation of all the members of his com- 
 pany, and also all misconduct of any member of his 
 company. 
 
 Sec. 11. The firemen shall be divided into compa- 
 nies, to consist of as many members as the City Coun- 
 cil shall from time to time direct, to attend the fire en- 
 gines, hose wagons, and hooks and ladders, and it shall 
 be the duty of the firemen as often as any fire shall 
 break out in the city, to repair immediately, upon the 
 alarm, to their respective engines, hose wagons, hooks 
 and ladders, and convey them to or near the place where 
 such fire shall happen, unless otherwise directed by the 
 Chief or other Engineer, and there in conformity with 
 the directions given by the Chief Engineer or other 
 Engineers, to work and manage said engines or appa- 
 ratus and implements, with all their skill and power, 
 and when the fire is extinguished they shall not remove 
 therefrom but by the direction of an Engineer, and on 
 such direction they shall return their respective hose 
 wagons, engines, hooks and ladders, and other appa- 
 ratus to their several places of deposit. 
 
 Sec. 12. If any Assistant Engineer, Foreman, As- 
 sistant Foreman, or any other fireman having charge of 
 any fire company, disobeys or refuses to obey any order 
 
 * Qthor duties of Firo Wardens sec Chap. 21. 
 
FIRE DEPARTMENT. 
 
 CHAP. 88.] 
 
 273 
 
 or direction of tlie Chief Engineer, he may for such of- 
 fense be expelled from the Fire Department. 
 
 Sec. 13. It shall be the duty of all members of the Duties - 
 Fire Department to prevent all persons from loitering 
 in or about any house belonging to the department. 
 
 Sec. 14. No fire engine, hook and ladder, or hose 
 cart, during any fire in this city, or any other place, or 
 any report of fire, at any time, under any pretence 
 whatever, shall be taken or removed out of its house, 
 unless the Foreman or Assistant Foreman, or one of the 
 Engineers, or at least two of the firemen of the com- 
 pany to which the same belongs, shall be present and 
 consent thereto, under a penalty of ten dollars for every 
 such offense, to be forfeited and paid by and received 
 from any and every person aiding or assisting in such 
 act. 
 
 Sec. 15. Ho fire engine, nor hook and ladder, nor sidewalk pro- 
 hose cart, shall, in going to or returning from fires, or 
 at any other time, be run, driven, wheeled or placed 
 upon any sidewalk, except by the special order of the 
 Engineers, Foremen or Assistant Foremen of companies 
 under a penalty of twenty dollars for each offense, to 
 be forfeited and paid by every person so aiding or 
 assisting in such act, to be recovered by the City At- 
 torney, for the use of the corporation. 
 
 Sec. 16. Each fire company shall have power to Foreman, 
 elect a Foreman and Assistant Foreman, to take charge 
 of each piece of apparatus, under rules and regulations 
 to be adopted by such company. 
 
 Sec. 17. Each of said companies may adopt such constitution 
 
 . . tip -i** 7 -!* -| and rules. 
 
 constitution, by-laws and rules for their regulation and 
 government, subordinate to the ordinances of this city, 
 as they may deem best calculated to accomplish the ob- 
 jects of their organization, and said companies may each 
 elect such other officers besides Foreman and Assistant 
 Foreman as may be required by their constitutions. 
 
 Sec. 18. The engines and other apparatus shall be Engine house, 
 kept in such place as the City Council shall provide and c ‘ 
 
 35 
 
CITY ORDINANCES. 
 
 [CHAP. 83. 
 
 Engine kept in 
 city. 
 
 Removal and 
 destruction of 
 buildings. 
 
 Special limits. 
 
 Arrests. 
 
 274 
 
 designate, and it shall be the duties of the several com- 
 panies to keep the same always in order and ready for 
 immediate use. 
 
 Sec. 19. No company shall be permitted to go with 
 their engines or other fire apparatus beyond the limits 
 of the city, unless it be to attend fires in adjacent cities, 
 without the consent of the City Council. 
 
 Sec. 20. The Engineer in command, or in the ab- 
 sence of both the Chief Engineer and his Assistants, 
 the Mayor or any two Aldermen may direct the hook 
 and ladder men to cut down and remove any building, 
 erection or fence for the purpose of arresting the prog- 
 ress of any fire, and to the same end the Engineer, or 
 any such person as may be in command at any fire, may 
 with the advice and concurrence of two members of the 
 City Council, blow up or cause to be blown up with 
 powder or otherwise, any building or erection.* 
 
 Sec. 21. The Mayor, City Marshal, Fire Wardens, • 
 or such officers as may be in command of the police at 
 any fire, may prescribe limits within which no person 
 excepting those who reside therein, members of the 
 Fire Department, and those admitted by order of the 
 Mayor, Marshal, or some other officer of the police, or 
 Fire Wardens, shall be permitted to come, and it shall 
 be the duty of the police to aid in carrying out the pro- 
 visions of this section. 
 
 Sec. 22. At any fire, and for twelve hours after its 
 extinction, it shall be lawful for the Chief Engineer of 
 the Fire Department, or the Assistant Engineer, or the 
 Foreman of any fire company, or the Mayor, or any 
 member of the police, to arrest, without warrant, $ny 
 suspected person, or any person hindering or resisting 
 such officer, or any fireman in the discharge of his duty, 
 
 ^Destruction op Buildings at Fire.— Buildings may lawfully be destroyed 
 to prevent spread of fire. 2 Kent Com., 23S ; 4 T. Rep., 790 ; 2 Cart., (Ind.), [35 : 
 8 Met., 462, 465 ; 18 Wend., 126 ; 1 Zabrisk, (N. J.) 248. 
 
 And the city is not liable for the value of the building, unless made so by stat- 
 ute. 8 Met., 462, 465 ; 5 Cush., 269 ; 11 Cush., 433. 
 
 And the city of Davenport is not so made liable. 
 
CHAP. 88.] 
 
 FIRE DEPARTMENT. 
 
 275 
 
 or refusing to obey such officer, or conducting in a noisy 
 or disorderly manner, and to commit such person forth- 
 with to jail, and every such person so committed shall 
 remain until discharged upon trial and hearing before 
 some court or magistrate of competent jurisdiction. 
 
 Sec. 23. In all matters connected with the extin- ^J erofoffl ' 
 guisliment of fire or the protection of property, every 
 person not a fireman, who shall be present at any fire 
 in said city, shall be subject to the orders of the Chief 
 Engineer and his Assistant, the Mayor, Fire Warden, 
 
 Marshal, and other members of the police, and in case 
 such person shall refuse to obey such orders, he shall 
 forfeit and pay the sum of five dollars. 
 
 Sec. 24. It shall be lawful for the Chief Engineer, same, 
 or his Assistant, or the Foreman of any fire company, 
 or for any police officer, to request the aid of any dray- 
 man, with his horse and dray, or the driver of any 
 wagon, with his team and wagon, or any citizen, inhab- 
 itant or bystander, in dragging or conveying any fire 
 engine or other fire apparatus, and in working and 
 using the same while at fires, and such driver, drayman, 
 or teamster shall receive such compensation as the City 
 Council may prescribe, and in case of refusal or neglect 
 by such person to comply with such requisition, the of- 
 fender shall, for every default forfeit and pay a penalty 
 of not less than one dollar nor more than ten dollars.* 
 
 Sec. 25. There shall be two watchmen to attend the watchmen at 
 
 engine house 
 
 engine house, each to be on duty twelve hours of each 
 day, whose salary shall be fixed by the City Council, 
 whose duty it shall be to clean, burnish and oil, and 
 keep in order the engines, hose carts, hose and other 
 apparatus, and to act as policemen in and about the 
 premises, and they shall absolutely refuse admittance to 
 all boys into said engine house, and shall arrest and 
 lock up in the calaboose for trial all disorderly or 
 drunken persons found around such engine house. The 
 
 *See. 24 amended as above printed October 14, 1865. 
 
CITY ORDINANCES. 
 
 [CHAP. 88. 
 
 276 
 
 said watchman, after said engine house shall have been 
 provided with a tire alarm bell, shall, upon the breaking 
 out or alarm of tire, proceed at once to give the general 
 alarm by ringing the alarm bell, under such rules as 
 shall be prescribed by the City Council. 
 
 other °°m p a- Sec. 26. There shall be no tire company in this city, 
 or any association of firemen who are not organized un- 
 der this ordinance and subject to its provisions. 
 
 city council. Sec. 27. All constitutions or by-laws passed by any 
 fire company shall be approved by the City Council. 
 
 Hose protected. Sec. 28. If any person shall knowingly or wilfully 
 drive any wagon, cart, stage, coach, or other carriage 
 or vehicle, over, upon, or across any engine hose or 
 other hose while in use for the extinguishment of any 
 fire, or while in use at any annual or other meeting of 
 the Fire Department, or any fire engine or hose com- 
 pany, for inspection or exercise, such person or persons 
 so offending shall, for each and every such offense, for- 
 feit and pay a penalty of five dollars, unless permission 
 be granted by the Chief Engineer, Assistant Engineer, 
 Foreman or Assistant Foreman. 
 
 Action by Arc Sec. 29. Each fire company shall have power to 
 
 company. j. ^ •*- 
 
 commence a civil action before the Police Magistrate 
 or any competent court, against any member of the 
 company who fails or refuses to pay the dues, fines and 
 penalties accruing from him to the company, of which 
 he is a member, under the constitution and by-laws of 
 the company. Said action may be in the name of the 
 foreman for the benefit of the company. 
 
 Duties of com- Sec. 30. ISTo foreman of any piece of apparatus con- 
 
 nected with the Fire Department, in returning from 
 fires, alarms of fires, or from any other place to the en- 
 gine house, shall permit the members of his company 
 to haul or draw their engines, hose carts, hook and lad- 
 der carts, or other apparatus, at a greater speed than a 
 walk, and for each violation of this section the foreman 
 of each piece of apparatus, so offending, shall forfeit 
 and pay a fine of five dollars, to be recovered in the 
 
FIRE DEPARTMENT. 
 
 CHAPS. 88, 89. J 
 
 277 
 
 proper action for the benefit of the lire company of 
 which he is a member. 
 
 Sec. 31. There shall be a general review of the Fire Review 
 Department, engines and other fire apparatus, by the 
 Mayor and Aldermen, annually, on the third Wednes- 
 day of May. It shall be the duty of the Chief Engi- 
 neer to appoint a day and piace, in the city, for such 
 review, and give notice thereof to the Mayor and Ald- 
 ermen, and also public notice to the Fire Department 
 through one or more newspapers. 
 
 On the day appointed by the Chief Engineer, it shall 
 be the duty of all persons belonging to any division of 
 the Fire Department, to appear at the designated place 
 fully equipped for such reviewing ; and the different 
 companies shall bring their respective engines and 
 other fire apparatus. Any member of the Fire Depart- 
 ment failing to appear, without sufficient excuse, at a 
 review appointed as aforesaid, shall forfeit and pay, for 
 the benefit of the company to which he belongs, not 
 less than one nor more than five dollars. 
 
 Sec. 32. All ordinances and parts of ordinances in 
 conflict with this ordinance, are hereby repealed. 
 
 Passed and approved February 3, 1858.* 
 
 CHAPTER LXXXIX. 
 
 AN ORDINANCE . 
 
 Section 1. Immediately after the commencement of city Attorney 
 any action at law or in equity against the city of Dav- s£its. notlfled of 
 enport, it shall be the duty of the officer upon whom 
 notice of the commencement of said action is served, to 
 notify the City Attorney of the pending of such action. 
 
 Passed and approved February 17, 1858. 
 
 *Fire Engike.— Contracts by city in relation to the Fire Department are 
 within the scope of its power, and binding. See 19 Pick., 485. 
 
278 
 
 CITY ORDINANCES. 
 
 [CHAPS. 90, 91. 
 
 CHAPTER XC. 
 
 AN ORDINANCE to provide for a City Armory. 
 
 city Armory. Section 1. That the independent military companies 
 of this city shall have the right to use, for the purpose 
 of military instruction and drill, such rooms as the 
 City Council shall provide, which rooms shall be called 
 the city armory, and such rooms shall be furnished by 
 and at the expense of the companies so using the same. 
 
 Same - Sec. 2. All military companies of this city shall, 
 
 when not in actual parade, service, duty or excursion, 
 deposit and keep in said city armory all muskets, rifles 
 and guns used or owned by said military companies. 
 
 Armorer. Sec. 3. The Marshal of this city shall be, ex officio , 
 
 the City Armorer, and shall keep the keys of such Ar- 
 mory, and shall at all times open the doors of such Ar- 
 mory upon the request of the Mayor of the city, or 
 either of the commanding officers of the military com- 
 panies of this city, except in times of riot, and then the 
 Mayor alone shall have the right to command the open- 
 ing or closing of the city armory. 
 
 Passed and approved March 3, 1858. 
 
 CHAPTER XCI. 
 
 AN ORDINANCE concerning lamps and lamp dis- 
 tricts. 
 
 Lamp Districts. Section 1. That the following limits, to-wit: All 
 
 that part of the city situated within a distance of two 
 hundred feet of the public lamps, which may be erected 
 in any street or avenue, shall be deemed to be the lamp 
 district of the division in which the same is situated. 
 The limits of said district may be extended from time 
 to time by the extension of public lamps, by a resolu- 
 tion of the City Council. Lamps shall in all cases be 
 placed at proper distances in the districts, under the di- 
 
CHAP. 91.] 
 
 LAMPS AND LAMP DISTRICTS. 
 
 279 
 
 rection of the Committee on Gas Lights, appointed by 
 the City Council. When lamp districts are extended 
 the provisions of this ordinance shall apply thereto. 
 
 Sec. 2. The City Council shall, on being petitioned special tax. 
 to do so by the owners of more than half the property 
 to be taxed, annually levy on the real estate in the lamp 
 districts, in the same manner as the general taxes are 
 assessed, a sufficient tax to defray three-fourths the ex- 
 pense of erecting lamps and lighting the streets therein. 
 Provided , that all that portion of such expense incurred 
 in erecting new lamp posts shall in each case be equita- 
 bly levied and assessed upon the real estate of the block 
 opposite to the lamp post so erected on the same side 
 of the street. It shall be the duty of the City Clerk 
 to keep separate and accurate accounts of the expendi- 
 tures in each district, and the money collected therein 
 by tax, which shall be termed the “street lamp ac- 
 count,” and whenever a tax shall be assessed upon the 
 real estate of any lamp district, or upon the real estate 
 of the block opposite, where new lamp posts may be 
 erected, as aforesaid, the Clerk shall rule appropriate 
 columns in the Collector’s warrant for general taxes, for 
 the entry and collection thereof, and the same shall be 
 collected by the Collector with the same power as such 
 general taxes.* 
 
 Sec. 3. Any person who shall carelessly or mali- Lamp^ posts 
 ciously break, deface, or in any way injure or destroy 
 any lamp or lamp post, in this city, shall forfeit the 
 penalty of ten dollars for each offense, together with 
 the expenses, cost and charges that may be incurred in 
 repairing the injuries committed, to be recovered for the 
 use and benefit of the treasury. 
 
 Sec. 4. Any person who shall climb upon, or hitch same, 
 any horse or any other animal to any public lamp post, 
 or hang or place any goods or merchandise thereon, or 
 place any goods, boxes, wood or other heavy material 
 
 *Sec. 2 amended as above printed September 24, 1866. 
 
CITY ORDINANCES. 
 
 [CHAPS. 91, 92. 
 
 280 
 
 How assessed 
 and collected. 
 
 against the same, or who shall extinguish or cause to he 
 extinguished, or light or cause to be lighted any of said 
 lamps, unless duly authorized to do so by the proper 
 authorities, shall forfeit and pay the penalty of live 
 dollars for each offense. 
 
 Sec. 5. The assessment of taxes contemplated in 
 this ordinance shall be made by the City Assessor, upon 
 all real estate in the lamp district, in the same manner 
 as the general annual assessment for city taxes is made, 
 and said lamp taxes shall be levied and collected in like 
 manner. 
 
 Passed and approved March 3, 1858. 
 
 CHAPTER XCII. 
 
 AN ORDINANCE as to rules and order of business. 
 
 Section 1. That the following shall be the rules and 
 order of business for the City Council of this city : 
 
 MEETINGS OF THE COUNCIL. 
 
 Time of regular Rule 1. Regular meetings of the City Council shall, 
 
 meetings. ~ ~ ^ 
 
 from and after December 1st, 1866, be held at half past 
 seven o’clock P. M., on the first and third Wednesday 
 special meet- of each month. Notices of special meetings shall be 
 
 ings. See ciTitB ^ 
 
 p. si. ’served by the Marshal on each Alderman personally, or 
 Marshai to at- py leaving the same at his usual place of abode. The 
 and have charge Marshal shall have charge of the Council room, and 
 
 of room. ° 
 
 give his attendance at the meetings of the Council. 
 
 ORDER OF BUSINESS. 
 
 Roii caii. Rule 2. At the hour appointed for the meetings, 
 
 the Clerk shall proceed to call the roll of members, 
 marking the absentees, and announce whether a quo- 
 rum is present. If a quorum be present, the Council 
 Quorum de- shall proceed to the business before it. Seven mem- 
 
 fined, * 
 
 bers, exclusive of the Mayor, shall be necessary to con- 
 
CHAP. 92 .] RULES AND ORDER OF BUSINESS. 281 
 
 stitute a quorum ; less than a quorum may adjourn and 
 compel the attendance of members. 
 
 The following shall be the order of business : 
 
 1st. The reading of the minutes of the proceedings^ 1 of1nlsl 
 of the last meeting or meetings, amendment and ap- 
 proval of the same. 
 
 2d. The presentation of petitions and other commu- 
 nications. 
 
 3d. Reports of city officers. 
 
 4th. Reports of standing committees. 
 
 5th. Reports of select committees. 
 
 6tli. Unfinished business of preceding meeting. 
 
 7th. Miscellaneous resolutions, motions, etc. 
 
 Rule 3. All questions relating to the priority of Nodebate * 
 business shall be decided without debate. 
 
 DUTIES AND PRIVILEGES OF THE PRESIDENT. 
 
 Rule 4. The Mayor shall preserve order and de- Ma yo r presides 
 corum, and shall decide all questions of order, subject 
 to an appeal to the City Council. He shall have the Appeal, 
 casting vote on all questions upon which the City CaBtin s vote - 
 Council is equally divided, but not otherwise. 
 
 Rule 5. While the Mayor is putting the question Decorum, 
 no member shall walk across or out of the Council 
 room. 
 
 Rule 6. Every member, previous to his speaking, 35S*ed.° b ° ad 
 shall rise from his seat, and address himself to the 
 Mayor, and say “Mr. Mayor,” but shall not proceed 
 with his remarks until recognized and named by the 
 Chair. 
 
 Rule 7. When two or more rise at once, the Mayor who ehaii 
 
 ' d speak. 
 
 shall name the member who is first to speak. 
 
 DUTIES AND PRIVILEGES OF MEMBERS. 
 
 Rule 8. When a member wishes to present a com- Leave to re- 
 munication, petition or report, he shall rise in his place 
 and address the Chairman in the usual form, and 
 having briefly stated the subject of his communication 
 or report, ask leave to present the same. 
 
 36 
 
CITY ORDINANCES. 
 
 [CHAP. 92. 
 
 282 
 
 Limit on speak- Rule 9. No member shall speak more than twice on 
 
 ing. , i 
 
 the same general question, nor more than once on a 
 previous question. 
 
 calling to order. Rule 10. A member called to order while speaking, 
 shall immediately cease speaking and sit down, unless 
 permitted to explain. If there be no appeal, the de- 
 cision of the Chair shall be conclusive ; but, if the 
 member appeal from the decision of the Chair, the 
 City Council shall decide on the case without debate. 
 
 Decorum. Rule 11. While a member is speaking no member 
 
 shall hold any private discourse, nor pass between the 
 speaker and the Chair. 
 
