G OT EMBRACING ALL ORDINANCES IN FORCE TO I€, IS 72. ^Revised by Branch. T, Masterson, Usq. aAl.VESTON ; PRINTED AT THE ‘‘DAILY CIVILIAN’’ BOOK AND JOB OFFICE. 1ST2. OATALOaUE From its Incorporation, Marcli, 1839, to Marcli, 1872, KiJiAiCK^ S&i*0h,^1839, to June 1840. MAYOR. JOHl^ M. ALLEX. ALDERMEN. (A.) G. II. YanwincklCj John S. Evans, Y. B. Yard, B. Watson, D. 8. Kelsey, L. Wescott, ^ K. Griffith, C. M. Gahagan, John Derrick. John K. Eeed, Secretary; Leander Wescott, Marshal ; ^ Peter J. Menard, Treasurer ; Lent M. Hitchcock, Harbor Master ; James M. McKuight, Eecorder. O’ 4 ^ Gail Borden, jr., 3 Joseph Taylor, 4 W. B. Mchols, ^ Josh. 0. Shaw, A 0. F. Bauinlin, i K. Taylor, K. Griffith, June 1840, (b.) to March 1841. J MAYOR. 1 JOHN H. WALTOK. {2 AI.DERMEN. ^Josh. C. Shaw, B. A. Shepard, iW. B. Nichols, Michael Seeligson, ^Lent M. Hitchcock, Peter J. Menard. ^S. W. Tichenor, John D. Groesbeck, 9 John S. Sydnor. 2 George Haswell, Secretary ; Leander Wescott, Mar- Jshal ; William Fields, Treasurer; J. Selden, Harbor Master. ^ (a.) The Board consisted always of nine xVlderraen, hut several re- j signed in 1839, and their places were filled. t'i (b.) In 1840 occ’ rred the war of the old and new charter x^arties. *cFrom June to AngT.sc, Allen and V7alton both claimed to be Mayor, with C^^distinct Aldermen. Walton and the new charter triumphed. 11 CATALOaUEc 1841. MAYOR. JOHISr M. ALLEN. ALDERMEN. Jacob L. Briggs, Stephen Kirklandy S. W. Tichenor, James Foulhouze, K. M. Hannay. John S. Jones, Secretary ; Leander Wescott, Marshal; J. M. Branham, Treasurer ; Lent M. Hitchcock, Harbor Mas^ ter. ^ Oscar Farish, A. J. Cody, W. B. Nichols, Lent M. Hitchcock, 1842. MAYOR. J. M. BEANHAM. ALDERMEN. Hamilton Stuart, A. Swingle, Andrew Baldinger, Lent M. Hitchcock, Alden A. M. Jackson, John M. Jones, Oscar Farish, William Garlic, A. C. Crawford. Alfred F. James, Secretary; Leander Wescott, Marshal ; T. T. Hopkins, Treasurer ; Lent M. Hitchcock, Harbor Mas- ter. 1843. MAYOR. JOHN M. ALLEN. ALDERMEN. Hamilton Stuart, M. Meugins, Francis Q. Brown, Oscar Farish, Lent M. Hitchcock, A. J. Maynard, Josh. 0. Shaw, E. L. Ufford. John S. Jones, Secretary ; Leander Wescott, Marshal ; Frank Hitchcock, Treasurer; Lent M. Hitchcock, Harbor Master ; F. H. Merriman, Eecorder. John M. Jones, Lent M. Hitchcock, 1844. MAYOR. JOHN M. ALLEN. ALDERMEN. Jacob L. Briggs, E. P. Jones, CATALOaUE. Ill Josh. C. Shaw, E. Sevier, A. J. Maynard, A. C. Crawford, John Armstrong. Daniel Marston, Secretary; J. H. F. Ohapinan, Mar- shal ; Frank Hitchcock, Treasurer; IST. Hurd, Harbor Master ; StacyyB. Lewis, Aaron Burns, J. Lambert, Port Wardens (first authorized). 1845. MAYOn. JOHK M. ALLEK Oscar Farish, John H. Bennett, Jacob L. Briggs, A. C. Crawford, ALDERMEN. James Cronican, John Armstrong, John M. Jones, Lent M. Hitchcock, Hamilton Stuart. Daniel Marston, Secretary; J. H. F. Chapman, Marshal ; Frank Hitchcock, Treasurer ; ]!^. Hurd, Harbor Master ; Aaron Burns, J. Selden, J. M. Seymour, Port Wardens. 1846. MAYOR. JOKE S. SYDNOE. ALDERMEN. Simon L. Jones, Hamilton Stuart, Wm. C. Byrne, Antone Officier, H. A. Cobb. Daniel Marston, Secretay; Ferdinand Flake, Marshal ; Lent M. Hitchcock, Treasurer, Luke A. Falvel, Harbor Master ; Stacy B. Lewis, Aaron Burns, F. E. Cobb, Port Wardens. Oscar Farish, A. C. Crawford, A. J. Maynard, John H. Bennett, 1847. MAYOR. JOHN S. SYDNOE. ALDERMEN. E. S. Wood, S. W. Tichenor, Stephen Kirkland, H. A. Cobb, A. J. Maynard. Daniel Marston, Secretary; W. N. Sparks, Marshal; Lent M, Hitchcock, Treasurer ; F. E. Cobb,lHarbor Master ; Stacy B. Lewis, Aaron Burns, J. Perry, Port Wardens. Oscar Farish, A. 0. Crawford, B. L. Ufford, Josh. C. Shaw, IV CATALOCTE. John L. Darraab, 1848. MAYOR. JOSEPH BATES. ALDERIMEN. Stephen Southwickj Morgan L. Parrjj James G. Hurd, George H. Delesdernier, James M. Brown, Lent M. Hitchcock, Wm. E. Smith, Michael Seeiigson. Daniel Marston, Secretar3' ; John Howe, Marshal ; Lent M. Hitchcock, Treasurer ; Aaron Burns, Harbor Master ; N. Hurd, Henry Austin, Charles Behling, Port Wardens, 1849. MAYOR. HAMILTOIST STUAET. ALDER]\IEN. Morgan L. Parry, Charles L. Beisner, George H. Delesdernier, Cephas B. Adams, John L. Darragh, Wm. E. Smith, Christopher Fox, E. L. Ufford, Ephraim McLean. E. A. Ehodes, Secretary; hi. S. Hill, Marshal ; John H. Bennett, Treasurer; Aaron Burns, Harbor Master ; Ii^athan- iel Hoyt, Henry Austin, Charles Behling, Port Wardens. 1850. MAYOR. HAMILTON STUAET. ALDERIMEN. Josh. C. Shaw, H. A. Cobb, Benj. Van Buren, George H. Delesdernier, E. O. Lynch. Wm. M. Serjeant, Secretary; Powell E. Edwards, Mar- shal ; John H. Bennett, Treasurer ; Thomas W. Marshal, Harbor Master ; Charles Behling, N. Hoyt, A. P. Lufkin, Port Wardens. E. P. Hunt, George Ball, Charles L. Beisner, Henry Journeay, E. P. Hunt, E. O. Lynch, 1851. MAYOR. HxiMILTON STUAET. ALDERMEN. Simon L. Jones, George H. Delesdernier, CATALOGUE. V Mark M. Potter, Henry Jonrneay, Charles L. Beisner, James P. Sherwood, Allen Levris. Win. M. Sergeant, Secretary; Powell E. Edwards, Mar- shal ; Lent M. Hitchcock, Treasurer ; Thomas W. Marshal, Harbor Master ; Hoyt, Aaron Barns, Charier Behling, Port Wardens. 1852. MAYOK. HAMILTON STUAET. ALUETv/TtlEN. . George H. Deiesdeniier, Edward Keough, Cephas B. Adams, Yv"ia. F. Crow, Charles Behling. yjm. M. Sergeaiit, Secretary; K S. Hill, Marshal; John H, Bennett, Treasurer ; N. Hoyt, Harbor Master ; A. P. Lufkui, H. A. Wilson, H. W. Patrick, Port Wardens ; Ed ward Drew, Sexton. E. O. Lynch, S. Graves, E. L. Uflbrd, F, W. Schmidt, ■John S. Jones, Jacob H. Thackera, Mach a el Jordan, Christopher Fox, 1853. MAYOE. M. SEELIGSON (resigned), WILLAED EICHAEDSON. ALT)EE1M.E]N » Stephen Kirkland, Jacob L. Briggs, David Webster, John P. Davie, • J. H. Le Pert Leroy H, Smith, Secretary; N. S. Hill, Marshal ; John H. Eennett, Treasurer; N. Hoyt, Harbor Master; H. W. Patrick, E.’L. IJfiVjrd, Dan Philips, Port Wardens; John N. Eeed, Searcher of Vessels ; Edward Drew, Sexton. liin.' • MAYOE. JAMES CKONICAN. ^ ALDEPAIEN. E. Walbridgo, Edward Hill, James Sorley, Charles L. Beisner, Gilbert Winnie, P. E. Edwards, John S, Jones, Isadore Dyer, Jacob L. Briggs, Leroy H. Smith, Secretary; John N. Eeed, Marshal ; JolinH. Bennett, Treasurer; Thomas W. Marshal, Harbor VI CATALOGUE. Master; Dan. Philips, Josh. C. Shaw, George Westrop, Port Wardens ; Peter Delbrei, Searcher of Vessels ; Edward Drew, Sexton. 1855. MAYOE. JAMES E. HAVILAND. ALDEEMEN. Hamilton Stuart, H. B. Martin, John M. Jones, K. H. Howard, James Cronican, Jacob L. Briggs, Allen Lewis, Joseph W. Eice. P. E. Edwards. Lero}^ H. Smith, Secretary; J. Eeed, Marshal ; John H. Bennett, Treasurer ; Thomas W. Marshal, Harbor Mas- ter ; Josh. C. Shaw, Charles Behiing, J. W. Wood, Port Wardens; Peter Delbrei, Searcher of Vessels; John de Young, Surveyor ; Edward Drew, Sexton ; A. Allen, Weigher. 1856. MAYOE. JOHN HENEY BEOWN. • ALDEEMEN. Leslie A. Thompson, E. L. Ufford, Julius Kauffman, N. Lidstone, John L. Darragh, William Shields, Charles L. Beisner, J. W. Benedict, res., > John P. Davie, N. B. Yard, vac. I Leroy H. Smith, Secretary ; John N. Eeed, Marshal ; David Wakelee, Treasurer ; Thomas W. Marshal, Harbor Master; A. P. Lufkin, Frank Hitchcock, Lewis Parker, Port Wardens ; Edward Drew, Sexton ; Peter Delbrei, Searcher of Vessels; John O. Trueheart, Surveyor; Wm. M. Hudson, Weigher. Note. — The office of Surve^^or has been filled by John O. Trueheart, John de Youii^^, S. P. Brown and others ; that of Weigher, by Wm. M. Hudson, A. Alien, Ira Day, N. Parker, H. King, Geo. B. Inuis, L. W. Dake, R. Jnlfs, at different periods. Some offices of Lave been irregu- lar. Until 1852, the surbordinate officers were elected by the Council. Resignations, not noted, have occurred, and the vacancies have been filled. Much confusion prevailed in 1840, in consequence of the new charter raising doubts ; so, also, in 1853, but the elected officers all held their seats. About June, however. Mayor Seeligson resigned, and was succeeded by Willard Richardson for the remainder of the term. The Secretary has heretofore been termed “City Clerkf^ under the new char- ter he was designated as ‘‘Secretary.” CATALOGUE. vii 1857. MAYOR. JOim HEIS^EY BROWN. H. Julfs, L. A. Thompson, J. S. Sydnor, James Mageen, M. Menard, W. Shields, ALDERMEN. T. M. League, C. L. Beisiier, D. D. Atchiuson, A. P. Lufkin, B. C. Franklin, N. Lidstone. Charles E. Thompson, Secretary ; John N . Reed, Mar- shal ; William C. Griffith, Assessor and Collector ; David Wakelee, Treasurer; Luke A. Falvel, Harbor Master ; John de Young, Surveyor; Frank Hitchcock, Joseph McLelland, and Lewis Parker, Port Wardens ; William M. Hudson, Weigher, Guagerand Measurer ; Peter Delbrel, Searcher of Vessels; Edward Drew, Sexton. 1858. MAYOR. THOMAS M. JOSEPH. ALDERMEN. James Mageeii, Peter J. Menard, W. Shields, D. D. Atchinson, C. L. Beisner, C. H. Leonard, A. P. Lufkin, P. C. Tucker, N. Lidstone, J. L. McKeen, H. Journeay, Julius Frederick. John N. Reed, Marshal; H. Julfs, Assessor and Col- lector ; D. Wakelee, Jr., Treasurer; John de Yoiiiig, Sur- veyor ; Luke A. Falvel, Harbor Master ; Frank Hitchcock, J. F. McClellan and Lewis Parker, Port Wardens ; B. Thereon, W^eigher and Guager; Peter Delbrel, Searcher of Vessels ; Edward Drew, Sexton ; Charles E. Thomi^son, Secretary. 1859. MAYOR. THOMAS M. JOSEPH. H. Journey, Peter J. Menard, D. D. Atchinson, C. H. Leonard, P. C. Tucker, J. L. McKeen, ALDERMEN. E. T. Austin, John Muller, A. S. Ruthven, G. W. Beisner, William Thompson,, J. H. Hutchins. CATALOGUE, ^iii John K E{ 36 ( 1 , Marshal; Allen Cameron, Assessor and Collector ; D, Wakelee, Jr., Treasurer ; James Mageen, Har- bor Master; Joliii de Young, Surveyor; Peter Delbrel, Searcher of Vessels ; Edward Drew, Sexton; Alex. Pitt, Inspector and Ganger; Frank Hitchcock, Lewis Parker and Samnel Crowley, Port Wardens; Charles E. Thomitson, Secretary. 1860. MAYOE. THOxMAS M. JOSEPH. ALDEBMEN. IF T. Austin, John iVInller, A, S. Euthven, G. W. Beisner, William Thompson, J. H. Hutchins, E. Tiernan, Tl^eodore Wagner, J. C. Kuhn, F. H. Merriman, C. H. Leonard, T. A, YvMson, H. B. Andrews, M'. Eimley, L. Behier, W. Evans. Joliii H. Yvesterkige, Marshal; Allen Cameron, Asses- sor and Collector ; Aaron Burns, Harbor Master ; D. Wake- lee, Ji\, Trea-siirer ; M. C. Lawton, Surveyor; B. Mageeii, Sen roller of Vessels ; F. Peters, Sexton; J. J. Jeimey, Weigher and G-iiager ; Frank Hitchcock, Lewis Parker, Luke A- Faivel, Port ‘Wardens ; J. W. Moore, Secretary. 1861. M-AYOB-. THOMAS M. JOSEPH. ALU E my£E 1ST • Theodore Kieinecke, F. H. Belirman. G. W. Bcis-ner, George C. Eains, E. L. Uffofu. I. Dj^er, L. Beliler, M. Kimley. John H. Wosterlage, Marshal; Allen Cameron, Asses- sor {iml Collector 5 David Walieles, Jr., Treustirer ; Aaron Barn.s. TTarliov Ma.ster; Charles Behling, 'VViliiani H. Prowse and i'ra-iik Hitchcock, Port Wardens; Tipton Walker, Sur- veyor ; L. Antoiae, Searclier of Vessels; M. Cahill, Sexton ; V.'lvcenig, Weigher aiulGuager; J, vV'. Moore, Secretary. B Tiernan, Theodore W agner, J. C. Kiihri, C, H. Leonard, M f’dard Menard , Lis not been returned by the owner or other representative ; and it shall be his duty to list and enter the same on a Supplemental Assessment Boll, in the name of the owner, if known, and if not known, then as ‘^owner unknown,’’ and he shall present said list to the Board of Appraisement for valuation. And when the valu- ation is made, he shall assess the amount of Taxes due thereon, as in other cases. If any Taxable property shall, or may have been omitted in the assessment of any year, from and after the passage of this Ordinance, the same when discovered, shall be presented by the Assessor to the Board of Appraisment for valuation. And when valued, the Assessor shall enter the same on the Supplementa Assessment Boll, and shall assess the arrearages of Taxes which might have been assessed thereon, with twelve per cent, interest from the time said Tax became due and pay- able. Said supplemental roll shall be completed within two months after the expiration of the two months allowed for voluntary rendition of property by this section of this Or- dinance. Art. 23. [IV.] The Assessment Bolls being completed, it See Art. XII shall be the duty of the Assessor to make out two full and Title III, of complete copies thereof, before the hrst day of September the Charter. Qf each year ; one copy of which he shall deliver to the City Clerk, and one copy he shall deliver to the City Collector, and if the Assessor shall fail or refuse to complete his assess- ments, as provided in Section 3, or shall fail to deposit a See Art. XV each, with the City Clerk and the City Collector, as re- TicieX,ofthe quired, he shall forfeit and pay a fine not exceeding one Charter. hundred dollars, to be deducted from his commissions. And 7 if lie shall make out, or return an unfair or false Assessment Eoll, he shall forfeit all claim to commissions or other com- pensation, and shall he subject to be removed from office. Art. 24. [VI. J Any person or persons refusing or failing See Art III to render the Assessor a full and complete list of all Charto ble property, either owned by them, or controlled by them in any representative character whatsoever, shall be liable to a fine of not less than five, nor more than one hundred dollars and costs ; and it is hereby made the duty of the Assessor to promptly enter complaint against any and all such persons, before the Mayor, Eecorder, or other officer of competent jurisdiction, and to attend as a witness to prove such failure or refusal. Art. 25. [YIII.] Immediately upon leceipt of the As- sessment roll, the Collector shall proceed to give noticeaud demand payment of the Taxes due, in conformity with ArtiWe YIII of Title YI of the Ch arter, and shall publish for ten days, in a newspaper published in said city, notice to all persons owing Taxes to pay their Taxes at the Col- lector's office within ten days after said notice ; and all Taxes referred to in this Ordinance shall be due and paya- ble within ten days after service of the notice and demand required by Article YIII of Title YI of the Charter, and where special notice and demand is not required by said article, within ten days after said published notice. Art. 26. [IX.] Where the Taxes are not paid within the time specified, the Collector shall levy upon and take into his possession so much of the personal property be- longing to the person owing said Tax, liable to taxation, as will be sufficient to pay his, her or their Taxes and costs, and shall give ten days notice of the time and place of sale, by publication in a newspaper published in said city, and in the manner provided in Article IX of Title YI of the City Charter, and shall make sale of said property, or so much thereof as may be neccessary to pay said Taxes and costs, as required by said article. Said sales shall be made on or before the first day of January of each year. The property owner may prevent said sale by payment of the Taxes and all costs resulting from the levy and advertisement prior to the day of sale. Art. 27. [X.J If payment be not made by the person or persons purchasing property at said sale within twenty- four hours after said sale, the bidder shall be considered as having forfeited his bid, and the Collector shall re-sell said property, after having given the same notice as in the first sale ; and when any person shall forfeit his bid, the Col- 8 lector shall enter complaint against him before the Eecorder, and such person, on conviction, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Art. 28. [XI.] When the purchaser at said sale shall have paid the amount bid by him, the Collector shall de- liver the property so sold to him, and shall execute and de- liver to said purchaser a certificate of purchase, and shall appropriate the proceeds of said proi)erty to payment of the Taxes for which the same was sold, and all costs in- curred in making said sale ; and if there be a residue after payment of said Taxes and costs, the same shall be paid over to the person whose property was sold. Art. 29. [XII.] The Collector shall, before the first day of February of each year, prepare and deliver to the City Clerk a roll of the unpaid Taxes due the city, and when no personal property could be found by him subject to levy and sale, the fact shall be so reported; and the City Council shall, at the next meeting thereafter, direct the institution of suits for collection of said Taxes, by sale of the real estate on which the Taxes are due, as provided in Article XIV of Title VI of the City Charter. Art. 30. [XV.] The following real and personal estate shall be exempt from taxation : Eeal and personal property of the United States. State and County lands, and buildings set apart for State and County purposes. All Eeal estate exempt by the laws of the State. Public burial grounds and lots. Buildings erected for the use of religious, benevolent, charitable or scientific institutions, and the land whereon situated, not exeeding the lots or blocks of ground occu- pied for such purpose. Art. 31. [XVI.] In addition to the reports required by Section one. Article XII, of Title 3rd of the Charter, the Collector shall, at the close of each municipal year, make a final report of all monies collected by him, during the municipal year specifying therein, the amount collected from each class of taxable property. 9 CHAPTEE IV. B AR-RO OMS. Article 32. [I.] It shall not be lawful for any owner, a proprietor or agent of any establishment within the city of ’ Galveston, by whatsoever name the same may be called or known, wherein vinous, spirituous, malt, or other intoxi- ^ ^ eating liquors are kept for sale by quantities less than one jy. ^ quart, to keep such establishment open to a later hour than twelve o’clock at night, nor to open the same at an earlier hour than four o’clock in the morning ; nor shall it be law- ful to sell or otherwise dispose of any vinous, spirituous, malt, or other intoxicating liquors, in any such establish- ment, to any person or persons, under any pretext whatever, between the hours above specified, during which said estab- lishment shall be kept closed. And any person or persons found violating any or either of the provisions of this Ordi- nance shall be fined in a sum of not less than ten dollars, nor more than one hundred dollars, for each contravention thereof, and shall also be liable to a further penalty of not exceeding fifteen days’ imprisonment, — said fine to be re- covered before the Mayor or Eecorder of said city. GHAPTEE V. BATHINa LIMITS. Article 33. \L] It shall not be lawful for any person Approved to divest himself or herself of his or her clothing, or expose 1®^'^- his or her naked person on any of the wharves or docks, at See^Sec. 40, any time between the hours ot sunrise in the morning and Qp sunset in the evening, for the purpose, or on the pretence ^ of bathing ; and any person offending against the provisions of this section shall be subject to a fine of not exceeding twenty dollars for each and every offense. Art. 34. [L] It shall not be lawful for any person, male Approved or female, to bathe in the waters of the Gulf in the edge of the beach, in a nude state, between Eighteenth street on the Amendment east, and Twenty-eighth street on the west, during daylight, jime 1869 or between 4 o’clock A. m. and 10 o’clock p. M. and Art. 35. [IL] Any person violating the provisions of this ordinance shall, on conviction thereof before the Ee- corder, be fined in the sum not exceeding ten dollars, and pay the cost of his arrest. 10 CHAPTEE VI. BONDS AND DEBTS OF THE CITY. ^^Passed May ARTICLE 36. [I.J The Mayor of the City of Gal vesto 11 be, 24, 1869. hereby authorized to have engraved Coupon Bonds See Art. XI of the City of Galveston, with semi annual coupons attached, due On the 1st of July and the 1st of January of each e aai ei. from date, at the rate of ten per cent. x>cr annum. Art. 37. [II.] The said Bonds shall be drawn to mature, in five, six, seven, eight, nine and ten years from date ; not over $30,000 in one year, and shall be payable to the bearer, at the office of the Treasurer of the City of Galveston, and in sums of one hundred dollars, or any multiple thereof, not to exceed one thousand dollars each. Art. 38. [III.] The amount of Bonds authorized by this Ordinance is one hundred and seventy-five thousand dollars. Art. 39. [IV.] The Mayor shall advertise said Bonds to be sold in open market, at such public place on the Strand, as he may designate in his advertisement in the papers of the City of Galveston, and in some paper having a large circulation in the City of Kew Orleans, New York and Bos- ton, for the period of thirty days ; Bonds to bear interest from date of sale, and deliverable thirty days thereafter. Art. 40. [V.] Any holder of the script issued by the City of Galveston, (recognized as genuine by the City Clerk,) or any General Fund Bond of the City of Galveston, now outstanding, (except bonds issued in aid of the rebellion,) or of any genuine note, or promise to pay of said city, or certifi- cate of indebtedness heretofore issued, or any aiiproved claim against said city for the expenses of April, May, and June 1869, may jiurchase said Bonds with his eyidence of i^A at par, and may at any time during the current year, by filing with the Mayor evidence of debt x>ast due, receive from the Mayor Bonds to the amount deposited, dollar for dollar, principal and interest, in sums of one hundred dol- lars, or any multiple thereof. And the Mayor is hereby authorized to issue Bonds to applicants in accordance with the x>rovisions of this Section. And when the original con- tract bore interest, at a greater rate than eight per cent., the rate of interest specified in the contract shall be allowed on the coupons thereof, past due. Art. 41. [VI.] In order to xirovide for the x^nnctual Xiayment of the semi-annual interest of the Bonds x^rovided for in this Ordinance, and to secure comxiliance with this contract, that there shall be annually ax)propriated, and there is hereby appropriated, sixteen per cent, of the collection of Taxes from all sources of revenue pertaining to the 11 General Fund, which per centage, shall, by the Treasurer of the City of Galveston, be deducted from all payments made to him by any of the collecting officers of the city, and by him placed to the credit of the Interest Fund. And it is hereby declared that the said fund shall be, and is, a special deposit, not subject to draft nor to appropriation to any other purpose than the payment of the semi-annual interest on the Bonds, herein provided for, and shall be disburseable only ill paymont of the matured coupons of these Bonds when ])resented, or if a surplus should accumulate, to the redemp- tion or purchase of these Bonds ; Provided, that no appro- X^riation to redeem Bonds, shall be made, unless at least one yeaPs interest is provided in advance. Art. 42. [VII.J The Treasurer of the City of Galves- ton shall keep a separate account of all monies received, and all coupons paid, and shall cancel all coux>ons paid in the jiresence of the Mayor of the city, and shall file in the office of the City Clerk a list of such cou^ions, with dates, amounts, and numbers clearly shown, twice in each year. Art. 43. [VIII.J The faith of the City of Galveston, and her resources, and income on general accounts, is here- by pledged to holders of Bonds authorized by this Ordi- nance, for the punctual x>ayR^ont of the interest and x^rinci- X)al when due, in par funds ; — lawful money of the IJnited States. Art. 44. [IX.] When any matured coupons of the Bonds is x^resented at the TreasurePs Office, he shall pay the same withot delay . from any General Funds in his hands, not apx^rox3riated, should the Interest Fund be exhausted. Art. 45. [X.J The Bonds when issued under the Ordi- nance providing for the consolidation of the cit^^ debt, be signed by the Mayor and counter-signed by the City Treas- urer, and attested by the Seal of the City of Galveston. Art. 46. [I.] Be it ordained by the Mayor and Alder- Approved men of the City of Galveston, in Council convened, That May 12, 1868. the Mayor cause to be executed certificates of indebetness of the city in denominations of not less than one hundred dol- lars, and bearing interest at the rate of ten per cent, x^er annum, from date of issue. Said certificates to have the MayoPs signature, and to be counter-signed by the Secretary ami Treasurer, under the direction and sux3erAdsion of the Finance Committee, and to be due and payable in two or three years, as may be provided. Art. 47. [II.] Said certificates may be given for all out- standing orders on the City Treasurer, at the oxition of the holder, when the same shall be presented, in sums of one hundred dollars or more, in two or three years ; and said orders when thus retired, shall be cancelled and destroyed. 12 Approved Dec. i9, 1871 Said certificates sliall be given in denominations of not less; than one hnndred dollars, as hereinbefore provided, to suit the holders of the outstanding Treasury Drafts, as far as practicable. Art. 48. [I.J That the Mayor be, and is hereby author- ized to have printed, or engraved, bonds of the City of Gal- veston, with coupons attached, which shall be styled ^^Special Debt Bonds of the City of Galveston.” Art. 49. [II. | That the total amount of bonds issued by and under the authority of this Ordinance shall not ex- ceed the sum of one hundred thousand dollars, and the bonds so issued shall bear date January 1st, 1872, shall be due and payable as follows, viz ; $33,000 eight years after date, $33,000 nine years after date, and $34,000 ten years after date; and the same shall have interest bearing coupons attached, and the said bonds shall draw interest at the rate of ten per cent, per annum, which interest shall be due and X)ayable by the City Treasurer, at his office, on the first days of July and January, of each year, and the lorincipal shall likewise be payable at the office of the City Treasurer on maturity. Art. 50. [III.] That the foregoing authorized bonds shall be payable to or bearer, and the same shall be signed by the Mayor, counter-signed by the City Treasurer, and recorded in the office of the City Clerk, in a book to be kept for that purpose, and there shall be affixed to said bonds the corporate seal of the City of Galveston. ART. 51. [IV.j Be it further ordained. That said bonds may be issued in sums of $100 each, or any multiple there- of, not exceeding $5000 in any one bond. Art. 52. [V.] That in order to provide for the annual- ly accruing interest on the bonds hereinbefore provided for, and also to create a sinking fund to redeem and pay said bonds at or before maturity, there is hereby appropriated four per cent, annually of all revenues pertaining to the General Fund of the City of Galveston, and the Treasurer is hereby ordered to credit the same to an account to be styled the ^^Special Debt Bonds of the City of Galveston,” and he shall so credit the percentage herein before matured on all payments, as made to him by the collecting officers of the city for the next eight municipal years succeeding the first day of January A. D. 187F; Provided, that when the four per cent, so accredited has amounted to the sum of $13,500, no further percentage shall be accredited to the special fund for the then municipal year ; and further Pro- vided, that for the municipal years of 1880 and 1881, there is hereby appropriated fifteen per cent, of the annual reve- nues of the City pertaining to the General Fund, to be cred- 13 ited by the Treasurer to the special fund herein created and as herein before provided, until the percentage so set apart, together with any other sums that may remain in his hands belonging to the same fund, has amounted to the sum of $40,000, when the Treasurer shall cease to transfer any further amount to this special fund for the then municii3al year. Art. 53. [VI.] That when there remain in the hands of the Treasurer, of the fund created by the foregoing section, an amount not less than $2500, and in excess of the next semi-annual payment of interest, it shall then be the duty of the Mayor to advertise proposals to redeem the bonds au- thorized by this Ordinance to the extent of the same so available; and should the bonds not be otlered on terms sat- isfactory for redemption, it shall then be the duty of the Mayor, when the amount has accumulated to the sum of not less than $5000 over and above sufficient to pay the next accruing semi-annual interest, to invest the same in United States bonds, which bonds shall be deposited with the Treasurer, and the same shall not be used or applied, ex- cept to pay the interest and principal of the debt created by this Ordinance. Art. 54. [YU. | That any application of the fund cre- ated by the 5th Section of this Ordinance, other than that provided for in the 6th Section hereof, by the Mayor and Board of Aldermen, or the Treasurer, shall make them indi- vidually liable to all the penalties contained in Section 4, Article 3, Title 4, of the City Charter. Art. 55. (YIII.] That the Mayor and Board of Aider- men shall, by resolntion, provide for the negotiation, sale, or placing of said bonds herein authorized. CHAPTER VII. BRIDGE AND BRIDGE BONDS. Artk^le 56. [I.] The Mayor be authorized, and he is Approved hereby required, to enter into contract and agreement, in Aug. 26 , 1857. the name and on the part and behalf of the Mayor, Aider- men, and inhabitants of the City of Galveston, with the Galveston, Houston and Henderson Railroad Company, con- cerning the construction of a Bridge from the present ter- minus of the Railway of said Company, at Virginia Point, on the main land, to some convenient and proper point on the Island of Galveston, to be designated and located under the direction of said Company, in which said contract and agreement, the Mayor is authorized and empowered to en- 14 gage, andertake aud stipulate, that the corporation of the city will construct and baild said Bridge, or cause the same to be done, according to, and in conformity with such plan as- the Engineer of the said Company, or otlier officer or agent designated or appointed by it, shall advise, devise, present,, or approve of ; and that the work of construction of said Bridge shall progress, be carried on and performed under the supervision and inspection of said Engineer, or other officer or agent of said Company, designated by it for the performance of said duty ; Provided, however, that the cost of construction of the work aforesaid, paid by the City of Galveston, shall not exceed the aforesaid sum of one hun- dred thousand dollars. And that it shall be required of the said Galveston, Houston and Henderson Kailroad Comx)any, by proper covenant, stipulations, and agreement, to be in- serted in the said contract, that in consideration of the cove- nant, stipulations and underta kings of the corporation of the city, and the use, occupation, and possession of the said Brklge, when constructed and built, that the said Itailroad Company shall, and will i)ut the iron rails, and other neces- sary fixtures, &c., upon the said Bridge, so as to fit it lor use, at its own proper cost and charge ; that the said Eail- road Company shall pay, satisfy, discharge and keep down the interest on the Bonds of the city, issued for the construc- tion of the work, as the same shall fall or accrue due ; or shall by other means save, keep harmless, and indemnify the corporation of the city, of or from any claim or demand therefor ; that the said Eailroad Company, shall, at all times, keep and preserve the structure of said Bridge in good and perfect rei)air, and finally will acquire the right and property in the said Bridge, by paying and discharging, or otherwise returning or cancelling the Bonds issued by the corporation of the city for the construction thereof, at or before the maturity of the same ; and shall also build with all reasonable dispatch, the line of the road from the end or termination of the Bridge on the Island to the City of Galveston. And the said contract, or agreement, shall also contain covenant by tfie corporation of the city and the said Eailroad Company: That the said Eailroad Company, shall have the free, undisturbed use, occupation and posses- sion of the said Bridge, so long as it shall well and truly keep and perform the engagements, covenants, and stipulations specified and contained in said contract, to be kept and per- formed by it ; but that on failure thereof, the corporation of the City of Galveston, by its oflicers or agents, shall have the right, and may re-enter upon the said Bridge and dispos- sess the said Eailroad Company thereof, anything in the said contract to the contrary notwithstanding. 