Revised Book of Ordinances 1869 TtIE
REVISED ORDINANCES
CITY OF DUBUQUE,
ACTS OF CONGRESS AND LAWS
OF WISCONSIN AND IOWA
A LIST 0F OFFICERS,
Rules and Regulations of the City Council.
AN ACT OF COI GRESS
or ~r U~T~D s'rA~S
LAYING OFF THE TOWN OF DUBUQUE,
~ r la in off the towns of F~)r~ ~J[adison and Burlington,
_~2I AG~ fo Y~g ..... ~, -~a t~wns of Belloview, Du ~uque,
Be i~ enacted by ~he senate and hous~ of reproseu~a~ives of the
~nited S~tes of America in congress ~s~emblcd, Thai the ~rac~s
of laud in the ten'itory of Wisconsin, including thc ~owns of For1
~adison and Burlington, in the county of Des ~[oinos: Belloview,
Du Buque, and Peru, in the county of ~u Buque: and ~inerM Point.,
in the coun;y of Iowa, shalk under the direction o1' the surveyor
general of the public lands, bo laid off into town lo~s. s~reers,
enucs, and ~he lots for public usc called thepublic squ~res, and into
out-lots, having regard to tho lots and s[rce~s already surveyed, in
such manner and of such dimensions as he may ~hink proper for
~he public good and thc equitable rights o~ ~he set~lers ~nd occu-
pants of ~he said ~owns; Provided. ~he ;rac;s of land so ;o' be laid
offinto ;own lo~s &c., shall not exceed *he quantity of one entire sec-
tion, nor ;he ;own lo;s one-half of an acre: nor shall ~he outdo;s ex-
ceed ~he quan~i~y of four acres each. When the survey of the lots shall
be cempleted, a plat ~hereof shall be rernrned to ~he secretary of
the treasury~ and within six months ~hereaf~er the lots shall be
offered to ~ho highes~ bidder. ~ public sale. under the direc;ion of
the presidcn~ of the ~nited Sta~es. and s; such o;her ;lines as he
shall thinkpropcr; Provided, Tha~ no ;own lot shall be sold for
h n hve dollars' And~rovid ed further ~lmt a quan~i~y
of la,id of proper width, on the river banks, a~ ~he towns ox
4
ACTS OF CONORESS AND LAWS.
:M~adison. Belleview. ~Burling~on, ])u Baque and Peru, and running
with tho said rivers the whole length of said towns, shall be reser-
ved from sale. (as shall also the public squares) for pubiic use, and
remain for ever for public use, as public highways, and for other
pubHc uses.
~ 2. And be it further enacted, That it shall be the du~y of the
said surveyor ~o class the ]o~s already surveyed in the said towns
of Fort ~adison. Burlington. Belleview. Da ~uque, Peru and ~in-
eral Poin~ in~o three ~lasses. according ~o ihs relative value there-
of; on acconnt of situation and eligibility for business, without
gard however is ihs improvements made thereon; and previous to
the sale of said lots as a~ores&id, each and every person or persons
or his. her. or their legal representatives, who shall heretofore have
obtained tkom the agen; of the United Sta~es a permit ;o occupy
any lot or lots in the said zowns, or who shall have. by building or
enclosure, actually occupied 9r nnproved any lot or lots in the said
;owns, or within thc trabts of land hereby authorized to be laid off
into town lots, shall be permitted ~o purchase such lo~ or lo~s by
paymg therefor, in cash, if:%he same fall within ihs first class as
aibresaid, a; the ra;c of for~y dollars per acre: if within the second
class, at the rate of twen;y dollars per acre; and if within tko
third class at ~he rate of ~en dollars per acre: Provided, That no
one of the persons aforesaid shall be permitted ~o purchase, by au-
thority of ibis section, more than one acre of ground ;o embrace
improvem.en~s ah~dady made.
~ 3. And be it further enacted. That the stun of three thousand
dollars be. and the same is hereby appropriated, ~o be paid out of
any money iii the treasury noz otherwise appropriated, to defray
~he exp~n~es of surveying the lands covering the said towns of
Fdrf'~ad[son, ~urllng;on. Belleview. Du Buque: Peru and ~ineral
Poln;.
APrROYE~: JvzY 2. 1836.
AN ACfP to amend an ac; entitled "An act for laying off the towns of
Fort Madison and Burlington, in the county of ])es Moines slid the
towns of Belleview, Du tluque and Peru, in tlie county of l)u Buque,
and Mineral Point in the county of Iowa, territory of Wisconsin,
and for ether purposes, ~ aloprove~ July 2nd, 1886.
Be it enacted by the senate and~ouse of representatives of the
United ~t~t~s of America in corgr~ss assembled. T-hat all acts and
CP£Y OF DUBUQUE.
5
duties required ~o be done and performed by the surveyor for the
territory of Wisconsin. under the ac; to which this is an amend-
men;. shall be done by a board of commissioners of three in num~
bet, any t]wo of whom shall be a quorum ;6 do business; said eom-
missioners ;o l~e appointed by the president of ';he United States:
and shall,, previous '~o their entering upon tho discharge of theh'
duties, take an oath or affirmation to pez;forra, the same faithfully
and impartially: Provided. That the action of the commissioners
appointed under the presen; ac; shall not interfere with any of the
ac;s performed by the surveyor general, prior to the time of tho
passage hereof, in pursuance of instructions under tho act to which
this is amcndatory.
§ 2. And ~be it fln'ther enacted. Tha~ the said commissioners
shall have power to hear evidence and determine ali claims to lots
arising under tlxo ac; to which this is ~an amendment; and fox' this
pnrpose, the said commissioners are authorized to administer all
oaths that may be necessary, and reduce ;o writing all the evi-
dence in support of claims to pre-emption presented Fox' their con-
sideration: and when aH the testimony shall have been heard and
cofisidered, the said coramissioncrs shall file with the proper regis-
;er and receiver for the district within wh4cb ;he towns are situa-
ted respectively, ;he testimony in each case, together with a certi-
ficate in Favor of each person having thc right of pre-emption un-
der tho provisions of the ac; of which this is amendatory; and
upon making payment to thc proper receiver of public moneys fbr
tile lo; or lots ~o which such person is entitled, tlxo receiver shah
gran; a receipt therefor. 'and the regis;er issue certificates of pur-
chase, to be ~ransmitted to the commissioner of the general land
office, as in other cases of ;he sale of public lands.
.q 3 And be it further enacted, That the proper register and
ceivcr of' public moneys, after thc board of cpmmiss~oners have
heard and determined all tho cases of pre-emption under the ac;
to which this is an amendment, shall expose the residue of thelots
to.public saleto the highest bidder, after advertising *he same in
three public newspapers a~ least three months prior to the day of
sale. in the same manner as xs provided for 'the sale of public lands
in o~her cases and after paying the comm~ssloners the compensa-
tion hereafter allowed them, and all other expenses incident ;othe
amd' survey and sale, the receiver of the land circe shall pay over
the residue of the money he may have received from ~he sale of lots
6
ACTS 07 CONGRESS AND LA%VS.
aforesaid, by pre.emption as well as at public auction, into tho
hands of the trustees of tho respective towns aforesaid, to bo
ponded by them in the erection of public buildings, the construc-
tion of suitable wharves, and tho improvement of tho sm'eots in
the said towns of Fort )/Iadison, ]3urlinguon, ~Bellevi~w, ])u ]Buque,
Peru and ~ineral Point.
§ 4. And be it further enacted, That tho commissioners appoin-
ted to carry this act into 9fleet. shall be paid by thc receiver of
public moneys~ of the proper land district, six dollars each per day~
for their services, for every day they are necessarily employed.
APraOVE~. ]~[~cn 3. 1837.
AN' ACT to authorize thc constituted authorities of the City of Du-
Buque, in the State ef Iowa, to enter certain islands between the
landings of said city and the~main channel of the 1Vfississippi river.
Bo i% enacted by the senate and house Of representatives of tho
United States of America, m congress assembled. Tha~ the consti-
tuted aughorities ofghe Ci~ of ~ubuque~ in ~he State of Iowa~ be
and $hey are hereby authdrlzod, to enter the islands in tho ~issis.
sxppx myer opposite ~hosaid city, which are fractions, within sec-
t~ons nineteen, mxd thirty, in township eighty-nine north, iu range
three east, and in s~cfion twenty-five, township eighty-nine nor~h~
range ~wo eas~, ~ ~he minimum price of the public lands:
Provided. Said ~n~rJes shah be made within six months from ~he
passage of thls
Arr~ov~9~ ~arch 3, 1847.
AN AC"£ for the relief of the ~i'own of Belleview and thc Cities of
Burlington and Du Buquc, in the Stat9 of Iowa.
Be it enacted by the senate and house of representatives of t4e
United States of America. m congress assembled. That there shall
be and hereby is. granted to tho town of ]3elloview. in Iowa. tho
land bordering on tho ~[ississippi river, in front of said town.
served by 'the act of second July, eighteen hundred and thirty.mx,
fox' a public highway and for other public uses; together with the
accretions which may have formed thereto, or in front thereof: to
OIT¥ OF DUBUQUE.
7
bo diJ~posed of in such manner, as tho corporate. ~uthorities of
said town may direct. Tho gu'ant made by this not'shall operate
as a relinquishment only of the right of the ~Jnitcd States in and
to said premises~ and shall in no manner affect the rights of third
persons therein, or ~o tho uso thereof, but shall bo subject to tho
same; and on application by a duly atttho~ized agent of the corpo-
rate autho~4ties of said town to the cmnmissioner of' the General
Land Offic~ a patent of relinquishment, in accordance witl~ tho
provisions of this act, shall be ismted therefor as in other cases.
§ 2. And be it further enacted, That there shall be and hereby
~s granted tc thc cities of Burlington and Du Buquo. in Iowa, tho
land bordering on the ~ississippi river, in front of said cities, re-
served by tho act of second July, eighteen hundred and thirty-six~
tbr a public highway~ and for other public uses~ together with the
accretions which may have ibrmed thereto, or in front thereof; ~o
bo disposed 'of in such manner as tho corporate authorities of said
cities may direct..
§ 3. And bo it further enacted. That the grant made by this act
shall operate as a relinquishment only of the right of the United
States in and to said premises, and shall in .no manner affect the
mghte of third persons therein, or to the use thereoi; but shall
be subject to the same; and on application by a duly authorized
agent of the corporate authorities of said cities to the commission-
er of the General Land Office. a patent of relinquishment, in ac-
cordance with the provisions of this act, shall be issued therefor as
in other cases.
§ 4. And be it further enacted. That the lot or parcel of land in
tho City ofDu ]Buque, heretofore set apart and used by the author-
ities of said city~ as a come;cry ox' burying ground, under, tho act of
conga'ess, of thc second July, eighteen hundred and thirty.six~ entitled
"An act for the laying off the towns of Fo~;t ~adison and ]~nrling-
~on~ in tho county of ~DesM~oincs. and the towrs of ~Belleview. Du
Buque and Peru, in tho county of ])u I~uque~ territory of Wisconsin,
and for other purposes ;' and the act of the ~hird of ~arch. eight.
eon hundred and thirty-se'?n, ~mendatory thcrcoi~ be. and the
same hereby is granted to the common council of the said City of
Du ]~{uque. to make such disposition of tho said laud, included in said
cemetery or burying ground, as that common council may deem
proper.
A~ow~ February 14, 1853,
8 ACTS OF CONGRESS AND LAWS.
AN ACT to constitute Palatka and tlayport~ in the State of Florida,
ports of delivery, respectively, and Keokuk and Du Buque, in tho
State of Iowa.
Be it enacted bp-the senate and house of representatives of the
United States ofAm~rica, ~n congress assembled, That Palatka and
~ayporb in the State of Florida, shall be, and are hereby created.
ports ofdeliveryrespecti~e]y, and shat1 bo subject to the same reg-
ulations and restriction~s as other ports of delivery ~n
the United States; and~ there shall be appointed a sar-
veyor of the customs, to reside u~ each of said ports, who
shall, in addition to his own'dutics, also perform tho duties and
calve thc salary and emoluments of surveyors, prescribed by the
acl, of congress, passed on ~he 2nd day ofk~Iarch, one thousand
eight hundred and thirty-one, providing for ~:he payment of duties
on imported goods, at certaih ports therein mentioned, the same
being entitled, "An act allowing the duties on foreign merchandize
imported into Pittsburgh, Wheeling, Cincinnati. Louisville, St.
Louis, Nashville and Natchsz, to be sccured and paid at those
places," and said Palatka be made a part and annexed to the collec-
tion district of St. Johns, in said S~ate; and said Bayport be made
a part and annexed to the collection district of St. ~arks, in said
State of Florida; and all 'the privileges and facilities afforded to
Pittsburgh, Wheeling, (~incinnati. LouisviI1e. St. Louis. Nashville
and Natchez, by the act of congrass aforosaid~ be, and the same are
hereby extended to %he said ports of Paiatka and Buyport.
§ 2. And be it further enacted, That Keokuk and Du ]Buqu% in
the State of Iowa, be, and hereby are constituted ports of delivery
within the collectlon~distrlct of New Orleans, and ~here shall be al)-
pointed a surveyor of the customs for each of the said por~s, who
shall be residents therea~; said surveyors shall perform the duties
and receive the salary aud cmo]umen~s prescribed by the ac~ of
congress, approvcd on the second day of k~arch, eighteen hundred
and thirty-one, entitled "an act allowing the duties on foreign
'merchandize imported into Pittsburgh, Wheeling, Cincinnati.
Louisville, St. Louis, Nashville and :Natchez~ ~o be secured and
paid~ at those places."
Arl?IIOVI~D~ AUgnst 3, 1854.
AB[ ACT OF THE LEGISLATURE
TEI~RITOI~¥ OF WISCONSII~
TOWN OF DUBUQUE WAS INCORPORATED IN 1837.
AN ACT to incorporate the inhabitants of such Towns as may wish
to be incorporated.
§ 1. Bo it enacted by the council and house of representatives
of the territory of Wisconsin, That whenever the white male in-
habitants over the age of twenty-one years, being residents of any
town or village of any number of dwellings situated conuguous
and convenient for such purlmses in this territory containing not
less than "three hundred persons shall wish to become incorpora-
ted for the better regulation of their internal police, it shat1 be law-
ful for tho said residents who may have resided six months therein,
to assemble themselves together m public meeting a5 the cour~
house, or other place iu said ~own. and when so assembled, they
may proceed to choose a president aml clerk of tho meeting from
among themselves, both of whom shall be sworn or affirmed by
any person authorized ~o administcr oaths, faithfully ~o discharge
the trus~ reposed in them as presideni and clerk of said meeting.
Provided, however; That a~ least ~en days public notice of tho
time and place of holding said meeting shall have been given in
some'puhlic newppaper, or by setting up public advertisements at
the most public place in such town.
§ 2. 'The residents of any ;own aforesaid, having assembled as
directed in thc first section of this act, may proceed to decide by
vote, viva Vote, whether they will be incorporated or not, and the
10 ACTS OF WISCONSIN LEGISLATUI~E.
president and Clerk, after their votes are given m, shall certify
under their hands, the mnnber of votes in favor of being incorpo-
rated, and tho number against being incorporated, and if it shall
appear that two-thirds of tho votes taken are in favor of being in-
corporated, the president and clerk shall deliver a certificate of
tho statement of tho poll to tho board of ~rus~ees, to be elected as
hereafter provided.
~ 3. Whenever the Qualified voters under this act of any town
shall have decided in tho m~nner herein provided, that they wish
to be inco~orated, it shall be the duty of the clerk of the meeting
at which theymay so decide. ~o g~ve a~ least five days public notice
to the said vo~ers, to assemble at the place of holding cmmty ele~
ti;ns in such town, on a day/z; bo named in such notice, to elect
by ballot ~'~vE (5) residents 5f such ~own for t~ms[eos of the same.
who shall hold their o~ce for one year~ and until other trustees
are chosen and qualified, at ~hieh first election the president and
clerk of the first meeting shah preside, or fl~ case of tho absence of
either of them. some suRable person shall bo appointed by the elec-
tors present, ~e fill such vacancies, and a~ eve-fy succeeding election
for president and trus~ee~, they shall direcu ~he manner in which
tho same shall [be] conducted.
~ 4. ~ho board of trustees of any [owm elected agreeably to
the pro,lei;ns of this act, shall choose a president om of their own
body, and the president and t~s[ees aforesaid, andtheir successors
in office shall thehceforth be considered a body corporaho 'and poll-
tic by tho nam~and s~yle of the president and trustees of the town
of , ~nd by such name and style be forever able and capable
in law and equity to sue and be sued. ~o plead and be impleadcd, to
answer and be answered, and to defend in .all matters of suits.
~auses and demands of whatsoever kind m' nature they may
bet in as fifll a manner as any pm'son or persons, bodies politic or
corpora~o, can or may do. and may have a common seal, and may
alter the same a~ pleasure. Tho said president and trustees shall
require Omit clerk ~o keel) a fair journal and record of all their
proceedMgs, and record all by-laws and ordinances which they
may mak% in a book to be provided for that purpose. Tho board
of trustees: when duly organized shall also [appoint] a to~ [r~oas-
urer, who shall hold his office for the ~orm of one year, or until
another shall bo duly chosen and ~ualified. ~he ~reas~or shall be
required ~o give bond wRh good sureties for tho safe keeping of
CITY OF DUBUQUE. 11
the monies intrusted to him, and for the paying over the same
upon the requisition of the board of trustees.
§ 5. The president and tm'terse% or a majority of them, of any
town incorporated as heretofore directed, shall have power
make, ordain and establish and execute such ordinances in writing
not inconsistent with the constitution and laws of the lYnited
States. and'of this territory: as they shall deem necessary, to pre-
veto and remove nuisances, ts restrain~and prohibit gambling or
other disorderly conduct, and to prevent tho running of and inde-
cent exhibitions of horses, within the bounds of such town. to pro-
vide for the licensing of public shows, to regulate and establish
markets, to open ditches, and to provide ibp drawing off water,
sink and keep m repair public wells, to keep open and in repair the
streets'and alleys of such town, by making pavements or side-
walks, or other improvements over tho same. as to thmn may seem
needful: Provided, always; That the lot in fl'out of which any
sidewalk is made, shall bo taxed to pay at leas; one-half of the ex-
penses of making ,uch sidewalk. Thd said president and trustees
shall also have the power to provide such means as they may deem
necessary to pro;oct such towns fi'om injuries by fire, and for the
purpose of carrying the aforesaid powers into effect, tho said pres-
ident and trustees shall have [he power ;o define the boundaries
of such town: Provided: ~hat ~he same ghall not exceed two
miles square, and to levy and collect mmually a tax on tho real es-
tate in such town. not exceeding fifty cents on .$very hundred dol-
lars of assessment valuation thereof, and also on all personal
property in such town not exceeding twenty-five cents on every
hundred dollars of assessment valuation thereo~;
§ 6. It shall bo the duty of said president and tlmst0es to cause
all the s~reem and alleys of such towns and public roads passing
rS:om and through such town for one mile from the centre thereof,
to be kept in good repair, and to this end they m'e authorized
to require every male resident of such ;own over the age of twen-
ty-one and under sixty years, to labor on said streets, alleys and
roads, at least gwo days in each and every year; or to pay instead
thereof, one dollar per day, and if such labor be insufficient to
prupriate so much of the tax levied on real estate, and of tho
tion on personal property as may be necessmT to keel) s~id'St~eets.
alleys and roads in repair, and also ~o appoint a~d pre-
scribe the duty of all such officers of such town as they may
19
ACTS OF WISCONSIN LEOiSLATURE.
deem necessary ;o carry into effect the foregoing powers. The
collector of the corporation ;ax and the treasurer shall severally
give bond, made pa~able to the president, truseecs, and their sac.
eessors in office, wit]x good and sufficient securities, in such sum as
may by said president and trustees be deemed advisable; and s
clause shall be inserted. ;hat if at any time additional security
shall be required, the same shall be g~ven, the condition of which
bond shall be, that the officers shall faithfully perform the duties of
their office, and said o~cers shall remain kin] .offtcc one year, kan-
less sooner removed), and nntil others have g~ven bond as herein
named.
§ 7. The said president and trustees elected undex: this act shall
continue in office for one year, and until their successm's in office
shall be elected and ~[ualified, and it shall be their du;y~ before their
time expires, to. g,vs a; least ten days' public notice to the qualified
ye;ers under this act to meet a; such place aa they may name in
such town, and elect a new bbard of president and trustees for said
town, and all vacancies which may happen in said board by resig
natioL or otherwise, be£oro their time of office expires: shall be fill-
ed by tho other members of' the board. The proceedings of said
meeting shall always be public and all their ordinances before tak-
ing effect shall be published, for at least ;on days in a newspaper
of such ;own, or by seating up copies of the same in thi'eo of tho
most public places in such town. A majority of said board shall
constitute a quorum.
§ 8. All monies arising from the collection of taxes, fines,
penalties and forfeitures, shall be appropriated by said president
and trustees towards the erecting and improving and regulating
those objects which by this act are placed nndcr their control and
jurisdiction, and ;o none others, and it shall be their duty to have
an account current of the fiscal concerns of the corporation so kept
as will at all times show the true situation of tho same, to such as may
desire to inspect tho same. and the president and trustees shall have
full power to enforce their ordinances, by authorizing the person or
persons by them appointed to collect any tax imposed in pursuance
of this ac; ;o collect the same by distress, and sale of goods and
clmttcls o~ the person chargeable with thc same. on giving at least
fzf%een days' public notice of the time and place of such sale, and
if~o good~ and chattels of the person chavgcab}e with ~ald tax can
be found, it shalI b~ lawful to sell any town lot Owned by such per-
CITY OF DUBUQUE.
13
son, or so much thereof as will pay the tax due and in arrear from
any such person, upon giving at least thirty days' notice of tho time
and place of holding such sale. paying to the owner or owners the
overplus, if any. The president and trustees may impose fines for
~ho breach of their ordinances, but no fine shall be inflicted, on any
one person for any one b~each of any one ordinance of more than
ton dollars, and not loss than twenty-five cents, which fine. togeth-
er with the costs of suit~ .may be recovered by any justice of tho
peace by action of debt. in the name of the president and trustees
of such town, and collected by execution as other judgments of
justices of the peace. All fines collected in pursuance of this ac;
shall, by the officer collecting the same, be paid over to the treas-
urer of tho coq?orution, and fox' an omission sa to do, such officer
may be proceeded against by the president and trustees in an ac-
tion of debt for the same.
§ 9. ~wo-thirds of tho qualified voters of any town incorpora-
ted according to the provisions of this act, shall have power to dis-
solve tho santo a; any annual election for president and trustees,
by voting against the ~ncorporation as is directed in the second
section of this act; Provided, That notice shall be required to be
given ibp a; least thirty days in a newspaper of such town, or by
'setting up written or printed notices for that length of time in
three of tho mos; imblio places in such town, of an intention ~o
vote in favor of the dissolution of such corporation.
§ 10. Whenever the president and trustees for any town shall
be elected as herein directed, it shall bo the duty of tho president and
clerk of tho first meeting, provided fbr in the first section of this
ac;, to deliver ;o ~hem a certified statement in wu'iting of the polls
a; said first election, andit shall be the duty of such president and
trustees to deposit the same with the clerk of'tho distrtct court of
the proper county to be entered on record in his office, and before
entering upon their dnty, to take an oath to discharge their duty
according ;c their best abilities.
§ 11. Whenever any town shall be incorporated by thks act, all
other laws incorporating the same, or made to regulate in any
way the internal police of such town shall be considered ropsaled~,
and whenever any town corporation shall be dissolved according
to this ace, all persons having any funds belonging ~o such
co?potation in their hands. ~hall pay the same intb the county
treasury, and all bonds and security taken for the same by said
ACTS OJP WISCONSIN L]~GISLATURE,
corporation, shall vest in the treasurer also, whoshall have a right
to sue fro- the same before any justice of tho peace in said county,
and tha~ all moflieS received or collected by said ~reasurer afore-
.said, shall bo considered as county funds and may be appropriated
as such.
§ 12. This ace shall take effect fi'om aud after its passage.
Signed. I). H, ENGL]],
Speaker of the House of Representatives,
HElqI~¥ S. BAIRD.
President of the. Gounc~l.
A~pI~ov~l), Dec. 6th. 1836.
Transcribed verbatim, April, 1837.
I~. DODGI~I, Governor.
CtIA'S CORKERY,
Clerk co tho P. & B. of T. of town of Du Buquo.
LAWS OF IOWA
I~ELATING TO THE CITY OF Dc BUQUE.
AN ACT to incorporats the City of Du Buque.
§ 1, Be it enactedby the council and house of representatives of the
territory of Iowa, That tho City ofDu Buque shall bo bounded as
follows: Beginning at a point in the middle of the main channel
of the river Mississippi, east and parallel with ~he south line of
the town of Du Buque, as surveyed ~nd laid offby the commission-
ers appointed under an act of congress to lay ~ff thctownsof Fort
Madison, Burlington, and Du Buque, &c., and running westwardly
with the said line ~o a s~one which marks the southwest cromer
of said town; thence northwardly ~o a stone whiCh-marks the north-
west corner of said town; thence~ wi~h the line of said town to
the slough; thence cast northeas~ to ~he middle of the main chan-
nel of the Mississippi river; thence, with said ch~nel to the place
of beginning. All the inhabitants residcn~ within the aforesaid
limits ~re hereby declared re bo ~ncorporated by the name of the
mayor and aldermen of the City of Du
~2. ~here shall bo cleated on thc first ~onday in A2ml, one
thouq~nd e~ght .hundred and forty and ~nnuqlly thereafter; One
m~yor and six aldermen, who shall hold their o~ces for one year,
and ~il their successors are elected and qu~H~ed~ and they
sh~l he ~e.judges of their own elections, and~he ~ayor.~nd
men,shall.cqns~itute tho city council, ,a m~0rit~ of ~h~m,shalleou-
sfit~te.a,guo~m to ~o. businoss, ~he?aid election shall.be
~9~, ~d~c~f~pe w~o male citron of ~e ~gp
y~, ~ho ~has,bcon a ~esi4oat ~f ~aid.~ity ~oo,month~ior~to
16 LAWS OF IOWA,
the (lay of elsctiou, shalI be entitled to vote a~ all elections for city
officers.
§ 3. That the mayor, aldermen and inhabitants thereof, shallba
a body politic and corporate, with perpetual' succession, to be
known hy the name of the ruayor and aldermen of the City of
]~uque, and shall be capable in law by their co,operate name to ac-
quire real and personal propor~y for the use of said city~ sell
and convey the same, may have a common seal, and may alter and
change tho same at pleasure; they may sue and be sued~plead and
be impleaded, defend and be defended in all manner of courts, of
judicature in this territory, and in all manner of actions whatever,
and when any suit shall be brought against the city, au a~;csted
copy of the summons shall be left with th~ mayor, or at his place
of residence, ~en days before the return thereof, or in his absence,
with the clerk of the council.
§ 4. The mayor and aldermen shall have power ~c make and
establish bydaws, regulations and ordinances, for the governmen~
of the city, and alter and repeal the same a; pleasure; to prescribe
the duties and compensation' of such- sub-ordinate officers, as they
may deem proper ;o appoint and remove them a; pleasure, ;o fix
reasonable fines and penalties for any violation of the laws and
dinances of the corporation: ~Provided. That no person shall be
fined exceeding l~fty dollars for any one offence agains~ any one
ordinance, and may be recovered by action of debt before any jus-
tice. or any magistrate, of competent jurisdiction within the limits
of the city~ and to provide for the collection and disposition of tho
same, and no by-laws or ordinances shall take effect until the same
shall have been published.
§ 5. The city council shall have power ;o grade, ditch, and eu~
sewers. ;o make, alter, widen and repair s~ree;s, lanes and alleys,
to make and repair wharves or public lqndings within the corpo-
ration; to license houses where liquor is sold by the dram, ~o li-
cense drays, car~s and other vehicles kept for public hire; to license
and prohibit shows and other public exhibitions; to dig and keep
m repair public wells; ;o license and regulate billiard tables; ;o
prohibit the discharging of fire.arms, and the racing~ or immoderate
running of horses within the corporation; to levy and collect a tax
upon dogs; to restrain or prohibit the running a~ large of fero-
cious animals; to establish and regulate public markets; to establish
and regulaie the rate of wharfage of all boats or vessels, or rafts
cn'Y o~' ~t~q~. 17
landing within the limits of the corporation; to establish a ferry, or
ferries, and for annually leasing the same: ~o cause ;o bo fenced
vacan~ or unimproved lo~s: to restrain and prohibit houses o~i]l-
fame. and ail indecent exhibitions within ~he city: to hold. purchase
and convey real and personal estate for the nsc of said city: to borrow
money a~ any rate of inierest no; bo exceed twenty per
cen~um per annum, and ail money so borrowed shail be expended in
public improvement of the city and for no other purpose, and to
secure tho pay~nen; thee-eof they shall have tho po~er ;o pledge
the f~Jth and property of said city; to levy ~nd collee;a tax on all
real and personal proper~y within the cm~oration, and subject to a
county ;ax: ~rosfded. It shalI no; exceed in auy one year more
~han ;he one-fourth of one per centare of'the aggregate amoun~ of
all such taxable property. Tho said ~ax shall be assessed and col-
lected by such o~cer or ofilcers as the city council may fi'om time
to ti~uo appoint, tn such manner, and under the same regulations a~
~;re, or naay be provided by law for the assossmen~ and collec-
tion of county ;axes; to provide againsg danger by fire, and for *his
pu~l)ose there may be organized withh~ the lin~its, two fire con~pa-
hies. no; ;o exceed ~won;y-~vo men each. and when so organized,
the members thereof shall be exempt ri'om nillitia duty; ~o pro-
hibi~ ~he keeping in any one place large q.uantitios of gmnpowder.--
They shall have power to pass ail laws and ordinances not incon~
sistent with thc Consq t~ution of tho United States and laws of this
ierri~ory, ibp the purpose of car~Ttng the albresaid powers into ef-
fect, and for the preservation of the peace, health and cleanliness
of said city.
~. 6. The co'moil shall appoint a stainable person to be marshal
of tho city, whose duty shall bo to execute and return ail processes
directed ;o him by lho mayor, or any .lustieo of the peace, within
the limits of the corporation, in tho nan~e oF the nlayor and alder-
men et' the City oF ~ubnque, and shall have tho same authority,
and pester n ghe same duties and be subject to the same liabilities
tha~ constables are in their respective counties, and'shalt receive the
same fees for serweea that are. or may be allowed by law ~ cons~?
bleu within ~hia terrl;ory~ and do and perform, all o~her duties that
~nay be imposed on him by ordinance
~ 7. Allwrits and procesaesissued by any justice of thopoaco, or
any other cour~ under any of ~he ordinances of tho corporation,
abM1 be served and returned in like ma~er and wi~h like effec~
18 I~XWS 0~' IOWa.
of this territory.
§ 8. Tho mayor shall attend and proslde at all meetings of the
city council~ ho shall not Vote except in case of a tie, when he
shall give the casting vote; he shall sign all laws or ordinances
passed by tho board, and see that they are faithfully executed; he
shall sign ail bonds and drafts ordered by tho city council and
testes by the clerk, and all such, bonds and drafts so signed shall
bind tho said corporation, and shall be good in law and equity in
every court in the territory for what is therein expressed;
§ 9. In ease of the resignation, absence, sickness or death of
mayor, the aldermen shall elect one of their nnmber mayor, Fro
tern., who shall be invested with all the authority, and perform all
*t~e duties of mayor dtiring h{s absence, or until another is elected
and qualified.
§ 10. Tho mayor and aldermen, agd all other ofiieers of tho city
shall, before entering upon their respective duties, take and sub-
scribe an oath to snpport tho constitution of the lJnited States, and
laws of this territory, and faithfully perform tho duties for which
they were elected, whleh oath shall be filed with the clerk.
§ 11. The city council shall appoints derkwhoshallkeepafalr
record of all the proceedings of tho mayor and aldermen, shall at-
tend all meetings, and act as secretary of tho same; shall keep all
books and papers~ and provide all necessary rooms and ~tationery
for the use of the board, he shah do all other acts which may by
ordinance bo required.
§ lt. They shall also appoint a treasm'er who shall receive and
safely keep all moneys which may come into his hands, and when
he receives moneys from tho marshal, colleetm' or clerk, he shall
give a receipt for tho same; he shall ones in every three months
make out a list of all moneys bY him received and pgid out, and
make a complete settlement with the board; he shall not purchase,
buy, or in any way trade for any city orders at a less value than
tho amount called for by the same; he shaH give to th? board a bond
with security to their satisfaction, and be in all things governed by
the by-laws and ordinances.
§ 13. The city council, shall, upon tho application of any twenty
voters, o~ may without such applicationi divide tho city into three
or moro wards, having regara ~o tho number of inhabltants~ and
CiTY OF DUBUQUE.
19
apportion tho aldermen to' be elected in each ward as near equal
as can be, according to the population thereof.
§ 14. The city council shall at least two weeks before tho time
expires fro' which they were elected, give public notice in the news-
papers or by notices posted up in three of the mos~ public places
in the city, of an election for city officers. ~oge;her with tho place
a; which each election shall bo held, they shall appoint two judges
and one clerk to each ward. It shall be the duty of the clerk to re-
cord in a book kep~ for that purpose, the name of each voter. The
said election shall be hep; open from nine in the morning to five
o'clock in tho afternoon. After the close of said polls, the judges
shall count the ballots and give a certificate of election to tho per-
son having tho greatest number of votes, tho same. to bo attested
by the clerk; said clerk shall return tho poll books to the elty
council, and the city council shall, as tho same tiara, publish a sm;e-
meat of the receipts and expenditures of tho preceding year.
§ 15. When the city council shall order any sn'ee;, lane or alley
~o bo opened m' extended, and the same runs upon any individual
propor~y, it shall be the duty of the mayor ;o issue a venire for
twelve good and discreet men. proper~y holders in said city to
make a jury for tho pml~ose of assessing damages, if any sustained
by the opening of said street, lane or alley. And the said jury
shall bo under oath to assess the same without fear, favor or par-
tiaiity, ;o tlxe best of their judg~nent, and they shall take in~o con.
sideration the benefit the proper;y holders shall derive by the
opening of said street, lane or alley, as well as the loss they shall
sustain, and if they find tho loss ;o bo greater tl~an tho benefit,
shall render their verdict for tho amonn% and tho mayor shall
draw his draft upon the treasurer in farm' of such person so inju-
red, for the amount assessed, but if tho jury is of opinion that tho
benefit is equal to tho loss, they shall' so render their verdict, cer-
tified under their hands. In either ease, the elty council shall pro-
ceea to open said street, lane or alley, and keep ti~o same open for
publie use.
§ 16. When any street lane or alloy, shall bo paved or macad-
amized, tho city council shall assess the cos; thereof ~o tho owners
of the proper~y on each side of tho street, lane or alley, so made,
according ;o the number of feet front e~ch person does own on
said street, lane or alley, and in like manner, if side-walks are only
~uA.W8 OF IOWA.
made. each person shall be liable for the expense incurred in fi'on;
of his, her, or their proper;y, and if tho said assessment is not paid
after giving due notice thereofi the property shall be sold after giv-
ing the usual notice, as in case of' execution, for ;o satisfy the
amonn~ with costs This section shall not apply to the public lan-
ding, except to the sidewalk on one side of ~he same: An 1 Pro-
vided, further. That the city council shall have discretionary power
~o charge *o the owners of proper~y such par; of ~l~e expense of
grading, paving, or macadamizing any street, lane or alley,
as they may deem jast~ ~he balance ;o be paid out of tho city
treasury.
~ 17. Wherever tho owners of' moro than one-half of tho prop-
erw on any street, part of a street, lane or alley, not Io3s than tho
leng;h of one square or block, shall petition the city council ~o have
thc same paved or macadamized, it shall be tho duty of the city
council to have the same ordered to be done according ;o the plan
adopted by the city~ and thc cos~ taxed as is provided in ~he pre-
ceding section: Provided~ They may make such ocder without
such petition.
~ tS. In case of death, resignation or absence of ;we months
withou¢ leave, of any alderman, it shall bo the duty o~ the clerk ~o
give to~ days notice of an election ~o be held. ~o supp)y thc va-
cancy: if tho city is districted into wards, the election shall be held
in the ward which the alderman represented whose sca; has been
vacant: ff the city has not been districted then tho election shall
be general throughout the cry.
$ 19. That nothing in this ac~ sh~ll be so construed as ~o infer-
fete wish the rights of ;he county or torritoW to tax thc people
within the limits of said city.
~ 20. This ac; ;o be in force ~na take cabot fi'om and ~fter the
~hird ~onday in march new: Provided. Tha~ the legal voters cC
said city having paid a ~own or co~)oration ;ax. may assemble a;
the cou~4 house on the firs~ Monday in ~arch next, and proceed ;o
veto by ba]lot~ for or against this charter and if a majority of the
voters shall be in ~avor of tho same. they shall proceed according
to thc provisions of this act. otherwise the same shall not ia]ce
effect, but if a; any fitture day~ by prcwons notice of ar least
thirty days, they sh all agree to adopt i~. i~ shall be as binding as if
i$ had been adopted on the day set forth in this section.
~ 21. That all nnfinished business of thc president and trustees
CiTY OF DI~BUQUE.
21
of the ;own of DuBuque is hereby transferred for~adjustmen* ~o
the mayor and aldermen of said city; and they shall be holdentbr
all debts, credits and convrac;s oi a~d enjoy all rights and privile-
ges heretofore exercised by and granted ~o said president and
Apl,~OVl,~n. JANUAI~Y 17. 1840.
A~ ACT m amend an act to incorporate tlxe City of I)ul3uque.
§ 1. lie it enacted by thc council mid house of representatives
of the tort!tory of Iowa. That thc mayor and aldermen of the city
of [Du Ydnq.ue, shall have the charge and control of the public
squares in said city, and fifil power to rmnove ail obstructions from
tl~e same,' required by the public interest.
§ 2. This ac; ;o take effect and to be in force ~¥om and after its
passage.
_fkpPUOV~]D, JAsuau¥ 28. 1843.
AN AOT ;o incorporate and establish the Oity of Du Buque.
§ 1. Be it enacted by tho comtcfl and house of representatives
of the ter~qtory of Iowa. That ali that part of the territory of
Iowa ~ncluded within tho following limits to-wit: Beginning a; a
point in ~he middle of the main channel of thc ~ississippi river.
castwm'd. ~and in line with tho south bounda~ of the town of
Da Buquo, as smweyed and laid out by the commissioners appointed
in pursuance of an ac; of congress, to lay off tho ~owns of ?Fort
~adison. Burlington. I)uBuqju% &c., thence south sixty-seven de-
grees thirty-nine minutes wes;. to a stone planted in tho ground:
thence on the wcstmqy 'boundary, north twenty-two degrees thirty
minutes wes;. to a stake and stone: thence on the north boundary,
north sixty-seven degrees thirty minutes cass to the middle of the
main channel of the Mississippi rivm5 thence down said river with
said channel to the place of beginning: shall be. and hereby is dc-
dared to be a city, and the inhabitants thereof are created a body
corporate and politi% with perpe;uaI succession, by the name and
style of the city of Dn t~nq. ue; and as such by that name shall be
LAWS OF 10'WA.
capable in law of contracting and being contracted with. of suing
and being sued, pleading and being implsadsd, answering andbelng
answered unto. in all courts and places in all n,a~;srs whatsoever,
and also of purchasing, using, oscupy~ng, enjoying and conveying
real, personal and mixed essase, and may have and use a co;po;ate
seal, and change, alter and renew the same at pleasure, and shall be
sempe;eh; to have. exercise and enjoy ali the. rights, immunities.
powers and privileges, and be subject ;o all the duties and obliga-
tions incumbent upon, and appertaining to a municipal corporation,
and for the better ordering and g )ver. ning said city, tho exercise
of the eorpora[s powers of the same, hereby and herein granted,
and the administration of its fiscal, prudential and mnnieipal con-
cerns, with the conduct, direction and government thereof, shall bo
vested in a mayor and board of aldermen, consisting of thirteen.
members ~o be denominated the city council, wgether with such
other officers as are hereinafter men;toned and provided fox'.
§ 2. That the said eity of Da Buque shall bo dud hereby is
vested as tho lawful owner and proprietor, with ali tbs real, per~
sonal and mixed estate, and all tho rights and privileges thereof.
together with the proper~y~ thuds and revenues, allmonoys, debts,
counts and demands due, and owing, or in anywise belonging ~o said
elty; or which by or under tho authority of any fenner as; or ac~s.
have been acquired, vested in. or ~s or may be owing or belonging
~o tho city of Du Bnque, (and the same.are hercbytransferred ;o
the corporate body, created and established by this ac;; and all
suits pending and judgments recovered by, in ikvor of. or against
the sity of Da Buque,~ wgether with all rights, interests, elal~ns
dud demands in favor of or against said city, may be-continued.
prosecuted, defended and collected, in tho same manner as though
this act had never'been passed.