 ^ce S pt al Lc° te ’ Rule 12. Each member who shall be present when 
 a question is stated from the Chair, shall vote thereon, 
 unless he is directly interested in the question, in which 
 case he shall not vote. 
 
 MOTIONS AND RESOLUTIONS. 
 
 Motion to be Rule 13. No motion shall be put or debated unless 
 
 seconded and r 
 
 put in writing r i s seconded. When a motion is seconded, it shall be 
 
 when required. 7 
 
 stated by the Mayor before debate, and every motion 
 shall be reduced to writing, if required by the Mayor 
 or any Alderman. 
 
 Withdrawal of Rule 14. After a motion or resolution is stated by 
 the Mayor, it shall be deemed to be in the possession 
 of the City Council, but it may be withdrawn at any 
 time before decision or amendment. 
 
 Name of Aider- Rule 15. In all cases where a resolution or a motion 
 
 men. 
 
 is entered on the minutes of the City Council the name 
 of the member moving the same shall be entered also. 
 
 ^qu S ir a cd d in lays Rule 16. In all cases of the adoption, repeal or 
 
 aiice?&c rdin ' amendment of an ordinance the ayes and nays shall be 
 taken and entered on record. But a failure thus to 
 enter them shall not invalidate the action of the Coun- 
 cil. In all other cases, if any member requires it, and 
 his motion is seconded, the ayes and nays on any ques- 
 tion shall be taken and entered upon the minutes ; but 
 the ayes and nays shall not be taken, unless called for 
 previously to any vote on the question. No ordinance 
 
CHAP. 92.] RULES AND ORDER OF BUSINESS. 
 
 283 
 
 shall be adopted, or amended, or repealed, at the same Eight votes re- 
 
 . . . A ' quired to pass 
 
 meeting at which it is introduced, unless eight members ordinance at 
 
 * ° . first meeting, 
 
 of the Council shall vote in favor of such adoption, 
 amendment or repeal. 
 
 Rule 17. When a question is under debate, the only g^er of m °- 
 motion in order shall be : 1st. To adjourn ; 2d. The 
 previous question ; 3d. To lay on the table ; 4th. To 
 postpone indefinitely; 5tli. To adjourn to a certain 
 day; 6th. To refer; 7th. To amend; and such mo- 
 tions shall have precedence in the order herein ar- 
 ranged — the first three to be decided without debate. 
 
 ADJOURNMENT. 
 
 Rule 18. A motion to adjourn the City Council ^j i ontoa(1 ‘ 
 shall always be in order, except, 1st. When a member 
 is in possession of the floor ; 2d. While the yeas and 
 nays are being called ; 3d. When the members are 
 voting ; 4th. When adjournment was the last preceding 
 motion ; or 5th. When it has been decided that the 
 previous question shall be taken. 
 
 Rule 19. A motion to adjourn, simply, cannot be Same> - 
 amended ; but a motion to adjourn to a given time, 
 may be and is open to debate. 
 
 PREVIOUS QUESTION. 
 
 Rule 20. When the previous question is moved and Previous ques- 
 put, it shall be in this form : “ Shall the main question 
 
 be now put ?” If this is carried, all proposed amend- 
 ments, and all further motions and debate shall be ex- 
 cluded, and the question is put without delay. 
 
 TO LAY ON THE TABLE. 
 
 Rule 21. A motion to lay a question on the table, Motion to lay 
 simply, is not debatable, but a motion to lay on the ° n a 
 table and publish, or any other condition, is subject to 
 amendment and debate. 
 
284 
 
 CITY ORDINANCES. 
 
 [CHAP. 92. 
 
 Postponement. 
 
 Reference. 
 
 To amend. 
 
 Same. 
 
 Strike out and 
 insert. 
 
 Reconsidera- 
 
 tion. 
 
 Same. 
 
 Same . 
 
 Committees— 
 how appointed. 
 
 INDEFINITE POSTPONEMENT. 
 
 Rule 22. When a motion is postponed indefinitely, 
 it shall not be taken up again during the same meeting. 
 
 TO REFER. 
 
 Rule 23. A motion to refer to a standing committee 
 shall take precedence of a similar motion for a special 
 committee. 
 
 TO AMEND. 
 
 Rule 24. A motion to amend an amendment shall 
 he in order ; but to amend an amendment to an amend- 
 ment shall not be entertained. 
 
 Rule 25. An amendment modifying the intention 
 of a motion shall be in order ; but an amendment re- 
 lating to a different subject shall not be in order. 
 
 Rule 26. On a motion to “ strike out and insert,” 
 the paragraph to be amended shall first be read as it 
 stands, the words proposed to be struck out, and those 
 to be inserted, and finally, the paragraph as it would 
 stand if so amended. (See Rule 40.) 
 
 RECONSIDERATION. 
 
 Rule 27. A motion may be reconsidered at any 
 time during the same meeting, or at the first meeting 
 held thereafter. A motion for a reconsideration being 
 once made and decided in the negative, shall not be 
 renewed before the next meeting. 
 
 Rule 28. A motion to reconsider must be made and 
 seconded by members who voted in the majority, or by 
 those who were absent and did not vote upon the mo- 
 tion to be reconsidered. 
 
 Rule 29. No question shall be reconsidered more 
 than once, nor shall a vote to reconsider be reconsid- 
 ered. 
 
 COMMITTEES. 
 
 Rule 30. All standing committees shall be ap- 
 
CHAP. 92.] 
 
 RULES AND ORDER OF BUSINESS. 
 
 285 
 
 pointed by the Mayor, and all special committees shall 
 be appointed by the Mayor, unless otherwise specially 
 directed by the City Council. 
 
 Rule 31. All standing committees of the City Coun- ™ en appoint ' 
 cil shall be appointed by the Mayor annually, on 
 entering upon the duties of his office ; and the first Chairman - 
 person named shall be the chairman thereof. 
 
 The following shall be the standing committees : mutSf Com 
 
 1. On Ordinances. 
 
 2. On Finance. 
 
 3. On Streets. 
 
 4. On Fire and Water. 
 
 5. On Grades. 
 
 6. On Printing. 
 
 7. On Police. 
 
 8. On Claims. 
 
 9. On Gas Lights. 
 
 10. On Public Buildings and Public Grounds. 
 
 11. On Licenses. 
 
 12. On Sidewalks. 
 
 Pule 32. The standing committees of the City Three members 
 Council shall consist of three members each. 
 
 SPECIAL COMMITTEES. 
 
 Rule 33. All special committees shall consist of Number of 
 three members each, unless some other number be spec- Suttee! Com " 
 ified ; and the first person named shall be chairman. 
 
 Rule 34. On the acceptance of a final report from a Discharge, 
 special committee, the said committee shall be consider- 
 ed discharged without a vote, unless otherwise ordered. 
 
 JURISDICTION OF COMMITTEES. 
 
 Rule 35. All matters relating exclusively to the street commit- 
 streets and alleys, shall be referred to the street com- 
 mittee, unless otherwise directed by the Council. 
 
 REPORTS OF COMMITTEES. 
 
 Rule 36. Standing and select committees, to whom Reports. 
 
CITY ORDINANCES. 
 
 [CHAP. 92. 
 
 286 
 
 references are made, shall in all cases report in writing 
 the state of facts, with their opinion thereon. 
 
 Requisites of. Rule 37. All reports of committees shall be ad- 
 dressed “ To the Mayor and Aldermen of the city of 
 Davenport, in Council assembled they shall briefly 
 describe the matter referred, and the conclusion to which 
 the committee have arrived, which conclusion shall be 
 summed up in the form of an order, resolution or rec- 
 ommendation. 
 
 DUTIES OF THE CLERK AND MARSHAL. 
 
 cierk to for- Rule 38. The City Clerk shall forward all the pa- 
 
 ward and Mar- J ^ x 
 
 shai to deliver p ers to the appropriate committees and officers, as early 
 
 papers. *- x r r 7 J 
 
 as the next day after the reference shall have been made ; 
 and it shall be the duty of the Marshal to deliver them. 
 
 miscellaneous. 
 
 Bins and Rule 39. All bills and claims against the city shall 
 
 claims. n . . ° .. u 
 
 be reierred to some committee, and shall lie over until 
 the next meeting of the Council, unless the same shall 
 have been examined by the appropriate committee and 
 payment recommended by a majority of such commit- 
 tee, in which case bills and claims may be passed and 
 allowed, without being referred, at the same meeting at 
 which they are presented. 
 
 Resolutions Rule 39^. Mo resolution or other action of the City 
 
 and acts appro- „ .. . , . . . . n 
 
 priating money. Council appropriating money, or involving the appro- 
 priation of money, shall be passed at the same session 
 of the Council at which it is presented, unless by unan- 
 imous consent, but shall, unless such unanimous con- 
 sent is had, be referred to some appropriate committee, 
 who shall report at the next meeting of the Council. 
 
 Ordinances— Rule 40. In all proceedings to amend or change an 
 
 how amended,] orc ji nance? or sec tion thereof, the proposed amendment 
 
 shall contain the entire ordinance, or section thereof, to 
 be amended or changed, and the former ordinance or 
 section shall be repealed. In other words, an ordinance 
 or section shall not be amended by striking out, insert- 
 
CHAPS. 92, 93, 94.] MEASUREMENT OF MASONRY. 
 
 287 
 
 ing or adding words ; but the former ordinance or sec- 
 tion (as the case may be) shall be repealed, and the 
 new one, as amended, written out in full and substi- 
 tuted in its place. 
 
 Rule 41. The foregoing rules may be temporarily change of 
 suspended by unanimous consent of all members present; 
 but shall not be repealed, altered or amended, unless by 
 concurrence of two-thirds of all the Aldermen elected. 
 
 All acts, ordinances, resolutions and rules in conflict 
 with these rules are hereby repealed. 
 
 Passed and adopted June 2, 1858. Amended Sep- 
 tember 24, 1866. 
 
 Passed and approved September 24, 1866 ; and Rules 
 No. 39J and 40 adopted November 7, 1866. 
 
 Note.— Charter gives Council power to determine the rules for its proceedings. 
 
 See ante , p. 80. 
 
 CHAPTER XCIII. 
 
 AN ORDINANCE relating to the measurement of 
 stone and brick masonry. 
 
 Section 1 . That all stone or brick masonry done or Rule for meas- 
 performed by virtue of any contract, express or implied, rnTity“on° nry 
 with the city, shall be measured by the actual amount 
 of work done, that is to say, brick work by the actual 
 number of brick, and stone work by the actual number 
 of feet in the building, culvert, or other structure, any 
 custom to the contrary notwithstanding. 
 
 Passed and approved September 24tli, 1866. 
 
 CHAPTER XCIY. 
 
 AN ORDINANCE authorizing the erection of hay 
 scales on Harrison street , bet/ween Fourteenth and 
 Fifteenth. 
 
 Section 1 . That William Renwick, his heirs or as- 
 
CITY ORDINANCES. 
 
 [CHAPS. 94, 95, 86. 
 
 Scales author- 
 ized. 
 
 How long. 
 
 High street 
 vacated. 
 
 Re-located. 
 
 Alley vacated. 
 
 288 
 
 signs, are hereby authorized and empowered to erect hay 
 or platform scales in front of his office, on Harrison 
 street, between Fourteenth and Fifteenth streets. 
 
 Sec. 2. Said hay or platform scales may be kept on 
 said street as long as it does not obstruct or interfere 
 with the business thereof. 
 
 Adopted November 5, 1862. 
 
 CHAPTER XCV. 
 
 AN ORDINANCE to vacate and re-locate High street 
 between Chestnut and Grove streets. 
 
 Section 1. High street as designated in the plat of 
 the city of Davenport, between the west line of Chest- 
 nut street and the west line of Grove street, be and the 
 same is hereby declared vacant and discontinued as a 
 street. 
 
 Seg. 2. High street be and is hereby declared re- 
 located on said tract of land sixty-eight and one-third 
 (68-J) feet south of High street, in accordance with plat 
 executed by W. D. Clark, City Engineer, to be used 
 and continued as a street. 
 
 Passed and approved March 14, 1866.* 
 
 CHAPTER XCVI. 
 
 AN ORDINANCE to vacate and discontinue a street 
 or alley in block 71, Le Claire's 5th Addition. 
 
 Section 1. Whereas, The property owners adjoin- 
 ing a street, or alley, forty feet wide, running from 
 Iowa street to Le Claire street, on the south side of 
 Market Place as designated on plat of sub-division of 
 
 *Note.~ T here was a preamble to this ordinance which is omitted in this re- 
 print. 
 
CHAPS. 96, 97.] 
 
 CITY CEMETERY. 
 
 289 
 
 block seventy-one, in Le Claire’s Fifth Addition to the 
 city of Davenport, have filed their consent in writing 
 that the first one hundred and sixty feet thereof east 
 from Iowa street, be vacated and discontinued ; There- 
 fore, said one hundred and sixty feet east of Iowa street, 
 by forty feet wide of said street or alley on south ggde 
 of Market Place, as designated in said sub-division of 
 block seventy-one as aforesaid, be and the same is 
 hereby declared to be vacated and discontinued as a 
 street or alley. 
 
 Sec. 2. That the above vacation shall be upon the Condition - 
 express condition that John J. Burtis shall, at his own 
 proper cost and expense, put down and finish, within 
 thirty days from the passage hereof, a plank sidewalk 
 not less than two inches thick by four feet wide, laid on 
 strong pieces, along the north front of said Market 
 Place, from Iowa to Le Claire street. 
 
 Passed and approved August 4, 1865. 
 
 CHAPTEK XCYII. 
 
 AN ORDINANCE in relation to the City Cemetery 
 of the city of Davenport. 
 
 Section 1. Any person who shall trespass upon said cemetery— 
 
 . ... 7 x trespasses for 
 
 cemetery, by destroying, injuring or defacing any grave, wdden. 
 vault, tombstone or monument, or any building, fence, 
 tree, shrub, flower, or anything belonging to said cem- 
 etery, shall be deemed guilty of a breach of this ordi- 
 nance, and upon conviction, pay a fine to the city of 
 Davenport of not less than one nor more than one hun- 
 dred dollars, and moresoever, may be sued in the name 
 of the city for any damage sustained by such trespass. 
 
 Sec. 2. The City Sexton shall ex officio be a special sexton's duty 
 policeman. 
 
 Passed June 23, 1865. 
 
290 
 
 CITY ORDINANCES. 
 
 [CHAPS. 98, 99. 
 
 Road fund. 
 
 Paying over 
 
 Not to be di- 
 verted. 
 
 License re- 
 quired. 
 
 CHAPTER XCVIII. 
 
 AN ORDINANCE to appropriate funds arising from 
 
 Weighers ’ certificates , licenses , and rents or incomes 
 for public grounds or buildings. 
 
 Section 1 . That all moneys arising from receipts for 
 weighers’ certificates, licenses, ancl rents or incomes 
 from public grounds or buildings, are hereby set apart 
 to, and shall be paid into and constitute a part of the 
 road fund of the city. 
 
 of - Sec. 2. It shall be the duty of the Clerk, City Col- 
 lector, or other person who may legally receive monies 
 due the city for weighers’ certificates, licenses, and 
 rents and incomes for the public grounds and buildings, 
 to pay them to the City Treasurer into the street fund, 
 and the City Treasurer shall receive and enter the same 
 as road fund. 
 
 Sec. 3. Ho moneys arising from any of the above 
 sources shall be appropriated or paid on any other ac- 
 count than city orders upon the road fund. 
 
 Sec. 4. All ordinances or rules in contravention to 
 this ordinance are hereby repealed. 
 
 Passed and approved July 11, I860. 
 
 CHAPTER XCIX. 
 
 AN ORDINANCE relating to persons commonly 
 called substitute brokers. 
 
 Section 1 . That no substitute broker or brokers 
 within the city of Davenport, from and after the pass- 
 ing of this ordinance, shall solicit, invite, or seek to 
 induce any man or men to become substitutes for others 
 in the military service of the United States, as volun- 
 teers or otherwise ; nor shall such substitute broker or 
 brokers, within the city of Davenport, solicit, invite or 
 seek to induce any man or men, by placard, by public 
 
CHAP. 99, 100.] 
 
 WEIGHTS AND MEASURES. 
 
 291 
 
 advertisement, or by any other means whatever, to 
 resort to them, to their places of business, or to any 
 place or person, for the purpose of becoming substitutes 
 or otherwise [enlisting them into the service of the 
 United States, without having tirst obtained a license 
 therefor, as hereinafter provided. Provided , That Proviso - 
 
 nothing in this ordinance shall prevent any person from 
 providing a substitute for himself, nor shall prevent the 
 citizens of Iowa from procuring such substitutes or 
 volunteers through committees appointed, by such citi- 
 zens to act for them. 
 
 Sec. 2. The City Clerk is hereby authorized to issue Fee, 
 licenses to substitute brokers in the city of Davenport, 
 for the term of one year, upon the receipt from the City 
 Marshal for one thousand dollars, being produced to 
 him therefor by the person asking for such license. 
 
 And the Clerk is authorized to collect a fee of one dol- 
 lar for issuing said license. 
 
 Sec. 3. No more than one person shall be author- only one to 
 
 x under one 
 
 ized^to act under one license. license. 
 
 Sec. I. Any person who shall violate any provision Penalty, 
 of this ordinance, on conviction thereof, shall forfeit 
 and pay a fine to the city of Davenport of one hundred 
 dollars for each offense. 
 
 Sec 5. That the ordinance entitled “An ordinance Repeal, 
 relating to persons commonly called substitute brokers,” 
 passed and approved January 4, 1865, be and hereby is 
 repealed. 
 
 Passed and approved January 12, 1865. 
 
 [Note.— The validity of this ordinance admits of doubt, but it has not been re- 
 pealed ] J. F. D. 
 
 CHAPTER C. 
 
 AN ORDINANCE for the regulation of weights and 
 measures. 
 
 Section 1 . That hereafter there shall be a regula- 
 
CITY ORDINANCES. 
 
 [CHAP. 100. 
 
 Weights and 
 measures regu- 
 lated. 
 
 Standards. 
 
 Duties of In- 
 spector and 
 Sealer defined. 
 
 Penalty. 
 
 Corrected and 
 sealed. 
 
 292 
 
 tioii of weights and measures within this city, and the 
 standard adopted by the State of Iowa shall be the test 
 by which they shall be compared and determined. 
 
 Sec. 2. The City Council, at the expense of the 
 city, shall procure correct and approved standards, with 
 their necessary sub-divisions, for the purpose of testing 
 and proving the weights and measures of said standard 
 used in the city. 
 
 Sec. 3. It shall be the duty of the Inspector and 
 Sealer of weights and measures, at least once in every 
 year to examine and test the accuracy of all weights 
 and measures, scales, or other instruments or things 
 used by any person for weighing or measuring any 
 article for sale in said city of Davenport ; to stamp 
 with a suitable seal all weights and measures and scales 
 so used, which he may find correct, and deliver to the 
 owner thereof a certificate of their accuracy ; to con- 
 demn all weights, measures and scales which he may 
 find incorrect upon such inspection, and to cause the 
 owner thereof to have them corrected and made con- 
 formable to said standard in the manner hereinafter 
 provided, and any person refusing to exhibit any 
 weights, measures or scales, or instruments for weigh- 
 ing or measuring, to said Sealer, for the purpose of ex- 
 amination and inspection, as aforesaid, or obstructing 
 him in the performance of his duty, shall forfeit a pen- 
 alty of not less than five dollars, nor more than twenty - 
 five dollars, for each offense, recoverable before any 
 court or Justice having jurisdiction of the same within 
 the city. 
 