15 Abt. 57. [IL] It is hereby made the duty of the Mayor, upon consultation with the Engineer, or other pl^oper officer, or agent of the said Railroad Company, by a notice or adver- tisement, to be published in such new spapers as he may deem necessary or proper, to invite proposals for the constiuction of said Bridge, according to the plans presented and ap- proved. And he shall in said publication, give notice that the City Council reserves, and will exercise the right of awarding the contract for the construction of said Bridge to the proposal or bid which may be considered the most eligi- ble, although it may not be the lowest in price, or to reject all, if the same shall be deemed unsatisfactory. And he shall require persons proposing and bidding for the said wmrk, to state within what time they will complete the same ; how^, and wiien the therefor will be required ; and what amount, or portion of the price, if any, may be paid and discharged in the Bonds of the city, authorized in this Ordinance to be issued. Art. 58. [III.] When the time limited and appointed by the Mayor in his notice for the reception of proposals shall have exx^ired, the x^roposals and bids for the construc- tion of said work, which may have been received by him, shall be reported and presented by him to the Council, who will thereux)on examine the same, and aAvard the contract to the most eligible bid, or rejecting the whole ; if none be deemed satisfactory, shall order and direct advertisements for prox^osals anew. Art. 59. \TV.] If it should so happen that no prox^osal or bid should be made for the construction of said work within the said sum of one hundred thousand dollars, or the most eligible x3rox)osal or bid should exceed that sum, or such changes, additions and imx)rovements should be made to the plan, as at x^resent agreed ux>on and settled, as wnuld increase the cost of construction beyond the sum, and the said Gralveston, Houston and Henderson Railroad Company should desire the said prox>osals to be accepted or said changes or additions made, the same may be done ux^on the said Galveston, Houston and Henderson Railroad Company entefing into an agreement or contract with the contractor or contractors to pay such excess of x^rice over and above the said sum of one hundred thousand dollars, and upon the agreement of said contractor or contractors to accex^t and receive the undertaking and liability of said Railroad Company therefor, and not to make any claim or demand upon the City of Galveston for or on account of such excess. Art. 60. [Y.j It shall be the duty of the Mayor when- ever, after a contract shall be entered into for the construe- 16 tion of the aforesaid work, it shall be in his opinion or that of the City Council, requisite and necessary so to do, to issue the bonds of the Corporation of the City to the extent of one hundred thousand dollars, or so much thereof as may be necessary for the construction of said Bridge, and cause the same to be negotiated in such manner and by such means as he may deem most conducive to the interest of the City. The said bonds to be in sums or not less than one hundred, or more than one thousand dollars, to be pay- able in not less than twelve nor more than twenty years from the date thereof, and to bear interest at and after the rate of not more than ten per cent, per annum, which interest shall be payable semi-annually, on presentation and surren der of the coupons to be thereto attached. Passed May Art. 61. (I.) There shall be levied and collected for •21, I860. ‘ the municipal year of 1860, and annually thereafter, a tax of one-fourth of one per centum on the assessed values of all real and personal property in the City of Galveston, to be applied and appropriated to the liquidation of the principal and interest of the City Bonds issued for the construction of the Bailroad Bridge across the Bay of Galveston, on the line of the Galveston, Houston and Henderson Eailroad; said Tax to be assessed and collected in the same manner as the othf^r taxes of the City. Passed May Art. 62. (I.) The mone}' collected under the special 31, 1869. Act of the Legislature of the State of Texas, approved January 20th, 1860, entitled An Act to empower the May or. Aldermen, and Inhabitants of the City of Galveston to See Art. XI, issue Bonds for the construction of a Bridge from the Island Galveston to the main land, in aid of the Galveston ^ ^ ’ Houston and Henderson Eailroad, and to validate the Bonds by them issued, or to be issued for such purpose, and to impose a Special Tax to pay interest on said Bonds, and to provide a fund to meet said Bonds when due, &c., are a special deposit in the hands of the authorities of the City of Galveston for the purpose for which they are collected, and can be disbursed lawfully only for the payment of in- terest and for the redemption of the Bonds negotiated under and by authority of said Act. Whqn any matured cou- pons of the Bonds, known as the Bridge Bonds, shall be presented at the office of the Treasurer of the City of Gal- veston, he shall pay the same, if there be any money of Bridge Funds, proceeds of the said Special Tax ; Provided, nothing in this Ordinance be so construed as to authorize the payment of any Bond, until one years interest has been provided for in advance. The moneys collected under this Act, and known as the Bridge Fund, are not subject to draft, and the Treasurer of the City of Galveston as hereby 17 forbidden to pay an^^ draft out of said Fund, unless it be accompanied by a Bond for the amount of the draft surren- dered to be cancelled. CHAPTER VIII. CEMETERIES. Article 63. [I.] The place purchased by the City as Approved a site for a Cemetery, viz : Lots Nos. 71 and 80, Section one, Galveston Island, and such other grounds as may be hereafter added to said Lots, shall be the place of burial for ^ ® the dead, for tiie City of Galveston, and shall be known and designated as the City Cemetery. and Art. 64. [II.] The said two Lots shall be suitably laid Sec. il and off into streets, paths and lots. The size of a full lot shall fy be twenty by twenty feet, which full lots may be sold in charter^ quarters, and the price of a full lot shall be twenty-five (25) dollars, and of a quarter lot one-fourth of that amount. Art. 65. |III.] The City Engineer shall survey said grounds, and shall make a map thereof, of a size not ex- ceeding twenty feet to the inch, on durable paper, and neatly and artistically drawn, designating in some appropriate part, some portion as burying ground for paupers, buried by the County or City, and another for strangers ; and number- ing the lots from the South Central entrance to the North consecutively, as ranges East and West from the central street, 1, 2, 3, &c.; and the quarter blocks shall be designa- ed N. E., N. W.. S. E., and S. W., quarter; which map, when completed, shall be framed and suspended in the office of the City Clerk, and a copy thereof filed in the office of the Recorder of Deeds. Art. 66. [lY.] The said map being executed and adopt- ed, the lots shall be open to purchase, and the person select- ing a lot or quarter lot, or one or more lots, for a congrega- tion, shall point the same out to the City Clerk, who shall note the same on the map, with the date and name, and give the applicant a certificate of selection. The applicant shall present said certificate to the City Treasurer, who shall re- ceive the price of the lot or lots, and endorse his receipt on said certificate, which shall be returned to the Clerk and filed in his office. Art. 67. |V.] The Mayor shall cause to be printed and bound substantially, blank deeds for lots in the Cemetery, describing the lots as Lot No. — , in Range No. — , (East or West, as the case may be,) and on the return of the certifi- cate of selection with the receipt of the Treasurer endorsed, 18 the Clerk shall fill np one of the blank deeds with the name of the purchaser, number of range and lot, or quarter lot, and date, and the Mayor and purchaser shall sign said deed, and their signatures shall be attested by the Clerk, who thereupon shall deliver to the purchaser a certificate of i)ur- chase, describing the lot as in the deed, and the certificate of i)urchase Sfball bear the number of the page of the deed book. The said book shall be indexed alphabetically, with the names of all purchasers of lots, and the page of the deed, and shall remain as record of the City in the custody of the City Clerk; and for each certificate of purchase completed the City Clerk shall receive one dollar, to be paid by the purchaser. Art. 68. [VI.] The proceeds of lots sold shall as received by the Treasurer, be credited to the Cemetery Fund, and shall be subject to draft only for Cemetery purposes, and to reimburse the city for the amount paid for the grounds. Art. 69. [YII.] For the care, improvement, and beauti- fying of the gTounds, and as superintendent of the work, there shall be a Superintendent of the Cemetery, who shall reside at the Cemetery, and^hall have the supervision of all laborers employed thereon. The said Superintendent shall be appointed by the Majmr, by and with the consent of the City Council, and shall hold his office for one year, remova- ble at the pleasure of the Mayor, and shall receive as salary one hundred dollars per month, payable when in funds from the Cemetery Fund, and when otherwise, from the General Fund. Art. 70. [VIII.] The City Sexton shall prepare the graves as called for, and shall receive for his services such fees as are now or may be hereafter allowed by law. Art. 71. [IX.] The Superintendent of the Cemetery shall, from time to time, submit to the Council suggestions as to imi^rovements to be made, with estimates of the cost, and if the same be approved by the Council, they shall ap- propriate from the Cemetery Fund the amount necessary for the work as it progresses from month to month, or for the purchase of material and pay of laborers ; and the said Su- perintendent shall keep a Time Table, and prepare the Pay Eoll, to which he shall make oath. Art. 72. [X.] It shall be the duty of the Committee on Cemeteries, at least once a month, to examine the progress of the work projected and in course of completion, and re- port to the Council, and on recommendation of the Commit- tee and an address of a majority, the Mayor shall remove the Superintendent for cause, viz : for incompetency, for inat- tention, or neglect of duty. 19 Akt. 73. [XL] The City Sexton shall keep a Eegister in his office, in a substantially bound book, in index form, allowing eight to ten pages to each letter, which Eegister shall be ruled into columns, showing Date of Burial,’^ Xaine of Deceased,’^ ‘‘ Xafivity,’^ “ Age,” Cause of Death,” Place of Burial,” viz : Xo. of Eange, Xo. of Lot, and Xo. of Grave in Lot ; Provided, that when the burial is made in a private lot, the Xo. of grave shall be omitted. Art. 74. [XII.] The Sexton shall enter in said Eegister all burials made in the Cemetery, whether in private Lots, Potter’s Field, or Stranger’s Ground; and for the i)urpose of making said entry he shall require from the friends of the deceased a certificate from the attending physician, or from some two citizens, as to the facts necessary to be interred, or ^iihall have an inquest held on the body. Art. 75. [XIIL] The said Eegister shall be kept in the office of the City Sexton, and shall be open to inspection by any one interested, and failure to make such entries shall be sufficient cause for removal from office. Art. 76. [I.] The City Sexton shall, before he enters Approved upon the duties of his office, take and subscribe an oath be* h, 1857. fore the Mayor, or some Justice of the Peace, resident in said Cfity, well and truly to perform the duties of his said office. Art. 77. [II.] Any person desiring to have a dead body interred in the City Cemeteries, shall apply to the City Sex- ton for that purpose, and it is hereby made the duty of the said Sexton faithfully to inter the dead bodies of all jiersons entrusted to him for that purpose : Provided, that the per- son having charge of said dead body, or desiring such inter- ment to be made, shall furnish the Sexton with a certificate from the attending physician of the deceased, or from some member of the family or friend of the deceased ; or in cases where an inquest shall have been held upon said dead body, from the Coroner, or other officer acting in such capacity, setting forth and stating the name, sex, age, place of birth, residence of the deceased, time and place of deatli, and the disease or casualty which produced such death, or as many of the said particulars as may be known or can be obtained. Art. 78. [III.] It shall be the duty of the Sexton to re- quire such certificate to be delivered to him before he inters any dead body, and if he shall bury any person without such certificate, he shall be subject to a fine of not exceeding ten dollars. Art. 79. [IV.] It shall be the duty of every house- holder, or other person having charge of the body of any deceased person, and of the attending physician, to furnish the certificate required by Section 77, and upon refusal or 20 neglect to comply with such requisition^ he shall be fined in a sum of not exceeding ten dollars. Art. 80. [Y.] It shall be the duty of the Sexton to keep a Eecord Book, which shall contain a correct account of all Burial Lots, or Graves sold in the Cemetery under his charge, and also an abstract of all the certificates furnished and delivered to him with any dead body, and he shall make a weekly report to the City Clerk of all interments in the Cemeteries under his charge, with the name, color, nativity, residence, and age of the person interred, whenever they can be ascertained, and the disease or casualty which caused the death, and shall report oftener, whenever he shall be required by the Council or by the Mayor ; and for failure or neglect to observe the requirement of this Section, he shall be liable to a penalty of two dollars for each and every omis- sion. Art. 81. [YL| It shall be the duty of the City Clerk transcribe the said reports of the Sexton into a Eecord Book, to be kept for that purpose in his office, and to publish the same monthly, or as often as he may be required by order of the Council or of the Mayor ; and for any neglect of duty in this particular, the said Clerk shall be subject to a fine of not more than ten dollars for each and every omission. Art. 82. [YIl.] It shall not be lawfml for any person to disinter, or remove any dead body deposited therein, from any grave or vault, except it be upon the application or with the consent of the friends or family of the deceased ; and then only under the written permission of the Mayor, and superintendence of the City Sexton. And if any person shall offend against the provisions of this section, or shall receive any such body, knowing it to have been so disinterr- ed and removed, he shall be fined in a sum not exceeding' one hundred dollars, and if the fine be not paid, shall be im- prisoned not exceeding fifteen days. Art. 83. [YIII.] If the said City Sexton, shall, without the consent of the friends or family of the dead person, and without proper authority, as specified in the preceding sec- tion, suffer, permit, or allow the disinterment of any dead body, or participate directly or indirectly therein, or in un- lawfully and improperly withholding, and keeping from in- terment any dead body, or suffering or allowing it to be done, he shall be fined in a sum of not exceeding one hun- dred dollars, and shall be removed from office. Art. 84. [IX.] The said Sexton shall prepare, or cause to be prepared, graves for the reception of dead bodies, as promptly as shall be required, and shall take care that none be of a less depth than three feet. And it shall be his duty 21 to keep the Cemeteries free from weeds and in good condi- tion. Art. 85. [XI.] If any person shall cut, break or other- wise injure, mutilate or deface, any tombstone, head or foot board, vault, monument or enclosure, tree, shrub or orna- ment, in the City Cemeteries, or in any grave yard, w^hether belonging to the city or not, he shall be liable to be fined in a sum not exceeding twenty-five dollars. CHAPTER IX. (UTY ATTORNEY. Article 86. [I.] It shall be the duty of the Mayor, by Ap})i()V(f(i and with the advice and consent of the Board of Aldermen, Jau. 8, 1857. annually to contract with, and engage the services of some competent Lawyer, resident within the city limits, to per- form the duties of City Attorney and Counsel, for and dur- ing the municipal year, and until the election and organiza- tion of the succeeding Board of Aldermen, and until he shall be superseded by some other person under a new con- tract. Art. 87. [II. J It shall be the duty of the person so en- gaged and employed as Attorney and Counsel for the city, to advise the City Council and officers of the city, upon such legal matters and questions affecting the interests of the corporation, as may from time to time be referred to him; to institute, prosecute, defend, and generally to attend to all suits in which the city shall be a party, or may be other- wise interested, in the several courts of the State of Texas; to attend the trial of any case before the Mayor in his court, whenever called upon by that officer, and before the Board of Aldermen upon the trial of any officer of the city, and to conduct and manage the prosecution thereof; and gener- ally to perform such other professional duties as may from time to time be required by the City Council. Art. 88. | III. | That the compensation to be paid to the said Attorney and Counsel, shall be such as shall be agneed upon and specified in the contract entered into and agreed upon with him, as provided to be made in the first section. CHAPTEE X. COUNTY ATTORNEY. Apjjroved WHEREAS, the Coiiiity Attorney of Galveston County, Jan. 2 , 1^71. been in the habit of attending the sessions of the Ee- cordePs Court, and claiming by virtue of his ofhcial i)osi“ tion as such County Attorney, the right to take charge of causes pending before the EecordePs Court, and to have a fee of ten dollars taxed against the delinquent as his fees for services thus rendered; and, whereas, the Eecorder of this city has been in the habit of entering said fees of such At- torney's fee, taxed against delinquents, and collecting for the use and benelit of said County Attorney; and, whereas, the aforesaid practice is wholly unwarranted in law, and adverse to good morals. Art. 89. [I] Therefore, be it ordained by the Mayor and Aldermen, in council convened. That the Eecorder of this city shall not order or allow any fee for the use and benelit of the said County Attorney to be taxed in any bill of costs ordered by said EecordePs Court, nor shall the Clerk or Chief of Police of the city tax, or allow to be taxed or collect, any fee for said County Attorney as above. ' Art. 90. [II.J That if the City Clerk or Chief of Police shall violate the provisions of this Ordinance, they and each • of them so oftending shall, for every such violation be liable to pay a fine not less than twenty-five dollars, nor more than fifty dollars. " Art. 91. [III.] That if the City Eecorder shall violate the provisions of this Ordinance, he shall for each and every such violation, forfeit and pay to the City of Galveston the sum of fifty dollars ; and in all comi3laints against the City Eecorder for violating this Ordinance, the cause shall be tried before the Mayor of this City, presiding as Judge of the City Court. Art. 92. [IV.] That if the said Eecorder shall give to the said County Attorney any instrument of writing pur- porting to show that said County Attorney is entitled to aii 3 ' fee as such for services rendered before the City Court, he shall be deemed and held to have violated the provisions of this Ordinance. CHAPTEE XL DIVISION FENCES. Approved ARTICLE 93. [L] It shall be the duty of the owner or ^See Sec^ 7 of all occupied lots, to erect and keep in repair, prop- Art. II, Title cr fences to divide their property from that next and adjoin- Yii, of the ing ; one-half of each division fence to be jiaid for by each Charter. ^ 23 owner or owners thereof, said fence to he not less than five feet in height, suhstaiitially built, of good material, the posts not more than nine feet apart, and the palings not more than one and one-half inches from each other. Art. 94. [II.I Any person owning an occupied lot who shall have erected his half of the division fence as con- templated in the first section, may require the owner or agent of the adjoining occupied lot, to erect the other half of said fence on giving him thirty days notice to erect the same, wbich party shall comply with this Ordinance within thirty days after receiving such ]iotice; and if he neglects or refuses so to do, he or they shall be liable to a fine of five dollars per day, for each day thereafter lie shall fail to erect said division fence. Art. 95. [III.J i^o provision herein shall be so con- strued as to compel owners of vacant lots to erect any part of any division fence adjoining the same. CHAPTER XII. FINANCE. ^ Article 96. [I.J When a party indebted to this cor- Passed poratioii presents for the payment of such indebtedness a ^^^^ch20,iH65 draft for par funds on the City Treasury in an amount ex- ceeding such indebtedness, the Marshal or other officer col- lecting the same shall require such person to credit said draft with the full amount of such indebtedness, and in ad- dition he shall give to the Marshal or other collector a re- ceipt or statement to the effect that he paid his indebtedness with said draft, and that he had credited the amount on the draft, giving in said receipt or statement, the amount, date, and number of the draft, and in whose favor the same, was issued, which statement shall be deposited with the Treasu- rer, and received by him as so much money. Art. 97. [I.] All moneys received by any officer of the Approved City on account of the City, for amy taxes, licenses, fines or other dues of th^ City, shall be paid into the Treasury of ^ritie the City as received, whether said receipts shall be in cur- jy * rency, or City script or coin. Charter. Xo officer of the City receivings money on account of Sec. l, the same, shall substitute City scrip for currency received by him. ' Charter. All officers of the City, receiving money on account of the same, shall keep an accurate record of his receipts from each party paying. Said record shall detail the amount and character of the payments received^ whether the same wms 24 in City scrip, coin or currency, and said returns shall be made under oath. CHAPTES XIII. Approved Jail, -ja, 1857. . , See Sec. 10, FIRES — PREVENTION AND EXTINGTJISHjVIENT OF. xIrticle 98. [1.] An alarm of fire shall be given by ring- two or more strokes per second for the space of a miii- Art. II, Title ute or more on the market bell, or any church or hotel bell, VII, i.f the in the city of Glalveston, or tiny steamboat bell in the harbor, Charter. or the alarm bells iu each Ward. Art. 99. [II.] Any j)erson who shall make a false alarm of fire, or shall ring or cause to be rung any hotel, steam- boat, church or similar bell, at a more rapid rate than one stroke per second, for the space of half a minute or more, (except in cases of fire,) shall be liable to a fine of twenty dollars ($20) or ten days’ imprisonment. Art. 100. [III.] It shall not be lawful for any person or persons to have in his, her or their possession, within the City, any coal, wood, plank, staves, shingles, or other lum- ber, or fuel of any description, combustibles or any mate- rials that may occasion hazard or danger of fire, unless the same shall be secured in such manner as shall be consid- ered by the Mayor or Chief Engineer to be safe from any danger of fire. Any person or persons refusing to remove the said articles when ordered by the Mayor, shall forfeit and pay the sum of twenty-five dollars for every day such refusal or neglect shall continue. Art^m^™ Art. 101. |IV.] It shall not be lawful for any person or IV of the PGi’Sons to fire or discharge any gun, pistol, fowling-piece or Charter. firearm, or to discharge or let off* any rocket, cracker, squib Sec. 5, Art. Or other fireworks in any street, yard, lot, alley, walk or II, Tide VII. public highway within ther limits of the City, or from the door or window of any house, or other building, or near any house, in any inhabitable part of the City, under any pretext what- ever, under a penalty of five dollars for each off*ence, if the person so offending be over the age of fourteen years, and if under the age of fourteen, then such person’s parent or guardian shall pay such penalty. Art. 102. [V.] It shall not be lawful for any person or persons to carry, or cause to be carried in the streets or al- leys, any burning coals or brands unless the same be shut up in a covered vessel, and any person offending against the provisions of this section shall be subject to a fine of five dollars. 25 Art. 103. (VI.) It sliall not be lawful for any person living within the limits of the City to build, or make, or have a fire in his, her or their yard, or in the alleys or streets of said City. And each and every person ofiending therein, shall be subject for each offence to a fine of not more than one hun- dred dollars. Art. 101. [VII.] It shall not be lawful to erect, or use See Sec. l, any stove or Franklin, unless the pipe thereof be conducted Art. ii, Title into a chimney made of brick or stone, nor shall any such naked pipe be allowed to pass through the upper fioor of a building* and in every wooden wall, partition and floor, through which a pipe is to run, there shall be placed a stone or earthen crock, or double tin cylinder through which such pipe shall extend^ and betweeji such crock and cylinder and such pipe, there shall be a space of at least one iiich, nor shall any such pipe be so put up as to project through said chimney into the open air ; and any persons violating the ])i'Ovisions of this section shall be liable to a penalty of ten dollars for each and every day during which said pipe may be in use. Art. 105. [VIII.] There shall be imposed a like fine of ten dollars upon any mechanic, or other person, who shall erect or put up any stove-pipe in violation of the provisions of the i^receding section. Art. 106. [IX.] It shall be the duty of all persons using a stove or stoves in any house, store, shop or building within the corporate limits of the city, to have a platform of stone, brick, sheet iron 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 or doors of said stove or stoves ; and any person failing to observe or conform to this direction, shall be liable to be fined not exceeding ten dollars for each and every day the same shall be used. Art. 107. [X.J The owner and occupant of every house See Sec. 3, within the limits of tlie City, siiall provide and keep one fire Art. II, Title bucket for each and every room in his house, or upon his c^^rter premises, in which a fire is kept, whether it be a fire place in a chimney or a stove ; which said fire bucket shall be capa- ble of containing two and a half gallons of water, and shall be marked wTth the owner’s name, or at least the initials of his name, and the same shcfll be kept suspended in some convenient place, ready to be delivered and used for the extinguishment of fires w^henever any may occur ; and every owner or occupant of any house, who shall neglect or refuse to provide themselves with said fire buckets, after being notified so to do by any officer of the City Police, or the Fire Department, shall forfeit and jiay the sum of five dollars for each and every week of the continuance of said refusal or neglect; and every person having any hre buckets in his or her possession, who shall neglect or refuse to deliver them for use on an alarm of fire, shall forfeit and pay for every bucket so retained the sum of one dollar. As amend- Abt. 108. [XI.] Xo person or persons shall be allowed (Ml December to keep in his, her or their stores, house or houses, at any G. 1871. one time a larger quantity than twenty-five pounds of gun See Sec 6 fireworks of any kind; and any person or persons Art. II, Titl (3 offending against this section shall be fined for each and VII, of the every pound of powder or fireworks found in or upon their Charter premises, over and above the quantity allowed, the sum of one dollar, or in default of payment of such fine, to be imprisoned in the city jail for the term of fifteen days. Aut. 109. [Xlll.j There shall be organized under the superintendence of the Mayor, a company to be styled the Fire Brigade, to consist of forty men, said Brigade to be under the command of the Mayor and assisted by an Assis- »ec. 1, Art. tant Engineer and the two Wardens, — the Wardens and III, Title VII, Assistant Engineer, to be elected by a majority vote of the ot the Char- company, and to serve for one year from the time of their election; all vacancies in officers to be filled by company elections for the unexpired term. Said Fire Brigade shall be selected by the Assistant Engineers of the steam fire engine companies and the hook and ladder company, men from each company. In case of the absence of either Warden at a fire, the Mayor, if present, and if not, then the Engineer, shall appoint a substitute for the time being. The Mayor at any fire shall be distinguished by wearing on his hat on canvas the word ^^Mayor,^^ as a symbol of his office and authority ; and the badges of the company hereby organized shall be, for the Engineer, a hat band of painted canvas with the word Engineer painted thereon ; and for the Wardens, a hat band of painted canvas with the word ^ ^Warden’’ in black letters upon a white ground, and for privates a similar hat band of painted canvas with the word ^^Fire Police” in white letters upon a black ground. Said company and the officers thereof are to serve without pay. Art. 110. [XIV.] The duties of sa houses. Ai^t. 111. [XV.] Whenever it shall be deemed neces- See Sec. I, sary to blow ux>, or otherwise destroy any house, for the Title j)urx)ose of i)reventing the extension of any conflagration, ci^^’i-ter ^ ^ the order therefor shall be given by the Chief or acting Chief Engineer after consultation with, and the approbation of the Mayor 5 and if the Mayor be not x>resent, then the Chief Engineer shall act ux)oii his own judgment, and give the said order whenever it shall be deemed necessary and proper. Art. 112. [XVI.J Whenever forty persons, selected in accordance with section thirteen, shall have enrolled them- selves, the comx^aiiy shall meet for x)ermanent organization. They may make such rules for their government as they may deem x)roper, and shall classify the men in two squads of twenty men each, numbering them one and two, and the Warden of each to correspond in number with that of his squad, and to take rank accordingly. At all company meetings the Assistant Engineer shall preside, and if he be absent the Warden of squad number one, and if he be absent the Warden of squad number two. Art. 113. [XYIL] TheMayor shall procure, from time to time, at the exx>ense ot the city, such tools, implements and apparatus as may be necessary for the equipment of said Eire Brigade, to enable them to discharge the duties herein provided for, and the said Mayor shall also provide, and have safely kei^t, the necessary amunition for blowing up houses. Art. 114. [XYIII.f During the prevalence of a fire, the Mayor, 111 addition to the duties herein imposed, shall have full power and authority to direct the movements and labor of said Fire Police, or any x)ortion of it ; he shall also have full x^ower and authority, and it is made his duty, on the application of the Chief or other Engineer, or Foreman of any of the fire engines, to order and direct any unemxiloyed man who may be in the vicinity of the fire, to assist in work- ing the engines or other apparatus, and to require his obedience to the Foreman under whom he may be placed ; and also to render any other aid or assistance in arresting the conflagration, which may be required of him by the Chief Engineer, or any other officer of the Fire Department ,• 28 and if any one be so suminoned and required, and sliali refuse to perform the duty so required of him, he shall be subject to a fine not exceeding five dollars. Art. 115. [XIX.] Any person, other than those inter- ested in the property periled or threatened by fire, who may interfere with the performance of the duties of the Fire Police, or any member thereof wearing his badge, shall be liable to arrest and imprisonment until the fire sliall be extinguished ; when, on hearing the cause of complaint, before the Mayor’s Court, the party accused, if found guilty, shall be fined in a sum not exceeding five dollars. Art. 116. [XX.] To ijrevent all misconstruction, it is hereby declared that it is the true intent and meaniijg of the preceding six sections to clothe the Mayor of the City, as Chief Magistrate thereof, with such power as in the exercise of a sound and reasonable discretion, it may become neces- sary so to act at any fire to protect the rights and property of any one or more of the inhabitants of the City. CHAPTEE XIV. FIUES — FIRE ENGINE DEPARTMENT. As amend- ARTICLE 117. [XXI.] There shall be chosen by the ed Jan. 21, Fire Department, subject to approval of the City Council, 1867. and commissioned by the Mayor, one First or Chief Engi- See Art.IIl neer, and one First Assistant En^neer, one Second Assis- Engineer, and one Third Assistant Engineer ; and the Mayor shall commission one Foreman, one Assistant Fore- man, and such number of Firemen as the Council may deem best, for every Engine, Hook and Ladder, and Hose Com- pany, that may be now, or shall hereafter be formed and organized in said city ; and these and their successors shall constitute the Fire Engine Department of the City of Gal- veston. See Art. Ill Art. 118. [XXII.j The Chief Engineer shall command Title VII, of the Fire Engine Department. It shall be his duty, with the the Charter. apparatus under his command, to prevent the de- struction of buildings, vessels, and property, by fire, within the City of Galveston ; and he shall exercise full au- thority in the premises, according to such Ordinances as the City Council have, or may hereafter ordain; and the Chief Engineer and Department shall be responsible only to the City Council for their official acts and conduct. The Chief 29 Engineer shall be empowered, and it shall be his duty, to amend- call out the entire Eire Engine Department twice in each year, for a general inspection of the Engines, Trucks, Apx^a- ^ ratus and Equixmients, and for the washing of the Engines; and it shall further be his duty to make a report of each in- spection to the City Council semi-annually, in May and ISTo- vember in each year, which report shall contain a return of the i)roi3erty of the city in the x)ossession of each Company, and shall further contain an account of the services rendered by the Department, and the manner in which the several Com|)anies have discharged their duty. The Chief Engineer shall further have the power to sus- l)end any one Comjjany, for one month, for neglect of duty, or refusal to obey his orders and report the same to the Council, who may order said Com^jany to be disbanded by resolution. Aut. 119. [XX III.] It shall be the duty of the Second Engineer to execute all orders that may be given him by the Chief Engineer, in the extinguishing of fires, and in the ab- sence of the Chief Engineer he shall assume and take com- mand of the Fire Department, and act as the Chief Engineer, and he shall be governed by the same Ordinances and Laws that govern the Chief Engineer while in command. Art. 120. [XXIV.] It shall be the duty of the Third Engineer to execute such orders as he may receive from the First and Second Engineers, in the extinguishing of fires; and in the absence of the First and Second Engineers, he shall command the Fire Department, and shall be governed by the same Ordinances that govern the First and Second Engineers while in command. Art. 121. [XXV.] It shall be the duty of the Foreman Approved of every Engine, Hook and Ladder, and Hose Company, Jwb 16, i860, upon an alarm of fire, to repair to the fire, with the Comjjany and Ax^paratus under his command and there to receive and execute such orders as may be given him by the First, Sec- ond and Third Engineers in the extinguishing of the fire ; and it shall be the further duty of the Foreman to see that the Engine and Truck Houses, Equipments, &c., in the pos- session of the Company under his command, are at all times in x>i*oper order and condition for immediate use, and that the same are kex:>t neat and clean at all times. He shall also Xoreserve order and discipline in his Company when on duty, and enforce a strict observance of the City Ordinances re- lating to the Fire Engine Department. He shall cause exact rolls to be kept of the members of his Company, and keep a Eecord Book of the prox^erty of the city entrusted to said Comx)any, which book shall be opened at all times to the inspection of the City Council^ through their Committee, or 30 any of the Engineers in command. A Blank Book, for the keeping of such Record, shall be furnished to each Company by the City Clerk. Art. 122. |XXVI.J It shall be the duty of the Assistant Foreman of every Company to execute such orders as may be given him by the Foreman in the extinguishment of fires, or in putting in order, and in keeping in good repair, the Apparatus in the possession of the Company to which he may belong ; and in the absence of the Foreman he shall act as Foreman of the Comi)any, and shall be governed by all such Ordinances of the City Council and By-Laws of the Company, as the Foreman is bound to observe while in com- mand of the Company. Art. 123. [XXVII.] It shall be the duty of every Fire- man belonging to the Fire Department to pay due obedi- ence to all orders he may receive from the Foreman or As- sistant Foreman of the Company to which he is attached ; to observe and be governed by all the Ordinances 6f the City Council, and By-Laws and Regulations of the Company to which he belongs ; but he shall not be bound, while on duty, to obey any order except it come from, or through, the Fore- man or Assistant Foreman of the Comj)any to which he be- longs. Art, 124. [XXVIII.] All communications from the City Council shall be made by and through the Engineers in com- mand, and the Chief Engineer shall, at least once in each year, report to the City Council the general condition of the Fire Department, of the Apparatus and Property belonging to it; the number of fires that have taken place, and, as near as may be, the amount of property destroyed ; and it shall be his right and duty to make such suggestions and recom- mend such measures as he may deem best for the action of the City Council in regard to the Fire Department. Art. 125. |XXIX.] The City Council shall have the right, at any time, to remove and put out of the Department any member of it ; and when any vacancy shall occur among the Engineers by removal or otherwise, the Foreman and Assistant Foreman shall meet, and, by ballot, select such person as they wish appointed ; and the name of the person so selected shall be sent to the City Council for appointment ; and if i he City Council should refuse to appoint the person so selected, then they shall, by ballot, select some other per- son, whose name shall be sent to the Council for apj^oint- ment, as in the first instance ; and when the office of Foreman or Assistant Foreman shall, by removal or otherwise, be vacant, the members of the Company in which the vacancy occurs shall meet, and, by ballot, select some person to fill the office ; and the name of such person so selected shall be Si sent to the City Council to he commissioned. If any person wishes to become a member of any Department, he shall make application to the Company he wishes to join ; and if a majority of said Company shall approve of his becoming a member, then his name shall be sent to the City Council for appointment. Akt. 126. [XXX.f Every member of the Eire Depail- ment shall provide himself with a good leather fireman’s cap, Yv^hich he shall wear when on duty. The Engineers’ caps shall be painted white, with their rank painted on the front. Any Company may direct what color their caps may be j)ainted, but the Foreman and Assistant Foreman shall have their rank painted on their caps, and the members of their Company and the firemen shall have the number of their Company painted on the front of their caps. Art. 127. | XXXI.] All expenditures in and about the repair of the Fire Engines, or any of the Apparatus, shall be made under the direction of the Chief Engineer; and all accounts for such repairs, or for the purchase of materials, or other necessary articles, shall be certified by him as cor- rect, and shall then be filed with the City Clerk, to be by him presented to the Board for allowance. Art. 128. [I.J Xo person shall, under any pretext what- Approved ever, take or use any of the implements, tools, or apparatus, belonging to any of the several Companies of the Fire De- partment, without first obtaining the consent of the Chief Engineer; and it shall be the duty of. ever;,' Fireman, know- ing of any such offence, to report the same to his Foreman, and said Foreman to make complaint to the Chief of Police, who shall take action in the matter; and for every violation of this Ordinance, the person guilty of such violation shall be subject to a fine of not less than two nor more than ten dollars. Art. 129. [I.] There shall be organized a Company of Ap])roved Axemen, to consist of a Foreman, two Assistants, and^Pi^l twenty -four members, which shall form a part of the Fire Department, and be under the superintendence, control and command of the Chief Engineer, and shall be subject to the same rules, regulations and restrictions as the Engine and Hook and Ladder Companies. Art. 130. [II.] Said Company of Axemen shall be equip- ped by and under the direction of the Mayor, for service. Art. 131. [L] Eacing to and from fires is not allowed Approv^‘ossibly be avoided, shall be subject to dismissal from the Department. Approved Art. 137. [I.] The Foremen attached to the several April 1, 1867. Steam Fire Engines, are required to exercise their horses daily in hauling shells and sand, and at such work as may be directed by the Fire Department Committee, to leave their wagons on the siiot when they hear the alarm of Fire, and to resume their work after the fire is extinguished. During the working of the Engine at fires or washings, no liquor of any kind shall be allowed around the Engine to the Engineer or Firemen; and it is the specified duty of the Officer in charge of the Engine, to see that this order is implicitly obeyed. The maximum of steam required on all ordinary occasions shall not exceed 80 pounds, and if at any time an extra quantity of steam is required, the Officer in charge of the Steam Engine will notify the Chief Engi- neer of the same. Approved Art. 138. [I.] The Mayor be, and is hereby authorized June 7, 1869. to purchase blacksmiths "tools, and all suitable material necessary for the repairs of Engines and all other City work, to be placed in the house in the rear of the one now occupied by Steam Engine No. 2, the same to be made into a shop of repairs ; the said shop to be placed in charge of First Engineer of Steam Engine No. 2, who, Avith his assist- ant, shallberequired to do all the City work, and be held ac- countable for receipts and disbursements of same; that the cost of the blacksmiths tools used in the shop of repairs shall not exceed $250. 