§ 3. That the qualified electors of said city, shall on the first
3gonday of April, annually elect a mayor, who shall have resided
in said city three years; and the qualified electors of said city shall
a; tlxe same time elect thirteen aldermen, who shall have resided in
said city ;we years, and the mayor and aldermen so elected, when
assembled togs;her and duly organized, shall constitute tho elty
council, a majority of the whole number of whom shall be neces-
sary to constitute a quorum for the transaction of business; they
shall be the judges of the election re,urns and qualifications of
their own members, and flxall continue in office for the m'm of one
CITY OF DUBUQUE,
year, and nntil their successors shallbe chosen and qualified. They
shall determine the rules of their proceedings: and keep a.journal
thereof, which shall be open ;o tho inspection and exa~nination of
every citizen, and ma~ compel tho attendance of absent nmmbers
in such manner and under such penalties as they may prescribe.
And they shall meet as some convenient place in said city on the
first ~onday in 3~ay; and after taldng tho oath of office before
some officer qualified to administer oaths, shall elect from ;heir
own body a president pro tempers.
§ 4. That there shall be elected by the qualilhd electors of said
city. on ;ho first 3~onday of April annually, a treasurer, who shall
hold his office for the term of one year, and until his successor shall
bo elected and qualified, ge shall perform such duties and exorcise
such powers not herein specified, as may bo Iawfullv required of him.
There shall be elected by the qualified resets of said city on the
first 3~onday of April, annually, a recorder, city marshal, and as-
sessor of said city, who shall hold their offices, for the term of one
year, ami until their successors shall be chosen and qualiffed, and
who shallperform such duties and exercise such powers as may bo
l~wfully required of them by the ordinances of said city.
§ 5. That in all elections for city officers it shall bo tho dut2v of
the mayor ;o issue a proclamadon to tho qualified rs;ors of said
city, setting forth the time of such elections, the place or places
where the same shall bo belden, the officer or officers to be chosen,
and cause such proclamation to be posted up in three of the mos;
public places in said city at least ten days previous to such election.
And every such election shall be opened between the hours of eight
and ten o'clock in the forenoon, and continue open until four o'clock
in tho afternoon, and shall in all things be conducted agreeably ;o
the laws regulating township elections for the time being; and it
shall be the duty of the judges of said elections, within two days
thereafter, ;o make and direct the re;urns thereof to tho mayor of
said city a; his office, in the same manner that election re;re'ns are
required to be made by tho township ;rustees for the time being:
Provided; That in all dections for mayor, thereturns shallbo made
and directed to tho president pro ten,pore of the city council, and
the mayor or president i~ro tempers of the city council, as tho case
may be, shall within five days after such election, opentho re;urns
which shall have been made as aforesaid, and shall make a~ abstract
of all tho vo~es, and file tho same with the el~y recorder, who shall
LAWS OF IOWA.
make a record thereof in a book to bo kopr by hin, for that pur-
pgso~ aud the person or persons, having tho highest number of
votes shall bo ~eclared dray elected; but if from any cm~se tho
qualified voters of said city, or of any of tho respective wards, as
the ease may be, .]mnld fail to ellbct any election ar tim time and
in tho manner herein provided, tho mayor shall forthwith issue his
proclamation for a second or other electimh which in all things
shall be notified, conducted, regulated, and thc returns thereof'
made as in and by this act is prescribed, and ~he person or persons
who shah bo chosen ar auy such second or other election, shall
hold their offices until the next stated period~ ibr the choice of a
successor or successors; and it shall be the dnty of tho mayor or
president pro temyore of the city eommih immediately to notify
such person or persons who nmy be elceted as aforesaid, of his or
their election, by causiug a written notice thereof to be served
upon him or them by the city marshal: and every person so choscn
ox' elected as aforesaid, shall within *eh days after his election.
cause himself to be qualified to enter upon the duties of his office.
andin default thereof, tbs office to which he shall have been elec-
ted. shall be deemed and cousidered in law r~o be vacated: and it
shall be the duty of the city council to prescribe thc time andman-
ncr, and provide tho place ov places of holding all elections in said
city for city officers, and making the returns thereof, not horcin
othcrwlse directed and prescribed: and' the said city commil shall
· appoint judges and clerks for all city elections.
§ 6. That each ~nd every white male citizen, above the age of
twenty-one years~ who shall have been a resident in said city six
months immediatcly preceding any clcction for city officers, shall
be dcenmd a qualified voter of said .city, and shall be entitled to
vote in the same. or in tho ward whm'e he may reside, for m~yor,
aldermen, recorder, treasurer, city raarshal, assessor, and such
other officers as are in and by this act directed to be chosen by tho
qualified voters of said city, or of the respective wards therein.
and all others whici~ by public ordinance may be required to bo
choscc or clec ~ed: and when any person shall prcsem himself to
give his vote. and either of the judges shall SUSlmC~ that such per-
son does not possess the requisite qualification of an elector, or if
his vote shall be challenged by an elector, who has previously given
his yom at, such election, th9 judges of said election shall tender to
sash person an oath or affirmation in tho following form, to-wit:
25
"I, A. ]B., do solmnnly swear (or affixing, as the case may be) that I
am a citizen of thc United States. and that I have b~en a resident
of this city six nmnths immediately.preceding this election, and a
resident of this ward (if wards shall have been established) and to
the best of my knowlcdg) and bclie~ have attahaed the age of
twenty-one years~ and that I have not voted at this election."
~ 7 That no member of the city commil snail be cligible to any
office within the git~ of the city council during the year fbr which
he may have been elected nor snail any member of thc city council
be interestcd~ directly, or indirectly, in the profit of any contract
or job for work or services to be peribrmed fi)r tho city.
~ 8. Thai it shM1 be the duty of the mayor ~o be vigilant and
active a~ all iimes, in causing the laws and ordinances of said city
to bo pu~ in force and duly executed. I[o shall keep the seal
said city, and ali of the records, papers and official documents
~here,mm b~Ionging. ~e shall sign all bydaws and ordinances
adopted and passed by the city council, m~d see that the same arc
published six days before lhey go into effect. Ire shah preside
when present, a~ ~he meetings of tho city council~ sad be
n~ed president of the same. and When ~here is a tie, shall give tho
casting vo~e. ~e shall do and perform such other duties as the city
council m ay prescribe and de~ermine, not in consistent wi~h the pro-
vlsmns of this char[er.
~ 9. Tha~ the ~reasurer, .marshal, recorder, assessor, ~nd all
other officers under the govcrnmen~ of said city~ shall, before en-
tering upon ihs duties of ~heir respective offices, take an oa~h o~
affirmation. ~o supporx the constitution of the 'United Stairs, aud
failhfully and impartially ~o perform lbo several duties of thc offices
to which,lheym~yberespectively elected or appointed~ and when
requirod~ sh~ll give such bond to the city~.wi~h good and sufficientse-
engity~ in such sum. or sums. and with such conditions thercto~ as
the city council may from time ~o time direc~ and in all cases not
herein provided for, shall respectively be allowed, and receive such
fees mad compensation for ~heJr services, and be liable go such
penalties and forfeiiures for negligence, carelessness, miseonguc~
office, and positive violation of duty, as the said city council shall
order and determine. . '
[ 10. That tho city council shalIprovide the times and places of
hold~ng ~heir meetings no~ herein otherwise ~rovidcd for~ which
shal} at ~11 times bo open ~o the public; they shall ~rovide by ordi-
hence for the election by the qualified voters of said city, of shch
other city officers who~o e]ection is not herein otherwise provided
for, as shall be necessary for thc good govern:taunt of said city~
and the due exercise of its corpm'a~e powers, and which sha]l have
been provided fo:' by ordinanco~ ~nd ~11 the city officers whose
term of service is not prescribed, and whose powers and duties are
not defined in and by this act~ shall perform such duties and
else such powers, and continue in office for such term of time not
exceeding one year, as shall be prescribed by ordinance.
~ 11. That whenever the o~ce of mayor, coancilmen~ treasurer,
recorder, marshal, or any oilier o~cer, in and by this act, speciacd
and progided for, shall become vacant by deith, resig~ation~ remo-
vMfrom the city~ or otherwise~ it shall bo the d~y of the council,
as soon as ~nay be, to appoint some suitable perpon having the
quisite quMifications to fiH such vacancy, and tko person so appoin-
ted shall continue in o~ce during the remainder of lbo term for
which his predecessor was elected, ar temporary absence of the
mayor, the duties of his o~co dmqng such sickness or temporary
absence, shall be discharged by the president pro tempore~ who shall
be obeyed and respected accordingly.
~ 12. That tho said c~ty council shall have power, and i~ is hereby
made their duty to make and publish from time to time, ~11 such
ordinances as shall bo necessa~ to secure said city and inhabitants
thel'eof agains~ injuries by fire~ thieves, robbers, burglars, and
other pm-sons violating the public peace; fro' the suppression of
riots and gambling, and indecent and disorderly conducM fro' ~ho
pnnishment of al~ lewd and lascivious behavior in the streets and
other public placcsin said city; thby shall liave power fi'mn time
to time, to make and publish all such laws and ordinances as to
them shall seem necessary to provide for the safety, presmwo the
health, promote the prosperity and improve the morals, order,
comfort and convenience of said city and the inhabitants thereoq
to impose fines~ forfeitures and penalties on al! persons offending
against the laws and ordinances of s~id city, and provide for the
prosecution, recovery ann collection thereof, and shaI1 have power
to regulate by ordinance the keeping and sale of gunpowder within
the city.
~ 13. That the city eonncil shM1 have power to establish and
organize all are companies, an4 provide them with proper engines
and such other instruments gs shall be necessary to extinguish.
CITY OF DUBUQUE.
27
and preserve thc property of the inhabitants of' said city from con-
fiagration; and they shall have power to establish and constitute
landing places~ whmlvCS, docks, and basins in said city, at or on
any of the city property, and fix the rates of landing, wharfage,
and dockage of all steamboats, boats, rafts and other water crafts,
and of all goods~ wares and merchm'~dis% produce and other m-ti-
des that may bc moored at, landed on, or taken fl?om any landing,
wharf, dock, or basin, belonging to said city.
§ 14. That for the purpose of more effectually securing said
city fi'bm the destructive ravages of fire, the said city council
shall have the power and authority, on application of three-fourths
of tho whole number of owners and proprietors of any square or
fractional sq~tare, in said city, to prohibit in the most effectual
manner, thc erection of any building, or addition to any building
before erected, more than ten feet high, Jn any such square or fi'ac-
lionel square, except the outer walls thru'eof, shall be composed on~
tiroly of brick~ or stone and ~nortar~ and to provide for the most
prompt removal of any building, or addition to any building which
may be erected, contrary to the true intent and meaning of this
section.
§ 15. That the city council shall have power: and it is lmreby
~nade their duty to regulate by good and wholesome laws and ordi-
nances, all taverns, .ale, bec:', cider and porter shops, and places
where spirituous liquors are sold in less quantities than one gallon,
and all other houses of public entm'taiumcnt iff said city; ali the-
atrical exhibitions and public shows, and ali exhibitions of what-
ever name and nature, to which admission is obtained on payment
of money, or troy other reward; to license and establish ferries
across thc ~ississippi river, fi'om said city to tho opposite shore,
and to impose reasonable fines and penalties for the violation df any
such laws and ordinances. And the said city council shall have full
and exclusive power to grant or refuse license to tavern keepers~inn
holders, retailers of spirituous liquors, by less quantities than one
gallon, keepers of ale, porter, cider, beer houses and shOpS, and all
o~her houses of public entertainment, showmen, keepers and man-
agers of theatrical exhibitions~ and other exhibitions for money or
other reward, auctioneers for the sale of goods, wares and morchan-
,disc, horses and other animals at public auction, keepers of billiard
tables, hall and ten pin alleys; and keepers of ferries from said city
across ]~hc ]~ississippi river to the opposite shore; andin granting any
LAWVS OF IOWA.
such license it shall be lawfnl for said city coancflto exact, demand,
and receive such sum or sums of money as they shall think rea-
souable and expedient: ~o annex theee~o such ~eyms and condi-
$Jons in regard ~o ~ime ~nd place, and o~hor circumstances under
which su ch license shall be acted upon. as in %heir si [nion ~ho
quiet m~d good order of society, and sai~ city may require, and for
the violation of said ;evins and conditions as aforesaid. ~he ci*y
council shall have power ~o revoke or suspend any such license,
whenever ~he good ordo~ and wdfarc of said city may require it
in such manner as shall be provided by ordinance: Provided; That
no power hereiu grma~ed ;o s~id city com~cll shall be so cons;rued
as ~o impair, intcrfe~'e with. or ~n any way effect any right or
rights now existing by virtue of any ac;s heretofore passed by
legislative authority of ~his territory, establishing ferries across
the }iississipp~ r~vcr opposite the ~own of DuBuque. in DuBuque
court;y: but tho same shall be ~nd remain ~s though this ac;
no~ been passed.
~ 1~. Tha~ ihs clgy council sh~ll have power, and they are here-
by authorized ~o require and compel ~he aba;e~nent and rcmovM of
~I1 nuisances within lbo Iimi%s of said ct%y, under such regulations as
shall be prescribed by ordhaance; ;o cause all grounds %herein
where water sh~ll at any ~imo become s;agnan; ;o be raised. ~lled
up, or drained; m~d to cause all putrid substances of either animal or
vegetable ~o be removed; and ~o effec~ these objects the said city
council may from {ime *o t~o give ordm' *o ~he proprietor or pro-
prickers, or *o his. her or &eir agen; or agen;s, and lo the non-
residen~ proprietors, who have no agen;s lhcrein, no,ice by publb
ration in one or more of %he newspapers prin~ed in said city,
~he period of ~wo weeks, o£ all or m~y gronnds subject a~ any ~ime
~o be covered wi~h stagnant water, ;o fill up, r~isc, or drain such
ground a~ ~heir own expense, and ~he said city council' phall desig-
.n~e how high such grounds shall be ~lled up, raised, or in what
manner they shall drain, and fix some reasonable limo for filling
raising or draining ~he same, and if such proprietor or proprietors,
or agents shall neglect or refltse to ~I; up, raise, or drain
such grofnds in such manner and within such time as th6 said city
council shall have designated and fixed, they shall cause ~ho same
%o be done at ilm qxpense of ~ho city and assess *he amoun~ or,he
expenses thereof on *he lo% or lo~s of ground so filled up, raises or
d~]ained as aforesaid, and place the assessment so made as aforesaid
CITY OF DUBUQUE.
m the hands of thc city collector, who shall proceed to collect the
same by sale of such lot or lots if' not otherwise paid in such man-
ncr and under such restrictions and regulations as may be pre-
scribed by ordinance: Provided the proprietor or proprietors shall
have thc privilege and righ~ ;o redeem such lot or lots within one
year after such sale, by paying to the purchaser or purchasers the
amoun; by them paid ~ogether with ten per cent. interest on the
§ 17. That said city com~cil shall have exclusive power of
pointing supervisors and other craters of the streets and highways
within the said city~ and if collected in money or labor any sum
nor exceeding one dollar annually as a road tax from each and
every person liable by law ~o pay such tax or labor on the high-
ways; they shall have the power whenever public convenience or
safe;y shall require it. ~o prohibit hogs, cattle, horses and all other
description of animals fi'om running at large in the streets, lanes,
alleys, commons and other public places in said city; they shall
have power to license and regulate all carts, wagons and drays, and
every dcserlption of two and four-wheeled tax, luges which may
bo kept in said city for hire. and all livery s~ablos, brokers andloan
§ 18. ThatthesaidcityconncHshallhavepowcrwheneverthey
deem it expedient. *o provide fox' the establishment and support o£
public schools within said city, and to pass all ordinances necessary
and proper £or the good government of the same.
§ 19. That all moneys raised, recovered, received or collected
by means of any tax, lieense~ penalty, fine, forfeiture, or otherwise,
under She authority o£ this act, or which may belong to said city
shall be paid into the city treasury, and shall not bo drawn ~here-
fi'om except by order, or under the authority of the city council.--
And i~ shall be the duty of the city conncll to liquidate and settle
all claims and demands against said city~ and to require all officers,
agents or o~her persons entrusted with the disbursement or expen-
diture of the public money to account to them therefor at such
time and in such ~nanner as they may direct, and they shall annu-
ally publish ibp the infoi'matlon of the citizens, a particular state-
men~ of the receipts and expenditures of ali public moneys belonging
to said city, and also of all debts due and owing to and from the
same. And the city council shall have power to pass all such laws
~AWS OF iOWA.
and ordinances as may .bo necessary and proper %0 ca~ry into
fec~,~ho powers herein, and by ~his ac~ gr~ntod.
~ 20. What every l&w or ordinance ofsaideity, before it shall be of
any force m' validity, or in any rammer binding on the inhabimnis
flmreo~ or o~hars, shall be signed by lhe mayor and published
in one or moro newspapers in said city at least six days.
~ 21. That for tho pmTose of opening or improving any
lane, alley, market spaco~ public landing or common, or other
poses, the term owner or owners, used in this ack is hereby
dared tc mean any person or persons who may own any lease
on lands for any ;erin no; less than ninety-nine years, renewable
tbrevor on any freehold estate, either fo~ lifo or otherwise, upon
any ground to be effected by partition, and such tax shall bo a lien
upon ~he real estate upon which it may be assessed, fi'om the time
of filing such petition until it shall be fully paid and satisfied.
~ 2g. That said city eonncil shall have exclusive power ;o
~ablish and regulate the grade of the wharfs, streets, and banks along
the ~ississippi river, within the corporate limits of said
~ 28. That the justices of the peace in said city shall have full
power and authority, and it is hereby made their duty at such
times as the same by tho city authorities shallbe required or,hem
or any of them, t9 issue ali needful process for the apprehension of
offenders against the bydaws, ordinances and regulations of smd
city, and to hold a. eom'x for tho trial for all offences within said
city, and ~ho same to fine. imprison, o~ d~selmrge, as tho bydaws,
ordinances and regulations of said city, and the facts of the case
may require: and for that purpose they and each of them are
thorizod and requh'ed to cause m come before them, When neces-
sary, a jury of six citizens of said city~ who shall be qualified vo~ers
of said city; and all such offenders on conwction shall bo liable
for the costs of prosecution and judgment shah go accordingly,
and in case of.acquittal. ~he same bo paid by the corporati6n,
lng first been allowed by the city eonncfl, m~d all process in behalf
of said cry, shall run in the name of dm 'United States for the use
and benefit of said city, and shall otherwise conform to the reqmsi-
;ions and provisions that may be made by ~he city council, and
shah be dgned, executed and returned by ;he marshal of said
and until other provisions shall'be made by said city authorities, it
shall be lawful for said justices, or any of them. ;o eommi~ all of-
fenders against said by-laws, ordinances and r%mlations on convic-
rich, to the jail of Du Buquc cmm,sy. A.nd in case v/here a portion
m' all of the punishment shall he imprisonment, the keeper of said
tail is hereby required to receive such pm'son on the I)ropm' war-
'taut of such justices or justice of the peace, into his custody, in said
jail, intho same manner as in ordinary cases. And all expenses o?
suchiraprisomnent in cases where tbe same canuot be collected fi'om
the person ,n convicted aud imprisoned, shall be paid ous of the
treasury of the corporation: tho £ecs of the j'ustices and jurors in
such cases shall be the same as are allowed by the sm,sure.
§ 24. That ali trials for violations of the by-laws, ordinances
and regulations shall be ~n a summary manner, aud that no person
shall, fei' ally offence, bo deprived of his or her liberty, or fined
in auy sum greater than twen,sy dollars, unless convicted by a
jury of six citizens of said city, qualified ,so vote as aforesaid.
§ 25. ~l~hat the said city council shall have the custody~ care
and raanagemen,s of ali real, pm'sonal and mixed cs,mm, and all
other corporate proper;y of said city, and all the reah personal and
mixed estate, money, funds and resources which fi'om time to time
may bo owned by, or of right belonging to said city~ with fidl
power ,so purchase, hold. possess, use and ocmtpy, and to sell and
convey thc same for the use and benefit of said city, and tho in-
habitan,ss thereof: Provided: That the city council shall not have
power 'so soil any real estate beIongiug to said City of])u Buque,
unless the qualified votm's thoreofi in pursuance of ton days' pre-
vious notice given by order of the city council and published in
one or more of the newspapers printed in said city, setting forth
the time, place and purpose of voting, and there shall be a major~
ity of written or printed ballots given expressing their consen;
thereto.
§ 26. That to detkay the cnrren,s expenses of said city, the city
coun'cil shall have power to levy and collect rexes on tile real and
personal propor,sy therein: Provided, that the amount 6ftaxes shall
not in any one year exceed the sum of twen~y-five cents on each
one hundred dollars worth of property taxed. They shall also
have power whenever in their opinion tho interest of said city
shall require it. ,so levy and collect a tax on dogs or other domes-
tlc animals not included in the list of taxable proper,sy for terri-
torialand county purposes, which said taxes shall be collected by
tile city collector and paid' into ~he treasm'y in such manner ~nd
ua¢l~r-such ~es~rictions and regulations' as may bo preSm'ibod by.
LAWS OF IOWA.
ordinance; the city council shall have power to cause ~o be opened,
paved~ or .rcl~aved, or improved, any street. Iauo, alley, market
space, or public landing, on petition of not less than two-thirds of
tho number of owners of any square or parts of a squ~re of said
city bounding or abutting on such street, lane. alley, market space
or public landing, so to bo opened~ paved~ repavod, ox' improved;
and'to levy and collect a special ~ax fei' defraying the costs and ex-
penses of tho same. by an equal assessment on the first front
boundary and abutting as aforesaid.
§ 27. ~hat whenever in tho opinion of the city council it is
pedient to borrow money fro' any public purpose, the question
shall be submitted to the citizens of[Da [Buquo, tho nature and ob-
ject of the loan shall be stated and a day fixed for the electors of
said city to express their wishes, tho like notice shall be given as
in cases of an election, and the loan shall not be made unless two-
thirds of all votes polled at such election shall be given in the af-
firmative.
§ 28. ~hatbeforothisactshalltakeeffectandbeinforce, avote
shall be taken upon the adoption of the same by tho qualified
vo~ers residing within the limits of said city at such time and
place, and under ~uch regulations as tho present mayor and alder-
men of said city may proscribe and determine: Provided, That a
majority of the whole ye ~e cas~ shall be deemed necessary to adopt
and carry into effect this ac~.
§ 29. That this act shall be taken and received in ali courts and
by all ju.dges, magistrates and other public officers, asa public act,
and all printed copies of the same which shallbe prluted by: or under
the authority of the council and house of representatives: shall be
admitted as good evidence thereof without any other proof what-
soever.
§ 30. All acts and ])arts of acts heretofore passed relative
tho incorporation of said city of I)u [Buque. and coming within the
purview of this act, be and the same is hereby repealed.
Arraovr, u, January 19th, 1846.
AN ACT. to incorporate and establish the (]ity of Dubuque.
§ 1. Be it enacted by the general assembly of the State of
Iowa, ~hat all that part of the State of Iowa included within the
following' limits, to-wit: ]]eginning at a point in the middle
of the main channel of the ]V[isslss~ppi river~ eastwardly, and
in line with the south boundary of the town of [Dubuque, as
surveyed and laid out hy thc commissioners appointed in
suance of an act of congress, to ]ay off the towns of ]~ort kVIad~
ison~ ~urlington, [D.abuqu% &c, thence south sixty-seven dc-
grses~ thirty-nine minutes west~ to a stone planted in the ground;
thence on the westmdy boundary~ north twenty-two degrees thirty
minutes west, tO a stake and sto~e; thin,ce on thc north bom~dary~
north sixty~sevcn degrees thirty mluutcs cast to the middle of tl~e
main channel of the }5ississippi river~ thence down said river with
said channel to the place of beginning; shall be~ and is hereby
clarcd to be a city~ and the inhabitants thereof are created a body
corporate andpoliti% with perpetual succcssion~ by the name and
style of the city of [Dubuque; and as such by that nmnc shall be
capable in taw of contracting and being contracted with, of suing
and being sued, pleading and being imp]eaded~ answering andbcing
answered unto: in ail courts and places in all matters whatsoevcr~
and also of purchasing~ nsing~ occupying, enjoying and couvcying
real, persona[ and mixed estate, and may have and use a corporate
seal~ and may changc~ alter and renew thc same at plcasur% and stmtl
bo competent to have, exercise and enjoy all the rights, immunitics~
powers and privileges~ and be subject to all the duties a~ld obliga-
ti0Bs incmnbent upon~ and appertaining to a municipal cra'potation,
and for the better ordering and governing said city, thc exercise
of th6 corporate powers of the same, hereby and herein ga~anted~
and the administration of its fiscal, prudential and municipal con-
corns, with the conduct: direction and government thereof, shall bo
vested in a mayor and aldermen, consisting of seven members to
be denominated the city council~ together with s. uch other ofllcer~
as are hercinafte? mentioned and provided for.
§ 2. That the said city of [Dubuque shall be and hereby is
vested as the lawful owner and proprietor~ with all the real, per~
sonal and mixed estate, and all tho rights and privileges thereof~
together with ali ttxe property~ flmds and revenues, and all mm[eys,
debtsi accounts and demands due, and owing] or in any wise belong
lng to said city; or which by or under the authority of any former
act or. acts, have been acquired, vested in, or is or may be owing
belonging to the city of [Dubuque, together with all rights, interests,
Claims. and demands in favor of or against said city, may bo c0nti~t-
CIT¥ OF DUBUQUE. 35
34
L).WS OF I0~fA.
ned, prosecuted, defended and collected, in the same manner as
though this ac~ had never been passed.
§ 8. That the qualified electors of said city~ shall on the first
)/[Cnday in April~ A. ])., 1847, and annually on the same day ~hereaf~
~er elect a mayor, who shall have resided in said city three years;
and the qualified electors of said city shall atthe same time elect six
~ldermen, who shall have resided in said city ~wo years, and the
mayor and aldermen so elected, when assembled together and duly
organized, shall constitute the city council: a majority of whom shall
be necessary ~o constitute a quorum ~br the ~ransaction o~ business:
they shall be the judges of the e~ec~ion returns and qualifications of
their own members, and shall continue in office for the sera of one
yea~. and un~il their successors shallbe chosen and qualified. Tl~ey
shall determine the rules of their proceodings~ and keep a journal
thereo~ which shall be open ~o the inspection and examination of
every citizen, and may compel tho a;;endance o; 'absen~ members
in such manner and under such penalties as they may prescribe.
And they shall mec~ a~ some convenient place in said city on the
second 1gonday in April: and after taking the~oath of office before
some officer qualified to administer oaths, shall elect fi-om their
own body a president 2re tempers.
§ 4; That there shall be elected by tho qualified electors of said
c~ty, on tho first ~onday of April annually~ a treasurer, who shall
hold his office for tho ~erm of one year, and ufitil his successor shall
be elected and qualified, lie shaR perform such duties and exercise
such 1)ewers not herein specified, as may be lawfully required of him.
There shall also bo elected by tho qualified vo~ors of said city on tho
first ~[onday of April, annually, a recorder, city marshal, and as-
segsor of said city~ who shall hold their offices, for the ~erm of one
year, and until their successors shall be chosen and qualified~ and
who shall perform such duties and exercise such powers as may be
lawfully required 6f them by ~he ordinances o£ said city.
§ 5. That in all elections fox' city officers i~ shall be the duty of
the mayor ~o issue a proclamation to the qualified vo~ers of said
cit~ setting forth the time of such elections, the place or places
where ~he same shall.be holden~ the officer or officers ~o be chosen,
~nd cause such proclamation to be posted up in three of the most
Imblie places in said city a~ least ten days previous to such~ election.
And every such election shall be openedbetweenthe hours of eight
~nd ~en o'clock in the forenoon, ~nd continue open.until four o'clock
~n tho afternoon, and shall in ~11 things bo conducfed agreeably ~o
the laws regulating township elections fox' the time being; and it
shall be the duty of the judges of said elections, within ~wo days
thereafter~ ~o make and direct the re~urns thereof ~o the mayor of
said clty a~ his o~ce, in the same manner thai election re,urns are
required to be made by the townshi~ ~rus~ees for the time ~eing:
Provided; That in all elec~ionsformayor,~hero~urnsshallbe made
and directed to %ho presiden~pro tempers of bbc oily council, and
~ho ~ayor or presiden~Tro tem2ort of %ho city council, as fixe case
may b% shall wi~hln five days after any such elecg~on,open tho returns
which shall have been made as aforesaid, and shall make an ~bstract
of ~ll the votes, and file ~he same with [he ci[y recordoL who sh~ll
make a record thereof in ~ book ~o bo kep~ by him for gha~ pur-
pose, and the person or ~ersons. hav~ng the bights[ number of
votes shall bo declared duly elected; bu~ if fi'om any canse %ho
qualified voters of said city: or any o~' ~ho respec~[ve wards, as
~ho case may be, should fail %o effect any election a~ tho ~imo ~nd
m vhe manner herein ~rovided, the mayor shall forthwith issue his
proclamation for ~ second or o~her election, which ]n all things
shall be no,tried, conducted, regulated, and thc re~urns %hereof
made as in and by tl~is ac~ is prescribed and the person or ~ersons
who shall be chosen a~ any such second or o[hcr cloc%ioa, shall
hold their offices until ~ho nox~ ensuing annual election and until
their successor or successors in office shall bo elected ~nd
qualified and it shall be tho du~y of ~ho m~yor or presi-
den~ pro tempers of flxc city council, hnmodia~ely to notify
such person or persons who may be elected as aforesaid, of his or
their sleepier., by cans]ut a written no,ice ~hereof to bo served
upon him or bhom by ~ho city marshal; and every person so chosen
or elecbed as a~orosaid, shall within ten days after his election,
cause himself ~o be qualified ~o enter upon the duties of his o~c%
andin defaul6 ~hereo~ ~ho o~ce ~o which he shah h~ve been elec-
ted. sh~ll be deemed and considered in law ~o be vacated; and it
shall be ~hc du~y of ~ho city council ~o prescribe ~he ~ime andm~n-
~xer~ and provide the place or ~laces of holding all elections in said
city for city o~cers~ and 0f m~klng ~he reburns ~hcreof~ ~o~ herein
otherwise directed and proscribed; and ~ho s~id city council shall
appoin~ judges ~nd clerks for all city elections.
~ 6. That each and every white-male ci~izen~ ~bove ~he age of
twohy-one years, who ~h~ll have ~en ~ residen~ in .said city ~x
months immediately preceding any cleetioa for city officers, shall
se deemed a qualified voter of said city, and shall be entitled to
vote in the same. or ia the ward where he may' reside, for mayor,
aldermen, recorder, treasurer, city marshal, assessor, and suel{
other officers as are in and by this act dices;ed to be chosen by thc
ciualifis 1 ye*ors of said city, or of the respective wards therein.
and all others which by public ordinance may be required to be
chosen or elected: and When any pm'son shall presom himself to
give his vote, and either of tho judges shall suspem that such per-
son does not possess tho requisite rlUalifieations of un elector, or if'
his vote shall be challenged by an elee~or, who has previously given
his yom a; such election, the judges of said election shall tender to
such person an oath or affirmation in the following form, to,wit:
"I. A. I3., do solemnly swear her affirm, as the c~se may be) that I
a,n a citizen of the United States. and that ~ have been a resident
of this city six months imrhediately preceding this election, and a
resident, of this ward (if wards have been established) and to
the best of my knowledge and belief, have a~;alnod the age of
twenty-one years, and that I have not voted at this deetion."
§ 7 That no member of the city council shall be eligible to any
office within the gif~ of the city council during the year for which
he may have'been elected, nor shall any member of the city council
be interested, directly, or indirectly, in the profit of any contract
or job for work or services to be performed for the city.
§ 8. That it &all be the duty of tho mayor to be vigilant and
active at all times, in causing the laws and ordinances of said city
to be p~;in force and duly executed, lie shall sign all by-laws and
ordinances adopted and passed by the city souncil, and see that the
same are published six days before they go into effect, tie shall pre-
side when present, at the meetiugs of the city council and bo dehorn-
tasted president of the same. and when there is u tie, shall give the
casting vote. lie shall do and perform such other duties as the city
council may prescribe and determine, notineonsistent with the pro-
visions of this charter.
§ 9. That the ;reasurer, marshal, recorder assessor, and all
other officers under the government of said ci;y. shall, before en-
tering upon tho duties of their ~,espeetive offices, take an oath or
affirmation, zo support tho constitution of the United States. and
faithfully and impartially to perfbrm ti~e several duties of the offices
to which they iaayberespeel/ively elected or appointed, and when
CITY OF DUBUQU,E~
37
required, shall give such bond to tho city, with good and sufficient se-
eurit? in such sum. or stuns, andwith such conditions thereto, as
the city council may fi'mn time to time direct, and in ail cases not
herein provided for, shall respectively be allowed, and receive such
fees mid compensation for their services, and be liable to such fines.
penalties and forfeitures for negligence, carelessness, misconduct in
office, and positive violation of duty, as the said city council shall
re'dm' and determirie: and it shall be the duty of the said recorder
to keepthe seal of said city, and all the records, papers and official
doeumen;s thereuuto belonging; he shall keep fair books, ,~herein
shall,be kept the accounts of the ct;y: shall a;~est all orders issued
by the city council ~br tho payment of-money, and enter the same
in uumerical order in a book to he kept for that purpose: andshall
perform ~uch other duties as shall be retluired of him by ordinance.
§ 10. That the city council shallprovide ~ he times and places of
holding their meetings not herein othorwlse provided for, which
shall at all times bo open to the public; they shall provide by ordi-
nance for tho election by the qualified voters of said city, of such
other city officers whose election is not herein otherwise provided
for, as shall be necessary ibc the good govennnent of said city,
and tho duo exercise of its corporate powers, and which shall have
been provided for by ordinance. And all city officers whose
term of service is not prescribed, and whoso powers and duties are
not defined in and by this act. shall perform such duties, exer-
cise such powers, and continue in office for such term of time not
exceeding one year, as shall be prescribed by ordin/mce
~ 11. That whenever the office of mayor, councilmen. ~reasurer,
marshal, recorder, or any other officer, in and by this act, specified
sad provid6d for. shall become vacant by death, resignation, remo-
~¢al from the city, or otherwise, it shall bo the duty of the council.
as soon as may bm ;o aI point some suitable person having the re-
quisite qualifications to fill such vacancy, and tho person so appoin-
ted shall continue in office daring the remainder of the term fbr
which his predecessor was elected and in case of sickness, or tempo-
racy absence of the mayor, the ~tutics of his office during such
sickness or temporary absence, shall be discharged by the president
pro tera~ who sh~ll be obeyed and respected accordingly.
§ 12, That thc said cry council shall have power, and it is hereby
made their duty ~o make and publish from time to time, all ~nch
ordinances as shall bo necessary to secure said city and the inhabi-
LAWS OF ~oWA.
tantsthereofagalnst iujuries by fire~ thieves, robbers, burglars~ and
all other persons violating the public peace; for the suppression of
riots and, gambling~ and indecent aud disorderly conduct; for the
punishment of all lewd and lascivious behavior in the streets and
ot~er public pl~cesin said city; they shall h~ve power from time
to time, to make and publish all such l~ws m~d ordinmmes ~s to
them shall seem necessary to provide for the safety, preserve the
health, promote the prosperity ~nd improve the morals, order,'
comfort and convenience of said city ~ud the inhabitants thereof.
to impose~fines~ forfeitures ~nd penalties on all persons offending
against the l~ws and ordinm~ccs of said cifiy, ~nd provide ~br the
prosecution, recovery ~ud collection thereof~ and sh~ll h~ve power
~0 regulate by ordiu~nce the keeping ~nd sale of guupowder within
the city.
~ 13. ~h~t the city council shall'have power to establish
organize all fire companies~ and provide them ~ith proper engines
~nd such o~her instruments ~s shall be necessary to extinguish fire,
and preserve the property of thc inhabitants of said city from con-
flag,allen; and they shall have power to establish and consti~ute
landing places, ~harvos, do&s~ and basins in said cry, at or on
any of the city property, and ~x the ra~es of landing, wharfage,
ann do&age of all steamboats, boats, rahs and other water crafts,
and of ail goods, wares and merchandise, produce and other arid
des that may be moored at, lauded on, or taken fi'om any landh~g,
wharf, dock, or baMn, bdonging to said city.
~ 14. That for the pm'pose of more effectually scenting said
city fi'om the. destructive ravages of fire, the said city council
shall have power and authority, on the application of three-fourths
of the whole number of owners and prop~Setors of any square or
fractional square~ in said city, to prohibit in the most effectual
manner, the erection of ~ny building, or the addition to any building
before re, coted, more than ten feet high, in any such square or fi'ac-
tionM square, excep~ ~he outer walls thereof, shall be composed en-
tirely of brick, or stone and mortar~ and to provide for the mos~
prompt removal of any building, or addition to any building which
may be erected, contrary to the true intent and raeaning of this
section.
~ 15. That the city council shall have power, and it is hereby
made their duty to regulate by good ann wholesome laws and ordi-
n~ees~ taverns, ale, beer, alder and porter shop~ mid places
CITY OF DUBUQUE.
where spirituous liquors are sold in less quantities ~han one gallon,
and M1 other houses of pubilc entertainment in said city; all the-
atrical exhibitions and public shows, and all exhibitions of what-
ever name and nature, to which admission is obtained on the payment
of money, or any other reward; to license and establish ferries
across the 3~ississippi river, from said city to the opposite shore,
to fix the rates of the same and to impose reasonable fines
and penalties for the violation of any such laws and ordin-
ances. And the said city council shall have full and exclusive
power to grant ox' refhse license to tavern keepers, inn holders,
retailers of spirituous liquors, by less quantities than one
gallon, keepers of ale, porter, cider, beer houses and shops, and all
other houses of public entertainment, showmen, keepers and man-
agers of theatrical exhibitions, and other exhibitions for money or
other reward, auctioneers for the sale of goods, wares and merchan-
dise, horses and other animals at public auction, keepers of billiard
tables~ ball aud ten pin alleys, and keepers of ferries fi'om said city
am'ess thc ~ississlppi river to the opposite shore; andin grantiug any
such license it shall be lawful for said city councilto exact, demand~
and receive such sum or sums of money as they shall think rea-
sonable and expedient; to annex thereto such terms and coudi-
lions in regard to time and place, and other circumstances under
whi& such llcen~e shall be acted upon, as in their opinion the peace,
quiet and good order of society, and said city ~nay require, and for
thc violation of said terms and conditions as aforesaid, the city
council shall have power to revoke ox' suspend any such license,
whenever the good order and welfare of said city ,nay require it
in such mannm' as shall be provided by ordinance.
§ 16. That the city conncii shall have power, and they are here.
by authorized to require and cmnpel the aba~ement and removal of
all nuisances within the limits of said city, under such regulaVions as
shall be prescribed by ordinance; to cause all grounds therein
where water shall at any time become stagnant to be raised, filled
up, or drained; and to cause all putrid substances of either animal or
vegetable to be removed; and to effect these objects the said city
council may fi'om time to time give order to the proprietor or pro~
prietors, or to his, her or their agent or agents, and to the non-
r~sident proprietors, who have no agents therein, notice by publi-
,cati(m in.one or more of tho newspapers priuted in said city, for
.the period, of two weeks, of all or any grounds subject at any time
40 LAWS OF IOWA.
to be covered with s~agnanr water, to fill up, raise, o~ drain such
ground at their own expense, and tho said city council shall desig-
nate how high such grounds shall bo filled up and raised, or in what
manner they shall be drained, an d fix ~omo reasonable ~imc for filling
up,r~ising m' draining the same:and if suchproprietor or proprietors,
or agents shall neglect or refuse ;o ~11 up, rinse, or drain
such gTounds in such manner and within such time as the said city
council shall have designated and fixed. ~hoy shall cause the
to be done a; the expense of the city and assess tho amount of the
expcnsc~ thru'eof on ;he lot or lo~s of gronnd ~o filled up, raised or
drained as aforesaid- and place ;ho assessment so made as aforesaid
in tl~e hands of lhe ci~y collcctor, who shall proceed ;o collec~ ~he
same by ;he sale of such lot or lots if nob otherwise paidin such utah-
ncr and under such res;fictions and regulations as may be pre-
scribed by ~rdinance: Provided the prot rioter or proprietors shMl
have the privilege and right ;o rcdemn s,cb Ioi or lo~s within one
year after such sMo. by paying ~o the purchaser or pm'chasers tho
amonn~ by them paid together with 10 per cent. in~eres; fl~ercon.
~ 17. That sala city council shall have the exclusive power of
pointing supervisors and other o~cers of the s~ree;s and higkwWs
~ithin the said dry, and if collected in money or labor any sum
no; exceeding one dollar annually as a road tax from each and
every person liable by law to pay such ~ax or labor on the high-
ways; they shall have ~he power whenever tl~e public convenience or
s~fety shall require R. ~o F'ohihit hogs, cattle, horses and all other
of animals ?rom running a~ large i~ tho streets, lanes, alleys,
commons and ogher public places iu said ciiy; they shall
have power ~o license a,~d regulate all car~s, wagons and drays, and
every description of two and four-wheeleR carriages which may
be kept in said ci~yf~r hire, and all livery stables~ brokers and loan
o~ces.
~ 18. Tha~ sala city council shall have power wheneycr they
deem it expedioni, to provide for the establishment and suppor~ of
public schools within said cry, and to pass all ordinances necessa~
and proper for the good governmen~ of l}~e same.