 Sec. d. It shall be the duty of said Inspector and 
 Sealer of weights and measures to examine and put in 
 good order, and seal, all weights, measures, beams and 
 scales at the several places where the same are used ; 
 but, if they be found not conformable to the standard 
 of the State, they shall be sent by the owner thereof to 
 such place in the city as the Sealer may direct, for the 
 purpose of being repaired and adjusted, and the same 
 
CHAP. 100.] 
 
 WEIGHTS AND MEASURES. 
 
 293 
 
 shall be sealed within ten days after they may have 
 been tested and condemned, and any person offending 
 against the provisions of this section, shall, on con- 
 viction thereof before any Court of Justice of said city 
 having jurisdiction, be fined in any sum not exceeding Penalty - 
 twenty-five dollars. 
 
 Sec. 5. The Inspector and Sealer of weights and Feee - 
 measures shall be allowed to receive the following fees 
 of office for services rendered by him under this ordi- 
 nance, viz : For inspecting and sealing platform scales of 
 live thousand pounds and upwards, including weights, 
 one dollar ; of less denominations, including weights, 
 fifty cents each. For inspecting and sealing large 
 beams weighing one thousand pounds and upwards, in- 
 cluding weights, twenty-five cents ; of smaller denomi- 
 nations, fifteen cents each. Counter scales, including 
 weights, fifteen cents. For comparing and sealing any 
 measures, bushels, ten cents ; half-bushel, five cents ; 
 less denominations, each three cents. For comparing 
 and sealing wine measures, each three cents ; for com- 
 paring, inspecting and sealing cloth and board meas- 
 ures, each five cents ; for inspecting and testing the 
 several scales of the city for the weighing of hay and 
 coal, one dollar each. 
 
 Sec. 6 . The Inspector of weights and measures shall Expenses 
 be entitled to charge and receive the fees as specified 
 in this ordinance from the owner, and he shall, in every 
 case where he may employ labor and material in 
 making the same accurate, be entitled to a just com- 
 pensation therefor. 
 
 Sec. 7. It shall not be lawful for the aforesaid In- How often to 
 spector to make the aforesaid charges for inspecting charge * 
 and testing weights, measures and scales, as aforesaid, 
 oftener than once in each year, unless at the request of 
 the owner, or if any person or persons shall complain 
 of the inaccuracy of the scales, weights or measures, 
 when he shall be entitled to his regular fees. 
 
 Sec. 8 . hTo person shall make use of any weight, 
 
CITY ORDINANCES. 
 
 [CHAP. 100. 
 
 Use of unsealed 
 weights for- 
 bidden. 
 
 Penalty. 
 
 Register and 
 report. 
 
 Election of In- 
 spector. 
 
 294 
 
 scale, measure or other instrument for weighing or 
 measuring any article for sale in this city, until the 
 same has been duly examined and sealed by the Sealer 
 of weights and measures, under a penalty of not less 
 than five nor more than twenty-five dollars, recovera- 
 ble before any Court of Justice having competent juris- 
 diction in this city. All persons using weights, meas- 
 ures, scales or other instruments for measuring any 
 article for sale in this city, which have been sealed, 
 shall, upon application of the Sealer of weights and 
 measures, allow the same to be examined, tested and 
 sealed as herein provided, under a penalty of not less 
 than five nor more than twenty-five dollars, for failing 
 so to do, and any person or persons altering any weights 
 measures or scales, causing the same to weigh or meas- 
 ure incorrectly, shall, on conviction thereof before any 
 Justice of said city, be fined in any sum not exceeding 
 one hundred dollars. 
 
 Sec. 9. It shall be the duty of said Sealer to make a 
 regular register of all weights and measures, scale-beams 
 and steelyards, or other instruments inspected by him, in 
 which he shall state the names of the owners of the 
 same, and whether they are conformable to the stand- 
 ard of the State. And it shall also be his duty to re- 
 port to the City Council the names of all persons whose 
 weights, measures, scale-beams or steelyards are incor- 
 rect, and to deliver a copy of his said register to the 
 Clerk of the city. 
 
 Sec. 10. The Inspector of weights and measures 
 shall be chosen annually by the City Council on the 
 first Wednesday of April, after the annual city election, 
 and shall hold his office for the term of one year from 
 the time of his appointment and until his successor is 
 duly elected and qualified. 
 
 Sec. 11. There shall be chosen on the first Wednes- 
 day of December, 1862, by the City Council, an In- 
 spector of weights and measures, to serve until an In- 
 spector is duly elected and qualified in accordance with 
 the provisions of section 10 of this ordinance. 
 
CHAPS. 101, 102.] GIFT ENTERPRISES.— GUNPOWDER . 
 
 295 
 
 Sec. 12. Complaints to the Inspector need not be 
 in writing, and the name of the person complaining 
 shall, if requested, be kept confidentially by the In- 
 spector, unless upon the request of the Council. The 
 report provided for in section 9 shall be published in 
 the official paper of the city. 
 
 Adopted December 3, 1862, August 10, 1865. Sec. 
 12 passed September 24, 1866. 
 
 CHAPTER Cl. 
 
 AN ORDINANCE in regard to persons carrying on 
 the business commonly called gift enterprises. 
 
 Section 1 . That all persons who hereafter carry on License re- 
 
 x • 47 quired. 
 
 in said city of Davenport the business which is com- 
 monly called gift enterprise, shall be required to pay 
 into the city treasury, as a license therefor, the sum of 
 five dollars per day, or fifteen dollars per week, or 
 twenty-five dollars per month, or two hundred dollars 
 per year, and in each case to the City Clerk one dollar 
 fee for issuing such license. 
 
 Sec. 2. Any person violating any provision of this Penalty, 
 ordinance shall pay for each offense a fine of not less 
 than ten dollars and of not more than one hundred dol- 
 lars. 
 
 Passed and approved December 14, 1864. 
 
 CHAPTER CII. 
 
 AN ORDINANCE in relation to gunpowder , designed 
 to prevent fires and injuries to persons and property . 
 
 Section 1 . It shall not be lawful for any person h ow much may 
 within the limits of the city of Davenport to keep any whom. 1 ’ and hy 
 gunpowder, except in the manner following, to-wit : 
 
 The head of a private family, for his own use, may keep 
 not exceeding 6J pounds ; thirty pounds may be kept 
 
CITY ORDINANCES. 
 
 [CHAPS. 102, 103. 
 
 296 
 
 by retail merchants for retail, and one hundred pounds 
 by wholesale merchants for wholesale, and quarrymen 
 twenty-five pounds ; provided , however , that the 61- 
 pounds shall be kept in closed kegs or tin canisters. 
 The retail merchant shall keep his so that it shall be 
 secure and easily removed in case of fire, and the 
 wholesale merchant shall keep that allowed to be kept 
 by him in a fire-proof or zinc box, closely and tightly 
 covered, and so that it can be easily removed in case of 
 fire, and to the satisfaction and under the direction of 
 the Marshal, or any fire warden of the city. 
 
 P» nd Sec. 2. It shall be the duty of the Marshal to seize all 
 powder kept contrary to this ordinance, file an informa- 
 tion against the owner or possessor, and upon its being 
 found that the powder was illegally kept, the owner 
 shall be adjudged to pay a fine not exceeding one hun- 
 dred dollars, and the powder thus illegally kept, shall 
 be forfeited to the city, sold and the proceeds paid into 
 the city treasury. 
 
 Passed and approved September 29, 1866. 
 
 CHAPTER CIII. 
 
 AN ORDINANCE in relation to vicious dogs and un- 
 ruly animals. 
 
 Not to be at Section 1. All persons owning, or having charge of 
 or control over unmuzzled dogs which attack or bite 
 people, or owning or having control over cattle or 
 other domestic animals which attack, gore, or injure 
 people, are hereby required to keep them from running 
 at large in the streets and other public places in the 
 city. 
 
 Marshal’s duty. Sec. 2. The Marshal, upon being satisfied that there 
 are vicious dogs or unruly animals at large, shall, if 
 practicable, notify in writing, (keeping a copy) the 
 owner or person in control or charge of such animals 
 to restrain the same from running at large, and he 
 
CHAPS. 103, 104.] 
 
 RUNNING OF CARS. 
 
 297 
 
 may or may not, at liis discretion, institute a suit for a 
 violation of section one of this ordinance occurring be- 
 fore such notice is given. 
 
 Sec. 3. If satisfied that a dog is accustomed to seize ^®" g he may 
 or bite people, or is vicious, and has actually bitten one 
 or more persons in the city, the Marshal may, if he finds 
 such dog at large, kill the same without previous notice 
 to the owner, or he may, if he sees fit, without killing 
 the animal, notify the owner as provided in section two, 
 and prosecute him for a violation of section one. 
 
 Sec. 4. Whoever violates section one shall be fined Penalty - 
 not less than one nor more than five dollars. If the 
 animal is found at large, after the notice given to the 
 owner as provided in section two, the fine may he for 
 any sum not exceeding twenty dollars. 
 
 Passed and approved September 24, 1866. 
 
 CHAPTER CIV. 
 
 AN ORDINANCE to regulate the running of cars on 
 the streets of the city. 
 
 Section 1 . Ho person under the age of sixteen Minor* not to 
 
 J- . ° jump on cars. 
 
 years, shall, within the city limits, seize, hang upon, or 
 attempt to seize, hang upon, or get upon cars while the 
 same are in motion in the streets of the city, and who- 
 ever does so is guilty of a misdemeanor and liable to be 
 fined in a sum not exceeding five dollars for each of- 
 fense ; and the better to carry out the purpose of this 
 ordinance, it is made the duty of the conductor of each nutiee >of rail 
 
 ' ^ road officers to 
 
 railroad train, or other officer in charge of the same, to prevent it. 
 detail brakesmen, or other employees or persons, as a 
 special police force, to prevent boys and minors under 
 the age above specified from boarding, seizing hold of, 
 or getting upon cars when in motion, and if the railroad 
 company conductor, or other officer in charge of the 
 train, shall neglect to comply with this ordinance, they, 
 and each of them shall be fined for eacli offense not ex- 
 38 
 
CITY ORDINANCES. 
 
 [CHAPS. 104, 105. 
 
 298 
 
 Power to arrest, ceeding ten dollars. And any conductor or other officer 
 of the train, or any other employee or person detailed 
 to prevent minors from boarding the train as above 
 provided, shall have power to arrest them, provided 
 they insist on so doing after being warned, and when 
 arrested may discharge them at the station or take them 
 before the Mayor or Police Magistrate and file a com- 
 plaint against them for a violation of this ordinance. 
 Rat© of speed Sec. 2. The rate of speed of all cars, including liand- 
 hand cars. cars, shall not exceed six miles per hour, within the city 
 limits, and a bell or bells shall, upon each train and 
 upon each hand car, be kept continually ringing while 
 passing through the city limits. And any railroad com- 
 pany shall, whenever directed by resolution of the City 
 Council, station a flagman on at Brady and such other 
 penalty. street crossings as the Council may direct. And any 
 violation of this ordinance shall subject the railroad 
 company, or conductor, or person in charge of the 
 train or car, to a fine of not exceeding twenty dollars 
 for each offense. 
 
 Sec. 3. A copy of this ordinance is directed to be 
 mailed by the City Clerk to the Superintendent of the 
 railroad company at Davenport, or delivered to him in 
 person. 
 
 Passed and approved November 7, 1866. 
 
 CHAPTER CY. 
 
 AN ORDINANCE in relation to lamp posts , tree 
 boxes , fences , and the posting of bills. 
 
 Posting bills, 
 defacing fences, 
 &c., 
 
 Section 1. No person shall post any bill, or notice, 
 or advertisement, placard, or other printed matter upon 
 any public lamp post within the limits of the city, nor 
 upon any tree box, fence or building where a notice or 
 sign is conspicuously printed or posted forbidding it ; 
 nor shall any person whittle, scratch, write upon, deface 
 
CHAPS. 106, 107.] VACANCIES.— BREAKING OF LAMPS. 299 
 
 or in any manner injure any fence or tree box within 
 the limits of said city. 
 
 Sec. 2. Whoever violates any provision of this orcli- Penalt y* 
 nance shall be fined not exceeding five dollars for each 
 offense. 
 
 Passed and approved November 7, 1866. 
 
 CHAPTER CYI. 
 
 AN ORDINANCE to provide for filling vacancies in 
 city offices. 
 
 Section 1. Whenever any vacancy shall occur in vacancies, how 
 any city office, those of Mayor and Aldermen excepted, 
 from sickness, absence from city, inability to act, death, 
 resignation, failure to qualify, or other cause, and no 
 special mode is provided as to filling the vacancy, such 
 vacancy may be temporarily filled by the appointment 
 of the Mayor ; such appointee shall qualify and give 
 bond the same as if he had been regularly elected or 
 appointed, but such appointment shall be in force only 
 until the office shall be regularly filled by appointment 
 and confirmation or election in the usual manner, and 
 until the successor shall qualify and enter upon the dis- 
 charge of the duties of his office. 
 
 Sec. 2. All vacancies in the office of Mayor and same. 
 Alderman, and all other offices elective by the people, 
 shall be filled by election, and special elections shall be 
 ordered whenever necessary for that purpose. 
 
 Passed and approved November 7, 1866. 
 
 [Note.— S ee ante , Chap. 78.] 
 
 CHAPTER CVII. 
 
 AN ORDINANCE to prevent the breaking of lamps, 
 windows , dec., and to prohibit the use of rubber guns. 
 
 Section 1 . Every boy or other person is prohibited 
 
Rubber guns, 
 &c., fordiddeu. 
 
 Parents liable. 
 
 Name of the 
 Revision. 
 
 Adoption. 
 
 Receivable in 
 evidence. 
 
 Clerk to take 
 care of. 
 
 300 CITY ORDINANCES. [CHAPS. 10T, 108. * 
 
 from using rubber guns in the streets and alleys of the 
 city, and whoever by the use of said guns, or by throw- 
 ing stones or otherwise, breaks any public lamps or 
 windows, or does any other damage to property within 
 the city limits, shall be deemed guilty of a misde- 
 meanor, and fined not exceeding five dollars for each 
 offense. 
 
 Sec. 2. The parents or guardians violating this ordi- 
 nance shall lie liable to pay fines imposed for its viola- 
 tion. 
 
 Passed and approved November 7, 1866. 
 
 CHAPTER CVIII. 
 
 AN ORDINANCE in relation to the revised ordi- 
 nances of 1866. 
 
 Section 1. The present revision of the ordinances 
 herewith printed shall be known as the Revision of 
 1866. 
 
 Sec. 2. The ordinances reported to the Council at 
 the special September meeting, A. D. 1866, by John F. 
 Dillon, with the amendments made thereto by the Coun- 
 cil, are hereby adopted, and declared to be in force, and 
 ordered to be herewith printed and published in book 
 form under the superintendence of the Printing Com- 
 mittee; and the ordinances thus printed shall be re- 
 ceived in evidence without other or further proof. 
 
 Sec. 3. Said books, when published, shall be put 
 into the custody of the Clerk for safe keeping, and he 
 shall be responsible for the preservation thereof. The 
 Clerk shall furnish the Mayor and each member of the 
 City Council and each ministerial and executive officer 
 of the city with one copy of the Revised Ordinances, 
 taking their receipts for the same ; and the officers so 
 receiving them are required to hand them over to their 
 successors. The Clerk is directed to send one copy to 
 
CHAr. 10S.] 
 
 REVISED ORDINANCES OF 1860. 
 
 301 
 
 each city in the State containing over five thousand in- 
 habitants, and request a copy of their printed ordi- 
 nances in return. And all books so received, and all 
 others, shall be safely kept and preserved by the City 
 Clerk. The Clerk is also directed to allow John F. 
 
 Dillon to have twenty-five copies, if he shall so desire, 
 for distribution, on behalf of the city, to the State and 
 public libraries and judges in the State. The Clerk is 
 also authorized to sell copies of the ordinances at one Sale of 
 dollar per copy for bound and seventy-live cents for un- 
 bound, keeping account of the sales and paying over 
 the proceeds to the City Collector, and taking his re- 
 ceipt for the same. The City Clerk shall deliver over Deliver to suc- 
 
 x m U CCBBOr. 
 
 said books to his successor in office, taking his receipt 
 for the same, which receipt shall specify the number 
 received by the incoming Clerk. 
 
 Sec. 4. Upon the publication of said ordinances, the Posting up. 
 City Clerk shall post up one copy in each ward of the 
 city, in one of the most public places therein. 
 
 Passed and approved September 29, 1866. 
 
 AUTHENTICATION OF THIS REVISION. 
 
 I, D. B. Nash, Clerk of the city of Davenport, do cierk ’s certifi- 
 hereby certify that, as directed by the last section of up^dpubircl 
 the foregoing ordinance, I did post up a true and cor- lon ‘ 
 rect copy of the foregoing and original Revised Ordi- 
 nances for 1866, passed and adopted by the City Coun- 
 cil, in each ward of said city, and the same and each of 
 them have also been imblished in the official newspa- 
 per of the city ; and the foregoing ordinances and each Truly copied 
 of them are correct copies of the original ordinances as and printed - 
 passed by the City Council of the city of Davenport. 
 
 Given under my hand and the seal of said city, this 
 10th day of December, 1866. 
 
 D. B. NASH, City Clerk. 
 
INDEX 
 
 TO CHARTER AND ORDINANCES. 
 
 A. 
 
 Accounts and Books, how to be kept, . 
 
 
 . 123 
 
 of Board of Health, .... 
 
 
 171 
 
 accounts of officers, and when to be settled, 101, 109, 123-126 
 (See Books, Maps and Plats.) 
 
 Additions to City, charter provisions, 
 Actions, against city, (see Suits.) 
 
 
 . 26 
 
 City Attorney to be notified of suits, (see Chap. 89,) 
 
 . 277 
 
 actions by fire companies, 
 
 
 276 
 
 Adjournment, (see Rules of Order,) 
 
 Aldermen, (see Charter, City Council, Elections, 
 Salaries,) 
 
 Officers, 
 
 . 283 
 
 two from each ward required by charter, 
 
 
 . 29 
 
 qualification required, .... 
 
 
 29 
 
 removal from ward vacates office, 
 
 
 . 29 
 
 divided into classes, .... 
 
 
 30 
 
 quorum, expulsion, ayes and nays, 
 
 
 29, 30 
 
 vacancies must be filled by election, 
 
 
 30 
 
 oath of office and tie election, 
 
 
 . 31 
 
 when to be elected and qualify, 
 
 
 32, 33 
 
 who may vote for, 
 
 
 . 33 
 
 exempt from street work, .... 
 
 
 57 
 
 Council may provide compensation, 
 
 
 . 57 
 
 disqualified from holding certain offices, . 
 
 
 57 
 
 acts of de facto Aldermen valid, 
 
 
 . 61 
 
 decisions as to powers, duties, &c., . 
 
 
 72 
 
 salary of fixed, 
 
 
 . 138 
 
 deduction for absence, .... 
 
 139, 246 
 
 duties and powers at fires, .... 
 are ex officio fire wardens, (see Fire Wardens.) 
 
 . 272-274 
 
 seven necessary to make a quorum, . 
 
 
 280 
 
 duties and privileges of Aldermen, 
 
 
 . 281 
 
 Rules of Order applicable to, . 
 
 . 
 