1 33 Art. 139. [II.] The Mayor be and is hereby authorized to sell the house and lot on Mechanic street^ now occupied by Washington Fire Engine Company, and to contract for the building of an Engine House for the same company on the end of the building known as a fish market, occupying as much of the end of the market, facing Strand, as may be deemed necessary, erecting on said building a bell-tower and placing the Town Clock in same *, for the payment of which building he be authorized to appropriate the sum not exceeding hundred dollars, from proceeds of sale of said Engine House, and the balance of the money, or so much thereof as may be neeessary, to be expended in putting all the Steam and Hand Engines in complete order and repair ; that no sale of old house or contract for new, be made without the consent of the Mayor and Board of Aldermen. CHAPTEE XY. FIRES — FIRE LIMITS. Article 140. |I| It shall not be lawful to erect, build, place, move, enlarge or repair, or to commence to erect, ^ ^ • build, place, move, enlarge or repair, any wooden building, or any building whatsoever constructed of wood, or with a wooden roof, in this city, between the following boundaries : Avenue A on the north, and the alley between Avenue E As amend- (or Postoffice street,) and F (or Church street) on the south; x87i Eighteenth street on the east and Bath Avenue on the west. Xor shall any person move any wooden building into the space bounded by said streets and avenues, nor remove any wooden building from one place to another within said limits. Art. 141. [II.] Each and every buildiDg, of any size or kind, hereafter erected within said limits, shall have walls and roof constructed of fire proof materials, using for walls brick, stone, concrete or iron, and for roof slate, tin or iron. Art. 142. [III.] Whenever any wooden building, now See Art. I, standing within said limits, shall be damaged by fire, the Title VII, of rebuilding or repairing of the same is hereby prohibited, Charter, unless the owner shall first obtain a permit from the Mayor of the city ; and before the Mayor shall issue any such per- mit, he shall cause the said building to be inspected by three disinterested iiersons, who shall ajipraise the damage on the same ; and if they shall appraise the damage to said build- ing to be fifty per cent, of its value before the fire, or more, no permit shall be granted. The cost of appraisement shall be paid by the owner. 34 Art. 143. [IV.J That when any building shall, from age and neglect, become dilapidated, the same is hereby declared a nuisance; and on complaint being made to the Mayor of any such building, he shall cause the same to be inspected by three disinterested persons, free-holders in the city, and if the same be reported by the inspectors to be in a dilapidated condition, if the said house be in the fire limits, and a wooden house, the Mayor shall cause it to be removed or pulled down, as he may deem best, giving ten days’ notice to the owner to remove or dispose of the same, so that the nuisance be abated ; if said house be outside the limits fixed by this Ordinance, the Mayor shall require the owner to repair the same, or abate it, within time to be fixed in the notice; and if the owner, after notice, fail or refuse to repair or abate the house within the time fixed, it shall be abated by the proper officers of the city, on the order of the Mayor, — all expenses to be paid by the owner of the property. Art. 144. [V.] That whenever any wooden building, within the limits fixed in the first section of this Ordinance, shall be complained of as dangerous to the contiguous buildings, or as likely to cause fire, the same shall be in- spected, as hereinbefore provided in case of dilapidated ^ buildings ; and if the inspectors shall report the building complained of to be dangerous to contiguous buildings, or as likely to cause or promote fires, the same shall be deemed and held to be a nuisance, and the Mayor, after ten days’ notice to the owner to remove or abate the nuisance, shall cause the same to be pulled down or removed, at the expense of the owner. Art. 145. [VI.] Any person who shall violate the pro- visions of the First Section of this Ordinance, shall be fined in the sum of One Hundred Dollars for the first oftence, and Two Hundred Dollars for the second and each subsequent offence ; and if said fine is not paid, the person convicted shall be imprisoned, and may be required to w^ork on the streets for sufficient time to pay off said fine at the rate of Two Dollars per day. Art. 146. [VII.J Any person violating the provisions of the Third Section of this Ordinance, shall be fined in the sum of One Hundred Dollars ; and should said fine not be paid, the person convicted shall be imprisoned, and may be required to work on the streets of the city for fifty days, and the same penalty shall be imposed for each offence. See Art. YI Art. 147. [VIII.] All fines collected under this Ordi- Titie VII, of uance in money, shall be paid to the Treasurer of the Fire- the Charter, jj^en’s Eelief Association, for the use and benefit of said Association. 35 Art. 148. [IX.] If the owner of any wooden house. As amend- damaged by fire, shall desire to repair the same, he shall erovisions of Ordinances relating thereto be enforced. CHAPTEE XVI. GAS. Article 151. [I.] Alfred F. James, and Ephraim Me- j^^ssed Dec Lean, and such persons as they may hereafter associate with 3 , 1855 . ^ them, their successors, and assigns, be and are hereby author- ized to use the streets, lanes, alleys and public grounds of said city for the term of twenty-five years, for the purpose of 36 laying’ down in the streets, lanes, alleys and public grounds, pipe for the conveyance of Gas in and through said city, for the use of said city and its inhabitants ; Provided, said Gas pipes shall not interfere with the drainage of the city by the necessary construction of sewers, or other underground fixtures for the conveyance of water within said city. Nor shall the inhabitants thereof be liable for damages for the necessary disturbance of said pipe on account of any im- provements in the drainage of streets, lanes, alleys, or public grounds of said city, or in the construction of any public work ; Provided, further, That the works for gener- ating Gas shall not be erected East of Thirty-first street, in the city of Galveston. Art. 152. fll.J Whenever the said Alfred F. James and Ephraim McLean, and their associates, successors, and assigns, shall at any time propose to open any street, lane, alley, or public ground, for the purpose of laying down Gas-pipe, they shall give the City Surveyor, or the Mayor of said city if there be no City Surveyor, three day’s notice thereof, and shall not, during the progress of the work, unnessarily obstruct the passage of said streets, &c. And further, they shall, within a reasonable time, repair such parts of any street, lane or alley, as they may have broken up for such purpose, in such manner as shall be acceptable to the proper corporate authorities of said city. Art. 153. [111.] In consideration of the privileges granted to Allred F. James and Ephraim McLean, their associates, successors and assigns, they shall furnish to the said city, if required, upon the streets, lanes and public grounds, in or through which the leading or main pipes shall be laid for the purpose of supplying the citizens with Gas, such quantity of Gas as may be required by the City Council for x^ublic lamps, at a price not exceeding that charged to x>rivate individuals, by this or any other company hereafter to be established, which Gas whenever required by said city, said corporate authorities shall take from said Alfred F. James and Ephraim McLean, their associates, suc- cessors*and assigns, the lamp-posts, meters and lamps, being furnished at the expense of the city. Art. 154. |IV.] Said Alfred F. James and Ephraim McLean, their associates, successors and assigns, shall be, and are hereby authorized to charge the inhabitants of said city, for the Gas furnished by them, not exceeding seven dollars for every one thousand feet. Art. 155. [V.] Temx)orary failure on the part of said Alfred F. James and Ej)hraim McLean, their associates, successors and assigns, to perform any of the conditions exacted of them, when such failures are occasioned by acci* 37 dent or otherwise untoward events, shall not work a forfeit- ure of their privilege, x^rovided such accidents or events be remedied or rex^aired within a reasonable time. Art. 156. [VI.J That the Mayor be authorized and required to enter into a written contract on the part of the corx)oration of the City of Galveston with the x>arties before mentioned, under and in accordance with the xR'ovisions of this Ordinance, and for the purpose of carrying out the X)rovisions of the same ; and this Ordinance, and the con- tract to be entered into by virtue thereof, shall be considered as ax^x^^yi^^^ 1^ and such other persons as they may from time to time associate with them., their successors and assigns ; and in case said persons shall procure an act of incoiporation from the Legislature of the State of Texas, in relation to the x^i^Rpt^ses herein contemx^lated, then this Ordinance and the contract herein contemx)lated, shall be ax^xdicable to, and considered as if made with such corporate body, Art. 157. [L] Any person, association, or incorxtora- Pass^aM tion, that may hereafter erect and establish Gas Avorks, to 3, 1858. light the dwellings and buildings of the inhabitants with Gas, be and are hereby authorized to use the streets, alleys and Xiublic grounds of said city, for the xmipose of laying down beneath the surface thereof, pipe for the con Abeyance of Gas in and through the said city, for the use of said city and its inhabitants; Provided, that said Gas-pixDes shall not inter- fere with the drainage of said city, by the necessary construc- tion of sewers, or other underground fixtures, as recex^tacles for water, or for the conveyance of Avater Avithin said city. Nor shall the inhabitants thereof be liable in damages for the necessary disturbance of said x^ip^? reasons of any im- provement in the drainage of streets, alleys or public grounds ; Provided, further, That the x>erson, association or incorporation, so using said streets, alleys or xniblic grounds, shall not obstruct the x^^issage thereof, or of the side walks,-Avhile laying down said pixie, that they shall not break or open any such street, alley or ground, to any greater extent than it may be necessary to laydown the pipe^already on the ground, and shall immediately repair said street, alley or ground, and fill uxi any such excavation to the satisfac- tion of the Committee on Streets and Alleys. Art. 158. [II. | Whenever any such person, or incorpo- ration shall prox>ose to oxien any street, alley or public ground, for the xmrpose of laying down Gas-xiqie, two days’ notice of such intention shall be given to the Mayor before such work shall be commenced, who shall issue a permit for such x^Rrpose, without which, no street, alley or public ground, shall be so opened. 38 Art. 159. [III.] The corporation of the City of Galves- ton, will, in the purchase of Gas for the public lamps, give preference to the person, association or incorporation, who shall first complete the required Gas works to supply the inhabitants with Gas, provided that the imice to be charged shall Dot exceed that charged to individuals. Art. 160. [IV.] It shall not be lawful for any person, association or incorporation, to establish or erect any Gas- ometer, or other building for generating Gas, east of Thirty- First street. CHAPTEE XVII. HACKS, DRAYS AND OTHER VEHICLES. Approved ARTICLE 161. [I.] Xo person shall run or cause to run Dec. 4, 1865. within the limits of the City, any coach, hack, hackney coach, cab, cart, dray, timber carriage, or other carriage or vehicle See Sec. 2 , for hire for the transportation ol persons, produce, effects, Art. Ill, Title merchandise and other articles generally whatever, without V, of the flrgt: obtaining a license therefor from the City Clerk for c larter. each of the above carriages or vehicles ; and before pro- See Chapt. mch license, such person or persons shall first enter 41, on License into bond payable to the Mayor, Aldermen and Inhabitants Tax. of the City of Galveston, with two or more good and See Sec. 18, sufficient Sureties, in the penal sum of five hundred dollars. Art. Ill, Title approved by the Mayor conditioned for the payment- charter ^ penalties and damages, which said person or persons may incur or be liable to pay, under any By-Law or Ordi- nance of the city now in force, or that shall hereafter be enacted; Provided, that licenses may be issued to Livery Stable keepers of this city, to run single-horse buggies without giving bond ; and every person or persons who shall See Sec. 49, foil to obtain the license, as herein required, and execute Chapt. 41, on bond, shall be subject to pay a fine of not less than one half License Tax. of annual tax which he, she, or they, should have paid, which fine shall be imposed for each and every month that said license tax shall remain unpaid after the first conviction; and the person or persons in whose name a license is taken out under this section, shall be considered or held as the owner or owners thereof, and liable to the payment of all forfeitures, penalties, damages, by the provisions of this Ordinance imposed. See Chapt. ART. 162. [II.] The licenses to be issued by the Mayor 41 , 0 1 LiccDse under the Corporate seal, and the City Clerk shall cause to be inserted in a book, which he shall keep for that purjicse in his office, the names of each proprietor of carriages and vehicles, above designated ; the number of each license 39 which shall he delivered, and the designation of each species of carriage or vehicle for which such license shall be deliv- ered. Art. 163. [III.] The term of each of said licenses shall expire on the thirty-first day of December of each and every Li<^ense Tax? year, and must afterwards be renewed on the first (1st) day of January of each year ; and any and all persons failing so to renew their license, as aforesaid, are hereby prohibited from ruiining, or causing any such carriage or vehicle to be run, until they shall have renewed their license, as is by the present Ordinance required, under the penalty of ten dollars for each and eveiy time he, she, or they, shall cause to be run any vehicle or carriage, as aforesaid. Art. 164. [IV.J The license to run any such dray, cart, wagon, coach, hackney coach, or other carriage or vehicle, shall be paid for yearly in advance to the proper officers at the rate prescribed by, and in conformity with the provisions of the Ordinance providing for a uniform rate of license tax, approved July 5th, 1871. Every dray, cart, wagon, coach, See Sec. S5 hackney coach, carriage, or other vehicle, licensed as afore- License Tax? said, shall have the number of the license as furnished, and the name of the owner fixed on some conspicuous part thereof, so that it can at all times be seen ; and every hack, coach, carriage, cab, omnibus, or other vehicle for the con- veyance of passengers, when driven or used, or waiting and standing for use, on any public street or place in the night time, whthin said city, shall have fixed upon some conspic- uous part of each of the outsides thereof, a lighted lamp, with plain glass fronts and sides, with the number of the license painted with colors to be designated annually by the City Treasurer, on the sides and fronts of each of said lamps, in distinct and legible figures, not less than two inches in size, and so x^laced that said numbers and lamps may be distinctly seen from the inside and outside of such vehicle; and shall have a card, furnished by the city at the expense of the owner, containing the prices and rates of fare allowed by this Ordinance, and the name of the owner ; and said card shall altrays l3e kept framed and t>osted right side up in some conspicuous place in each vehicle, so that the same can be easily seen and read by the passengers at all times; and any person or persons running an^^ such vehicle for the purposes herein contained, without complying literally with its provisions, shall pay a fine of not less than ten, nor more than one hundred dollars, for each and every contravention. Art. 165. [Y.] Every person who shall take out a license, as hereinbefore directed, shall be responsible for all persons who shall run with his number or license, unless a declaration of transfer or substitution shall have been made 40 by him at the Mayor’s office, stating the name of the party substituted, which shall be endorsed and certified on the back of the license by the City Clerk ; and such person so substituted shall be bound in the same manner as if he had taken out the license in the first instance, and shall be required to execute bonds as in the first section of the Ordi- nance required ; and failing to execute such bond, the substi- tuted or transferred license shall give such transferee no right to run such vehicle; and every person contravening the provisions of this section, shall pay a fine of from ten . to twenty-five dollars for each and every contravention. Art. 166. [VI.] Any person who shall run, or cause to be run, within the limits of this city, any dray, cart, cab, hack, or other vehicle whatever, with false numbers, or who shall have affixed the same number to two or more vehicles, shall pay a fine of not less than ten dollars, nor more than one hundred dollars, for each and every such oflFence. Art. 167. [VII.] Whenever the number of any dray, cart, cab, hack or other carriage or vehicle, shall be erased or defaced by time or any other cause, so that it cannot be distiuctly deciphered, the owner of such vehicle aforesaid shall have his number immediately reinstated ; and in case of his neglect or refusing so to do, he thall pay a fine of not over twenty-five dollars for each and every contravention of this provision, or be imprisoned from seven to fourteen days. See Sec. 30, Art. 168. |VITI.| Any drayman, carter, or other driver, vF ^uf dray, wagon, cab, hack, coach, or other carriage Chav^r. ^ vehicle whatever, public or private, or any person rid- ing on horseback, who shall be guilty of running his horse or horses, mule or mules, through any of the streets of the city, or driving at any faster gait than a slow trot or pace, and any drayman who shall drive his dray when loaded, at a feister gait than a walk, shall be arrested and fined from fi-ve to twenty-five dollars, for each offence ; and in default of payment, shall be imprisoned for a term of not less than seven nor more than fourteen days. Art. 169. [IX.] It shall be the duty of all draymen, carters, coachmen, and all other drivers of drays, carts, hacks, wagons, cabs, or any other vehicle whatever, when meeting any other carriage or vehicle, or any person on horseback, to take to the right side of the street or road they may be in, until such carriage or vehicle, or person on horseback shall have passed, or until they have passed such vehicle or person ; and any person failing so to do, or in any way contravening the provisions of this section, shall pay a fine of not less than five, nor more than twenty -five dollars. 41 Art. 170. [X.J If any accident or injury shall happen o i account of any drayman ^ carter, coachman, horse or horses, mule or mules, dray, cart, wagon, coach, cab, hack, or any other vehicle whatever, while running, coming in contact with any person, it shall be the duty of such coach- man, drayman, carter or other driver, to stop and render assistance, if necessary, and to give his name or that of his employer, and jilace of abode, and number of his carriage or vehicle y and in default thereof, he shall pay a fine of not less than ten, nor more than twenty-five dollars, or be im- prisoned from ten to fourteen days. Art. 171. [XL] It shall not be lawful for any drayman, or any person, to drive or ride any horse, or cart or carriage, of any kind whatever, over the side- walk of any street, under a penalty of five dollars for each and every offence ; and every drayman or other person who shall injure any side- walk by thus driving any horse, cart, dray or carriage over the same, shall be required to repair the damage done to the said side- walk, within twenty-four hours thereafter, on penalty of two dollars for each offence. Art. 172. [XII.] Carters, draymen, &c., shaU not, un- der any pretext whatever, when unemployed, refuse to transport merchandise and any other articles whatever, on payment of the legal dues, under penalty of a fine of five doUars for each and every contravention. Art. 173. [XIII.] Each and every driver of a cart'or dray shall, if required, take upon his cart or dray a full load, that is one hogshead of sugar or coffee, or, if required, four barrels of liquors or provisions, six barrels of flour, six sacks of salt, three hundred and thirty-three feet of lumber, (board measure,) one half cord of wood, or three bales of cotton ; and no driver shall be required to take for a load, of any articles not enumerated, more than twelve hundred pounds. Art. 174. [XIV.] Every driver of a cart or dray shall be entitled to demand and receive, before delivery of the load of the person who employs him, the following prices, to-wit : For every load not exceeding ten squares, fifty cents for every load, and in proportipn for a greater distance. Art. 175. [XV.] The prices to be charged by the owner or owners, driver or drivers of any hackney coach, car- riage, or other vehicle for the conveyance of passengers, for hire within said city, shall be as follows, to be regulated and estimated by the* distance on the most direct route, to-wit : For carrying a passenger to or from any place within the limits of said city, seventy-five cents, but in no instance shall any charge be made for children under five years old belonging to the family or party hiring said vehicle ; for the use of any buggy, or other vehicle drawn by one horse or 42 other animal, by the hour, one dollar and fifty cents ; for the use of any hack, or other vehicle drawn by two horses, per hour, two dollars ; and double the above rates between the hours of nine o’clock p. m., and six o’clock A. m., may be charged. Every passenger shall be allowed to have con- veyed upon such vehicle, without charge, his ordinary traveling baggage, not to exceed one trunk, and twenty -five pounds of other baggage. No owner or driver of any hackney coach, cab, carriage, coach or other vehicle, licensed as aforesaid^ shall neglect or refuse to convey in said city, any person or persons, with or without baggage, when applied to for that purpose, or ask, take or extort, from any such person, a price or rate of fare for such conveyance, greater than is herein established, under a penalty of not less than ten nor more than one hundred dollars. Art. 176. [XVI. J No owner or owners, or any other person having charge of any cart, dray, hackney coach, or any other carriage or vehicle, whether used for hire, burden or pleasure, shall stop or place such vehicles at or near the intersection of any street, lane or alley, in such a manner as to prevent foot passengers from passing such street, lane or alley ; and any person who shall so place any such vehicle, as aforesaid, and shall not immediately, on the request of any foot passenger, cause the same to be removed, or shall ab- sent himself so that the request cannot be immediately made andcomplied with, shall be liable to pay a fine of not more than one hundred dollars nor less than ten dollars, for each As amend- contravention. No person having in charge any coach, cab, ed April omnibus, or other carriage or vehicle for the conveyance of 1866. passengers, luggage or baggage, shall, while waiting employ- ment at any stand, wharf, railroad depot, or any other place whatever, be or remain more than six feet from the vehicle he has in charge ; and no more than one driver shall be allowed to each hackney coach, omnibus or other vehicle, intended for the conveyance of passengers, unless it be per- sons belonging to the same establishment. No owner or driver of any cab, hackney coach, omnibus, cart, dray or any other vehicle, while waiting employment at any railroad depot, wharf, steamboat landing, or other public place in said city, shall unnecessarily snap, crack or flourish his whip, or use indecent or profane language, or be guilty of boisterous or loud talking, or any disorderly conduct, or vex or annoy travelers or citizens ; and such owners and drivers are required to obey any and all rules and regulations adopted by any railroad company, or person, or association, 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. 43 Any person who shall violate any or either of the provisions of this section, or who shall fail or neglect to comply with its requirements, shall, on conviction, pay a fine of not less than ten nor more than one hundred dollars, and in the discretion of the Mayor forfeit his license. Art. 177. fXVII.] All fines imposed by this Ordinance shall be recovered before the Mayor or Eecorder for the use of the city. CHAPTER XVIII. HARBOR IMPROVEMENT BONDS. Article 178. [I.J Be it ordained by the Mayor and Approved Board of Aldermen of the City of Galveston, in council con- 25, 1869. vened, That the Mayor of the City, and two members of the Council to be selected by the Mayor, and one person to See Art, XI, be appointed by the President of the Galveston Wharf Title ^x, of Company, and one person from the citizens of the city, to Charter, be selected by said four, shall constitute a Board of Harbor Improvement, and shall elect from themselves a President thereof, and the five shall constitute a quorum to do business. Art. 179. [II.] The said Board shall be, and they are hereby empowered to employ, able assistance. Civil Engi- neers to examine and survey the harbor and the obstructions thereof, and report a plan of work, which, when adopted by the feoard and approved by the Council, shall be at once acted upon. Art. 180. [IIL] For the purpose of being well advised, the said Board shall correspond with the officers of the United States Coast Survey and with the Board of United States Engineers, and procure from them maps of the latest survey of the harbor. Art. 181. [IV.] When the plan of work has been adopted, the said Board of Harbor Improvements shall report the same to the Mayor of the City, who shall communicate the same to the Council for their approval. Art. 182. [V.] The plan of work being approved by the Council, the President of the Board of Harbor Improve- ments shall file with the City Clerk estimates of the amounts of funds required to carry on the work for the month next ensuing, which estimate shall be examined by the Council, and, if approved, the sum asked shall be appropriated from the fund hereinafter provided. Art. 183. [VI.] The said Board shall keep an accurate account of all expenditures made by them in the prosecution of the work, and file monthly with the Treasurer of the 44 # City the account for the last month, and with proper vouchers ; and also with the City Clerk estimates for each next ensuing month. All funds appropriated under this Ordinance, except the Interest and Sinking Fund, shall be drawn from the Treasury and deposited with the First National Bank of Galveston, and shall be paid out on the check of the President of the Board of Harbor Improve- ments. Art. 184. fVH.] To provide a fund for the work herein before authorized, the Mayor of the City is hereby * authorized to have engraved Harbor Improvement Bonds of the City of Galveston, with semi-annual interest coupons attached, at the rate of ten per cent, per annum, maturing on the first (1st.) of January and 1st of July each year — coupons payable in gold at the office of the Treasurer of the City of Galveston. The said bonds shall be drawn payable in lawful money to the bearer, at the office of the Treasurer of the City of Galveston, and maturing in eleven, twelve^ thirteen, fourteen, fifteen and sixteen years ; shall be signed by the Mayor, and counter-signed by the City Treasurer^ with the seal of the corporation attached — not over thirty thousand dollars maturing in one year. Art. 185. [VIII.] The bonds authorized by this Ordi- nance shall not exceed in the aggregate the sum of one hundred and eighty thousand dollars, and shall be issued from time to time in such sums as may be necessary to meet the estimates of the President of the Board of Harbor Improvement, and delivered to him, and he shall receipt for the same, and shall be sold by him in open market to the highest bidder, or at par on private application to the President of the Board. Art. 186. [IX.] To provide for the interest as it falls due, and to create a Sinking Fund for the redemption of the bonds when due, or before maturity if advisable, there is hereby set apart and appropriated, as a special fund to be used for no other purpose, the income of the city from its six thousand two hundred and twenty-two shares of stock in the Galveston Wharf Company, until the principal and interest of the bonds hereby authorized is fully paid up and discharged. Art. 187. [X.] The fund derived from the source above provided shall be a special deposit in the hands of the Treasurer of the City of Galveston for the purpose for which it was created, and shall be disbursable only in payment of the coupons of said Harbor Improvement Bonds, or for the purchase of gold to pay said gold coupons, or for the purchase of bonds, if the fund should accumulate as to make it advisable ; and in that case the Mayor of the City 45 of Galveston shall give public notice of the amount of bonds to be purchased and invite proposals from holders; and on the redemption of a bond a draft may be drawn on the Treasurer for the amount necessary to redeem each bond purchased, which, when accompanied by the purchased bond, shall be paid by him from said fund; Provided, nevertheless, that no bond shall be purchased before maturity, unless the interest on the amount outstanding shall have been provided for one year in advance, after redeeming the bonds. Art. 188. [XI.] The Treasurer of the City shall cancel all coupons paid by him, and twice in each year file in the office of the City Clerk a list of said coupons, with numbers, dates and amounts, clearly shown, and shall quaiterly report the amount to the credit of this fund to the City Council. Art. 189. [XII.] When the Treasurer of the City shall have sufficient of this fund in his hands to purchase gold sufficient to pay six months’ interest, he shall report the same to the Finance Committee, and with their approval shaU purchase the gold necessary, and credit said fund with the premium paid. Art. 190. [XIII.]. The Board of Harbor Improvements shall receive no pay or commission for disbursing the funds entrusted to them, but they may employ a competent clerk to keep their accounts, and may allow him a reasonable salary out of said funds, and they shall each month report the progress made by them in the work; they may also appoint a capable superintendent to direct the work, and may pay him a reasonable salary. CHAPTEE XIX. HARBOR AND HARBOR MASTER. Article 191. [L] Xo person shall bring into the harbor Approved of the City of Galveston, nor shall leave there, the wreck of Bee. 31, 1856. any ship or vessel, whereby such portion of the harbor may be occupied and the entrance or departure of any craft thereby be incommoded, under the penalty of twenty-five charter.* dollars for every such offence, and the further penalty of ten dollars for every day or part of day the wreck of said vessel or ship may continue there, after being duly notified to remove the same by the Harbor Master of the City of Gal- veston. Art. 192. |II.j Xo person shaU castor deposit, or suffer to be cast or deposited, in the harbor of this city, any stone, Obiter. 46 gravel, earth, ashes or other like substances, or any filthy logs or like floating things, or create any obstruction there- in, under the penalty of a fine of not exceeding one hundred dollars for each and every offence, and ten dollars for each and every day the same shall be suffered to remain therein. Art. 193. [III.] Said Harbor Master shall have power to regulate and station all ships and other vessels in the harbor within the City of Galveston, and at the wharves thereof, and to remove from time to time all such ships or other vessels when deemed necessary to afford mole general accommodation; but in placing any vessels at the wharves, or removing them from the wharves, the Harbor Master shall do so only at the request of the Superintendent of the Wharves, and as to the fact of its being necessary to remove said vessels, the Superintendents are hereby constituted the judges ; and if any master, or other person having charge of said ship or other vessel, shall refuse or neglect to obey the directions of the Harbor Master in the execution of the duties of his office, such master or person having charge of said vessel or ship, or any other person whatso- ever, shall be liable to a fine of not less than twenty nor more than one hundred dollars for each and every offence ; to be recovered before the Mayor or other Court of compe- tent jurisdiction. Art. 194. [IV.] It shall be the duty of said Harbor Master to superintend and enforce the execution of all the By-Laws and Ordinances regulating the clearing of the docks and wharves, and to prevent and remove all nuisances on or about them ; and if the person or persons whose duty it shall be to remove such nuisances, shall refuse or neglect to remove the same, within twenty-four hours after having been notified by the Harbor Master, such person or persons so refusing or neglecting shall forfeit and pay a fine of not less than three nor more than fifty dollars, (and shall be liable besides for all expenses incurred in the removal there- of,) to be sued for and recovered, for the use of the city, before the Mayor or Eecorder, or any Court of competent jnrisdiction. Art. 195. [V.] No vessel shall be allowed to moor within a cablets length of any wharf. No vessel whatever, between the city and outer bar, shall throw over any stone or other ballast, below low- water mark, and in the harbor particularly. All ballast shall be landed fairly on the shore, and at the time of loading and discharging, care must be taken not to drop any part thereof overboard, nor shall any ballast be unloaded at night. No pitch, tar or other com- bustibles, shall be heated on board of any vessel, but must be done on stages and boats, removable in case of accidents. 47 Art. 196. [VI.] No vessel, lying in the stream, shall be permitted to have her boats towing astern, but they must be kept alongside or at the davits. All vessels, ships or other craft, shall be properly moored within twenty-four hours after their arrival. Art. 197. [VII.] All vessels lying in the stream are to have their jib-booms rigged in, and yards topped, &c., and while lying alongside of the wharf on no account are the yards to be squared. Art. 198. [VIII.] Any breach of either of the last four proceeding sections of this Ordinance shall, and does hereby subject the master of any shij), vessel or other craft, or any other person whatsoever so ohending, to a fine of not less than five nor more than one hundred dollars for each offence or breach aforesaid, to be recovered before the Mayor or any Court of competent jurisdiction. Art. 199. [III.] It shall not be lawful for any person Approved or company to extend, or cause to be extended, any wharf leading to the channel in front of the city, beyond a depth of water of twelve feet at ordinary low tide, under a penalty of one hundred dollars for every day such obstruction shall remain, to be recovered as in cases of other fines, and a like penalty shall be imposed for the extending of any wharf now erected, or hereafter may be erected, a greater distance into the channel, when from any cause the water at the end thereof shall be reduced to a less depth than twelve feet ; but in such cases it shall be the duty of the owner or owners of such wharf to cause the water in front of the same to be deepened, by removing the deposites from the bottom. CHAPTER XX. HOSPITAL. Article 200. [I.] The Mayor shall be, and he is hereby See Art. Il, invested with authority to cause any person, not being a resident of this city, who shall be, or shall be suspected of charter, being sick, or infected with any infections or pestilential disease, to be sent to the City Hospital, or some other hospital or pest-house; and he shall also have authority to cause to be removed from the city, or destroyed, any furni- ture, wearing apparel or goods, wares and merchandise, or articles of property, which shall be, or be suspected of being tainted with pestilence, or which shall be Ukely to pass into such a state as to generate or propagate disease ; and ev^y person who shall be served with a copy of any order of the Mayor, under any of the powers conferred by this section, 48 ea 1869. 