~ 19. ~hg~ all moneys raised, recovered, received or collected
by ~eans of guy tgx~ license, penalty, ~ne, fmfei~ure, or ofl, erwisc,
nnder ihe authority of this ac~, or which may belong to smd city
shall be p~ia i=~o the city treasury, and shall not be drawn there-
~om exeep~ by order, or under *he auflxorRy of the city connciL
41
And it shall be tho duty of the city council to Iqquidate and settle
all claims and demands against said city, and to require all officers,
agents or other persons ch;rusted with the disbursement or expen-
diture of the public money to account to them therefor at such
time and in such manner as they may direct, and they shall ani~u~
ally publish for the information of the citizens, a particular state-
mere of the receipts and expenditures of all public moneys belonging
to said city, and also of all debts due and owing to and from the
same. And the city council shall have power to pass ali such laws
and ordinances as ~nay be necessary and proper to carry.lute ef'~
feet the powers herein, and by tiffs act granted.
§ 20. That every law or ordinance of said city, before it shall be of
may force or validity: or ia any manner binding on the inhabitants
thereof, or othcrs~ shall be signed by the mayor and published
in one or more newspapers in said city at least six days.
§ 21.' That for the purp )se of opening or improving any street,
lane, alley, market space, public landing or common, or other pur-
poses, the term owner m' owners, used in this act, is hereby de-
clared to mcan any person or persons who may own any lease up-
on lands for any term nor less than ninetymine years, renewable
forever.on any freehold escape, either for life or otherwise, npon
auy ground to be effected by partition, and tax levied shall be a lien
upon tl~e real estate ~!pon which it may be assessed, from the time
of filing such petition until it shall be fully paid and satisfied.
§ 22. The city council shall have exclusive power to es-
tablish and regulate the grade of wharfs, streets, and banks along
tl~e ~isslssippi river, within the cm~porate limits of said city.
§ 23. Any justice of the peace within said city shall have full
power and authority, and it is hereby made their respective du-
*les at such times as complaint and application shall be duly made
before either of' them, ~o issue all needful process for thc apprehen-
sion of offenders against any of the by-laws,ordinances or regulations
of said city, and to hold a court for the trial of ali offences within the
said city, and the same to fine, imprison~ or discharge, as the by-laws~
ordinances and regulations of said city, and the facts of the case
may require; and for that purpose they and each of them axe au-
thorized and requfl'ed to cause to come before them, when neces-
sary~ a jury of six citizens of said city, who shall be qualified voters
of said city. And all such offenders on conviction shall be liable
fox' the costs of prosecution and judgment shall go accordingly,
LAWVB OF IOWA.
and in ease of acquittal, tho same shall bo paid by the corporation.
having first been allowed by the city council, and ail pro eessin behalf
of said city, shall run in the name of [he State of Iowa for the use
and benefit of said city: and shall otuerwise conform to the recfuisi-
tions and provisions that may be made by the city council, and
shall bo executed and returned by the marshal or any constable
within said city, and until other provisions shall be made by the
city authorities, it shall be lawful, to commit all offenders
against said bydaws, ordinances and regulations on conviction.
;o the jail of Dubuque county. And in ease where a portion
or all of the punishment shall be imp~hsomnen% the keeper of said
jail is hereby required ;o receive such person or persons on the
proper warrant of the }ustice of the peace, into his custody,
in thc same manner as m ordinary cases. :knd all expenses of
suchimprisonment in cases where the same cannot be collected from
the person or persons convicted and imprisoned, shall bo paid
of tho cry treasury. The fees of the justiccs of the peace, marshal,
constables or jurors in such cases shall be ;he same as are allowed
by the sm;u~e in similar cases for the State of Iowa.
~ 24. That all trials For the violation of the by-laws, ordinances
and regulations shall be in a summary manner, and that no person
shaiI, for any offence, be deprived of his or her liberty, or be fined
in any sum greater than twenty dollars, uuless convicted by
jury of six citizens of said city, qualified ;o vote as aforesaid.
§ 25. ~hat the said city council shall have thc custody, care
and managemen~ of all real, personal and mixed estate, and
other corporate property of said city: and all thc real. personal and
mixed estate, money, funds and resources which f~om time to time
may be owned by, or of rigid; belonging ~o sai~ city, with fall
power ~o pm'chase, hold, possess, use and occupy, an0 to sell and
convey the same for tho use and benefit of sai.d city, and the in-
habitants ;hereof: Provided. That the city council shall not have
power to sell any real estate belonging to said City of Dubuque,
unless the qualified ye;ers thereof, in pursuance of ten days' pre-
vious notice g~ven by order of the city council and published in
one or moro of the newspapers printed in said city, setting forth
~he time, place and purpose of voting, and there shall be a major-
ity of written m' printed ballots given expressing ;heir consent
.thereto.
CITY OF DUBUQUE.
43
§ 26. That to deft'ay thc currcn; expenses of said city~ the city
council shall have power to levy and collect ;axes on the real and
personal property therein: Provided. ~hat tho amount of taxes shall
not iu any one year exceed the sum of twenty-five cents on each
one hundred dollars worth of property ;axed. They shall ~lso
have power whenever in their opimon the interest of said city
shall rcquir9 it, to levy and collect a mx on dogs or other domes-
tic animals not includedin the list of taxable property for territo-
rial, [state] and county purposes, which said taxes shall be collected
by thc city collector and paid into the treasury in such' manner and
nnder such restrictions and regulations as may be prescribed by
ordinance; the city council shall have power to cause to be opened~
paved, or repaved, or ~mproved, any s~ree~, lane, alley, market
space, or public landing, on petition of not less than two-thirds of
the numbm' of owners of any square or part of squarc of said
city boundary or abutting on such street, lane, alley, market space
or public landing~ so ;o be opened, paved~ repavcd, or improved;
and to levy and collect a special tax for defraying the costs and ex-
penses of the stone, by an equal assessment on the first front
bouudary and abutting as aforesaid.
§ 27. That whenever in the opinion of tho city council it is ex-
pedient ;o borrow money for any public purpose, the question
shall bo submitted to thc citizens of Dubnllue, the nature and ob-
jec~ of the loan shall bo stated: and a day fixed for the electors of
said city ~o express their wishes, zhe like notice shall be given as
in cases of election, and the loan shall not be made unless two-
thirds of all the votes polled at such election shall be given in the
affirmative.
§ 28. That this act shall be taken and received in all courts and
by ail judges, magistrates and other public officers, as a public act,
and all printed copies of the same which shall be printed by, or under
the authority of tho senate and house of representatives, shall bo
admitted as good authority ~hereof without any other proof what-
§ 29. That all acts and parts of acts heretofore passed relative
to the incorlmration of said city of Dubuqu% and coming within tho
purview of this act. be and thc same are hereby repealed.
KrP~ovzo February 24th, 1847~
L&W8 OF
&'N AGT to amend an acu entitled "An act to incorporate the City of
Dubuque," approved, February 24th, 1847.
§ 1. Bo it enacted by the general assembly of the State of Iowa;
That hereafter tho mayor of the City of Dubuque, 'who shall be
elected by vlrme of the provisions of ~he ac~ ~o ~hich this
amendato~ shall be, and ho is hereby invested wRh all the powers
now granted by law to justices of the peace within this State,
the purpose of hearing, ~rying and determ~nin~ all offenco~ eom-
muted against tho ordinances of said ci~y~ mxd tho smd mayor
~hall also be-a conservRor of tho peace within tho limits of said
city.
~ 2. ~ha~ tho s~d mayor shall, as near as may be confo~e~ lo,
bo govem~e~ by ~he several acm in relal~onto
now in force, and which have been heretofore passed by ~he coun-
cil and house of representatives of tho terrko~ and by the gen-
eral assembly of thc S;a;e of Iowa.
~ 3. Tha~ the smd mayor shall be allowed such fees for his see-
vices as are now, or that may hereafte~ be allowed by law to jus-
tices of the peace for like services.
~ 4. ~hat every law or o~dinance passed by the city council
said city shall be in full force and binding upon tho inlmbRants
thereof and others, six days after tho same shall have been publish-
ed in any public newspaper printed in said city of Dubuque.
~ 5. ~hat in addition to thc powers already granted in the act
;o which this is amenda~ory~ to tho city c ~nncfl of said Oity
buquc, the said city commfl shall be and are hereby authorized to com-
pel all merchants and storekeepers within said city to pay
addition to tike tax provided for in sqid act~ such farther sum fo~
license to sell goods~ wares and merchandize as the said city conn-
cfi slmllby ordinance do¢m proper to impose.
~ 6. ~ha~ all acts and pa~s of acts to which this is amenda-
tory, which conflict with the provis~ons of this act, be and the
same are hereby repcMed.
~ 7. ~his ac~ shall take effe6t and be in force fi'om and after
publication in the ~iners' ~x2?~ss and .Dubuque Tribune, newspa-
~r~vl~, J~D~mry 25th, 1848.
CITY OF DUBUQUE.
AI~ ACT uo amend an act entitled an act to incorporate and establish
the city of Dubuqu~ approved February twen-ty-fourth, 1847.
§ 1. Ibc it enacted by the general assembly of tho State of
Iowa, That zhe twenty-sixth section of an act entitled an act to
incorporate and establish thc city of I)ubuquo, approved February
24th. 1847. be so amended as to empower the city cmnmil to levy
annually a special tax~ to pay the interest on such loans as are
thorized by the twonty-scventh section of said act.
§ 2. This act shall take effect mid be in force from and aftcr its
passage.
Arr~ovrr. JANUAaY 18th, 1851.
AN ACT supplemental to an act approved January 18~ 1851, amenda-
tory to an act to incorporate and establish the city of Dubuque.
§ 1. [Be it enacted by thc general assembly of thc State of
Iowa, That the authorities of tho city of ])ubuqne are hereby
thorizcd to levy and collect, on all property subjcc~ to taxation
within said city, at the rate of one per cent. on zho valuation thereof,
tO bo in no case expended or applied for any other purpose than
thc improvemen~ of the harbor of said city.
§ 2. The authority granted in the firsl section of this act shall
be and remain in ibrcc for and during tho term of ;we years, and
nolonger: Frovided; Tho assessment of tax and the collection
thereoI; shall be governed by zhc rules and regulations prescribed
in this act. amended by ;he act to which this is supplementah
§ 3. The assessmen~ aud amounts to be collected as contem-
plated in this act, shall be under the control of thc said city counctl~
'as to the collection of said tax, whether the same shall be collected
in cash or otherwise.
§ 4. This act shall take effect or be in force from and after its
passage.
.~P?ROY~])~ FEBR~JARY 5~ 1851.
Alii ACT to amend "An act to incorporate and establish the city of
Dubuque."
§ L ]~e it enacted by the general assembly of the State of
Iowa, Thai tho boundaries of thc city of Dubuque, shall hereafter
46 ~A~S OF I0~A.
be as follows: Beginning at a point in the aniddle of the main
channel of tho ~ississippi river, in tho south line continued of sec-
lion thirty, one, township eighty-nine, north of range three, east;
thence west, and on the south line of said soetion~ and of sections
thirty-six and thirty-five, in the same township, in range two, cast,
to tho west line of said section thirty-five; thence north, on tho
west line of section thirty-five, twenty-six, twenty.throe, and four-
teen, to tho north line of section fourteen; thence east, on the
north line of sections fourteen and thirteen, to tho range line be-
tween ranges two and three, east; thence north along the same, to.
the north line of section seven of same township, in range three,
east i thence east, along the north of sma section seven, and on the
same continued to the middle of the main channel of th9 ~{ississippi
river; ~hcnce down said river with the middle of said channel, to ~
the place of beginning.
§ 2. That the elty council of tho city of Dubuque shall divide
tho territory hereby brough; into said city, into ;we election dis-
t~%ts, and shall provide for holding an election therein, in each o~
which shall be elected in the manner, and a; the time now provided
for the election of city oflloers. ;we aldermen~ whose qualifications
shall be ;he same aa now required in said city, and the city council
shall thereaftdr consist of eleven members. The mayor shall con-
;inns ~o be elected annually, but the aldermen from each ward and
district shall, i~nmediately after such election, decide by lot. which
aldermen, so elected in each ward or district, shall hold for tho
term of two years, and which for ;he term of one year, and the
aldermen so elected, shall respectively hold for the ;erin so indica-
ted. The said city couucil shaH. as soon as practicable after such
election, proceed tc divide said city into five wards, as public con-
venience may require, the boundaries of which may in like manner
be altered, whenever the ei~y council may deempropor: in each of
which wards there shall bo elected in each year thereafter, eno al-
derman, ~o hold for the ;erin of two years.
§ 3. That all lands lying within the territory hereby brought
into the city and not lald out into ;own lots or cultists, shall not be
assessed or taxed otherwise than by the acre. according ~o its
v. alue for agricultural, horticultural, mining, or other pm'poses; but
all improvemenzs ;hereon may be taxed a~ their full value. And
the elty shall make adequate compensation to all person or persons
injuredby reason of the opening~ extension, widening, or alteration
OITY OF DUBUQUE.
47
of any highway, street, or alloy in said city, to ascertain which,
when such amount cannot be otherwise agreed upon, the said city
council shall cause to bc smnmoned six freeholders, and citizens of
said city~ not dircctlyinterested in the case, good and lawful men,
who, being first duly sworn for that pm'pose, shall inquire into, and
take into consideration the benefits, as well as tho injury which
nmy accrue, and shall estimate and assess the damages which
would be sustained by reason of thc opening, extending, widening,
or altering of any highway, street, or alley, which damages, if any,
shall bo paid out of the city treasury; and upon the payment of
tho same, the person or persons, whose property has been so taken,
shall deed to the city forever, all such property for the purposes for
Which it is taken.
§ 4. The city of Dubuqne is hereby constituted a special road
district, and the city council shall have power in addition to the
;axes otherwise authorized, to levy road taxes, not exceeding tho
amount allowed to bo levied by the county ceurt, and may provide
fox' the paymou; and collection of tho same, in a manner similar to
that provided fbr thc collection of county road taxes, or in the
manner other city rexes are collected. They may also provide for
the manner in which all such taxes shall be expended on the streets
and highways in such city; and all persons and property rightfully
taxed within said city in accordance with this section, are hereby
exomp[ from aH taxes to thug extent for roads to the county.
§ 5. The county supervisors of roads, or the township supervi-
sor of Jnlien township, in said county, is not required to expend
labor upon ox' ;o exercise any control or supervision over tho roads
or streets in said city, but the duties and responsibilities imposed
by law on such officer generally, shall, as to tho highways and
streets in said elty~ devolve upon the city council, or upon such
officer as thoymay appoint, to take charge of the same.
§ 6. That. to defray tho current expenses of said city, the city
council may levy, ~n any year, in the manner now provided by law,
a mx. no; ;o exceed one-half of one per cent. upon tho assessed
value of all the proper~y taxed: Provided; That if in any year
tho city council shall deem it necessary for the same purpose, to
levy a tax beyond tho amount thus limited, they may submit the
question of such additional amount to the legal voters or said city
a; a special election in the manner provided in tho twenty-seventh
section of ;he act hereby amended; and if a majority of such votes
4S LAWS OF IOWA. __
shall thus ~xpress their wishes in favor thereof', then such city
council may levy such additional amount, and provide £or the cod
lectlon thereof: Provided: Such ~ddRiona[ sum shall not. with
~he sum already levied for the same purpose in a~y one year,
coed ~ho smu of one per eenu upon ~ho assessed value of the prop-
er~y ;axed ~i~hin s~id e[~y: And~ provided, such ;ax shall only be
lev[ed for one year, by reason of a~y vo;e thereon, unless ~ke quos.
' ' d by ~ m~jorRy of votes
;hereon.
~ 7. ~ha; each member of ~he city council of said eRy~ shall
receive a eompensa~i°a for his services as sash, ;o be fixed by ordi-
ri&nee. ~o be paid out of ~he ei;y *reasury; bn~ such compensation
shall no; exceed one dollar per any, nor sh~ll any one ~ember of
said eonneit receive a compensation fro' his services as sash, ~o
coed fifty-two dollars in any one year.
~ 8. That ~he city council shall have power ~o appoint all offi-
cers or deputies, which may be neeessary~ ia ~heir opinion, for
mnmeipal goveramen~ of said city, whose election is no; provided
for by ~he ac; *o which ~hls is amenda~ory, by name, ann who
shall each, before entering upon their respective duties, take ~he
necessary oa~h and give such reasonable bonds as ~he said council
~ay require.
~ 9. Tha*. ;o ascertain *ko ou~smnding [ndeb~edness of said
city, ~he city eonneil may publish a no~iee in one or more of ~he
public newspapers published in said city. for four weeks, noglfying
and re~a~ring all persons having any ou~st~ndi, g order ann orders
on the treasury, which ha~e not been duly registered and counter-
signed by the ~reasurer. ~o present ~he same ;o ~he city
for registering wRhin ninety days kern tko first publication of
such nodes: ann i~ shall bo ~he duty of such ~reasm'or ;o register
and eonntersign the same, noting ~he da~e, ~mounh and ~o whom
issued, with the name of ~he person holding or presenting tho
same, ~n a book ~o bo by him kep~, and to report ;he same~o
city eouneih Ann all orders no; so presented, nor registered, shall
not *hereafter, be paid or received in paymen~ by ~he *reasnrer. or
by any officer ia p~ymen~ of any dues to ~he ei~y: ~rovided; That
any order or orders duly issued and unpaid, bat no~ so presort*ed or
regis*orca, ~ay bo presented ~o ~he city counts as other unpaid
counts against s~i~ cry, and may be allowed or otherwise disposed
of, as to ~ho s~ia council may seem just.
CiTY OF DUBUQUE,
49
§ 10. That it shall be the duty of tho city council, and they
are hereby authorized and required, ;o provide for tho establish-
menu and support of public schools within said city, and To pass
all ordinances, and levy and collect all nccessmT taxes proper
such purioose, and for the good government of the same: Provi-
ded; That no tax shah bo levied and collected in any one year be-
yond one-fourth of one per cent. upon the assessed value of aH
proper~y~ taxed fbr the purposes in this sectiou stated.
§ 11. That allreal es;ate owned by the city in its corporate
pacity, shall be exem]?~ Ii'om taxation for s;a~c, county or city
purposes.
§ 12. That this act shall take effect from and after its publica~
don in tho .Miners' Ex~ress and Dubuqut ~£sra~d. published in tho
city of Dubuque, and anything contained in the ac~ uo 'which this
is anaendatory, and which is ineonsisient with the foregoing pro-
sisions of this act. is hereby repealed: Provided. the publication
shah be a; the expense of thc city or Dubuque.
A~pgov~n. JANuAnY 22d. 1853.
AI~' ACT to amend alt Act to incorporate and sstablish the Ulty of Du-
buque, approved February 24th, 1847.
§ 1. ]Be it enacted by the general assembly of the State of Iowa
That to enable tho islands in front of the City of Dubuquetobe
proved and tho streets and alleys in said city to be extended to tho
navigable waters of the main channel of tho Mississippi river, the
city council of the City of Dubuque shall have power and author-
ity, whenever it may be necessary fbr tho extension of any szreet
or streets in said sity, to bridge any.slough or sloughs~ or branch
of the ~ississippi river, within the corpora;o limits of said city, to
cons;rue; or cause to bo constructed any such bridge or bridges,
as they shall deem it to be necessary for tile pm20osos
upou and am'oas any slough or sloughs or b~'anches of
thc 3/[ississippi river, within tho corporate limits of sMd city.
§ 2. That the City of Dubuque shall eonstitate one permanent
subject ~o alteration, by the school fund corn-
and shall be subject to conzroi of the city council of
saidcity~ who shall provide for the adeCluam support and mature-
schools in said district; and so much of the Code
L~6r5 01~ IO~A.
50
meetings of e~ch school district on
of IoW~ ~s requires regular Oc;ober in each year. and so ~uch
the ~rsi ~ond~y in ~Y ~ud° sa~d district. The city council of
thereof ~s requires %he elec~on of ~x. us~ees in e~ch school dlstr~ct, ~s
..... %cl~red inapplicable ~ .- ~ the ~onointment or elec-
consider most proper, of ~ board of education la
nereo~ ~ - l~b-' ordinance provme ~or ~ r~- ·
rich: ~s they m~y
said dis~rict~ and ~Y inves; in such board ~he necessary power for
lhe proper care and ~an~gemen; of ~he co~mOn sChOOlS in said
district $he employmen; of ~e~chcrs, a~d $he supe~ision of
returning to tho proper
school% ~n~ to prOVide for ~he t~k~
o~Cer ~$ require~ by l~w, of the number 0f persons in s~id district~
be;ween tho ~ges of five and twenty-one years, and the perfor-
mance of such other duties as ~ay soe~ necessary for the proper
imvosed upon s~id council.
a;ach~rge of ~he duty hereby, ~ ~,~;a city sh~ll furnish the neees-
--'~ 3 ~Th~ tho city councn o~, .... ~ schoolS, in ~he s~id
sary s6hool houses for the supper; of common
district, and for that pmTOSO shall levy an~ colloc; in ~he
m~nner as other moneys for curron~ expenses in s~id city~ such
sum of money as m~y be necessary therefor an~ for the necessa~
repair and improveme~ of the s~mO; bat the sum levied in ~ny
one year shall no; exceed th6 r~;e of one.fourth of one per cenSUre
on ~he assessment of such year, an~ the ckty council ~ro ~nthorizCd
necessary ;o borrow in antiCipa;~on of such tax,
an~ direc;e~ when for tho purchase of school lots, and the erec-
;he amoun~ necessary
tion of school houses ~hereon, bm no~ *o excoe~ the sum often
thonsan~ ~ollars, and ~o give ;he bonds of the city therefor, to bo
repaid by tho ~x so levked ~nd collected as a~oreSa~ ~br the pur-
pose aforesaid.
~ 4. ~hat the c~ty council sh~]l h~ve power, by theh' or,er ou
the school fund commiSSioner of the conn~y of Dubuque. ~o receive
~om him for tho use of s~i~ distric~ all moneys ~pportioned to said
district fro~ the school fund, ~n~ in ~ddition thereto sh~ll in e~ch
ye~r, levy ~nd collect in tho s~e m~nnor as other moneys ~br car-
rent expenses, such fm~hor su~ bu~ no~ ~o exceed in ~ny one year
the r~o of ~wo ~ills on each dollar of the ~ssossmen~ of such year,
as m~Y be necesS~, with tho sum received ~ro~ lbo school
adequately to provide for the p~y~on~ of necoSS~y ~e~chers'
w~ges ~n~ ~ncldent~l expenses in m~nt~in~ng common schools in
s~id city~ du~ngtKO eurren~ yo~r. council from
~ 5. ~hat a~ moneys received by the city
51
OITY OF DUBUQUE.
~cbool fund commissioner or collected in pursuance of any tax by
this act authorized, shall be paid into the city treasury, and a sop-
ara~e account thereof shall be kept by the treasurer and recorder;
and no moneys shall be drawn therefrom only
to the special purpose for whxch the same was re~
and shall only be paid on order in which said purpose is
~nd the city council shah pi;critic for the pnblic~tion, at least 'once
in each year, for ;he information of all persons, of ~ full statement
of all receipts and expenditures for school pms)oses during the cur-
rcm year. and which shall show the number of schools kept, the
number of teachers employed, the wages pald~ the whole number
of persons ia attendance: and the time such schools have been held
hat the ~it ' ~'onncil of said city shall have power, when-
durmg ;he curren~ yea
~ 6. T ' ' Y . ~= +nlevvandcollecta
spc6i x on the lot o~ lots, or the owner or owners thereof~ on
any alley~ s;ree~, or highway, or any p~rt of~ny street, alley, or
highway within the city of ~abuque, for the purpose of curbing,
~ving, or grading ;he side-walk in l¥ont of saoh lot or lots respec-
tively; and also for the pm~ose ofrepalr~g the same~ or for the
purpose of lighting such street, alley~ or highway, or for the purpose
of p~ving or ~oAdamizing the street, alley~ or highway in front of
such lot; and so much of the act hereby amended as req~res the
consent or pc;trion of ~wo-~hi~ds of the owners~ for any such
provemen;, is hereby repealed: Pro~ided, that ia ease any speeiM
z~x is so levied on ~ny lot m' lots, or the owners thereof~ for the
purposes aforesaid such lot or lots. or the o~er o~ o~ers there-
of in respect thereto, shall not be liable to any other tax, general or
special, for making any improvement of the s~me kind, on any
other street, alley, or highway, or any p~4 thereof~ in said city.
~ 7. ~hai whenever ~ny [damage [shall be assessed to any per-
son by reason of the opening~ extending~ wi~enlng, or mlter~g of
any stree~ alley, or '.htghway in said city~ the jury who shall
sess the s~me sh~ll also apportkon and assess such damages upon
the lands and real es;ate of the person benefited, adjoining ~r in
thc immediate vicinity of such street alley, or highway~ in pro-
per;ion as nearly ~s may be ~o the benefits resulting to each, all of
which they shall return~ nnder ;heir h~d% to the city council
and the apportionmen; and assessment so made shall bo collected
aa~.paid over to the person m' persons whose property has been
IOWA-.
of Iowa as requires regular meetings of each school district on
the first Honday in May and October in each year, and so much
*hereof as recluires thc election of trustees in each school district, is
hereby declared inapplicable to said district. The city council of
said city shall by ordinance provide for thc appointment or elec-
tion, as they may consider most proper, cfa board of education in
said district, and may invest in such board thc necessary power for
*he proper care and management of the common schools in said
district~ tho employmen* of teachers, and tho. supervision of
schools, and to provide for *he taking and returning *o the proper
officer as required by law, of the nnmber of persons in said district,
between the ages of five and twenty-one years, and the perfor-
mance of such other duties as may seem necessary for thc proper
discharge of the duty hereby imposed upon said council.
§ 3. That the city council of said city shall furnish the neces-
sary school houses for the supper; of common schools, in the said
district, and fbr that purpose shall levy and collect in thc same
manner as other moneys for em'rent expenses in said city, such
sum of money as may bo necessary there~br and for *he necessary
repair and improvement of the same; but tho sum levied in any
one year shall not exceed the rate of one-fourth of one per centum
on the assessment of such year, and the city commH are au*bm, izod
and directed when necessary to bom'ow in anticipation of such ;ax.
;ho amount necessary for tho purchase of school lots. and the orec~
lion of school houses thereon, bu* no* ;o exceed the sum often
thousand dollars, and ;o g~vo the bonds of the city therefor, to be
repaid by the tax so levied and collected as aforesaid for the pur-
pose aforesaid.
§ 4. ~hat tho city council shall have power, by their order on
tho school ibnd commissioner of the county of Dubuque, ;o receive
fi'om him for *ho use of said district all moneys apporuoned to said
district ikom the school fend, and in addition thereto shall in each
year, levy and collect in tho same manner as other moneys for cur-
rent expenses, such farther sum, but no; to exceed in any one year
tho rate of two mills on each dollar of the assessment of such year,
as may be necessary, with *ho sum received from the school fund,
adeqna*ely ;o provide for the payment of necessary teachers'
wages and incidental expenses in maintaining common schools in
said city~ during *l/o curren* year.
§ 5. ~ha* all moneys received by tho ~ity council ;[rom the
CITY OF DUBU~UIL
51
~ehool land commissioner, or collected in pursuance of any tax by
this act authorized, shall be paid into tho city treasury, aud a sep-
arate account thereof shall be kept by the treasurer and recordm';
and nomoneys shall be drawn therefl'om only to be appropriated
to the special pm~ose for which the same was received or collected;
and shall only be paid on order in which smd pnrpose is stated;
and the city council shall p~fovide for the pubheation, at least 'once
in each year, for the information of ail persons, of a full statement
of all receipts and expenditures ibr school purposes during the cra'-
rent year, and which shall show tho nmaber of schools kept, tho
nnmber of teachers employed, tho wages paid~ the whole number
of persons in attendance, and the time such schools have been held
during tho current year.
~ 6. Tha~ the city council of said city shall have power, when-
ever they deem such improvement necessary, to levy and collect a
special, tax on tho lo~ or lots~ or the owner or owners thereof= on
any al]ny, s;ree;, or highway~ or any part of any smeet~ alley, or
Mghway within the city of~ubnque, for the pm'pose of curbing,
paving, or grading the side-walk in fi. out of such lot or lots respec-
tively; and also for the pm'pose of repairing the same, or for the
purpose of lighting such sh'eet, alley~ or highway~ or for the purpose
of paving or ~cAdamizing the street, alley, or highway in front of
such lot; and so much of the act hereby amended as requires tho
consent m' petition of two-thirds of the o~ers, for any such im-
provemon;, is hereby repealed: Provided, that in ease any speciM
tax is so levied on any lot or lots~ or the owners thm'eof~ for the
proposes aforesaid~ such lot or lots, or tho owner or o~ers there-
of in respee; thereto, shall not bo liable to any other tax~ general or
special, for making any improvement of tho same kind~ on any
other street, alley, or highway~ or any part thereof, in said city.
~ 7. That whenever any [damage [shall bo assessed to any per-
son by reason of the opening~ ex~ending~ wldening~ or altering of
any s;reeb ailey~ or ~,highway in said city, the jury who shall
sess tho same shall Mso apportion and assess such damages upon
the lands and real estate of the person benefited, adjoining or in
tho immediate vicinity of such street, alley, or highway, in pro-
pm'don as nearly as may be to tho benefits resulting to each, aH of
which they shall retrain, under their hands~ to the city conncil;
and tho apportionment and assessment so made~ shall be collected
and paid over to the person or pm'sons whose property has been
52
LAW8 OF IOWA.
~aken for the purposes aforesaid, and so much of thc act incorpo-
rating said city. or of any act sanendatory thereto as requires such
damages to bo paid oat of the city trcasury~ is hereby repealed: Pro-
vlded, that any person or persons, feeling himselfor [homselvcs ag-
grieved by any assessment for opening-, extending, widening or al-
tering any street, alley~ or highway in said ei~y, or by any snob
appo~Jonmen~, may~ a~ any ~ime wRhln ~wen~y days after ~he
turns thereof to ~he city council, appeal therefl, omm ghe dis-
trict eour~ of ~ubnquo eoun~y~ by giving no~iee thereof to tho
m~yor~ and giving bond. with sure~y~ ~o the satisfaction of the
mayor, eondigional for the paymen~ of all costa which may be
judged agalnsg the appellant thereon, and thereeorder shall ~hore.
upon re~urn xo ghe clerk of ghe said eour~, all papers connected
wi~h said appeal, on or before the flrs~ day of tho nex~ ~erm 6hero-
of/ and the said eonru shall hear and determine said appeals
o~her appeals are heard and do6ermined ia said eonr~, and shall
certify i~s decision ~o the ei~y council, who shall carry ghe s~me
~ 8. That i~ shall be ~he du~y of all pm'sons on'whom, and tho
owners of all l~nds on which any special mx shall be levied, or
any appor6ionmon~ or assossmen~ for ~amages, in pursuance of ~ho
two las~ preceding sections, shall be nmdo ~o pay ghe same, within
thirty days af6er notice thereof by tho marshal of said city, exeep~
in eases where appeal is taken, and in such eases within ~hir~y
days af6or such appeal is de~ermined; and sash special t~x.
tionmen~ or assessmem is hm'eby declared a lien upon the land
fi'om ~he time of ~he levy~ apportionment or assossmem aforesaid
and in ease of any neglect to p~y ~ho same within tho time so lim.
i~ed, tho city council shall deliver [o the city collector a certified
copy of such special mx. apportionment, or assessmenb who shall,
thereupon, forthwigh proceed [o collect the same by distress and
sale of personal property, and in dofauI~ ~hereo~ by levy and sale
of ~he l~nd and real estate on which the said special mx,
por6iomnen3 m' assessmen~ is made, in the ssa~o manner as for
non-p~ymeng of taxes for eul~ren[ expenses; and on such sale shall
g~ve deeds 6herefor ~o the purchaser or purchasers ou receiving
tho consideration of sale, and which sale and deeds shall have ~he
amc force and effee~ ~s sales and deeds for non-p~ymen~ or,axes
for cu~en~ expenses ia said city.
~ 9. ~ha~ ~ho city council of tho city of Dubu~ue, shall h~vo
CITY OF DUBUQUE.
63
power To sci1 and convey any real estate, or land bdlonglng To
said city, without the prewous eonsenu of ~he majority of tho
electors of said city; and so n~uch of the act hereby sanended
as m'akes such consom necessary, ~s hereby repealed. And the
said city council shall have power and authority To erect, purchase.
ho]d and rog"slate, hospitals,~ails, work-houses, markets, and other
public b~ildings, and Co p~do for supplying said city with water,
by the construction of' aquYduets, reservoirs, and other necessary
conveniences fro' the same, and to hold and acquire the lands neces-
ssa'y, or any necessary privileges therefor, and for that purpose, may
take. and enter upon private property, or any necessaryprivilege
thereon, and may hold the same. making compensation to the own-
ers of any private proper*y so taken, which, unless thc same can be
agreed upon with the parties interested, shall be ascertained as fol-
lows: An application shall be made to tho district court of Du-
buque county by petition, duly filed with the alerk thereof, address-
cd to said court, and setting fbrth the facts of tho case, and praying
fbrjudgmcnt, tha~ the damages may be ascertained, and that the
lands or privileges therein mentioned, may be condemned and vest-
ed in said city for tho purpose mentioned, and tho said court shall.
have power to make all the necessary rules and orders, to bring all
proper persons and parties before said coup;, as in cases at law, in
order to make a final decree and judgment in and concerning the
premises; and tho said court shall proceed by tho examination of
witnesses in open court in thc cause To make a final decree and
judgment, or, on the application of said city, or any par;y, may
cause tho amount or right to any damages~ to be assessed by a jury
in said court without formal pleadings, and shalI render a decree or
judgment accordingly; and the damages so decreed or adjudged,
shall be levied and paid by said city to the pm'son or persons there.
~o entitled.
§ 10. ~hat all portions of the ac~ to which this is amendatory, or
of any act arn.enda;ory thereto, inconsisteut with tho provisions of
this sci, are hereby repealed.
§ 11. This act shall be in force and take effect, fi'om and after
its publication in the Dubuque Tribune.
January 13th, 1855.
LAWS OF IOWA..
AN ACT to amend section 3 of an Act to amend an act to incorporate
tho City of Dubuque, approved January 22d~ 1858.
§ 1. lie it enacted by the general assembly of tim State of Iowa,
Tha~ ~he following words of ~he third section of the ac~ abo~e
scribed, name!y: Th~ ali lands lying within She ~erri~ory hereby
brough~ into the city, and not laid ou~ into oaMo~s, or ~own lo~s,
shall not be assessed or taxed othm'wiso thereby ~han by ~ho agre,
shall be amended so as ~o read as follows: That ali lands lying
wi[hin the ~erri~ory hereby brough~ into the city shall no~ be
sessed or taxed o~herwiso ~han by the acre, until iaid ou~ in~o ~own
lots or ou~ lo~s, dc.
~ 2. This ac~ to be in force fi'om and after i~s ~ubliea~ion in Ibc
~x~ress and ~erald, a~ tho expense of tim cl~y of Dubuffuo.
A~aovm>, JanusW 25th; 1855.
I certify thai ~he foregoing ac[ w~ published in the ~xpress and
Herald~ February Sd, 18~5.
GEO.~. McCL~A~Y, Secretary of State.
AN ACT to authorize the city of Dubuque' to subscribe to tho capital
stock of the Dubuque, St. Peters and St. Paul railroad company.
§ 1. tie it enacted by the general assembly of the Sta~e of
Iowa, That tho mayor of the ci~y of Dubuque be, and ho is hereby
authorized to issu~ the bonds of said city for t~e benefit of tho
~ubuquo, SL Peters and St. Paul railroad, to ~he amoun~ of $250,-
000 (under such conditions as~he city council maythink proper ~o
impose,) in paymen~ of stock subscribed by said city, and ~ha~ ~ho
proceeds of said bonds may be expended ou~side of the limits of
the county of Dubuque.
~ 6. This act shall be in force from and after its publication in
tho Iowa City ~e~mbliean and Iowa Capital ~eporter.
I certify tha~ She fm. egoing ac~ was published in ~ho Iowa Ci[y ~e-
publican~ ~ebruary 16~ t857~ and the Iowa Capital ~oporge~.
~LIJAH SELLS, Seedy of State.
AN ACq~ to authorize the city of Dubuque to issue bonds tO aid in the
construction of certain railroads therein named,
§ 1. Bo it enacted by the general assembly of the State of Iowa,
CItY O1~ DUB~UQUE.
65
That tho city of Dnbuque is hereby attthorized and empowered to
aid in ;he construction of tho I)ubnquo Western. and I)ubnqno, St.
peters and. St. Paul railroad companies, by issuing $250,000 of city
bonds to each, in pursuance of a vote of tho citizens of said city,
taken in tlxe month of December. A. D.. 1856. Said bonds shall be
legal and valid, and the city council is authorized and required ;o
levy a special ;ax ;o meet the principal and interest of said bonds
in case it shall become necessary fi'om the failure of funds front
§ 2. ~he proclamation, tho vote. bonds issued or ;o bo issued,
are hereby declared valid, ami the said railroad companies are
hereby authorized to expend tho moneys arising from the sale of
said bonds, withon; ;he limits of the city and county of I)nbuqne,
in tho construction of either of said roads, and tho city of Dubuque
nor any of the citizens shall ever bo allowed ~o plead that said
bonds are invalid.
§ 3. ~his ao; to be in force from and after i~s publication in tho
Iowa t&publican and Iowa Capital 2¢e29orter, without expense *o ~ho
State.
Ar~ov~r, Jx~ux~ 28, 1857.
I hereby certify that ~ho foregoing ac; w~ published in the Iowa
City ~opublican, Feb. 28~ 1857~ and in Ihs Iowa Capital ~epor~er~ ~eb.
24, 1857. ~
ELIJAH SELLS. Sec y of State.
AN- ACr£ for revising and consolidating tho laws incorporating the
city of Dubuque, and to establish a c y court therein,
§ 1. ' Be it enactdd by the general assembly of tho State of
Iowa, ~hat all that part of ~he county of ~ubuque. in tho S~a~e of
Iowa, included within ~he following boundaries: to~wit: ~eginning
a; a point in She middle of the mum channel of ~he ~ississipp~
~'iver. i~ the south line continued of section ~hirty-ono (31) in
township 89 north of range three (3) e~s; of the fifth princ~pM
meridian; thence wes; along tho math line of said section con-
tinned, and along the south llno of sections thirty-five (35) and
thirty-six (36) intho same township~ of range ;we (2) east of the
fifth principal me~dian ;o the west hue of said section thirty-five
(35); ;hence no~h along tho west line of sections thirty-five (35),
;wen;y-six(26), and fourteen (14) m tim north line of smd section
56
LAWS OF IOWA.
four,eon (14); thence oas; along the north line of said sections
fourteen (14) and thirteen (13/ co thc range line between ;own-
ships ;we (2) and three (3) east of said merl iian; thmmenorth m~
last mentioned range lin% to its intersection with the north line of
section (7) in the s~ma zownship of range three esso of said
dimx; thence o~so ~long the north line of section seven (7~
aiong said line continued ~o the main ch~nnei of the ~isslssippi
river; thence down the middle of the main channel of tho ~ssis-
sippi to the place of beginning, shall be, ~nd is hereby declared
bo ~ city, and the inhabitants thereof ~re created ~ bodycorporate
and politic, with perpetual succession, unde~ the n~me ~nd s~yle of
the city of Dubuque, m~d as such. ~nd by that name, shall be
bls in l~w of contracting ~nd being contracted with. of suing and
being sued. pleading mad being impleade& ~nswering ~nd being
swered unto, in ail com'~s ~ud pl~cos, in ail ma~ors whatsoever;
and also of purchasing, 'using, occupying, enjoying, and conveying
real, personai, and mixed esra~e~ and may have and use a corporate
seal, and may chang% alter and renew the same a~ pleasure: and
shail be competent ~o have, exercise and enjoy ail the rlgh~s,
muni~ies~ ~owe~s and ~rivfleges, and be subj,; ~o all the duties
and obligations incumben~ upon and appertaining ~o a municipal
corporation.
~ ~. ~he right and power ~o exermse the corporate powm's
hereby and herein granted, and tho administration of tho fiscal.
prudential and municipal affairs of said city, with the conducu dL
roc[ion and gove~nmon~ the~oofl shaI]bo yes;odin amayor and
dermen~ m be denominated the city council, neither of whom.
while holding thei~ respective offices, shall hold any other under
the city govmmmen3; and in a recorder, auditor. ~reasnrer, mar-
shal. city judg% c]m'k of sky court, and city attorney~ and such
othm, o~cers as are herein mentioned, as the city council, fro- ~he
bet*er ~dfillmen~ and adminiszratiou of the corporate duties and
powers herren granted, may by ordinance crea~e and establish.
~ 3. ~he mayor~ aldmancu, ~ecorder. ~roasurer, audi~or~ marshal
and ci~y a~[orney~ shall be elected at the annual elec~ion~ by tho
qualified voters of said city, as hm'einaf~cr provlded~ and;ho said
recordsL treasurer, auditor~ marshal and city attorney~ shall hold
their offices~ respectively, for the term of one year from ~he da~o of
theft' election~ and until their successors are elected and qualified.
Such oflmr officers as tho ci~y council may by ordinance ~rovido
cITY OF DUBUQUE.