 280 
 
II 
 
 INDEX TO CHARTER 
 
 Alleys, (see Streets,) 
 
 width required by charter, 27 
 
 city may improve and repair, 38 
 
 declared highways, 98 
 
 certain alleys vacated, 250, 289 
 
 Amendment to City Charter, (see Charter,) ... 60 
 
 amendment of records of city, 69 
 
 amendment of ordinances, (see Chap. 92, Rule 40,) . 286 
 
 amendment of motions, 284 
 
 Amusements, 
 
 charter provision to license, tax and regulate, . 39 
 
 games of, license required, .... 161, 229 
 
 Animals, (see Butchers, Dogs, Hogs, Horses, Geese, Vicious 
 Animals,) 
 
 Appeal, 
 
 allowed in all cases under charter and ordinances, 50, 56, 72 
 
 City Attorney may take, 118 
 
 from Mayor’s decision to Council, .... 281 
 
 Appropriations of money, (see Chap. 92, Rule 39£,) . 286 
 
 limit on power of Council, 66 
 
 Appropriation, of private property to public use, . 45, 234 
 
 Armory, provision for by ordinance, .... 278 
 
 Arrests, by Marshal, (see Marshal,) .... 74,85,241 
 
 by police force, 212 
 
 at fires, 274 
 
 Assault, city not liable for assault committed by officers in 
 
 enforcing an ordinance, 75 
 
 prohibited by ordinance, 195 
 
 Assemblies, unlawful prohibited, 194 
 
 Assessment, (see Taxes, Local Assessments, Sidewalks,) 
 
 charter permission, 33 
 
 when to be made, 98 
 
 what shall be assessed, 99 
 
 not to exceed five mills for general purposes, . . 99 
 
 three mills for road purposes, . . 99 
 
 equalization of, 35 
 
 omitted property, how assessed, . . .33, 99, 103 
 
 remedy of party for over assessment. . . 35, (note) 
 
 errors in assessment to be reported to Council, . . 103 
 
 sidewalk assessments, 220-223 
 
 paving, grading, &c., assessments, .... 232 
 
 lamp tax assessment, 278 
 
 Assessor, (see Taxes,) 
 
 charter provision as to, 33 
 
 Council has power to appoint or elect, . . 37 (note) 
 
 when to make return of list, 99 
 
AND ORDINANCES. 
 
 
 in 
 
 Assessor to assess omitted property, 
 
 
 99 
 
 made Deputy Collector, .... 
 
 
 122 
 
 salary of Deputy Collector, 
 
 
 123 
 
 election and duties of, ... 
 
 122 
 
 ,135 
 
 bond, salary, office room, &c., 
 
 
 136 
 
 Assignation, (see Houses of 111- fame,) 
 
 
 
 houses of prohibited, 
 
 
 240 
 
 Attendance upon Council, enforced, . 
 
 
 139 
 
 Attorney, (City,) appointment of, 
 
 , 
 
 117 
 
 may appeal cases, 
 
 
 118 
 
 salary of, 
 
 
 118 
 
 other counsel, when and by whom employed, 
 
 
 118 
 
 notice of actions to be served on, 
 
 
 277 
 
 must attend meetings of Council, . 
 
 
 139 
 
 penalty for failure to do so, 
 
 
 140 
 
 allowed for certain traveling expenses, 
 
 
 139 
 
 duty under poll-tax ordinance, 
 
 
 256 
 
 Auction, (see Auctioneers, Licenses,) 
 
 
 
 in streets prohibited, 
 
 sale of apples, fruits, &c., on street corners, so 
 
 as to 
 
 97 
 
 incommode citizens forbidden, 
 
 
 97 
 
 such an ordinance is yalid, 
 
 
 85 
 
 city not liable for misconduct of licensed auctioneers, 
 
 88 
 
 Auditing Accounts, (see Bills and Claims; Orders.) 
 Auctioneers, (see Auction,) 
 
 
 
 license of required, 
 
 
 113 
 
 must pay license fee of $50, .... 
 
 
 113 
 
 what license covers, 
 
 
 113 
 
 penalty for violation, 
 
 
 114 
 
 Awnings, (see Nuisances,) 
 
 
 
 city held liable for injury done by fall of, 
 
 
 90 
 
 but not for injury done by snow falling from, 
 
 
 90 
 
 regulated by ordinance, . 
 
 
 202 
 
 Ayes and Nays, charter gives right to any member present 
 
 
 to demand, 
 
 
 30 
 
 how construed by courts, .... 
 
 
 61 
 
 provision of rules of order on this subject, 
 
 
 O'* 
 
 00 
 
 o* 
 
 B. 
 
 
 
 Bagatelle Table, (see Chap. 26,) 
 
 
 161 
 
 license required, 
 
 
 161 
 
 Banks and Bank Stock, power of city to tax, 
 
 . 35 (note.) 
 
 Bathing, in front of city prohibited, 
 Bawdy Houses, (see Houses of Ill-Fame,) 
 
 
 111 
 
 charter gives power to suppress, 
 
 
 39 
 
 39 
 
IV 
 
 INDEX TO CHARTER 
 
 Bawdy Houses, ordinance concerning, 
 
 Beds and Clothing, if infected may be destroyed, . 
 Bells, to be used by persons sleighing, 
 
 Benefits, (see Streets,) 
 
 Benzine, keeping of regulated, 
 
 Bids, (see Contracts, City Engineer,) 
 
 for contracts when opened, &c., . 
 
 legal rights of lowest bidder, .... 
 Billiard Tables, see Amusement and Ordinance No. 26,) 
 
 license required, 
 
 Bills, posting of regulated (see Chap. 105), . 
 
 Bills and Claims, (see Rule 39 Ordinance No. 92,) . 
 Bills and Notes, (see Contracts, Orders,) 
 
 as to power to make, 
 
 Bitch, when to be killed by Marshal, .... 
 Blacksmith, not to shoe horses in streets, 
 
 Board of Aldermen, (see Aldermen, Council.) 
 
 Board of Health, (see Health of City,) 
 
 power given city by charter to secure public health 
 
 ordinance relating to, 
 
 orders of board should be in writing, 
 
 Boats, (see Health of City, Public Landing, Wharves.) 
 Bonds, (see Bills and Notes, Contracts, Loans, Officers.) 
 
 charter gives power to require, .... 
 charter gives power to make .... 
 
 charter provision as to bond of Mayor, . 
 validity of railroad bonds, .... 
 
 bond of city officers, (see various officers.) 
 
 bond of Deputy Collector, 
 
 bonds required from contractors, 
 
 Books, charter requires Council to provide certain books 
 books required by revenue ordinance, 
 books and accounts, how to be kept, 
 
 Clerk responsible for, 
 
 Bonds, of city officers, amount, preservation, &c., 
 amount of, by whom, and how fixed, 
 
 Clerk to record and preserve, 
 of Street Commissioner,, 
 of City Engineer, .... 
 
 of Sexton, 
 
 of City Assessor, .... 
 
 in contracts with city, .... 
 bonds of city, (see Loans) 
 
 Borrowing Money, (see Loans by City,) 
 
 power of city, 
 
 Boundary of City, defined by charter, 
 
 240 
 183 
 250 
 78 
 157 
 
 130 
 130 
 
 161 
 . 298 
 286 
 
 57, 81 
 146-148 
 202 
 
 38 
 
 169 
 
 179 
 
 38 
 
 57 
 
 43 
 
 240 
 
 123 
 131 
 54 
 
 102, 122, 127 
 123 
 . 128 
 120, 128 
 120 
 . 128 
 134 
 . 129 
 134 
 . 136 
 131 
 
 38, 41 and note 
 . 25, 26 
 
AND ORDINANCES. V 
 
 Bowling Alleys (see ordinance No. 26,) . . . .161 
 
 are a nuisance at common law, . . . . 162 
 
 Boxes — tree, (see Trees.) 
 
 Brady Street, (see Streets,) 
 
 extension and width of, . . . .111 
 
 numbering of streets to commence on Brady, . 155 
 
 Breach of Peace, ordinance concerning, . . . .195 
 
 Bread, Council may regulate weight and price, . . 40 
 
 Brick Work, rule for measuring, 287 
 
 Bridges, (see Streets, Suits,) 
 
 charter gives city power to erect and repair, . . 38 
 
 decisions as to erection and liability for, . 77-80, 88 , 89 
 
 city cannot build toll bridge, 80 
 
 Brokers — substitute, (see Ordinance No. 99,) . . . 290 
 
 Brothels, (see Houses of Ill-Fame,) 
 
 ordinance concerning, 240 
 
 charter gives power to suppress, .. . . . 39 
 
 Buildings, cannot be erected in streets, ... 78, 85 
 
 to be numbered in lire limits, . . . . 155 
 
 to be kept clean, 168 
 
 destruction at fires, 274 
 
 Building Material, may be inspected, .... 39 
 
 when may be placed in streets, . . .78, 79 , 203 
 
 Burial Grounds, (see Cemeteries,) 
 
 city may purchase, 28 
 
 owner may dedicate for, 76 
 
 Burrows & Prettyman, (see Landing, Wharf,) 
 
 ordinance for relief of as to landing, . . . .112 
 
 Repeal of (see Chap. 84.) 
 
 Burnell Strong, use of landing, 112 
 
 Burning Fluids, how to be kept, &c., . . . .157 
 
 Butchers, duty of (see Health of City,) 
 
 how to slaughter, 166, 171 
 
 c. 
 
 Camphene, keeping of regulated, 157 
 
 Canvass of Votes, (see Election,) 
 
 power of Council and when exhausted, . 30 and note. 
 
 Carts, (see Draymen, Wagons, &c.) 
 
 Carmen, &c., (see Draymen,) 
 
 an ordinance concerning, 140 
 
 Cars, (see Railroads, M. & M. R. R. Co.,) 
 
 rate of speed in city regulated, . . . 160, 197, 297 
 
 city not liable for injury by, 80, 85 
 
 cars not to be left standing on streets, . . .160 
 
VI 
 
 INDEX TO CHARTER 
 
 Cellar and Cellar Ways, (see Ordinance No. 42,) . 201 
 
 to be kept clean, 168 
 
 cellar ways in sidewalks regulated, . . 201, 210 
 
 Census, charter gives city power to take, .... 40 
 
 Cemetery, (see Dedication, Interments,) 
 
 city may purchase grounds for, .... 28 
 
 power of city over, 85 
 
 duty of Sexton, ordinance concerning, . . . 138 
 
 trespassed upon punished, 289 
 
 Chief Engineer, (see Fire Department.) 
 
 Circuses, (see Shows, Licenses,) 
 
 license required, 230 
 
 Cities, distinguished from counties, 61 
 
 City Council, (see Aldermen,) 
 powers of (see charter,) 
 
 time of meeting (see Meetings), .... 250 
 
 action and acts of de facto Council valid, . . 61, 84, 85 
 
 must act officially — not on the street, . . . 61 
 
 cannot delegate power, 61 
 
 cannot cede away legislative power of 
 
 city, 28, 29, 193 (note) 
 
 City Attorney, (see Attorney.) 
 
 City Clerk, (see Clerk of City.) 
 
 City Engineer, (see Engineer.) 
 
 City limits, defined by charter, 25, 26 
 
 City Sealer, (see Weights and Measures.) 
 
 City Hall, power to erect, 39, 62 
 
 as to liability for safe condition, .... 87 
 
 City railways, subject discussed, 90 
 
 Chandlers, mode of exercising trade regulated, . . 204 
 
 Charter, (see City Council, Ordinances,) 
 
 historical reference to charter, 17 
 
 different charters of Davenport, .... 24 
 
 present charter and amendments, .... 25 
 
 Abstract of Charter : 
 
 Art. I, boundary and general powers of city, . . 25 
 
 width of streets and alleys, 27 
 
 public square required of proprietors, . . 27 
 
 power to sue, contract, hold and sell property, 28 
 
 Art. II, City Council, 29 
 
 Council consists of Mayor and Aldermen, . 29 
 
 Aldermen — qualification and term, . . .29 
 
 removal from ward vacates office, . . 29 
 
 classes of Aldermen, 30 
 
 Council — made judge of elections, . . 30 
 
 quorum (see Chap. 92), ... 29, 30, 61 
 
AND ORDINANCES. 
 
 VII 
 
 Charter — abstract of, Art. II, Council to make rules, 
 expulsion of members, 
 vacancies to be filled by election, 
 oatli of Mayor and Aldermen, 
 meetings of Council, 
 
 Art. Ill, as to Mayor (see also Art. VI), . 
 
 Q1 
 
 . . ol 
 
 Mayor holds office for one year, 
 
 31 
 
 who eligible, 
 
 . 31 
 
 tie vote — how decided, . 
 
 31 
 
 vacancy — how filled, .... 
 
 . 31 
 
 absence of Mayor — effect of, 
 
 31 
 
 Art. IV, as to elections, .... 
 
 . 32 
 
 to be held first Saturday in April, . 
 
 32 
 
 Council to appoint judges and clerks, 
 
 . 32 
 
 canvass of votes, 
 
 32 
 
 when to qualify, .... 
 
 . 33 
 
 who may vote and where, 
 
 33 
 
 illegal voting, 
 
 . 33 
 
 Art. V, as to legislative powers of Council, . 
 
 33 
 
 power to levy taxes, .... 
 
 . 33 
 
 mode of assessment, . 
 
 33 
 
 mode of collection, 33, 34 
 
 power to elect and appoint officers, 37 and note, 
 power to require bonds and oath, . . .38 
 
 power to support schools, . . . . 38 
 
 power to appropriate money, . . . .38 
 
 power to borrow money, . 38, 41, and note. 
 
 power to preserve health, 38 
 
 power to declare nuisances, . . . . 38 
 
 power to tax and restrain dogs, . . . .38 
 
 power to provide water, &c., .... 38 
 
 to open streets, &c., 38 
 
 to erect wards, 38 
 
 to light streets, 39 
 
 to support night watches, .... 39 
 
 power over markets, 39 
 
 power over buildings and grounds, . . 39 
 
 power over navigation of river, . . . .39 
 
 power over wharves, 39 
 
 power to tax, license and regulate various trades 
 
 and employments, 39 
 
 power to suppress bawdy houses, &c., . . 39 
 
 power to prevent fires, 39 
 
 power to establish weights and measures, . 39 
 
 power to inspect and weigh, . . .39 
 
 power to take census oficity, .... 40 
 
 31, 
 
 30 
 
 30 
 
 30 
 
 30 
 
 GO 
 
VIII 
 
 INDEX TO CHARTED 
 
 Art. Y, power to regulate city elec- 
 
 C HARTER — ABSTRACT OF. 
 
 tions, -40 
 
 power to remove city officers, ... 40 
 
 power to fix compensation of city officers, . . 40 
 
 power to fix juror’s and witness’ fees, . . 40 
 
 power to prohibit discharge of fire arms, . . 40 
 
 power to prohibit racing and fast driving, . 40 
 
 power to regulate police of city, . . .40 
 
 power to impose fines, forfeitures, &c., . . 40 
 
 power to license retailers of liquors, . . .40 
 
 general power to pass ordinances, ... 40 
 
 style of ordinances, 40 
 
 publication and record of ordinances, . . 40 
 
 printed ordinances made evidence, . . .41 
 
 railroad debt legalized, . . . . 41 
 
 specific tax to pay bonded debt, . . .41 
 
 power to vacate streets, ... 42 and note. 
 
 Art. VI, as to Mayor (see also Art. Ill of charter), . 42 
 Mayor presides and gives casting vote, . 42, 281 
 
 Mayor 'pro tem., 31,42 
 
 special meetings — how called, 
 
 Mayor’s duties defined, 
 
 his powers and jurisdiction as a Justice of the 
 
 Peace, 
 
 his official bond, 
 
 salary to be fixed by ordinance, 
 
 may be punished and removed for mal conduct, 
 
 writs — how issued and directed, 
 
 Art. VII, proceedings in special cases, . 
 power to lay out streets, squares, &c., 
 taking private property for this purpose, 
 damages when grade is changed, 
 proceedings to condemn private property 
 Art. VIII, miscellaneous provisions, 
 city made one road district, . 
 three days road work required, . 
 three mill road tax authorized, 
 road taxes in annexed districts, . 
 punishment of offenders — how, 
 annual financial statement required, . 
 records, prosecutions, &c., 
 
 Council to provide books for officers, 
 action to be brought in name of city, 
 warrants may issue without affidavit, 
 
 Council has power to fill vacancies, 
 vote on charter prescribed, 
 
 42 
 
 43 
 
 43 
 
 43 
 
 44 
 44 
 
 . 44 
 
 44 
 . 45 
 
 45 
 . 46 
 
 46, 47-50 
 . 51 
 51, 52, 53 
 . 52 
 
 53 
 . 52 
 
 52 
 . 53 
 
 54 
 . 54 
 
 54 
 . 55 
 
 55 
 . 55 
 
AND ORDINANCES. 
 
 IX 
 
 Charter —abstract of. Art. VIII, town ordinances con- 
 tinued in force, 55 
 
 property of town given to city, ... 55 
 
 appeals to District Court allowed, . 50, 56 
 
 Marshal may execute writs in county, . . 56 
 
 charter made a public act, . . . 56, 60 
 
 ordinances and contracts to be signed by 
 Mayor and Clerk, . . . . 57, 82 
 
 process served on Mayor or Clerk, . . .57 
 
 compensation of Aldermen, .... 57 
 
 disqualified from holding certain offices, . . 57 
 
 exempt from road work, 57 
 
 failure to hold election does not forfeit charter, 58 
 
 Police Magistrate — term and jurisdiction, . 58 
 
 when Council may levy special grading and other 
 
 tax, 58 
 
 general powers of towns under code given to the 
 
 city, 59 
 
 charter a public act, judicially noticed, . 56, 60 
 
 cannot be specially amended, . . 24, 60 
 
 adjourned and other meetings of Council, . 60 
 
 Chicago & Rock Island R. R. Co., loan of city for benefit 
 of (see Chap. 55.) 
 
 Chief of Police, duties defined, 211 
 
 Chimneys, (see Fires,) 
 
 charter gives city power to regulate and fix, . . 39 
 
 to be properly cleaned, 150 
 
 must extend 2£ feet from house, . . . .150 
 
 Fire Wardens may examine, 149 
 
 CnoLERA, (see Health of City,) 
 
 Board of Health ordinance, 169 
 
 infected beds, clothing, &c. — how disposed of, . 183 
 
 provision for destitute patients, .... 184 
 
 Claims and Bills, when to lie over, .... 28 
 
 Clerk of City, (see Licenses, Officers,) 
 
 under charter this office is elective, . . 37 and note. 
 
 assessment to be returned to, 33 
 
 shall sign tax warrant, 34 
 
 deliver assessment to Marshal, .... 34 
 
 report to Council names of lessees of city, &c., . . 101 
 
 election of Clerk, when, bond, oath, &c., . 119, 120 
 
 report as to lessees of city, &c., 101 
 
 issue certificates of redemption, . . . . 108 
 
 fees for same, 108 
 
 bond and oath of, 120 
 
 bonds of officers filed with and recorded, 43, 120, 128 
 
X 
 
 INDEX TO CHARTER 
 
 Clerk of City, financial statement to be prepared by him, . 121 
 to notify officers of their election, ... 32, 121 
 
 duty respecting election returns and poll books, . 32, 120 
 must keep journal of Council proceedings, . . 54 
 
 must keep record of tax returns of Marshal, . . 54 
 
 must keep book to record acts and reports of Street 
 
 Commissioner, 54 
 
 must keep order book, 54, 125 
 
 notice of appeal may be served on Clerk, ... 50 
 
 must sign and may certify ordinances, . . 40, 41, 57 
 
 must record and preserve ordinances, bonds, &c., . 128 
 
 report the amount of money orders allowed, &c , 121-12G 
 
 duty respecting city orders, books and accounts, 125, 126 
 Clerk to issue no order till allowed, . . . 128 
 
 Clerk responsible for books and papers, . . .128 
 
 original books and papers not to leave office, . 128 
 
 salary and fees, 137 
 
 register dogs and fees for, 145 
 
 issue licenses for games of amusement, . . . 162 
 
 issue licenses to hawkers and pedlars, . . . 184 
 
 deduct salaries of absent officers, .... 246 
 print notices for Street Commissioner, . . . 257 
 
 forward papers to committees and officers, (Chap. 
 