03rtified by the City Clerk, and shall refuse or neglect to comply -with the same, shall forfeit and pay a fine of not exceeding one hundred dollars for each and every offence. As amend- Aet. 20l. [II.] Ihe City Hospital shall be placed under ed May 4, the care and management of the Eesident Physician, subject 1868. to the general supervision of the City Council ; said Eesi- As amend- dent Physician shall exao ne and revise all requisitions July 6, made by the House Surgeon, as herein after provided, and shall order the same to be paid whenever they are satisfied that the same are correct. The said Eesident Physician shall appoint a House Surgeon, at a monthly salary to be agreed upon, and to be approved by the City Council, who shar remain at the said Hospital and give a superintendence to the local affairs of the same, and see that everything needful is supplied, and for this purpose he shall make his estimates and draw his requisitions upon the Eesident Physician tor such necessary food, bedding, drugs and other sux)plies, as the Hospital may from time to time require. He shall keep a correct list of all patients admitted into the HospitaJ, by whose order, the days of their admittance and discharge, the nature of the disease, and the dates of the deaths of such as may die; and shall furnish monthly abstracts of said report to said Eesident Physican. He sha’ ' be subject to be removed by said Eesident Physician for good cause. Aet. 202. [III.] All Hospital fees and dues shall be paid into the City Treasury as a Hospital Fund, and the City Clerk shall keep a separate account of the same. See Sec. 12, Aet. 203. [VII.] It shall not be lawful for any person Art. Ill, Title to estabUsh or keep any hospital, or other like place for the IV, of the reception or accommodation of any sick or diseased persons, at any point within the corporate limits of the City of Gal- veston, between Mnth street and the Western boundary of the City ; and aw persons who shall violate the provisions of this section, shall be punished by a fine not exceeding one hundred dollars for each and every sick or diseased person received or accommodated in such hospital or other like place. Aet. 204. [VIIL] It shall be the duty of the Mayor on the complaint of any citizen, to cause any such sick or diseased person or persons, to be removed from any such unlawfully established hospital or other like place, to the City Hospital. Aet. 205. [IX.] The Physician in charge of the City Hospital shall at all times admit the Mayor of the City, or a Committee of the City Council, or any Alderman who shall be charged with the duty of visiting the City Hospital, and examining the condition thereof, and of the patients. Charter. 49 and of the treatment thereof ; and any failure or refusal so to do, shall be deemed a violation of the contract of such Physician with the city. Art. 205. [XI.] The Mayor may, in the exercise of a just and proper discretion, grant and issue permits for ad* mission to the Hospital to such persons as to him may seem right and proper. Art. 206. [I.] The Mayor and Physician in charge of the City Hospital, and all other city officers, are hereby strictly prohibited from receiving any more paupers or patients from the County of Galveston, until the said county shall settle up with the city for money already due, and give satisfactory guarantees for future payments. Art. 207. [I.J The Physican in charge of the City Hos- pital be, and he is hereby required, to set apart one of the ^ Wards of the City Hospital for the special accommodation of persons suffering with diseases of the eye, throat and ear. Art. 208. [II.] The Mayor shall appoint, by and with the advice of a majority of this Council, a physician skilled in the treatment of these diseases, who shall have entire control of this Ward and of the patients treated therein; Provided, said physician shall receive no pay for his services. CHAPTEE XXI. ON NUMBERING HOUSES. Article 209. [I, ] All houses or streets running Xorth Approved and South shall be numbered ; commencing at Avenue A as June 10, 1867. the initial point, and numbering from thence Xorth and South. There shall be fifty numbers assigned to each block of said streets, commencing with the numerical one (1), and all the even numbers shall be placed on the East side of the street, and all the odd numbers on the West side of each street. Art. 210. [II.J All houses on the Avenues of said city of Galveston running East and West, shaU be in like maimer numbered; commencing at Bath Avenue or Twenty- Fifth street as the initial point, and numbering from thence East and West. There shall be fitty numbers assigned to each block, commencing with the numerical one (1), and all tlie even numbers shall be placed on the Xorth, and all the odd numbers on the South side of each Avenue. 50 CHAPTEE XXII. iv-TAKKETS. See Sec. 10, Akticle 211. [II. | Ali butchers’ meat of every kind, and 22, |and 23 that is to say fresh beef, veal, mutton, pork and the like, ^t. llT,Tm^ brought to the present Markets, and such other Charter. Markets as may from time to time be established by the City Council, to be sold and disposed of, and every person who shall sell, expose, or offer for sale any of the above mentioned meats, in the streets or elsewhere than in the said Market or Markets, shall be subject to a fine not exceeding twenty dollars for each and every offence. Art. 212. [III.] The Market shall not be opened for the sale of meats, vegetables, fish and other articles before the hour of 3 o’clock, A. M., in the summer, and 4 o’clock, A. m., in the winter ; Provided, nothing herein contained shall prevent butchers from bringing their meat to Market and cutting up the same, before the hours above st^^ ted, nor of those engaged in vending fish, vegetables, &c., from bringing the same to Market before those hours. Art. 213. [lY.] The stalls in the City Markets shall not, (without the iiermission of the City Council,) be used for sale of anything except butchers’ meats, vegetables, fruits, fish, game, poultry and eggs. And any j)erson viola- ting the provisions of this section, shall incur a penalty of not exceeding twenty-five dollars for each and every offence. Art. 214. [V.] The City Council shall annually in the month of July, appraise and fix the minimum price of the stalls and stands in the City Market, specifying the respec- tive value of stalls for meat and vegetables, and the stalls and stands for fish, coffee, &c., and shall cause said appraise- ment to be entered on the journal of their x>roceedings, and it shall be the duty of the City Treasurer, on the first day of September, in each and every year, unless the same should happen to be on a Sunday, and in that case on the Sat- urday preceding, after having given at least ten days pub- lic notice by advertisement, to proceed to rent the said stands and stalls at public auction to the highest and best bidders therefor, over and above the minimum assessed and fixed upon by the City Council, for one year from the said first day of September, said lessees to pay at the time of renting, the said advance over and above the minimum value fixed by the said City Council, if any shall be bid, and one-fourth of the aj)X)raisement, and shall give bond, with good and sufificient security, to pay the remaining three-fourths of said sum, in three equal x^ayments at the commencement of each succeeding quarter year. Hereafter, at the renting of stall ;, the City Treasurer shall require the person who bids off a stall to pay ($25) twbnty-five dollars to the Treas- 51 urer, to apply as part payment on said contract, and also to compel the bidder to com})ly with the terms of said contract, or said bidder shall forfeit the said twenty-five dollars to the city, and should any bidder fail to pay the above men- tioned twenty-five dollars, the Treasurer shall immediately sell the stall again commencing with the next highest bidder. Art. 215. |YI.] The City Treasurer shall also at the same time mentioned in the next and ]3receding section, and in i)ursiiance ot a like public notice by advertisement, oflter at public auction to the, lowest bidder, the cleaning and lighting of the Market house, for one year; the contractor being required to give bond in the sum of one hundred dol- lars, i^ayable to the city by its corporate name, with condi- tion for the faithful performance ot the contract and unoer- taking. Art. 216. fVII.] It shall not be lawful for any person to stop up or encumber the streets and passage ways in or about the Market with stands, tables, vehicles, or in any other manner except in those cases w^here the privilege to , do so is granted and rented by the City Council, or hj its authority, and every person offending against the provisions of this section shall incur a i)enalty of not exceeding twen- ty-five dollars for each and every offence. Art. 217. [VIII.] It shall be unlawful for any person to injure, swing upon, or otherwise interfere with the ropes, tnckle, or other articles belonging to the butchers or other persons in the City Market, and any persons offending against the provisions of this section, shall be punished by a fine of not exceeding ten dollars, ;oi\imprisonment in the common jail of not exceeding three days, at the discretion of the Recor- der. Art. 218. |IX.] It shall be unlawful for any person who shall occupy any of the stalls in the Market, or any other person to chop on any of the planks used*for counters, and any person offending against the provisions of this sec- tion, shall be punished by a fine not exceeding ten dollars for each and every offence. Art. 219. [X.] Every person who shall sell, or offer, or expose for sale in the Markets or elsewhere in the city, any unwholesome, stale, emaciated, blown, stuffed, tainted or measly meat, poultry or provisions of any kind, shall be punished by a fine not exceeding fifty dollars for each and every offence. Art. 220. [I.]. The privilege be, and the same is hereby ^ granted to any person or persons who cultivate or raise his, Nov. 18^1867. her or their own vegetables, or to any such person or per- sons who may kill game of any kind, or raise fowls of any kind, or to any such person or persons who may catch fish, 52 to sell them in the streets in front of and South of the Second Ward Market, or in the street in front of or South of any other Market in the city, in his, her or their wagon, carriage, or other vehicle, or on tables ; Provided, the street shall not be so encumbered with wagons, carriages and tables, as to prevent the free passage of vehicles and persons on one side of the street. And provided, the Chief of Police shall have the right to regulate the position of such vehicles, tables and stands, and further provided, that any person or per- sons selling any of the articles, herein allowed to be sold, shall pay to the City Treasurer, for the use of the city, for each morning on which such person or i^ersons shall sell the same, the sum of twenty-five cents. Aut. 221. [II.] Any actual raiser of vegetableswhomay have rented a stall in the vegetable market, who may be desirous to give up the same, and take advantage of this ordinance may do so. Art. 222. [III.] The foregoing privilege is granted on the express condition that the parties taking advantage of the same, shall cease to occupy such street or streets for the sale of anything herein authorized to be sold, after the hour of eight (8) o^clock A. M. That nothing herein con- tained shad be construed so as to prohibit any of the ' parties herein enumerated Irom selling privately and to individuals, anything herein authorized to be sold, at any 1869. during the day by taking the same round in carts, wagons, carriages, in the hands, in baskets, or in wheel barrows. Art. 223. [I.] Whensoever the City Council sees proper to establish and grant a market privilege for the sale of fresh meat, in any part of the City Corporation, See Sec. 42’ where the grantee furnishes the gronnd or lot, and house, Chapter— on each and every butcher, or any other person occupying Licenee Tax. such house fgr the sale of fresh meat, shall pay the sum of one hundred ($100) dollars per year, payable semi annually in advance ; these markets to stand under the rules and regulations of the City; and whenever such house is occupied by two or more butchers or other persons doing a separate business, each of such persons shall pay^ the above named amount. Approved OHAPTEE XXIII. Jan 8, 1857. See Sec. 37, ^ NUISANCES. Art. Ill, Ti% Article 224. [I.] It shall not be lawful for the owner Sbarter occupanant of any lot or premises within the corporate limits ot the city to have or use any place as a Privy, or Necessary House, in such lot or premises within three feet 53 of the next adjoining lot, or any street or alley ; and that every Privy, or I^ecessary House, now erected and situated contrary to the foregoing provision, shall be immediately removed by the owner or occupant of the lot or premises on which the same is situated; and every person violating the provisions of this Section shall, upon conviction thereof, be subject to a fine of not exceeding twenty dollars for each offence. Art. 225. [II.] It shall be the duty of every iDerson owning or using a Privy, or ^lecessary House, to use and keep the same in such manner that it shall not be offensive to the public, or to any person residing in the vicinity ; and for a violation of this Section, the offender shall, upon con- viction, be subject to a fine of not more than ten dollars for each offence. Art. 226. [III.] No tub, box, nor the contents of any vault. Privy, or Necessary House, within the city, shall be removed at any time between the first day of June and the first day of October, in any year, except with the permission of the Mayor, and in accordance with such directions as may be prescribed by the City Council, or Board of Health ; and not at any other time of the year, except between the hours of eleven (11) o’clock at night and four o’clock in the morn- ing ; and any person offending against the j)rovisions of this Section shall, upon conviction, be subject to a fine of not ex- ceeding twenty-five dollars for each and every offence. Art. 227. [lY.] It shall not be lawful for any person to throw, x)lace, leave, or deposit, or to suffer, or permit, his or her servant, or any other person of his or her family, to throw, place, leave, or deposit, the carcass of any dead ani- mal, or any carrion, j)utrid meat, fish, entrails, or other un- wholesome substance, in any square, avenue, street, or lane, or uj^on any lot within the city, or upon any other ground within the limits thereof, except such ground, or place, as shall from time to time be designated by the Mayor for such purpose ; and for every violation of this Section, the offender shall be subject, on conviction, to a fine of not more than twenty-five dollars for each and every offence. Art. 228. [Y.] It shall be unlawful for any owner or occupant of any store, house, stable, or other tenement, or of any lot, yard, or enclosure, in this city, to permit any of the substances, or things, mentioned in the last preceding Section, to be or remain in or upon said house, store, stable, or other tenement, or lot, or enclosure, or between the same and the centre of the street adjoining, upon the penalty |of not more than five dollars for each and every twenty-four hours during which the same shall be and remain thereon. See Sec. 51, Art. Ill, Title ^ IV, of the Charter. 54 Aet, 229. [VI.] Every owner or keeper of any animal^ which may die within the iimits of the city, shall forthwith remove, or cause to be removed, the dead carcass thereof to the place designated by the Mayor for such purpose, and there bury the same, or cause it to be done, at his or her own expense ; and for refusal or failure to comply with the pro- visions of this Section, each owner or keeper shall be sub- ject to a fine of not exceeding ten dollars. Art. 230. [YIL] E very person who shall discharge from his house, factory; or lot, into any avenue, street, or alley, in the limits of the city, any noisome or ofi'ensive liquid, or substance, prejudicial to the health of persons residing in or near such avenue, street, or alley, and every person keeping on his premises any hides, whether green or dry skins, or peltries, or any animal or vegetable matter that is generally ofi'ensive to the persons residing in the neighborhood, or deemed prejudicial to the health thereof, shall, for each and every offence, be subject, on conviction, to a fine of not ex- ceeding fifty dollars. SeeSe^ SS Aet, 231. [Vlll.j No steam-boiler manufactory, ma- lY ^of ^the shop, foundry, factory, brewery, distillery, soap fac- Charter. butchery, or sausage-making establishment, or any other establishment of similar kind whatever, shall be erect- ed, or continued in operation, within the corporate limits of the city, which shall, in the opinion of the City Council, be deemed a nuisance to the public, or to any person or persons residing within the vicinity thereof, under a penalty to be inflicted upon the owner or occupier of such establishment, of not exceeding one hnndred dollars per day for each and every day the said nuisance shall be continued after he or they shall be notified by the Mayor to discontinue or remove the same. Aet. 232. [IX. | Every owner, occui^ier, or lessee, of a Wharf, shall keep the docks or slips to the distance of thirty feet on either side of said wharf, from end to end, clear of logs, timber, bushes, sea weed, and every species of filth or obstruction whatever ; and every owner, lessee, or occupier, of any wharf, within the limits of the City of Galveston, w^ho shall fail or refuse to keep the docks free of all filth and ob- structions aforesaid, he, she, or they shall, for every viola- tion of the provisions of this Section, be subject to a fine of twenty dollars for each and every week he, she, or they shall continue to violate the same, by refusing or neglecting to clear the said docks or slips. See Sec. 41, Art. 233. [X.] Any vessel, boat, barge, or other water Art III, Title craft, which may be lying at or about the wharves or docks ly, ot the Qf which may at any time contain stagnant water, Charter impure or unwholesome condition, shall be, and 55 is hereby declared, a public nuisance, and that the owner, master, agent, or consigTiee, on being notified to that effect, shall immediately remove the said vessel, barge, boat, or other v/ater craft, to such place as maybe designated by the Mayor, there to be cleaned and purified, before the same shall again be suffered to be brought to the wharves and docks aforesaid ; and in case the said owner, master, agent, or consignee, shall refuse or neglect to remove any such ves- sel, boat, barge, or other water craft, being thereunto re- quired, as aforesaid, and within the time allowed therefor, he or she shall be liable to a fine of not more than twenty dollars for each and every twenty -four hours the same shall remain after the expiration of the time limited for the remo- val thereof; and the said refusal or neglect being continued for forty-eight hours, it may and shall be lawful for the Mayor, and it is hereby made his duty, to cause the same to be removed, at the charge expense and risk of the said owner, master, or consignee, of said vessel, the cost whereof being ascertained, shall be recovered by suit or action in any court of competent jurisdiction, in the corporate name of the city, against such owner, master, or consignee, as aforesaid. Art. 234. [XI.] The Mayor of the city is hereby author- ized to prevent and x^rohibit the introduction within the lim- its of the city, of any hides, peltry, coffee, suet, provisions, or any infected articles, which, in the judgment of the Phys- icians appointed by the Mayor to examine the same, may endanger the health of the city; and any x^erson or persons willingly or knowingly introducing into the city any of the said articles, contrary to the prohibition aforesaid, shall for- feit and pay for each such offence, a sum not exceeding fifty dollars ; and all such articles, whenever found within the limits of the city, and adjudged by the Physicians aforesaid to endanger the health of the city, shall be immediately re- moved without the limits of the city. Art. 235. [XII.] The fines, penalties, and forfeitures, contemplated and x^rovided by the preceding Sections of this Chapter, shall be recoverable before the Eecorder, or any Court of competent jurisdiction. Art. 236. [L] It shall not be lawful for any person to skin any dead animal that may die within the limits of the corpo- ration, or may drift on shore, without immediately burying, or in some other way destroying the carcass ; and any per- son so offending, shall be fined in a sum of not less than ten dollars for each offence, to be recovered as for breach of other Ordinances. Soe Art. II, Title VIII, of the Charter. Passed [May 3 , 1858 . ■ i 56 CHAPTEE XXIV. COMPENSATION OF OFFICERS. Approved Aro?. 237. [L] The following named officers shall receive Junes, 1871. compensation for services for the balance of the current See 31, municipal year, at the rate hereinafter named, and the same the Ch^’ter^^ be payable in monthly payments. The Chief of Police shall receive compensation at the rate of twenty-live hun dred dollars ($2500) per annum. The Superintendent of Streets shall receive compensation at the rate of twenty- five hundred dollars per annum, ($2500) per annum. The Eecorder shall receive compensation at the rate of eighteeen hundred dollars ($1800) per annum. The Harbor Master shall receive compensation at the rate of twelve hundred dollars ($1200) per annum. See Art. 12, Art. 238. [II.] The Assessor shall receive compensa- Title III, of tion for his services at the rate of one and one-half per cent, the Charter. pcj» cent, on the amount of taxes assessed, to be due and payable on the approval of his accounts. Art. 239. [HI.] The Chief of Police shall give bond and security in the sum of six thousand dollars ($6000), to be approved by the Mayor, and financial and revenue committee. See Art. X, The City Clerk shall receive compensation at the rate Title III, of of twenty -five hundred dollars ($2500) per annum, the Charter. The City Surveyor shall receive compensation at the rate of twelve hundred dollars per annum. See Art. 11, The City Treasurer shall receive compensation at the Title III, of rate of one thousand ($1000) per annum, the The City Collector shall receive compensation at the rate * Titfe in of one-half per cent. (1|^) on the amount of collection, the Charter. The Mayor shall receive compensation at the rate of four thousand ($4000) dollars per annum, for year commenc- ing June 1st, 1871. Aldermen shall receive compensation at the rate of seven dollars per meeting attended, for year commencing June 1st, 1871. See Art. 21, ART. 240. [IV.] TheCitySextonshallreceivecompen- Se Charter^^ follows, to-wit: For digging the grave and completing the burial of each person, three dollars, to be paid by the person ordering the grave to be dug, provided, that where persons are buried at the expense of the City, only two dollars shall be charged. For each weekly return of burials made by him to the City Clerk, he shall be paid fifty cents. Art. 241. [Y.] The following named officers shall receive compensation as follows, to-wit : The Deputy Chief of Police, one hundred and twenty-five dollars per month. 57 The Sergeant of Police, one hundred and ten dollars per month. Patrolmen^ ninety dollars per month. Detectives one hundred dollars per month. Chief of Fire Department, eight hundred dollars per annum. Fire Engineers, one hundred dollars per mont h. Stokers, eighty dollars per month. Engine House keepers, fifteen dollars per month. Hospital Physician, three hundred dollars per month. Health Physician, one hundred and fifty dollars per month. Health Inspectors, one hundred dollars each per month. CHAPTEP XXV. ORDINANCES. Article 242. [L] The enacting clause of all. Ordinan" Approved ces hereafter passed by the City Council shall be at the commencement of the first section, and shall be in form Amended following, that is to say ; ^^Be it ordained by the City x^^^ritie Council,^^ and the succeeding sections shall simply be num- x. ' bered, and the matter thereof commence thus : ^^Sec. — ’’ ‘^That, &c.,’^ omiting the usual formula, ^^Be it further or- dained.’^ And the same rule shall apply to resolutions hav- ing the force and effect of Ordinances, substituting the word resolved” for ordained” and subsequent clauses or sections shall be simply numbered, ordinary resolutions for the dispatch of business may commence with the simple form of Eesolved, That, &c.” Art. 243. |III.] Xo Ordinances shall be repealed by any general terms, such as ^^coming in conflict with,” ^^within the purview of” any subsequent Ordinance, but in aU cases the Oordinance or section of an Ordinance intended to be repealed, shall be specifically mentioned, and distinguished by the title and date of the same, and the number of the section. Art. 244. [iV.] Xo Ordinance shall be amended by reference to its title and date, and the number of the section, or by reterence to the subject matter only, but the particular section or sections designed to be amended, shall be re-or- dained at length incorporating the amendments. Art. 245. [Y.] Xo Ordinance or Eesolution which has been repealed shall be revived by implication, that is to say, if an Ordinance or Eesolution be passed, repealing a former Ordinance or Eesolution, the repeal of the second or repeal- 58 Approved Nov. 17, 1871, See Art. VIII, Title X, of the Char- ter. ing Ordinance or Eesoliition, shall in no case be construed to revive the first, unless there be express words in the last Ordinance or Eesolution for this purpose. Aut. 246. [VI.] Words used in Ordinances or Eesolii- tions in the past or present tense, shall also include the future ; the masculine gender shall include the feminine and neuter ; the singular number shall include the plural, and the plural the singular. The word person includes a corpor- ation as well as a natural person ; the term ^^writing’^ includes printing,or printed paper, or partly written, or partly printed. The term Council of itself, means the City Council, and words descriptive of acts, duties, and officers in general, refer to such acts, duties, or officers within or of the City of Galveston. Art. 247. [I.] All Ordinances of the City of Galveston heretofore passed, shall be revised and digested, codified and printed in pamphlet form, tor distribution among the officers of the city, and for sale. Art. 248. [II.] The Mayor shall, by and with the advice and consent of the the Council, appoint a competent person to make said revision and digest under the supervision of the Attorney for the city ; and the person so appointed and performing said work, shall receive a salary, while engaged therein, of two hundred and fifty dollars per month, not to exceed two months. Art. 249. [III.] The plan of said digest shall be alpha- betical, and separate chapters for each subject, and shall have a marginal reference for the date of passage and approval of each Ordinance in force passed on any one sub- ject. Art. 250. [IV.] Each chapter as prepared by the com- piler, shall be submitted to the next regnlar meeting of the Council after the same is finished, for the action of the Council thereon, and on approval by the Council, shall be printed in book form ; and when the digest is finished, the whole work shall be bound in boards neatly, and deposited with the City Clerk for distribution. Each officer shall receipt for a copy when delivered to him, and shall retnrn the same to the Clerk when said officer shall vacate his office, by expiration of term, removal or otherwise. Art. 251. [V.[ The necessary stationery for the prose- cution of the work authorized by this Ordinance, shall be furnished to the compiler, by the City Clerk, on his requisi- tion, and shall be paid for out of any existing appropriations for stationery. 59 CHAPTEE XXYT. CONCEENING PETROLEUM OTL AND INFLAMMABLE COM- MODITIES. Artticle 252. fl.J It shall be unlawful, except as Approved provided for in this ordinance, for any person or persons, Dec. 5, 1871. in his or their own right, or in behalf of another, to store, or keep for manufacture, refine or mix, or to cause, permit or suffer to be stored or kept, manufactured, refined or mixed, within the corporate limits of the city of Galveston, in any warehouse, building, tenement, or in any yard or street, or on the sidewalks thereof, or in any one locality in said city, in a quantity exceeding four barrels, or twenty cans of five gallons each, any camphene, dangerous, inflamable or burning fluidc or any product by distillation of coal, i)etroleum or rock oil, aspbaltum or shale of peat, known under the various names of naptha, kerosene, benzine or benzole, or any inflammable oils of any kind or nature whatsoever. Art. 253. [II.J Any person or persons, desiring to See Secs. 4 store or keep for sale, or otherwise, or to manufacture, refine or mix, in any one locality within the corporate limits of the city, any of the fluids, products, oils, or any of the other commodities or articles mentioned and set forth in the first section of this ordinance in a quantity exceeding two barrels, or forty gallons, shall cause the building, premises or locality in which said fluids, products, oils or other commodities or articles are designated to be stored, kept, sold, manufactured, refined, mixed or otherwise used or disclosed of, to be actually surveyed and inspected by the Chief Engineer of the Eire Department, and shall obtain from such inspecting officer his certiffcate to the effect that the building, premises or locality, by him actually inspected and specifically described in the certificate, has and contains suitable iron tanks, levees, excavations, or earth embank- ments, to prevent the overflow or escape of any of the fluids, products, oils, or commodities referred to in this ordinance, and that the contemplated use of the inspected premises will not endanger the ajoining or other premises, in the event of accident or fire. Art. 254. [III.J Certificate of survey and inspection referred to in the second section of this ordinance, shall be returned to the Mayor ; and upon his approval thereof, the Mayor is hereby authorized to issue a certificate, in which shall be expressed the name of the person or persons to whom the said certificate is granted, and whether he or they are permited to store and keej) for sale, or otherwise, or to manufacture, refine or mix any of the articles or commodi- 60 ties embraced by this ordinance, or all of them, or both, together with a description of the locality, building or part of the specified building; and in said certificate shall also be expressed any limitation upon the quantity of such articles, or any of them, which may be stored, kept, manu- factured, refined or mixed, and upon the manner of manufac turing, refining, mixing, storing, or keeping the same, which the Mayor may in any case see fit to impose; and any person so licensed may store or keep, or manufacture, refine or mix said articles, or any of them, within the terms of his certificate, either on his own account or on the account of any other person. Aut. 255. [IV.] Every person or persons, holding the certificate aforesaid shall be compelled to have the same hung in some open and convenient sx)ot, at the place where the business covered b}^ the said certificate is carried on, so that the same may at any time during business hours be seen and inspected ; and every person holding such certifi- cate shall permit any member of the police force, the Chief Engineer of the Fire Department, or any person or persons designated by the Mayor, to enter the premises described in the certificate and make such examination, and take such samples as may be deemed expedient by such party. Art. 256. [V.] Ho cerificate shall be|granted for manu- facturing, refining, mixing, storing or keeping said articles, or any of them, upon any alley, street, sidewalk or wharf, within the corporate limits of the city, nor in any part of a building occupied in w^hole or in part as a dwelling house^ nor upon the floor of any building above the first floor. Art. 257. [VI.] Any and every person, who shall be guilty of a violation of this ordinance, shall be subject to the payment of a fine, not to exceed one hundred dollars for each and every contravention, and to imprisonment for a period not to exceed one month. Art. 258. [VII.] And every such person who shall be guilty of a violation of this ordinance, as hereinbefore set forth, and shall continue in such contravention for four and twenty hours, shall be considered as guilty of a further violation of the ordinance, and shall be subject to the payment of a fine and punishment, hereinabove set forth^ for each and every twenty-four hours during which the ordinance is violated or contravened. 