57
for, slmll be either elected by the people or appointed by the city
council: as such ordinance may dc;ermine; if elected l~y the people
they hol~l their offices for the term of one year, and until their suc-
cessors are. qualified; if appointed by the city council, they shall
hold their offices for such time as shall be fixed by ordinance~ not
longer than one year. or ac the pleasure of the council. All city
officers, before entering on the duties of their respective offices,
shall ink6 an oath or.affirmation to support the constitution of the
United States. and of the State of Iowa~ and faithfully and impar-
tinily to perform the duties of the offices to which they may be
elected or appointed, and when required by thc council, shat4 ex.
copt tho city judge, g~vo bonds in such sums and with such sureties
as ;he council may determine and approve, for tho ~aithful perfor-
mauce of all the duties appertaining to their respective offices. All
dec;ire officers shall bo citizens of thc State of Iowa, and qualified
vo~ers in said city.
§ 4. The annual clection for city officers shall take place on the
first ~[onday of April in each year. Polls shall be opened in each
ward under tho direction of judges of e]cction~ and a clerk to be ap-
pointed by the city council. It shall be thc duty of the mayor at
least ton days previous to each election~ to issue his proclamation~
setting forth tho time and place ai which the polls shall be opened,
whichshallbepublishedintheofficial paperer thecity. Thorules
prescribed by law for the regulation of township elections, shall
govern as far as applicable, the election of city officers, and re-
;urns within two days shall be made out in the same manner as by
the township trustees, and delivered in a sealed envelope to the
mayor, who shall, within one week from tho day of election, at a
regular snooting of thc city council, or at a special meeting to bo
called for thai purpose, open the returns in thc presence of the
council, and the council upon examination and comparison of tho
returns, shall judge and decide the result, and these proceedings
shall be entered Won the record by the recorder in his minutes of
the proceedings of said council of that meeting. Every person
qualified to vote for state or county officers in the county of Du-
buque~ and who shall have resided in said city for tho space of' six
months~ shall be qualified to vote at city elections in tho ward
where he resides.
§ 5. The city of Dubuque shall be divided in such mannm' as
the city council may by ordinance determine, into five or more
LAWS O~ IOWA.
wards, which may be Mtored or changed at the pleasure of the
said council: Provided~ That such change shall not affect the
right of any member to hold his scat during tho time ibp which he
i~ elected. Two aldermen shall be elected fi'om each ward, who
shall hold their ofllecs for the term of two years, and these terms
shall be so a~Tangedthat one alderman shall be elected from each
ward each year. Any citizen who is a qualified voter in said city
may bo elected alderman fi'om tho ward in which he resides, and a
remOVal of his residence fi'om such ward shall be dec,ned a vaca-
tion of his office, l~o member of the city council shall be directly
or indirectly interested in the profits of any contract or job for the
city, and to beco~no so interested, or being so interested when
elected, shall be deemed a vacation of said office. Neither shall
any alderman vote in said council upon any question iu which he
is directly or indirectly interested.
§ 6. The city council shall have power to 'judge as to the quali~
fieation of its members, and tc es;abllsh rules and regulations ~or
~he govm'nment of its proceedings; and so prescribe the times and
places a; which ;ho meetings of the council shall be held: and to
make all ordinances necessary and props' for carrying into effect
the powers herein granted and to enforce obedience ;o such ordD
nance by,ne not exceeding one hundred dollars, or by imprison-
mens not exceeding thirty days, or by such fine and imprlsonmen~.
§ 7. The city council shall have power, and it is hereby made
their duty:
First--To fill all vacancies which may occur among the officers
of said city, by appointment, the person so appointed to hold
gales until the next succeeding April election, when the vacancy
shall, if an dective orate, be filled by election by the people.
Second--To establish and fix nhe salaries and compensation of all
oflqcers of said city. not fixed by this act.
Third--To provide all needful regulations and precautions to
protect the city and the inhabitants thereof, against injuries by
fire, thieves, robbers, burglars, and all persons violating the public
peace.
Fourth--To provide for the suppression of riots, gambling~ and
all indecent and disorderly conduct, and for the pnnishment of all
lewd and lascivious behavior in the streets and other public places
in said city.
Fifth~To prohibit ;ho erection in any square or fraction of a
CITY OF DUBUQUE.
59
square in said city, of any building or of any addition to any buil-
ding, except the entire wails thercof~ shall be of stone, or brick and
mortar~ and to provide for the removal of any building erected
contrary to true intent and meaning of said prohibition.
Sixth--To organize and establish fire companies~ and provide
them with engines and other apparatus, and to regulate and pro-
hibit tho establishment of an independent fire company or compa-
~ies, after thc passags of this act.
Seventh--To require and compel ~he removM of all obstructions
of the public streets and alleys, and the abatement of all nuisances
in said dry. __
Eighth--To cause all grounds or lots where water shall at any
time become stagn~ut, or rem&in sfanding~ to be raised, filled up or
drained, at the expense of the owner thereof, ~nd *o effect this ob-
ject the said council may give notice to the owners thercot~ or their
~gen;s, or in case of non-resident owners without known agents,
~o6ce may be given by publication ~n one or more of the newspa-
pers published in said c~ty, ~o fill up, raise, or drain such grounds
a~ their own expense, and the council shat1 designate how high
such ~rounds shall be filled up or raised, or in what manner they
shah be drained: and m case *ho owners shall fail to fill up, or
drain such grounds, within the time designated in said notice, tho
city council may cause the same to be done at thc expense of the
city, and assess the expenses thereof against said grounds, and
such assessmem shall be placed in the hands of the city collector,
who shal~ proceed to collect the same, with costs, by sale of such
grounds in such manner and under such restrictions and re,tls-
;ions as may be provided by ordinance: Provided, the owners of
such gronnds shah have tho right to redeem within one year after
sale. by paying the purchasers the amount by them paid with 10
per cen~. interest thereon.
~tnth~To make regulations to secure the general health of the
e~ty, and to cause the removM of all dip% filth or other nuisance
which may a; any time be accumulated upon any lots, or streets
and alleys in said city. at the exI ease of the owners of the grounds
on which it lies.
Tenth--To establish hospitals, workhouses, and a city jail, and
make regulations for the government thereof.
Eteventh~To prohibit hogs, cattle, horses, and all other animMs
LAWS OF IOWA.
from running a; large in the streets, alleys and public places in
said city.
Twelfth--To establish a day and night poliee~ and punish resis-
tance to them or any other city officers in the discharge of their
duties.
Thirteenth~To opon~ altm5 extend, widen; establish and
and to grade, pave and otherwise improve, clean and keel) m repair
the sidewalks, streets, alleys, wharves, docks~ landings, and other
public grmmds of said city.
Fourteenth--To establish, erect and keep in repair, bridges, cul-.
verts and sewers, and regulate the uso of the same; to establish.
alter and change tho channel of water-courses, and to wail them
Fifteenth--To erect market houses, establish market places, and
provide for the regulation and government thereof.
Sixteenth--To provide for all needful buildings ~br the use of the
city, aud for enclosing, improving and protecting all public grounds
belonging to the city.
Seventeenth--To regulate the use of wharves and public lan-
dings, fix thc rate of wharfage, and regulate the stationary anchor-
age and mooring of all boats and rafts within the city.
]~ightoenth--To license, tax and regulate auctioneers, peddlm's
and traveling merchants, grocers. ~nerchants, retailers, hotelkeepers,
and keepers of livery stables, of eating-houses, boarding houses,
loons and places of amusement, and bankers, dealers m money,
warrants, notes and other evldence~ of indebtedness, and works of
all kinds.
l~inoteenth--To license, mx and regulate hackney carriages;
omnibusses, wagons, carts, drays, and all other vehicles, and por-
ters, and iix ;he' rates to be charged for tho carriage of persons,
and fbr the wagonago, cartage, drayage or porterage of property.
~wontioth--To license, tax, regulate and. suppress theatrleal and
other exhibitions, shows and amusements, and billiard tables, ten
pin alleys, and ;o suppress gambling houses, and bandy-houses,
and houses of prostitution; also to mx and destroy dogs: to regu-
late the weights and measures to be used in said city; ;o provide
for tho inspection of wood and lumber, and for the inspection and
wmghing of coal and hay~ and to provide for and ~egulate the in~
speetioa of beef, pork, flour, butter, lard and other provisions, and
CITY OF DUB. UQUE.
61
to regulate the vending of meat. poultry, vegetables and other
provisions.
Twenty-first--To establish regulations respecting character and
raze of the foundation and other ~valls of buildings in said city, and
to enforce the same by the removal of b'uildings erected in viola.
lion of ~ueh regulations a; tho expense of the owner or lesse of
tho lots up( n which they are situated.
Twen[y-seeond--To purchase land or other proI er;y for ;he nsc
of the city, and to dispose'of all personal property of' the city a;
thc pleasure of' the eoanciI and of ;he real estate of thccity, when
authm'ized so ;o do by the majority of the legal voters: and the
council may by ordinance provlde fer submitting the question of'
t. he sale of the real estate, or any part thereof. ;o the voters of said
city, in such manner and ar such times as it may deem expedient.
Twenty-third--To collect taxes ~o defray the current expendi-
tures and pay the debts of the city: Provided, That tho mx for
any one year shall no5 exceed one per cent. upon the assessed
value of all property taxed.
Twenty-fourth--To provide for the asscssmem of all taxable
property in said city~ with reference to taxa;ion for city purposes.
Appeal shall lie from the assessmem of any officer appointed by
the city council to assess proper~y, ~o the city council, whose adju-
dication shall be
Twen~y-flfth--To audit all claims agulnst tho city, and order
thc payment of such as shall be allowed.
Twenty-sixth--The city council shall have ~he exclusive right to
license and regulate femdes, and to establish ~ho rates of ferriage
between [Dubuque and tho opposite bank of the ~ississippi river.
Twenty-seventh--To make all such ordinances as to them shall
seem necessary to provide for the safety, preserve ;he health, pro-
mote the prosperity, and improve the morals, ordm', comfort and
convemence of said city and the inhabitants thereof,
§ 8. The ordinances passed by tho city council shall take effect
from and after tho date of their publication in such newspaper of
the city of [Dubuque as the council shall designate, the date of
which publication shall be noted by thc recorder in his record of
tho ordinances~ and such record shall be evidence of thc time and
fact of such publication: Provided- That the city council may
thoriz~ tho revision and publication of the ordinances in book or
pamphlet form, in which case such revised ordinances shall rake
I~ASV80~" IO~ArA.
effect fi'om and after the date of such publication, and such book
or pamphlet shall contain the resolution of the ~ity council author-
~mng its publication, and a certificate of the city recorder that the
ordinances and resolutions therein contained are correct copies
from the records in his office, and shall then be received withou~
further proof, as prcsunaptivc evidence of such ordinances and res-
olutions: And provided further, That the city council may pro-
vide for tho taking eflbct of any ordinance no; before a day cer-
tain thereto specified.' All ordinances passed by thc city council
shall be signed by the mayor and ayres;ed by tho recoz let, and
shall be recorded in books kept for that purpose.
§ 9. All orders of the sky council for the paymon; of money,
shall bo signed by the ~nayor and a[;osted by tho recorder, and
countersigned by the city auditor.
§ 10. ~11 fines and forfeitures collected for violations of city
dinances shall be paid into the city treasury, and thc mayor shall
see ~;hat the same is done withou[ nnnccessa~T delay.
§ 11. The mayor is the executive officer of' the city, and it is
his duty to be vigilant and active at ~11 times, in causing tho ordi-
nances and regulations of the city ;o be put in force and duly exe-
cuted, and shall take care that all officers under ~he city govern-
menv comply with the law and ordinances and resolutions of
council; he is ox-officio president of thc city council, but shall ha~o
no vote therein except a casting vote when there is a tie. The city
council shall elect a mayor 2~ro tem~ore, who, in case of tho ~bsenco
or inability of the mayor, shall discharge all the duties and possess
all the powers that belong to tho mayor.
§ 12. Tho recorder shall be secretary of the city council, and
shall keep a full record of the proceedings; he shall have tho cus-
tody of all tho records, books and papers of the city, and of the
city seal, and shall discharge such other duties as may bo devolved
upon him by law or ordinance, and shall keep his office at such
place as the city council shall provide and designate.
§ 13. The city auditor shall keep in proper books provided for
thug purpose, a full and fair exhibit of tho finances of the city, its
revenues, expenditures, indebtedness and audits. ~e shall coun-
tersign all orders on tho treasury drawn for money appropriated
by the city council, when signed by the mayor and attested by the
recor0or, and shall perforn~ sash other duties as the council may
by ordinance or resolution require.
CITY O~ I)UBIIQIY~.
63
§ 14. It shall 'be tho duty of the city marshal to attend the
meetings .of the city council, to execute its orders, to arrest and
bring before the proper eom% with or without warrant, all whom
he shall find in the actual violation of any ordinance, and to per-
form such other duties as may be devolved upon him by law or or-
dinance, rfhe city council may by ordinance authorize the mar-
shal to appoint deputy marshals.
§ 1.5. It shall be the duty of tho city treasurer to take charge
of' ~nd keep the funds and moneys of the city; he shall keep the
same in three separate funds, to be denominated the "general
fund." the "road fund," and the "school fund," and shall pay out
money only upon orders from the city council, signed by the mayor
~nd attested by the recorder, and countersigned by the auditor, or
upon orders frmn the board of education under authority of ordi-
nance, which orders shall specify the fund drawn upon. lie shall
keep an account with cach fltnd, and shall from time to time report
his receipts and expenditures, as required by the city council.
§ 16. It shall be the duty of the city attorney to appear for tho
city in the city court and all other courts; to take charge of' the
legal business of the city; to give his written opinion whenever
called upon by the city council; to give legal advice to all officers
of the city, and to perform such other duties as may be devolved
upon him by law or ordinance.
§ 17. The city of Dubuque is authorized to borrow money
upon the credit of the city, and to issue the bonds of thc city:
]P~ovided, That the proposition to borrow nmney shall first; pass
tho city council, and shall then, under proclamation by the mayor,
be submitted to the vote of the people, which proclamation shall
state tho anaouht of money to be borrowed, and the purpose for
which the money is to be borrowed; and in case the proposition is
adopted by a vote of two-thirds of the qualified electors of said
city, the city council may at any time thereafter within the space
of one year, authorize the borrowing of the money~ andtho issuing
of tho bonds.
§ 18. Tho city of Dubuque is eonstitngeda specialroad district,
and the care and supervision of the highways in said city is devol-
ved upon the city council; and the city council is authorized, in
addition to ~he taxes otherwise authorized, to levy a special road
tax, which shall not exceed the limits fixed by law of the road tax
to be assessed by ~he county eour~. 1No county or township officer
LAWS OF IOWA.
having tho care or supervismn of road% is requircdto expend labor
upon thc highways within the city of Dubuque, but the duties and
responsibilities imposed by law upon such officers shall, as to the
streets and highways in said city, devolve upon the city council.
§ 19. The city council shull have power ;o open, widen or ex-
tend any street or alley.in said city, and under such regulations as
may by ordinance be prescribed, may cause a jury to be smmnoned
who shall apportion and assess the Unhinges and benefits which
any person may sustain by reason thereof, upon the lots or lands
adjoining, or in tho immediate vicinity, which may be benefitted
thereby; and such apportionment and assessment shall be returned
to the city council, and shalI be collected and paid into the city
u'easnry. · Notice must bo given to all persons whose property is
appropriated, in writing or by publication, or they 'wilI not bo
bound by the proceedings. ~he damages assessed to auy persons
constitute a valid claim on the part of such persons against the
city~ and may be sued for and collected as any other claim. ~hc
date as which any property shalI be considered as appropriated
shall be at thc time ofthepassage ora resolution by the city council
ordering the laying ou; and establishment of tho s;ree;, and the
jury shall be summoned to assess the damages at least within one
month thereafter, and their apportionment shall no~ bo subject to
be quashed by tho city council, but may be returned to the same
jury for the com'ection of any irregularities or informalities.
§ 20. The marshal shall notify thc owners of all lots and
grounds against which any stun shall bo apportioned, to pay tho
ss/me within thirty 'days. In cases where neither such owners,
nor any agents shall bo residents of the city of Dubuque, or
unknown, notice may be given by publication in any newspaper
in said city for two weeks. If default of payment shall be made.
tho recorder shall deliver to the collector of taxes for the city a
statement of tho same. and he shall proceed to collect the ~ame by
sale of the property as may be prescribed by ordinance.
§ 21. The city maylsvy a special tax on any lot or lots. or the
owner thereof, on any alley, street or highway, m' any pat'; there-
o~; for the purpose of grading~ paving, or 3~acAdamizing the same.
or for the purpose of grading, paving or curbing the side-walks,
and may collect the same under such regulations as may bo pre-
scribed by ordinance.
§ 22. The oily may appropriate lands for the purpose of using
CItY OF DUBUQUE.
tho same for jails, w6rkhouses, markets, and other public buildings,
and to provide for supplyin~ the city with water by construct.
lng aqueducts, reservoirs, and other conveniences, and when com-
pensation therefor cannot be otherwise agreed upon, it may be as-
certained as follows: ~he city shall make application to the city
com't by petition, setting forth tho facts in the case, and praying
thattho damages may bo ascertained by a jury in a said court,
and for judgment condmmfing the ground and vesting the title
thereof in the city, and the court may proceed without further
pleadings, to assesss the damages against the city, and render a
decree accordingly.
§ 23. No addition to the city of 2Dubuque shall be lawful unless
it is first submitted to the city council for their approval, who shall
have exclusive authority to provide for and regulate the width of
streets aud alleys in such addition, and when tho same shall beso
approved of, it shall be ad~nitted to record on tho records of the
city, and shall thru'rafter become a lawful addition thereto: Pro-
vided~ that the owner or owners of the land included in said addi-
tion shall furnish for the use of the city, a correct map of tho same
for public reference, and thc provisions of clmpter 42 of tho Code
of Iowa~ shall also be complied with in ali such cases, so far as tl~e
same are applicable and not inconsistent with this act.
§ 24. ~hat the city of Dubuque shall constitute one permanent
school district~ and subject to alteration by the school fund com-
~nissioner, and shall be subject to the city council of said ci~y, who
shall provide for the adequate support and maintenance of common
schools in said district. The city council of said city shall by ordinance
provide for thc appointment or election cfa board of education, and
may invest such board with the necessary powers for the pro~r
care and management of thc common schools in said district, the
employment of teachers, and to provide school houses and othor
buildings, and for taldng and returning to the proper ofiteer, as
required by' 'law, thc number of persons between the ages of
five and twenty-one years, to expend the money in the treasury
placed to the credit of the board, and to perform such other duties
in con~ection with the public schools as the city council may deem
proper to impose upon tho same.
§ 25. Tho city council shall furnish the ihnds necessary to sup-
port $he common schools in said city; and to provide school
houses, and other expenses, and for this purpose shall, in addition
66 ~k'W'8 OF IOW.&.
;o other ;axes authorized by law, levy a special school tax. no; ~o
exceed one-fourth, of one per eon;urn upon the assessment of any
one year.
§ 26. The city council shall have power~ by their order upon
the school fund commissioner of I)ubuquo county, to receive from
hhn for the use of said distrie; all money apportioned to said dis-
trim fi'om the school fund. Ali money received frmn the city
for school purposes shall be paid into the treasury, and shall eon-
stituto a separate fond. ;o be denominated the school fund. and
shall only be appropriated for school purposes.
§ 27. Tho city couneiI shall provide for the publication, at least
ones in cash year, of a rill smtemen~ of ail receipts and expendi-
tures for school purposes for the current year~ and which shall
show tho number of schools kept the number of'teachers employ-
ed. tho wages paid, the whole number of persons in attendance,
and the time such schools have been kept during the current year.
§ ~8. Thoro shaI1 bo and is hereby ostablished in the ci;y of Du-
buque a court to be denomina;ed the city sour; ~ which court shall
be a court of record and have a seal, and the officers thereofshalI be
a judge, clerk, and the city marshal. Said court shall hold a ses-
sion every day during the year, except Sundays, the Fourth of
July, Thanksgiving-day, Christmas-day and Jgew 'Year's day; but
its sessions shall be divided into nmnthly terms, commencing on the
first ~onday of each month. It shall be held at some suitable place
go be provided by the city conneil.
§ 29, ~hejudge of the city court shall, be elected at tho annual
eleotlon in said city for city officers, and shall hold his ofiiee for
term of four years; he shall be a qualified elector of said city, and
lsarued in tho law; he shall take and subscribe in writingtho same
oath required by the judges of the supreme and d/strict courts, and
file the same with tho recorder~ and shall likewise be emmnissioned
by the mayor, l~is salary shall, be fixed by the city council, and
shall not exceed fifteen hundred dollars per annum, payable out of
the city treasury,
§ 80. ~he clerk of said court shall be elected at the annual elee~
lion; shall bo a qualified voter of said city~ and shall hold his
flee for the term of two years; he shall give bond to the city of
Dubuque in tho sum of five thousand dollars, with a condition in
substance tho smile as required by law of tho cleric of the district
~our~, and on tho back thereof ah~ll subscrib, e the ~am~ oath
CITY OF DUBUQU]~.
67
quired of the clerk of the district court. ~is salary shall bo fixed
by tho city council, and shall not exceed one thousand dollars per
annum payable out of the city treasmT.
§ 31. Tho powers, duties and responsibilities of the judge, clerk,
and marshal in said eom% shall correspond to those of the judge,
clerk and sheriff in the district cern't, and 'the authority of the pro-
cess of said corn4 shall have th~ same extent and limitation as that
of tho district eourt~ and may be served by the city marshel~ orby
any shm'iff; but the marshal shall not havepower to serve process,
other than subpoenas, beyond the limits of said city.
§ 32. Said court shall have jurisdiction of all offences and suits
under city ordinances, and shall have general jurisdiction concur-
rent with the district court in all civil cases, audshall have cousin'-
rent jurisdiction with justices of tho peace in all criminal cases. In
civil cases the defendant must reside, or if a non-resident of the
State, must be found in the city of 1)obuqne, or in cases of' attach-
mm~t of property where the defendant is not served, or in cases
where the suit is brought to obtain possession of personal property,
or to enforce a lien or mortgage, or when it relates to real property,
such property or some part thereo£mnst lie in said city, or some
part of the personal property must be found therein; when by its
terms a contract ip to bo performed in the city of 1)ubuque, suit for
the breach thereof may be brought in said court. Suit may be
brought in divorce cases in said court, if tho plaintiffresides in said
city. AppeaI frmn tho city court lies directly to tho supreme
court of tho State of Iowa.
§ 33. ~ho rules and regulations of law which govern tho dis-
trict court~ shall govern the city court as far as applicable. In or-
der to provide juries for said court~ the clerk thereof, at leas~ ten
days prior to the commencement of each term, shall issue a venire
to the mershal, who shell, within five days thereafter summon twen-
ty-fern' jurors, qualified electors Of said city, and otherwise quMified
to 'serve as jm'm's in tho eom'ts of this State, to appear in said~court
on the second day of the next term thereof. The jurors summoned
for any term may b~ dismissed as soda as tho docket of jury cases
for tha~ term is disposed of; and if a jury shall afterwards be re-
quired to try any cause coming before tho 'court for such term, a
special venire shalI issue. If a jury cannot be obtained otherwise,
talismen may bo summoned by the marshal from tho city or tho
bystanders, If any juror fail to appear in obedience ~o sum-
LA.WS O~' IOWA.,
mens, ho may be brought into court by attachment, and if ho fail
to show reasonable excuse, he may be fined as for contempt~ in auy
mira not more than ten dollars and costs, kale man shall bo requir-
ed to serve as a regular juror at moro than one term in any one
year. When a jury is demanded, a jury fee of three dollars shall
be taxed among the costs.
§ 34. Actions for the violation of city ordinances shall be brought
in the Lame of the State of Iowa. for the use of the city of Du-
buque, The proceeding shall be by information sworn to, which
shall be filed with the clerk of tho city eom't, or with anyjustice of
tho peace having his office within said city, whereupon said clerk
or justice of the peace shall issue a warrant for the apprehension
of the accused, Bat the city council may by ordinance provide
that certain designated officers may am'est any person actually
found violating any ordinance, and commi~ them for trial wRhout
warrant; the trial shall.be in a sum~nary :nanner, and wk~hout the
intervention of a jury, unless demanded by the defbndant.
§ 35. Tho fees in the city court shM1 be the same as in the dis-
trier court, and tho same, and all fines dud forfeitures, shall bo
counted for by tho clerk of said court to the city of:Dubuque, and
shall bo paid into the city treasury as cron as the city councilmay
direct. The fees of tho marshal and other officers serving the process
and executing the ord6rs of said court~ belong and are payable to
tho officers se:wing the same.
§ 36. In case of the absence or disability of the city judge, tho
criminal business pending in the city court shall be trausferred to
some justice of the peace having jm-isdiction of the subject matter,
by a delivery to him of alipapm-s relating to the same, who shall
proceed to dispose of the same as if the prosecution had originally
commenced before him; and all civil business shall bo continued
as in like cases in the dist:dct cern't,
§ 37. The city of Dubuque shall bo and hereby is invested as
the lawful owner and proprietor, with all the real. personal and
mixed estates, and all tho rights and privileges thereof, together
with ali the property, funds and revenues, and all the moneys,
debts, accounts mid demands due and owing] or m any wise belong-
ing to thc city of Dubuque. under may previous act of incorporation
and all rights, interests, claims and demands against or in favor
of ~aid city, may be continued, prosecuted, defended and collected
iL ~ho s~mo manner as though this act had never.been passed.
CITY OF DUBUQUE.
69
§ 38. The city conncil shall provide by ordinance for the mode
in which charges may bc preferred against any officer under the
City government, and for dm hearing of the same: and they may
remOVe any city offlcen excep~ the city judge, fi'om office, as pro-
vided in the next section.
§ 39. Any member of the city council may be expelled or
moved from office l y a vote of two-thirc~s of all tho aldm'men elect-
cd; bu~ not a second nme ibr thc same offence; and any office:' un-
der the city govmmment, appointed, by the city. council, may be
moved ri. om office by a vo~e cfa majority of all the aldermen elect-
ed; bur it shall require a vote of two-thirds of all tho aldermen
elected to said council ~o remove any officer elected by the ve~ers of
the city, or of any ward or district.
§ 40° The city council are autuorized to levy in each year
special tax, to pay :he intores~ on such loans as are authorized by
~he seven~centh section of this act.
§ 41. The aldm'mcn of the city of Dubuque, and all other of-
ricers now elected, shall hold and exercise their offices for and
dm'ina tho term for which they are ch( son.
§ 42. All acts and part~ of acts heretofore passed relative to tho
incorporation of said city of Dubuq.u% shall be. and ~ho same are
hereby repealed, as far as tho same come within the purvmw of
this der. All ordinances passed undo:' prior acts of' incorporation
of said city, and heretofore in force, not inconsistent with the pro-
visions of this act, shall continue in force until ~lterod or repealed,
and shall be deemed in compliance with tho requirements of this
act as far as applicable.
§ 43. This act shall be taken and vicwc 1 in all courts as a pub-
lic act.
§ 44. This act shall be submitted for the approval of the elect_
ors of the city of Dubuque, at an election to be held on the first
~onday in :lVIarch. 2 :D. 1857. but prior to said election the whole
act shall be published in the Northwest- the Tribum the J~xpress
and ]f[erald ~he National Democrat, the Re][ ablican, and thc Staats
Zeitung, newspapers, at tho expense of said city. The tickets
which shall bo polled a; such elections shall contain either the
words, "For the amended cha]ter.' or. <'Against thc amended
charter." And if a majority of ali the legal v ~es a~ such election
shall bo in favor of tho amended charter, then this ac~ shall be in
fbrcc from ~nd after its puhlication in the Northwest and ]~xpress
70 LAWS OE IOWA,
and ]~eral 1 newspapers, without expense to tho State. If
jority of such electors shall vote against thc amended charter, then
this ac; shall not be in three until ar;er the next session of the gem
oral assembly of 'the State of Iowa.
Appaovzo, January 28, 1857.
I hereby certify that the foregoingwas published inthe North-Wes;,
February ~, 18~7. *
ELIJAH S~LLS, Secretary of State.
AN A(IT to repeal an act entitled an act revising and consolidattn
the laws incorporating the city of l)ubn-ue and t,, ~-*-'- ..... g
§ 1. Be it enacted by the general assembly of tho State of
Iowa. That chapter 210 )f the acts passed a; the regular session
of the general assembly, begun and held a; Iowa City on the firs;
day of December, A.. D. 1856, approved January 28th, 1857, be and
tho santo is hereby repealed.
§ 2. This act shall take effect and bo in force fi'mn m~d after its
publication one time ia each of the following named papers to-wii:
Ex_press and Herald. Tribune, and 3:rational Demokrat. published in
the city of Dubuque, and it is hm'eby made the dusy of th6 Secre-
tory of State so have such publication made without de/ay.
2kPPROVED~ FJ~BRUARy 10, 1858.
I bereby certify that the foregoing ac; was publishe~ in the ~xpress
and l~eraldon the 18th day o£ February 1858~ in the tribune on tile
~Srth d~y~o,f February, 1858, and in tho National Demokrat on the 19th
ELIJAY~I SELLS~ Secretary of State.
AN ACT concerning taxes levied by Municipal Authorities.
WararAs. By the char;ers aud other acts granting to municipal
corporations, the right to levy and collect re×es on real estate, the
mode of said collection, the rate of interest, and thc effect of the
collector's deed are various, unequal, and in some cases unjust; and
whereas it is desirable to remedy such defects, and establish a ant.
form principle on the subject, therefore:
§ 1. Be it enacted by the general assembly of the State of
Iowa, That from and after tho publication of this law, in all cases
CITY OF DUBUQUE.
71
of the sale of real estate made by virtue of the laws and ordinances
of any municipal corporation in this State, the purchaser shall re-
ceive a deed which shall have the same effect as the county treas-
urer's deeds under sales made by him, as provided in thc code, and
that the mode there provided for tho purposes of making sales
effective, and foreclosing the redemption, shaI1 be purchased by the
holder of said corporation deed; and that no greater rate of inter-
es; than twenty~five per cent. per annum, shall hereafter be charged
on any such deed or sale.
§ 2, This act shall take eltk~ct and bo in force fi'om the date of
its publication.
APPBOVED. MA~Otl 22d~ 1858.
AN A(~T to grant ;o the city of Dubuque title to certain lands.
W~ru~,As, The city of Dubuque has purchased of the United
States a large tract of' land, consisting of low lands and islands,
lying between the mmn channel of tho ~Iississippi river and the
main west bank thereof, and has received of the United Sluteq
patents theretbr, and has expended and caused to be expended
lin'ge sums of mom ¥ in running streets across, filling and impro-
ving said low lands and islands, and the sloughs and ponds of
water which intersect the same, and
WHEREAS Doubts have arisen whether the title of said lands is
now in the State of Iowa~ therefore:
§ 1. Be it enacted by the general assembly of the State of
Iowa. That there be. and there is hereby granted and released to
the city of Dubuqu% all tho title and interest vested in the State of
Iowa. in and to thh lauds and islands, and in the beds of' thc slough~
and ponds of water, within so much of' section number nineteen
and thirty, in township nmnber eighty-nine, north of range number
three: east of the fifth principal meridian, and also within so n~ttcl~
of sections number twenty-four and twenty-five, in township num~
bet eighty-nine, north of range two, east of the fifth principal me-
ridian, as lies east of a line commencing at a point where the north
line of said section number nineteen intersects with the west shore
of Lake Peosta; thence southerly along the west shore of Lake
I'eosta, and of the slough, to the nm'th-east corner of lot number
five hundred and two, a; tho foot; of twelfth street, in the city o£
LAWS OF IOWA,
Dubuque; thence on the easterly line of said lot and lots number
five hundred and three, five hundred and seven, five hnndred and
eight, and five hundred and ten, zo the north-eas~ corner of lot
number four hundred and four: thence on the wesz line of the
levee, as laid our on the plat of the town of Dubuque, made by
survey by the governmen~ of the United States, to where thasamo
intersects with the south line of the said town of Dubuque, on sec-
tion number twenty-five aforesaid: thence au the west shore of
the slough to the south line of tho said section number twenty-five;
Provided nothing ia this act shall effect the rights of private indi-
viduals holding title either from the general government or school
fund.
§ 2. This act shall in no wise limit or impair the jurisdiction of
the State of Iowa npon the lands and territory hereby granted and
released.
§ 8. This act to take effect from and after its pfablication in the
.Daily .Dubuque Times and Daily Iowa State Journal, withont ex-
pense to the State.
Ar~ov~r, 1Vf~o~ 3d, 1860.
I hereby certify that the lbregoing ac~ was published in the Iowa
~State Journal, April 14~ 1860.
ELItA~ SELLS, Secretary of State.
A~ ACT to restrict and define the powers and duties of the City
Court of the City of Dubuque, in this State.
§ 1. ]Be it enacted by the general assembly of the State of Iowa.
That the city court of the city of Dubuque shall have jurisdiction
of offences and suits under city ordlnances, and shall have concurrent
jurisdiction with justices of the peace iu all criminal cases.
§ 2. That all proceedings and trials for offences before said city
coupe, the laws applicable to justices of the peace and to justices'
courts, including tho laws for change of venue and for .um-
momng and emlmnelling juries, shall apply to an.t govern the said
city court.
§ 3. Upon the filing of the affidavit for change of venue, as
provided for in section 5065 o£ the revision of 186(], the change of
venue must be allowed, and tho officers discharging the duties of
said city court, must immediately ~ransmit all the original papers,
and ~ transcript of all his docket entries in the case, ;o any justice
CITY OF DUBUQUE.
73
in the city in which/~aid city coup; is held~ against whom no such
objection as ~s contemplated in said section 5065 of said revision
exists, but no change of venue fi'om such justice shall be allowed.
§ 4. That in all cases of appeal from said city court, the appeal
shall be allowed in the same manner as appeals from justices'
courts, and shall be taken to tho district court in tim county where
tho said city court is held.
§ 5. That said city court shall have no other jurisdiction than
that herein conibrred on the same. and all ]aws conibrring any
other or gi'eator jurisdiction upon said houri than herein provided,
and ail laws inconsistent with this act. are hereby repealed.
§ 6. That tho said city court shall be called a police court, and
the officok' who shall discharge thc duties of said court, and hereaf-
ter to be elected fi~r that purl: )se. shall be known and designated
as police justice, who shall receive as compensation for his services
the same fees as justices of the peace, to be charged and col-
lected in the same rammer, and shall make return of all fines
collected by him or by such police court, in the same manner as
required of justices of tho peace.
§ 7. That all judgments and decrees in civil cases rendm'ed in
the said city court shall be transferredtothc district court inthe
county where said city court is held. and tho clerk of the district
court to which such judgments and decrees are transferred, is
hereby authorized to issue execution on the same; and the said
district court shall in all things have jurisdiction of such judgments
and decrees so transferred, as fiflly as though the same were
originally rendered in said district court, and all civil suits and~pro-
cardings now pending in said city court, not finally adjudicatcd~
shall be transferred to the district court, in the manner aforesaid,
and tried in said district courL but such transfer shall not render
invalid any sul peens, notice, execution, or other process issued by
said city court before the taking effect of this act, but the same
shall be returned to thc said district court in the same manner and
within the same time as though it had been originally issued by
the said district court.
§ 8. This act being deemed of imlncdlate importance by the
general assembly, shall take effect and be in force from and af-
ter its publication in the Daily State Register, Des Moines Daily
Times, Iowa I[omestead and Northwestern Farmer, newspapers
LAWS OF IOWA.
published at ])es ~oines, or any two of them: without expense to
the State
T]~is bill having remained wit~ thee goveruor three days (Sunday ex-
cepted) tile general assembly being in session has become a law this
81st day ofl%J[arch 1862.
ELIJAH SELLS. Secretary of State.
hereby certify that tile foregoing ace was published in tbs Des
~/Ioines Daily Tlmes~ Aplil 4th. 1862, and in the Daily State Register.
April 5th~ 1862.
ELIJAI~I SELLS. Secretary of State.
AN ACT providing for the recording of the bonds of county offigers.
§ L ]~e it enacted by the general assembly of thc State of
Iowa. That it shall be the duty of the clerk of the District
cour~ of each connty in this State. ;o procure and keel? in his
office a book to be known as IZecord Book of officers' bonds.
§ 2. It shall be tho duty of each clerk ~o record in said
book, the official bonds of all county officers including justices
of the peace, and constables now on file in his connty, exc-
ecnted since tho 31st day of Decmnber. 1859. and the bonds of ail
county officers hereafter tiled in his county.
§ 3. Thc clerk shall receive as a compensation fbr the duties
herein prescribed the following fees: For the recording of bonds
now on file. the sum of six cents for each one hundred words by
him recorded, which shall be paid fi'om the county treasury of his
con~y, and for the recording of the bonds of each ofllcer hereafter
filed~ thc sum offif%y cents~ which shall be paid in advance, by tbo
eraser whose bond is so recorded.
§ 4. Each'clerk shall keep an index to the book herein provid-
ed fo% in which, under the title of each office, shallbe entered the
names of each principal and his suretie% and the date of the filing
of the bond.
§ 5. Any county officer hereafter elected or appointed who
shall enter upon the discharge of tho duties of his office, wlthont
first having cm~sed his official bond to be recorded, shall forfeit to
the countyofwhieh ho is an officer, the snm of fire dollars for each
official act by him performed prior to the recording of said bond~
grid the chairman of the board of supervisors of each county, is
CITY OF DUBUQUE.
75
hereby required to bring suit for, or collect such penalty, or pen-
aries, in the name of' bis county.
§ 6. The books hereby required to be kept shall be open to in-
spectibn of all persons, 4n thc same mam~er~ and at thc same time,
as other county records and transcripts thereof shall be received
in evidence, in all the courts of this State, in the same manner and
with the same effect that transcripts of other records now kept by
the clerks of the districi courts of this State arc now received.
~ 7. This act being deemed of immediate importance shall take
effect and be in force from and after its pnblicatlon in the Iowa
State 14egister and the Des l~Ioincs Times, papers published at
])es Metrics.
Arr~ov~n, lgarch 10th. 1862.
I hereby certify that the foregoing act was published in the Iowa
State Register, March 26th. 1862, and in the Des Moines Daily Time~,
March 15th. 1862.
ELIJAII SELLS, Sem'etary of State.
AN _&CT to prevent the unlawful driving away of cattle and other
stock by drovers and others,
§ 1. Be it enacted by the general assembly of the State of Iowa,
That ally drover or othm' person or person% engaged in driving
horse% cattle~ mules, hog% m' sheepl or any other stock through
any part of the State of Iowa, and shall drive off~ or shall
knowingly and willingly suffer or permit to be driven off from
the premises of any citizen of said State, or from the range in
which thc stock of any sash citizen usually run, to any dis-
tance exceeding five miles from such promises or rang% ally
horses, mules, neat cattle, hogs or sheep, or any other stock be-
longing to such citizen, shall be guilty of a misdemeanor, and on
conviction thereof shall be punished by fine not exceeding one
hundred dollars, or by imprisonment in the county jail not ex-
ceeding thirty days.
§ 2. Any justice of the peace in any county through which
such stock shall pass or in which it may .be found, shall have
jurisdiction of the offense: Provided, Tha~ a conviction before
; ?6 LAVa'S OF IOWA.
one justice shall be a bat' to any other prosecution for the
same olTeuse.
§ 3. The owner of said stock may in addition to the provis.
ions of the preceding sections 9( this act, commence civil
action against the person or persons so driving off the
and if it is proved to have be?n maliciously or knowin
driven off, shall recover treble damages therefor.
§ 4. Any justice of the peace in any county Wl~ere personal
service can be had~ shall have jurisdiction of the case, the same
as ~hough the defendant resided in said county.
. § 5. All acts or parts of acts inconsistent with the provisions
o£ this act are hereby repealed.
Ar~ovm) Mm. eh 17th~ 1862.
AN ACT to enable incorporated towns and cities to acquire, hold,
prove and dispose of lands for public squares, parks, commons and
cemeteries.
§ 1. ~Be it enacted by the general assembly of the State of
Iowa~ That any incorporated town or city may purchase lands
w4thin or without its corporate limits for the public use, as squares,
parks, commons or cemeteries, and may euclos% ornament and
improve tho same;
§, ~. Incorporated towns and eifiies within or without whose
limits, lands have been m' may be dedicated to tho publie for tho
uses mentioned in ~he preceding section of this act~ shall have
tire control of the same, and shall have power in ease such lands
m'e deemed unsuitable or insuffieient~ for ~he pm'pose for which
they were:originally, or ~nay hereafter be granted: to dispose of
and convey the same, and conveyances executed in accordance
with ~his act, shall be held to extinguish all rights and claims of
any such tow~ or city to Such lan'd existing prior to Such con-
veyance.
§ 3; In the event of such lauds aforementioned being so dispo-
sed of and conveyed, enough o£ such land shall be reserved for
streets ~p accommodate adjoining property owners.
§ 4. ~hls act being deemed by the general assembly of imme-
diate importWae% sh:ilk take effect and be in force fi'om and after its
OIlY O~ DUBUQUE.
77
publication in tho 1)ally Stgts Negister andrews 2tbmestead. news-
papers published at Des ~oiues. Iowa.
Ap~ov~, Ap~L 5th, 1864.
[ hereby certify that the ioregoing ac; was published in the Daily
State l~egi~ter, April 22d, A. D. 1864. and in the Iowa itomes~ead
April 27th, A. D, 1864. J &MES WI~IGI-Iq~. Secretary of S~ate.
A~ &CT constitutingthe mayor and council of any incorporated town
or city or the trustees of any township not incorporated, a beard of
health, and defining their powerz.