 92, Rule 38), 286 
 
 issue licenses and fees for same, . . 137, 140, 184 
 
 . 139 
 
 140 
 . 140 
 
 169 
 
 . 171, 173 
 
 184, 185 
 . 217 
 
 244 
 . 257 
 
 63 
 . 183 
 
 116 
 39, 40 
 251 
 
 37 (note), 59 
 
 must attend meetings of Council, 
 failure to do so — effect of, . 
 issue license to drays, &c., .... 
 is ex officio clerk of Board of Health, 
 duties as clerk of said Board, 
 license to hawkers and pedlars and fee, . 
 duty in cases of tie and contested elections, 
 license to pawnbrokers, &c., to issue, 
 duty under poll tax ordinance, . 
 
 Clock — public, city may provide, . 
 
 Clothing — infected, how disposed of, 
 
 Coaches, (see Hackmen.) 
 
 Coal, to be sold by weight unless both consent, 
 
 Council has power to inspect and weigh, . 
 Coasting or Sledding, on certain streets prohibited, 
 Code of Iowa, certain provisions apply to cities, 
 Combustibles, (see Fires, Fire Limits,) 
 not to be placed near buildings, 
 charter gives power to regulate storage, 
 Collector, (see Marshal, Deputy Collector.) 
 
 150 
 
 39 
 
AND ORDINANCES. 
 
 XI 
 
 Committees, (see ordinance No. 92,) .... 280, 285 
 
 when Council may act by, 83 
 
 Compensation, (see Officers, Salary.) 
 
 Complaint Book of Health Inspector, 182 
 
 Concerts, shows, &c., to be licensed, .... 229-230 
 
 gift concerts, license for, 230 
 
 Contagious Diseases, (see Cholera, Health of City, Small-pox,) 
 Council has power to prevent introduction into city 
 Board of Health ordinance, .... 
 Contested Elections, (see ordinance No. 46 — Elections). 
 Contracts, (see Bids, City Engineer, Orders). 
 
 Charter gives city power to make, 
 how to be signed and attested, .... 
 as to city orders and decisions respecting, . 
 
 38 
 
 169 
 
 28, 57 
 57 
 81 
 
 80, 
 
 duty of Chief Engineer in making and letting, 129, 132, 231 
 to be given to lowest bidder, .... 
 two weeks notice to be given, 
 performance of, to be secured by bond, . 
 approved and recorded by City Engineer, . 
 violations of reported, .... 
 
 City Engineer not to be interested in, . 
 contracts must refer to ordinances, . 
 power of Council to suspend, &c., 
 masonry contracts, how measured, .... 
 must be made with authorized agents of city, 
 extent of agents’ authority bound to be noticed, 
 control reserved over contract, effect of, 
 ratification of unauthorized contracts, . 
 accepting work under contract, . 
 
 implied contracts, 
 
 parol contracts, 
 
 when appointment of officer amounts to a contract, 
 are Councilmen personally liable for making unauthor 
 
 ized contracts, &c., 
 
 as to power to make negotiable paper, 
 how far audited account conclusive, 
 
 Conveyances, by whom executed, .... 
 tax deed, (see taxes), 
 
 Costs, when city liable for before Police Magistrate, . 137, 138 
 Cotes & Davies, ordinance granting use of landing expired, 119 
 Council, (see Aldermen, City Council, Charter.) 
 
 County Jail, use of by city, 
 
 Credit, city cannot lend its credit to others, 
 
 Crimes and Misdemeanors, an ordinance concerning, 
 
 Culverts, liability of city with respect to, 
 
 Curbing, when city pays for, .... 
 
 40 
 
 130, 231 
 
 130, 231 
 
 131, 231 
 131 
 
 131 
 
 132 
 132 
 
 62, 132 
 287 
 . 62 
 62 
 
 . 62 
 62 
 
 . 62 
 63 
 . 71 
 
 . 73 
 
 57, 81 
 . 81 
 63 
 
 90 
 
 . 61 
 194 
 87, 89 
 232 
 
XII 
 
 INDEX TO CHARTER 
 
 D. 
 
 Damages, (see Grade, Suits.) 
 
 Davenport, (see Charter,) 
 
 list of charters and incorporating acts, ... 24 
 
 list of Mayors and Aldermen of, ... 5 
 
 present charter and amendments, .... 25 
 
 Dangerous Driving, (see Driving Immoderately.) 
 
 Davenport Gas Light and Coke Company, (see Gas, Lamps,) 
 
 ordinance granting use of streets, &c., . . . 163 
 
 Debate, (see Rules of Order,) 280 
 
 Debt, limitations on amount of ’67, 
 
 duty of finance committee and clerk, . 58, 121, 125, 126 
 
 Dedication, legal principles applicable to dedica- 
 tion of streets, squares, &c., to city and the 
 public, 70, 75, 76, 77 
 
 Deeds, (see Taxation, Sidewalks,) 
 
 how and by whom executed, , . . 63 
 
 De facto officers, acts of valid, .... 61, 84, 85 
 
 Depot and Farnam Streets, grade established, . . 151 
 
 Deputy Collector, duty, salary, &c., 122 
 
 Destitute persons, when landed in city to be cared for, 178 
 
 in certain cases to be furnished beds, clothing, &c., . 184 
 Disorderly Houses, charter gives power to suppress, . 39 
 
 ordinance concerning, 240 
 
 Disorderly Conduct by draymen, &c., prohibited, 143, 144 
 
 by others, prohibited, 195 
 
 Dissolution of Corporation, see note to charter, . . 62 
 
 Distress and Sale, for taxes, 35 
 
 Disturbance of Peace prohibited, 195 
 
 Docket of Mayor, . 54 
 
 Docks, (see Wharves,) 
 
 power of Council over, &c., 39 
 
 Dogs, charter gives power to tax and restrain, . . 38 
 
 ordinance to prevent increase of, .... 145 
 
 when to be muzzled and registered, . . . 145 
 
 taxing of and mode of enforcement, . . . 146-148 
 
 when “at large” defined, 84 
 
 Dower, widow has no dower in streets and squares, . . 77 
 
 Drains, (see Sewers, Surface Water,) 
 
 ordinance concerning, 207 
 
 Draymen, Carmen, Hackmen, &c., shall give bond and obtain 
 
 license, 140 
 
 paint number on dray and give receipt, . . 141 
 
 what charges may be made, 141 
 
AND ORDINANCES. 
 
 XIII 
 
 Draymen, &c., penalty if acting without license, . . 142 
 
 penalty for over-charging, 142 
 
 where they may stop, 142, 143 
 
 drivers not to be boisterous, .... 143, 144 
 
 term of license, 144, 247 
 
 charter gives city power to license, tax, regulate 
 
 and fix prices, 39 
 
 charter gives power to tax, license and regulate, . 39 
 
 draymen, &c., to assist at fires, 275 
 
 Driving Immoderately, (see Horses, Mules, &c.,) 
 
 charter gives power to prohibit, . . . . 40, 85 
 
 ordinance prohibiting, 205 
 
 such ordinances are valid, 85 
 
 conduct of drivers regulated, 143 
 
 drivers not to use profane or indecent language, &c., 143, 144 
 
 police power over, 143 
 
 Drunk, (see Misdemeanors,) 
 
 persons found in streets punished, . . . .196 
 
 E. 
 
 Earth, Gravel and Stone not be removed from streets and 
 
 landing, 265 
 
 contractor not to dispose of except under direction of 
 
 Engineer, 131 
 
 Elections, (see Charter, Officers, Vacancy,) 
 
 one-half of Aldermen elected annually, . . .30 
 
 city council, judge of elections, &e., ... 30 
 
 Mayor to be elected annually, . . . . 31, 119 
 
 tie vote decided by lot, 31 
 
 contested elections, 31 
 
 vacancy in Mayoralty filled by election, ... 31 
 
 pro tern. Mayor may be elected, . . . 31,|32, 42 
 
 elections to be held 1st Saturday in April, . 32, 119 
 
 council to appoint judges and clerks, . . . 32,119 
 
 their duties, . 32,119 
 
 clerk shall notify persons elected, . . . .32 
 
 when to qualify, 33, 120 
 
 who may vote, 33 
 
 illegal voting punished, 33 
 
 Council may provide for election of city officers, . 37 
 
 canvass of votes by Council, . . . 30 and note, 
 
 all vacancies in Aldermen to be filled by election, . 30 
 
 ordinance providing for election of city officers, . 119 
 
 ordinance (No. 46) to determine tie and contested elec- 
 tions, 217 
 
XIV 
 
 INDEX TO CHARTER 
 
 Elections, mode of proceeding, duty of Clerk, . 
 
 . 217 
 
 duty of contestant, 
 
 217 
 
 duty of incumbent, 
 
 . 217 
 
 mode of trial, costs, &c., 
 
 217 
 
 judgment, 
 
 .218 
 
 Eminent Domain, (see Streets,) 
 
 
 charter gives power to condemn streets, &c., 
 
 45 
 
 ordinance to carry power into effect, . 
 
 . 234 
 
 Engineer — city, (see Contracts,) 
 
 
 office created, 
 
 128 
 
 election and term, 
 
 . 128 
 
 oath and bond, 
 
 129 
 
 general duties as to contracts, grades, &c., 
 
 129, 131, 231 
 
 salary of, 
 
 . 133 
 
 write out description of grades, 
 
 133 
 
 employed by lot owner to ascertain lines of lot and 
 
 grade thereof, 
 
 . 130 
 
 report violations of contracts, 
 
 131 
 
 approves bond of contractor, 
 
 . 131 
 
 must approve and record contracts, 
 
 131 
 
 duty when buildings and fences encroach on street, 132 
 
 not to be interested in contracts and penalty, 
 
 . 132 
 
 duty as to establishment of grades, 
 
 133 
 
 may be removed by Council, 
 
 . 132 
 
 duty under sidewalk and grading ordinances, 
 
 221, 232-8 
 
 Engineer — Chief, (see Fire Department.) 
 
 
 Engineers, rate of speed in running cars in city, . 
 
 . 160, 197 
 
 Engine, Engine House, &c., (see Fire Department,) 
 
 
 engine house on Brady transferred from Fire Depart- 
 
 ment, 
 
 . 247 
 
 Epidemics, (see Health.) 
 
 
 Estoppel, city may be estopped, . 
 
 70 
 
 Evidence, when records of city are evidence, &c., 
 
 . 68 
 
 ordinances, when judicially noticed, 
 
 82 
 
 Excavation of Earth in Streets (see ordinance No. 42, Sec. 7), 203 
 
 Exhibitions, Shows', &c., license required, 
 
 , 229 
 
 Expulsion, (see Officers,) 
 
 
 an Alderman may, under charter, be expelled by two- 
 
 thirds vote of all elected, 
 
 . 30 
 
 Extra Pay, salaried officer cannot in general claim, 
 
 74 
 
 F. 
 
 Farnam Street, grade of, 151 
 
 Fences, (see Cliap. 105,) 
 
 Council may regulate parapet fences, 
 
 39 
 
AND ORDINANCES. 
 
 XV 
 
 Fees, (see different City Officers,) 
 
 of jurors and witnesses may be fixed by Council, . 40 
 
 when city liable for fees and costs, . . 137, 138, 249 
 
 Fifth Street, as to use of by M. & M. R. R. Co., . . 90, 159 
 
 Finances, annual statement required, 53 
 
 duty of Clerk to prepare statement, . . 121, 125 
 
 duties of finance committee, . . . . . 126 
 
 Fines, Forfeitures and Penalties, (see ordinance No. 41,) 200 
 charter gives power to impose and recover, . . 40 
 
 charter gives power to imprison if not paid, . . 52 
 
 were it not for this city could not impose, . . 86 
 
 recovered in name of city, 54 
 
 persons may be imprisoned for, .... 52 
 
 to be paid into City Treasury, 200 
 
 imprisonment not to exceed thirty days, . . 201 
 
 Filth, (see Nuisances.) 
 
 Fighting, &c., prohibited, 195 
 
 Firearms, Rockets, Council may forbid discharge of, . 40 
 
 ordinance relating thereto, 145 
 
 Fire Crackers, firing of prohibited, without permission, 145 
 Fires, (see Chimneys, Fire Limits, Combustibles,) 
 
 charter gives city power to prevent, . . . 39 
 
 an ordinance to prevent, 149 
 
 powers and duties of Fire Wardens, . . . 149 
 
 power to enter houses and examine, .... 149 
 may give directions to prevent fires, . . . 149 
 
 platform under stove required, 150 
 
 pipe and chimneys, how to be fixed, . . . 150 
 
 shavings and combustibles not to be burned in street, 150 
 
 hay, &c., how to be stacked, 150 
 
 chimneys to be cleaned and how, .... 151 
 
 kerosene, &c. — how kept, &c., 157 
 
 when buildings may be destroyed at fires, . . 274 
 
 Fire Department, (see ordinance No. 88,) 
 
 certain fines go to, 159 
 
 ordinance relating to, 269 
 
 of whom it consists, 269 
 
 duty of Chief Engineer and assistants, . . . 270 
 
 compensation, oath and bond of Chief Engineer, . 271 
 
 vacancy in office, how filled, 271 
 
 duty of Fire Wardens and foremen of companies, . 271 
 fire companies formed, duties and powers, . . 272 
 
 buildings may be destroyed, when, .... 274 
 police force and regulations at fire, . . . 274 
 
 all persons present subject to orders, .... 275 
 by-laws of companies to be approved by Council, . 276 
 
XVI 
 
 INDEX TO CHARTER 
 
 Fire Department, action for dues, fines, &c., . . . 276 
 
 rate of speed in drawing engines, &c., . . . 276 
 
 hose protected, 276 
 
 general review, when, &c., 277 
 
 members exempt from poll tax, 244 
 
 Fire Limits, (see ordinance No. 24,) 
 
 ordinance fixing and defining, .... 158 
 
 no wooden buildings in, except, . . . .158 
 
 public levee is included, 154 
 
 privies and stables, how and when to be erected, 153, 154 
 
 width of walls, 154 
 
 penalty for violation, 154 
 
 removal of buildings into prohibited, . . . 154 
 
 lumber yards, how established in fire limits, . . 156 
 
 buildings in fire limits to be numbered, . . . 155 
 
 kerosene, &c., not to be made and how kept, . . 157 
 
 Fire Wardens, (see ordinance No. 21,) .... 149 
 
 who are, appointment and duties of, . . 149, 271 
 
 badge of office, 271 
 
 duty of under kerosene ordinance, .... 159 
 
 Forfeitures, (see Fines, &c.) 
 
 Front Street, width of sidewalk, 262 
 
 Fourth Street, extension of, 152 
 
 Fruit, &c., sales of in streets, when prohibited, ... 97 
 
 Frame Buildings, (see Fire Limits.) 
 
 Fulton A. C., reserved landing granted to, 93, 69 
 
 Funds, different funds specified, 125-127 
 
 G. 
 
 Galleries —shooting, (see ordinance No. 26, Art. 2,) 
 
 license required, . 163 
 
 Gaming Houses, charter gives city power to suppress, . 39 
 
 without special authority city cannot punish gambling, 84 
 Games of Amusement, (see License,) 
 
 license must be had for, 161 
 
 amount of and how license obtained, . . . 162 
 
 Garnishment of Corporations, 66 
 
 Gas, (see Lamps,) 
 
 city charter gives power to city to light streets, . 39, 59 
 if more than half of owners petition city may levy 
 
 special tax on lot owners, 59 
 
 ordinance relating to lighting city, . . . 163 
 
 lamps, when to be lighted, 165 
 
 penalty for injury to posts and lamps, . . . 165 
 
 Geese, not to run at large in city, 229 
 
AND ORDINANCES. 
 
 XVII 
 
 Gift Concerts and Enterprises, (see ordinances 50 and 101,) 295 
 Goods Exposed for Sale not to extend into sidewalk more 
 
 than four feet, 205 
 
 Goodrich, Wheeler & Yantis, privilege to, 166 
 
 Grades, (see Engineer of City, Chap. 14,) 
 
 city has power to*grade, 38 
 
 when liable for changing grade of streets, . 46 and note, 
 
 grade of streets to be established by ordinance, . . 133 
 
 city must use care in grading, .... 87 
 
 grades ascertained for lot owners, .... 130 
 
 ordinance as to grading, &c., streets, and mode of pro- 
 ceeding, 231 
 
 Grave Yards, (see Cemetery,) .... 28, 85, 134 
 
 Grants of special privileges repealable, when, . . . 237 
 
 Gravel not to be removed from landing, .... 265 
 Guardian, (see Chap. 107,) 
 
 for infants in proceedings to condemn property, . 50 
 
 Gunpowder, &c., charter gives power to regulate storage of, 39 
 ordinance regulating quantity, &c., (see Chap. 102,) 295 
 
 Guns, (see Fire-Arms,) 
 
 rubber guns prohibited (see Chap. 107), . . . 299 
 
 Gutters, by whom cleaned, 180 
 
 width of fixed, 262 
 
 costs of, how to be paid, 232 
 
 H. 
 
 Hackmen, (see Draymen.) 
 
 Harrison Street, width of gutters, 263 
 
 Hawkers and Pedlars may, by charter, be licensed and taxed, 39 
 
 ordinance requiring license, 184 
 
 amount of license and how obtained, .... 185 
 
 Hay, charter gives city power to inspect and weigh, . 41 
 
 ordinance relating to weighing of, . . .114 
 
 hay scales authorized on Harrison street to Wm. Ren- 
 wick, (see Chap. 94.) 
 
 hay, where and how to be stacked, .... 150 
 
 Health of City, (see Nuisance, Hogs, Geese,) 
 
 charter gives city power to secure, .... 38 
 
 to make and enforce quarantine law, . . . 38 
 
 to prevent introduction of contagious diseases, . . 38 
 
 ordinance to secure health of city, . . . . 166 
 
 duty of butchers and of Marshal, . . . .166 
 
 duty of lot owners to keep lots clean, . . . 168 
 
 penalty for not doing so, 168 
 
 Board of Health may be organized by Mayor, . 169 
 
XVIII 
 
 INDEX TO CHARTER 
 
 175, 
 
 174, 
 
 Health of City, Powers and duties of Board when organized, 170 
 Board may establish quarantine laws, 
 
 duty of steamboats, 
 
 lot owner or occupant to keep same clean, 
 lot owner to clean paved gutters and penalty, . 
 slops and garbage, how disposed of, 
 
 manure, how disposed of, ♦ . 
 
 office of Health Inspector created, .... 
 powers, duties and compensation of this officer, 170, 171 
 cellars to be purified (see Cellars.) 
 power of health officers over boats, freights, 
 power to destroy infected beds, clothing, &c., 
 
 power over privies, &c., 
 
 Health Inspector, (see Health of City, Hogs,) 
 
 power over boats, 
 
 office created and duties defined, 
 shall keep complaint book, .... 
 has all the power of Marshal, .... 
 election and compensation, .... 
 power and duty as respects infected beds, &c., . 
 power and duty as respects privies, 
 
 High Street vacated and re-located (see Chap. 95), 
 
 Highways, (see Alleys, Streets,) 
 
 alleys declared to be, 
 
 Hogs, (see Dogs, Geese, Health of City,) 
 
 prohibited from running at large in city, . 
 when at large declared nuisances, . 
 taking up and sale — fees of officers, &c., 
 owner made personally liable, 
 prohibited from being kept in certain parts of city, 
 allowed in certain parts under restrictions, 
 sale and penalty for violations, .... 
 fees of Marshal or health officer, 
 rescue and resistance punished, .... 
 Hoistways, city may require inside of stores, 
 
 Horses, Mules, &c., (see Misdemeanors,) 
 prohibited from running at large, 
 penalty and proceedings, .... 
 
 owner’s liability, 
 
 not to be driven carelessly, &c., in streets, 
 not to be driven dangerously, 
 not to obstruct or be on sidewalks or footway, &c., 196, 205 
 stallions and jacks prohibited unless, &c., . . 197 
 
 not to be carelessly driven, 196 
 
 hitching to public lamp posts prohibited, . 166, 279 
 
 not to be tied to shade trees, 216 
 
 178 
 178 
 171 
 180 
 180 
 181 
 182 
 182 
 
 176 
 188 
 . 214 
 
 178 
 . 180 
 180 
 . 180 
 183 
 . 183 
 214 
 . 288 
 
 98 
 
 . 223 
 223 
 . 224 
 225 
 
 225-29 
 
 226, 227 
 . 228 
 228 
 85 
 
 185 
 
 186 
 186 
 196 
 205 
 
 195, 
 
AND ORDINANCES. 
 