61 CHAPTEE XXVII. POLICE REOULATIONS. Article 259. [Y.j It shall be the duty of the Police- Approved men of the City to be obedient to the orders and directions Oct. 8, 1856. of the Mayor, communicated to them through the Chief of g^ Police, or in person, or delivered in writing, and to keep a Art. Ill, Title faithful watch and ward in the Districts which may be as- IV, of the signed them ; and it shall further be the duty of each of Ch^ter. them, upon the discovery of fire, to give the alarm thereof immediately, and to ring the alarm bell at the Market House ; and it shall further be the duty of said Policemen, and each and every one of them, to apprehend and detain all offen- ders against the peace, and aU persons who may obstruct and endanger them, or any of them, in the execution of their office, or who shall be guilty of any disorderly conduct, or shall be engaged in any riots, unlawful assemblage, out- cries, noises, or other disturbances whatsoever, or who shall aid, abet, or assist others in the commission of either of said offences ; and for this purpose the said Policemen, and either of them, are authorized to enter any dwelling-house, store, grocery, or other building, where any person may take re- fuge, or be, who have, during the night, in their presence, or hearing, committed any felony, or breach of the peace, or where any felony or breach of the i 3 eace is about to be com- mitted, or where any noise, or alarm, outcry, or disturbance shall be made in like manner, as the Mayor, Aldermen, Po- licemen, Constables, and other Peace Officers, are author- ized by law. Art. 260. [I.] It shall be unlav^^il for any person or Approved persons to obstruct, prevent, or interfere with, or to attempt to obstruct, prevent, or interfere with, the Chief of Police, or other Police Officer, in the lawful discharge of his duty, within the limits of the City of Galveston ; and any person or persons convicted of so offending, shall be fined in a sum of not exceeding one hundred dollars, and not less than ten dollars, for each and every offence, to be recovered before the Mayor or Eecorder of said city, and shall also be liable to a further jienalty of not exceeding fifteen days imprison- ment. Art. 261. [IV.] The Chief of Police shall assign to each Approved Policeman his round and duty, and may order any of them to render service in any Ward wherever, in his opinion, the occasion shall require it 5 he shall report monthly to the Council the time actually served by each Policeman, the time absent, and such other information as he deems proper, or as may from time to time be required by the Council. He shall also see that the Policeman are provided with the pro- per arms and equipments, which the emergency shall require. Approved Oct. 18, 1869. Approved Nov. 7, 1871. Approved Jan. 8, 1857. and that 1 hey perform their duties, and shall report every failure promptly to the Mayor, whose orders as to Police service, he shall, as far as practicable, cause to be faithfully executed. Art. 262. [L] Whenever any penalty or fine is imposed for a violation of an Ordinance in this city, it shall be the duty of the Chief of Police to cause the same to be enforced. Art. 263. [I.] It shall be unlawful tor any person, or resident of Galveston, to make use of or blow a whistle sim- ilar to that used by the City Police, (with a pea in the end of it,) and that any person or persons caught in the act, shall be fined not less than five dollars ($5) nor more than one hundred dollars ($100). CHAPTEE XXVIII. PORT WARDENS. Article 264. [I.] The Mayor, with the approval of a majority of the City Council, at their first annual meeting, or as soon thereafter as possible, shall appoint two Port Wardens, who shall hold their offices for one year, and until their successors shall have qualified. Art. 265. [I.j The Port Wardens shall, before they enter upon their duties, take and subscribe to an oath, before the Mayor, or any Justice of the Peace, resident in the city, well and truly, and faithfully, to perform and discharge the du- ties of their office, to the best of their several and respective skill and abilities. Art. 266. [II.] It shall be the duty of the Port Wardens of this Port to attend prom^^tly to all cases of surveys of vessels in distress, wrecked, or partially wrecked, to survey hatches, storage, vessels partially or wholly wrecked, and for the security of the parties concerned, to make return to the office of the Port Wardens of all such surveys, estimates of damage, estimates of the cost of repairs, anersoiis, to keep the peace, and be of good behavior, for a reasonable time, not exceeding twelve calendar months ; and, moreover, to indemnify tise said city against any charge for his, her or their support ; and in case of refusal or inability to give such security, the person or persons so refusing, or found un- able, shall be committed to some place of confinement for a limited time, not exceeding fifteen days, according to the nature of the offence, unless the security required be sooner given ; Provided, that the security required shall, in no case, exceed five hundred dollars. Aut. 288. [X.] That the Eecorder shall appoint the Chief of Police, or some other suitable or competent person or persons, keepers of the persons committed to custody under the provisions of the preceding section, whose duty it shall be to take the persons so confined .from the place of confinement, and put them to labor in such place and man- ner as the City Council may direct, for the benefit of the city. Provided, that the said prisoners shall be daily returned from their labor to the place of confinement at or before sundown, and provided also that the Chief of Police or other keeper or keepers of the said prisoners, shall furnish them with a sufficient supply of good and wholesome provis- ions at the charge and expense ot the city. See Sec. 46, Art. 289. [XI.] It shall be unlawful for any person or Art. Ill, Title persons to keep a bawdy house or house of ill-fame, or any pTi house which persons may frequent for the purpose of pros- lar ei . titution, anywhere within that portion of the city situated and included between Seventh and Thirty-first streets, and Avenues A and M, and any and every person offending against the provisions of this section shall, on conviction thereof, be fined in the sura of not exceeding one hundred dollars, and if the same be not paid, shall be imprisoned for fifteen days. 69 x\.RT. 290. fXIL] Any person or persoiJS who shall rent or hire any house, tenement, or x^remises to be used as a bawdy house, assignation house, or for the purposes of prostitution, or shall rent any house, tenement, or premises to a prostitute, bawd, or i^erson of ill-fame, or generally known to be of such character, shall on conviction thereof, be lined m a sum of not exceeding one hundred dollars for each and every offence. Akt. 291. [XIY.J No i)ersou or |)ersons shall be ]}eT- mitted to give a public ball or keei3 a dance house within the city of Galveston, unless he, she or they shall first obtain from the Mayor a permit; and any person or persons who shall give any such public ball or keei3 a dance house without first having so obtained a "permit for that x>urpose, shall be liable to x>ay a fine of not less than ten, nor more than fifty dollars, provided, however, that no permit shall be given for more than one ball, and shad also specify the time and x^lace of holding the same. Art. 292. [XY.] It shall be tlie duty of any person or Ae amend- X)ersons keex^ing any x^ublic dance house, or giving any |3ublic ball, to have the Chief of Police, or two Policemen designated by him, in attendance at all such balls or dances for the x>urpose of enforcing order, for which service the said Policeman in attendance shall be authorized to receive from tlie prox>rietors thereof the sum of five dollars each, and any x>^i'son or persons failing to comply with the |3rovisions of this section, unless as hereinafter x^rovided, shall be fined in a sum of not less than ten, nor more than fifty dollars for each and every offence ; x^rovided, however, that if when obtaining a license from the Mayor of the city, the permit required by section 14 of this ordinance, the X)rox3rietor of said dance house, or giver or givers of said ball, shall file with the Mayor a bond with two or more sureties, to be ax^proved by him, x^nyable to the city of Galveston, in the sum of one hundred dollars, conditioned that the said dance or ball shall be conducted in an orderly manner, that the public peace shall be preserved, then the attendance of said two policemen shall be dispensed with. Art. 293. [XYI.] Should any riot or disturbance of good order take x^lace at any such ball or dance, unless it be immediately suppressed, it shall be the duty of the officers in attendance to cause the same to be closed forth v/ith, and any x^rox3rietor or proprietors of any public ball or dance house, failing or refusing to comply with the provisions of this section, shall be liable to a fine of not less than ten, nor more than fifty dollars. 70 CHAFTEE XXXI. PUBLIC SQUARES — CONCERNING BLOCKS 310 AND 320. Approver! ARTICLE 294. [I.] The Sux)eriiitendeiit of Streets be Nov. 21, 1871. he is hereby authorized and directed to cause Block 310, of the Oity of Galveston, to be enclosed with a rough board fence, and plant Block Xo. 310 and Block Xo. 320 with trees and shrubbery. Sec. 1 , Art. Art. 29o. [II.] The sum of Oiie Thousand Dollars (Five HI, Ticie IV, Hundred Dollars for each Block), or so much thereof as may oi thG Char- necessary, be and is hereby appropriated to defray the exxiense of the enclosure and planting herein authorized, and that the Mayor shall, on the approval of the Superin- tendent of Streets, issue his warrant for the same, payable out of any funds in the treasury not otherwise appropriated. CHAFTEE XXXII. QUARANTINE. Articue 296. |L] All vessels arriving within the Bay Galveston from any ports or jdaces beyond the limits of 184K ' State of Texas, are hereby declared to be subject to See Sec. 15, such Quarantine regulations as are hereby xirescribed by this Art. HI, Title Ordinance. lI’TiCeVHl Art. 297. fll.] The Quarantine anchorage shall be of’ tbe^^Char- abreast of Mesquite Island, and all vessels subject to Quax- tor. antine shall immediately upon their arrival Irom sea, pro- See state ceed to and be anchored at the place assigned for Quaran- Laws of 1870 Hne, and shall there remain with their officers, passengers, 0 crew, during the time of their Quarantine ; to be pre- luc. by the Health Officer, but not in any case to exceed twenty days ; Frovided, that when Quarantine shall have been declared by the Governor of the State of Texas, said vessels shall remain at the Quarantine anchorage for the term that may be prescribed by the Governor in his procla- mation establishing Quarantine. Art. 298. [III.] The Health Officer to be appointed by the Mayor with the approval of a majority of the City Coun- cil, under the provisions of this Ordinance, shall board every vessel subject to Quarantine, immediately on her arrival, and make strict inquiry into the health of the crew and passengers, and into the state and condition of the vessel and cargo. And in the discharge of his duty he may put all such questions to the persons on board, as he shall judge necessary and x>roper, to enable him to ascertain the condi- tion of the vessel and the Quarantine to which she ought to be subjected. And the persons to whom such questions 71 shall be put, shall, if required, answer the same under oath, which the Health Officer is hereby authorized to administer. And the Health Officer shall make a report to the Mayor containing* all such information as may be necessary to en- able him to determine what measures in relation to vessels and passengers ought to be adopted, and to prevent and punish violations of the provisions of this Ordinance. Akt.. 299. I IV.] When the period of Quarantine pre- scribed for any vessel has expired, if the Health Officer shall judge the vessel and cargo free from infection, he shall relieve the vessel from Quarantine, but no vessel shall be allowed to remove from the Quarantine ground without a. written permit from the Health Officer. Art. 300. [V.] Ho lighter or other vessel shall be em- plo^'ed to unload vessels at the Quarantine, or to remove any of the passengers or crew therefrom without the per- mission of the Health Officer, when they may* be subject to such restrictions as may be imposed by the Health Officer ; Provided, that all mails may be landed at the earliest period deemed safe by the Health Officer. Art. 301. fVI.] The master or other officer in command, or clerk of every vessel arriving at the Quarantine ground, shall make a report in Avriting to the Health Officer, of the name, age and last legal residence of every x^assenger or hand on board of such vessel ; and no such hand or pas- senger shall be allowed to leave the vessel without the written permission of the Health Officer. Art. 302. fVIII.] The master, owner or' consignee, of every vessel subject to Quarandne, shall forthwith, upon the requisition of, and under the direction of the Health Officer, cause such vessel, her cargo and clothing to be puri- fied ; and shall cause such vessel to be fumigated with mineral acid gas, when required by the Health Officer. Art. 303. [IX.] The Health Officer, if he shall judge it necessary to x^revent infection or contagion, may cause any bedding or clothing on board a vessel, subject to Quarantine, or any portion of her cargo, that he may deem infected, to be destroyed. Art. 304. [X.] Every master of a vessel who shall either give false information relative to the condition of his vessel, crew, passengers or cargo, or refuse to give such information as shall be lawfully required, or who shall land any person from his vessel, or unload, or tranship any por- tion of his cargo, before his vessel shall have been visited or examined by the Health Officer, shall be guilty of a mis- demeanor and for each offence shall be fined in a sum not exceeding one hundred dollars, ($100.) 72 Art. 305. [XI.] Eveiy pension who shall willingly or knowingly oppose or obstruct the Health Officer in performing the duties required of him in this Ordinance, shall be guilty of a misdemeanor 5 the fine for each offence not to exceed one hundred dollars ($100,) nor the imprisonment fifteen days. Art. 306. [XII.] Every master of a vessel subject to Qiiarntine, arriving in the bay from sea, or who shall refuse or neglect, either 1st, To proceed with and anchor his vessel at the place assigned for Quarantine at the time of his arrival. 2d, To submit his vessel, cargo ana passengers, to the examination of the Health Officer, and to furnisli all necessary information to enable that officer to determine at what length of Quarantine and otlier regulations they ought respectively to be subject. 3rd, To remain with his vessel at Quarantiee during the period assigned for her Quarantine, ^id whilst at Quarantine to comxfiy v/ith the directions and regulations of this Ordinance, and with such orders as the Health Officer, by viitue of this Ordinance may gwe, shall be liable to a fine of one hundred dollars, or fifteen days imprisonment ; and every other person obstruct- ing said officer in the discharge of his duty, shall be liable to a like penalty. Art. 307. [XIII ] Whenever any fine shall be imposed by the provisions of this act, the person or persons so con- victed to pay such fine, shall, in the discretion of the Mayor, stand committed until such fine be paid, or the person or X>ersons so offending, shall be discharged from such impris- onment by due course of law. Art. 308. [XV.] Any pilot who shall bring a vessel from any port or place in the United States, beyond the limits ol Texas, with any passenger or passengers on board nearer to the city than the Quarantine ground, withont the officers, owners or consignees of such vessels, complying with the. provisions of this Ordinance, shall be liable to a fine of one hundred dollars, to be collected as other fines. CHAPTEE XXXIII. SANITARY REaiJLATlONS. Approved ARTICLE 309. [I.] The City Council, whenever in their Jan. 22 , 1857. opinion it shall become necessary, shall appoint an officer See Art. I, in each ward, who shall be styled Health Inspector for said of ward, whose duty it shall be, 1st To ascertain every ec arter. which may exist in his district, and forthwith to report the same to the Mayor in writing. 2nd, To enter upon the premises and into the house of every person in his 73 district as often as he may deem necessary, or the Council may order, and to examine into the health and number of persons inhabiting the house, and the cleanliness of the premises, inspecting the vaults, privies &c., on such prem- ises ; and 3d., Execute such orders and resolutions of the Council as may be made upon the subject of the public health, and in such, manner as they may direct. Aut. 310. [II.] Said appointments shall continue only during the pleasure of the Council, and the compensation to be paid for the performance of the duties shall be fixed by resolution of the Council at the time appointments shall be made. Aut. 311. [III.] The keeper or proprietor, of any hotel. See Art. Il, tavern, boarding house, or inn, in which any inmate thereof shall be sick with small-pox, varioloid, yellow fever, or charter^ other infectious or pestilential disease, shall, upon such fact coming to his knowledge, forthwith report the same to the Health Physician 5 and his or her neglect or refusal so to do, shall subject every person so neglecting or refusing to a penalty of fifty dollars for each and every offence. Art. 312. [l.| The Health Physician shall have power Approved to order and enforce the drainage and filling up of any lot, grounds, yards or any other place in the city, whose condi- tion he may deem to be unwholesome or liable to become so. Aut. 313. [II.] To cause all premises or buildings, of every description whatever, to be inspected, cleansed and disinfected. Art. 314. [III.] To determine the construction, re- pairing, altering and removal of all privies, vaults and sinks ; and the material to be used in their construction ; and to the cleansing and disinfection of the same ; and shall issue such orders, and establish such rules and regulations as may be necessary to collect and remove the garbage and refuse of every description, the existence of which he may deem detrimental to health or comfort. Art. 315. [IV.] To the removal or isolation of any person. See Arts. 1 , matter or thing, which is, or in his opinion may become, and dangerous to health or life, and in general to the abatement ’^e^^char- and removal of all nuisances. The word nuisance or ter. nuisances, in this Ordinance, shall be taken to mean any- thing whatever that may affect the health, comfort or morals of the people of the city of Galveston. Art. 316. [Y.] To establish such rules and regulations as he may think needful for ascertaining the number of marriages and births, deaths and burials, and for the disinterment and removal of dead bodies, within the limits of the City of Galveston. 74 Art. 317. [VI.] To issue, from time to tiuie, such gene- ral and special rules, regulations and orders, (in harmony with the provisions and purposes of this Ordinance, and not inconsistent with the Constitution and Laws of this State.) and may alter, amend or rescind the same, as to him may seem necessary. Art. 318. [VILJ Any person, corporation, companj^ or body who shall violate or resist, or fail to comply with any order, rule or regulation issued by the Health Physician, under the authority of this Ordinance, or under the author- ity of the Sanitary Eegulations of the City Charter, em- braced in sections 1, 2, 3, 4, 5, 6, 7, 8 and 9, under Article 8, shall be liable to a fine of not less than $5 or more than $15, or to imprisonment in the county jail for not less than five days or more than ten days, or shall work on the public highways of the City of Oalveston for not less than three days or more than six days ; and for any failure to comply with any rule, regulation or order, when a particular time ' is specified for its execution, shall be liable to a fine of not less than $5 or more than $15 for every day such failure of compliance shall continue. Art 319. [Vlll.j Whenever it may be necessary to use any force to secure the observance and execution of any rule, regulation or order issued by the Health Physician, » under the authority of this Ordinance or of the City Charter, it shall be the duty of the Chief of Police to detail the necessary men and execute the same, upon a requisition made by the Health Physician, and approved by the Mayor of the City of Galveston. Art. 320. [IX.] All expenses incurred by the Health Physician, or any one acting under his authority, as well as all fines and penalties imposed under the authority of this Ordinance, or of the City Charter, shall be a first and priv- ileged lien upon the real j)roperty upon which, or on account of which, the expenses was incurred or the ijenalty imposed, for the collection of which, suit may be brought in the name of the City of Galveston, and recovery had, with costs, and 10 per cent, interest, before any court having jurisdiction in civil actions ; and a statement of said expense, certified by the Health Physician, and approved by the Mayor, or a copy thereof, shall be deemed ample and sufficient proof before such court. Approved Art. 321. [I.] Be it ordained by the City Council of July 18, 1871. the City of Galveston, That every lot, or parcel of ground See Art. 8, upon which any pool of stagnant w ater has accumulated, or Title VIII, of is likely to accumulate, or which in other respects may have the Charter. ^ tendency to engender disease, shall be deemed and is hereby declared a pubhc nuisance ; and the owner or owners, lessee or lessees of such lot or parcel of ground, upon being notified, in writing, by the Mayor or Health Officer, shall fill up the same with sand or earth, and cleanse or purify the same, or cause it to be done, in such mode and manner, and within such space of time as may be limited and desig- nated in such notice 5 and in filling up said lot or parcel of ground shall conform to such grade as the City Council shall establish, to the satisfaction ot the Health Officer of the City. Art. 322. [II.J That it shall be the duty of the Health Officer to inspect, or cause to be inspected, within twenty days after this Ordinance takes efiect, all houses in the City of Galveston ; and if he shall find stagnant water under any house within said limits, he shall notify the owner or agent, or lessee or tenant, to fill up the space capable of holding water, to such height as he may designate, within such time as he may appoint; and, if he deem it necessary, shall re<|uire any such house to be raised, so that there will be at least two feet of space between the earth surtace when filled up, and the joists of the lower floor of the house, for venti- lation. Akt. 323. I III.] That it shall be the duty of the Health Officer in making his inspection, to take notice ot any 1111 cleanliness about aiiy premises that is likely to engender dis- ease, and to cause the same to be promptly removed or puri- fied, in such manner as he may order ; the said cleansing or removal shall be done by the owner or tenant of the premises, within such time and in such manner as the Health Officer shall designate. Art. 324. [lY.] All notices, required by the preceding sections shall be in writing, and may be served by the Health Officer, or, under his direction, by the Police of the City, upon the owner, or agent of the owner, or the tenant of the premises offending, if resident in the city ; but if the premises be unoccupied, and the owner is a non-resident, and has no resident agent, then notice shall bo served by posting a written notice on the premises, and in case the owner, or agent of the owner, or tenant, shall fail or refuse to fill up, raise, cleanse or x)urify said premises, after being duly noti- fied, and required, as aforesaid, in the manner and within the time limited and appointed therefor, he, she or they shall be liable to a fine of twenty dollars for each and every day the said premises shall remain in its noxious condition after the time limited for the filling up, cleansing or purifi- cation thereof. Art. 325. [Y.j On the expiration of forty-eight hours, after the time limited in the notice, the same not having been complied with, or only partially complied with, the 76 Health OfiScer shall notify the Street Commissioner to pro- ceed and do the work required by said notice ; and the Street Commissioner shall immediately engage and put to work sufficient force of men and teams to do said work^ keeping an exact account of the cost of the same, which account,, with his affidavit of the correctness and justness of the same, he shall file in the office of the City Clerk, who shall record the same in a book kept for that purpose. The said account shall state the location of the premises, the number of the lot and block, and the owner^s name, if known ; the amount of work, and the nature thereof done, and the exact cost thereof, which sum shall be charged against the owner and the premises ; if the owner be unknown, against the premises only. Art. 326. [VI.] It shall be the duty of the Mayor to file a copy of said account, certified to by him, as a state- ment of said expense, vdth the Clerk of the District Court for the County of Galveston, for record, and deliver the account to the attorney employed by the city for collection. CHAPTEE XXXIV. PUBLIC SCALES. Approved ARTICLE 327. [I.] Charles Lemmerman be, and he is Jan. 16, 1871. hereby granted, the privilege of putting down a large Scale See Sec. 24, on 20tli Street, half way between the fish market and Strand, Ill, Title centre of 20th street ; Provided, that the structure Charter ^ ^ enclosed SO as to provide for the safety of citizens and others passing the same. Said Scale to be removed at any time when the Board of Aldermen shall so determine, at the expense of the owner. He shall at all times be in readi- ness to weigh live stock or anything else that may offer, and charge a reasonable iirice for the same. The said Council shall have xiower at any time to fix the scale of prices for weighing, not to exceed one dollar, nor less than fifty cents per draft. CHAPTEE XXXV. SLAUGHTER HOUSES AND YARDS. Approved ARTICLE 328. [L] Slaughter House, or Slaughter Yard, Jn: e27, 1671 or ground or premises used for slaughtering purposes, shall S«e Sec. 22, not be keptor allowed within the city limits of the City of Gal- A^’t^iii^T tf ’ veston, nor shaU there be any fresh meat brought within the lY the limits of Galveston, for the purpose of sale, and kex^t Chart^n over night in said city, unless the same be deposited in a regular established market house ; nor shall any person be allowed to kill, butcher or slaughter any beef, veal, hog, sheep or goat within the corporated limits of the City of Galveston. Every person ohending or violating either of the foregoing provisions, shall be fined in the sum of twenty- five dollars for each and every such offence, also the sum of twenty-five dollars for every day so offending. AuT. 329. [L] ISTo Slaughter House, Slaughter Pen, Approved Slaughter Yard, ground or premises, or other slaughtering 5, 1871. establishment, shall be used within the limits of the City of Galveston, in the slaughtering of any beef, calf or other horned cattle, or in the slaughtering of any hog, sheep or goat ; and that all such houses, pens, yards, grounds, prem- ises and establishments that may be so used, within said limits, are hereby declared to be nuisances. Art. 330. [H.] That no person shall exercise, or carry See Sec. 35, on, within the limits of the City of Galveston, any occupa- 36, 37, 38 and tion, trade or business that creates any stench or smell oifensive to the senses, which either makes the air unw hole- charter^ some, or renders the enjoyment of life and property in the neighborhood uncomfortable } and the exercise or carrying on, within said limits, every such occupation, trade or busi- ness, and the houses and establishments in which said occupation, trade or business shall be so exercised or carried on, are hereby declared to be nuisances. Art. 331. [III.] That each and every day, or part of a day, any slaughter house, slaughter pen, slaughter yard, ground or premises, or slaughtering establishment, may be used for any of the purposes prohibited by the first section of this Ordinance, and that each and every day, or part of a day, any occupation, trade or business prohibited by the second section of this Ordinance, may be exercised or carried on, shall be adjudged a separate offence, and shall be pun- ished accordingly. ART. 332. [IV.] That if any person shall be found guilty of a violation of any of the jmeceding sections of this Ordinance, the person so offending shall be fined in any sum not less than twenty dollars, nor more than two hundred dollars ; and in default of payment, execution shall be issued therefor against his goods, chattels and real estate, and he may also be committed to jail, for any time not to exceed forty days, at the discretion of the court. Art. 333. [Y.] That when any house, pen or establish- ment, mentioned in any of the preceding sections of this Ordinance, shall be found to be a nuisance, the Eecorder shall issue a writ to the Chief of Police, ordering him to abate the same. 78 CHAPTEE XXXYI. SHOWS, CIRCUSES AND OTHER EXHIBITIONS. Approveti ARTICLE 334. [III. | Every person who shall keep or Feb. 9, 1859. exhibit any circus or equestrian performance, menagerie or any exhibition of animals, or other like exhibition, shall Sec. 16. employ not less than three of the City Police for the purpose TTT^u"] ‘^^^ch exhibitions, and to preserve order and onheCbarUr^ therein, and shall pay to each not less than two dollars for each exhibition, and admit such oliicers tree of charge; and a refusal or neglect so to do shall work a forfeiture of the license to exhibit, and subject such person to a line of not less than twenty-five dollars for each exhibition. Art. 335. [lY.] It shall be the duty of the Chief of Police, when applied to for that purpose, to designate three of the Police officers so to attend said exhibitioiis, whose duty it shall be to attena such exhibitions and to ])reserve quiet and good order at the same. CHAPTER XXXYII. STREETS, SIDE-WAIJCS AND ALLEYB, Approved ARTICLE 336. [I.J All Streets, avenues and alleys and Jan. 31, 1862. side- walks in the City of Galveston, running in a south and As amend- north direction, and lying between Tenth and Forty-first ed June 20, streets, as laid down and designated on the map of said City, 1866. p hereby extended and opened to the channel of Galves- ton Bay, which runs along the northern front ot said City, and each of said streets, avenues, alleys and side- walks is hereby made and declared to be an open and public high- way throughout its extent to said channel, running in the same line of direction, and of the same width including the side-walks, as said streets, avenues and alleys, and said walks now are. Art. 337. |II.] It shall not be lawful for any person or persons, company or association, under any pretext what- ever, to encumber any or either of said streets, avenues, alleys or side-walks, by building, constructing or initting up, or causing to be built, constructed or put up, any fence, building, wharf, Teehead or other obstruction, of whatever kind, and any person or persons, company or association, offending against any or either of the provisions of this Ordinance, and any and all persrns who shall aid and assist in so offending, shall be fined in a sum not less than fifty dollars, to be recovered before the Mayor or Recorder of said 79 <3ity, and shall also be liable to be imprisoned for not exceeding fifteen days ; and any person or persons^ company or association so offending as aforesaid, shall also be liable to a further penalty of not less than tvventy-five dollars, nor exceeding one hundred dollars, for each and every day any such fence, building, wharf, Teehead or other obstructions, of whatever kind, shall continue in any or either of said streets, avenues, alleys or side-walks of said City. It shall be the duty of the Mayor to cause all obstruc- tions to be removed, which are now, or may hereafter be erected or placed in any or either of said streets, avenues, alleys or side-walks, as extended and defined by this Ordinance, without authority from the corx>orate authorities of said City ; and should the Mayor deem it necessary, he shall order the Chief of Police, or other qualified officer, to proceed with a sufficient force to remove said obstructions, and such Chief of Police or other qualified officer, as afore- said is hereby fully authorized and empowered to summon such force as he may deem necessary to enforce the pro- visions of this Ordinance, and remove and abolish said obstructions. Art. 338. [L] It shall not be lawful for any person to See Title IX erect any building or fence on the side-walks, or on the ^1^® Char- alleys or streets of said city ; and any building or fence which may be so placed as to encroach on any street or side- walk in said city, shall be deemed a nuisance and shall be removed to the proper line of the street ; and a neglect or refusal to alter or remove any house, building or fence, shall subject the offender or offenders to a penalty of ten dollars for every day such nuisance shall continue. Art. 339. [II.] The side-walks of the said City of Gal- See Sec. 14 , veston shall be sixteen feet wide, and it shall not be lawful III, Title for any person or persons to obstruct or encumber the same in any manner whatever, by goods, wares or merchandise of any kind; and merchants, shopkeepers and other persons are required to remove goods, wares and all other objects which might obstruct or encumber the side-walks, into their houses, yards or other places, under a penalty of five dollars for every day such obstruction or encumbrance shall exist. Art. 340. [III.] ^lo gallery, balcony or other projection, affixed to, or forming a part of any house or other building, shall be made to extend over any side-walk more than four feet, nor at a less height than ten feet above the side-walk; and all such as may be otherwise constructed, shall be deemed an encroachment upon the side- walk and a nuisance, and the person who caused the same to be constructed shall incur a penalty of twenty dollars, and the gallery, balcony or other projection shall be removed or altered, in conformity 80 with the provisions of this Ordinance ; any neglect or refusal to alter or remove such nuisance shall subject such person or persons thus offending^ to a penalty of five dollars per day during the continuance of such nuisance. See Sec. 14, Art. 341. [lYf] Every owner or occupant of a house? Ill, Title within the limits of the city, shall have the privilege of Charter. extending an awning from said house over the side- walk, provided the said awning be extended to the curbing of said side- walk ; and shall also have the privilege of extend- ing a wooden shed from such house, provided the same be extended as far as the curbing of the side- walk ; the pillars or posts supporting the same, being morticed, or let into the curbing, and seven feet apart ; and provided, further, that said shed shall be eight feet from the curbs of the side- walk to the eaves thereof, and next the house ten feet from the ground to the top, and said shed shall be kept at all times neatly painted ; Provided; further, that within the As amend- prescribed fire limits, such awning or sheds over the side- ed March 7, walks, shall be built or erected on iron columns, and the 1870. roof and other necessary wood work to be covered with fire- proof material. And any person or persons, who may have heretofore erected, or who shail hereafter erect, an awning or shed, from his, her or their houses, contrary to the pro- visions of this section, shall be compelled to remove the same, and shall be notified so to do by the Chief of Police, within a certain time to be appointed in such notice. And every person refusing or neglecting to remove such shed within the time limited as aforesaid, shall be subject after the expiration thereof, to a fine of not more than twenty (20) dollars for each and every day the said shed shall be con- tinued. Art. 342. [V.] No trees shall be planted in the streets, nor shall any posts be placed for an awning or other pur- poses in the streets, except tfie same be planted or placed on the outside* of the side- walks, and on a line with the same, under a fine of twenty dollars against the olfenders, for each offence against the provisions of this section. Art. 343. [VL] It shall not be lawful for any person in building or repairing any house, store or fence, to lay or place bricks, boards or timber, or other materials for build- ing, in the streets, in such manner as to occupy more than one-third part of any street, or in any manner so as to ob- struct the side-walks, (necessary posts to support scaffolds for workmen, excepted.) And any person or persons so offending against the provisions of this section of this Ordi- nance, shall be subject to a fine of five dollars, for every day^s continuance of such obstruction after being notified to re- move the same. 81 Akt, 344. fX.] No person whatever, on an}^ pretence, shall cut any ditch, or shall build or place any barrier or way of earth and shells, or of any other material, across any of the public streets or alleys of this city, so as to impede or obstruct the drainage thereof, unless permission so to do be especially granted by the Mayor, who may grant such permission only when it may appear to be for the benefit of the section of the town where the said ditch is to be cut, or the said barrier or way is to be constructed; and any person offending against the provisions of this section shall be fined not exceeding one hundred dollars. Art. 345. fXI.J It shall not be lawful for any person or persons to encumber any street or side-walk within the limits of the city, with cotton, lumber, fire- wood, carts, drays, wagons or other articles; and any person or persons so offending shall incur a penalty of five dollars for every day^s continuance of such obstruction. Art. 346. [XII. ] Whenever any article may be found obstructing or encumbering the streets or side-walks, and the owner or owners, or claimants of such articles, cannot be found, it shall be the duty of the Chief of Police, under the direction of the Mayor, to remove the same to some safe place of deposit, and at the expiration of ten days there- after, if no demand be made for the same, such article or articles shall be sold by the Chief of Police at public auction, for cash, giving ten days’ public notice of the time and place of sale, the proceeds of which, after deducting all expenses and costs, to be deposited with the City Treasurer for use and benefit of the owner or thereof. Art. 347. [XIII] It shall be the duty of every owmer or See Sec. 14, occupant of any lot, or parcel of ground within the limits of the city, to keep the side- walks in front of, and around the charter. ^ same, free and clear of weeds, from the line of the said lot or parcel of ground, to the curbing of the side- walks thereof, or at least the distance of sixteen feet from the line or lines of the lot, or parcel of land, into the street or streets adjoin- ing; and any and every person failing to observe and con- form to the provisions of this section, shall be notified by the Chief of Police to remove said weeds, wfithin twenty -four hours, and on refusal or failure to comply with said order, such person or persons shall be fined in a sum not exceeding five dollars for each and every day the same shall remain and continue. Art. 348. [XY.] Every owner or owmers, his, her or their agents, of every lot or parcel oi round Iving and fronting on Avenp'‘ P, co’*^* hno'.' ’ :u^>' t^and street, between Bath Avenue and oi.