§ 1. ]~c it enacted by thc general /;ssembly of the State of
Iowa, [Phat the mayor and council of any mcorporated ;own, ox'
city~ or ;rus~ees of any township not incorporated, shgll bc and are
hereby constituted a board of health.
§ 2. The several boards of health constituted by this act~ sha~l
have power ;o make such regulations as they may deem necessary
ibr the public hcaltl~ and safety respecting nuisances, sources of
filth, and causes of sickness within thelv cities or towns.
§ 3. ~otice shall bo given by ;he board of health of all regula-
tions made. by publishing the same in some newspaper of its
;own; or, where there is no newspaper, by posting in five public
places in ;ho town. Such notice shall be deemedlegal notice ;o all
persons.
§ 4. The board shall examine into all nmsances, sources of
filth and causes of sickness within its town or city, attd shall take
immediate measures to abate, remove, or prevent the same wherever
found.
§ 5. The bom'd shall ordm' the owner or occupan;, at his own
expense, so remove any nuisance. 'source of filth, or cause of
ness found on private proporvy; within such time as it deems rea-
sonable, and if such person neglects to do sc. he shall forfeit a sum
of not exceeding ;wen;y-five dollars for every day dflring which ho
knowingly permits such.nuisance or cause of sickness ~o remmn
aftra' the time prescribed for the removal thereof.
§ 6. Such notice shall be made in writing and served by the
marshM of the town or ti;y, or by any constable of' the town. in
the usual way of serving notices in civil suits. _
78 LAWS OF IOWA.
§ 7. If tho owner or occnpant fails to cmnply with such orde/~,
the hoard may equse the nuisance, source of filth, or cause of sick-
ness. ;o be rmnovcd, and all expenses mere'red thereby shall bo
paid by such persons.
§ 8. Thc board shall have the power to make regulations in re-
lation to cleansing thc s;ree;s, alleys, and drains of thc city or
town. in relation to communication with houses where thm'c is
any conmgmus or infectious disease, to establish pcs; houses or
hospitals, and when deemed expedient and necessary to prevent tho
spread of any contagious disease, ;o rmnove to said pest house or
hospital, any person sick with the Asiatic or malignant cholera, or
other malignan; or infectious disease. To prohibit or prevent all
commnnicafion or intercourse by and with all houses, ~enomonts.
and places, and tho persons occupying the same in which there
sball be any person sick with any contagious, malignant, or infec-
tious disease. ~o employ all such persons aa shall be necessary ;o
carry into effect the regulations adopted and published according
to tho powers vested in the board by this act, and to fix their com-
pensation, to employ physicians in case of pover;y, and to take
such general precautions and actions as it may deem necessary for
the public health.
§ 9. Any person who shall willfblly violate any of the re. gula-
lions so made and published by tho board of health, shall be guilty
of a misdemeanor, and upon conviction thereof, shall bo subjecs to
a fine or imprisonment, such fine no; ;o exceed one hundred dol-
lars, and such imprison men~ no; to exceed thirty days.
§ 10. All expenses incurred by the several boards of health in
thc execution of this ac; shall be a charge upon their respective
towns or cities, for the purpose of defraying which a ;ax may bo
levied by such board of health upon the proper~y in such ;own or
ci[y, upon the valuation of proporDy, at tho last assessment of such
property, st~fficient to deft'ay all expenses so incurred.
§ 1L Ten days' notice of such levy shall be given in the man-
ner prescribed by law for the collection of taxes, when it shall bo
the duty of the marshal of such town or city to collect the same,
and pay it into tho hands of ~he treasurer of the board of health.
Ar~i~OVED, Afl, in Md, 1866.
CITY OF DUBUQUE.
7~
AN ACT ;o authorize incorporated cities, towns and village8 to dis-
eon;inns their corloorations,
§ 1. ]~e it enacted by the general assembly of tim State of
Iowa. That whenever one-fourth of the legal voters of any incor~
porn;ed city, ;own, or village, in this Stats. shall petition the
eoun;y court of the county wherein such incorpm'a;ion is situated,
ibp the discontiuance of the same. it shall be ~he dnty of each
judge;o cause to be pnbllshcd for at least thirty days, a notice sta-
ting that the question of discontinuing such incorporation shall be
submit;cd to the legal resets of the same a; tim next annual city
or incorporated election, on ihs 1st Monday in March of any year.
§ 2. The form of the ballot shall bo, "~'or the incorporation"
and "Against the incorporation."
§ 3. Tim; if a two-thirds majority of all thc legal votes cast for
and.agalnst such proposi~ion, shall be cast against it, then the sa,ne
may be discontinued, q'he vote provided tbr in this act shall not
be construed to discontinue any ~ncorporation until the said incor~
potation shall have made a,nplc provision ibp the paymen; of all
its indebtedness, and for the iklthful performance of all its con-
~rae;s and obligations, and shall have levied' tho requisite ;ax
therefor before tho same shall bo declared discontinued.
§ 4.. The vote for this purpose shall be taken, canvassed, and re-
turned, in the same manner as other municipal rice;ions, and all
expenses of the same paid by the said corporation so voting.
§ 5. Thai the books documents, records, papers and corporam
seal of any dty, town, .or village, so discontinued, shall ali be depos-
ited with tho county judge of' the county, for safe keeping, and
reference in ihturo and ail court records of any maym' or other
officers, shall be deposited with the ncares~ justice of the ;own-
ship, who shall have authority ;c execute and complete all unfin-
ished business standing on ;he same.
§ 6. That whenever the incorporation of any city, ;own. vil-
lage, shall have been discontinued under tho pursuance of the ac;.
it shall be the duty of the county judge of tho county wherein
such incorporation was situateS, to publish such fi;ct for thirty
days in a county paper, if one ~s published in the county--if not,
by posting three notices for the same !ongth of time, and also
'certify ;he fact to the Secretary of State.
§ 7. That for the paymen; of the indebtedness named in the
4th section of this act, the corporation shallissue warrknts in cases
~AW~ 0]~~ ~OWA,
where there is no money in the treasury~ &;nd the county treasurer
shall collect the ~ax provided for in said section as he collects other
taxes, and pay tho said warrants, and any surplus of this fund
shall bo passed over to the temporary school fund of the district
or districts where the same was levied.
§ 8. This act shall take cffbct after its pubHc~tion according ;o
law.
A~aovE~, APa~n 3d. 1866.
AN ACT to enable Municipal and Public Corporations at their elec-
tion to settle, adjust and ~ompound their Indebtednes% and to pro-
vide ibr the issu'e of new Bonds, and lbr ~;he payment of such new
l~onds by the levy of specific ~'axes, and tbr this purpose altering
and amendiug existing Char~ers and Laws. .
~ 1. Ilo it enactcd by tho general assembly of the 'State of
Iowa. That municipal and public corporation% including cities,
~owns and counties, are hereby authorized ~o settle, adjust, and
compound debts owing by or claimed against them. evidenced by
the bonds or other promissory instruments of such cm'porations;
upon such settlement aad composition~ are hereby authorized to
issue new bonds in the place of the old or former bond% and such
new bonds shall be legal and valid to all intents and purposes, and
no corporation issuing such new bonds shall be allowed to plead in
defense thereto any mat~er which might have been pleaded in de-
fense of tho old or former bonds: Provided, That no compromise
shallbe made without firs~ submitting tho question whether such
compromise shah be made to ~he people, and shall be by thom
authorized by a ~najority of tho votes.
This act is intended to apply only to ~cases where cities, towns.
and counties have heretofore issued bonds or securities for money
on account of any subscription to the capital stock of any railroad
company, or on account of or in aid of any public improvement.
and tho same remain outsran_ding, and any alleged debt arming
therefro~n remains unpaid. But this ac; is limited ~,o the settle-
~nen; of bonds and securities heretofore issued and outstanding a~
tho time of the passage and approval hereof; that is to say, the
power herein given ;o settle, adjust, and compound debts is given,
with respect.to debts already existing, and ;o enable tho debtor
corporations to settle the same ~n accordance with thc provisions
CITY OF DIYBUQUE.
81
of this ac~. And nothing heroin contained shall be construed to
give the holders of existing bonds or securities the right to compel
~he debtor corporation ;o issue such new bonds, or to settle, in the
absence of an agreement on its parr co do so. And nothing herein
contained shall bo construed to legalize or render valid, or binding,
m' in any manner to effect [affgct] existing bonds or evidences of
indebtedness of any character contemplated in this ac;.
This act applies to counties, and to cities and towns, whether
acting under special charters or under the general incorporation
~ew bonds issued, by virtue horeo~ shall in no ease be for
greater sum than the principal and accrued or earned interest
paid on tim bond or debts, in place of which fl~ey shall be given,
nor bear a grea~er rate of interest than seven per cent. per annum,
which in~eros~ may be made payable a6 ~ew York, ~. Y., or a~
the u'easney of ~ho corporation; and such new bonds shM1 show
on their face tha~ ~hey are issued under this ac~, and if so agreed,
may provide for the anmmI payment of five per con;. on the prin-
cipal thereog in addition to the annual in~erest, nnfil said new
bonds are fully paid. Said new bonds shall be made payable at
the treasury of the corporation; shall be canceled when paid. and
destroyed in the presence of the council of supervisors, who shall
cause ~o be kepv a register of all new bonds issued, and all coupons
or bonds which are canceled and d6stroyed. Such newbonds may
be in such form. for such amount not exceeding pnncipgl and in-
terest *hen due on ~he old bonds or securities, ~nd upon such time.
no; exceeding twenty-five years, as may bo agreed upon with the
holder sr owner. Such new bonds shall only bo signed in open
session; a register shall be kep~ t~ereoq tho bonds at once delivered
~o the treasury [treasurer] of the city, ;own, or county, who shall
bo liable on his o~ciM bond for the safe keeping thereog and for
tho proceeds thereof, until he parrs therewith under tho direction
of t, he eoundl or board of supervisors.
~ 2. The council or ~rustees of incorporated towns or eries, or
tho board of supervisors of counties, are hereby invested with full
power to bind ~heir respective corporations by settlements made
pursuan~ to and in virtue of this aeC. ~u~ ~hoy are direc6ed and
required, before any such settlement shall be entered upon, to
eot;sin the whole amount due by such debtor corporation, and
*hey are invested with power to ascertain this ir such way and
8D, IhAWs OP IOWA.
manner as they may deem best. And the holders of existing bonds
shall, if required by public proclamation of the board of supervi-
sors, or proper city or town council, as therein required, present
their bonds to the proper clerk of the county, or city or ;own and
allow such clerk to make a register of such bonds, showing their
date. number, amount, maturity, and rate of interest; and no old
bond or evidence of debt. shall ~n any case be allowed, audited,
paid, or settled, until tho same shall be actually produced and sur-
r, endered, or established by the judgment of a competent court.
If it elects to art hereunder, the city, ;own. or county, by its proper
governing body, shall appoint not less than three nor more than
five of its citizens, a bom'd of eommismoners ;o execute tho powers
and duties recluired by this am. of which board of eommmsioners
the mayor of the city, or town, or the chairman of the board o£
supervisors, shall bo ex q~cio a member but no art of the board
of eommismoners ~n auditing or allowing bonds or debts, or in set-
tlement thereof, shall bind the cmTorafion until such art ~s re~or-
ted*o the proper goyerning body of tho corporation and approved
by it. And said board of' eommistioners shall keep a record of
their acts and doings, which shall at all times bo open to public
inspection. And the. city, ;own, or eonnty incorporation, shall
likewise keep a record of ail RS acts and doings in the premises,
which shalI also be open to public inspection.
§ 8. If now bonds or obligations are issued pursuant ~o the
power given by this ae~. the said corporations named in the first
section hereo£ are hereby authorized, at the time they make then'
annual levy of general taxes ibp general revenue, to appropriate
and set apart for the ensuing yea~; or fora given nmnber of years,
a specific portion or per centage of the general tax so levied, ;o
pay or apply on the new bonds herein authorized, and on such
portion of the prineipaI, if any, as has been a~roed to bepaid each
yem'. When thus appropriated, (which may bo by ordinance, eon-
;rust. or resolution,] the amount thus appropriated shall be spem-
fieally applied to the purlmse above named, and shall not bo diver-
ted ~o or used for any et!mr p~rpose, and shall not be liable ;o bo
attached, garnished, seized, or taken on execution, by any creditor
of the corporation, and such appropriation shall be to all intents
and purposes a mortgage or pledge of thc portion or per centago
thus appropriated, in favor of the parties holding such new bonds.
~he current expenses of the corporation must bo paid out of tho
CITY OF DUBUQUE.
83
yearly or annual general revenue not thus specifically pledged. If
tho general revenue thus set apart, and pledged, is not sufficient to
pay she in;errs; and principal, if any, of the bonds issued by virtue
hereof, tho governing body shall levy a specific tax, as provided
herein, sufficient, to supply the deficiency not provided for by the
portion of' the general revenue thus set apart and pledged. And
it shall no; be in the power of any creditor, by any process, suit,
judgment, or otherwise ~o obtain a lien~ right, or priority upon or
to such general fund. so as to prevent the corporation from thus
appropriating, or setting spar;, or pledging such portion of its
general revenue as is no~ necessary for the payment of its current
expenses. If for any reason tho revenue raised by any one year
shall not be fully sufficient to pay the interest or any part of the
prinoipal of the new bonds falling due any given year, a specific
levy [o pay such deficit shall be included in a levy for the next
year. If there is a surplus of the specific levy for any year, such
sm'plus shall be exclusively applied on the bonds herein authorized
to be issued.
§ 4. If new bonds or obligations are issued pursuant to the
power given by this act. the eorl: ~rations nam'ed in the first section
thereof, are hereby authorized, and it is hereby made the duty of
the governing body o£ said corporations to provide annually in the
manner herein prescribed for the payment of the interest of such
new bonds, and such portion of the principal, if any, as has been
agreed to bo paid each year. When any portion of the general
tax is appropriated and set apart, as provided for in section three
of this act, or when any specific additional tax is levied under tho
prowsions of this act, the same shall be from that time forward a
specific mx for tho purpose or applying on or paying said new
bonds or the interest thereon, and for nb other purpose, and neither
said rexes nor the money raised thereby, shall ever be diverted or
used for any other object or parpos% until the whole of the cora-
promise bonds issued under the provisions of this act are paid in
ihll~ both principal and interest. ~or shall the money so raised, or
the proceeds of new bonds acquired t( settle andpay the old bonds
or debts, or bo subject re attachment, garnishment, levy, or appro-
priation by the holders of debts or judgments against the cra'po-
ration unless such judgments are obtained on the new bonds issued
by virtue of this act. 3loney ;has raised shall be kept' as 'a' dis-
tinc~ fund ~¢o be saerddly ~nd exclusively applied to the sole pup-
LAW8 01~ IOWA_.
pose of paying the debts of the corporation as provided in this act.
If the corporation agrees to pay, in addition to the annual in-
terest, some specific portion of tho principal each year, such new
bonds shaI1 be in such form as to enable this to be done. and the
amount paid from year to year to bo detached from the bonds and
canceled. Said specific tax hereby authorized shall be levied ~t tho
same time that other taxes are levied, and shall be collected in tho
same manner, but nothing but money shall bo receivable in pay-
ment of. such tax. And this act shall bo construed as an amend-
mens to the charter of cities, and to the general incorporation act,
being chapter fifty-one of the revision, and also as enlarging the
powers now given'by law to the counties of the State. But no
creditor of any public or municipM corporation who refhses ;o
settle or compound his debt, and refuses to receive and does no;
receive new bonds or obligations, shall be entitled to the benefit of
this act, or to the speeifio tax levy herein authorized.
And if the court is satisfied that thereis any evasmn or delay ~n
the performance of this duty on the part of the corporation, it is
hereby invested with tho power, aha it is hereby made the duty of
the tour; itselq to on;er and order levying such tax. and to charge
its own officers with the duty of collecting it, and ibp this purpose
they shall have all the powers, and be substituted in the place of
the corporate officers. And if judgments are obtained upon such
new bonds, offer the interest thereon, anti are not paid, the cor~
porate property of ali kinds: without any exemption, shall be sub-
ject to seizure and sale on execution, issued upon such judgraents;
the general revenue of the corporation shall bo liable to pay such
judgments, and orators subject to garnishment. But it shall not
be held ;o authorize the levy of any specific or other tax than such
as may be levied by virtue hereof and for the purposes of paying
the new bonds herein attthorized. And ~his act shall not be con-
s;ruod so enlarge the taxing power of cities. ;owns, or counties, as
respects oldbonds or debts, nor to validate such bonds or debts in
ease they are not adjusted under tho provisions of this act. Its
benefits are designed for and limited ;o these [those] who volun-
tarily make an adjustment under its provisxons.
§ 5. This act shall be deemed ~o bo a contract in favor af any
creditor who accepts of its provisions, and to such creditor or
holder ef the new bonds herein authorized shall be irrepealabl~.
§ Il. ~li* benefits and provisions of ;his act only apply to ered-
C]['£g OF DUBUQU]~.
tiers who shall receive new bonds in settlement of prior debts or
bonds, nor does this ac~ apply ~o corporations not indebted, or
which do not issue new bonds in settlement of former ones.
§ 7. The provisions of this act shall be deemed incorporated in
tho new bonds issued by virtue hereof. Any of thc bonds hereby
authorized may at the pleasure of the corporation be paid prior to
the time therein fixed for payment, ir which case tho holder can
only demand tho principal and interest up to thc time of payment.
§ 8. Power is hereby given to tho board of commissioners, pro-
vided for in this act. to advertise from time to time in such papers
as they may think best. and invite the existing bond hqlders of
the corporation to state to the commissioners: 1st. The terms
on which they will exchange old bonds or debts for new bonds to
be issued under this act. 2d. Thc terms on which they will sar-
render to the city, town, or county, (as thc case may be,) old bonds
or debts for new bonds to beissucd under thisact. 3d. Thc terms
on which they will surrender to the city, town, or county (as tho
case may 'bo) old bonds for cash. The result shall, be reported from
time to time to the proper govcrnlng body of the corporatio~, for
such action a~ it may see proper to take on the premises under the
provisions of this act. If it.is ascertained that the offers to sur-
render for ready money are the mos; advantageous, the new bonds
herein authorized may bo sold for cash, but in no case less than
par, and to no greater extent than is necessary to accept offers
from ti,ne to time actually received. ~oney thus obtained shall
be paid to and kept by tho proper city, town, or county treasurer,
and paid out omy upon the direction of tho council or board of
supervisors; fbr the safe keeping of which the said treasurers shall
be liable on their official bonds, the amount of which may be in-
creased from time ~o time if necessary, to secure tho corporation
fi'om loss. ~oney thus obtained shall be exert;pt from attachment,
garnishment, or levy; andif garnished, the corporation, its otllcers
and comrmssioners, shall not bo held liable thereon.
§ 9. City and ;own corporations are invested with power to
pass resolutions and ordinances, and counties to pass resolutions
and orders, necessary to carry into execution the powers herein
given.
§ 10. ]No compromise shall be made under the provisions of
[this] act until the proper council or boa~d of $~lper~qsors shall
submit the question whether the powers given by this act shall be
S6 LAWS OF IOWA,
exercised by such town. city. or county, and it shall be the duty of
the town. [city,] or county authorities to submit the question tothe
voters of said town, city. or county (as the case may bo,) at some
general or special election. The form of the question submitted
may be substantially as follows: "Shall the city of (or county
of , or ~own of , as the case may be,] settle its debts
under and by virtue of the provisions of this ac; (giving its title
and date of passage)?" The answer on the ballot containing the
question shall be "yes" or "no." If the majority of tho votes cas;
are -yes," then the proper city or town council, or board of super-
visors, may exercise tho powers given by this act in tho manner
herein prescribed; but no creditor can in auy event co~npel them
to exercise the powers. If the m~jority of thc votes cast arc "no."
then the powers given by this act shall not bo exercised by such
~owu, city, or county. The question may be re-submitted to thc
voters after having been voted "no," but such re-submission musx
not be within twelve months of first submission. If adopted on
such re-submissfon by a majority of the votes cast. then it shall be
lawful for such town. city, or county, to exercise the powers given
by this act. Thc notice of the submission, in this section provided
for, shall be such as the board of supervisors, or proper city or
;own council, may prescribe. The result, after being canvassed,
shall be entre'ed of record on the proper books of the coun;y~ town,
or city.
§ 11. The provision of this act shall not apply ;o counties hav-
ing a population of loss than five thousand inhabitants; nor to
cities having a population of less than three thousand tlve hundred
inhabitants, as shown by the census of 1867: Provided, That any
action or proceeding under the provisions of this act shall bo
menced witt~in two years from the taking effect of this ack and not
after.
§ 12. l~othiug herein contained shall be construed to prevent
the corporations herein named from settling their debts without
resort to the powers contained in this act; and no bond shall bo
regarded as haviug been issued under this act unless it is so stated
on the face thereof; and none of the powers herein given shall
apply ;c bonds which are not issued, or which on thc face thereof
do n'ot profess to have been issued under the provisions hereof.
§ 13. A debto~ corporation, instead of pursuing the ~coursa
above authol'i~bd~ may, if it re~olves tO do so. adopt th~ following
CITY OF DUBUQUE.
course: It may issue tho new bonds herein authorized and take
up ;herewith old bonds (on such terms as may bo agreed upon,)
aud then deposit the old bonds with the treasurer of the State of
Iowa. in his oliiciM capacity~ as security for the paymeut of said
new bonds and coupons. If the new bonds and coupons arc p~id~
then the old bonds and coupons are to bo sm. rendered to the proper
debtor corporation upon such payment. If said new bonds or
coupons are no; paid. ;hen the holder thereof may elect to surren-
der ;he new bonds and take back the old bonds; but the old bonds
cannot be sold ;o pay the new bonds or coupons. The deposit of
old bonds above authorized may be with or without the benefit of
the specific levy heroin authorized, as may bo agreed upon by the
tho parties.
§ 14. ~his act, being deemed of immediate inxportance, shall go
into effect when published in the Iowa Stats ]~egistsr and Iowa
~Y~ening Statesman.
Ar~aov~n, Aru~ 2. 1868.
I hereby certify that the foregoing act wa~ published in the Daily
State l%egister April 4. 1868, and in the Iowa Evening Statesman
April 4 1868. El). WRIGHT, Secretary of State
AN ACT to provide for the relief of certain classes of indigent persons.
§ 1. ]Be it enacted by the general assembly of the State of
Iowa, The city council ot' any incorporated city of the first-class,
and the township trustees of any towx~ship in tixis State, are here-
by authorized, and it is made tt~eir duty~ to provide fox' tho rcllcf
of such poor persons, m their respective cities and township% as
~hould no~ in their judgment be sent to the county poor-house:
Provided~ That the amount paid for or in aid of~ the support of
such pdor persons may be supplied to them either in thc form of
food. rent. clothing, fuel and light% medical attcndanc% or in
money; and shall not exceed ;wo dollars per week ibr each person
for whom relief is thus furnished, exclusive of medical attendance.
§ 2. In no case shall the widows or families of Iowa soldiers, or
other persons in families requiring public relief, be sent to tho
county poor-house when they can and prefer to be relieved out of
tho poor-house ~o the extent above provided.
88
IOWA.
§ 3. Ail moneys expended as contemplated in this act, shall be
paid out of the county treasury, after the proper account rendered
therefor shall have beeu approved by the hoard of supervisors of
the respective counties, and in M1 cases tho necessary appropria~
lions therefor shall be made by the respective counties: Provided,
That the board of supervisors shall have the power ;o limit the
amount of relief furnished under this act. and shallhave the power to
refuse to continue such relief whenever in flieir judgment the per.
son or persons receiving such relief arc not ~n a condition to re-
quire further public assistance or aid.
§ 4. This act is not ~ntended to interfere with thcrcmoval of'
paupers from one county or stase to another as no~v provided by
Arrnov~n April 6, 1868.
AN' ACT to promote ~he collection of revenue of incorporated cities
and ~owns acting under special char~ers.
§ 1. Bo it enacted by thc general assembly of the State of Iowa.
That to ail cities and towns heretofore incorporated under special
acts and charters, and which do not now possess the right to sell
personal or real property for tho collection of delinquent taxes, in-
cluding special rates and assessments, full power and authority is
hereby granted to sell real and personal property for delin-
quent taxes, including special races and assessments levied upon
property for tho improvement of'streets alleys, sidewalks, the con.
strucfion of sewers, and other improvements of like nature: but
no deeds heretofore given by city authorities, where there was no
legal power to sell. shall bo considered as valid by anything herein
contained.
§ 2. That the city council or trustees of any inco~Torated city
or town. coming uuder the provisxons of this act, shall have the
right to provide by ordinance for ~he method of conducting
sales of property sold for delinquent taxes or assessments, and also
to provide all other needful rules and regulations for the proper
enforcement of tho rights herein granted. Deeds given for prop~
etrey sold under the provisions of this act shall have the same force
and validity as those executed by county treasurers in similar
OITY OF DUBUQUE.
The city council or trustees of any incorporated city or town,
acting under special charters, may, if they deem best, cause to be
certified up to the clerk of the board of supervisors all taxes, rates,
and special assessments, thc same as though said city or town
had been incorporated under the general incorporation law, known
as chapter 51 of the revision of 1866, and the amendments thereto;
and when so certified, said taxes, rates, and special assessments
shah be collected and accounted for in ali respects thc same as is
provided by section 3, chapter 25. of the acts of the tenth general
assembly.
Arrnown April 7, 1868.
AN ACT for the registry of electors and to prevent fraudulent voting.
§ 1. ]Be i~ enacted by the general assembly of thc State of Iowa,
That it shall be the duty of the township assessors at eveyy annual
assessment to record in a separate book of suitable size, Lo be pro-
vided by thc board of supervisors ortho county, the full name and
place of residence of every resident voter in the township who is
or who may become a qualified elector previous to the next general
election. Said list. properly certified, shall bo delivered to the
township clerk on or before the first day of July in each year,
ter the year A. D. 1868.
§ 2. The township trustees and clerk shall constitute a board
of registry for their respective townships, and shall meet after the
year 1868, annually, at tho ofllcc of the township clerk, on the 1st
~onday in September, at 9 o'clock A. ~., for the purpose of mak-
ing a list of all qualified electors in their respective townships.-
This llst shall be called and known as thc Register of Elections.
§ 3. The register of elections shall contain tho names in full,
alphabetically arranged~ according to their snrnames, so as to
show in one column the name at full length, and in another colmnn
opposite, in cities and incmTorated villages, the residence by num-
ber of dwelling, if there be a number, and thc name of tho street
or other location of thc dwelling-place of each person. This regis-
ter shall be made fi'ora thc assessor's list and from the poll-books
of the next previous election. Said register shall be kept by the
township clerk, who shall, within two days after the adjourn-
90 JS~.WS O~~
moat of tho board, cause a certified copy of said re,step to be
posted up in a conspicuous place in his office, which shall be acces-
sible to any elector of the township who may desire to examine
the same.
§ '4. The board of registry shall hold a meeting at the place
where the last genera] election was held. or. if from any cause it
ca*mot be held at suel~ place, then at some place to bo
designated by notice published in at least onepapcr printed in tho
township, or posted in 'at least three public places therein, on the
Tuesday preceding the general election of each year, at which
they shall revise correct, and complete the register of elections,
and they shall hear any evidence that may be brought before them
in reference to such con'ectlon. They shall be in session for this
purpose from 9 o'clock A. ~I.. until 5 P. ]~I.. and fi'om day ;o day
thereafter, and until they shall deem the register properly com-
pleted.
§ 5. In case of corporation elections, it shall be the duty of thc
clerk of the city or town to prepare, from the po]Lbooks of the last
preceding annual election of said corporation, an alphabetical reg-
xster of the electors as provided in section 3 of this act. and [he]
shall post up one copy thereof in each ward at the place where the
last I receding election was held. one month preceding such elec-
ilea: and furnish the original ~o the board ofrcg~stry at their next
meeting. The board of registry for said cities and towns shall
consist of the mayor, assessor, elto'k, and marshal, who shall meet,
for the purpose of correcting the registry~ one week before such
election, at the usual place of meeting of the city council or trus-
zees. and after having correcte, d the rc~istry of-comps. ~n each
ward. as contemplated iix the general provisions of this act, said
board shall cause a certified copy of said registry for each ward in
said town m' city to be delivered to the election board o2 such
wards at or before the time of opening the polls. After the canvass-
i~g of the votes, the registries shall be attached to the poll.books
and filed in the office of the clerk of the city or town, fox' the use of
the succeeding board of registry. The gcnerM provisions o£ this
act shall extend to incorporated towns and cities so fax' as the same
may he applicable. The names of' all pgrsons not qtmlified as elec-
tors shall be stricken fi'om the register, and any person appearing
to register his name may be challenged by any elector or member
pi;he board, and in case of such challenge shall be examined on
CITY OF DUBUQUE.
91
oath touching his qualifications as an elector, which examination
may or may not, in tho discretion of tho board,~be reduced to
writing; and if it shall appear upon such examination that tho
person is entitled to bo registered, Jn the opinion of;be bom'd, m'
if. after such examination, the said person will ;eke an oath that
he is, or will bo at the election for which the registry is made, a
legal voter, stating tho wm'd. district, or township in which he re-
sides, and complying in other respects with the requirements of
tho oathnow administered to an elector in case of his being chKl-
longed, then tho board shall cause tho name of said person to be
registered.
§ 6. The register of elections sheller alltimes be open to inspec-
tion at tho office of the township clerk without charge.
§ 7. The board of registry may appoint a clerk, in the absence
of the township clerk, and may administer oaths in all cases com-
ing Jgefore them ibr action.
§ 8. It she]lbo tho duty of judges of elections to designate one
of their number to check the name of every person voting~ whose
name is on the register. No vote shall be received at any general
or special election hereafter held in this State from any person
whoso name does no~ aIpear on tho register, unless the person
offBring to vo~e shall flumish the judges of election his affidavit,
showing that he is a qnalified elector and aproper reason for not
appearing before said board on the day fox' correcting said regis-,,
~er, and prove by the affidavit cfa person whose name is on said
register that he knows such person to be a resident of such town~
ship, and, if i~ a city or incorporafed village, g~ving the place of
residence in the manner required to be entered on the register,
which said affidavits shall be filed in the ~ffiee of the township
clerk.
§ 9. The members of the board of registry shall receive the
same compensation as is Miowed by law ibr judges of election; for
each day actually employed in making, completing, and posting
said register. The necessary blanks, and materials to carry out the
provisions of this act: shall be provided the same as other election
blanks and materials.
§ 10. Any person who shall cause his name to be registered,
knowing that he is not, or will not become a qualified voter in the
township where his name is registered, previous to the
next general election, or who sh~ll wrongfully personate any rog-
L.kWS OF IOWA.
istered voter, and any person causing, aiding, or abetting any per.
son in any mamier in either of said ac~s, shall be guilty of felony,
and upon conviction thSreof shall be punished for each and every
offense by imprisonment in the State prison not less than one year.
A~y person who shalIswear falsely before said board to ma~eri~ facts
as ~o'his qualificatiOnS as an elector, sh~l be deemed guilty
jury~ and on convL~on ~hereof shall be punished as provided by
law.
~ 11. A~er ~he canvass of votes a~ each election, one of
poll-books and regls~er of elections shall be at~ached together and
filed in ~he o~ce of ~he ~ownship clerk for the usc of tho hoard
registry at their next annn~ election.
~ 12. ~he township trustees .and to,ship clerk shah ~eet a~
the o~ce of the township clerk on the first ~onday in September,
1868, a~ 8 o'clock A. ~., and proceed to make a list of tho qualk
fled rovers in their respective townships as provided for in section
3 of this acv,.except as to the residence, which m~y be omitted.
~ 13. The board shall procure and have before them the poll-
book of the previous election, in the absence of the assessor's
list, as provided for in section one of fids ac~; and they may add
lhe names of any persons residing in ~he ~o~ship whom they
[ieve $o be qualified electors; and the register shall within
days after the adjourmnent of the board be posted in ~he manner
l{rovi~ed for in section 3 of this act, and tach register shall for the
first year be~ for all in~en~s and purposes~ the register provided in
section 3, and shall be revised and corrected a~ tim meeting of said
trustees at their meeting on tl~e Tuesday preceding the general
election in each year.
~ 14. In cases of special elections, the township clerk shall fur-
nish ~o ~he board of regist~ of their respective town~i~s, ten
days before such election, a duly co,tiffed copy of the corrected
regi~ry for ~he last preceding general election, a~ a meeting of
said board, ~o be held a~ tho rsua] place of meeting, when they
sh~]l proceed ~o correct and pe~ect said registry as provided in
this ac~.
A~r~ov~n ~pril 8. 1868.
GOVERNMENT OF DUBUQUE
F~o~ irs OROA~ZAT~O~ TO 1869.
J 837.
T. S. Wilson, Pres't, ~ T.C. Fassitt,
J. Plumbe, Jr., ~ Wm. ~yers,
1838.
P. C. l~orhiser, Pres'~.
} John Plumbe, Jr.,
E. Langworthy, }
Alex.
~Butterworth,
1839.
Pat'k Quigley, Pres't. /~. Langworthy~
S.D. Dixon. Dr. T. ~ason, ~
1840.
S. D. Dixon, Pres't. ~ Cha's Miller.
J. P. Farley, ~ Patrick Quigley,
Charles HiI]er,
Timothy Fannirg.
John ~cKenzie,
Benj. Rupert.
Lorin Wheeler,
Thos. C. Fassitt.
E. C. Dougherty,
1841.
CALEB H. BOOTH, Mayor.
Jesse P. Farley, E. Langworthy, H, Simpler,
Charles i~iller, W.W. Corie]], Timothy Fanning.
94
G~VERNMENT OF TtIE
1842.
SAMUEL D. DIXON, Mayor.
John Thompson, James Fanning, John T. Falos,
Jesse P. Farley, Joseph Ogilby, A. Cline.
1843.
JAMES FANNING, Mayor.
Timothy Fanning, P. 0. ~/Iorhiser, F.K. O'Ferrall,
David Slater, John ti. Thedinga, Joseph Ogilby.
John Blake.
Elisha Dwolle,
1844.
F. K. O'FEI~ALL, Mayor.
John G. Shields, Timothy Fanning,
Robert Rogers, John H. Thedinga.
Elisha Dwolle.
Robert Rogers.
1845.
F. K. O'FERRALL. Mayor.
Timothy Fanning, John Blake.
John II. Thedinga, John O. Shields.
1846.
F. K. O'FEI~i~ALL, Mayor.
/{ugh Treanor, Wm. ti. Robbins. Amos Matthews,
Michael Moi~amara. M. Mobley, Lewis L. Wood.
1847.
P. A. LOt~IMIEI~, Mayor.
Michael McNaraara~ Wm. II. Robblns, Amos Matthews,
Mm~g~n Curran. W.J. ~illiam. Lewis L. Wood.
0ITY OF DUBUQUE.
1848.
GEORGE L. NIGHTINGALE, Mayor.
Hugh Treanor Wm. II. Robblns, John Gunn,
Patrick Finn. Ii. S. IIetherington, Lewis I,. Wood.
1849.
WAI~NEI~ LEWIS, Mayor.
W.D. Waple% ) J.J. ~. Norman~ Thomas l~ardi%
Philip Powers.~ F.V. Goodrich, John Gunn.
John G. Shields,
L. D. Randal2
David Decker,
1850.
J. It. EMERSON, Mayor.
John D. Bush. ]Ed. Langworthy,
Robert Rogers, H. ¥. O.ildea.
L. Molony,
Caleb It. Booth.
1851.
P. A. LORIMIER, Mayor.
Joseph Ogilby, John D. Bush~
Jesse P. Farley, Lewis L. Wood.
95
1852.
JESSE P. FARLEY, Mayor.
M. Mcl~amara. James Burr. Christopher Pelan~
~¥rn. D. Waples. I[enry L. Stout~ George Mciienry.
1853.
JESSE F. FARLEY, Mayor.
James Burr. ~dward O'][~ar% Anton IIeeb~
Thomas McCraney~ M. ~obley, George Wilde,
Ben M. Samuels. IIenry L. Stout, }~ E. Langworthy~
M. McNamara, John D. Bush, ~(
96
JESSE
John D. [Bask, ~
James Reld,
E. Langworthy,
Patrick Quigley~
George Connell,
O0¥ERNM~NT OF THE
1854.
1a. FAt~LEY, Mayor.
Christopher Pelan, John King,
3/[. McNamara, Fred. Weigol,
Thom i~eCraney, Edward O'~are,
Anton I:[eeb, Fred. E. Bissell,
~atthias Mare,
CITY OF DUBUQUE.
97
1859.
JOHN HODGDON, Mayor.
tIugh Treanor. John Mehlhop~ Geo. L. Matthews~
Patrick Quigley~ Joseph A. Chapline~ ~atthias tiara,
John B. ~ano, Robert ~itton, John King.
A. ~aufmann~
JOHN
Patrick Quigley,
H. ~c~amara,
Morgan Curran,
George G.onnell.
1855.
G. StIIELDS, Mayor.
Fred. Weigcl, '[ Edw'd Spottswood.
G. L. Iqightingale, J John King,
Ben ~. Samuels, ~[atthias Ham.
Christopher Pelan.
1856.
DAVID S. WILSON, Mayor.
M. l~IcNamara, Ben M. Samuels. Robert l~itton,
J. $. ~E. Norman. N. Nadcau, ~athias ~tam,
~Iorgan Curran, Warner Lewis, G.O. Kreichbaum.
G. L. Nightingale, Edw'd Spottswood,
1857.
DAVID S. WILSON, )~
GEO. L. NIGHTINGALE, f MayoL
M. HcI~amara, Samuel Yirden, Geo. Ord Karrick,
J. J. ~. E'orman,' Warnm' Lewis, G.C. Kriechbaum~ ~
Geo. L. l~ightingale, 1~. Nadcau~ Anion ~eeb,
James Woolnou~h, Robert lgitton~ Adam Y~eger.
HENRY S.
H. l~clq'amara,
I~ugh Treanor,
Samuel ¥irden~
John B. Lane,
1858.
HETHERINGTON, Mayor.
ALDEUMEN;
George McMenry, ~ N. Nadeau,
Franklin ]:Iinds, J Robert ~itton,
Gem Ord Karrlck, ~ Adam Jmger,
B. [B. Richards~ .j l~atthias ~am.
1860.
HENRY L. STOUT, Mayor.
Patrick Quigley, Geo. Conncl], Fred. WelgeI,
~cIugh ~reanor, Geo. D. Wood, John King,
A. Kaufmann. Geo. L. Matthews, John [Bittmann,
John [B. Lane.
1861.
HENRY L. STOUT, Mayor.
Patrick Qulglcy, Jno. [B. Lane, Geo. L. 3~atthews,
l-Iugh Treanor. Geo. Connell, ]~L Weigel,
Goo. L. Torbert, Geo. D. Wood, Yno. Rugamm5
JUG. [Bittmann.
I~ugh Treanor~
Patrick Quigley,
M. [B. ~ulkern~
1862.
TtIEDINGA, Mayor.
Geo. L. Torbert, Geo. L. Matthews,
Gco. Connell, J. Christman,
l). S. Cumings~ Jno. Rugamer,
Peter Kienc.
ttngh Treanor,
Patrick Quigley,
1~. B, ]~Iulkern,
1863.
THEDINGA, Mayor.
Jno. Russ, J. Christman,
ID. S. Cumij~gs~ Geo. L. 3fatthews~
]~I. L. Stout, Peter Kione,
Titus Schmidt.
C~T¥ OF ~)UBUqUE. 99
98
GOVERNMENT OF ~HE
JOHN
Patrick Quigley,
J. ~. ~mcrson,
Jno I~uss~
1864.
THOMPSON, Mayor.
M. B. Mulkern. Geo. L. ]~atthews~
Iff. L. Stout, Iff. S. Hethering[on,
D. S. Cumings, Titus Schmidt.
Jno. l~ugamer.
JOHN
J. I-L ~mersop,
Patrick Qulgley,
~VL [B. ~ulkern,
1865,
THOMPS01~I, Mayor,
L. N. Gibbs, If. S. ttetheringtom
D. S. Cumings, Jno. I). [Bush.
Henry Lembeck, Jno. Rugamer,
John King.
JOHN
Patrick Quigley,
Arthur'~cCs~nn,
Jno. Lucas,
L. N. Gibbs,
1866.
THOMPSON, Mayor,
Benj. F. Smith, If. S. tIetherington,
It. Lembeck: Jno. King,
D. S. Cumings, A.P. JaegeT,
Jno. D. [Bush.
N. C. Ryan,
B. P. Smith.
Thcs. C. Fassitt,
1867.
J. K. GRAVES, Mayor.
ID. S. Cumings~ l~. K-ingman,
IfilaTms Fleins. A. $'. Jaeger,
Iff. S. Hetherington, )~ M. Wening.
II. P. Ward, J
1868.
SOLOMON TUi~CK, Mayor.
Jno. Lucas. Joseph Gehrig, Thos. P. Coates.
Jas. l~owan, ~ilarius Pleins~ i~. Wening.
~hos. C. Fassitt, ~ ]~. G. Young, A.F. Jaeger.
~eo. W. Scott~ ) ~I. Kingman~
John Lueas,
Joseph Gehrig,
1869.
W. J. KNIGHT, Mayor.
~B. D. [Lenehan: ~hos. P. Coates,
Ernst G. Young~ Fred. Weigel,
Hilarius Pleins, A.F. Jaeger,
Peter Kiene.