 XIX 
 
 Horses, &c. Charter gives power to prohibit fast driving, 40 
 
 not to be shod in streets, 202 
 
 Hose, protected from injury, 27G 
 
 Horse Railways, right of city to grant use of streets to, . 00 
 
 Houses of III Fame, charter gives power to suppress, . 39 
 
 ordinance to suppress, 183, 240 
 
 declared nuisances, 240 
 
 keepers and visitors to be punished, .... 240 
 rules of evidence in such cases, .... 240 
 
 when entered by force, 241 
 
 house, how examined and closed, .... 241 
 
 Huckster defined, 83 
 
 Hydrants and Pumps, charter gives city power to erect, 38 
 
 I. 
 
 Ice and Snow, removal from sidewalk, . . .84, 90, 252 
 
 III Fame, (see Houses of.) 
 
 Illegal Voting, (see Voters.) 
 
 Imprisonment, (see ordinance No. 41, Art. 2,) 
 
 charter gives power to in certain cases, . . .52 
 
 otherwise it would not exist, 65 
 
 cannot exceed thirty days, 201 
 
 Improvements, (see Sidewalks, Streets, Local Assessments.) 
 
 Impounding, (see Dogs, Hogs, Pound,) 225 
 
 Infectious Diseases, (see Health of City, Cholera, Small-pox.) 
 Inspection, power to provide for inspection of articles 
 
 given by charter, 39, 40 
 
 Indecency prohibited, 144, 196 
 
 Inflammable Substances regulated, . . . . 157 
 
 Inspector — Health, (see Health of City.) 
 
 Interments, city may prohibit intra-mural interments, . 85 
 
 Intoxicating Liquors, power given by charter, . . 39, 40 
 
 ordinance relating to repealed, 242 
 
 as to power of city to license, .... 64 (notes) 
 
 Intoxicated Persons, duty of Marshal to arrest, . . .196 
 
 Injuries, (see Chapters 105 and 107,) 
 
 to lamp posts punished, 165 
 
 Indefinite Postponement, motion for, . . . 284 
 
 J. 
 
 Jacks and Stallions not to be professionally exercised in 
 
 public view, 197 
 
 Jail, use of by city, 90 
 
 Jenny Lind Table, license required, ... .161 
 
 41 
 
XX 
 
 INDEX TO CHARTER 
 
 Journal of Proceedings required by charter, ... 30 
 
 to be signed by Clerk, &c., 54 
 
 its effect as evidence, G8 
 
 ordinances to be recorded therein, .... 128 
 
 Judgments against city, when liens on its property, . 29 (note) 
 appeal lies from judgments of Mayor, &c., . . 50, 5G 
 
 city can’t pay judgment in scrip, GG 
 
 judgment for fines, liow collected, .... 200 
 
 Jurors, fees of, in city cases, may be regulated by city, . 40 
 
 Justice of Peace, Mayor is tx officio Justice of the Peace, 43 
 
 same as to Police Magistrate, 58 
 
 Jugglers, license required, 230 
 
 K. 
 
 Kennedy W. W., certain privileges granted to, . . 268 
 
 Kerosene, storage keeping, manufacturing, &c., regulated, 157 
 not more than five barrels to be kept in fire limits, . 158 
 
 must be retailed by daylight or gaslight, . . 158 
 
 how stored outside fire limits, 159 
 
 L. 
 
 Landing — public, (see Wharfs,) 
 
 obstructions on forbidden, 265 
 
 lumber, &c., how long to remain, . . . 265, 267 
 
 steamboat landing defined, 264 
 
 raft landing defined, 264 
 
 gravel, stone, &c., not to be removed, . . . 265 
 
 privileges granted Burrows & Prettyman and Strong 
 
 Burnell, 112 
 
 included in fire limits, 154 
 
 “ Landing — Reserved,” (see Wharf,) 
 
 decision of Supreme Court respecting, . 69, 70, 71, 72 
 
 dedication of landings, 76 
 
 extracts from city records respecting, ... 93 
 
 Lamps, (see Gas, Chap. 105,) 298 
 
 public lamp post defined, .... 164 (note) 
 
 lamp posts protected and hitching to forbidden, 166, 279 
 lamp and lamp districts, ordinance relating to, (see 
 
 Chap. 91,) 278 
 
 Land, proceedings for taking for streets, &c., . 45-51, 234 
 
 when sold for taxes, 36, 37 
 
 city may hold in trust for certain purposes, . . 63 
 
 city may acquire, hold and convey, . . 28 (note) 
 
 Lewd Conduct prohibited, 196 
 
AND ORDINANCES. 
 
 XXI 
 
 Lectures, when license required, .... 
 
 . 229 
 
 Liability of City, (see Contracts, Officers, Suits.) 
 
 
 Licenses, (see Clerk of City, Wharf,) 
 
 
 charter gives power to require in a variety of 
 
 cases, . 39 
 
 this power is valid, 
 
 . 64, 84 
 
 for auctioneers required, .... 
 
 . 113 
 
 city not liable for misconduct of, 
 
 88 
 
 for theatres, shows, exhibitions, &c., . 
 
 . 229 
 
 for hawkers and pedlars, . . . . 
 
 184 
 
 for pawnbrokers, 
 
 . 244 
 
 for drays, hackmen, &c., 
 
 140 
 
 for shooting galleries, 
 
 . 163 
 
 for games of amusement, 
 
 161 
 
 to sell lumber, 
 
 . 242 
 
 not transferable, 
 
 236 
 
 when to terminate, . . 
 
 . 144, 247 
 
 power to reduce, 
 
 184 (note) 
 
 Liquors, (see Intoxicating Liquors.) 
 
 
 Limitations, statute of, 
 
 . 66 
 
 Le Claire’s Second Addition annexed to city, 
 
 97 
 
 Loans by City of $59,000, 
 
 . 188 
 
 of $40,000, 
 
 238 
 
 of $75,000, 
 
 . 238 
 
 of $200,000, 
 
 259 
 
 Local Assessments and Improvements, . 67, 68, 221, 223 
 
 (See Sidewalk, Streets, Taxation.) 
 
 
 special tax may be levied, on petition, &c., 
 
 59 
 
 power must be strictly pursued, ) 
 
 68 
 
 decisions respecting, .... 67, 
 
 , 68, 221, 223 
 
 Lot, (see Elections,) 
 
 217 
 
 Lowest Bidder, (see Contract,) .... 
 
 . 130 
 
 LuxMber, (see Fire Limits,) 
 
 
 charter gives right to inspect and measure, 
 
 39 
 
 ordinance as to inspection and measurement, 
 
 . 187 
 
 transient dealers in taxed, .... 
 
 242 
 
 amount of license, penalty, Ac., . 
 
 . 243 
 
 yards in fire limits, 
 
 156 
 
 how long to remain on landing, . 
 
 . 265 
 
 M. 
 
 
 Macadamizing, (see Sidewalk ordinance and note,) 
 
 
 special tax for when authorized by charter, 
 
 . 59 
 
 an ordinance relating to, 
 
 231 
 
 duty of Engineer under, .... 
 
 . 231 
 
 what part city pays for, 
 
 232 
 
 mode of collection, 
 
 . 232-233 
 
XXII 
 
 INDEX TO CHARTER 
 
 Magistrate — Police, (see Police Magistrate.) 
 
 Main Street, width of sidewalk, 262 
 
 continuation of, 193 
 
 width of, . 193 
 
 Manure, how disposed of, 181 
 
 Mandamus, (see Taxation,) 
 
 to compel levy of tax, when, . . . . 34, 68 
 
 to compel delivery of books and records, . . 69 
 
 Manufacture of Combustibles regulated, .... 157 
 Maps and Plats, officers to preserve, . . . 129, 136 
 
 Market and Market Houses, charter gives power to 
 
 erect and establish, 39 
 
 decisions of Supreme Court on this part of charter, 193 
 ordinance relating to market houses, . . . 190 
 
 repeal of same, 192, 236 
 
 decisions of court relating to market and market 
 
 houses, 62, 86, 193 
 
 Mayor, (see this “index” title Charter, Art. 3 and 6,) 
 
 holds office for one year, 31,119 
 
 who eligible, 31 
 
 tie vote, vacancy, absence, 31 
 
 presides and gives casting vote, .... 42 
 
 Mayor pro tem., 31,42 
 
 duties, powers and jurisdiction, .... 43 
 
 salary and removal, 44 
 
 has two functions — 1st, executive and municipal, 31, 72 
 
 2d, judicial, . . . . 43, 72 
 
 bond required, 43, 120 
 
 election, oath and bond, 119, 120 
 
 docket of, 54 
 
 executes tax deeds, 36 
 
 absence or inability of Mayor, . . . . 32, 72 
 
 his powers and duties depend upon charter and ordi- 
 nances, 72 
 
 appoints pro tem. City Solicitor, 118 
 
 shall sign all city contracts, 57 
 
 issue proclamations to muzzle dogs, . . . .146 
 
 fixes amount of bonds, 120 
 
 salary fixed, 138 
 
 deduction for absence, 139 
 
 may appoint Board of Health, 169 
 
 is president of same, 169 
 
 appoints wharf master, 265 
 
 may direct removal of buildings at fires, . . 274 
 
 appoints standing committees (see Chap. 92), . . 284 
 
 appoints Health Inspector, 182 
 
AND ORDINANCES. 
 
 XXIII 
 
 Mayor, action of in cases of nuisances, .... 
 appoints police force and is head of 
 
 may remove policemen, 
 
 may, with consent of Council, make police rules, 
 duty as respects dangerous shade trees, 
 has charge of armory in riots, 
 
 Mayor presides in Council, .... 
 
 appeal from his decisions to Council, 
 
 gives casting vote, 
 
 how to be addressed, 
 
 Marshal, oath and bond as Collector, 
 
 what to collect, and when to pay over, . 
 mode of collection of taxes, .... 
 
 omitted property to be assessed and error reported, 
 distress and sale —receipts, &c., 
 return of tax warrant, .... 
 sale and redemption of real estate, 
 collector’s fund, settlement and penalty for neglect, 
 election, term, bond, oath, &c., 
 duty to enforce ordinances, 
 complaint may be made to him, 
 must make reports to Council, 
 
 Assessor made Deputy Collector, 
 
 Marshal must receive all money, 
 books to be kept by him, 
 pay over to Treasurer all moneys, 
 
 salary and fees, 
 
 must attend meetings of Council, 
 effect of failure to do so, 
 power over drivers of hacks, &c., 
 duty in relation to dogs, . 
 
 duty in relation to licenses, 
 duties in connection with Board of Health, 
 duty to seize horses running at large, and fee, 
 shall arrest persons intoxicated, 
 shall institute suits for penalties, 
 shall give permission to persons building to use a cer- 
 tain portion of street, .... 
 
 shall examine foul buildings, &c., and direct the clean- 
 ing of them, 204 
 
 shall notify persons to fill up places containing stagnant 
 
 water, 206 
 
 shall remove nuisances, 208 
 
 shall notify persons to repair sidewalks, . . 220 
 
 shall enforce ordinance relating to shows, &c., . 228 
 
 shall collect macadamizing taxes, .... 232 
 
 . 
 
 209 
 
 
 211 
 
 
 212 
 
 
 212 
 
 
 216 
 
 
 278 
 
 42, 
 
 281 
 
 
 281 
 
 
 281 
 
 
 281 
 
 100, 
 
 119 
 
 
 100 
 
 
 102 
 
 1 , 
 
 103 
 
 
 104 
 
 
 105 
 
 . 106-8 
 
 t, . 
 
 109 
 
 119, 
 
 120 
 
 
 121 
 
 
 121 
 
 122, 
 
 124 
 
 122, 
 
 124 
 
 
 123 
 
 123, 
 
 ,124 
 
 122, 
 
 124 
 
 
 137 
 
 
 139 
 
 
 140 
 
 
 143 
 
 146 
 
 -149 
 
 
 162 
 
 170, 
 
 171 
 
 185, 
 
 , 186 
 
 
 196 
 
 
 200 
 
 203 
 
XXIV 
 
 INDEX TO CHARTER 
 
 Marshal, shall arrest persons driving sleighs without bells, 
 shall have charge of the Council Room and attend 
 
 meetings of the Council, 
 
 shall deliver papers to officers, .... 
 
 shall bring suits for penalties, 
 
 shall pay over fines, 
 
 power over privies, 
 
 duty as to shade trees, 
 
 interference with punished, 
 duty to enforce license ordinance, . 
 duty as to houses of ill fame, 
 duty under poll tax ordinance, 
 
 is City Armorer, 
 
 Masonry, how to be measured, (see Chap. 93), . 
 
 Measures, (see weights and measures,) 
 measurement of wood, &c., 
 measurement of lumber, 
 
 250 
 
 280 
 28G 
 . 200 
 200 
 . 215 
 216 
 224, 228 
 230 
 . 240 
 258 
 . 278 
 287 
 
 114 
 
 187 
 
 Meetings of Council, (see Charter, Council,) 
 
 validity of corporate meetings, quorum, . . 29 (note) 
 
 twelve regular meetings required by charter, . 31 
 
 special meetings, when to be held and called, 31, 42, 280 
 
 decisions referred to, 60, 61 
 
 ordinance relating to corporate meetings, . 250, 280 
 
 notices of special meetings, how served, . . . 280 
 
 rules and order of business, 280 
 
 Minutes, to be read in Council, 281 
 
 Misdemeanors, (see Nuisance, Health of City,) 
 
 ordinance concerning, 194 
 
 three or more unlawfully assembling, . . .194 
 
 noisy disturbances of public quiet, . . . 195 
 
 horses and wagons on sidewalk and street foot way 
 
 crossings prohibited, 195 
 
 indecent and lewd behavior punished, . . . 196 
 
 careless driving prohibited, 196 
 
 drunken persons in streets punished, . . . 196 
 
 stallions and jacks not to be let unless, &c., . . 197 
 
 cars limited to six miles per hour, . . . . 197 
 
 M. & M. R. R. Co., (see cars, railroads, taxes,! 
 
 granted use of 5th street, on conditions, . . 159, 90 
 
 rate of speed not to exceed six miles per hour, 160, 197 
 bells to be kept continually ringing, (see Chap. 104,) 160, 197 
 decision of Supreme Court respecting the use of 
 streets of city referred to, .... 79, 90 
 
 grade of Depot and Farnam streets, . . . 151 
 
 Mobs, power to suppress, 67 
 
 city not liable for property destroyed, ... 88 
 
AND ORDINANCES. 
 
 XXV 
 
 Mobs, Mayor has charge of Armory in riots and mobs, . 278 
 
 Motions, when charter is silent as to mode, city may act by 
 
 motion or resolution, 82 
 
 motions to be seconded, and in writing if required, . 282 
 may be withdrawn before decision or amendment, . 282 
 
 order of motions and when debatable, . . 283 
 
 motion to lay on table, 283 
 
 other motions, 282, 285 
 
 motion to amend, refer, postpone and rconsider, . 284 
 
 Money, action to recover back, .... 35 note, 88 
 
 how appropriated, 66 
 
 rule as to appropriations, (see Chap. 92, Rule 39£). 
 
 Mules, (see Horses), 
 
 not to run at large, 185 
 
 Muzzled, dogs, when to be, 145 
 
 X. 
 
 Naked Persons, public appearance of punished, . . .196 
 
 Naptha, (see Fire Limits.) 
 
 Navigation op River, (see Landing, Wharf, and Wharfage,) 
 
 charter gives city power to improve and preserve, . 39 
 
 decision of Supreme Court, 69-72 
 
 ordinance to preserve, 264 
 
 Neglect, when city liable for neglect of its officers 
 
 and agents, 73, 75, 87, 89 
 
 Nine-pin Alley, license required, .... 133, 161 
 
 Notes, (see Bills and Notes.) 
 
 Notice to city of unsafe condition of its streets as an element 
 
 of liability, 89 
 
 Nuisances, (see Health of City, Marshal, Streets,) 
 
 charter gives city power to declare, prevent and abate, 38 
 
 under code, 66 
 
 city cannot create nuisance on its own property, . 87 
 
 author of nuisance liable directly or over to city for 
 injury done by the nuisance, .... 90,208 
 
 ordinance to prevent, 166 
 
 slaughter houses, how to lie kept and cleaned, . 168, 171 
 
 lot owner not to cause, 171 
 
 slops, garbage, &c., how disposed of, . . . .180 
 
 manure, how disposed of, 181 
 
 ordinance to prevent and abate nuisances on streets and 
 
 sidewalks, 201 
 
 duty of Marshal to abate nuisances, . . 208 
 
 soap boilers, &c., not to create nuisances, . . . 204 
 
 privies, when a nuisance and how cleaned, &c., . 214 
 
XXVI 
 
 INDEX TO CHARTER 
 
 Nuisances. Nauseous and foul discharges into streets pro- 
 hibited, 204 
 
 carion and filth not to be placed in streets, &c., . 204 
 
 hogs at large declared to be, 223 
 
 houses of ill fame declared nuisances, . . . 240 
 
 Numbering of buildings in fire limits, 155 
 
 O. 
 
 Oath, (see various city officers, as Clerk, &c.,) 
 
 charter requires oath from Mayor and Aldermen, . 30 
 
 when to be taken, . . . . . . . 33 
 
 bond and oath required by charter of city 
 officers, 37, 38, 120, 121 
 
 form of oath of office, 120 
 
 oath of Commissioner to condemn property, . . 4G 
 
 trial for violating oath, 121 
 
 Obstructions, (see Landing, Streets, Sidewalks,) 
 
 Offenders, charter gives power to punish, .... 52 
 
 (See Misdemeanors.) 
 
 Officers, (see Attorney, Bond, Council, Clerk, Elections, Engi- 
 neer, Health Inspector, Marshal, Mayor, Oath, Salary, 
 Vacancy,) 
 
 removal from ward vacates office of Alderman, . 29, 74 
 Council determines contested election, . . 30, 217 
 
 tie elections, 31, 217 
 
 vacancy, how filled, 31, 32, 55 
 
 election for city officers, when and how, . 32, 119, 258 
 
 when officers to qualify, 33, 120 
 
 who may vote, 33 
 
 what officers to be elected and what appointed, 37 and note, 
 oath and bond may be required, ... 38, 120 
 
 removal of Mayor from office, how, ... 44 
 
 Council may remove certain officers, . . .37 (note) 
 
 decisions as to vacancies, 73, 74 
 
 action of de facto officers valid, . . . . 61, 84, 85 
 
 power of Council to indemnify its officers, . . 73 
 
 when city liable for acts of its officers, 73, 75, 87, 133 (note) 
 
 personal liability of officer, 73 
 
 general rules of law as to compensation, . . 74 
 
 extra pay cannot be claimed, 74 
 
 when his appointment is a contract, . . . 75 
 
 entitled to actual notice of removal by Council, . 74 
 
 when Council may appoint or elect, . . . 258 
 
 effect of failure and neglect of Marshal and 
 officers to perform duties, . . .37 (note), 109 
 
AND ORDINANCES. 
 
 XXVII 
 
 Officers, when to settle 
 
 &c„ . . . 101 , m 
 
 trial and removal of officers by Council, 
 resignation, to whom made, 
 ordinance fixing salaries, &c., 
 compensation of health officers, 
 interference with officers punished, 
 
 Official Bonds, (see Bonds, Officers.) 
 