^Loeiith t, ,.aii eoii^irnct, keep up and maintain, or cause to De consti uciea, kept up 82 and maintained, a side- walk in front of such lot or parcel of land, conforming in such construction and filling up thereof to the grade that shall be fixed by the City Engineer, with a curbing of brick, stone or wood, which said curbing, if con- structed of wood, shall not be less than four inches in thick- ness, secured by strong and sufficient uprights on the inner side ; and in case of corner lots, the said side-walks to be so constructed, kept up and maintained, shall be extended round each and every corner lot the full depth of the lot to the alley in the rear ; and for every refusal or failure to com- ply with the provisions of this section, after notification and a time limited and appointed therein for the construction of such side- walk, or the repair thereof, the owner or owners of such lots or parcels of lots, shall be subject and liable to a fine for each and every day, after the expiration of the time prescribed, of not exceeding ten dollars. Aut. 349. [XVI.] The lanes or alleys, which divide the blocks of lots, within the city, are not thoroughfares to every intent and purpose, and therefore, it shall be unlawful for any person to drive any cart, wagon, dray or other vehicle into or through any of the said lanes or alleys of the city, unless it shall be to receive or deliver a load in such lane or alley, or to the stable or house where such vehicle shall be kept ; and every person offending against the provisions of this section shall be subject to a fine not exceeding ten dollars for each and every offence. Art. 350. [XVII.] It is hereby made the duty of the owner, or his agent, of every lot and parcel of lot of ground in the city, when the grade has been fixed, to construct, keep up and maintain, and cause to be constructed, kept up and maintained, a pavement or side- walk in front of and bound- ing upon each lot and parcel of lot respectively, which said pavement or side- walk shall be sixteen feet in width from the line of the lot or parcel of lot, extending into the street, and shall be filled up, conforming in the height thereof to such grade as the Street Superintendent, with the assistance of the City Engineer, and the approval of the Mayor, shall fix and establish for each street and avenue, said pavement or side-walk to have a curbing of brick, stone or wood ; and if constructed of wood, it shall not be of less than three inches in thickness, and secured by strong and sufficient uprights placed on the inside of the curb ; and it is hereby made the duty of the Mayor, upon approval of the said grades so established and fixed, or any of them, to give public notice thereof by hand-bills posted up throughout the district, and in one of the newspapers published in the city, and shall, in such notice, fix and specify therein such reasonable time within which the said pavements and side-walks shall be 83 constructed, as herein before directed ; and if any person shall refuse or neglect to comply with the provisions of this section, within the time limited, specified and appointed by the Mayor, in the public notice as aforesaid, unless upon special application to the Council, and for good and sufficient cause the time shall in any case be extended, shall be liable to a fine of not exceeding three dollars for each and every day such refusal or neglect shall continue after the time prescribed. Art. 351. [I.] It shall not be lawful to build sheds or Approved awnings over the side-walks of this city in such a manner Oct. 4,1869. as to enclose the public gas lamps and obstruct the light 5 sufficient opening shall be left so as to see the lamps freely from all sides. Art. 352. [II.] The owner of such sheds or awnings, obstructing the lights, shall be fined five dollars for every day that said obstructions shall remain. Art. 353. [I.] The owners of property on the side of Approved any block are required to construct their side- walks at an March 7, 1870 utiiform height, and so graded, that water will not remain as am end- on them after a rain ; and the width of said side-walks shall ed Dec. 5, be as laid down on the plan of the city, fourteen or sixteen feet, as provided for in said plan, the height and grade to See Sec. 14, be defined by the City Engineer, under whose supervision Title the work shall be constructed, accepted or rejected. charter Art. 354. [II.] When the Superintendent of Streets, Approved under the authority of the Board, shall intend the construe- March 7, 1870 tion and grading or repair of the side- walk on any street, or on any block of the city, he shall notify the City Engineer to survey the same, and to place proper marks for the guid- ance of the workmen, and furnish to the Street Commissioner an estimate of the cost per front foot of the proposed side- walks, whether with shell and sand, sand and bricks, or sand and stone. Art. 355. [III.] When the survey and estimate provi- As amend- ded for in the foregoing section has been furnished to the Superintendent of Streets, he shall furnish to each owner of lots, or parts of lots fronting on the proposed work, his or her agent or attorney, or guardian, the statement of the cost of the work on his or her front, with a notice to said owner to construct his side- walks in accordance with the plan and grade, within twenty days from the date of the notice, or that the same will be done by the city at the cost of said owner, with the addition of the cost of collection. Art. 356. [IV.] If any owner of a lot, fronting on the proposed works, shall fail to have constructed his side- walk within the twenty days fixed by said notice, on the expira- tion of said twenty days the Superintendent of Streets shall 84 See Charter page 35, Art. I, Title IX. Approved July 1, 1871. employ laborers and procure the materials, and construct said side-walks according to plan and grade determined on as afaresaid ; and on the completion of the work, shall demand and collect of the owner of the lot the cost of con- struction, and five per cent, additional on the amount, for advancing the money to do the work and collecting the amount, which amount shall be paid by the said Superinten- dent of Streets into tjhe City Treasury, for the use of the city. Art. 357. [V.] If any owner of a lot, in front of which a side-walk has been constructed by the city, shall, after demand by the Street Commissioner, refuse or tail to pay the amount assessed on his front, and the said Commissioner for advancing and collecting, he shall, on complaint of the Street Commissioner, before the Eecorder, be fined in a sum not exceeding ten per cent, of the amount assessed against him, and shall pay the cost of his arrest, and may be pro- ceeded against as for a new offence each week that the amounts shall remain unpaid. Art. 358. [VLj When two-thirds of the owners of the frontage of any block shall desire the side-walks of the block constructed of brick, or stone, or shell, they may file a petition with the City Clerk, stating the material, and on the filing of said petition the Superintendent of Streets shall cause the ground to be surveyed by the City Engineer and, the cost estimated, and proceed therein, as hereinafter pro- vided for work ordered to be done by the Council. Art. 359. [VII.J Whenever two-thirds of the property holders of one-half block wish to have gutters laid in front of their property, in the streets and avenues, and make such petition to the Mayor, the Mayor shall be authorized to notity all the property holders of such half block that such gutter shall be laid, under the direction of the City Engi- neer and supervision of the Street Superintendent, and said gutters shall be repaired and renewed when necessary, and the city shall pay one-third, and the said property holders shall pay two-thirds of the cost of construction and repairs of said gutters. Art. 360. [I.] It is hereby ordained that the following streets, and parts of streets, be graded with a coating of sound clam shell, not less than fifteen inches in thickness, and to a proper grade for a pavement of not less than six inches in thickness : Avenue B, from Fifteenth to Twenty-Ninth streets, inclusive ; Avenue C, from Fifteenth to Thirty-Fourth streets, inclusive ; Twenty -Third street, from the Bay, on the North, to the Gulf, on the South ; Eighteenth, Nineteenth, Twen- tieth, Twenty-First, Twenty-Second, Twenty Fourth, Twen- ty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth 85 and Twenty-Ninth streets, from Avenue B to Avenue C ; and, also, Thirty-Third street, from Avenue G to Avenue D. Art. 3G1. [II.] The Mayor be, and he is hereby re- quired, to advertise ten days for x>roposals for a sufficient quantity of sound clam shell to complete the proposed im- provements, to be delivered at such place and in such quan- tities as may be directed by the Superintendent of Streets ; said shell to be contracted for at a given price per barrel, so delivered, and such barrel to be five cubic feet of measure- ment; Provided, that such coiitractor or contractors, shall be required to give security in iliree times the amount of their contract, for the faithful execution of their contract ; and Provided, fin ther, .that the Mayor and Committee on Streets and Alleys, jointly approve such contract. Art. 362. [III.] The City Engineer be, and he is hereby directed, to fix the grade of said streets, under the advice and consent of the Mayor and Committee on Streets and Alleys, and he shall also make a careful estimate of the quantity of material required for said improvement ; and when the quantity and cost of such material has been ap- proximately determined, he shall then carefully assess the due proportion of the cost of such improvement on the 13roperty situated on either side of such street or streets, as delivered and required, underand by the terms of Section I, Article 2, Title 9 of the City Charter ; and it shall also be his duty to make duplicate rolls of such assessment, and place them before the Board of Aldermen ; and when such rolls are approved by the Board of Aldermen, such assessment shall be held and claimed to be a privileged and first lien upon the property so assessed, and shall be col- lected in the manner, and at such times as are hereinafter prescribed. Art. 363. |IV.] The assessment provided for in the foregoing section shall be payable in five equal payments, and the first payment shall be due and payable on 'the first day of September next, and the balance in equal annual payments on the first day of September thereafter; Pro- vided, that such deferred payments shall bear interest annually at the rate of ten per cent., and such interest shall be due and payable at each annual payment of such assess- ment. Art. 364. [V.] When the assessment roll herein pro- vided for shall be approved by the Board of Aldermen, that it shall then be the duty of the Mayor to place one of said rolls in the hands of the Collector of Taxes, whose duty it shall be to collect all such assessments, and all assessments so collected shall be paid into the Treasury, and all such payments shall be held by the Treasurer as a special fund, 86 and it sliali not be used for any other purpose than to pay interest on and to retire any bonds issued by the City of Galveston in aid of the improvements herein provided for. As amend- Aet. 365. [ VI.] Payment for the improvements herein ed July 5,1871 provided for shall be made in the bonds of the City of Gal- vestoiij to the extent of the sum of assessment made on the property situated on either side of tlie street so improved^ and the balance of such cost shall be paid out of the current General Fund or bonds of the City of Galveston, under such stipulations as may be made with the contractor or contractors. Approved Art. 366. fl. | There shall be, and is hereby reserved, April 20, 1868 a space of thirty feet in width in* the centre of the street known upon the plot or plan of the city as Broadway, the full length thereof between the cross streets, as far as the same now does, or shall hereafter extend within the corpor- ate limits of Galveston City, whether the said limits shall remain as they now are, or whether the same shall hereafter be extended, for the purpose of planting shade trees, and ornamental shrubbery; and to be used only as a foot path, and as place of resort for pedestrians. Art. 367. [II.] It shall be unlawful for ^ny person to encumber said space of thirt^' feet in the centre of Broad- way witli any manner of temporary or permanent incum- brance, obstruction or impediment of any kind whatever ; and it is hereby made the duty of the Mayor, at once to re- move, or cause the same to be done, any incumbrance, ob- struction or impediment, that may at any time be placed thereon. Art. 368. [III.] Whenever said trees and shrubbery shall be planted in and on said reservation, as contemplated by this Ordinance, it shall be unlawful for any person to drive or ride within or across said limits, or for any person to permit any animal to go at large or stray therein. Art. 369. [IV.] For each and every violation of this Ordinance^ the person so offending shall be fined not less than ten nor more than one hundred dollars, to be recovered before any Court of competent jurisdiction ; and any person violating the second section of this Ordinance, in addition to the penalty aforesaid, shall be fined fift}" dollars a day for each and every day lie shall permit the obstruction or incumbrances to remain, after being notified to remove them. Art. 370. [V.] The method of enclosing said reserva tion or ^esplanade, shall Be determined by the Board of Aldermen, through the Mayor, and the proper grade shall be determined by the City Engineer. Approved owners of June 27,1871. houses, stores, shops or vacant lots, to keep the side-walk& 87 before tlieir houses, stores, shops or vacant lots, clean and See Sec. 14, in good condition, and that it shall be unlawful and prohib- ited to sweep in the gutters, or throw into the streets and Qj^arter. alleys, offal, debri^ or anything else ; such sweepings, de- bris, offiil, &c., shall be collected in boxes or barrels, and placed before the doors, at the edge of the side-walk, where scavenger carts shall take it at certain hours, not later than 9 o’clock, A. M., and the empty boxes or barrels, shall not remain on the side- walk, but be taken back to the house by the owner. Art. 372. [II.J Any person violating this Ordinance shall be fined not less than one, nor more than five dollars, for each and every offence, to be collected before the Eecor- der. Art. 373. [I.] It shall be unlawful for any person or Approved persons to take, carry away or remove, any dirt, sand or earth from any lot or parcel of land within the limits of the City of Galveston, withont the consent of the owner or own- ers thereof. Art. 374. [II.] It shall be unlawful for any person or persons to take, carry away or remove any dirt, sand or earth from any street, alley, highway or public ground, within the limits of the City of Galveston, without the con- sent of the City Council. Art. 375. [III.] Any person or persons violating the provisions of this Ordinance shall be guilty of an offence, and, on conviction thereof, shall be punished by a fine of not less than five nor more than twenty dollars for each offence. Art. 376. [I.j The City Surveyor shall, immediately. Approved after the passage of this Ordinance, make a survey of Avenues C and D, from Sixteenth street to Thirty-Thircl street, and establish the grade of the street. Art. 377. [II.] When said survey is completed, the Superintendent of Streets shall proceed to raise said streets to the grade, and shall construct the side- walks on said streets and make them of a uniform height, in accordance with the Ordinance concerning side-w^alks ; and on comple- tion of the side- walk on any owner’s front, shall present the bill of costs and collect the same from such owner, for the benefit of the city. Art. 378. [III.] Eeach owner of a front on said streets shall fill his lot to the level of the side-walk constructed by the Superintendent of Streets within thirty days after the side-walk is completed, under penalty of fifty dollars. Art. 379. [IV.] Any person, intending to build on a lot fronting on said streets, shall, before commencing to build, cause his lot to be surveyed by the City Engineer 88 and obtain from him a certificate that his lot is filled to the proper grade ; and any person building, without having obtained said certificate, shall be fined in the sum of fifty dollars and cost of prosecution. Art. 380. fV.] When any person shall have been or- dered by the Health Physician to fill his or her lot to grade, he shall, on completion of the filling, cause the said lot to be surveyed by the City Engineer, and obtain from him a certificate that the same is filled to grade ; and any per- son, faihng or refusing to comply with the order of the Health Physician as to filling his lot, shall be fined in the sum of fifty dollars and cost of prosecution. Art. 381. [VI.] When any owner of a house now stand- ing shall be notified by the Health Physician that his house is too low, and is required by said Health Physician to raise the same and fill the lot, and shall fail for thirty days to comply with said order, he or she shall be fined in the sum of fifty dollars, and five dollars per day for each day there- after he or she shall fail to comply with said order. CHAPTEE XXXYIII. DUTIES OF STREET SUPERINTENDENT. Approved ARTICLE 382. [L] The Superintendent of Streets shall, Jnne 4, 1866. before he enters upon the duties of his office, take and subscribe to an oath, before the Mayor or any Justice of the Peace resident within the said City, well, truly and faithfully to discharge the duties of his office, which are now, or may hereafter, by ordinance or resolution of the Council, be required of him. See Art. IX, Art. 383. |II.j It shall be his duty to supervise all Title III, of work undertaken by the Board of Aldermen upon the the Charter, streets, alleys and public squares of the City ; direct the grading of the same, and the construction of the side walks, so as to preserve a due uniformity of their heighth and width ; inspect, under the direction of the Street Commit- tee, the draining and filling up of all such lots and low grounds as may be ordered by the Board of Aldermen ; superintend the construction of all culverts and bridges; . control all gangs of workmen employed by the Board or Aldermen upon the streets ; keep a correct account of the time of said workmen, and of all other work and services which may be done and performed, and make correct report thereof to the Board of Aldermen ; he shall also remove, or cause to be removed, in manner as prescribed in the chapter regulating streets and side-walks, all such filth, dirt, or other nuisances in said chapter enumerated. 89 Art. 384. [III.J It shall also be his duty to receive and receipt for, (in the name of the Corporation of the City of •Galveston,) all shells, sand, stone, lumber or other material, which may at any time be contracted for by the Board of Aldermen, to be used on the streets, alleys and public squares of the City ; to correctly measure, or cause to be eorrectly measured, the same, and to designate, under the direction of the Street Committee, at what point or points the same shall be delivered within the limits of the City. Art. 385. [lY.] It shall also be his duty to exercise a general supervision over the construction of all railways which may at any time hereafter be constructed to run throngh the streets of the City; to notice that they con- form to the proper grade of such streets, as may be estab- lished by the City Surveyor, so as not to impede the passage of drays, carriages or other vehicles, through said streets ; and in case of any violation of contract by any party or parties invested by the Board of Aldermen with the right to construct such railways through the streets of said City, it shall be his duty to forthwith report the same to the Board of Aldermen. Art. 386. [Y.] It shall also be his duty, in case the Board of Aldermen shall contract with any party or parties for filling up, grading, or shelling any streets, alleys or public squares in the city, to generally supervise the same, and to see that said contracts or contract are faithfully performed, and in case of any violation of said contracts he shall imme- diately report the same to the Board of Aldermen ; further, it shall not be lawful for said Superintendent of Streets to have, either directly or remotely, any pecuniary interest in said contract or contracts, and in case of any violation of this clause, he shall be liable, on conviction thereof before the Mayor and Aldermen, of being removed from office, and also be subject to a fine of not less than fifty nor more than one hundred dollars. Art. 387. [I.] The Street Commissioner shall, within Approved thirty days, report to the City Council a full list of all lots Jan. 19, and fractional lots, fronting on avenues and streets, which have been improved with shell during the term of his office, giving number and size of the same, and number of block on which situated, and the names of the owners thereof, if known, and if not known, the same shall be entered on said list as unknown. iRT. 388. [II. I It shall also be the duty of said Street C(‘^ nissioner to enter on said list, opposite each lot or frac- tion lot, lying ;•' ] being oii such side of the street and av \e which has ijcen so improved, one third of the esti- mi i expense for such work or imx)rovement on such avenue 90 Approved Jan. 8, 1857. Approved jnly 5, 1871. and street, fronting, adjoining or opposite sucli lot or frac- tional lot, as provided for in Art. 11, Sec. I. Title 9, City Charter ; Provided, That the expense of filling said street and avenue be not included in such estimate. Art. 389. | III.] It shall also be the duty of said Street Commissioner to report to the City Council, at the first regular meeting of every month, a full list of every lot and fractional lot fronting on avenues or streets, which have been improved by shell during the preceding month, render- ing an estimate of the probable cost of the same. ff >• CHAPTER XXXIX. CITY SURVEYOR. Article 390. [I.| The City Surveyor shall, before he enters upon the duties of his office, take and subscribe an oath before the Mayor, or some Justice of the Peace resi- dent in said city, that he will well and truly and faithfully discharge the duties of his office. Art. 391. [II.] It shall be the duty of the said Sur- veyor, whenever required by the Council, or by its authority, to make all surveys and to make and establish grades and levels for the repair or drainage of the streets, avenues and squares of the city, and the height of side- walks or pave- ments of the said streets and avenues ; and it shall also be his duty, when called upon by individuals, to make surveys of city lots, with all reasonable dispatch. Art. 392. [IV.] The Surveyor shall be entitled to de- mand and receive from the parties that may call on him to make a survey, for each lot surveyed by him, five dollars, al- though only one line of said lot be run and established. CHAPTER XL. TAXES — LICENSE TAX AND AD-VALOREM TAX. Article 393. [I.] Any person or persons, being en- gaged in any of the professions, callings or business occu- pations hereinafter named, shall pay a license tax as herein specifically set forth ; Provided, that all licenses heretofore issued shall be deemed and held to be good until such license shall have expired by limitation; and further. Provided, that all licenses issued under the authority of this Ordinance, shall be for the period of one year, unless specifically stated otherwise, and shall not be transferable except by the per- mission of the City Council. 91 Art. 394. [II.] Every bank, banking house, or banking See Arts. 3 agency, receiving deposits or dealing in gold, silver, uncur-^^ rent money or exchange, shidl pay an annual license tax as charter, follows, to-wit : such whose average deposits for the year preceding shall have been $300,000 and upwards, a license tax of three hundred 5 such whose average deposits shall have been $200,000, and less than $300,000, a license tax of two hundred dollars 5 such whose average deposits shall have been $100,000, and less than $200,000, a license tax of one hundred dollars ; and such whose average deposits shall have been less than $100,000, shall pay a license tax of seventy -live dollars ; Provided, all licenses issued under the terms of this section to establishments commencing business shall be at the least sum named. Art. 395. [III.] Each and every insurance comi^any, whose principal office is in this city ; and each and every Insurance Agent representing a company, whose principal office is not in this city, shall pay an annual license tax of one hundred dollars ; and if said agent or agents represent more companies than one, he or they shall pay an additional tax of one hundred dollars for every company represented, more than one. Every Insurance Inspector shall pay a license tax of twenty dollars. Art. 396. [lY. | Every incorporated company, or other company or person engaged in transporting money, mer- chandise, baggage, or other articles by express, shall pay a license tax of one hundred dollars. Every person or hrm engaged in the transportation and delivery of baggage, shall pay a tax of fifty dollars. Art. 397. [Y.] Every theatre, amphitheatre, opera- house, or place for theatrical performances, an annual tax of two hundred and fifty dollars 5 and every concert, to which the public are invited, and for which a charge is exacted for admission, a tax of ten dollars for each per- formance or lecture. Art. 398. [YI.] Every person or firm dealing in foreign or domestic exchange, and not receiving deposits or doing a banking business, a tax of sixty dollars. Art. 399. [YII.] Every person or firm engaged in the business of a pawnbroker, a tax of one hundred dollars ; every person or firm keeping a junk store, whose sales for the year preceding the application for a license exceeded the sum of $15,000, a tax of one hundred and fifty dollars, and all others not exceeding that amount, a tax of one hun- dred dollars; Provided, all licenses issued under this section to establishments commencing business shall be charged with the least sum named. 92 Akt. 409. [VIII.J Every person or firm transacting: business as a broker, in buying or selling gold or silver coin, bullion, or gold dust, stocks, promissory notes, bills of ex- change, or uncurrent money, seventy-five dollars; every person engaged in business as an insurance broker, thirty dollars. Art. 401. [IX.] Every person or firm engaged in keep- ing a hotel for the entertainment of transient persons or travelers, having accommodations for 100 persons or over, two hundred and fifty dollars ; every such hotel accommo- dating less than 100 and over 60 persons, one hundred and fifty dollars; and every hotel accommodating less than sixty persons, one hundred dollars ; every keeper of a private or public boarding house, for the entertainment of persons by the week or month, having accommodations for over 30- persons, a tax of fifty dollars ; every keeper of a private or public boarding house, for the entertainment of persons by the week or month, having accommodations for over 12 and less than 30 persons, twenty dollars ; and all persons keep- ing a less number than 12 boarders, shall not be required to pay a tax. Every person keeping a lodging house for the accommodation of night lodgers only, a tax of twenty-five dollars. Art. 402. [X.] Every club house, where billiard tables are used, or spirituous, vinous or malt liquors are sold or supplied, a tax of one hundred dollars. Art. 403. [Xl.j Every person or firm, engaged in the wholesale merchandise business, a tax of $100 ; Provided, that a wholesale dealer shall be deemed to be a person or firm whose main or principal sales are to merchants, and not directly to consumers. Every person or firm engaged in the wholesale and retail business, a tax of $75 ; Provided, that wholesale and retail dealers shall be deemed to be persons or firms whose sales are mainly and directly to consumers. Every person or firm engaged exclusively in the retail mer- chandise business, whose sales amounted, for the year pre- ceding the application for a license, to the sum of $60,000, a tax of $60. Every person or firm engaged in retailing merchandise, whose sales, for the year preceding the appli- cation for a license, amounted to the sum of $50,000, and less than $60,000, a tax of $50 ; every person or firm engaged in the retail merchandise business, whose sales for the year preceding the application for a license amounted to the sum of $25,000, and less than $50,000, a tax of $35. Every per- son or firm engaged in the retail merchandise business, whose sales for the year preceding the application for a license were $12,500, a tax of $25. Every person or firm engaged in the retail merchandise business, whose sales for 93 the year preceding the application for a license amounted to a sum less than $12,500 shall pay a tax of $20 ; and every such person or firm commencing the retail business, for the first time, shall pay a tax of $30. Art. 404. [XII.] Every person or firm engaged as mer- chant tailors or as shoemakers, a tax of $20 ; Provided, that no tailor or shoemaker, engaged solely in manufacturing material furnished by customers, shall be liable for a tax. Art. 405. [XIII.] Every keeper of a restaurant or eat- ing house, where spirituous, vinous or malt liquors are not sold, except to guests at meals or repasts, fifty dollars. Every restaurant or eating house, where spirituous, vinous or malt liquors are not sold or furnished, thirty dollars. Art. 406. [XIV.] Every cotton press or association of cotton presses, a tax of two hundred dollars, for each press used and operated. Every wharf company association, a tax of two hundred dollars. Every city railroad company, a tax of one hundred dollars. Every gas company a tax of one hundred dollars; and every chartered real estate com- pany a tax of two hundred dollars. Art. 407. [XY.] Every person or firm keeping a retail grocery store, where spirituous, vinous or malt liquors are sold in quantities of not less than an ordinary wine bottle, a tax of thirty dollars. Art. 408. [XVI.] Every person or firm doing business as a commission merchant, or produce or merchandise broker, whose gross sales and purchases added, exceeded then the sum of $1,500,000 for the year preceding the application for a license, a tax of one hundred and fifty dollars. Every such person or firm, whose sales and purchases added, was as much as the sum of seven hundred and fifty thousand dollars for the year preceding the application for a license, and did not exceed the sum of one million five hundred thousand dollars, a tax of a hundred dollars ; and every such person or firm, whose sales and purchases did not exceed the sum of seven hundred and fifty thousand dollars for the year preceding the application for license, a tax of seven ty-five dollars ; Provided, that every person or firm commencing the business of commission merchant, or produce and mer- chandise broker, after the passage of this Ordinance, shall pay a tax of only seventy-five dollars for the first year. Art. 409. [XYII. | Every person or firm doing business as a ship or steamboat agent, a tax of thirty dollars. Art. 410. [XVIII.] Every person or firm doing busi- ness as an auctioneer, and selling real estate or mixed pro- perty at public out-cry, a tax of seventy-five dollars. Art. 411. [XIX.] Every person or firm doing the busi- ness of shipping master, a tax of twenty-five dollars. 94 Art. 412. [XX.] Evwy person of firm doing a wholesale and retail coal business, a tax of forty dollars ; and every person or firm doing a wholesale wood' or charcoal business, shall pay a tax of twenty dollars ; Provided, that no tax shall be levied on any person selling wood or charcoal from vessels in the bay, or from railroad cars running into the city. Art. 413. [XXT.J Every person or firm doing business as a ticket or freight agent for a railroad company, not loca- ted in this State, a tax of forty dollars. Art. 414. [XXII.] Every real estate agent or house broker, a tax of twenty-five dollars. Art. 415. [XXIII.] Every person or firm engaged as a cotton or other i^roduce weigher, a tax of twenty-five dollars. Art. 416. [XXIV.] Every person or firm engaged in bottling vinous or malt liquors, not for consumption on the premises, a tax of twenty-five dollars. Art. 417. [XXY.] Every keeper of a warehouse, solely for storage of merchandise, a tax of thirty dollars. Art. 418. [XXVI.] Every keeper of a billiard or other like table, for public use, a tax of twenty dollars for each and every table so kept ; and every keeper of a tenpin alley, a tax of thirty dollars for each and every alley so kept for public use. Every keeper of a pistol or rifle gallery, a tax of twenty-five dollars. Art. 419. [XXVII.] Every undertakers establishment, a tax of twenty-five dollars. Art. 420. [XXVIII.] Every j^erson or firm keeping a lumber yard, shall pay a tax of sixty dollars. Every person or firm dealing in doors, sash or blinds, a tax of forty dollars, Every person or firm dealing in carriages, buggies, etc., a tax of fifty dollars. Art. 421. [XXIX.] Every person or firm keeping a barber’s shop, shall pay a tax of five dollars for every chair employed in his business. Art. 422. [xxx.] Every millinery establishment, where any articles of goods, wares and merchandise are sold, shall pay the retail merchandise tax ; but if said goods, wares and merchandise are made up in the establishment, the tax shall be twenty dollars. Art. 423. [XXXI.] Every pedlar, hawker, or itinerant dealer in merchandise, of any character whatever, a tax of fifty dollars ; Provided, that no license shall issue to any vender of so-called prize packages, of any kind ; but they are prohibited. Art. 424. [XXXII.] Every keeper of a stand where oysters are opened and sold, a tax of fifteen dollars. 95 Art. 425, [XXXIII.] Every keeper of an intelligence office, a tax of twenty dollars. Art. 426. XXXIY.j Every person keeping a hall for concerts, assemblies, balls and public meetings, letting oiit- the same for hire, a tax of fifty dollars. Art. 427. [XXXY.] The tax on drays, furniture carts and grocery wagons, drawn by not more than one animal, shall be fifteen dollars ; and the cost of numbering not to exceed twenty-five cents. The tax on milk wagons and carts, market wagons and carts, and butcher wagons and carts, shall be eight dollars ; and cost of numbering not to exceed twenty-five cents. The tax on trucks and other four-wheeled vehicles, used for the transportation of merchandise, bag- gage, etc., and drawn by two animals, shall be thirty dollars ; and the cost of numbering not to exceed twenty five cents ; Provided, that any such vehicle when drawn by more than two animals, shall pay an additional ten dollars for each and every such additional animal. The tax on hacks and omni- buses used for the transportation of Jpersons, for hire or for the use and convenience of the guests of hotels, shall pay a tax of twenty dollars. Every buggy used for hire shall pay a tax of ten dollars ; and the cost of numbering not to exceed twenty-five cents. The tax on private carriages, kept for private use, and drawn by two or more horses, shall be ten dollars ; and for all vehicles used for private purposes and drawn by one horse, five dollars. All drays, carts, trucks, market wagons, grocery wagons, milk carts and butcher^s wagons, shall have affixed to them a number painted on a plate, corresponding to the number of the license, and the color of said number shall be annually changed, and all omnibuses and public hacks shall have painted on the side lights, a number in colors to be designated annually by the City Treasurer, corresponding to the number of the license for such vehicle, and all private carriages and buggies shall have affixed to them, under the cushion, a numbered plate, the color to be changed annually. Art. 428. [XXXYI.] All licenses provided for in the foregoing section, shall run from 1st day of January one year, to the 1st day of January of the next year; Provided, that such license may be issued at any time during the year for the unexpired portion thereof, upon a payment of a proportionate sum of the annual tax. Art. 429. [XXXYII.] Every transient theatre, circus, or other public exhibition of like character, shall pay, in advance, a tax of ten dollars for each day, and the Mayor shall have the right to designate where such transient ex- hibition shall be given, and also the right to remove the same if by him deemed proper .; and every person who shall keep 96 or exhibit such transient theatre, circus, or other public exhibition of like character, without first ha\ung obtained a license therefor, shall be fined not less than twenty dollars for every day of said exhibition. Every itinerant player on a hand organ or other musical instrument, a tax of ten dollars per month. Art. 430. [XXXVIII.] Every person selling goods, wares or merchandise by sample, print, cut, card or other- wise, shall pay a tax of $100 per annum. Art. 431. [XXXIX.] Every practicing attorney or law- yer, physician, photographer, dentist, and conveyancer, not being an attorney, a tax of $20. Art. 432. [XL.] Every keeper of a stable, where horses, mules, carriages, buggies or other vehicles are kept on livery or hire, or for sale, $1 for each stall of five feet. Art. 433. [XLI.] Every claravoyant, astrologer, for- tune teller, keeper of a gift store or enterprise and (cup tasser,) a tax of $100. Art. 434. [XLII.j Every person keeping a store or stall for the sale of butcher’s meat, or game or vegetables, a tax of $25 00 ; Provided, that all such establishments shall be under the immediate sui)ervision of the Health Officer, and for any failure to observe due health regula- tions, the tVlayor may at any time, revoke such license ; Provided, further, that no butcher or other dealer occupying a stall in any of the public markets shall be required to pay a license tax. Art. 435. [XLIIL] Every person, keeping a stand, stall or store, for the sale of game, vegetables, fruits, coffee and other like articles of food at any other place than the public markets, a tax of $25. Arr. 436. [XLIV.] Every machine shop or foundry, in operation a tax of $50 ; and every planing machine and rail and blind factory combined, run by steam, a tax of $30. Art. 437. [XLV.] Every person keeping a soda foun- tain, or ice cream saloon, not in connection with a confec- tionary establishment or other mercantile business, a tax of $ 20 . Art. 438. [XLVI.J All bar-rooms, coffee houses, or grog shops, where spirituous, vinous or malt liquors are sold in quantities less than an ordinary wine bottle, shall be divided into the following classes, and shall pay the license respectively fixed thereto, viz : 1st Class, Those whose sales of liquors exceed the sum per annum of $10,000, a tax of $200. 