TREASURER. J. P. QUIGLEY.
AUDITOR. J. ]). JENNIlXIGS.
Assrsso~, R. O. ANDERSON.
RECORDER, FRANK GLAB,
ATTORNEY, E. i~cCENEY.
1VMRsRAn, OWEN HARDY.
RESOLUTION.
.Be it l~esolved by the City Council of the City of .Dubuque:
That the following shall constitute and .bo denominated tho
"Revised Ordinances of the city of Dubuque," and shall be pnb-
lished in book form. with table of contents and index, as provided
forln section 8 of the city charter, and from and after such publi-
cation shalI be in fro'ce, and shall bo received without fimther proof.
as presumptive evidence of such ordinances. Resolved, further;
That all public or general ordinances, or par;s thereo£ not ineluded
in said Revision, shall be repealed, so far as they eonftiot with tho
provisions thereof but no fine. forfeiture, penalty~ right, action,
suit. debt or othm' liability whatsoever, created, instituted, incurred
or accrued by or under tho same, shall bo released, discharged,
annulled, repealed, or in any wise affected, but may be prosecuted.
recovered, or enjoyed, or any sui~ or other proceeding be commen-
ced or completed [hereon, as fully and in ;he santo manner in ali
respects as if such ordinance or par~ thereof had remained in full
force.
Adopted ~arch 22nd, 1869.
A. F. J2EGER, 3~yor, pro tern.
Attest: F. G~, Recorder.
REVISED ORDINANCES.
CItAPTER 1.
AN OI~DINAiNICE es~ablishing the City Seal.
Be it Ordained by the City Council of the City of ~ubuque :
S~c. 1. Tha; ;he seal heretofore provided and used by and for
the city of ~ubuquo, having in tho center ~he words "~x P~m~
~u~" and around the edge "SEAL Or THE CITY 0P DUBUQUE,
iowA," is hereby established and deslared to have been and now to
be the Seal of tho City of Dubuque
CIIAPTER 2.
AN OIlDINANOE tO define the Boundaries of Wards.
Be it ordained by the City Council of the ~ity of Dubuque:
S~c. L That the city of Dubuque shall be divided into five
wards ~s herehi numbered and described; the first ward shall in-
chtde all th&g part of the city contained within the following limits,
102
~E¥ISED ORDINANOES.
viz: commencing at the point on the Mississippi river at which a
line in the center of Main ssreet intersects said river; thence aIong
said llne and through the cen~er of Main street to the point where
the centex, llne of Pifth street intersects the senter line of Main
street; thence wcstwardly along the center line of Pifth street to
the old corporation Iine, thence south-westwardly along the center
line of a continuation of ~il] streeh (as exhibited on Potter's map
of Dubuque,) until the center line of said street intersects the center
line of Third street, as exhibited on the same map; thence nm'th.
westwardly along tho center line of Third street to its termination
as exhibited on the said map, being on the cast boundary of Min-
eral lot no. 159; thence westwardly across Mineral lots ]No. 159 and
160, to the south~east corner of Mineral lot :No. 161; thence west-
wardly along the south boundary of said Mineral lo~ to its south-
west cornm'; thence north~wesrwardl~ along the boundary linc
between 5~iineral lots l~os. 162 and 163 to the south boundary of
the sub-division of the Gilliam Im kas exhibited on Potter's map of
Dobuque); thence westwardly along the south boundary of said
sub-division, to the west boundary of thc city of Dubuque; thence
south along said west boundary to thc south boundary of said city;
thence along the south and east boundaries thereof ~o the place of
beginning.
S~c. 2. Tho second ward shall include all that part of the city
lying south of a line commencing at the point where the center
line of ]Eighth street intersects the con;er line of Main s;rees;
thence nm'th-eastwardly along the center line of ]Eighth street to
the Mississippi river, and cast or north-east of the center line of'
Main street, commencing at the point above named, and continued
through said strcet and intho direction of the same south-eastwardly
to the said river.
S~c. 3. The third ward shall include all thal par~ of tho city
lying eastwm'd of the center line of Main su'eeb and between the
contra' line of [Eighth street continued to the Mississippi rivm5 and
the center line of Seventeenth street continued to said river.
S~c. 4. Tho fourth ward shall include all that part of tho city
lying westward of the center line of Main streen and between the
northern boundary of the rirst ward. and a line commencing at tho
point where the centex' line of Seventeenth intersects the con;er
fine of Main street; thence westwardly along thc center line of
Seventeenth stree~ 1~o where the same inrersecm the center line of
L
CItY OP DiJBIJQUI~.
103
Mineral street: thence along the center line of Mineral street to the
west boundary of the city.
Sr~c. 5. The fifth ward shall include ali that part of the city
lying north of the northern boundary of the third and fourth
wards as herein described.
C~APT]ER 3.
Be it ordained by the ~iiy Council of the City of/Dubuque:
Sro. 1. The City Council shall in each year~ not less than ten
days before the annual city election, appoint two judges and two
clerks of election: in each ward~ and shall provide a place in cash
ward at which tho election shall be held, and notice of the same
shall be published in the proclamation of thc mayor, which shall
be issued in conformity with section 4 of the city charter, and
shall specify tho officers to be elected, and time for opening and
closing of tho polls. The judges and clerks of election shall be
allowed for their sm'vices the sum of three dollars each, to be paid
from the city rrcasury.
S~o. 2. The city recorder shall, without delay, after such ap-
pointment, make our and deliver to the city marshal~ a certificate
of appointment under the city seal, to each of the persons appoin-
ted judges and clerks. A~td the marshal shall deliver such certifi-
cato to cach pm'son so appointed, within three days after their ap-
pointment. The City Council may, at the time of appointing the
judges and clerks of election, appoint fi'om the legal voters of the
ward, an alternate in the place of each of the persons appointed
judges and clerks, and such alternates may serve as judges m'
clerks, in case of neglect or refusal of any of the persons appointed
as judges or clerks, to ac~; and they shall be notified of their ap-
pointment as alternates in like manner as the judges and clerks.
S~c. 3, If any judge or clerk of election, shall refuse to act, or
shall nor ar;end at thc time fixed for the opening of the polls, the
vacancy shall be rifled by the alternate; and if no alternate shall
attend, by a legal voter of the ward to be chosen by the majority
of both judges and clerks in attendance.
104
R]~VISED ORDIi~ANCJ~S.
SEc. 4. Ali persons elected or appointed to any city office, shall
take and subscribe an oath of office in due form, before the mayor
or any other pm'son authorized to administer an oath, before enter-
lng upon the duties of his office. 1~o person no; a q.uMified vomr
shah be elected or appointed to any office of tho city.
SEe. 5. The recorder, ~reasurer, auditor, marshal, harbor mas~
tor, and such other officers as may be requlred soto do, bytho City
Council, except the city judge, shall execute bonds, with good
and sufficient sureties, in such sums as the council may direct, in the
form required by ordinance, and a failure so ~o do by any officer so
required wRhin ten days from the time of his election or appoint-
men;, shall be deemed a vacation of his o~ce. AH o~cial bonds
of city officers, when approved by the council, shall remain in the
custody of the recorder. &nd shall not be surrendered withou~ the
authority of *he council: 2rovided. Tha~ the recorder's bond shall
be deposited wi~h the city auditor.
SEe. 6. Tho salaries of all city officers shall be fixed by the City
Council, and may be increased os' rednecd whenever the council
shall so determine. Ail officm's, except the City Council. who shall
be entitled to receive regular salaries, shall be paid the same in
monthly payments. ~o be made as soon aspracticableafter the ~rsI
regular meeting of the council in each month, a statement of the
amoun~ duo such officers respectively, having been first submitted
to the council, and approved by them.
SEe. 7. That any city officer who shall refuse or neglect with-
ou~ just cause ~o perform any duty required of him by any ordi-
nance of thc city, or by resolution of the City Council, shall be
subject to a penalty of not less than ;on nor more than one hun-
dred dollars, in addition to any damages which tho city may suffer
by reason of such refusal or negqeet, and which may bo recovered
by suit upon the bond of such officer, and such officer may for such
cause be removed from office, as provided in section 39 of the city
charter.
SEc. 8. That all city office~s appointed by the City Council,
when not otherwise provided by the city charter, shall remain in
office during tho pleasure of the council, but tho term of office shall
~aot extend beyond the annual city election in each year.
OIT¥ OF DUBUQUE.
C~APTER 4.
105
AN ORDINAN01t to regulate Official Bonds.
Be it ordained by tl~e Oity Oouncil of the Oity of Dubuque:
SEc. 1. That all officers in said city who are required to qualify
by bond, before entering upon the duties of thc office to which such
person may be elected or appointed, shall present to the City Coun-
cil for their approval, a bond with at least two good and sufficient
securities, resident freeholders of said city, in such penal stun as
the City Council may by resolution fix and determine therefor,
which bond shall be conditioned that the person so elected or
pointed to such office shall faithfully perfmun the duties of the office
to which ho may be elected or appointed, that he shalI promptly
pay over all moneys which may come into his hands by virtue of
his office, to the person or officer entitled thereto; that he shall
promptly account for all balances of money remaining in his hands
at the termination of his office, and that he shall exercise ali rea-
sonable diligence and care in tho preservation of ali books, papers,
money or other proper;y belonging to said city and appertaining to
his bffico, and dellvor the same to his successor or any other person
authorized ~o d;mand aud receive the same.
SEe. 2. That all official bonds as provided in the preceding sec-
tion, shall run m the city of Dubuque, and if accepted, and securi-
ties approved by the City Council, shall bo filed in the office of tho
city recorder, and by him seem'ely kept, and in case of the breach
of any condition thereo~ such bond shall be prosecuted in the name
of the city, against the persons whose names are subscribed thereto,
or their personal representatives, before any court having jm'isdic-
Sion. and ali moneys thereon received or secured, shall be paid into
the city ;reasmT as other city money: Provided, That the bond
of the city recorder shall be deposited with and kept by the auditor.
C~APTER 5.
AN OI~DINANOE relating to City Property.
Be it ordained by the ~ity Council of the C~'ty of Dubuque:
S~o, 1. That it shall be the du y of each and every officer of
106
REVISED ORDINANCES.
this city, in possession of any moveable or personal property
belonging to the city, within ten days next after the passage of this
ordinance, co make and file with the city auditor, a full and
specific list or schedule, of all and every article or arrioles of what-
ever kind and description belonging to the city~ in his possession
or under his control, with his signature subscribed thereto: Pro-
,:tried, ~hat the list or schedule uo be made by the city auditor.
shall be filed with the city ~reasurer. and every officer hereafter
elected or appointed, shall, on entering upon the duties of his office,
file a like receipt.
S~c. 2. ~he list or schedule to ~o made ~nd flied by the recor-
der and treasurer, shall inclnde, by specific name and description,
all books of record, or account relating to tho affairs of tho city,
and all ~rinted books and ~)amphlcts. and all other pro~er*y belong-
ing to tho city, in possession of either of said officers, exclusive of
written papers on file in tho office of either of them.
SEC. 3. That after said lists or schedules are made and filed, as
hereby rcquh'ed, it shall be the duty of evmT city o~cer, as often
as he shall receive into his custody by purchase on accoun~ of tho
city, or in any other manner, any property of the city for which
he shall not have delivered a receipt to some other person lawfidly
holffing the same of and for the city, immediately to file a receip~
therefor wlththe city auditor, stating therein when, of whom. and
by what authority he obtained the same.
SEe. 4. Thai no officer having possession or control of any city
property whatsoever, shall a~ any time deliver or zransfer such
~ropemy, or any part thereof, ~o any other person, unless such per-
son is dnly authorized to take and receive tho same. and shall first
have exocuzed and delivered a specific receipt therefor.
S~o. 5. ~hat all official receipzs of any incoming officer to his
predecessor, shall be executed in duplicate one of which shall be
immediately filed with tho city auditor, and no out-going officer
shall be entitled to any allowance of nn~aid salary for thc last
month of his term of office, nor shall tho council make any such
allowance until he shall ~roduce the receipt of his successoy in
office, for all property for which such oaf-going o~cer is or may bo
accountable.
S~e. 6. ~hat if any officer of this city shall suffer any property
thereof, in his custody or under h~s control, ~o be los% or ~o be im
jured or desiroyed~ and unless he can show, to the satisfaction of
CITY OF DUBUQUE.
107
tho City Council, that such loss, injury or destruction, was occa-
sionedby circumstances beyond his control, and that he used due
diligence and care to preserve such property~ he shM1 bo required
%0 replace the same, and upon failm'e to replace and make good
such property within such time as the City Conncil may fix, tho
value thereof shall be deducted and retained out of his salary, or if
tho value thereof shall exceed the amount of his salary due, or to
become duo, he shall bo liable therefor on his official bond.
C~APTER 6.
AN OBDINANCE re define the duties of the i~Iayor of the City of Du-
buque.
Be ii ordained by the City Counci~ of the City of Dubuque:
S~o. L Tho nmyor shall be the chiot executive officer of tho
city, and shall take ca~e that the criminal Iaws of the Stat% and
the ordinances of the city are duly enforced within .the city. tie
shall fi'om ~imo to ti,mo give to tho City Council information in re-
latlon to tho afiBirs of the city, and make such recommendations as
he may deem advisable.
S~c. 2. }Is may call special sessions of the City Council at any
time, by giving each member thereof reasonable notice of such
meeting: sent personally by the marshal~ or by notice in writing
left at his usual place of residence, stating the time and place of
such meeting. A.nd ii is hereby made his duty to call a special
meeting of the council at auy time, upon written request of five
members thereof; and when the same shall have assemblcd~ he
shall state the cause for which it has been c~lled.
SEc. 3. The mayor shah have a general supervision over all
city officers, and may~ as et%eh as ho shall deem necessary~ examine
into the condition of their respective offices, the books, papers and
records therein, and the manner of conducting their business, and
may call upon any officer of the city for information in relation to
any matter pertaining to the functions of his office.
S~c. 4. The mayor shall report to tho council all violations or
neglect of duty on the part of any city officer, which shah come
to his knowledge, and when he behoves that the oily will sustain
CITY'Or rUBCQU~. 109
10S RE¥ISED, 0RDIi~AIYOES.
loss or injm, y by such violation or neglect, he may couvenc the City
Council for the pn~pose of t~ing action in re]alien lher~to.
Sro. 5. The mayor shall, on behalf of tho city, sign all con-
tracm made between tho city and any other par~y~ and it shall be
his special duty ~o see ~hat the oflmr contracting par~y faithfully
coraBlies with his or their part of tho con~rac~. ~o shall sign all
ordinances adopted by tho City Council.
SEe. 6. ~e shall be a conservator of the peace within the city,
and may call to his assistance tho police force of the city~ and if
necessary, any citizen of ~ho city to aid him ia preventing or quel-
ling any riot, or ~nlawfal assembly~ or ia preventing any breach of
the peace within ~he city. And any o~cer, or any private citizen,
who shall refuse to obey tho orders of the mayor ia the premises,
shall be fined in a sum not loss than five, nor more than one hun-
dred dollars.
CI{APTER 7.
AN On~)~o~ to define the duties of the t~ecorder of the City of
Dubuque.
Be it Ordained by the City Council of the City of .Dubuque:
SEC. 1. It shall be the duty of tho recorder of this city to at-
tend st every meeting of the City Council and to furnish tho
mayor with an abstract of all nnfinished business, lie shall keep
a correct record of theproceedings of the City Council, in a book
provided fox' that purpose, and properly index the same; shall
sue all notices of regular and special elections required to be given
by law. or in pm'suance of any resolution m' ordinance of the City
Council, and when required by the roe.yeL or in his absence by the
mayor 2re tern., shall issue to the city marshal a notice ~o thc mem-
bers of the City Council of any special meeting of tho board, lie
shall notify all committees of their appointment and of thc busi-
ness referred to them; and shall notify all inspectors and other
officers of their election, and shall, when directed by the City
Council, prepare and issue venires for opening streets and high-
ways, for assessing damages thereon, and shall perform such other
duties as are required of him by law, ordinance~ or resolutiom
SEC. 2. tie shall have the custody of all ordinances passed by
tho City Council, and shall record thc same at length in a separate
book to be kept for that pm'pose, and properly index the same; and
it shall be his special duty to see that all ordinances are promptly
and correctly published in thc official paper of the city, and such
othm' papers as may be directed by the conncil, and procure from
the publishers thereof, the proper affidavit of such publication, and
file and preserve the same in his office.
SEc. 3. lie shall rccord at length, in a separate book to be pro-
vidod for that purpose, all resolutions and orders of the City Coun-
cil, all reports of every officer~ committee and jury in relation to
the laying om or altering of any street, alley, or highway~ or in re.
latlon to the grading, paving or ~[acAdamizing thru'eof, or in rela-
tion to the grading, paving, or curbing of any side-walk; also, all
notices issued, with the return of the officer serving the same, and
the a~davit of tho printer publishing the same, of the publication
thereof, lie shall also, in the same book, and in like manner, re-
cord all proceedings had in relation to filling up or draining of any
gronnds or lo( in the city, by order of the council.
S~o. 4. lie shall keep the seal of the city, and shall duly attcst
thereby all deeds, contracts and other papers required to be attest-
ed. lie shall keep a book of deeds and contracts, and shall enter
therein correct copies of all deeds and contracts executed by, m' ip
favor of the city, except deeds for cemetery lots, of which he shall
enter in s separate book, the date, name of purchaser, nmnber of
lot and amount paid for the same; and shall properly index both
of said books.
Sr, c. 5. lie ~hall keep a register of all licenses and permits
granted by the city, noting the time when issued, the business or
purposes for which issued, tho person to whom i~sued, and thc date
of expiration of the same. lie slmil also number, file and pre-
smwe in his office, all petitions presented to the City Counci]~ and
kee]~ a com'ec'~ list thereof~ with the proper number set opposite
each.
Src. 6. lie shall draw orders on thc treasury for all money ordered
paid therefrom by thc City Council, and shall specify the fund out of
which the same is to be paid, and shall cuter the same in numerical
order in a book to kept for that parpose, but he simll not draw several
orders for smaller amounts to cancel any order fei' a larger amount.
lie shall also keep a record for all orders drawn by him on the
110
REVISED ORDIi~'AI~OES,
u'easury and specify the number, date, amount, drawer's name, up-
on what fund, and the purpose for which the same was appro-
priated.
Sro. 7. He shall also keep a book designated as a warrant book,
bound with a marFinal back, on which margin he shall keep a rec-
ord of the numbm5 date, amount, drawm"s name, upon what fund,
of all warrants he may issue by order of the City Conncil, and be-
fore delivering any warrant shall require the drawer [o receipt for
the same, and in all cases whm'o warranm are disposed Of before
being iSSued, ho shall, before delivering such warranb require a
written order for such warranb signed by the drawer, which order
shall be attached to the marginal back.
S~c. 8. Ho shall report re the City Council ar every regular
session, a correct account of all receipts for money paid into the city
treasury by any city officm' or other pm'son which may have been
filed in his office, and of all orders drawn by him on the treasury,
specifying the date. amount, drawer's name: and upon what fund
drawn, which report, when examined by the council, shall be filed
with the auditor.
Sro. 9. He shall keep all records, papers and offficial docmuents
belonging to said city, with tho ordinances, votes and proceedings of
the City Cmmcil and of the City of Dubuque, and all returns of as-
sessments and of elections for ~ity officers, and of tho appointments
of all officers for' the city, and shall, as soon as practicable after
each meeting of tho council, prepare an abstract of the business
transacted and a correct copy of all ordinances adopted, and shall
deliver them immediately to the city printer for publication, and
shall not allow any papers or documenm re bo taken from his affice
without the consent of tho council or by their direct[on.
Sro. 10. J:Ye shall keep a lis~ of ali committees and of tho busi-
ness referred to thom, and note when they roper% and tho nature of
such report. He shall procm'e all necessary books and stationery
for the use of tho City Council and city officers.
Sro. 11. Ho shall furnish re any city officer a duly certified
copy of any record, paper, or public document made or filed in his
office, when tho same shall be necessary, to said officer in the dis.
charge of his official duty; and he shall fm'nish a like copy to any
citizen when required, and he will be entitled to receive. ~o bo paid
by said citizen, the sum of fifteen cents fbr everyone hundred words
said copy shall contain.
OITY OF DUBUQUE.
111
CHAPTER 8,
A~ O~n~mb~oz to define the powers and duties of tho City Marshal.
Me it ordained by ~hc ~ity Council of the City of ~)ubuque :
S~c. 1. Tha~ it shall be ~ho du~y of the city marshal and he is
hereby authorized &nd empowered:
~irs~fligently ~o enquire in~o and roportto tho mayor, city
a~orney~ or some justice of the peace in said city, all violations of
cry ordinances, and all neglects to comply with the requirements
~hereof~ by any person or ~ersons, and to prosecute the person or
persons guHty thereof.
Second--To ascertain all suspicious or disorderly houses, or houses
of ill-fame in the city. and all persons carrying on any business in
said city without license, in all cases where license is necessary, and
to repo~ the same to the city attorney or a justice of the peace,
and ~o visit all parts of the city where disturbances or breaches of
the peace, or any violation of any ordinance, are likely to occur.
Third--To arrest and take into cnstody~ with or without any
warrant, any person of suspicious charactm5 or who shall be fonnd
in the commissmn of any violation of any law oS the State or ordi-
nance of the city, or ~rcspassing on other men's property, and to
bring such pm'son before the nmyor or some proper o~cer to be
dealt with according to law.
Fourth--To repo~ dud cause to bo abated, or removed without
the city, any nmsance found therein, or which may be reported to
him by thc proper o~cers or by any citizen. T¢ execute and
force the orders of the health o~cer in rdation to nuisances and
the removal of persons infected with contagious diseases.
Fifth--To perform such other duties as may be prescribed by
resolution or ordinance.
Sro. 2. That the marshal in the execution of his powers and
duties in arresting any person accused or suspected of crime, or in
the arresting of any person under a wan'ant, or inthe suppression of
any riot or nnlawful assembly, or m preventing the violation of
any ordinance or of any law of the State, shall have power to
quire the aid of any citizen of the city~ and any citizen who shall
refuse or neglect to obey tho summons of the marshM in this sec-
tion mentioned, shall be snbjec~ to a penalty of not less than five
dollars with costs, to be recovered on complaln~ before any court
having jurlsdictiom
119
REVISED ORDINANCES.
SEC, 3. That the city marshal or his depusy shall have charge
of the entire building known as the City liall, with the halls,
rooms, apartments and offices thereof, to act under the dii'ectlon of
the City Council, to provide such fuel and lights therefor as may
be needed, to see that all fires and lights are extinguished in and
abont the same on the night of each day on which the same may
be used, and to keep each and all of said premmes in a nea~ and
cleanly condition, suitable to the purposes ibr which they are sev-
erally used, and shah attend ali the sesmons of the City
~Ie shall also have the charge of all other buildings belonging
the city, except the engine-houses, and shall report the condition
of the same from time to time to tho City Council.
SEC. 4. Tho city marshal may, and ho is hereby authorized to
appoint one or more deputies, with the approval of the City Coun-
cil, and removable by their directiom Bat no person once rejected,
shall be again proposed for the same position for tha~ year.
S~c. 5. The city marshal shall execute all process or orders
sued to him by the mayor~ City Council, or other officer having
authority to issue the same. and make return thereof according
SEc. 6. lie shall pay monthly to the city treasury all moneys
which he may have collected under any ordinances of the ci~y~ or
upon final process for fines and penalties imposed by any court in
behalf of ~tho city, and take from the treasurer duplicate receipts
for the same, one of which he shall immediately file with the audi-
SEc. 7. tie shall keep a correct account, in a book provided for
that purpose, of all moneys which may come into his hands, frmn
whatever source as said marshal, stating fi'om whom and on what
account the stone was paid; he shall submit such book when re-
quired, to the inspection of the mayor or City Council, or any com-
mittee thereof, for their exam/nation,
SEC. 8. lie shall, on tho last Saturday in March of each year,
make a final settlement with the city treasurm5 in tho presence of
the mayor, when he shall make a written statement on oath, show-
ing a fall account of his receipts and disbursements which shall be
presented to the City Council for their approval.
SEC. 9. iffo shall attend all sessions of the 9ity court when in
operation, preserve order therein, and execute tho process and or~
dors of the same. tie shall keep safely all property found[~in tho
CITY OF DUBUQUE.
113
possession of any one arrested for crime, and deliver over th~ same
by order of the court by whom such person may be tried.
SEc. 10. lie shall notify the city attorney of all prosecutions
brought Ibr violation of any city ordinance wherein his services
may be required, beibro the same is submitted for triul; shall at-
tend all meetings of the City Council, and do the duties of ser-
geant-at-ax'ms when required.
Sr.c. 11. If the city marshal neglect or refuse to serve any pro-
cess or notice duly issued to him by any authorized ofacer of the
city, or neglect any of the duties of his said office, or shall discharge
the same in a partial or ~mproper manner, or shall make a false
turn, he shall forfeit and pay to the city, a fine of not less than ten,
nor more than one hundred dollars in each case
CliAPTER 9.
A~ OX~DINA~CE to define the duties of the Treasurer of the City of Du.
buque.
Be it Ordained by the City Council of the City of 2)ubu~ue :
S~c. 1. That the treasurer of said city shall collect, receive, and
safely keep all money due or belonging to the City of Dubuque, and
for any sum'of money so received, shall execute duplicate receipts,
one of which shall be delivered to the person fi'om whom such sum
may bo received, and the other retrained to the mtditm', lie shall
keep truc and correct accounts with each fund. of al1 receipts into
and disbursements from the city treasm, y, and shall at the close
of each month, prepare and file with the city auditor a state-
ment of the same for the month next preceding, and of the amount
of money then in the treasury, ge shall keep a record of all or-
ders paid by him, or received in payment of any dues to the
city, stating tho number and amount of the same, to whom
payable, on what fand drawn, when presented, and shall return all
such orders to the auditor to be cancelled, at the time of making
his monthly statement as aforesaid.
SEc. 2. The treasurer shall pay money fi'om the city treasury~
only upon orders drawn upon him by the city recorder, which
ders shallbe signed by tho mayor, or in his absence by the presi-
RESrISED OllD~IIq'AIgCES.
dent _pre tsm. of the City Council, attested by the recorder and
conn~ersigned by the auditor, and all orders so drawn and paid
shalI be vouchers for his disbursements, and if on presentation for
paymen~ of any order so drawn there be no money in the treas.
ury belonging to the fund ou~ of which said order is made pay-
able, he shall, if required, endorse on such order tho date of presen-
tation, and keep a record of the same.
Sro. 3. Tho ;reasurer shall be ex-officio the collector oCthe city,
and shall perform all the duties required by law or ordinance. To
be performed by tho city collector.
S~c. 4. At tho expiration of his term of office, the city u'eas-
re'er shall turn over to his successor in office, all books, papers and
moneys in his possession as ;reasnrer and collector, taking a re-
ceipt for the same, and shall make a full and final report of his do-
ings ~o the City Conncil previous to his snn'ondering his trust.
C~APTER 10.
AN OIgDINANOE tO define tho duties of the City Auditor.
Be it ordained by the Oily Council of the C'ity of ~ubuque :
Sro 1. , ~hat ~ho auditor shall be ~he general accountant of the
city~ and shall receive and preserve ia his office glI city account
books and all vouchm% docmnen~s mtd p~p~rs rola~ing $o tho
counts and contracts of the ci~y~ i~s revounc~ debt, and fiscal ~ffairs~
whether between the city and ~ny officer therco~ or between
city m~d any person or body corporate, except when such vouchers,
documents or papers are~ by ordinance, placed in the custody of
stone other o~cer.
Sec. 2. It shall be the ~aty of ~hc auditor: .
Firs~To examine, aunt and adjus~ ail claims agains~ the ei~y,
for tho p~yment of which any money may be drawn out of the
treasury and ~o certify ~o ~he city council the balance or true
of such aceonn~s, claims or demands.
Second--To keep in proper books in a correc~ and legible form,
in double catty, tho accounts between the city and all officem~
sons~ or bodies corporate~ who may have ghe collection or receipt of
any money for the city.
c~'Y or DU~U~tr~. 115
Third--To countersign and keep a register of all warrants drawn
on the ;reasur:~, speqifylng the date. number and amount, the name
of tile person ;o whom, and out of what fund, payable.
Fourth--To deliver to the persons entitled to receive the same,
ali warrants drawn on tho ;reasury, when called for, taking receipts
therefor, and charging the same. when deli~cred, to the proper ac-
Fifth--To keel~ an account of all debts due to or t~om the city,
and a bill book into which he shall eh;er M1 bonds, notes and other
obligations given by or payable to the city, with the names of the
person or persons by or *o whmn, the time when, and the place
whore, the principal and interesi are payable~ with the rate of in-
Sixth--To keep in proper books, the accounts between thc city
and tho city ;reasurm5 chal'ging him with all moneys received into
tho ~reasury, specifying the source from which said moneys have
been received, and crediting him wi~h all warrants drawn on the
treasury and paid by him.
Sro. 3. The auditor shall keep separate accounts with the dif-
ferent funds in the u'easury, and of any revenue which may be set
apart and appropriated for ally particular object by law, ordinance
or resolution of tho City Council.
Sr~o. 4. Whenever, upon tho adjustment of any account, a sum
of money shall be found by the auditor to be due to thc city from
any city offlcor, and the same shall not be paid into the city treasury
within ten days after the adjustment of' the account, the auditor
shall certify the amount due, to the City Commil at its ~ext rimer-
ina thereafter, lie shall, when required, lhrnish the City Council
with copies or abstracts of any books, accounts, records, vouchers,
or documents ill his office, or any information in relation to any.
thing pertaining to his office, or to lhe revenue of the city, and
shall at all times permit any member of thc council ~o cxamilm tt,e
books, papers, or documents in his office.
S~c. 5. The auditor shall see that ail officers baying the colIec-
tion or receipt of money for the city, shall make report and pay-
mcnt of the same, at thc time req~fired by ordinande, or when not
so required, within a reasonable time, and on failure of any officer
to make such report and payment, the auditor shall notify the
council at their next regular meeting thereafter, lie shall make
116
REVISED ORDINANOES.
and present to the City Council semi-annual reports, in proper
form fox' publication, of all receipts and expenditures of money be.
longing to the city for the six months preceding the date of such
reports, ending with the month of February 9nd August in each
year.
S~n 6. tie shall be in attendance at his olHce for business, frets
the hour of 9 A. I~L, to 12 i~., and from 2 to 4 P. ~[., of each seen~
lap day, legal holidays excepted.
CtIAPTi~R 11.
AN OmDINANOE to define the duties of City Attorney.
Me it ordained bythe City Council of the City of 1)ubugue :
S~c. 1. That it shall be tho duty of tho city attorney:
First--To prosecute and defend ~11 suits and actions to be brought
or pending' in ~ny court in this State to which thc city is ~ p~rty,
or in which, in the opinion of the cmmcil, the interests of the city
are bro~glfl in controversy, or in which ~he o~cml' acts ot~ any of
its officers, servants, or agents are involved.
Second~o advise tho City Council: or their commlt~ces, or any
oily o~cer, on such legal questions ~s may ~riso in relation to tho
business of ~he ci~y, and when required, by ~ho council shall give
his opinion in writing.
Third~e shMl keep a book or flockel, in which he shall enter
an abs~rac~ of all suns in which the city is a p~rty, commenced or
pending, s~ating the names of parties, when brought~ and in wha~
court, nature of action, nmnes of witnesses, wha~ steps have been
taken, and whai are necessary to bo taken, before the trial or next
term of tho corn% and all other fac~s and particulars which may bo
necessary to enable his successor ~o manage the ease undersmnd-
ingly~ which book or docke~ shall be the property of ~he city, and
at the expiration of his tcmn of o~ce shall be delivered to his s~c-
cosset, or any o~hm' person legally authorized to dcznaud m' receive
tho same, ~ogeiher with all o~her books and papers which may be
in his possession in his o~cial capacity.
~ourth~e shall pmTorm all oiher services iu the line of his
protbssion, connected with the business of the ci~y~ not bm'sin onu-
CITY OF DUBUQUE.
117
metered, and shallin M1 cases be subject to the direction of the
City Council.
Fiftli--Ite shall report ~o the City Council at the first regular
m.oeting in l~arch in each year. an abstract of all cases in which he
has been engaged in behalf of the city, since his election or ap-
pointment, with the result or condition of the same.
SEC. 2. ]No pm'son shall be eligible to the office of city attorney
unless he shall have b6en licensed to practice in any of thc courts
of this State for at least one year previous to his election.
C~APTER 12.
AN ORDINANCE ~0 provide for the appointment of a City :Engineer
for the City of Dubuque, and to define his duties.
~e it ordained by the City Council of the City of Dubuque:
S~c. 1. That whenever they shall deem it expedient~ the City
Council shah appoint some suitable person ss city engineer for tho
City of Dubuque, who. before he enuers upon the dischm'ge of tho
duties of his office, shall take the oath prescribed by law, and give
bond. aud who shall hold his office for the term of one year, and
until his successor shall be duly appointed and qualified: Provided,
That such term of office shall not continue after the annual city
election in any year, and such office may b( discontinued at any
time, by vote of the City Council.
SEC. 2. That it shall be the duty of thc city engineer, at any
time when required by the City Council. to survey and plat, and
make as accurate an estimate as practicable, of any improvement
in tho streets, alleys and highways, of said city, contmnplated or
proposed by said council, and in malting such survey~ the said on-
gutter shall designate by suitable marks and stakes placed in the
ground, the situation and character of such improvement, as snr.
voyod and estimated by him. so that the stone may be examined
by anyperson desiring to contract for doing the santo.
SEC. 3. That whenever required by the Oily Council, the city
engineer shall survey and plat any street, or ],ighway~ contempla-
ted to be opened in said city, and shall rcinrn the same to thc Ci~y
Council. accompanied by such no;es and c~planations as shall pre-
118
REVISED ORDIIq'ANCES,
sent a clear description of the route of such contemplated street,
or highway, with a designation thereon of the lands, or lots. through
which the seine will pass. and the proprietor or owner of each
par15 or parcel thereof, with the amoun15 of land proposed to bo
taken from each.
Sro. 4. That the said engtneer shall, as soon as practicable, as.
certain and designate upon suitable plats thereof, to be by him pre-
pared, tho grade of' each street or alley, hereafter opened in said
city, and shall Mso designam ~he same by some suitable post or
mark, fixed a; each crossing, or on SOlllO permanent monumenb
near there;o, and shall repm't ~hc same ;o the City Council for their
consideration, and in case ~he council shall malts any change in
the grade of any street or alloy, the engineer shall designate such
change upon ~he ~nonumen; by him placed or designated, as afore-
said.
S~c. 5. When required by any person or persons so ;o dc, the
city eng4neer shall, fix and de*ermine according *o the plat of said
city, the corners of each lei within ~he same wkere the grade of
the s;reeg has been fixed and osmblished, and go fix a stake at each
'corner on the fi'on; and rear of said lo~. marking thereon the nmn-
bet of feeg or inehe~ ~he ;eps of such stakes are above or below
the grade, and he shall receive for each lo; so by him surveyed and
marked, the sum of ~wo dollars, ;o bo paid by ;he person or per-
sons applying m him.
8~0. 6. ~hat it shall be the dn~y of such engineer ~o ~ake charge
of M1 tho books, plats and surveys of s~ree;s, alleys mid grades be-
longing to ghe city, and safely keep tim same, aha on no occasion
permit tim same to pass out of his possession, except upon order
of ~he City Council.
CtIAPT]MR 13.
AI~ OF~Di[B[AlgCr 150 provide for the appointment of a Street Commis-
sioner, and to define his duties.
Be it orda6zed by the ~#y Council of the City of 2)ubu~ue :
S~c. 1. That whenever they shall deem it expedient, the City
Council shall appoin~ a suitable person street commissmner for the
OITY OF DUBUQUE.
119
city, whose powers and duties shall be such as are defined by this
ordinance, or as may be prescribed by the City Council, and who
shall hold his office for tho term of one year, unduntil his successor
shall be duly appointed and qualified; 2rov~dsd, That such term
of office shall no15 continue after thc annual city election in any
year, and such office may be discontinued at any time by a vote of
the City Councih
Src. 2. That it shall be the duty of the street cmnmissioner to
take charge of all the stx, eets, alleys and highways in the city, and
to superintend all work being done thereon, whether under contract
or otherwise, lie shall also from time to time report to the City
Council, for their action, the condition of tho streets, alleys and
highways, and whenever in his jndgment~ any action of the council
is necessary in relation thereto, he shall so report w~th a sugges-
tion of what action he considers proper, with an estimate of the
expense necessary ;o be incum'ed in can'ying out the same.
Sro. 3. That whenever required hy the City Council hc shall,
in connection with the city engineer, carefully examine and report
to the City Council, a plan and estimate as nearly accurate us prac-
ticable, of any con15emplated improvement or altcration~ in uny
s15roeh alley or highway, in said city; and whenever any such im-
provement is in progress, it sh~II be the duty of the street commis-
sioner, a15 least once in each month, to report in writing, to tbs City
Council, the progress and condition of' such improvement, and
faithfully 15o observe and report whether any breach is made of the
terms of any contract in pursuance of which any such improve-
mom; or work may be in progress, and no work done under any
contract shall be finally paid for, m' the contractor released, until
the same shall be reported complete by the street commissioner.
S~c. 4. That it shall aisc be the duty of the street commlssim,er
to scs that all ordinances in relation to the streets of the city are
properly enforced: and he is authorized and requlred~ at ail proper
times to take such measures as may be necessary to preserve and
keep in order, and free fi'om tilth and all nuisanccs~ the streets and
highways of the city.
S~c, 5. The street commissioner shall be a pcaee officer in and
for the city, and shall have power to arrest with or without war-
rant, any pm'son whom he shall find engaged in the violation of
any ordinance of tho city.
120
REVISED ORDiNaNCES.
C~APTER 14.
AN OI~DIZ~ANOE to provide for the election of a (~ity Assessor.
YJc it Ordained by the City Council of the City of 1)ubuque :
Sro. 1. That there shall bo elected at the annual city election
in each year, an assessor, who shall be a qualified voter of tho city~
and shah take and subscribe an oath~ and give bond~ as required of
other city officers, and when so qualified, shall immediately enter
upon the duties of his office as provided by ordinance.
15.
AN O~a~IN~,~eF. in relation to the public landing and to regulate
Wharfage.
Bs it ordained by tlw City Council of the City of Dubuque:
SEc. 1. Thai the City Cmmcii may, whenever they shall deem
it expsdiont~ appoint a harbor mastor~ who shall remain in office
during the pleasure of thc council, but not to exceed one year. un-
less re-appointed. ~o shall have power to acs as s police officer,
and to arrest without warrenb any person whom he shall find vio-
lating any of the ordinances of the city. It shall bc his duty to
superintend tho public landing, and to cause ail the provisions of
any ordinances in relation thereto to be enforced.
SEc. 2. Tha~ it shall be ~he duty of the harbor master to col-
lect from all boats and rafts: such rates of wharfage as may be
fixed by ordinance, to lreel~ a true and correct account of the same,
and to pay tho ammmt into the city treasury once in each month.
J~o shall assign places for all boats and rafts, and for ali fi'eight
landed, and shall possess all requisite authority ~o cause the same
to be removed to the places assigned: Provided, That no boat or
raft shall be compelled to leave any place while discharging or re-
ceiving freight, unless a landing at such piece shall be prohibited
by ordinance, or another landing shall have been previously desig-
nated by the harbor master.
SEc. 3. That the portion of tho public qanding south of First
street is hereby exclusively appropriated as a ~teamboat landing,
and no raft or boat, excepting steamboats and barges: shall land
(~IT¥ OF DUBUQUE.
121
thereat: Provided. That the harbor master may allow other boats
and rafts to land freight at any point whereby tho convenience of
the owners will be prmnoted, if tho landing of steamboats and
their barges will not. in his opinion, be interfered with in any man-
ncr by such landing.
SEc. 4. There shall be collected front each steamboat which
shall land at or in front of. and within one hundred feet from
tho public landing, the sum of two cents wharfage for each ton
burden of such stcamboak United States government tonnage, for
each landing made by such boat; _Provided, That more than one
landing within tho term of twenty-four hours fi'om the time of ax'-
rival, shall not subject any boat to additional wharfagel and fi'om
any steamboat rmnmning a~ the landing fox' a time exceeding
twenty-four hours, there she11 be collected wharfage at one half
the above rate for each day of twenty-four hours, during which
such boa; shall so remain, after the day of her arrival.
SEe. 5. That any steamboat bound for any port above ]Du-
buque, which shall land or anchor as aforesaid, shall, on payment
of wharI~age at the rate of two cents per ton, be allowed to land on
her return free of ~vharfags; for tho first twenty-fern'
or a less time, (luring which such boat may remain at the public
landing.
S~c. 6. That all persons who shallland or place upon thc levee,
or banks of the 3[ississippi nver~ or any of the sloughs or chan-
nels thereo£ within the city limits, any sawed or manufactured
lumber of any kind, shall pay to thc city, wharfage on thc same at
tho following rates, viz: on boards, plank, joist, studding, pickets
and dimension lumber, and all similar lmnber, ten cents per thou-
sand feet, computing the same at board measure; on all shingles
and lath, five cents per thousand: on sqqare timber, four cents per
thousand feet: Provided. That this ordinance shall not apply to
rafts.stopping at tho levee to obtain supplies, or for other like pur-
poses, anti which are nor, sold or offered mr sale in whole or in
par~.