 Openings in Streets, (see Grates, Sidewalks, Streets,) 
 Orders or Warrants. “ Order book ” required by char- 
 ter, and how kept, 54 
 
 orders to be signed by Mayor and attested by Clerk, 
 
 109, 123-126 
 . 121, 132 
 74 
 . 136 
 
 173, 183 
 200, 213, 228 
 
 89 
 
 80, 
 
 125 
 57 
 81 
 81 
 81 
 81 
 81 
 81 
 
 124 
 
 125 
 
 125 
 125-6 
 
 126 
 
 128 
 
 280 
 
 281 
 
 not negotiable so as to cut off defense by city, 
 cannot issue warrant for more than amount due, 
 audited accounts, how far binding on city, 
 paid orders void even if re-issued, 
 may issue orders for legal debts, 
 orders on special fund, . 
 orders, how to be cancelled, .... 
 all orders to be entered by Clerk in books, 
 receipt for orders delivered to be taken, 
 report respecting orders by Clerk, 
 report respecting orders by finance committee, 
 no order to be issued till allowed by Council, 
 
 Order of Business, rules of, 
 
 order of business prescribed, .... 
 
 Ordinances, charter gives city power to pass on many subjects, 37 
 must not conflict with State law 7 , . . .40, 65, 81 
 
 must be reasonable, consistent with law 7 and pub- 
 lic policy and not unequal, . . . 81, 82, 83 
 
 valid ordinance of equal force with a general law, 82, 85 
 
 when city may act by motion or resolution, . . 82 
 
 signing of ordinances, when essential, . . .57, 82 
 
 when and by what courts judicially noticed, . . 82 
 
 no force outside of city, 82 
 
 resolution and ordinance distinguished, ... 82 
 
 prosecutions for violation are quasi criminal, . 82 
 
 general power to pass (see Charter, p. 40) construed, 83 
 what power Council can and cannot delegate, . . 83 
 
 must not be in restraint of trade, .... 84 
 
 ordinances under police pow T er, 84 
 
 city cannot make unjust discriminations, . . 85 
 
 may be good in part and void in part, ... 86 
 
 ordinances to be recorded and preserved by Clerk, 128 
 
 compensation for recording, 128 
 
 how changed and amended, see Chap. 92, Rule 40. 
 punishment for violating ordinances, . . . 201 
 
 42 
 
XXVIII 
 
 INDEX TO CHARTER 
 
 Ordinances, repeal of and effect of, . . . 230, 237 
 
 ayes and nays required in adopting, repealing, or 
 
 amending ordinance, 282 
 
 committee on ordinance to be appointed, . . . 284 
 
 eight votes necessary to pass ordinance at first meeting, 282 
 amendments to be written out in full, . . . 286 
 
 Different chapters of revised ordinances, to-wit : 
 
 Chapter 1 includes Le Claire’s 2d addition. . 97 
 
 Chapter 2, auction of fruits, &c., on streets, . 97 
 
 Chapter 3, alleys declared public highways, . . 98 
 
 Chapter 4, revenue ordinance, ... 98, 100 
 
 Chapter 5, extension of Brady street, . . .111 
 
 Chapter 6, bathing prohibited, . . . . Ill 
 
 Chapter 7, allowing Burrows & Prettyman to erect 
 
 bulkhead, 112 
 
 Chapter 8, allowing S. Burnell to use part of landing, 112 
 
 Chapter 9, relating to auctioneers, . . . 113 
 
 Chapter 10, weighing and sale of hay, coal and wood, 114 
 Chapter 11, as to City Solicitor and his duties, . 117 
 
 Chapter 12, allowing use of part of landing to Cotes 
 
 & Davies, 119 
 
 Chapter 13, providing for election of Mayor, Clerk, 
 
 Treasurer and Marshal, 119 
 
 Art. II, Deputy Collector, . . . . 122 
 
 Art. Ill, books and accounts, . . . .123 
 
 Art. IV and V, vacancies and duty of Clerk, 127, 128 
 Chapter 14, as to City Engineer and his duties, . 128 
 
 Chapter 15, as to Street Commissioner and Sexton, 133 
 
 Chapter 16, as to City Assessor, . 
 
 135 
 
 Chapter 17, as to salaries of city officers, 
 
 . 136 
 
 Art. II, Mayor and Aldermen, 
 
 138 
 
 Art. Ill, other officers, .... 
 
 . 139 
 
 Art. IV, to secure attendance, 
 
 139 
 
 Chapter 18, as to draymen, carmen, Ac., 
 
 .. 140 
 
 Art. 11, draymen and teamsters, . 
 
 142 
 
 Art. Ill, licenses, term of, ... 
 
 . 144 
 
 Chapter 19, as to discharge of firearms, rockets, 
 
 &c., 145 
 
 Chapter 20, as to dogs, .... 
 
 145 
 
 Chapter 21, ordinance to prevent fires, . 
 
 . 149 
 
 Chapter 22, as to Depot and Farnarn street, 
 
 151 
 
 Chapter 23, extension of Fourth street, . 
 
 . 152 
 
 Chapter 24, fire limits established, 
 
 153 
 
 Art. II, building to be numbered, . 
 
 . 155 
 
 Art. Ill, lumber yards, .... 
 
 15G 
 
 Art. IV, kerosene, &c., .... 
 
 . 157 
 
 Chapter 25, use of 5th street by R. R. Co., . 
 
 159 
 
AND ORDINANCES. 
 
 XXIX 
 
 Ordinances, different chapters of, to-wit : 
 
 Chapter 20, to license games of amusement, . . 161 
 
 Chapter 27, gas ordinance and street lamp, . 163 
 
 Chapter 28, Goodrich, Wheeler & Yantis granted cer- 
 tain privileges repealed, . . . .166 
 
 Chapter 29, to secure health and prevent nuisances, 1G6 
 Part 1, general ordinance, .... 166 
 
 Part 2, Board of Health, 169 
 
 Part 3, Health Inspector, &c., . 180 
 
 Part 4, contagious diseases, . . .183 
 
 Chapter 30, as to hawkers and pedlars, . . 184 
 
 Chapter 31, horses restrained from running at large, 185 
 Chapter 32, as to public landing (see Chap. 84), . 186 
 
 Chapter 33, relief to Le Claire and Davenport, . 187 
 
 Chapter 34, inspection and measurement of lumber, 187 
 
 Chapter 35, loan for $59,000, 188 
 
 Chapter 36, market house ordinances, . 190 
 
 Chapter 37, extension of Main street, . 193 
 
 Chapter 38, concerning Misdemeanors, . . 194 
 
 Chapter 39, extension of Twelfth street, . . 198 
 
 Chapter 40, extension of Perry street, . . 198 
 
 Chapter 41, relating to penalties, .... 200 
 
 Chapter 42, abatement and removal of nuisances, 201 
 
 Chapter 43, police ordinance, 211 
 
 Chapter 44, as to privies, 214 
 
 Chapter 45, as to shade trees (see Chap. 105), . 215 
 
 Chapter 46, tie and contested elections, . . 217 
 
 Chapter 47, fixing width of 7th street, . . . 219 
 
 Chapter 48, construction of sidewalks, . . 220 
 
 Chapter 49, hog ordinances, 223 
 
 Art. I, restraining hogs, .... 223 
 
 Art. II, hog limits, &e., 225 
 
 Art. Ill, restraining geese, .... 229 
 
 Chapter 50, licensing shows, exhibitions, concerts, 
 
 &c., 229 
 
 Chapter 51, streets, sidewalks and public landing, 231 
 Chapter 52, licenses not transferable, . . . 236 
 
 Chapter 53, repeal of market ordinances, . . 236 
 
 Chapter 54, right to repeal ordinances reserved, &c., 236 
 Chapter 55, loan of $40,000, .... 238 
 
 Chapter 56, loan of $75,000, 238 
 
 Chapter 57, vagrancy ordinance, . . . 240 
 
 Chapter 58, sale of intoxicating liquors (repealed ) 242 
 
 Chapter 59, as to transient lumber dealers, . . 242 
 
 Chapter 60, firemen exempt from poll tax, . 244 
 
 Chapter 61, as to pawnbrokers, .... 244 
 
XXX 
 
 INDEX TO CHARTER 
 
 Ordinances, different chapters of, to-wit : 
 
 Chapter 62, as to salaries of city officers, . . 246 
 
 Chapter 63, as to engine house, .... 247 
 
 Chapter 64, when licenses end, .... 247 
 Chapter 65, wards established and bounded, . 247 
 
 Chapter 66, City Physician abolished, . . . 248 
 
 Chapter 67, relief Strong Burnell, . . . 249 
 
 Chapter 68, sidewalk assessment, .... 249 
 
 Chapter 69, compensation of policemen repealed, 249 
 
 Chapter 70, fees Police Magistrate, . . . 249 
 
 Chapter 71, alley in block 91 vacated, . . . 250 
 
 Chapter 72, time for regular meetings of Council, 250 
 Chapter 73, bells to be used in sleighing, . . 250 
 
 Chapter 74, coasting on certain streets prohibited, 251 
 Chapter 75, errors in Assessor’s book, . . . 251 
 
 Chapter 7G, ice and snow on sidewalk, . . . 252 
 
 Chapter 77, road poll tax ordinance, . . . 252 
 
 Chapter 78, appointment and election of officers by 
 
 Council, 258 
 
 Chapter 79, as to loan of $200,000, . . . 259 
 
 Chapter 80, width of certain sidewalks, gutters, &c., 262 
 Chapter 81, Macadamizing Perry Street, . . . 263 
 
 Chapter 82, vacating roads in Mitchell’s addition, 263 
 Chapter 83, Lowry, Thomas & Co., to construct side 
 
 track, 263 
 
 Chapter 84, as to public landing, .... 264 
 Chapter 85, lumber yards in city, . . . 268 
 
 Chapter 8G, W. W. Kennedy granted certain privi- 
 
 liges, 268 
 
 Chapter 87, numbering of buildings in fire limits . 269 
 
 Chapter 88, fire department ordinance, . . 269 
 
 Chapter 89, as to suits against city, . . . 277 
 
 Chapter 90, city armory, 278 
 
 Chapter 91, lamps and lamp districts, . . . 278 
 
 Chapter 92, rules and order of business, . . 280 
 
 Chapter 93, masonry, liow measured, . . . 287 
 
 Chapter 94, liay scales on Harrison street, . . 288 
 
 Chapter 95, as to High street, .... 288 
 Chapter 96, vacation of alley in block 71, . . 288 
 
 Chapter 97, trespassers on cemetery punished, . 289 
 
 Chapter 98, defining road fund, .... 290 
 
 Chapter 99, substitute brokers, .... 290 
 
 Chapter 100, regulation of weights and measures, 291 
 
 Chapter 101, gift enterprises, 295 
 
 Chapter 102, gunpowder, how kept, &e., . . 295 
 
 Chapter 103, vicious and unruly criminals, . . 296 
 
AND ORDINANCE?. 
 
 XXXI 
 
 Ordinances, different chapters of, to-wit : 
 
 Chapter 104, regulating and running of cars, &c., 297 
 
 Chapter 105, concerning lamp posts, tree boxes, fences, 
 
 posting of bills, &c., 298 
 
 Chapter 106, as to mode of filling vacancies, . 299 
 
 Chapter 107, as to rubber guns, breaking windows, &c. 299 
 Chapter 108, as to present revision of ordinances, 300 
 
 Openings in Side Walks, regulated, 210 
 
 Ornamental Trees, (see Trees and Chap. 105,) protected, 215 
 when dangerous, what to be done with, . . . 216 
 
 not to be tied to or injured, 216 
 
 (see Chap. 105.) 
 
 P. 
 
 Paupers, city not liable for support of, .... 90 
 
 Pavements, (see Side Walks, Streets, Suits,) 
 
 ordinance relating to paving, &c., .... 231 
 
 Pawnbrokers, ordinance relating to, 244 
 
 license required and books, &c., to be kept, . . 245 
 
 Pedlars and Hawkers, license required, . . . .184 
 
 Penalties, (see Ordinance No. 41 / also Pines, Forfeitures and 
 Imprisonment,) 
 
 charter giving power to impose, . . . . 40, 52 
 
 recovered in name of city, . . . . .54 
 
 improved for, 52 
 
 ordinance relating to, 200 
 
 Marshal to sue for in name of city, . . . . 200 
 
 offender may be imprisoned, 200 
 
 lines to be paid into treasury, 200 
 
 imprisonment not to exceed 30 days, .... 201 
 
 Performances, license when required, .... 229 
 
 Perry Street, extension, width and opening of . .199 
 
 Petition, of property owners necessary to levy certain special 
 
 taxes, 59 
 
 Physicians, office of city physician abolished, . . . 248 
 
 duties under health ordinance, . 169, 172 
 
 Pistols, firing of prohibited, 145 
 
 Platting Streets, &c., (see Dedication,) 
 
 effect of 75, 77 
 
 Police Force, charter gives council power to regulate, 40, 84 
 police officers have only power given by ordinance, 75 
 
 ordinance establishing and regulating, . . .211 
 
 power over carmen and hackmen, &c., . . . 143 
 
 when to attend Board of Health, . . . .170 
 
 Police force at fires, 274 
 
XXXII 
 
 INDEX TO CHARTER 
 
 Police Magistrate, jurisdiction under charter, ... 58 
 
 fees and costs regulated, .... 137, 249 
 
 Poll Tax, (see Street Commissioner,) 
 
 charter, provisions on subject, . . . . * 51, 52, 53 
 
 substance stated, 53 (note.) 
 
 ordinance relating to its collection, .... 252 
 
 firemen exempt from, 244 
 
 Porches, not to be placed in streets and alleys, . . 202, 210 
 
 Poor, city not liable for support of, 90 
 
 Posts, (see lamps.) 
 
 Porters and Porterage, council may license and regulate, 39 
 
 Pound, when dogs to be impounded, 147 
 
 when bogs to be impounded, .... 225, 228 
 
 note of decision relating to, 225 
 
 Powers op City, (see charter,) tests to determine, . 28 (note.) 
 
 Previous Question, when taken, 283 
 
 Privies, (see ordinance No. 44,) 
 
 in fire limits, 153, 154 
 
 Part 1, as to construction of, 214 
 
 depth, how walled and where built, . 214 
 
 Part 2, as to cleansing of, &c., .... 214 
 
 when nuisances, and how abated, . . 215 
 
 who liable to clean and cleanse, . . . 215 
 
 Process, Writs, &c., may be issued by Mayor in usual form, 44 
 
 how served against city, 57 
 
 Proposals, (see Bids, City Engineer, Contracts.) 
 
 Promissory Notes, (see Bills and Notes.) 
 
 Prostitutes, (see houses of ill-fame.) 
 
 Public Property and Grounds, (see Dedication,) 
 
 power of city to buy and hold, . . . .28 
 
 duty of proprietors in certain cases to lay out, . 27 
 
 city, her power to lay out public squares, ... 45 
 
 what amounts to dedication and how proved, . 75, 77 
 
 rights of adjacent owners, 76 
 
 duty of City Engineer, 129 
 
 Public Peace, disturbance of prohibited, . . . .195 
 
 Public Health, (see Health of City.) 
 
 Public Measurer, of wood, and weigher of hay and coal, 114 
 Public Landing, (see Landing and Wharfs.) 
 
 Public Works, when city liable in damages, . . .87, 133 
 
 Publication, of ordinances, charter, provision, . . .40 
 
 Punishments, (see Fines.) 
 
 Qualification, (see Election, Officers, Vacancy.) 
 
AND ORDINANCES. 
 
 XXXIII 
 
 Quarantine, (see Health of City,) 
 
 ordinance relating to, 178 
 
 Quorum, (see Charter, Meetings,) 
 
 defined and explained, . . 29 (note), 60, 61, 280 
 
 majority of council makes a quorum, .... 30 
 
 evidence respecting number present, ... 61 
 
 seven besides Mayor, make a quorum, . . . 280 
 
 K. 
 
 Rafts, (see AVharfs.) 
 
 Railroads, (see Cars, M. & M. R. R. Co.) 
 
 power to tax real estate of rail roads in city, 35 (note.) 
 use of 5th street by M. & M. R. R, Co., . . 90, 159 
 
 rate of speed in city, 160, 197 
 
 (see Chap. 104,) 297 
 
 street railways in cities, 90 
 
 as to validity of railroad bonds of city, . 240 (note.) 
 
 Rapid Driving, (see Driving Immoderately.) 
 
 Ratification, of acts of officers and agents, when ? . . 62 
 
 Real Estate, (see Land,) 
 
 power of city to acquire, &c., . . . 28 (note.) 
 
 may in certain cases hold in trust, .... 63 
 
 when sold for taxes, 36, 37 
 
 when condemned for streets, &c., . . 45, 51, 234 
 
 laying off into lots, 27 and note. 
 
 Reconsideration, motion to regulated, .... 284 
 Records of City, books to be provided by council, . 54 
 
 journal to be kept and signed, 54 
 
 records of returns of tax sales required, . . 54 
 
 records of acts and reports of street commissioner re- 
 quired, 54 
 
 order book required, 54 
 
 record or docket to be kept by Mayor, . . .54 
 
 records upon whom binding, 68 
 
 parol evidence of corporate acts, ... 61, 68 
 
 amendment of records, ...... 69 
 
 minutes to be read, 281 
 
 Recovering back Money, when city liable to such an ac- 
 tion, 35 (note.) 
 
 when city may recover back money, .... 67 
 
 Redemption, (see Taxation,) 
 
 of lands from taxfsales, 37 (note.) 
 
 ordinance respecting, 108 
 
 Reference, motion to refer regulated, .... 284 
 
 Registry of Dogs required by ordinance, .... 146 
 
XXXIV 
 
 INDEX TO CHARTER 
 
 29 
 . 31 
 
 44 
 
 r (note.) 
 85 
 
 121, 132 
 154 
 288 
 
 05, 236 
 237 
 86, 237 
 
 75, 133 
 . 82 
 
 Removal, (see Officers,) 
 
 of Alderman from ward vacates office, . 
 of Mayor from city vacates office, 
 
 Mayor may be removed for mal-conduct, 
 
 Council may remove certain officers, . 
 removing buildings on streets, 
 trial and removal of officers by Council, 
 removal of frame buildings into fire limits prohibited 
 Renwick, Wm., authorized to erect scales, 
 
 Repeal op Ordinances, (see Wharfs,) 
 
 effect of declared, 
 
 right to repeal reserved, 
 
 when city may repeal, 
 
 Reserved Landing, (see Landing.) 
 
 Respondent Superior, when applicable to cities, . 
 
 Resolution, when city may act by, resolution defined, 
 
 Revenue, (see Taxation and Taxes.) 
 
 Resistance, to police officers punished, . 213 
 
 to other officers punished, .... 200, 213, 228 
 Revision op 1866 op City Ordinances, an ordinance respect- 
 ing (Chap. 108,) 300 
 
 Reports, of Yarious city officers, . . 123-6, 129, 131, 133 
 
 how presented to council, 281 
 
 reports of committees, 286 
 
 Resignation, (see Officers,) 
 
 of officers to whom made, 
 
 Retail op Lumber, by transient dealers defined and taxed, 
 
 Review of, of fire department, 
 
 Rewards, city may offer in cases in which it is interested, . 
 
 Riots and Mobs, (see Mobs,) 
 
 power of city to suppress, 
 
 city not liable for riotous destruction of property, 
 
 Road Fund, defined, (see Chap. 98.) .... 
 
 Roads County, in city limits, 
 
 as right of county to build bridges in city limits, 
 
 Rockets, firing of prohibited, 
 
 Rubber Guns, prohibited, (see Chap. 107,) 
 
 Rules, council has power to make, 
 
 rules of order, (see Chap. 92.) 
 
 how changed, . . 
 
 74 
 
 242 
 
 277 
 
 67 
 
 67 
 
 88 
 
 290 
 
 78 
 
 8, 80 
 145 
 299 
 30 
 280 
 287 
 
 s. 
 