2nd Class, Those whose sales are less than $10,000 and over $5,000 per annum, a tax of $125,000. 97 3rd Class, Those whose sales are less than $5,000 per annum, a tax of $75. All persons applying for a license under this Section, shall file with the Treasurer, an oath duly subscribed before some officer authorized to administer oaths, stating the amount of sales for the preceding year, or part of year, and the amount of such license shall be determined by the amount of such sales, so shown by the affidavit ; Provided, all licenses issued under the terms of this Ordinance to establishments commencing business, shall be at the least sum named. Art. 439. [XL VII.] Every flying horse, velocipedrom or other like thing, and every hotel, steamboat or railroad runner, a tax of $^10. Art. 440. [XLYIII.] Every person, firm, or member of firm, pursuing one or more occupations, callings or profes- sions, liable to a license tax under the terms of this Ordi- nance, shall procure a license for each and every occupation, calling or profession, that he or they may engage in. Art. 441. [XLIX.] Xo person or firm shall pursue any business, calling, or profession, taxed by the terms of this Ordinance, without obtaining before commencing such bus- iness, &c., a license from the proper officer, and it shall be the duty of such person to post or hang up in his or their office or place of business such license, and a failure to ob- tain such license shall make the person or firm so failing, (except in the case provided for in the first clause of Section XXXVII, of this Ordinance,) liable to a fine of not less than one-half the annual tax, which he, she or they should have paid, which fine shall be imposed for each and every month that said license tax shall remain unpaid after the first conviction, on due complaint and conviction before the Eecorder ; and one-half of the penalty so adjudged shall go to the informer, and shall be so ordered by the Eecorder; and any person failing to pay such fine so adjudged, shall be imprisoned for a period not less than five or more than thirty days; Provided, that nothing herein contained, shall be so construed as to inhibit the city from proceeding against any defaulting license tax payer, in a civil suit before a court of competent jurisdiction, for the recovery of such de- fault. Art. 442. [L.j Every person or firm making applica- tion for a license under the terms of this act, wherein the sum of such tax is determined by the sum total of business transacted for the previous year, or by the number of guests that can be accommodated, (as in case of hotels) or by the character of sales, which shall determine whether or not a person or firm is a wholesale or retail dealer, shall deposit 98 with the Treasurer an affidavit made before proper author- ity, as to the facts necessary to determine the amount of tax. Art. 443. [LI.] It is hereby made the special duty of all regular police officers of this city to diligently search for and make due complaint before the Eecorder, against all persons doing business without a license and being liable for the same. Approved Art. 444. [I.| The Treasurer of the City shall receive July 1, 1871. all dues for license taxes, and all persons owing a license tax shall call upon the Treasurer and pay to him the sum due, as a license tax on any business, calling or profession, See Sec. 2 , proposed to be engaged in ; and it shall be the duty of the Art. IV, Title Treasurer to issue to such .person or firm a receipt for the ciiarte money so paid, specifically setting forth, date, name ar er. person or firm, street, and number of business place, and business calling or profession, except in the case of vehicle license, when the receipt shall set forth the place of resi- dence of the person so paying for a license. Art. 445. [II.] All receipts, issued under the provis- ions of the foregoing section, shall be presented to the Mayor, and such receipt shall be the Mayor^s warrant for issuing a license to the person or firm so surrendering the Treasurer’s receipt ; and it shall be the duty of the City Clerk to coun- tersign all licenses signed by the Mayor ; and the Clerk shall also, in a book to be provided for the purpose, keep a correct record of all licenses so issued, specifically setting forth date, number, name of person or firm, place of busi- ness, calling or profession, and the sum received for such license, and he shall also collect a fee of fifty cents for each license so issued and recorded. Art. 446. [III.] The Treasurer shall make monthly de- tailed reports to the Board of Aldermen of all sums of money collected by him as license dues, and he shall furthermore be charged with the duty of leasing the stalls in the public Markets, as provided bylaw ; and he shall, as soon after the annual renting of said stalls as may be practicable, furnish to the Board of Aldermen a detailed statement of leases made, and shall monthly furnish to the Board of Aldermen a detailed account of all market rents collected. Art. 447. [IV.] The City Clerk shall not deliver to any person or persons any dray license, or other vehicle license, until such person or persons shall have executed such bond as the laws or Ordinances of the city may require, to the satisfaction of thejsaid Clerk, and all bonds so executed shall Approved Clerk^s office. June 20, 1871. Art. 448. [I.] There is hereby levied for general pur- poses, for the current municipal year, on all property, real 99 and personal, held and owned within the limits of said city, a tax of one (1) per centum upon the assessed value of the same. See Titles Art. 449. [II.] There is hereby levied, for the purpose J iVl, of of paying the interest on the Bridge debt, and to create a*^® Charter, sinking fund to retire the same, a tax of one-quarter of one per cent, on the assessed value of all property, real and per- sonal, held and owned within the limits of said city , Pro- vided, that no tax is levied by this or the preceding section on any property exempt from taxation by the terms of the Constitution of the State of Texas or the City Charter. Art. 450. [III. | That a poll tax of one dollar is hereby levied on all male persons twenty-one (21) years of age, and upwards, and resident of this city one year preceding the first day of March, 1871. Art. 451. [IV.j The Assessor be, and he is hereby authorized and directed, to proceed at once to assess the tax as herein levied ; Provided, that said tax shall be assessed on all property as herein provided, held or owned within the limits of said city on the first day of March last. CHAPTEE XLI. DUTIES OF TREASURER. Art. 452. [I.] It shall be the duty of the City Treasurer Approved to makd an entry of all amounts received by him, and from*^^“®^^ whom collected, in a book to be kept for that purpose, and he shall weekly examine the books of the various collecting xax. officers of the city. See Art. IV, The books of all collecting officers shall be opened to Title v, and the inspection of the Treasurer at any time, who, if he shall find any irregularities or improper entries, or omissions to Quarter credit collections, shall report the same to the Board of Al- dermen for their action. Art. 453. [II.] The Treasurer shall keep a full set of books, such as are kept by a Banker — ‘‘ Cash Book,” Jour- nal,” and Ledger” — and shall keep an account with each appropriation made, with its disbursements, and when any appropriation is exhausted, shall report the same to the proper Committee. The Treasurer shall pay no drafts not drawn on some specific appropriation, and the appropriation shall appear on the face of the draft. Art. 454. [I.] The City Treasurer, before he enters upon Approved the duties of his office, shall take and subscribe an oath, Deo. 31, 1 856 before the Mayor, or any Justice of the Peace resident in the city, that he will well and truly and faithfully discharge the duties of his office, and shall also enter into bond, with 100 two good securities, payable to tlie City of Galveston, in the penalty of fifty thousand dollars, conditioned tor the faith- ful discharge of the duties of his office. Art. 455. The Treasurer is prohibited from directly or indirectly [using] the public money, funds, or property, in his charge, for his own use or benefit, and from permitting it to be used by, or for, any other person, unless authorized to do so by some Ordinance, resolution, or order, of the Council ; and for violation of this Section, he shall be liable to be removed from office. X, of Charter. CHAPTER XLII. WARDS. Passed Art. 456. [I.] The City shall be, and is hereby divided, Feb. 20 , 1860 . into four Wards. See See. 1, Art. 457. |II.j The First Ward shall be all that part of Title the city lying Eastwardly of the central line of Nineteenth ^ the gtreet Art. 458. [Ill ] The Second Ward shall be that part of the city lying between the central line of Nineteenth street and the central line of Twenty -third street. Art. 459. [IV.*] The Third Ward shall be all that part of the city lying between the central line of Twenty-third street and the central line of Thirty-first street. Art. 460. [Y.j The Fourth Ward shall be all that part of the city lying West of the central line of Thirty-first street. CHAPTER XLIII. CONCEALED WEAPONS. A.pproved ART. 461. From and after the passage of this Ordinance Dec. 18, 1865, gjxall not be lawful for any person or persons (United States military and civil officers of the county and city of Galveston excepted,) to carry about his or their person or body, any concealed deadly weapon, under whatever name or character the same may be designated and called, under a penalty of not less than ten nor more than one hundred dollars, and imprisonment of not less than five days nor more than fifteen days, at the discretion of the officer before whom such person is tried, for each offence, recoverable be- fore the Recorder or any Justice of the Pe^ce. It shall be, and is hereby made the special duty of the Chief of Police, and each of the Police of the city, to see that 101 the provisions of this Ordinance are rigidly enforced; and S«eSec. 13, they are employed, whenever they have reason to believe that any person has about him any deadly weapons, (and charter. ^ such person refuses to make a satisfactory report of himself,) to arrest such person, and take him before the Recorder, or other proper officer, for examination ; and if it be found, on examination, that such person has such weapon about him, the whole penalty imposed under the first Section of this Ordinance shall be imposed by the Recorder, or such other proper officer ; but should it turn out that the person arrest- ed thus, and taken before the Recorder, or other proper offi- cer, has no such weapon, he shall be released without paying a fine — but he or they shall not receive the benefit of any damages for the arrest, having incurred the penalty of arrest under this Ordinance »y refusing to furnish to the officer who arrested him satisfactory evidence of his not having such concealed weapon about him. CHAPTER XLIV. CITY WELLS. Art. 462. [I.] Whereas, it has become the habit of per- Approved sons using ihe City Wells, to leave the same open, without 23, 1866. covering the same with the coverings provided by the city ; Sec. 6, Art. Therefore, be it ordained by the Mayor and Board of Alder- Ilh Title IV, men, in Council convened. That any person or persons who ^er * shall uncover said Wells, excepMn case of fire in the neigh- * borhood, or by order of some officer of the Fire Department, or city officer, shall be subject to a fine of not less than ten dollars, nor more than (f50) fifty dollars, to be recovered before the Mayor or Recorder of this city, in due course of law. CHAPTER XLV. WHARVES. Art. 463. [I.] It shall not be lawful for any dray, cart. Passed July wagon, or coach, or other vehicle for the transportation of 6, 1857. persons, produce, merchandize, effects, or any other objects whatever, or any person on horseback, to drive or ride on any of the Wharves of this city faster than a walk; and any person so offending, shall pay a fine of not less than three nor more than ten dollars. Art. 464. [L] Whereas, at the recent session of the Approved Legislature of the State of Texas, a law was enacted entitled Sept. 14, 1870 102 An Act granting to tlie Galveston Wharf Company the right to make railroad connection with their Wharves and the rail road entering the City of Galveston,” passed August 4th, 1870 ; Therefore, be it ordained by the Mayor and Aider- men of the City of Galveston in Council convened. That the right of way for said railroad is hereby granted, and that the said Galveston Wharf Company may have, and exercise, aU the rights, privileges, and powers, conferred by said Act ; Provided, that said road shall be constructed in such man- ner as not to obstruct the free passage of the streets on land South of Avenue A, and that the City authorities shall, at all times, have such authority as will compel a due obser- vance of this condition. / r 1 107 Ordinances Passed and Approved after the Compilation of the Code, and before the 3d day of April, 1872. CHAPTER XLVI. ALLEYS. Whereas, tlie alley ways, running through the several blocks of the City of Galveston, according to the plan of the city, are more especially for the accommodation and convenience of the owners of lots abutting upon the same, as affording a private entrance into said lots, and they have been, and are so used ; Therefore, Article 465. [I.] Be it ordained by the City Council of See Chapts. the City of Galveston : That whensoever the Health Physi* cian, for sanitary reasons, shall direct the filling up of any alley within the limits of this city, or whensoever the Superintendent of Streets shall deem the same necessary, for purposes of drainage or of travel, the said Superinten- dent shall call upon the City Engineer to establish the grade of such alley, who shall so regulate the same that the water shall flow from the middle of said alley to the ends thereof, and into the gutters of the adjacent streets. Art. 466. | II.] That it shall be the duty of the Superin- See Title tendent of Streets, after the grade of any alley or alleys of the shall have been established, at his request, by the City f^karter. Engineer, to notify in writing the several proprietors of lots or parts of lots, abutting upon said alley or alleys, to fill up the same in conformity with said grade ; and if, upon the inspection of the Committee on Streets, it shall be their unanimous opinion that any alley, from its location or frequent use, should also be covered with shell, then the Superintendent of Streets shall notify the proprietors of lots or parts of lots abutting upon said alley to cover the same, when raised to the proper grade, with a sufficient coating of shells, under the supervision of said Superintendent of Streets. Art. 467. [HI.] That if any proprietor of a lot or part of a lot, after being duly notified in writing, as afore said, to 108 fill up the alley to the centre thereof, in rear of his or her property, shall refuse or neglect to do so for the space of thirty days, he or she shall, upon information and conviction in the Eecorder’s Court, be fined in the sum of five dollars * for every week, after the said thirty days, that he or she shall so refuse or neglect ; and if he or she shall continue to refuse or neglect to comply with the requirements of this Ordinance for sixty days, after due notice as aforesaid, then he or she shall pay a fine of ten dollars for every week thereafter that he or she may so refuse or neglect. Art. 468. [IV.] That if any proprietor of a lot or part of a lot, coming under the provisions of this Ordinance, be a non-resident, the notice provided for in ibhe 2d section hereof shall be served upon his or her agent and attorney, and if there be no known agent or attorney of said non-resident proprietor, or if the owner be unknown, then it shall be the duty of the Superintendent of Streets to fill up to grade, and shell, if the case requires it, such part of the alley as should be graded and shelled b}^ the owner who is unknown, or a non-resident without any known agent, and keep an exact account of the cost thereof, one copy of which account he shall file with his next monthly statement of expenditures in his department, and another copy of which, duly certified by himself, he shall deposit with the Assessor ; and the said account shall be a lien upon said lot or part of a lot, and entered upon the assessment roll against the same, and be included in the first succeeding tax bill, and collected at the same time and in the same manner as the advalorem tax upon the said lot or part of a lot is, or shall be collected by law. Art. 469. fV.] Be it further ordained. That whenever the proprietor, or all the proprietors of the lots of any block, desire to close the alley in said block, he, she or they be, and are hereby permitted to do so, on application to the Mayor, signed by all the parties ; Provided, that if, at an^^ time thereafter, any of the proprietors of lots in a block, whose alley has been closed, shall desire the sauie to be reopened, then it is reserved for the City Council of the City of G-alveston to order the reopening of the same, due and sufficient notice having been first given to the parties to be affected by it, before the final action. Art. 470. [VI. J That nothing in this Ordinance con- tained shall be so construed as to permit the placing of any obstruction whatever in any of the alleys of this city, unless the said alley shall have been previously closed under the 13ro visions of the preceding section; but the said obstructions of whatever nature, shall be unlawful, and the party offending shall be liable to pay a fine not exceeding ten 109 dollars for each offense, in the discretion of the Eecorder; and each day^s continuance of said obstructions, after due notice to remove the same, shall be deemed a separate offence. Art. 471. fVIL] That all Ordinances, or parts of Ordi- Approved nances, heretofore passed, concerning alleys, be, and the Feb. 31, 2872. same are hereby repealed, and that this Ordinance go into effect from and after its due publication. OHAPTEE XL VII. CITY BONDS — FOR IMPROVEMENT OF STREETS. Authorizing the Issue and Sale of One Hundred and Fifty Thousand Dollars of the Bonds authorized by the Act of the Legislature of the® State of Texas, apx>roved Decem- ber 2d, 1871, to Improve the Streets by Grading, Shelling and Eepairing the same, and Building Cul verts and Break- waters, and to Create a Fund to Pay the Interest and Principal of said Bonds. . Article 472. [I.] Be it ordained by the City Council of Approved the City of Galveston, That the Mayor of this city be, and Feb. 15, 1872. he is hereby authorized, to have engraved or printed coupon bonds of the City of Galveston, with semi-annual coupons attached, which bonds shall be styled Galveston City bonds for Street Improvement. Art. 473. [II.] The total amount of bonds, issued by amend- and under the authority of this Ordinance, shall not exceed ed by Ordi- tee sum of one hundred and fifty thousand dollars, and the nance ap- bonds so issued shall bear date March 1st, A. D. 1872, shall be due and x>ayable as follows, viz : thirty thousand dollars, two years after date ; thirty thousand dollars, three years after date ; thirty thousand dollars, four years after date ; thirty thousand dollars, five years after date ; and thirty thousand dollars, six years after date ; and shall bear interest at the rate of ten per cent, per annum: interest payable semi-annually; on the first days of March and September, of each year, on presentation of coupons to the City Treasurer, at his office, in the City of Galveston ; and the principal shall likewise be payable at the office of said City Treasurer, on maturity of the bonds. Art. 474. [III.] The bonds herein authorized shall be l^ayable to or bearer, and the same shall be signed by the Mayor, and countersigned by the City Treas- urer, and recorded in the office of the City Clerk, in a book to be kept for that purpose ; and there shall be affixed to said bonds the corporate seal of the City of Galveston. 110 Art. 475. [IV.J Be it further ordained, Tliat said bonds shall be issued in sums of one hundred dollars each, or any multiple thereof, not exceeding five thousand dollars in any one bond. Art. 476. [V.] All street improvements made with the funds realized out of the sale of the bonds herein authorized, shall be in strict conformity with the terms of Title IX of the City Charter, special reference being had to the provision authorizing assessments and collections on the property adjoining any street or streets improved. See Sec. 4, Art. 477. [VI.] In order to provide for the annually Art. Ill, Title accruing interest on the bonds herein authorized, and to Jn’ create a sinking fund to pay said bonds, at or before jar ei. maturity, there is hereby appropriated all sums of money realized from assessments made on the property adjoining any street or streets improved, out of the sale of bonds herein authorized ; and all sums so assessed and collected shali be paid to the City Treasurer, and he shall pass the same to the credit of a fund to be styled ‘interest and Sinking Fund of Galveston City Bonds for Street Improve- ment f Provided, further. That, in addition to the foregoing special appropriation, there is hereby annually appropriated out of all funds pertaining to the general revenue of the City of Galveston, eleven per cent., which appropriation shall extend to, and be inclusive of the municipal year of 1877; and the Treasurer is hereby directed to pass the said per centum on all payments, as made to him by the collect- ing officers of the City, to the credit of the fund herein- before designated, until the fund so created and provided, together with special assessments herein made a part of this fund, shall equal the sum total of interest and principal accruing and maturing in any one year, when he shall cease to make such transfer from the general fund. Art. 478. [VII.] When there shall remain in the hands of the Treasurer, of the fund created by the foregoing section, an amount not less than two thousand five hundred dollars, and in excess of the next semi-annual payment of interest, it shall then be the duty of the Mayor to advertise proposals to redeem the bonds authorized by this ordinance to the extent of the sum so available; and should the bonds not be offered on terms satisfactory for redemption, it shall then be the duty of the Mayor, in conjuction with the Finance Committee, when the amount has accumulated to the sum of not less than five thousand dollars over and above suffi- cient to pay the next accruing semi-annual interest, to invest the same in United States bonds, which bonds shall be deposited with the Treasurer, and the same shall not be Ill used, or applied, except to pay the interest and principal of the debt created by this Ordinance. Art. 479. [YIII.] Any application of the fund created by the sixth section of this Ordinance, other than that provided for in the sixth section hereof, by the Mayor and Board of Aldermen, or the Treasurer, shall make them individually liable to all the penalties contained in Section 4, Article 3, Title 4, of the City Charter. Art. 480. [IX. | The Mayor and Finance Committee shall provide for the negotiation, sale, or placing of the bonds herein authorized. Art. 481. [X.j Be it further ordained. That this Ordi- nance shall go into effect from and after its passage. CHAPTEE XL VIII. LUMBER INSPECTORS — DUTIES AND POWERS. Whereas, Title 1th, A:^tic]e 3^ Section 25, of the City Charter, authorizes thfe City Council to provide for the inspection and measuring of lumber, shingles, timber, posts and all kinds of building materials, and for the appointment of one or more Measurers, or Inspectors or Measurers thereof Article 482. [L] Therefore, Be it ordained by the City Council of the City of Galveston, That there be, and is hereby created, an office for the suitable classification of all lumber offered for sale within the corporate limits of the C!ty of Galveston, whenever desired by the parties interested in the sale or purchase of the same. Art. 483. [II.J There shall be appointed by the Mayor, with the approval of the City Council, a competent person to fill the office of Lumber Inspector and Measurer, who shall have the power to appoint one or more deputies, sub- ject to the approval of the Board of Aldermen, to act in that capacity, whose duty it shall be to inspect, class, and meas- ure all lumber, when called upon by either the buyer or seller thereof, or both, in the City of Galveston, and determine and establish the quality and quantity thereof, in accord- ance with the standard of measurement which has been, or may hereafter be adopted by the City Council. Art. 484. jllL] Such officer and deputies shall be sworn to the faithful performance of the duties of their office, and shall be duly commissioned by the Mayor. The Inspector and Measurer shall keep an office in the city and give proper notice where he may be found. Art. 485. [IV.] Said officer shall keep a proper record book, wherein he shall make an entry of all lumber inspected. 112 classed and measured by him, giving date thereof, and the names of the persons for whom such work is performed, and give to each party a certificate thereof, when required ^ and re-mark all lumber, when by measurement he or they shall find the same incorrect. Art. 486. [V.] The fees for his services shall be, for classing, measuring and inspection at the rate of fifty cents per thousand feet for the inspection and measurement of lumber, and fifteen cents per thousand for shingles, which shall be paid by the party or parties requesting such classing^ inspection or measurement. Art. 487. [VI.] Before entering upon the duties of his office, the Inspector shall give a bond, and good, solvent, security, in the sum of one thousand dollars, for the faithful performance of his duties. Art. 488. [VIL] All Ordinances, orparts of Ordinances^ conflicting with any of the provisions of this Ordinance, shall be, and the same are hereby r<^pea^ed. Art. 489, [YIII.] That this Ordinance shall go into effect and be in force, from and after its pass%e. Note. — Passed March 28, 1872. Three days haviog elapsed since the passaL^e of this Ordinance, without action on the part of the Mayor, it has, under Article 6, Section 1, Title 3, of the City Charter, become a law without his approval. CHAPTEB XLIX. i OFFICERS — DEFINING^ DUTIES IN RELATION TO IMPROVE- MENT OF STREETS. Approved ARTICLE 490. [L] Be it Ordained by the City Council of April 2, 1872. the City of Galveston, That no street inqirovement, by grading and shelling or paving, shall be undertaken until the Board of Aldermen has, by special resolution, defined the street or streets so to be improved, also the particular kind of imjirovement to be made, whether by grading and shelling, or paving ; and in all such proposed improvements two-thirds of the Board of Aldermen present shall concur. See Chapt. AnT. 491. [II.] When any improvement of a street or I^^s been determined upon, in the manner provided aud^All^s.^^ for in the foregoing section of this Ordinance, it shall then be the duty of the City Engineer to make a careful survey of the street or streets so to be improved, and he shall also make a careful estimate of the cost of such improvement, and shall assess two-thirds of the estimated cost of such work on the real property immediately adjoining and being on either side of such street or streets, not counting the intersection of streets ; and the assessments so made shall 113 be returned to the Board of Aldermen on duplicate rolls, and such rolls shall define the number of the lot or part of lot, and also the number of the block or blocks, and shall give, in detail, the name of the owner or owners of such lots or parts of lots, if to be ascertained, together with the sum so assessed on each lot or part of lot, which assessment and roll shall be approved by the Board of Aldermen, and when So made and approved, shall be held to be a valid assessment on the lot or part of lot named ; and such assessment so made shall be divided into five (5) equal parts — tlie first of which shall be due and payable on completion of the work, and the others annually thereafter, with interest at the rate of ten (10) per cent, per annum, and the interest shall run to the time of collection of each annual installment of principal. Art. 492. [III.J When rolls have been made and ap- X>roved, as provided for in the foregoing section of this Ordidance, that the City Clerk shall then certify the same, one of which shall remain in the Clerk’s office, and the other shall be deposited in the office of the Collector of City Taxes, who shall xiroceed to the collection of assessments and interest as it falls due, giving to the owner or owners, his, her or their agent, thirty (30) days’ written notice that such assessment and interest will be due and payable ; and should any persons fail to pay promptly such assessment and interest, it shall then be the duty of the Collector of Taxes to furnish to the City Attorney a certified copy of the assessment, whereupon he shall enter suit against such delinquent in any court of comx^etent jurisdiction to enforce collection, under the authority and pursuant to the pro- visions contained in Sec. 1, Art. 14, Title YI, of the City Charter, which collections, when so made, shall be returned to the Collector of Taxes; and the said Collector shall pay over to the Treasurer monthly all collections of assessments, and interest, made by him, and shall make monthly a detailed report of such collection of assessments and interest to the Board of Aldermen ; and it shall be the duty of the City Clerk to enter such payment reported opposite the name of the person or persons assessed on the rolls in satisfaction of the assessment. Ab-t. 493. [I Y. I Be it further ordained. That an Ordi- nance ^Ttequiring the Sujierintendent ot Streets to rej)ort to .the City Council a list of all lots adjoining or fronting on Avenues and Streets" which liave been, or shall hereafter be. Improved by Shell,” approved 9th of January, 1872, be and is hereby repealedo 114 CHAPTEE L. QUARANTINE AND HEALTH REHULATIONS. Approved ARTICLE 494. [1.1 Be it Ordained by the City Council of Marchs, 1872 City of Gralveston, That the Health Physician of the City of Galveston shall be also Quarantine Physician of said city ; and it shall also be his duty to keep himself advised of the Sanitary re^ existence of any pestilential, contagious or infectious diseases ulation. at ports from which vessels may arrive, at or be about to sail for the port of Galveston, and to require any such ves- sels to stop at the Quarantine Station now established ; and any master of a vessel violating the order of the Quarantine Physician, shall be fined in a sum not less than one hundred nor more than three hundred dollars, or by imprisonment for three months, or both, at the discretion of the Eecorder. Chapter Art. 495. [II.] Be it further ordained. That the pilots XXXII, on of this port shall notify all vessels coming from ports, Quarantine, (jeeiared infected by the Quarantine Physician, of the exis- tence of the order, and shall bring snch vessels to anchor at the Quarantine Station, or outside the bar, for examina- tion by the Quarantine Physician ; and no vessel, from any infected port, shall be brought to the city by the pilots, or beyond the Quarantine Station, without permit from the Quarantine Physician, and any violation of this provision, by any pilot, shall subject said pilot to a fine of one hundred dollars. Art. 496. [IIL] Thecaptain, master, or person in charge of any boat, steamship, or other craft or vessel which shall come past the Quarantine Station, having on board thereof any person sick with malignant fever, small-pox or other pestilential, contagious or infectious diseases, shall be guilty of a misdemeanor, and shall be i)unished by a fine of not less than one hundred, nor more than three hundred dollars, and imprisonment not less than thirty days. Art. 497. [IV.] It shall be the duty of such captain, master, or person in charge, within three hours after his arrival at Quarantine, to report, in writing, to the Quaran- tine Physician the fact of such sick person being on board, and the name and description of his craft ; and he shall not permit such sick person to land, or be landed, or to com- municate with the shore in any way, until the Health Physician shall give permission ; and any neglect or viola- tion of this provision shall be punished by fine, not less than one hundred dollars. Art. 498. [V.] The owner, driver, conductor, or person in charge of any stage, car, or public conveyance, which shall enter the city, having on board any person sick of a malignant fever, small-pox, or other pestilential, contagious 115 or infections disease, unless such person became sick on the way, and could not be left, shall be deemed guilty of a mis- demeanor, and on conviction thereof, shall be imnished by a fine of not less than fifty nor more than one hundred dollars ; and if any person, so sick, shall be brought into the limits of the city by any public land conveyance, the owner, driver, conductor, or person in charge, shall, within three hours, report in writing, the facts, with the name of the person, and the house where he was put down in the city, to the Health Physician; and any person neglecting to com- ply with this provision, shall, on conviction, be punished by a fine not less than fifty, nor more than one hundred dollars. Aut. 499. [YI.J Any person, who shall bring, or cause to be brought into the city any person, or property of any kind, tainted or infected with malignant fever, small pox, or other pestilential or infectious disease, shall be guilty of a misdemeanor, and on conviction thereof, shall be i)unished by a fine not less than on® hundred dollars, nor more than three hundred dollars, and in default of payment, shall be committed to jail, and be required to work out said fine on the public streets, under the direction of the Street Com- missioner, at the rate ot two dollars for each day’s work. Art. 500. [Yll.j The Health Physician shall have power, by an order in writing for that purpose to be served on the master, captain, or person in charge of any boat, steamboat, steamship, or other ship, vessel or craft that may be suspect- ed by him to have on board any infected or diseased person or x^roperty, to require such boat, vessel, or other craft, to be removed to some certain distance, not less than two miles from the city ; and every such master, captain or per- son in charge of such boat or vessel, who shall fail to remove the same, after being so notified, within five hours from service of notice, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not less than fifty dollars for each day he shall fail to obey said order, and each day’s violation of such order shall be deemed a separate offence. Art. 501. [YIII.] Every keeper of an inn, hotel, tavern, boarding or lodging house,^ in this city, who ^hall have in his house, at any time, any sick guest, traveler or sailor, or other person, shall report the fact, and name of the person, in writing, within six hours after he came to the house, or was taken sick therein; and neglect of this requirement shall subject the keeper of any such house to a fine, not less than ten nor more than fifty dollars. Art. 502. [IX.] Each physician shall report, under his hand, to the Health Physician the name, residence, and disease of every patient whom he shall have sick of any 116 malignant fever, small-pox, or other contagious, infectious or pestilential disease, within six hours after he shall have visited said patient and ascertained the nature of his disease; and any neglect of this requirement by any physician, shall subject the party offending to a fine^ of not less than five nor more than fifty dollars. Art. 503. [X.