Sro. 7. 1~o wharfage shall be collected of an~ boat or barge
fi'om which shall be landed any article subje5t to wharfage by thc
preceding section, except as therein specified: Provided, That any
boat or barge landing any other fi'sighh shall be subject to the
customary rate of wharfage.
REVISED 0RDI~ANOES.
Sro. 8. There shall be collected on all wood lauded upon the
public landing, wharfhge ae the rate of two cents per cord. No
wood shall be permitted to rcmam upon the landing for a longer
time than threc days, without consent of the harbor master, and
any wood which shall renmin upon the public landing for a longer
ii,ne than three days after the harbor master.shall have given no-
tice to the owner or person having charge of such wood ';o remove
thesame, shah be subjecs ;o wharfage at the rate herein provided
for, each three days that tho same shall so remain.
S~c. 9. If any person, commanding any steamboat, water ora2t,
or raft, or having in charge any lumber m' wood. liable to pay
wharfage to tho city shall laud the same within the limits of the
oily, a~d neglect or refuse to pay tho wharfage above specified, on
demand being made therefor by- the harbor mas;er, he shgll be
deemed guilty of a mlsdcmcanol5 and upon convicti6n thereo~, be-
fore anyjustiec of the peace, or other court, shall be fined not less
than five, nor moro than one hundred dollars.
S~c. 10. If any person slmll resist, or in any rammer aid or
abet in resisting the harbor master while in the discharge of his
dufies~ or shall ncglec~ or refuse to obey any lawful re'der given by
him in the discharge thereof, ho shall be guilty of a misdemeanor.
and on conviction thcreof~ shall be fined no; less than fi~e. nor
more than one hundred dollm's.
AN ORDINANCE t0 provide for regulating Weights and Measures.
Be it ordained by the City Council of the City of ~Dubuque :
S~e. 1. That the Oi~y Council shall appoint in each year an inspec-
tor of weights and measures, and shall provide correct and appro-
priate standards fo}~ the purpose of testing and proving all weights,
measures, scales, beams, steel yards, and other weighing inatru-
meats.which said star. dards shall confbrm to the standards of tho
state and coun;y, as established by law.
S~c. 2. That every person engaged in the buying or selling of
goods, wares or merchandise, using weights, measures, scales, beams,
steel yards Or ~ther weighing instruments, m weighing or me~s~
CITY OF DUBUQUE.
123
unng any arucle intended to be purchased or sold in this elty~ shall
cause such weights, measures, scales, beams, sics1 yards or other
weighing instruments. ~c be sealed and marked by the inspector
and sealer of weights and mcasurcs ibp said city, and if any person
shall usc any weights~ measures, scale, beam~ steel yard or other
weighing instruments for weighing or measuring any article for
purchase or sale in said city~ no[ so scaled or ~narked as aforesaid~
or shall use in buying or selling any false weights, measures, scales,
beams, steel yards, or other weighing ox' measuring instruments,
whether the same shall have been inspected and ~ealed as aforesaid,
or no;, he shall forfeit the penalty of nee less than ave dollars, nor
more than fifty dollars for each offence.
S~c. 3. That ii shall bo the duty of said inspectm' and semen to
mark and sell all weights and measures, scales, beams, steel yards
and other weighing instrmneues, which he shall find to conform,
or which shall be so adjusted as so conform to thc established
standards.
S~c. 4. That it shall bo the duty of said inspector and sealer,
and he is hereby authorized to inspect and examine at Ieast once in
each year~ mad as much oftener as he may think proper, all weights,
measures, scales, beams, steel yin'ds and other weighing instrn-
menss used in said city, for measuring and weighing as aforesaid,
and if any person shall refuse to exMbR such weights, measures,
scales, beams, steel yards or othcr weighing instruments to the said
inspector and scale~, fox' thc purpose of examination and inspection
as aibrcsaid, such person shall forfeit the penalty of five dollars for
each offence, and it a~ypcrson shallobstructthcsaidinspector and
sealer iu the performance of the duties hereby imposed npon him,
such person shall forfeit thc penalty of ten dollars for every such
offence.
Sr, c. 5. That the inspector of wmghts andmcasures shallbe en-
titled to receive as fees for inspecting, regulating and sealing
weights and measures, from the persons owning and using the
same, the following sums, viz: for platform scales with weights
belonging thereto, fiftyccntseach: fhr counter scales with weights,
;wen;y~five cents each: fbr beam scales for ~:eighing 1000 pounds
and upwards, fifty cents each ibp smaller dcno~ninations, twenty-
five cents each: for weights single, five cents, b'at not to exceed
bushel or Mit bushel, ~ea col~te: smaller dotlo;~t'~a~i0a~, five cent~
REVISED ORDINkI~CES.
each: for wine measures, three gallons and upwards, ten cents;
smaller denominations, five cents each; for each yard measure, five
cents. But it shall not be lawful fur the inspeqtor to collect or re-
ce~ve the uforcsaid charges for inspecting and e×amimng weights,
measures, scales, beams, steel yards and other weighing instru.
men;s, more than once ~n each year, from the same person for the
sams instrument, unless not found conformable to the standard.
Sro. 6. That it shall be the duty of smd inspector and sealer to
make a regular register of all the inspections and examinations, m
which he shall stare the names of the persons ~br whom such in-
spections and examinations were made, and whether the weights,
measures, &o., conformed to the standards, and it shall also be his
duty to report to the City Council the names of all persons whoso
weights, measures, scales, beams, steel yards and other measuring
instruments ~re not eon'cc;, and ;o deliver a copy of his said regis-
;ex' ;o the recorder.
C~APTE~ 17.
AN OlgDINANOE to establish and regulate Markets.
2~s it Ordained by the Oity Council of the City of ~Dubuque :
Sgc. 2[. Tha~ the building on the corner of 2~ain nnd
stroeh known as tho First .Ward l~arkst, and tho building on Thir-
teenth, between Clay and Iowa sires;s, known as the Central
ke~, with as much of the streets adjacen~ thereto, as may be neces-
sary for the purpose, are hereby established as public markets, and
shall bo kept as such under the direction of such persons as the City
Council may appoint~ to perform the duties of market masters for
such markets, respectively.
S~C. 2. Therents of stalls in either of the nmrkets of thc city,
shall be fixed by the City Council i~n each year, prior to tho first
day of }[ay, or whenever such stalls may become vacant. Tho
choice of stalls at the rent fixed by tho council, shall bo offered for
sal6 on the promises~by the market mas~er, or citymarshal, onthe
firs~ day of k~ay in each year, (or on theaecond day if the first day
shall be Sunday~) at an hour between 9 o'clock A. 1~. and 4 o'clock
P.~.i 27rov~dat~ ,~hat tho lessee of any ~all h~ve.tho privilege of
CITY O~~ DU~BUQU~.
125
leasing the same for another year. at the rent fixed by the council.
The sale may be adjourned, for good cause, not longer than one
week. The highest bidder for any stall shall be entitled to a lease
of such stall for the term of one year, on payment to the treasurer
of the rent and premium, in cash. unless the City Council shall
direct the same re be received in scrip. Leases, signed by the
mayor and recorder shall be issued to persons entitled thereto. If
any stall shall nor be leased ar the regular sale, or shall at any time
become vacant, the commil may appoint a day for leasing such stall
in the manner herein provided.
Src. 3. The market masters shall exercise general care and su-
pervision over thc market houses and grounds, shall assign places
to all wagons and dealers, and shall preserve order during market
hours. They shall see thug the markets are properly cleaned, and
~hat all dirt~ or offensive mat;er of any kind, is removed at the
close of each market day, and ~ha~ the markets arc opened and
closed at %he hours fixed by the council. It shal~ be their duty to
see that all ordinances in relation to markets are strictly enforced.
The~ shall cause all unsound or diseased mea~s, or other articles
offered or exposed for sale in market, to beseized and destroyed, or
so disposed of as not to be used for food. They shalI cause all
ticles of less weight than represented by ~h~ sellsL which shall be
offered or exposed for sale wiLh intent to defraud, to be seized and
sold. and tho proceeds thereof paid in~o ~he city treasury.
S~c. 4. The markets shall be open daily (Sundays excepLcd)
daring such hours as ~he City Council shall, by rcsolu~ion, fi-om
time to ~ime, determine. ~o provisions or other articles shall be
sold in said ~narkets except during market hours.
Sro. 5. ~o person ~fter having purchased in marko~ any meat,
poultry, game. fish. bu~er, eggs, fruit, vegetables or other articles,
shall sell or offer for sMe the same in any market place in the city.
~o person attending market for the purpose of selling shall pur-
chase any article sold in the market as agent for any o~her person.
~o person shall sell or give away in market any spirituous or fer-
nmnted liqnors.
Sec. 6. No person shall sell, or expos% or offer for sale, at any
place in the city, any tainted, putrid, blown, plated, raised or un-
sound mea~. fish. eggs, poultry or other article of food. No person
shall offer for ~ale o~ea~ with their ~b~ ti~d~ at any rla~ ~
city.
126
REVISED ORDINANCES,
Sro. 7. No person not having lawful business in marker shall
idly sit, walk. lounge orlie in or about the market place, nor shall
tho smoking of tobacco be allowed therein, during markst hours.
No dog, slut or other offensive animal shall be permitted in the
market house at any time, nor shall any person bring or sufibr ;o
como into or upon a market place during market hours any unruly
or dangerous auimal of any kind.
SEe. 8. :No person shall by himself or agent, sell or expose for
sale ac any place in the city-, other than the established, markets,
any fresh meat, peultlT or fish, under a penalty of not less than
five or more than ten dollars for each offence: 2?rovided. That the
above named articles may be sold in any part of the 9ity under
a license issued by order of the City Council. And anyperson desi-
ring such license, shall make written application ~;o the City Council
therefor, stating the place where his business is to be carried on,
and tho articles which he proposes to sell. If' the council grant
such application, they shall fix the amount co be taxed for such
license, and the recorder shall, upon the production of the treas-
urer's receipt for the amount so fixed, issue to such person a license
for the purpose specified.
Sro. 9. Whenever the words "in market" are used in this ordi-
nance, they shall be understood to refer to the markets of the city
as established by ordinance for the sale of moa; and vegetables.
Sro. 10. :No person shall sell. or offer or expose for sale, upon
any of the streets of thc city not included in tho market places,
established by ordinance ftr tho sale of such articles, any moat,
poultry, fish~ game, butter, eggs, fruit or vegetables of any kind.
Sro. 11. Any person who shall cmnmit any act or offence pro-
hibited in this ordinance, for which a penalty is no~ otherwise
herein proyided, shall forfeit and pay upon convicfion~ anne of not
less than one doilar, with costs of prosecution.
Sr~c. 1.2. :No person shall buy~ for tho pur~oss of selling again,
any fresh meat, fish, poultry, butter, 'eggs, vegetables, or fi'nit of'
any kind, either in market or at any other place in the city, a.ftcr
5 o'clock P. M., or before 9 o'clock A. ~., of any market day; and
any person so offending, shall forfeit and pay upon conviction, a fine
of not less than five dollars, nor moro than twenty dollars fox' each
offence, with costs of prosecution.
8~o. 13. Any person who shM1 use or occupy any st~ll'in ri~er
CITY OF DUBUQUE.
127
of the markets of the city, for tho purpose of selling meat, poultw,
fish. or any other article of provision, without authority expressed
iix a leas% as provided in section 2 of this ordinance~ shall be sub-
ject to a penalty of no; tess than five nor more than twenty dollars
for each day that such stall shall be used for the purpose aforesaid.
CHAPTER 18.
AN OaDtNANOE to establish l:Iay, Wood and Grain Markets.
Be it Ordained by the City Council of the City of Dubuque:
Sro. ! That Thirteenth street, between Clay andWhite streets,
is hereby se~ apart and established as a hay market~ and that Sev-
enth streeL between Iowa and Clay ssrcets, with Clay street, be-
tween Seventh and ]]ighth streets, arc hereby set apart and estab~
lished as a wood markoi for tho city.
Sro. 2. That no person having charge of any hay or wood team
shall allow the same to stand upon or occupy any other streefs or
grounds, while waiting co sell their loads, than thc places hereby
established as hay and wood markets, respectively, and it shall be
tho duty of such persons to place their teams on each side of said
streets, so as to lcnve tho center of tho same open for travel. Any
person who shall offend against the foregoing provisions of this
ordinance.shal! be subject to a fine of not less than one dellab with
costs o£ prosecution.
Sro. 3. That ~aiu strect~ between first and Jones streets~ on both
sides of the First Ward market house, including said market hens%
so long as the council shall permit the sams to he used for that
purpose; and %~irst street between Main and Locust streets; and
near tho hay scales a~ West ])ubnqnc; and Eighteenth street be~
twcen Coulcr Avenue and White 'street; are hereby set apart aud
established as a grain and pork markct~ and that any person who
shall purchase for the purpose of selling again~ any porlq or any
grain of any descrlptlon, brought into the city on any wagon or
sled, in any part of the city th~n at the market hereby established,
shall bo subject to a penalty of not less than five dolla~s~ with
costs of prosecution.
~o. 4. The public weigher and his deputies appointed under
128
RESrI~ED ORDINA:N~ES.
the provisions of "An Ordinance to regulate the weighing ,of dress-
ed hogs," shall also be the weighers of grain, and shalLweigh any
grain offered to he weighed on their scales, and shall, receive there-
for, fi'mn ;he owners or persons offering such grain to bo weighed,
the sum of fifteen cents for each draught.
Sro. 5. The sealer of weights and. nmasures shall examine and
regulate such scales, when reqnested by the weigher, without
charge. And any person who shall wilfully injure such scales, or
shall, with intent to defraud, change or alter any part of the same,
or any of tho weights belonging thereto, shall be snbjec~ to a fine
of not less than'twenty dollars, with easts of prosecution.
19.
AN ORDINANCE ~o regulate the Weighing of Dressed Hugs.
Be it ordained by,he C~ty Council of the Ct'ty of ~ubuque :
Sro. 1. The City Conncil shall appoint in each year. a public
weigher, who shall be authorized by this ordinance to employ the
necessary 'number of deputies, all of whom shall be approved by
tho City Canncil. Said weigher shall provide himself with the
necessary scales mid p]atibrms, and au a convenient locality, or
localities, as may be designated and approved by the City Council,
and such person, or persons so appointed, shall weigh ail dressed
hogs sold within tho limits of the City o£ Dubuque, and said
weigher, or weighers, shall recmve a compensation therefor, for
throe hogs, or less than three, teD cents each; for loads of more
than three, five cents each. On each hog so weighed, said weigher
shall mark distinctly the weight, and shall furnish the Seller with
a certificate of all hogs weighed, on which each separate weight
shall be marked, and in ail eases the seller shall pay for weighing,
as above.
SI~c. 2. _All persons selling dressed hogsintho City of Dtlbuque~
shall have them weighed, as above provided.
Sro. 3. Any pm'son selling or buying any dressed hog, or hogs~
without having them Weighed as provided for ih this ordinance,
shall be subject to a fine of not less than five dollars, no~ mere
0IT~OF, DUBUQUE,
129
than twenty dollars for each offence, and in addition therct% all
costs that may accrue in ~ho enforcement of collection.
Sro. 4. Ali fines shall be collected as by law provided, and wtmn
so collected, shall be paid over a; once. by the court having jaris-
di6tion, to the treasurer of the city.
S~c. 5. 1~o person shall be eligible to the offide of weigher as
provided for in this ordinance, who shall be in any way, dlrcctly,
or indirectly~ interested in the purchase and sale of dressed hogs.
S~c; 6 This ordinance shall be operative only fi'mn Xovcmber
1st, in ea¢~ ~ear, ;o the 15th day of ~arch. in the following year.
S~c. 7 ~his ordinance shall take effect from and after igor.
1st, 1868, an~-shali be published in the Dubuque tferald, and also
tho Dubuque Ti~¢a '~okrat~ and Staats Zeitung.
20.
A~ O~DX~A~CE regulating the use of Public ScoAes.
2s it ordained by the City Council of the City cf ~ubuque :
Sec. 1. Tha~ ~here shait be appointed by thc C~ty .Council, as
soon as practicabl% after ~he anneal election in each year, weighers
o~ hay ~or said city, and who shall have charge of ;he public hay
sca~cs in said city, and who shall be qualified according to law, and
give bond. and who shah hold their office until their successors are
appointed and qualified.
S~c. 2. That any pm-son selling, or offering to sell, within the
limits of the city, any hay ;o bo consumed therein, shall cause the
same m bo weighed, and obtain a certificate of the weight thereof'
from the weigher.
Sec. 3. No p ~rson who shall have had any hay weighed as
aforesaid, shall diminish the weight thereof, or in any way falsity
the certificate of the weig4mr, or shall suffer the same to be done,
with intent to deceive.
Sro. 4. That it shall be tho duty of each weigher, either by
himself or some deputy by him appointed, for whose acts he sh;fll
be responsible. ;o b~ in readiness at all times al some convenient
place to be by him designated, to attend to the hasincss of weighing
ha~ as provided in this ordinance. And he shall keep ihs pnb]h.
city or DUBVqU~. 131
130
REVISED ORDINANCES.
hay scales in good order and repair, and shall cause tho accuracy
thereof to be tested from time to time, whenever the City Council
may require, or whenever the same may have become maccurato
from any cause.
Sro. 5. ~hat the said weigher shall attend to the weighing of
hay~ cattle, hogsl or whatever else may bo offered to bo weighedon
smd scales, and shall be entitled so receive lycra tho person procu-
ring the same lobe weighed. ~he sum often cents for each draught,
and shall not knowingly g~ve any false certificate of such weighing.
~hey shall keep accurate accounts of all articles weighed, on said
scales; the number of draughts and the fees ~herefor received, and
shall, once in every month, render ~n accoun~ thereof to the City
Council and at the time of such accounting~ pay to the city ~reas-
urer~ al~ money received for weighing on said scales, not previously
accounted for.
Sro. 6. ~hat the market master of the central m~rket shall, a~
any time dm'ing market hours, attend, if required, to weighing
upon the platform scale provided for use at said market, any
poultry, or other article of provisions~ m' ~ny article usually sold
by weight in said market.
S~o. 7. All persons are hereby prohibited ~rom charging or
recelvmg any fee or reward for weighing any of the articles, the
weighing of which is provided for in the foregoing section, excep~
tha~ the market master for weighing as therein provided, shall be
enticed to receive from the owner of the articles weighed, the sum
often cents for each draught.
S~c. 8. ~he market mas~er shall, at tho close of each month,
repor~ ~o the council, stating the amoun~ of money received by
him under this ordinance, during the ~hree months immediately
preceding, and shall pay in~o the treasury the amoun~ so received.
Sro. 9. Any person wflfuHy disregardin~ or v~olating this ordk
nance, m' any par~ of fl~e s~me, shall be subject to a penalty of not
less th~n one, or more than five dollars ~or each offence.
GltAPTER 21.
AN OUDIi~.NGI~ providing for the appointment of ~ Inspector of
wood, and regulating the sale of wood for fu~l in the City of
buque.
~e ~t Ordained by ~he City Council ~ the Oi~y of ~ubu~ue :
Sro. 1. Tho City Council shall appoin~ in each year, ~ city in-
spector of wood, who shall remain in o~oo du~ng the ple%ure of
tho council, andwhose duty it shall bo to enforce the provisions of
this ordinance, and such amendments thereto ns may fi'om time
~o sims bo made.
8~c. 2. All wood sold for fuel in the City of Dubuque, shall here-
after bo sold by the cord, or part thereof, and tho cord mentioned
in this ordinance shall consist of one hundred and twenty-eight
cubic feet, well and compactly stowed, and with reasonable allow-
ance fox' crooked and uneven wood.
Sro. 3. All persons bringing wood into tho City of Dubuque,
and offering the same fox' sale upon the levee, or banks of the ~is-
sissippi river, or any of the sloughs m' channels thereof within tim
city limits, shall, when ;he same is placed upon the banks or levee,
so pile saidwocd, that a space of at least one foot shall intervene
between tho ranks thereof, and each rank thereof shall be so piled
as to clearly show ~hc kind and quality of wood in such rank; and
to that cfid all limbs and crooked sticks shall be placed upon tho
top of tho ranks: or in a separate rank by themselves; and tho o~her
wood shall be piled bark up, and as compactly as posslble.
S~c. 4. No person, other than a liconsedwood dealer, shall sell,
or efta' to sell any wood for fuel, upon the banks ox' levees of tho
1gississippi river, or.of the sloughs or inner channels thereof with-
in the limits of tho city, uutil said wood has been inspected and
passed by tho inspector as hersin provided fox'; and any person
violating tho provisions of this section, shall bo Hable to a ~nc of
not less than ton, nor more than fifty dollars for each offence.
Sro. 5. It shall bo the duty of the inspector of wood, to oversee
the piling and ranking of all wood for fuel brought to tho City of
Dubuque, and piled and ranked upon tho levee or banks of the
sissippi river, m' of tho sloughs or inner channels thereof, and to
cause the same so bo piled as heraln provided fox'; and when piled,
~o inspect and measure tho same. If any wood is not piled as bm'e-
in provlded for, he shall notify the owner or persons having the
same in charge, to repile the same as herein provided for, and in.
case ;he owner or person in charge ;hereof fails to do so within a
reasonable time, tho inspector shall refuse to pass said wood, and
shall mark the same as rejected. AI~ womt properly piled and
ranked shall bo measured by the inspector, who shall g4ve a cer-
tificate of such measurement to the owner of tho wood, or person
having the same in charge, setting forth the dimensions each way
of tho rank so measured, and stating the number of feet in length,
city or Dc~qvr. 133
13~ REVISED ORDINANCES.
of such rank required to make up a cord of one hundred and. twen-
ty-eight cubic feet, and tho measuremon~ so made by the inspec-
tor shalI bo binding and conclumvo upon both buyer and. seller. A
duplicate of tho above certificate shall bo attached by the inspector
to each rank of wood by him inspected agd passed, rfhe inspec-
tor sh~ll prepare {he proper blanks for such certificate.
Sro. 6. ~he inspector of wood. shall not bus5 sell. o~ in
manner deal i~ wood, either for himself or others, save and except
to pm'chase wood for fuel for his own use; nm' shall he be inter-
ostod, either dlreetly or inffiroctl~ in ~Im purchasing or selling of
wood, nor in ~he profits to bo derived therefrom: nor shall he m
any manner, aid or assist iu {ho making of sales, or purchase o1'
wood.
S~o. 7. Tho fees of tho inspector for {ho sm'vinos rendered by
him in inspecting an~.measu~ing wood, shall bo as follows:
cord ~herein .................................................................. 5
For every lot of twonty~ up to flfgy~ gor each cord therein 4
rot every lot offift7~ or over. for each cord therein ......... jjj~2Y a."
Sro. 8. 2e~sons en~aged in ~he business of buying ~nd selling
wood for feel, within tho limits of~ho City of ~abuquo~ m'o for tho
purpose ofghls office dosigna~e~ wood de~lers. ~o perso~shall bo
engaged in such business m ~ho City of ~ubuque, artless duly
thori~ed by a license signed by ~ho mayor, and attested by tho
corder; and such llcenso shall be procured and issued by tho
corder ~o such persons as ~pply ~herefor, who shgI1 produce ~ho
ceipt of tho treasurer o~ ~he city for [~o sum of twenty-ire dol-
lars paid ~o him for such license by the applicant, and such license
shall expko on {he last day of ~arch next succeeding the
tlmre0fi and soone~, if~he holdo~ ~heroof be convicted of a viola-
tion of section 11 of this ordinance.
Sro. 9. ~hag every licensed woo~ dealer in tho Ci~y
. buquo shall have the rack. body, or bed of tho wagon, carb sled or
other vehicle nsoa by him i~ {he hauling and delivorNg of wood.
so constructed as ~o form right angles at tho eornem~ and shall be
of equal width a{ both ends~ and tho sides and ends shall stand per-
pendiculm'ly witl~ {ho bed~ and shall be sufficiently open at the sides
and ends {o pm~it ~he wood therein lo be t~oroughly examined;
and tho owner or pm'son owning suc~ vehicle sh~ll cause ~ho s~mo
~o bo m0~sureO by tho insBec$or of~wogd, who shall bmod upon
some conspicuous part of the vehicle, the cxuct amount of wood in
cords, or part cfa cord which such vehicle will carry when even fldl;
and for such measm, emen; and marking~ tho inspector shall re-
ceive a t~e of fifty cents, to be paid by the person at whose reqtuest
the iaspection was made.
SEC. 10. That all wood sol.d for feel in the City of Dubuque, by
a licensed wool dealer, shall hereafter bo sold by the cord or part
thereof: and the cord mentioned in this ordinance shall consist of
OhO hundred and twenty-eight cubic feet.
SEc. 11. That at ali sMes of wood for fuel by a licensed wood
dealer in the City of :D~buque~ said wood dealer shall make out
and sign a certificate setting forth tho quantity soldin cords~ or
parus of a cord, the person to whom soffi~ and the thee of sale; and
shall, on the delivery of the wood. deliver to the pm'chaser such
ce~%ificato. And any licensed wood dealer who shall neglect to
make and deliver such certificate, or shall deliver a certificate set-
ting forth a quantity greater than that delivered, shall ibrfeit aed
pay to tho city the sum of twenty-five dollars.
SEc. 12. Any person who shalIpurchase any wood of a licensed
wood doalo~5 and shall think himself aggrieved by tho measure-
ment of tho wood dealer as certified by him~ shall immediately give
notice to the inspector of wood. who shall forthwith notify such
wood dealer of the complaint, and proceed to measure such wood
for the party complaining, and furnish such party with a certificate
setting lbrth tho true quantity.
Sec. 13. [No t erson other than alicensod wood dealer, shall sell,
or offer for sale, inthat portion of the City of :Dubuque lying east
of Bluff street, with Bluff strcel; included~ and between Jones and
18th streets, any wood for fuel. until the santo has been inspected
and measured by the inspector of wood~ and a certificate of thc
quantity thereof in cords, or parts of a cord be procured from him.
And any person who shall violate the provisions of this section,
shall forfeit and pay ~o the city for each offenc% the sum of five
do]lam.
Sro. 14. Thai Seventh street, between Iowa and Clay, and
Clay strect~ between Seventh and ]~ighth streets~ are hereby set
apart and established as a wood market for the City of Dubuque;
and the inspector of wood is hereby reclulred to attend the same
during business hem% mid measure and inspect all wood that may
be[presented for measurement and inspection.
134
REVISED ORDINANCES,
SEC. 15. Any person who shall resist, or interfere with tho
specter in the performance of his duties under this ordinance, or
who shall in any manner violate any provisions of this ordinance,
for which no punishment is provided herein, shall be liable to
fine of not less than five, nor more than fifty dollars.
CI~APTER 22.
AN OEDINANCE prescribing the mode in which charges ~(ay be pre-
ferred against any officer underthecity government, and or hearing
and determining thesam& by the City Council
Be it ordained by the City Council of the ~ty of Dubuqus :
SEc. 1. Any offcer under the city goverumenb whether elected
by the people or appointed by the council, who shall be guilty of
gross negligence or carelessness in tho performance of the duties of
his office, or shall, in any manner vlolato his offcial duty, upon
lng found guilty thereof as hereinafter provided, may be expelled
or removed fi'om office as herein provided for.
SEc. 2. The City Council shall hear and finally determine all
complaints made under tho prowsions of this ordiuancc.
SEc. 3. All charges preferred against any officer of the city gov-
ernnmens under this ordinance, shall be by complaint made in
writing, signed and swonx to by some resident of tho City of Du-
buqu% and directed ;o tho City Councll of the City of Dubuque;
such complaint shall briefly set forth the na~no of the person
charged, the title of the office by him held, and the facts whleh
constitute thc grounds of the charge preferred, and shall bo pre-
sented to tho City Council at any regular or special meeting thoro-
of; and if in their opinion the matter set forth in such complaint
warrants an investigation and trial of tho party therein charged,
the conncll shall further appoint a time for the hearing, giving the
defendant not less than three, nor more than ten days' notice of
tl~e time and place of such trial; such notice shall be in writing,
signed by the mayor, and shall, together with a copy of the com-
plaint be served on the defendant by the city marshal, in like
manner as original notices are served under the laws of Iowa.
SEC. 4. At ~hc time set for the trial, the council will proceed to
the hearing of the ease, unless for good cause shown by either
party, the council shall deem it just to continue tho hearing to a
CITY OF DUBUQUE.
135
future day. Upon the trial, tho city attorney, or such other per-
son as may bo designated by the City Council, shall conduct tho
prosecution, and the defendant may be heard by himself or his at-
torney. If tho defendant, after being notified, fails to appear and
answer to the complaint, or if ho admits the truth of thc matter set
forth in the complaint, tho council may, in their own option, heal'
evidence in the mat;er, or at once proceed to a final vote as here.
inaftm' provided. All questions arising in the progress of the hear-
lng shall be determined by a majority vote upon the ayes and
nays. As soon as the hearing of the case is closed, the presiding
officer shall put the question: "Is the defendant guilty ?"--the vote
to be taken by 'the ayes and nays. If more than one charge is pre-
ferred 'in the complaint, the question shall be put separately on
each. If the defendant is an o~cer elected by the voters of the
city, or any ward or district therein, it shall require an affirmative
vote of two-thirds of all members elected to the council to find hbn
guilty. In the case of any other officer a majority shah be suf-
ficient. If tho defendant is found guilty as herein provided for, the
mayor or presiding officer shall forthwith declare: "That by judg-
ment of tho City Council, the defendant is removed and expelled
from th~ office heretofore held by him."
SEc. 5. It is hereby made the duty of the recorder to enter up-
on his records a copy of all complaints filed under the ordinancc~
with a brief statcnmn~ of the proceedings had in each cas% and the
final vote and decision with the ayes and nays thereon.
SEc. 6. Should charges under this ordinance be preferred
against the mayor, or any member of the City Council, the person
so charged shall not preside over the council, nor vote upon any
question during the trial of such case. In all cases in which i; may
become necessary, the council may authorize any proper person
to perform the duties herein required of the mayor, marshal, re-
corder or city attorney.
SEc. 7. The removal ok expulsion of any officm' under the pro-
visions of this ordinance shall not exempt him, nor his sureties, fi'mu
liability on his official bond.
SEc. 8. This ordinance shall not be so construed as to prevent
the City Council from removing fi'om office any officer appointed
to hold dmqng the pleasure of ~he council.
SEC. 9. Ail ordinances aud parts of ordinances, inconsistcnt
herewith, are hereby repealed.
136
i~EVISED OI~DINANCES.
CHAPTER 23.
AN 01~DINANCE in relation to Licenses.
Be it ordained by the City Gounc~l of the City of ~Dubuqus :
SEc. 1. All licenses shall be sigued by the mayor and attested
by the recordm', under tho seal of the city~ and no license shall bo
valid nntil so sigmcd auct a;tested. F, aehqleense shall bear dare
the day of the issmng thereo£ and shall specify the person ~o
whom. and tho purpose Ibp which tho same was issued, and the
;ime of its expiration, which shall not be later than the last day of
3~arch next. after its issue.
S~e. 2. All licenses granted shall be subject to all ordinances ir
relation to such licenses in force at the time of the issue of such
license, or which may 'be subsequently passed by the City C. om~cil
in relation thereto. And if any pm'son licensed, shall violam any
provision of any ordinance in relation ;o such licens% he shall be
proceeded against for any fine, or'penalty, imposed thereby, and
his license may bo revoked, or forfeited, at tho discretion of the
connciI.
SEe. 3. No license granted shall bo assignable, m' transferable,
nor shall any pm'son bo authorized ;o do business, or act under such
license, but the persou to whom it is granted; nor shall any license
authorize any person to act under it at more than one place at the
same time. Whoever shall violate any provisions of this section,
shall be deemed to be acting without license, and shaI1 be subject
to the same penalty as is presm:ibed for acting without license.
Sro. 4. Whenever the amount required to be paid for any
license is fixed by ordinance, mad no bond is required, application
for the license may be made to the clty recto'der, who shall, upon
tho production of a certificate of the city treasurer, showing that
the required sum for such Iiconse has been paid to him for that pur-
pose, issue to tho appliqant the required license, in accordance with
th6 provisions of the city ordinances.
S~c. 5.' But if the amount to be paid for any license is not fixed
by ordinance, or if a bond is reqnired to be filed befm'o a license
can be issued, applicafiou in writing must be made to tim ~nayor
for such license, stating the purpose and length of time for which
the same is desired, and the place where the business is tq be carried
on, and when a bond is required, the names of the proposed sureties.
If the mayor shall grant tho application, or approve of the sm'eries
CITY OF DUBUQUE.
137
for the bond, he shall so endorse the application, and state the
amount required to bo paid for tho llcense, and the time fbr which
it shall be issued; and upon the filing of the appl~cation so endor-
sed, and tho required bond, with the recordm5 and producing the
certificate of the treasnrer of the city, showing that the required
sum has been paid, the recto, der shall issue to the applicant a
license for the pm'pose and time specified. But if the mayor refuse
such application, he shall report tho application to the City Council
at their next meeting, for thdir action thereon.
S~o. 6. ~ho city r~corder shall keep a License Register, in
which he shall enter the name of each person licensed, for what
purpose licensed, tho amount paid, the date of the license~ and tim
time of expiration of the same; and at every regular meeting of
the council, repor~ an abstract of all licenses issued since his last
repro't, and the amount taxed for each.
SEC. 7. ~ho city marshal s)mll enforce all ordinances in relation
to licenses, and shall from time to time examine the license register,
and prosocu;e all persons Who may be acting without license.
Sro. 1. That no person shall selI or offer for ssi% at public auc-
tion. within the limits of the City of Dubuque, any real or personal
property, unless duly authorized by an auctioneer's license, under
a penalty of $100.00 for each sale. That the foregoing prohibition
shall not apply to sales made by any sheriff, constable, marshal, or
other offlcm', by virtue of legal process.
SEe. 2. For every auctioneer's license, there shall be taxed and
collected the sum of $100.00. Before any person shall be licensed
to act as an auctioneer, he shall execute and file with the recorder,
a bond to the City of Dubuque, in the penal sma of' $1000, with
two or more sureties, to be approved by the ~nayor, conditioned for
tho faithful compliance with the provisions of this ordinance, and
the prompt payment of all moneys herein required, to be paid to
the city.
S~c. 3. ~very licensed auctioneer shall make and return to the
city treasurer, before the last Saturday of each month, a written
Statement, under oath, of the amount of money received by him,
for allproperty soldby him at auction, and by any and ail persons
iu his employ, or acting nndsr his license, during the month next
preceding, and shall pay into tho city treasury at the time of
cI~; o~' ~)tm;yQ~5~. 139
138 REVISED ORDINANCES. --
making such return, a sum equal ;o two and a h~lf per cent. of the
amount so received by him: Provided, That if said auctioncer
,hall show ;o thc s~tisf~c~ion of ~he city ~rc~sarer. ~h~ ~ny of
~rt[cles smd a~ ~uc~ion have, wibhin one year ~rior ~o ~he d~te
such sMo. been included iu the regular ~ssessme~t of prop~r~y for
city ~axes, and that ~he t~xes assessed thereon have been ~ald to
the city, such ~r~icles shM1 be oxemp~ from ~ho tax of ~wo and
half per cont. imposed by this ordinance. On failure of any
tioneor ;o make re;urn and paymen;, as herein required, his
license shM1 bo. suspended until such return and paymen; shall bo
made. And it is hereby made the duty of the city treasurer, m
case of such fMlure, ~o g~vo notice re the city marshal of tho sus-
pension of sMa license, and tho marshal shall see that tho provi~-
ions of this ordinance are enforced agMast such delinquen;s in the
same manner as if no license had been issued ';o such auctioneer.
Sec. 4. Any person who shall sell a; public auction on the
s;reors or sidewMks, or in tho door-way of any house, so ~hat tho
bidders or bystanders, shM1 encumber, or block up any sd'ce; or
sidewalk of the city~ shM1 be subject to the penMty for obstructing
This ordinance shall no~ apply *o sales under execution, mcr;-
gage. deeds of trust, order of court, executor's, ~dministrator's. or
guardian's sales.
S~c. 1. No person shM~ pursue or carry on the business of
doming in~ or buying, selling, discounting, or what is commonly
known as shaving oq bills of exchange, checks, drafgs, bank notes.
promissory notes, bonds, or other ~'itings, obligatory, or in buying
or procunng of gold and silver coin. ;o dispose of the same for gain
or a premium, without a license therefor, under a penalty of
less than five, nor moro than fifty dollars for each offence; and that
for every such license there shall be ;axes and collected by the city
;he sum of one hundred dollars.
Sro. 2. No person shM1 F~suo thebu~ness of a ~gal
broker within sMd city, withou~ a license therefor, under a pen~ty
of act lessthan five. ~or more than fifty dollars for each offence.
A real es;are broker shall be deemed any person who is engaged
in the business of sdling, or in negotiating the sMe or purchase of
real estate belonging to others, for a com~nission or other compem
sation.
SEC. 3. There shall bo ;axed and collected by the city, for a
license to pursue the business of a rca] estate broker~ thc sum of
twenty-five dollars.
SEc. 4. ]No person shall carry on or pursue tho business of an
inn-keeper, withou5 a license therefor, under a penalty of not less
than five. nor more than fifty dollars. An inn-keeper shall be
deemed any person who keeps a house of public entertainment,
and for a compensatlom furnishes lodging or provisious, or both~ to
~ravelers and others. There shall be taxed and collected by tho
city, for a license. ;o pursue tho business of an inn-kcepcr~ the sum
of fifteen doll~rs.
S~c. 5. ~o person shM1 own, keep or conduct an ordinary
wlthoa; a license therefor, uuder a penMty of ten dollars, for each
~ay. An ordinary shM1 be deemed any eating house, or other
place where any ]dnd of food o~ eatable is sold, to be eaten at thc
place of sale. There shM1 be ;axed and collected by the city, for a
license to keep an ordinary, tho sum of five dollars.
LIVE~Y STABLES.
SEC. 1 ~o person shall, wlthiu the ~imits of the City of Du-
buqac~ keep horses or carriages, to bo let for pay, unless duly
authorized by ~ license ;o keep a livery stable; and for such license
there shall be ~axcd and collected thc stun of one hundred dollars.
~Vhoover shall violate tho provis~ons of this section, shall forfeit
and pay the city the sum of twenty dollars ~or each day such busi-
ness is carried on without such license.
Sro. 2. ~o person shall, within the limits of the C~ty of
buque, uso any hack. carriage, omnibus, or other vehicle, for the
purpose of carrying passengers from one place to anothm5 within
smd c~ty, for hire. unless duly authorizedby a license for such con-
vcyance~ under a penalty of five dollars ~br each day; and for
license for every such vehicle, he shall pay to the city thc sum of
five dollars.
Sue. 3. Tho owner of every vehicle licensed as MbrcsMd, shati
cause the number ( f thc license to bc plainly painted on some con-
spicuous par; of each si le of his vehicle: under a penalty of two
dollars for each week he shall use tho same without being so num~
bored.
140
REVISED~ ORDINANCES.
SEC. 4. NO person shall collect, or receive, fox' carrying any
passenger from any place in said city to another therein, more
than twenty-five cents, except when such passenger shall, au his or
her request, be carried on, to or from any of the bluffs within tho
bruits of the city~ in which, case a sum no; exceeding fifty cen;s~
may be charge~ and received..
S~c. 1. ~o person shall, w~thin the l~miis of the City of
bn~ue, keep, own: or use any dray, wagon or other vehicle for ihs
purpose of can~ing articles or property for hire, from one place
another wRhin said cry, without a license therefor, under a penalty
of ~wo doll~'s for each loan or parcel so carried w~thou~ license;
ann for a license for every such vehicle, he shall pay ;o the city
sum of We dollars ~or each vehicle drawn by one horse, ann ten
dollars if by ~ore.
S~c. 2. For wagons or other vehicles kept or uses by mm'-
chants: lumber men an8 other persons, for the delivery wRhou;
ohm'ge of ar;ides or property sold by them~ or for ihs carrying
their own proper;y, or for *he accommodation ortheir own busi-
ness. or by ho~el&eepers for tho ddirery withou~ charge of the
baggage of their guests, no license shallbe required.
8~c. 3. The owner of every vehicle hceused as a~oresMd,
cause ;he number of his license to be plMnly palu~e8 or posted on
some conspicuous par~ of each side of his vehicle, under a penal~y
of one dollar for each we& he shall nsc thc same wiihou~ being
numbered.
S~c. 1. No person shall keep any billlara table or bM1 or
pin alley for hire, or gain, direelly or indirectly received, wiihon~
a license ~herefor, under a penalty of five adlars ~or each game
played thereon for which pay is received.
S~c. 2. Thsre shall be taxes and collected for a license lo keep
billlara iables, ghe sum of twenty ddlars each~ ib~ the first three
tables; and ~en dollars each for such additional table, and for each
pigeon-hole table, five dollars. There shall be taxes ann collected
fbr a license lo keep ~ pis or ball alley~ the sum of ave dollars, for
each M16y.
S~c. 3. ~o keeper of a billlar8 table, or ball or ;eh pin alley,
shall suffer or permit any miao~ ;~ freqaen~ or loiter abou~ tho
C~Y OF DUBUQUE.
141
premises occupied by him, nor sell or deliver to minors any intoxi-
cating liquor, nor suffer or permit any riotous or disorderly con-
dart on the premises, under a penalty of five dollars for each offence.