 Salaries, (see Attorney, Clerk, Charter, Fees, Health Inspector, 
 Mayor and other officers.) 
 charter gives City Council power to fix, . 
 
 . 40,44 
 
AND ORDINANCES. 
 
 XXNY 
 
 Salaries, may provide compensation for Aldermen, . . 57 
 
 general principles of law as to salary and compensation, 74 
 salaried officer cannot claim extra pay, ... 74 
 
 an ordinance relating to and fixing salaries, . . 136 
 
 fees and perquisites not to be retained, . . . 137 
 
 Marshal’s salary fixed, 137 
 
 City Clerk’s salary fixed and fees allowed, . . 137 
 
 City Treasurer’s salary fixed, 139 
 
 Street Commissioner’s salary fixed, . . 139 and note. 
 
 salary of Aldermen, 138 
 
 salary of Mayor, 138 
 
 salary of Health Inspector, 183 
 
 salary of City Attorney, 139 
 
 fees of Police Magistrate, 137 
 
 deduction on account of absence, . . . 139, 246 
 
 compensation of Board of Health, . . . .173 
 
 compensation of Health Inspector, . . . 183 
 
 compensation of Wharf Master, 267 
 
 salary of Chief Engineer of fire department, . . 271 
 
 Sale of Land for Taxes, (see Taxation and Taxes.) 
 
 Scales, privilege to Kennedy, 268 
 
 hay scales on Harrison street (see Chap. 94), . . 288 
 
 Schools — common, Council has power by charter to establish 
 
 and support, .38 
 
 Seal of City, city may use and change at pleasure, . 25 
 
 tax assessment to be sealed, 34 
 
 sealing of bonds, &c., when, 57 
 
 not essential in all cases to bind city, . . . G3 
 
 early seals of the city described, .... 96 
 
 Second Street, width of sidewalk, 262 
 
 Sealer of Weights and Measures, (see Weights and Meas- 
 ures.) 
 
 Servants, when city liable for acts of its servants and agents, 75 
 Sewers, (see Local Assessments, Improvements,) . . 80 
 
 liability of city in respect to, 86 
 
 Seventh Street, opening of and width, .... 219 
 
 Sexton — City, (see Cemetery,) 134 
 
 Shade Trees, (see Trees.) 
 
 Shavings, burning, &c., in street prohibited, . . 150, 203 
 
 Shooting Galleries, license required, . . . . 163 
 
 Snows, (see Exhibitions, Licenses,) 
 
 when license required, and amount, . . . 229-230 
 
 Sidewalks, (see Auction, Nuisances, Streets,) 
 
 special tax, when to pave or grade, . . 59,223 
 
 an ordinance relating to construction and repair of, 220 
 width of certain sidewalks fixed, . . . , 262 
 
 43 
 
XXXVI 
 
 INDEX TO CHARTER 
 
 Sidewalks, ordinance as to removal of snow and ice from, 522 
 
 such an ordinance valid, 84, 90 
 
 liability of city for openings in and unsafe sidewalks, 88-90 
 not to be enclosed or obstructed by railings (Chap. 
 
 43 )> 201 , 210 
 
 not to be obstructed by drays, coaches, busses, &c., 143, 205 
 power to prevent conferred, 143 
 
 horses and wagons not to be driven on, &c., . . 195 
 
 sidewalk not to be encumbered by firewood, goods, &c., 205 
 ordinance for improving streets, sidewalks, &c., . 231 
 
 Signing Contracts, Ordinances, &c., . . . . 57, 86 
 
 Slaughter Houses, regulated and to be kept clean, 167, 171 
 
 (See Health of City.) 
 
 Sleighs, (see Bells, Coasting.) 
 
 Slops, &c., how disposed of, .... 
 
 Small-pox, (see Health of City,) 
 
 Board of Health ordinance, .... 
 persons attacked by may be removed, 
 physicians to report cases, .... 
 beds and clothing, how disposed of, . 
 provision for destitute patients, 
 
 Snow and Ice, (see Awnings,) 
 
 ordinance as to removal from sidewalk, 
 
 such ordinances valid, 
 
 Soap Boilers not to create nuisances, 
 
 Special Committee, number of, 
 
 Special Meetings, (see Meetings of Council.) 
 
 Special Privileges, grants of, when repealable, 
 
 Spring Balances, ordinance prohibiting repealed, . 
 
 Squares, (see Public Property and Grounds,) 
 may be dedicated to public by owner, 
 
 may be enclosed by city, 
 
 widow has no dower in, 
 
 do not revert for misuse, 
 
 Steamboats, (see Health of City, Public Landing, Wharfs.) 
 Stables, (see Fire Limits, Fires.) 
 
 Stallions, (see Jacks,) 
 
 Standing Committees appointed by Mayor, 
 
 Stone, &c., not to be removed from landing, . 
 
 Storage of combustibles regulated, 
 
 Stovepipes, (see Fires,) 
 
 Streets, (see City Engineer, Dedication, Sidewalk, Vacation.) 
 
 width required by charter, ... 27 and note. 
 
 cannot be alienated, 28 (note.) 
 
 charter gives power to open and establish grade, &c., 38 
 
 power to vacate streets, &c., . . , 42 and note 
 
 . 180 
 
 169 
 . 170 
 172 
 . 183 
 184 
 
 . 252 
 84, 90 
 . 204 
 285 
 
 . 237 
 
 117 
 
 76 
 
 77 
 77 
 77 
 
 197 
 
 285 
 
 265 
 
 157 
 
 150 
 
AND ORDINANCES. 
 
 XXXVII 
 
 201 , 
 
 Streets, proceedings to lay out specified by charter, . 45-51 
 
 law must be strictly followed, 77 
 
 ordinance on same subject, 234 
 
 mode of proceeding specified, .... 234, 236 
 work on streets (see Poll Tax, Street Commissioner.) 
 three mill road tax authorized, .... 53 
 
 widow has no dower in streets, 77 
 
 when sales in prohibited, 
 auctions in prohibited, .... 
 
 obstructions in, 
 
 careless driving in streets, .... 
 building materials in, ... 
 excavations in to be protected, . 
 duty of City Engineer respecting streets, 
 ascertain lines and grades, .... 
 earth excavated, how disposed of, . 
 fences in buildings in streets, .... 
 
 grades, how established, 
 
 horse shoeing in prohibited, .... 
 
 various erections and nuisances in streets pro 
 
 hibited, 
 
 digging up streets, &c., prohibited, . 
 rubbish, &c., not to be placed on streets, 
 ordinance for improving streets, sidewalks, &c., 
 mode of collection of cost of improvements, . 
 foot crossings to be placed, .... 
 
 dedication, how proved and effect of, 
 city may protect trees in street, .... 
 
 may open and assess benefits, 
 
 building material in street, .... 
 
 buildings cannot be erected in streets, 
 
 nuisances on streets, 79 
 
 how far improved at one time, 
 
 fee is in city, 79, 
 
 power of city over bridges, 
 
 right of free transit and limitations on, . 
 liability for work on streets, 
 moving buildings in streets, .... 
 when city may decline to go on and open, . 
 
 Street Committee, matters referred to, . 
 
 Street Commissioner, (see Poll Tax,) 
 
 may by charter be appointed or elected, . 37 and note, 
 
 power of as conferred by charter, . . .51, 52, 53 
 
 appointment and term, duties, &c., . . . 133, 134 
 
 salary fixed, 139 
 
 to w T ork under direction of street committee, . . 252 
 
 97 
 97 
 210 
 . 196 
 203 
 . 203 
 129 
 . 130 
 131, 202 
 . 132 
 . 133 
 
 . 202 
 
 201-210 
 . 202 
 203 
 . 231 
 233 
 . 233 
 -78 
 78 
 
 78 
 
 79 
 
 78 
 
 90 
 
 79 
 
 91 
 
 80 
 <9 
 79 
 
 85 
 
 86 
 285 
 
 (O 
 
 48, 
 
 78, 
 
 89, 
 
 8 , 7 
 
XXXVIII 
 
 INDEX TO CHARTER 
 
 Street Commissioner, duties and powers under poll tax ordi- 
 nance, . 253 
 
 not to issue certificate of indebtedness, . . . 253 
 
 report required and wliat to be stated, . . . 253 
 
 notice to persons to work on street and to delin- 
 quents, 255, 256 
 
 duty to report and requisites of report, . . . 253 
 
 persons not to dig streets without his consent, . . 202 
 
 Street Lamps, (see Gas, Lamps, and Lamp Districts,) 
 
 ordinance relating to, 165 
 
 when lighted, 165 
 
 injuries and hitching to and climbing upon forbidden, 166 
 
 (see Chap. 105.) 
 
 Street Railways, powers of city relating to, 92 
 
 Suits, (see Action, Contract, Officers, Neglect,) 
 
 city has power to sue and be sued, ... 25 
 
 city has power to sue for fines, penalties, &c., . 40, 52 
 
 process and writs issued by Mayor, ... 44 
 
 appeals allowed to District Court, . . 50, 56, 72 
 
 how process shall be served against city, . . 57 
 
 suits by tax payer against city, . . 35 (note), 73, 88 
 
 action by city to recover back money, when, . . 67 
 
 Alderman aud officers, when personally liable, . . 73 
 
 city may sue for bridge destroyed, .... 80' 
 
 suits for violation of ordinance quasi criminal, . . 82 
 
 city when liable for acts of its officers and 
 
 agents, 75, 83, 87 
 
 liability of city for defective bridges, side- 
 walks, &c., 77-80-88, 89 
 
 not liable for public works if it uses due care, . . 87 
 
 not liable for injuries caused by riots and mobs, . 88 
 
 when liable in trespass, 75, 88 
 
 not liable for conduct of its licensees, ... 88 
 
 suit to recover poll tax, 256 
 
 form of complaint, 256 
 
 duty of officer served with process to notify City At- 
 torney, 277 
 
 Substitute Brokers, license required (see Chap. 99), . 290 
 
 Surface Water, when city is and is not liable for injuries 
 
 by, ......... 86-89 
 
 Swimming, (see Bathing.) 
 
 Swine, (see Hogs.) 
 
AND ORDINANCES. 
 
 XXXIX 
 
 Taxation, Taxes and Assessments, (see Assessments, Local 
 Assessments, Charter, Licenses,) 
 charter gives power to one-half of one per cent, yearly, 33 
 special tax authorized to pay certain debt, . . .41 
 
 three mill road tax authorized, .... 53 
 
 also road poll tax, 51, 52, 53 
 
 extent of power to levy taxes, 34 (note), 53 (note), 67 
 mandamus to compel levy, when, . . 34 (note), 67 
 
 when right exists to tax lands not laid off into lots, 34 (note) 
 
 right to tax banks and stock, . 
 right to tax railroads, 
 action by tax payer against city, 
 State law of 1858 modifies charter, 
 under it purchaser gets deed, 
 interest limited to 25 per cent., 
 
 35 (note), 67 
 35 (note) 
 35 (note), 88 
 37 (note), 110 (note) 
 . 37 (note) 
 37 (note) 
 
 certain special taxes authorized conditionally, . . 59 
 
 power to tax must be expressly given, . . 34 (note), 65 
 
 general principles applicable to taxation by cities, . 67 
 
 cannot levy on real and exempt personal property, 67 
 power to tax and make local improvements must be 
 
 strictly pursued, 
 
 
 . 67, 68 
 
 No. of feet to be represented, 
 
 . . 
 
 . 68 
 
 re-assessments, when, .... 
 
 
 68 
 
 when a personal charge, 
 
 
 . 68 
 
 personal liability for not levying, when, 
 
 
 76 
 
 city not liable for frauds of Collector, 
 
 
 . 73 
 
 city equitably entitled to share of county bridge tax, 80 
 
 general revenue ordinance, 
 
 
 . 98, 100 
 
 Collector’s oath and bond, what to collect, &c., 
 
 . 100 
 
 duty of Clerk, Collector and Treaurer, . 
 
 
 101, 123 
 
 book to be kept by different officers, . 
 
 . 102, 
 
 123, 127 
 
 mode of collection, 
 
 
 102-104 
 
 omitted property, how assessed, 
 
 , , 
 
 . 103 
 
 errors to be reported to Council, 
 
 
 103 
 
 distress and sale and mode, &c., . 
 
 
 . 104 
 
 payment and receipt, .... 
 
 
 104 
 
 return of warrant and form of, . 
 
 
 . 105 
 
 order by Council for sale of real estate, . 
 
 
 105 
 
 publication and mode of sale, 
 
 
 . 106 
 
 deed of Mayor and effect of, . 
 
 
 107 
 
 record of sales by Collector and Clerk, 
 
 
 107-108 
 
 redemption, mode and terms of, 
 
 
 108 
 
 deed on prior sales, .... 
 
 
 . 109 
 
XL 
 
 INDEX TO CHARTER 
 
 Taxation, &c. Collector’s final settlement, 
 
 . 
 
 109 
 
 penalty for official neglect, 
 
 
 109, 121 
 
 informalities cured, 
 
 
 109 
 
 cancellation of tax certificates, 
 
 
 . 110 
 
 notes and decisions respecting revenue, . 
 
 . 34, 37, 110 
 
 books and accounts of officers, how kept, . 
 
 
 123-127 
 
 Deputy Collector, duties, salary, &c , 
 
 
 122 
 
 tax books, how kept, 
 
 
 122, 127 
 
 dogs taxed, and mode, .... 
 
 
 146 
 
 taxes in connection with sidewalks, 
 
 
 220, 223 
 
 lumber dealers taxed, .... 
 
 
 242 
 
 road poll tax and mode of collection, . 
 
 
 252, 256 
 
 lamp tax, when and how collected, 
 
 
 278 
 
 Teamsters, (see Draymen, &c ,) 
 
 ordinance concerning, 
 
 
 . 142 
 
 Telegraph Posts, city not liable for injuries caused by, 
 
 80 
 
 Telegraph Road, in part vacated, 
 
 
 . 263 
 
 Ten-pin Alley, license required, 
 
 
 161 
 
 Theatres, (see Shows, Exhibitions, &c.,) 
 
 to be licensed, &c., 
 
 
 . 230 
 
 Tie in Election, (see ordinance No. 46, Elections.) 
 
 Toll Bridge, city has no power to erect but may erect free 
 
 bridges, 80 
 
 Trees, (see also Chap. 105,) 
 
 shade and ornamental, city may protect, ... 78 
 
 ordinance for this purpose, 215 
 
 removal of when dangerous, 216 
 
 hitching to prohibited, 216 
 
 injuries to or to tree boxes punished, .... 216 
 duty of Marshal and Mayor as to dangerous trees, 216 
 Trespass, when city liable for trespasses of its servants and 
 
 officers, 75, 88 
 
 Treasurer, (see Officers, Taxation,) 
 
 to be elected by the people, 37 
 
 may be removed by Council, .... 37, 121 
 
 election, term, bond, oath and duties, 119, 122, 124 
 
 when to pay out money, 124 
 
 what books to keep and how to cancel orders, . . 124 
 
 when to report, 122, 124 
 
 vacancy, how filled, 127 
 
 Trial of officers for mal-conduct, 121 
 
 Twelfth Street, ordinance for extension of, . .198 
 
 u. 
 
 Unlawful Assemblies prohibited by ordinance, . . 194 
 
AND ORDINANCES. XLI 
 
 y. 
 
 Vacancy, (see Charter, Election, Mayor, Officers). 
 
 removal from ward vacates Alderman’s office, . 29 
 
 vacancies in Aldermen and Mayor filled by election, 30, 31 
 
 Mayor pro tern, when ? 31, 32 
 
 City Council may remove certain officers, . 37 (note) 
 
 City Council may fill temporary vacancies by ordinance, 55 
 
 who may accept resignation, 74 
 
 removal from city vacates office, when, . . .32, 74 
 
 failure to qualify makes vacancy, . . . .120 
 
 vacancy in Treasurer’s office, how filled, . . 127 
 
 tie votes and contested elections, .... 217 
 when Council may elect or appoint officers, . . 258 
 
 as to mode of filling vacancies, (see Chap. 106), . 299 
 
 vacancy in office of Chief Engineer, . . . 271 
 
 Vacation, (see Streets). 
 
 of streets, 38, 42 and note 
 
 of roads in Mitchell’s addition, .... 263 
 
 certain alleys vacated, 250 
 
 alley in block 71 vacated, ..... 288 
 
 Vagrancy, (see Chap. No. 57), 240 
 
 duty of Marshal and Police Officers, . . . 240 
 
 how arrested, tried and punished, .... 240 
 
 vagrants defined, 241 
 
 Vaults, (see Privies, Chap. 44), , 214 
 
 Vessels, (see Boats, Landing, Steamboats, Wharfs). 
 
 Veto, Mayor may recommend , but no veto power is given, 43 
 
 Vicious Animals, how dealt with, (see Chap. 103), . 296 
 
 Voters, who are voters in city, 33 
 
 illegal voting, punishable, . . . .33 and note 
 
 Vote, (see Meetings, Quorum,) 
 
 two-thirds vote of all necessary to expel member of 
 
 Council, 30 
 
 quorum defined, 29 (note), 30 
 
 ayes and nays, 30, 61 
 
 vote on borrowing money, 38, 41 
 
 tie votes in elections, how decided, . . . 217 
 
 two-third vote necessary to change rules of order (see 
 Chap. 92.) 
 
 w. 
 
 Wagons, &c., not to encumber sidewalk, 
 not to encumber streets, cross walks, 
 
 143 
 . 195 
 
XLII 
 
 INDEX TO CHARTER 
 
 Wagons, &c., not to obstruct street, &c., . 
 
 205 
 
 drivers called out at fires to serve, 
 
 . 275 
 
 Wardens, (see Fire Wardens, Kerosene). 
 Wards, (see Officer, Vacancy). 
 
 
 Council has power to establish and fix, . 
 
 38 
 
 boundaries of, fixed, 
 
 . 247 
 
 number of Aldermen and term, 
 
 248 
 
 Warrants City, (see Orders). 
 Warrants of Arrest, (see Process). 
 Warrant, Tax, (see Taxation). 
 Water, (see Surface Water, Sewers,) 
 
 
 charter gives city power to provide, ... 88 
 
 Weights and Measures, charter gives power to regulate, 39, 40 
 weighing of hay and coal regulated by ordinance, . 114 
 
 measurement of wood regulated by ordinance, . 114 
 
 duties of weigher and measurer defined, . . .114 
 
 measurement of lumber, 187 
 
 ordinance regulating weights and measures, (see 
 
 Chap. 100), 291 
 
 duties of sealer of weights and measures, (see Chap. 
 
 100), . • 291 
 
 Wood, how measured, when required to be, . . . 114-11G 
 
 duties of wood measurer defined, . . . 114-116 
 
 Wooden Buildings, (see Fire Limits). 
 
 Wharves, Wharfage, Wharf Master, (see Landing). 
 
 charter gives power over wharves, public and private, 39, 45 
 wharf license not demanable from riparian owner, . 69 
 
 city liable for injuries caused by want of repair in its 
 
 wharf, 69 
 
 decision of Supreme Court as to wharfage at 
 
 “ Reserved Landing,” . . . .69, 70, 71, 72 
 
 extracts from city records respecting this landing, 93-96 
 
 steamboat landing defined, 264 
 
 raft, &c., landing defined, 264 
 
 office of Wharf Master created, bond, &c., . . 265 
 
 his duties, 265, 266 
 
 rates of wharfage and when due, .... 266 
 
 ordinances and acts as to private wharves and docks 
 
 repealed, 267 
 
 boats and vessels to land at certain places, . . 267 
 
 owners of private wharves not to collect wharfage, . 267 
 boats, &c., not to land at private wharves, . . 268 
 
 owner may land his boat at his own wharf, . . 268 
 
 Windows, protected (see Chap. 107), .... 299