| The Health Physician shall, when he is informed of the existence of any malignant fever, small-pox, or other pestilential, infectious or contagious diseases, in this city, cause the person effected to be taken to such place as he may designate, for treatment, and the place selected by the physician shall be and become a pest house, as author- ized by Article 2, Title 8th, of the City Charter ; and the Health Physician shall make, and he is hereby clothed with the power to make and enforce, all proper regulations to keep the diseased person isolated from healthy persons, and to prevent intrusion of parties not under his direction and control. Art. 504. [XL] All vessels, arriving at this port from ports declared infected by the Health Physician, shall be visited by him, and if said vessel has a clean bill of health from the port whence she sailed, and has had no disease on board during her passage, she shall be allowed to come to the city without detention ; but in case she has not a clean bill of health from her port of departure, or has had sickness on board during the passage, or at the time of her arrival, she shall be detained at Quarantine, for such time as shall be designated by the Health Physician, and undergo such disinfection as he shall prescribe; and the Health Physician is hereby granted power to examine the master, under oath, as to the health of his vessel, and shall be entitled to demand, and receive, from each vessel visited b}^ him, for the benefit of the Hospital and Quarant;jne Fund, the same charges as are authorized by the act authorizing Quarantine on the coast of Texas, approved August 13, 1870. Art. 505. [XII. ] That this Ordinance take effect and be in force, after the expiration of ten days after its i)ublication. CHAPTEE LI. AN ORDINANCE TO REOULATE CITY SURVEYS AND DEFINE * THE DUTIES OF CITY ENGINEER. Approved ARTICLE 506. [I.] Be it Ordained by the Mayor and Jan. 21, 1867. of the City of Galveston, in Council convened. See Art. I Mayor shall annually appoint, with the approval Title II, of of a majority of the City Council, a City Engineer, who the Charter, shall be a professional engineer, familiar with the use of 117 the compass, transit, level and tlieodolite. He shall, before amend- entering upon the duties of his office, execute a bond, pay- ed "July 19, able to the City of Galveston, with two or more good and 1^71. sufficient securities, in the sum of ten thousand dollars, to be approved by the Mayor, conditioned that said Engineer shall faithfully, correctly and efficiently discharge the duties of his office during the terms of his incumbency; he shall also take and subscribe to an oath of office, before some competent authority, to well and truly, and to the best of his skill and ability, discharge and perform the duties of said office. Art. 507. |”II.] It shall be the first duty of the City Engineer to ascertain the established monuments of the city survey, and from them to extend the surveys of the City, and establish others as provided herein, and from them to locate, establish and survey all private property, and streets and alleys, within the corporate limits of the Corporation of Galveston, when called on or required so to do. Aut. 508. [III.] The original plan and survey known and designated as the ^^Groesbeck Survey,’^ so far as marked by actual measurements, and so far as revived, re-estab- lished and determined l>y the surveys of Tipton Walker, Civil Engineer, under and by resolution and order of the City Council of Galveston, shall be and is hereby affirmed and established as the true city survey of the City of Galveston. The theory of snrvey and plot, as marked on Sandusky’s Map, as to the dimensions of blocks and lots, and width of streets and alleys, is also confirmed in each and every particular, with the exception that the street known and designated as Avenue B, or Strand street, is eighty feet in width, instead of seventy feet, as marked thereon. Art. 509. [IV.] It shall be the duty of the City Engineer to procure for his office and use, as property of the City, and at the expense thereof, two suitable record books, one to be used for the record and illustration, by suitable drawings of all city work done b}^ him, pertaining to grades, streets, alleys, side-walks, sewers, drains, ditches, public squares, parks, water works, or any other public work ; the Other for recording all private surveys. It shall be his duty to superintend the construction of five or more measuring rods, of twenty feet in length, of suitable wood, to have metal ferules at each end, and he shall graduate them according to the standard measurement of the Groesbeck Survey. He shall have full control and custody of, and be responsible for, all the engineering instruments, drawings, 118 rulers, measuring rods, chains, record books, maps, plans, tables, office furniture, and all otberproperty in any manner appertaining to the office of City Engineer, and shall receipt for them by Inventory, and return them to the Mayor or City Council, or to his successor on leaving his office. Suitable rooms shall be furnished for his official use at the cost of the City. It shall not be lawful for the City Engineer to be absent from the City at a longer period than one week during any given time, without special leave of absence from the Mayor. He shall have full power and authority to appoint a compe- tent engineer as his deputy, whose certilicate shall be official and binding in case of the chiefs absence or dis- ability. The said City Engineer shall be responsible, under his bond of office, for ail official acts of his deputy ; and said Deputy Engineer be required to take and subscribe to a like oath of office, before entering upon the discharge of his duties, as is herebv required of the Engineer and said Deputy Engineer, and file the same with the Clerk of the City Council. Art. 510. [V.] That whenever called on by an owner, agent or lessee of any property within the corporate limits of said City, to survey lines or boundaries, said City Engi- neer shall, as soon as practicable, proceed to make the required survey thereof, measuring from the nearest estab- lished monument or initial points. Said Engineer shall also establish such other monument or initial points at the intersection of such streets as may be deemed necessary by the City Council, to remain as permanent monuments for future reference and guidance. Said monuments or initial X)oints so established, shall not be altered or disturbed by any person or persons under a penalty of not less than fifty dollars, to be recovered before any court of competent authority. Art. 511. [VI. J The City Engineer is hereby authorized to charge not exceeding two cents per running foot, for the measuring of any block, lot, or parcel of ground, counting from the nearest monument or initial point ; Provided, that in no case shall the fees for surveying any one lot exceed the sum of tw^enty-five dollars. Art. 512. [VII.] That the City Engineer shall run a sufficient set of levels, at least on alternate streets through the City, and project said levels on proper level paper, of uniform scale, with the view to the establishment of the proper grades and drainage of the City. Art. 513. [VIII.] That, in giving the grade of a block or lot for any purpose, the Engineer shall mark the grades on or near the corner post or stake, in such manner that the refer- 119 euce may be had easily without*their displacement. In run- ning the lines of level, as above, the Engineer shall establish bench marks at all intersections, checking upon the same until they agree ; he will also establish two or more perma- nent bench marks at mean high tide, for reference of his datum line for all levels. All bench marks shall be regis- tered in the proper record book, and numbered with the number of the block upon which it is made. Akt. 514. [IX.] That the annual compensation for As amend- salary of said City Engineer shall be the sum of twelve ed July 19, hundred dollars, payable at the end of each month, in full payment for all field or office work done under orders from the Mayor and City Council, or proper committees, in addition to the actual expenses incurred in the employment of rodmen, and labor employed in prosecuting the work, except for surveying and establishing monuments or initial points, which shall be paid for at a rate not exceeding that herein specified for private surveys. Akt. 515. [X.] All accounts for corporation v/ork mmst be certified to by the City Engineer, or his Deputy, and audited before payment. Art. 516. [XI.] It shall be the duty of the Chief Engineer, and in his absence or disability the Deputy Engineer, to attend the meetings of the Council when required, and he shall report from time to time the condi- tion and progress of all public works under his supervision and control, needing special attention, and also make suitable reports to the City Council when specially directed or required by the Mayor or City Council. Art. 517. [XII.] That Chapter XY, of revised code of the City Ordinances, approved January 8th, 1857, entitled an ordinance, ^‘concerning the office of the City Surveyor,^’ be and the same is hereby repealed. CHAPTEE LII. ON TAXES. An Ordinance to amend Sections first and fifty-first of “ An Approved Ordinance to establish an uniform rate of license taxes on March 5, 1872 professions, callings, and other business, occupations, and on carriages, hacks, drays, and other vehicles,” approved July 5th, 1871. Article 518. [I.] Be it ordained by the City Council of the City of Galveston, That the first section of the above recited Ordinance be so amended as to read as follows: “ That from and after the passage of this Ordinance every person, or firm, or corporation, being engaged in, or about 120 to commence any of the professions, callings, or business occupations liereinafter named, shall pay a license tax, as herein specifically set forth ; Provided, that all licenses here- tofore issued shall be deemed and held to be good until such license shall expire by limitation ; and Provided, further, that no license shall issue for a longer period than one year^ or for a less period than three months, and shall not be transferable, except by permission of the City Council. As amend- A.RT. 519. [II.J Be it further ordained. That the fifty- ed by Ordi- first Section of the above recited Ordinance be so amended ^ oved March follows : That it shall be the duty of the 29 187-2. Treasurer to keep an accurate account of all ]3ersons pur- suing any occupation for Avhich a license is required by this Ordinance, in proper book'll, showing nature of occupation ^ amount of license, when paid, for what time and when due; and when any license tax falls due, he shall notify the per- son owing the same that the same is due, by a written notice delivered at hiy place of business, or through the post-office, stating in said notice the amount of tax, the date the same tails due, and the place where the same must be paid, and notifying the person to appear at his desk, within ten days from date of liotice and pay said tax. Provided, that it shall not be necessary to give such notice to parties just com- mencing business, or to parties doing simply a transient business such as peddling, &c. And in case any person, owing a license tax, after being so notified, shall neglect to appear within, the time specified in said notice, and pay the tax, and obtain his license, the s^id Treasurer, or his clerk, shall hand the name and residence of the defaulting tax payer to the Chief of Police of the city ; and it shall be the duty of the Chief of Police, to whom said name and resi- dence is handed, to make the j>roper complaint before the Eecorder.’^ Art. 520. [III.] Be it further ordained. That the clause in Section 49, of the above recited Ordinance, appropriating one-half of the penalty, adjudged by the Eecorder, to the m- former, be and the same is hereby repealed. Art. 521. [lY.j That this Ordinance take effect, and be in force, after due publication. An Ordinance levying an ad valorem and poll tax, directing the assessment of the same, and making an appropriation of a portion thereof, and aj)pointing a board of appraise- ment. Approved Art. 522. [L] Be it Ordained by the City Council of the April 2, 1872. City of Galvestoii, That there is hereby levied for general * purposes, for the current municipal year, on all property, 121 real and personal, held and owned within the limits of said city on the 1st day of March, A. D. 1872, a tax of one (1) per ceritiiin upon the assessed value of the same; Provided, nevertheless, that this levy shall not extend to any pro- perty, or embrace any assessment upon any property, exempt from taxation by the Constitution of the State or the City Charter. Art. 523. [II.] Be it further ordained. That a poll tax of one dollar is hereby levied on each and every male person who was twenty-one years of age and upward, and who was resident of this city on and for one year preceding the 1st day of Marcli, 1872. Art. 524. [III.] Be it further ordained. That three Commissions be apx)ointed, by the Mayor with the approval of the City Council, who shall constitute a Board of Appraise- ment for the purpose of taxation, agreeably to the City Charter. Art. 525. [IV.] All property held or owned as aforesaid within said city, sliall be rendered for taxation by the owner, agent, controller or manager thereof, aiul the taxes hereby levied thereon, together with the said poll tax, shall be assessed, and collected, according to the terms of the City Charter, and such ordinance or ordinances as may hereafter be passed in relation thereto, and subject to such penalties as may be prescribed therein. Art. 52G. [V.] The City Treasurer shall, out of the one per centum tax hereby levied, lay aside and reserve one- fourth of the same as it shall pass into the treasury, until the amount thus laid by shall be sufficient to cover the l)rincipal and interest of all the Bridge Bonds,’^ (commonly so called) falling due and becoming ijayable within the present municipal year; and, also, one year’s interest on all out-standing Bridge Bonds aforesaid ; which amount so laid by, shall be held by the Treasurer as a special deposit for the purpose of making payments of the amounts desired to be covered as aforesaid. Art. 527. |VI.] Tliis Ordinance shall take effect, and be in force, from and after its passage. 123 INDEX. Article. ALDERMEN ; Must reside in ward fur which he is elected 1 Committee on elections, how formed 2 Duties of committees, how formed 3 Qualification of Aldermen 4 ALLEYS : To be graded 46.5 To be filled by the owners of adjoining lots 466 Punishment for failure to fill up when notified 467 Concerning lots owned by non-residents 468 When may be closed 469 Parties obstructing liable to a fine 470 Repealing other ordinances on alleys 441 (See Streets, Side- walks and Alievs.) ANIMALS : Running at large prohibited 5 Dogs running at large to be killed 6 Impounding animals 7 — 8 Owners may redeem when 9 To be killed when 10 Licensed dogs excepted 11 Dog licenses 1*2 Application of ordinance to horses and cattle restricted 13 — 14 Keeping swine and goats in certain limits prohibited 15 — 16 Abuse of animals prohibited 17 Driving cattle in streets prohibited 18 Punishment for 19 ASSESSOR OF TAXES : Oath and bond of 22 To publish notice 22 Tax payers to return property to 22 Assessment roll 22 Excessive assessment, how corrected 23 Duties of Assessor 23 (See Taxes.) BAWDY-HOUSES : (See public peace. ) BAR-ROOMS : . Keeping open after 12 o’clock p. M., prohibited 32 Punishment for violation of ordinance 32 BATEHNG LIMITS: In nude state on wharves and docks prohibited 33 Prohibiting in certain limits on Gulf shore ' 34 Punishment 35 BIDDERS AT TAX SALES : Punishment for not paying bid 27 BILLIARD TABLES : (See Public Peace.) BONDS AND DEBTS OF THE CITY : (See city bonds and harbor improvement bonds.) Authorizing engraving of 36 124 mDTSX. Shall mature when 37 Amount payable each year not to exceed $30,000 37" Amount to be issued 38 To be sold in open market 39^ Scrip holders may purchase bonds with scrip — 49 Sixteen per cent, of general fund appropriated to pay 41 Treasurer to keep accounts 42 Faith of cit 3 " pledged for payment of 43 Matured coupons to be paid by Treasurer 44 Mayor and Treasurer to sign 45 Certificates of indebtedness lo issue - 45 Certificates to be given for outstanding debts.? 47 Mayor to have bonds engraved 48 Amount to be issued 49 Form of . 59 Four per cent, of general fund appropriated to pay interest and create sinking fund 52 Duties of Treasurer in relation to - 53 Officers to be personally responsible for misapplication of the fund 54 Mayor and Aldermen to sell the bonds 55 BRIDGES AND BRIDGE BONDS ; Mayor authorized to contract with G.y H, & H. R. R. Company to erect bridges.' 55 Manner of executing contract 57 — 61 Providing for collection of tax 61 Payment of 62 BROADWAY : (See streets, sidewalks and alleys.) CATTLE, (See Animals.) CEMETERIES; Deeds for lots to he printed Proceeds of lots sold to be credited to cemetery fund . . .. Superintendent to be appointed Sexton to prepare the graves Lots 71 and 80 in section 1 designated as] Maimer of laying off, dividing and selling Sexton to keep a register Sexton to require a certificate before interring To keep a record book City clerk to transcribe and publish sexton^s report Bodies not to be disinterred Punishment for injuring tombstones, &c., CITY ATTORNEY : Employment of Duties of Compensation of. CITY BONDS : (See Bonds.) The Maj^or authorized to have printed Concerning interest on bonds, and when payable How signed and seal affixed Concerning street improvements! To create a sinking fund Concerning the redemption of the bonds Concerning penalties..., Mayor and finance committee to provide for sale of bonds CITY ENGINEER; iJ uties of Establishment of initial points in streets Fees for surveying fixed 67 ..w 68 69 79 .... 63 64— 65 .... 73 78 80 .... 81 .... 82 85 85 ..... 87 88 473 .474 .476 .477 .478 .479 .480 506 507 511 / INDEX. 125 Article. Drainage of the city 512 Compensation of 513 Repealing ehapter XV concerning city surveyor 516 Appointments of engineer 505 Groesbeck survey affirmed and established as the true survey of the citv of Galveston 508 CITY SURVEYOR : (See City Engineer.) CIRCUSES : (See Shows.) COUNTY ATTORNEY : Collecting tees in Recorder’s Court prohibited, and officers pro: hibited from allowing fees 89 Penalties for officers allowing fees 90 COLLECTOR OF TAXES: Oath and bond of 21 To give notice and demand payment - 25 To levy on and sell property for taxes 26 Property resold when, bidders punished for not paying bid 27 To issue certificate of purchase , 28 Shall prepare roll of unpaid taxes due 29 Shall make final report annually 31 CHIEF OF POLICE, DUTIES OF: (See Police Regulations ) Co*nnen«ation of: (See Officers.) DIVISION FENCES : Concerning erection of 93 Penalt}^ for neglect or failure 94 Owners of vacant lots excepted 95 DRIVING : (See Hacks, Drays, etc.) (See Wharves.) DRAYS: (See Taxes.) (See Hacks, Dravs and Other Vehicles.) DOGS : (See Animals.) DANCE-HOUSE : (See Public Peace.) ELECTIONS; Committee on, how formed 2 Duties of committee 3 ENGINEERS : (See Fire Engine Department.) ESPLANADE : (See Streets and Sidewalks.) EXHIBITIONS : (See Shows, Circuses, etc.) FENCES : (See Division Fences.) FINANCES : (See Bonds, and City Bonds.) Concerning payment of indebtedness to the city 96 All monies recieved on aecount of the city to be paid into the city treasury • 97 FIRES— PREVENTION AND EXTINGUISHMENT OF : How alarm shall be given 98 Penalty for false alarm 99 Penalty for refusing to remove combustible material lOQ Penalty for discharging fire arms within the city limits 101 Penalty for carrying coals and brands, except in a covered vessel. 102 Penalty for building fires in any yard, alley and street 103 Concerning erection of stoves, etc 104 Platform for same of stone, brick, etc 106 Concerning the keeping of fire buckets 107 Quantity of gunpowder and fire-works limited 108 Organizing a fire brigade 109 Duties of 110 Destroying houses w'hen necessary Ill Assistant engineer to preside at mt?etings 112 Mayor to procure tools, implements, '^tc.. " 113 126 INDEX. Article. Mayor empowered to direct fire police 114 Penalty for interfering with fire police llfi Mayoj- empowered to protect rights and property 116 FIRE ENGINE DEPARTMENT : Election of officers 117 Duties of chief engineer 118 Duties of second engineer 119 Duties of third engineer 120 Duties of foreman 121 Duties of assistant foreman 122 Duties of firemen 123 Chief engineer to report to the city council 124 City council to remove any member of fire police 125 Firemen to provide firemeffis caps 126 Expenditures to be made under the direction of chief engineer... i27 Penalty for taking tools, apparatus, etc 128 A company of axemen organized 129 Equipmeu t of 130 Racing not allowed 131 Drivers held responsible for carelessness ..132 Companies to be furnished with copy of fire ordinance 134 Officers and members forbidden to make purchases, etc 135 Not to drive over the hose of engine 136 Horses required to be exercised daily 137 Mayor authorized to purchase tools, etc 138 Mayor authorized to sell house and lot on Mechanic street 139 FIRE LIMITS : Erection of wooden buildings within certain limits unlav^Tul 140 Roof and walls to be of fire-proof material 141 Repairing wooden buildings prohibited, except by permit from the Mayor 142 Buildings — when declared a nuisance 143 Any building complained of as dangerous to be inspected 144 Penalty of violating first section of ordinance 145 Penalty for violating third section of ordinance 146 Fines — to whom paid 147 Mayor to be notified in writing of desire to repair wooden buildings-148 All ordinances in conflict repealed 149 Duty of the chief of police 150, GAS: Authorizing James McLean and others to lay gas pipes, etc 151 Regulations concerning the laying of gas pipes 152 City furnished at same price as individuals ‘ .. .153 Price fixed 154 Temporal^ failure not to work^forfeiture 155 Mayor authorized to sign contract 156 Laying pipe, conditions of 157 Mayor to issue permits 158 City to purchase, etc 159 Erection of works east of Thirty-third street prohibited 160 GAMING TABLES; (See Public Peace.) ' GOATS : (See Animals.) HACKS, DRAYS AND VEHICLES : License to be obtained before using 161 Bond to be executed — terms of 161 Failure to give bond punished 161 Duties of Mayor and Clerk in issuing license 16r2 IITOEX. 127 When to be renewed Licence — when paid for— how numbered, etc Responsible for persons using license Penalty for using false numbers ^ Penalty for neglect to repair numbers Penalty for fast driving through* the streets Draymen, etc., to take right side of streets ... Draymen, etc., to render assistance in case of accident Penalty for driving on sidewalks Penalty for refusal to transport merchandise Draymen, etc., required to take full load Fuli load defined Prices defined Prices defined for drivers of hackney coaches Placing vehicles to obstruct streets prohibited How fines shall be recovered HARBOR IMPROVEMENT BONDS : Appointment of a board Board empowered to employ assistance Board to correspond, and procure maps Plan of work submitted to the city councih Estimate of funds required, examined by city council... Board to keep account of all expenditures Bonds, Mayor authorized to have engraved Limits of value fixed, etc Interest provided for — sinking fund created Fund a special deposit with the Treasurer Proposals from holders invited Treasurer to file list of coupons with City Clerk Treasurer to report to finance committee Board empowered to employ a clerk Board empowered to allow a salary Article. 163 164 165 166 167 168 169 170 171 172 173 173 174 175 176 177 178 179 180 181 182 183 ,184 185 186 ,187 .187 188 189 .190 .190 HARBOR AND HARBOR MASTER : Wrecks brought into the harbor prohibited 191 Casting obstructions into the harbor prohibited 192 Harbor Master to place, and remove ships, etc., in the harbor... 193 Harbor Master to enforce execution of bylaw^s and ordinances... 194 Ballast to be landed on shore 195 Combustibles not to be heated on board vessels 195 Vessels to be moored within twenty-four hours 196 Regulations for vessels in harbor 197 Penalties for violation of ordinances 198 Extending of wharf beyond a depth of twelve feet prohibited... 199 Penalty imposed 199 HEALTH REGULATIONS : (See sanitary regulations.) (See quarantine.) HEALTH PHYSICIAN : (See quarantine.) HOSPITAL : Persons suspected of disease sent to city hospital : 200 Tainted goods to be destroyed 200 Resident physician in charge of hospital 201 Resident physician to appoint house surgeon 201 Salary fixed by city council, etc 201 Hospital fees — where paid 202 Keeping any other hospital prohibited within certain limits 203 Fine fixed for so doing * 203 Duty of Mayor to remove patients to hospital 204 128 INDEX. Articlk. Ph.>/sieian to admit Mayor, Committee, Aldermen, etc 205 Failure so to do, a vioiarioii ot contract 205 Mayor to issue permits - *^0G Receiving paupers and ccAinty patients proliibited 20G .Ward set apart for eye, throat. and ear 207 Physician for said ward appointed 208^ No compensation for services 208 HOUSES: How numbered north and south - 209 How numbered east and west ^19 Fifty numbers assigned to each block.. HOGS : (See animals.) ILL^FAME : (See Public Peace.) INSPECTORS : Health inspectors. (See Officers.) (See Lumber Inspectors.) LAMPS : (See Streets and Side-walks.) LICENSE: (See Taxes.) LUMBER INSPECTORS : Office created for classification of lumber ............482 Appointment of, by the mayor. 485 Officer commissioned by the mayor 484 Office kept in the city 484 Officer to keep a record book 485 To re-mark lumber, etc 485 Rate of fees fixed - * 486 Inspector to give bond and security 487 Ordinances in conflict with repealed 488 MAYOR : Compensation of (See Officers) Qualifications of (See Aldermen) 4 MARKETS : Meats of all kinds to be brought to markets 21 1 Penaltj^ for selling meats &c., elsewhere 211 Hour fixed for opening in summer 212 Hour fixed for opening in winter 212 Articles to be sold at stalls, specified 212 Sale of other things at stalls prohibited 213 Price of stalls fixed by City Council 214 Respective value, specified 214 Stalls and stands sold at public auction &c., 214 Cleaning and Lighting of the market offered to the lowest bidder 215 Contractor to give bond 215 Encumbering the passage way in market prohibited 216 Penalty fixed 216 Interfering with ropes, tackle, &c., prohibited 217 Penalty fixed 217 Injury to planks used as counters, prohibited 218 Sale of tainted meat prohibited 219 Fine imposed 219 Privilege granted to sell in streets 229 Limits of streets to sell in defined 229 Chief of Police to regulate position of tables, &c., 229 Sum paid for the use of the city 229 Permission to give up stall 221 Condition of granting privilege 222 INDEX. 129 Article . Taking round for sale in wagons, &c., not prohibited 222 City Council to grant market privilege in the city, &c., 223 Each butcher to pay $100 per year 223 MULES: (See Animals.) NIGHT WATCH: (See Police Regulations ) NUISANCES : Erection of Privys prohibited within certain limits 224 Removal of, when necessary 22jt Direction for keeping, penalty for violation 225 Removal of contents prohibited in certain seasons 226 Directions prescribed by Mayor, Board of Health, &c 226 Removal within certain hoars of the night 220 Depositing or leaving any carcass, &c., in streets, p rohibited. ...227 Plate for such purpose designated by the Mayor 227 Carcasses, &c., prohibited from remaining in hous , lot, &c 227 Every owner to remove any dead animal 229 Fine for relusal so to do ..226 No factory, butchery, &c., to be erected, if deemed a nuisance. ..231 Fine for violation 231 Discharging into the streets any offensive substance prohibited. 230 Fine for violation i 230 Every owner, d^.o., of a Wharf, to keep the Docks, A.c., clear 232 Penalty for violation 232 Vessels containing stagnant water declared a nuisance 233 Owners to have cleaned and purified 233 Penalt^^ for violation 233 Introduction of infected articles into the city prohibited 234 Fine for violation 234 How fines to be recoverable 235 Skinning and leaving any dead animal prohibited^ 236 Fine for violation 236 OFFICERS : Compensation of Chief of Police 237 Compensation payable in monthly payments 237 of Superintendent of Streets 237 of Recorder 237 of Harbor Master 237 of Assessor 238 Chief of Police to give bond 239 Compensation of City Clerk 239 of City Engineer 239 of City Treasurer 239 of City Collector 239 of Mayor 239 of Aldermen 239 of City Sexton 240 of Deputy Chief of Police 241 of Sergeant of Police 241 of Patrolmen '. 241 of Detectives 241 of Chief of Fire Department 241 of Fire Engineers 241 of Stokers 241 of Engine House Keepers 241 of Hospital Physician 241 of Health Physician 241 of Health Inspectors 241 OIL : (See Petroleum.) 130 INDEX. Article. ORDINANCES : Form of enacting clause 242 Rule applied to resolutions having the force of ordinances 242 Ordinances not repealed by general terms 243 Title, date and number given 243 Ordinances amended by particular sections designated 244 No repealed ordinance to be revived 245 How wards are to be used 246 Ordinances to be revised and printed 247 Person appointed to make a digest 248 Salary for work fixed 248 Plan of digest 249 Each chapter submitted to the council 250 Work to be bound 250 Each ofScer to receipt for a copy 250 Stationery furnished 251 How paid for 251 PETROLEUM, &c. : Storage of in certain quantities prohibited 252 Buildings for manufactories to be inspected 253 Certificate of building required 253 Certificate returned to Mayor for approval 254 Mayor authorized to issue certificate 254 Holders of certificate to allow inspection of promises 255 Persons designated by the Mayor to make inspection .^255 Certificate prohibited to building occupied in part as dw’elling house 256 Fine for violation of ordinance 257 Fine for continuation of violation 258 POLICE REGULATIONS : Duties of policemen 259 Penalty for interfering with chief of police 260 ‘ V ith other police officers 260 Chief of police to report monthly to the city council 261 Policemen provided with proper arms, &c... 261 Chief of police to enforce penalties 262 Persons prohibited from using the police whistle 263 Fine for violation of ordinance 263 PORT WARDENS : Appointment of 264 Oath to be taken 265 Duties of. 266 Ships prohibited from breaking bulk, &c 267 Fees for services .268 Port Wardens required in attendance in certain cases 269 Removal from office for failure in duty 270 PRACTICE : Proceedings before Recorder, how instituted 271 How process shall be executed 272 City clerk to keep a ducket 273 Process issued upon application of complainant 274 By whom served 274 Summoning of a jury 275 Recorder to discriminate in the infliction of penalty 276 No fine to be less than one dollar 276 Fines paid into the city treasury • 277 Recorder empowered to remit fine 278 Imprisonment for failure to paj^fine 279 INDEX. 131 Article, PUBLIC PEACE : Keepers of coffee house, restaurants, &c., duties of 280 Penalty for violation of ordinance 280 for repetition of violation 280 Duties of chief of police 281 Powers of ” ’’ Fightino-, riotous and disorderly conduct prohibited 282 Bond to be given 282 Disturbing religions and other meetings punished 283 Playing at cards and dice for money prohibited 284 Prohibiting the keeping ot gaming tables, &c 285 Punishment for violation 285 Punishment for betting, &c 286 ” for vagrants, disorderly persons, *fec 287 for persons of evil life, ill-fame, &c 287 Ee order to appoint a keeper 288 Provisions to be furnished 288 Bawdy house, or house of ill-fame, unlawful within certain limits, 289 Penalty for keeping 289 Penalty for renting house for prostitution 290 Public dance house not to be kept without a permit ..291 Policemen to attend balls at public dance house 292 License to be obtained 292 Bond to be given 292 Riots and disturbance immediately suppressed 293 House to be closed on refusal to com];)ly 293 PUBLIC SQUARES: Block 310 to be enclosed, &c 291 Block 320 planted with trees 294 Appropriation to defray expense 295 Mayor to issue his warrant 295 PUBLIC SCALES: (See Scales.) POUNDS: (See Animals.) QUARANTINE: Vessels arriving subject to regulations.- 296 Quarantine anchorage 297 Time of remaining 297 Governor’s proclamation to prescribe time 297 Health officer appointed 298 Persons to answer under oath 298 Health officer to give written permit 299 No lighter, etc., employed without a permit 300 Mails to bo landed as soon as safe 300 Officer in command to report to health officer.. 301 Vessel to be fumigated when required... 302 Bedding, clothing, etc,., destroyed when necessary ..303 Giving false information prohibited 304 Penalty for violation 304 Penalty for interference with health officer 305 Masters of vessels punished for neglect, etc 306 Persons to stand committed 307 Fine for pilots violating ordinance 308 Health physician to be quarantine physician 494 Duties of." '--1 494 Pilots to notify vessels 495 Pilots fined for violation.. 495 Penalty for captain, master, etc., offending 496 Captain to report in writing to quarantine physician 497 Drivers, conductors, etc., to report cases of sickness 498 132 OBEX. Article. Fine for omission 498 Fine for bringing tainted property into the city 499 Powers of health physician 500 Keepers of hotels, inns, etc., to report illness 501 Each physician to report to health physician 502 To he taken to a pest-house 50^1 Kept isolated from healthy persons... 50:i Health physician to visit vessels ^ 504 Charges allowed 504 RACING: (See Hacks, Drays, &c.) RECORDER : Qualifications of : (See Aldermen.) Compensition of: (See Officers.) Duties of: (See Practice.) RIDING : (See Hacks, Drays, &c.) (See Wharves.) SANITARY REGULATIONS: City Council to appoint Health Inspectors 309* Duties of 309 Compensation fixed by the City Council ..319 Keepers of hotels, &c. to report to Health Officer 311 Powers of Health Physician 312 Premises to be inspected 313 Constructing vaults, sinks, &c 314 Removal of anything dangerous to health, &c 315 Births, deaths and burials, ascertaining number of 315 Number of marriages 316 Issuing general rules 317 Fines, when liable to 318 Duty of Chief of Police 319 Expenses incurred by Health Physician 329 Stagnant water, &-c., declared a nuisance 321 Lots to be filled, houses raised, &c..._ 322 Owners required to cleanse and purify 323 All notices to be in writing, how served 324 Street Commissioner to have work done in certain cases 325 Owner to be charged with expense 325 Account delivered to attorney for collection 326 SCALES : Privilege granted to Charles Lemmerman 327 City Council to fix scale of y^rices 327 SLAUGHTER-HOUSES AND YARDS : Not allowed within the city limits.- 328 Fresh meat only to be kept in market house 328 Declared a nuisance 'within city limits - 329 No offensive trade to be carried on in the city limits 339 All such declared a nuisance 339 Each day adjudged a separate offence 331 Punishment for offending 332 Recorder to issue a writ to chief of police 333 Chief of police ordered to abate the same 333 SEXTON : Compensation of. (See officers.) Duties of: (See Cemeteries.) SHOWS, CIRCUSES AND OTHER EXHIBITIONS : Three policemen employed to attend .334 Fine for refusal to employ police 334 Chief of police to designate officers 335 INDEX. 133 STREETS, SIDEWALKS, AND ALLEYS ; Extending and opening to the channel Encumbering and obstructing streets unlawful Duty of Mayor to have removed Buildings not to encroach on streets and sidewalks Width of sidewalks Balcony not to project over sidewalks Privilege of extending an awning — conditions of Trees and posts, how to be planted Bricks, timber, &c., how to be laid in streets Not to obstruct the drainage of r^treets Penalty for encumbering strcei or jidev/alk Chief of police to remove obstructions Articles to be sold if not called for Sidew'alks to be kept free of weeds Owners to keep up their sidewalks ■ Lanes and alleys not to be thoroughfares Construction of pavements and sidewalks, how done Slieds and awnings not to obstruct the gas lamps Fine for obstructing lamps City engineer to detine grade of sidewalks Street commissioner to be furnished with estimate of cost Owners of lots to be furnished with notice Superintendent of streets to have work completed Owners recpiired to pay for same Penalty for refusal to pay Two-thirds of owimrs to t|ecide on material, &c Gutters to be laid, how List of streets to be graded and shelled Mayor to advertise for proposals for shell City engineer directed to fix grade Assessment payable in five pa^^ments Assessments collected paid into the treasury Payment to be made in bonds of the city Space reserved on Broad w’ay for esplanade Unlawful to encumher said space Driving, &c., prohibited, when trees shall be planted Fine for violation Method of enclosing esplanade Owners to keep sidewalks clean, &c Fine for violation No earth to be removed without consent of owner Earth not to be removed without cousent of city council., Fine imposed ‘ City engineer to make survey Streets raised, sidewalks constructed Each owuer to fill lot to level of grade Persons building to have lot surveyed Fine for failure to fill lot *** line for failure to raise house when required STREET SUPERINTENDENT: To subscribe to au oath Duties of Shall receipt for sand, shell, etc Shall supervise construction of street raiiways^^.^^........ ohall report violations of contract of city council Shall report list of lots, etc Estimate of expense entered on said list Lots improved by shell, cost of ' APwTICLE. 336 337 337 338 339 340 341 34-2 343 344 345 346 346 347 348 349 350 351 352 353 354 355 356 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 ........381 .382 .383 .384 .385 .386 ,387 ,388 ,389 134 INDEX. Article. IMPEOVEMENT OF STREETS : Shall be undertaken when 490 Two-thirds of board of aldermen shall concur 490 City en