SALOONS.
SEC. 1. 1% person shall, within ~he limits of the CRy of
buqae, by h~mself, his servan% or clerk, (except for purposes pm'ely
medicinal, ~echanical or sacramental) bar,er, sell, excbangc~ or
dd~ver, or otherwise dispose of ibr money, gMn or anything of
wlue, any ~nous. spirituous, mixed, mal~ or other intoxicating
liquor whatever, by the glass, or in any manner at retail, to be
drank on ihs premises, unless duly authorized by a saloon license,
under a penMty of ~en dollars for each o~eace.
S~c. 2. Per each sMoon license there shall be taxed and col
lec~ea by ~he city, ihs sum of ~Ry dollars; and such license, when
procured: shall pro;et; ~he holder ~hercof frmn prosecution by any
city o~cer, uuder ;he laws of *he S~a~c, for ~he o~bnce of selling
intoxicating li~nm~.
S~c. 3. No reviler o~ Hquors, licensed under dm provisions
hereof, shall, by himsdr, his servant, or clerk, suffer or pm'mi~ any
person ;o drink ;o excess or drunkenness, in his premises, under
penal~y of not less ~han ave dollars, for each o~ence.
S~c. 4. ~o retailer of liquors, licensed under the provisions
hereof, shM1 keep open, or su~%r to be kep~ open, his place o~ busi-
ness a~ a la, er hour ;ban devc~ o'clock P. ~., except on Saturday
nigh~, when ~he same ~ay be kep~ open one hour la, er; nor shall
any such person, wRh in~en~ ~o avoid ~he provisions hereofi open
his smd place of business earlier than dayHgh~ of each mo~ing,
nnder a penalty of no; less ~han five, nm' more than ~wen~ydollars.
S~c. 5. ~o retailer of Hquors, licensed under the prov~sions of
~his ordinance, shall in any mauner sell, give, or ddlver auy in~ox-
ica~ing or mar liquor, or beverage whatever, ~o any minor or any
in~oxiea~ed person; nor suffer any minor or iu~oxica~e4 person
remain or lo~er in or about his premises; under a penury of no~
less ~han five dollars.
S~c. 6. No retailer of liquors, licensed under ~he provisions
hereofi shM1 sd1, gtve or deI[vor any intoxicating liquor to any
hahitually intoxicated person after being notified by the husband,
wife, paten;, or other relative of such person, that he, or she, is
h~bltu~lly info.cared person, and requesting such retailer no~ to
142
I~EYISED 0RDI~2NCES.
give, sell, or deliver him or her any liquor or 'beverage, under a
penalty of five dollars for each offence.
Sac. 7. Noretailer ofliqnorsliconsedundm%hoprovisionshereo~;
shall suffer any loud or boisterous talking~ or obscene or profane
language, quarrolfing~ singing, fighting~ or other disturbance, in or
or abont his place of business, to tho annoyance or disturbance of
persons passing along any stree~ or pnblic place in the vicinity; or
so ;he dlstm'bance of the peace and quiet of persons doing business
or residing in the neighborhood, under a penalty of not less than
five dollars for each offence.
Sac. 8. If any retailer of liquor, licensed as aforesaid, shall
violate any of the provisitns of sections fern' and eight hereof, the
city marshal, or any policeman: may enter and close his place of
business, and may take possession of tho keys and fastenings
thereof, and shall have power to turn one all persons found therein,
no; belonging to the promises.
Sac. 1. No person shM1, within the limits.of tile city of
buque, hawk or peddle any goods, wares, or merchandise, or other
articles, without a license therefor, nnder a penalty of not tess than
five nor moro than twenty dollars. The selling, or offering for sale,
of any goods or merchandise, made by any person remaining u'an.
siantly in the city, for.~he purpose of selling or disposing of tho
same by retail, or by persons traveling, or going from one place ;o
another with goods or merchandise, and selling or disposing of tho
same by retail; whether in any temporary place of business, or
otherwise, shall bo dqeraed peddling: under the provisions hereof.
Licences for the purpose above statedmay be authorized by tho
mayor, who shall, at his discretion, iix the stun to be paid therefor.
and the time of its duration.
Sac. 2. All persons selling goods by sample, or taking, orders
for goods ;o bo thereafter delivered, and not residants of this city,
shall be taxed not less. than five, nor moro than ten dollars per
hum, at tho discretion of the mayor.
Sac. 1. No person shall exhibit to public view ibp gain, within
;helimits of tho city of I)nbuquc~ any animal, or animals, wax or
other figures, or painting, feats of circus riding, rope or' wire walk-
ing, or dancing, or give any concert, musical or theatrqcal enter-
CITY OF DUBUQUE.
143
tainment, where money or other thing of value is charged for ad-
raission thereto, withou; a license therefor, under a penalty of not
less than five dollars, nor more than fifty dollars. And licenses
therefor may be authorized by the mayor, if the exhibition will
not injuriously affect the morals of the people, or offend against the
rules of decency and good order; and he shail~ at his discretion,
fix tho sum ;o be paid for such license, and specify' tho time of its
dm'alien. But no circus, menagerie~ or other show, shall bo lieen-
sad ;o show or pe~'form within ~wo blocks of.any school house in
tho city.
C~IAi~TER 24.
AN O~DX~A~OE tO regulate the manner of fixing Grades In the City
of Dubuque.
l~e i~ ordained by ~he City Council of ~he City of .Dubuque:
Sac. 1. That every grade hereafter agreed upon for auy street,
alley or highway, within tho boundaries of said city, shall be fixed
and established by a resolution of the City Council, adopted after
tho subject of such grade has been referred to a committee, and ~
roper; made thereon, accompanied by a profile from actual survey
by tho city engineer, and all grades so fixed~ shall be duly estab~
lished and recorded with the profiles thereof, in a suitable book to
be prepared and kept by thc recorder, and entitled "The Grade
Book."
Sac. 2. That any or ail of tho grades heretofore fixed by the
City Council. may be collectlvely or severally sanctioned and con~
firmed under tho authority of this ordinance, by resolution of the
City Council, and whan so sanctioned and confirmed, shall bo in
like manner recorded, if the same has not been previously recorded.
Sac. 3. That all alterations of established grades may be effec-
ted by resolution in like manner, but no such grade once estab-
lished, shall 1 e altered or annulled until after the proposed change
shallhave been submit;ed to the City Council fbr the term of two
weeks, nor until ten day's notice thereof shall have bean published
in the city paper, or posted by tho city marshal in three pttblic
phxces along the line of such proposed alteration.
144
CITY ORDINANCES.
CI-IAPT]~R 25.
AN OnI~XZ~OE ~o provide for opening, altering, or annulling Streets.
Alleys, and tIighways, inthe City of Dubuque.
/Be it ordained by the City Council of the City of ~Dubuque :
SEc. 1. That whenever thc City Council deem it advisable to
lay onb open~ widen, extend or alter, any street, alley or highway,
in the city~ they shall by resolutiom direct tho city engineer
make a survey and plat of such proposed improvement, showing
the ]and or lots, through or over which the same is proposed to be
made; the names of tho owners thereof, and the quantity of land
proposed to be taken. And when such plat is completed, [t shall
be filed in said engineer's office, and bo subject ~o public inspection.
S~o. 2. After such plat is ttxus filed, the engineer shall give per-
sonal notice in wa'trina ~o all residen~ owners o£ the prop~rty~
through or over which such improvement is proposed to be made;
and to ail non-resldcn~ owners of such property, by publication of
the notice for ten days in tho official paper of the city; that at the
nex~ session of thc council occurring after tho lapse of two weeks
from the date of such notice, it will be determined by said council.
whether such proposed improvement shall be made or nor. and re-
quire them to appear before said council at that time, and show
cause, if any they hay% why the contemplated improvemen~
should no~ be made. Tho evidence of service and of publication of
such notice, shall be filed by tho engineer, in the recorder's office,
where i~ shall be preserved.
S~o. 3. At the nex~ regular session of the council, occurring
after completed service of the notice above specified~ the City
Council, after hearing objections thereto, may, if they deem it ad-
visable to lay oub open, widen, extend or alton such s~rcob alley
or hlghway~ by resolution order the city recorder to issue a vcmre
to thc city marshal, and to furnish him with tho names of
owners ~f property as furnished and returned by the cityengin esr,
and commanding him ~o summon a jury of twelve freeholders,
citizens of said city not directly interested, to appear at a time and
place therein stated, which shall not bo less than five days fi'om tile
date thereof; and tho marshal shall also give tho persons named in
such list as aforesaid, (provided they be residents of the city)
notice in writing of tho time and place, when and where the jmT
so summoned will appear. And in case any person named in such
list so furnished to saldmarshal, shall be a non-resident of the city,
145
or unknown, he shall give such notice by publication in tho official
paper of the city for at least two weeks, tho last publication of
Which sh~ll be at ]easb five days before the time fixed for the meet-
ing of such jm'y, stating the purpose for which they are sum-
moned and directed to such person; and any such person not ap-
pearing in pursuance of notice as above prescribed~ shall not there-
after bo permitted to raise any objection to tho jurors so summoned,
or to any assessment they may~nake. Anysuch person, who may
appear in pursuance of snob notic% may object to any of thc jury
so summoned, for any good cause shown~ and the ~narshal shall de-
cide on all objections rs!sod, but shall not allow moro than throe
peremptory challenges to any such jury.
S~c. 4. That on tim day so specified in the venire, the jury so
summoned shall appear at the place designated; and if no objec-
jectl°n is made~ or if any one or more is objected to, and such ob-
jection overruled, or if sustained and talismcn are chosen in their
places~ the said jury, after' being first duly sworn by some officer
authorized to administer oaths, shall proceed to assess the dama-
ges which any person may sustain by reason of opening~ widenfng~
extending, or altering such streot~ alley or highway, and shall re-
turn such assessment in writing; subscribed by the jurors by whom
thc same shall be rondel'to the city marsha]~ to be by him delivered
to tile City Council.
S~e. 5. Whenever any street, alley~ or highway, is proposed to
be laid out, opened, widoned~ extended, or altered, for tho accom-
modation of particular individuals, no action shall bo had under
such resolution until thc person or persons interested in the open-
ing, widening, laying out, extending, or altering such street, alley~
or highway, Shall have deposited in .the city treasury :; sufficio~t
sum of money to defray all expenses of smweying, platting~ jury
fees and advertising, incurred or liable to bo incurred by such
opening, laying out, widening~ altering or extending.
SEc. 6. That if upon examination of tho report of thc enginccL
and the assessment and estimate of the jury, the City Council
shall decide that it ~s expedient and necessary to lay ont~ open, cx-
tcnd~ widen, or alter such street, alley or highway, they shall pay
tho damages, if any, when collected, and shall procure frown the
owner or owners, proprietor or proprietors, deeds of relinquish-
ment therefor, and in case of tho absence of any such person~ or
other inability to procure such deed of~ relinquishment by reason
146
I~E¥ISED O]~DINAiVOES.
of such person refusing ;o execute the same, or fox' any other
cause, the damages so awarded ;o any such person, shall be allowed
and se; apart in tho city treasury, to bo paid ;o any such pox'son
on his demanding tho sam(x and presenting ~o the City Council
such deed of relinquishment, which setting apart shall bo equiva-
lent to payment. And the City Council shall thereupon proceed,
and by resolution declare, such street, alley or highway, to be
opened, laid on;, extended, widened, or altered as tho case may be,
and shall thereupon cause a record of the plat and description
thereof to be made by ~he oi[y recorder in some suitable book for
that purpose provided, and such streob alloy or highway shall
thereupon be established as a public highway iu said elty for public
use as other su'eots and highways therein.
S~o. 7. Whenever any street, 'alley or highway in said city,
shall bo lald out, opened~ widened, extended or altered, it shall be
the duty of tho city recorder to make out and deliver to tho city
marshal a copy of the order declaring the:same to be a public high-
way, and it shall be the duty of the city marshal thru'rupert forth-
with to proceed and open the same, and in case any obstruction
Shall be found therein, it shall be his duty forthwith to notify the
owner, or person in possession of any land or lot on which the
same may be found, *o remove such obstruction within ;on days,
and in case of the refusal or neglect of any such person so to
move the same, the city marshal or street commissioner, shall pro-
coed to remove the same.
S~c. 8. That any public highway ,n said city may be annulled
in like manner byresohtion of the City Council: .Provided, That
no s~ree% alley or highway duly established, shall be altered or
annulled, until after the proposed action thereon, shall have been
snbmi~ted to tho City Council at two regular sessions, nor nntilten
days' notice thereof shall havebeen published in thc city paper.
CIyIAPTEI~ 26.
A~ O~D~A~O~ W provide for ~radlng, Paving and ~oAdamizing
of 8~reets.
Be it Ordained by the City Council of the Oily of :Dubuflue :
S~o. 1. That whenever the City Council deem it advisable to
grad% l)aVO or I¥IcAdami~o any street, alley or public highway~
~ITY OF DUBUQUE.
147
within the city, ~hey shall by resolution direct tho city engineer to
make a survey of such street, alley or highway, and make out and
file in his office a plan and specifications of such proposed improve-
merit; ;here to remain as a public record, subject to tho inspection
of all persons desiring to examine tho same.
S~c. 2. As soon as said. survey is made, and such plan and
specifications are thus filed, the city engineer shall give notice in
the official paper of the city, that at the next rcgular~fsesslon of
the City Council to be held after tho lapse of tw6 weeks from the
first publleation of said notice, it will be finally determined by said
council whether or not such proposed improvement shall be made;
and in said notice he shall also state that said plan and specifica-
tions are on file in his ca°flee, and subject to dm inspection of tho
public; and that all persons having obj?ctlons to make to such
provement, are required to al)pear before said council at said time,
and make the same.
Sro. 3. Thai at the next regular session of the council, occur'
ring after the lapse of two weeks from the first publication of such
notice, the council, after hearing any one who may wish to be
heard tn opposition thereto, shall finally determine whether the
con;emplated improvement shall bo made in accordance with thc
plan and specifications, and may by resolution authorize the
nnprovement to be made in accordance with the plan and specifica-
tions, or with such alterations as the council at the time shall deem
proper to make therein, which alterations shall be noted by tho city
engineer on said plan and specifications.
S~c. 4. That immediately after the passage of the resolution
ordering the improvemenb thc city engineer shall publish a notice
in the official paper of the city, that sealed bids will bo received by
him for making tho proposed improvement according to tho plan
and specifications approged by the council as above contemplated;
and such notice shall contain a reference to the plans and specifica-
tions on file in tho engineer's office, and in it shall be specified a
day up to which bids will be received by him for the making of. the
improvement, and such day shall not be less than two weeks from
the first publication 'of such notice.
S~o. 5. That the engineer shall not open any of the bids re-
ceived by him in pursuance of such notice; but it shall be his
duty, on the next day after the last day spdcified for receiving bids,
to file all bids received by him, in the office of the city recorder,
148
REVISED O~DINANCES.
where they shall remain sealed until the ncxx regular cession of
the council.
S~c. 6. That a; the next regulm' cession of the council, ail of
said bide shall be opened in its presence, and the doing of tho
work shall be awarded to the lowest responsible bidder, who shall
enter into such contract with such terms, conditions and security,
may be reqmred of him by the eonncfl: ~rov~ded, ~hat in all con-
tracts lo~ for such improvomon% it shall be s~ipulatod that ~ho city
shall levy ~ ~pocial assossmen~ on the propor~y abutting on such
improvement. ~o pay for the same, and shall collect such assessmen~
for tho benefit of such contracter~ and pay the same over to him
as f~st as it is collected; and that the city shall be required ;o pay
for such improvemen~ only as such assessment is collected by
as aforesaid, until the [~pse of one year aRer tho levy; of such
assessment, when tho balance ~hat may be due the contractor on
such assessment shall bo paid by the city; and tho city shall pro-
coed with the collection of such. assessmen~ for its own benefit
~rovided further, ~hat if two-thlrd~of the proper~y owners on any
block shall appear at the opening of the bids for tho above work,
they shall have the right tc then and ;here enter into con;ruth
the lowest rate bid, for any whole block of the work to let.
S~o. 7. That as soon as practicable, after tho expiration of the
time specified in the con~rac~ ~fldn which tho improvement is
be completed~ the commlt~ee of the council on streets, shall make
an examination of the work~ and if the same be not completed, or
not done in the manner provided in ;he contrac~ said committee
may ~rec~ the street commismoncr ;o complete the sameln the
m~nncr provided in ~he con;rac;, and the expense of comp]etlng
~he same shall be deducted from whatever money may be coming
tbthe contractor under his contract; ar said committee mayrepor~
ghe case to the City Council for their action. And if said com-
mitres find ~he work completed in accordance with zho contract,
theyshall accept the same from the contractor, and so repor~
the City Council.
S~c. 8. As soon as practicable aftra' the work shall be comple-
ted and accepted by the City Council, they shall levy a special {ax
on the several lots and parcels of real estat5 abutting or adjoining
such improvement, su~cient to pay tho costs and expenses of the
s~mo. The resolution by which such ;ax shall .be levied, shall
speci~ the name of tho street, the number of tho l~ts, the names
CITY OF DUBUQUE,
149
of tho owners when known, description of tho work and the
amount of tax levied on each lot. and tho name 9f the contractor
for whose benefit such levy is made.
S~c. 9. The city recorder shalb without delay, after the passage
of the resolution of the City Council levying tho assessment, make
out and deliver to tho city treasurm', a duly certified copy of such
resolution, and take his receipt therefor, and file and presto'ye tho
same in his ofiice.
S~c. 10. The city treasurer, upon the receipt of such copy,
shall without delay, cause a notice signed by him to be published
['or ten days in tho official paper of tho city, stating that such
assessment has been made by the City Council against tho promi-
ses named therein, (describing tbs same with the name of the
owner if known, and tho amount of tho assessment, as fully as sot
forth in the resolution0 and for the sums set opposite to each lot
for tho costs and expenses of grading, paving, or ~[cAdamlzing
done in front of or adjoining said premises, and delivered to him
for collection, and that paymen~ of the same is demanded. Such
notice shall bo deemed a sufficient demand, and a neglect to pay
such assessment within thirty days from the passage of such reso-
lntion, shall be deemed a refusal, and suit may at once be instituted
in any conr]~ having jurisdiction, to subject tho property to the
payment of such assessment.
Ct{APTEtt 27.
~ Onn~ANOE regulating the Paving of Sidewalks.
JBs i~ ordaine~ by ~Ae City Council of the City of Dubuque:
S~c. 1. That all sidewalks hereafter paved or repaired, shall be
lald to the established grade, or if no grade shall be established~ to
such temporary grade as may be given by tho city engineer.
less otherwise specified in thc resolntion of the City Cmmcil or-
dering the same ~o be laid, tlmy shall be built of brick or stone,
or plank, a~ the optimx of the owner of the property in front of
whoso tot of land snch sidewalk shall bo; if of brick~ they shall be
made of good, substantial, hard brick; if of stone, the same shall
not be less than two inches thick, and dressed square, with ham-
meted or square surface; such brick or stone shall be laid on a bed
of sand at least four inches thick, even at the top, to be range
150
work, with eloso joints, fall width of sidewalk; when of plank,
the same shall bc not less than two inches thick, square edge, even
surfacc, closely joined, and of good sound material; and unless a
different width shall bo specified in the resolution, shall be laid
crosswise with tho sidewalk to thc full width; and all sidewalks
laid to the full width, shall incline to the top of the curbing at tho
ra1:o of one-half inch to the foot.
Snc. 2. That tho tops of all curb-si:ones hereafter set, shall corre-
spond to tho grade of the street, and they shall be set.on all stree1:s
sixty-four feet wide, at a distance of 1:wolve feel from tho line of
tho s1:reeb so that the street between the curb-stones shall bo forty
feet wide, and on all other strcc1:s, the curb-stones shall bo setat
a distance from the line of thc street of one-fifth par1: of the whole
~vidth of the street.
Sro. 3. Whenever thc City Council deem it expedient,
they may, by the passage of a resolution, require the sidewalks in
front of~ and adjoining any premises along any s~roet or par1: of
si:reel:, to bo paved, ~.epaircd or wideucd, in conformity with sec-
tion one of this ordinance, or 1:o such width, and with such ma-
terials and in such maturer as may be designated in tho resolution.
Such resolution may bo substantially as follows, to-wit:
Ms it t~esolved, by the City Council of tho City .of Dubuque, tha~
a sidewalk be~ within thirty days from this date, constructed and
lald in conformity with section one (1) of the.ordinance in relation
to sidewalks, to the (established or temporary) grade on the--
sldo of thc street in front of, and adjoining thc following described
premises, to-wit:
Or,
Be it l{ssolvsd, by the City Council of tho City of Dubuque, that
a brick or plank as the case may bo) sidewalk . feet wide, be,
within thirty days fi'om th~s date, constructed and lind to the
(established or 1:emporary) grade, on the . side of street,
in front of, and adj oining tho following described premises, to-wit:
S~o, 4. ~he city recordm' shaI1, without delay, aftra' the pas-
sago of any order fer sidewalks, g~vo notice thereof by publishing
for ten days an advertisement in the official paper of tho city,
stating in such advertisement the side of thc street on which, and
describing the premises in front of, or adjoining which such side.
walks are required ~o bo built; tho day on or b~efero which they
are 1:o be built, and tho width when loss than fail width, and ma-
terlals thereof when not to bo built in confermity to sec1:ion one
hereof. Such notice may bo substantially as follows, to-wit:
CItY OF DUBUQUE.
, lg--. ~
~lotico is hereby given, ~hat the City Council of thc City of Du-
buque, has ordered a (brick or plank, as the case may b%) sidewalk,
~eet wide, ~o bo constructed and laid to tho (established or
temporary) grade, on th~ side of street~ by the
day of 18~, in iront oq and adjoining the tbllowlng
scribed promises~ to-wit:
Now, unless the same bo bull[ wi[bin the time, and in tho man-
nor above mentioned, and as required by the city ordinance in re-
latlon to sidewalks, tho street commission6r will cause such side-
walks ;o be built, and tho costa and expenses thereof will bo
assessed against the promises chargoabfe ttmrewith.
S~c. 5. Tho city recorder shall also, without delay~ after the
passage of any resolution fer sidewalks, cause a copy thereof to be
delivered to tho stree; commismoner, wh% upon rocoip~ thereof~
shall, without dolay~ notify any known owner of each separate lot
or promises, or his agen;, to build such sidewalk; or if no owner
or his agen; can be found in the city~ any occupant of tho prem-
ises, by delivering ;o him~ or leaving at his nsual plapo of abode or
business, with some member of his household, or house of business,
a notice describing the premises in front o~ or adjoining which the
sidewalk is ordered, stating thc grade, width of sidewalk, and
torial with which tho sarao ~s to bo built, and the day by
the same is ~o bo completed; and if the stree; commissioner shall
negtect to notify any known owner, or Ms agen;, or oceupant~ as
horefa required, ho shall bo sabjec; to a fine of ten dollars in each
case. Tho notice may bo written or pEnted, or partly both, and
may be substantially at follows, to-wit:
: You are hereby notified, that the City Council of
tho City of Dubuque has ordered a (brick or plank) sidewalk,
feet wide, to be ]aid to tho (established or temporary) grade, along
tho front (or side) of lot , (of the o~g~nal city or addition
thereto, as tho case may be), in confermity to section one of tho
ordinance in relation to sidewalks ~ow, unfeos such sidewalk
shall bo:construe;ed and lald as above specified, by tho day of
,18--, tho undersized will cause the same ~o be constructed
and laid, and will reporu the ¢os1:s and expenses thru-eof to the City
Council for allowance and assessmon; against the premises
chargeable therewith. .S~a~ Coa~ssm~R.
S~C. 6. If the owner of any lot or premises, or his agent, is not
a resident of the city~ and there bo no occupant of tho
the Street commissioner shall send such notice to the owner or
agent by mail, directed To him at tho poet office au which he usu-
ally receives his letters, if known; but the notice published by the
city recorder in tho official paper of the city, as above required,
shall be deemed suf~clont notice to all pm'sons wheti~er rosldcnt or
non-resident.
S~c. 7. All sidewalks shall be bullt by the owner of the adjoin-
ing premises, of tho materials, and in the manner prescribed in
tho resolution of the City Council, and completed within thirty
days aftra' tho passage of such resolution. The street commis-
sioner shall superintend the cons(a~uction of all sidewalks, and
quire tho city engineer to furnish ~ho grade when necessary i and
if any sidewalk shah not bo constructed and lald as required by
the resolution of the City Council ordering tho same, tho street
commissioner may require that it be relald in compliance there-
with; and if the person whose duty it is to do tho same, shall no-
glect or 'refuse to comply witi~ his ordor~ he may cause such side-
walk tO bo properly rolaid without delay, and shall report tho costs
thereof to tho City Council fox' allowance and assessment as iu
other cases; or, he may rcpor~ sucb sidewalk to tho CRy Council,
in the same manner as if it had not been lald.
Sro. 8. If at 'the expiration of thirty days from the passage of
the resolution of the ~ity Council ordoPing any sidew~llq the same
shall not be built, the s~reer commissioner shall, without delay, re-
port the same To the City Council in writing; or, if any side-
walk which may bo laid, shall no~ be consu~ucted and laid in com-
pliance with tho resolution, to his satisfaction, he may report the
same in like manner, i~is rcpm~ shall contain a list and descrip-
tion of each delinquent lot or premises, and shall state opposite
thereto~ the name of each ownm; or his agent, or the occupan~ of
tho premises, upon whom he has served notice: and if such swner
bo unknown, or cannot be found, ho shall state, owner "unknown,"
or, "cannot be found,"'as tho case may be. tie shall obtain and
file with his report, a copy of the sidewalk notice, published by tho
city recorder, with the propm, certificate of the printer of its due
publication attached, and also a copy of tho no,ice se~ed by him
on tho owner, ox' his agent, or tho occupant of tho premises, wi~h
his return ~heroon indorsed, showing the date and manner of ser-
vice; and his report shall not be received or approved by thc City
Council, unless made as herein required. '
153
S~c. 9. The City COuncil may~ at any time after the approval
of the report of the street commissioner, pass a resolution requir-
ing him, without delay, to cause the sidewalks to bo con-
structed in fi'ont of, or adjoining the premises mentioned in his re-
port, and to report the costs and expenses thel'eof~ for assessment
against the premises chargeable therewith. Such resolution may be
substantlally as follows, to:wit:
~rx~u~As~ The sidewalks fi'outing and adjoining the following
described lots and premises, to-wit:
[Name of Owner. Lot.... Addition.
liave not been constructed and ]aid in pursuance of a resolution
of the City Council, passed the day of , 18--, after duc no~
rico to the owner thereof, (or his agent, ox- tho occupant oF the
premises,) as appears from the return of the street commissioner;
Therefore,
l~esolved, by the City Council of the City of Dubuque, that the
street commissioner be, and is hereby directed to cause the same
to bo constructed and laid ibrthwith, in confbrmity with the origi-
nal resolution requiring the same to be laid, and that ho report to
this council, the costs and expenses thereof~ Top allowance and
sessment against the premises chargeable therewith.
S~e. 10. The street commissioner shall keep an accurate
count of the costs of each sidewalk built by him, in front o~ or ad-
joining eactx separate lot or premises, by re'der of the City Council,
and he shall, as soon as the same may be completed, report such
costs to the City Council, with the description of the lot or prom:
ieee, and the name of the owner thereof; if known, liis report
may be substantially,as follows, to-wit:
DUI~UQUE: ----~
To t]~e ~i~y Council of the City of Dubu~ue :
In compliance with the resolution of the City Council, passed the
day of , 18--, the undersigned has caused a sidewalk to
b~ constructed and ]aid, fronting (or adjoining) the following
Scribed premises~ at the costs and expenses set opposite to each,
to-wit:
--lq~x~ of Owner.
Lot. ____. Addition.
- CITY OF ~)UBUQUR. 155
REVISED ORDINANCES.
SEC. 11. ~.rhen any costs and expenses necessarily made and
expended in the construction oi' any' sidewalk in fl'out el. or
joining any delinquent premises, shall he'reported by the street
eommmsioner to the City Council, and examined and approved by
them, the City Council may, at any time thereafter, by resolution
levy and assess a special tax against the promises chargeable there-
with, sufi%iont ~o pay such costs and expenses. The resolution
shall coutain a correct list and description of the lots and premises,
with tho name of the owner thereof, if known, and with the
amom~ assessed against each. so~ opposite ~hereto, and may be
substantially as follows, to-wit:
1~c it ~esolved, by the City Council of the City of Dubuque, that
tho several sums set opposite ;o tho ~oliowing described lots (parr
of lot, real estate, or premises, as the case may be,) respectively,
wit:
1qume of Owner. Lot. Addition. Costs.
iBeing the cos;s and expenses approve~! by the City' Council £or
constructing and laying sidewalks in flout of, and adjoining said
lots or premises, by the street commissloner, in pursuance of a res.
elation passed by ;his council, on the ---- day of ,18--, after
failure of the owners thereof, to do tho same after due notice, be,
and the same are heronry respectively levied and assessed agams~
each of said lots~ (pa~ts of lots, or premises,) payable to the city
~reasuror. within thirty days frown this date.
SEc. 12. Tim city recorder shall, without delay, after tho pas-
sage of such resolution of assessment~ make out and deliver to the
city treasurer, a duly certified copy of such resolution, and take his
receipt therefor, and file and preserve such receipt in his office.
SEC. 13. Tho city treasurer, upon tho receipt of such copy,
shall, without delay, cause a notice, signed by him, to be published
for ten days in the official paper of the city, stating that such
sessment has been made by the City Council against the premises
named therein, (describing tho same with the name of the owner~
if known, and tho amount of the assessment as fully' set forth in
the resolution,) and for the sums set opposite to each, for the costs
and expens?s of constructing and laying sidewalks i~ front of, and
adjoining saidpremisee,, has been delivered to him for collection,
~nd that paymen~ of tho ~ame is demanded. Such notice shall be
deemed a sufficient demand, and a neglect to pay' such assessment
within the thirty days mentioned in the resolution, shall be deemed
a refusal: and suit lnay at once be instituted in any cour~ having
jurisdiction, to subject the property to the paymen; of such assess-
CHAPTEI{ 28.
.k~' Onnx~ANOE to require the filling up and raising of Lo~s to prevent
Stagnant Water thereon.
27e it ordained by the ~ity Council of tho Oity of ~)ubuqus :
SEC. 1. That the City Council may~ at any time, by resolution
order and require any lot or lots in said city, subject a~ any time
~o bo covered with smgnan~ wa;or. ;o be filled uF and raised.--
Such resolntion shall designate the particular lot ox' lots, and tho
height ~o which tho same shall be filled uF and raised, and shall
also fix a reasonable time for the completion o£ tl~o work. Upon
the passage of such resolution, a copy thereof shall be issued by the
city recorder, and shall be served by the city marsha! upon the
owner or owners of any such lot ox' lots respectively, either per-
sonany, or by leaving the same at his. her or their usual place of
residence. In ease of'non-resident owners, notice shall be given by
publication in tho official paper of the city, for the period of two
weeks. And if any owner or owners of any lot or lots shall, after
such notice ox' publication, negiec; or refuse ;o fill up and raise
such lot or lots as may be designated in such resolution, within the
time required thereby, the City Council may cause the same to be
done at tho expense of tho city, and assess the cost thereof with
the incidental expenses on the lot or lots respectively, and the city
recorder shall forthwith make out and prepare an assessment roll
thereof, on which shall appear the numbers m' description of such
lots, names of owners when known, cost of filling up, and other ex-
penses incidental to the work, and shall deliver the same to the
City Council, and said council may, after having examined and ap-
proved of the same, levy and assess such costs and expenses
against the premises chargeable therewith, and may order that
suit bo instituted in any court havlng jurlsdiotlon~ to subject tha
property to the payment of such assessment.
REVISED ORDINANCES.
29.
AN ORDINANOE relating To the obstruction of Streets, Alleys~ and
Sidewalks.
Me it ordained bythe Oily Council of the ~ity of Dubuque:
Sro. ~. ~hat no porch~ gallc~ s~oop~ m' ~lab~orm~ shall bo
allowedto exbendin~o oru~on any sidewalk, more ~han four
an~ no r~iling or any sidewalk shall excee~ four fco~ in wld~h from
the building; ~nd ~ny violation hereof shall subjec~ lhe offender to
a pen~l~y o~ five dollars, and lo a like penal~y for ever~ day such
v~olallon sha]I continue after fl~e firsi co~viciion.
S~c. 2. ~hat no ccllar door ~or mercantile or off, er esmblish-
men~s, used for receiving goods or o~her purposes, shall ex~end
so as ~o occupy more ~h~n fi~e fee~ of any sidewaY, and are
al~vays to be kep~ shut, and secure, when not open for immediate
use, nndoe a penalty in each ease of five dollars, for each and every
offence.
S~c. 3. ~hai no bow-window, or other window, shall extend
inio any sidewalk more than rwen;y-fonr inches; nor shall any
sign project from any s~ore, or oiher building, into or over any
sidewalk or street, ~ore than ~hree feet, under a penaI~y of five
dollars for each offence to any person violating ~he provisions of
~his section, and ~o a like penal~y for every day such violation
shall con~inue, after no,ce to remove the same shall be given by
the marshal. And all signs heretofore erected or placed over the
sidewalk~ shall be removed within ~en days after such notice, under
a like penMty.
S~c. 4. ~ha~ no sign m' o~her pos~s~ shall be erected or placed
on or upon any sidewalk~ or streeg, or o~her public way, within
~he city Iimi~s; or, if heretofore orcc~ed~ shall be permitted
remain on or upon any sidewalk, or street, or other public way,
nnder a penMty of five dollars; and a like penalty for every day
such pos~ shY1 bo allowed ~o remain after notice to remove the
same shall be given to the owner or occupang of the premises by
the clgy marshal; bu~ nothing hcrdn contained shall prevent ~he
erection of one, and not ~o exceed Swo pos~s in fi'ont of each
building, for She purpose of higching horsep; every such post so
erected shall be not moro ~han eight inches, nor less tl~an six
inches in diameter, ann not *o exceed four feet in height, and
placed in a line with the outer edga of *he sidewMk.
~ITY O~ DUBUQUE,
157
S~c. 5. That all awnings hereafter erected, shall be elevated at
least eight feet at the lowest part thereof above the top of the
sidewalk, and shall bo supported without posts, by iron brackets,
or by aniron frame-wmqr attached firmly to the building, so as to
leave the sidewalk wholly unobstructed thereby. All awnings
heretofore erected in a different manner, shall be removed in a
reasonable time after notice, as herein specified. If any person
shall erect any awning contrary to tho provisions hereof, or shall
refuse or neglect forthwith to remove any awning or awnlngposts,
after notice in writing shall be given him by the marshal, to
remove the same, he shall be subject to a fine of five dollars, and a
farther penMty of five dollars Ibp each day he shah fail to remove
the same, after the lapse of five days from tho service ~hereofi
S~c. 6. That no person shall place any goods m' merchandise
for sale or exhibition, upon any sidewalk, or suspend any goods over
the same for sale or show, except as provided in tho next section,
or place or deposit thereon, cause or suffer the same to be done,
any cask, barrel, wood, stove, or any other article whatever, nnder
a penalty of tlvo dollars for each offence, and a like penalty for
each and every hour the same shah remain after notice from the
marshal to remove the same.
SEC. 7. That it shall be lawful for any person to place, hang or
sot out fro' sa~o any goods, wares or merchandise, on or over the
sidewalk, in front of and within three feet of his store or building;
it shall also be lawful for any person to place or leave for a period
not e:~coeding one hour, on three feet of the outer edge of the side-
walk in front of his store or building, any goods, wares or merchan-
dise, which he shall be in the act of receiving or delivering.
S~c. 8. That no owner or occupant of any dwelling house, store,
or other building, shall fix, put up, or erect, or suffer thc same to
remain fixed, put up, or erected, any sign, show-bill, show-case,
· canvass, or other thing, projecting from any building, or hanging
over the sidewalk more than three feet in fi'out of and fi'om the
wall of such building, nnder .a penalty of five dollars for each
offence, and a like penalty for each day the same shall remain,
after notice from tho marshal to remove the same.
Sro. 9. That the mayor or marshal, is hereby authorized to
cause any post, awning or othm' obstruction erected, placed or con-
tinued on, or over any sidewalk, contrary to the provisions hereof,
c~ OF ~U~U~U~. 159
to be removed after clue notice has been given to remove the same,
and a negiec~ ~o com~Iy wish such no,ice.
Sro. 10. Tha~ no person or persons, shall drive or back any
horse, wagon, car~, or o~lmr vehicle on any sidewalk, or rido~
drive or use any horse, wagon~ sled or sleigh thereon, unless
in crossing the same, ~o go inio a y~rd or lot, when no other suit-
able m. ossing or means of access is provided, under a penal~y of
two dollars for each
S~c. 1L That all cross-walks in the ciiy shah be kept and
reserved free from any sleigh, wagon, ca~s or carriages~ horses or
other animals, being placed or suffered to siand thereon, except so
far as may be necessary in crosding the same; and the owner or
driver of any sleigh, car~ or carrmge~ or bm'scs or other animals
offending herein, shall be subject ~o a penalty of two dollars.
S~c. 12. Tha~ no person shall al any time fasten any horse or
horses, in such a way tha~ tho horse, vehicle, reins or lines shall be
an obstacle lo ~he free use of the sidewalk or' cross-walk, undm' a
penMty of one dollar for each offence; and ihe person in whose
possession or usc, such horse or horses shall then be, shall ~bo
deemed the offender, unless he can show to the contrary ~o the
magistrate before whom he shall bo prosecuted.
S~o. 13. ~hag whoever shall in this city~ place or cause to bo
placed upon any of lbo sireeis, alloys, sidewalks or public squares,
any cord wood, ~imber~ lumber, s~ono or any oihbr species of prop-
cr~y or thing~ and shall suffer ~he same to remain more ihan
twenty.four hours after being notified by ihe marshal zo remove
~he same. shall be fine~ no~ less 6hun one nor more than fifuy
dollars.
S~o. 14. ~hai whoever shall ia this ciiy~ place or cause ~o be
placed upon any of ~he public stroots~ alleys~ sidewalks~ squares or
ihoroughfares~ m' upon the premises of any other perso% or upon
any vacant ]og~ any filth, carrion, trash or nuisance of any kind,
shall be fined not less than one, nor more than fifty dollars.
Sro. 15. ~a$ whoever shah in any way obstruc~ any s~rect,
aHoY, road or ihoroughfare, by placing therein any timbeL stone
or other thing, or in any other manner so as to hinder tho travel-
ing'lheroon, or re~der the sa~o dangerous, shall bo fined nol less
lhan One, mo~ more tha~ ~fgy dollars.
S~c. 16. That all ornamental or shade trees hereafter placed or
se6 out in any street shall be placed m' s~ ou~ within the ou~er
lines of tho sidewalk, and within two feet of saidouter line of the
sidewalk of such street, and every person placing, er eansing or
procuring to be placed, any tree con~rary ;o the provisions of this
section shall be fined not less than one, nor more ~han ten dollars.
S:sc. 17. That any pm'son who shallinjure or ~oar up any pave-
ment, side or cross-walk, drain or sewer, or any part thereof, or
who shall dig any hole, ditch or drain. ~n any street, pavement or
sidewalk, without the written permission of the mayor, or who
shall hinder or obstruct the making m' repairing of any pavement,
side or cross-walk, which is or may be making, under any ordinance
or resolution of the City Council. or shall hinder or obstruct any
person employed by the city, its street commissioner, or marshal,
in making or repairing any public improve~nene or work ordered
by ;he council, the street commissioner, or marshal, shall for each
and every offence be fined not less than five, nor moro than fifty
dollars.
Sac. 18. ~hat no person shall conssruc;, or cause to be con~
structed or made. any sewer, vault, cistmm or well. in or under any
s~ree; or alley in this city, without tho written perraission of the
mayor, under a penalty of not less than ten. nor more than fifty
dollars.
S~c. 19. That whenever permission is given any person to con-
struts any such sewer, vault, cistern or well, as is mentioned in the
last section, the person making or having chm'ge of such sewer,
vault, cistern or welk shall, during the whole of every night, while
such sewer, vault: cistern or well shall be open or uncovered, fence
the same with a good substantial fence, and cause a lighted lamp or
lantern to bo placed and kept near the same, so that it may be
plainly seen: and every such owner, occupant or person making or
having in charge such work, who shall neglect the requirements of
this section shall forfeit a penalty of twenty-five dollars.
Sac. 20. That all vaults under sidewalks in this city shall be
built of brick or stone~ and the outward side of the ga'sting or
opening into the street, shall be within one foot of the outside of
the curb-stone of the sidewalk; and all,such vaults shall be com-
pleted~ and the ground and sidewalk replaced over them within
two weeks after they are respectively commenced, and every per-
son neglecting any of the provisions of this section shall forfeit and
pay the sum of twenty-five dollars.
Sro, 21, ~hat whenever permission shall be given to any pox'.
161
son to lay any drain, sewer, gas-pipe or acqueduct along ox' in any
street or alley~ or to dig or take np any street ox' alley,
or sidewalk: he shall cause ~he s~me ~o be done in retch manner ~nd
within such time ~s ~he mayer shall direc~; and shall cause tho
same to be rebuil~ and relaid in as substantial and permanon~
manner as the same was before, under a penalty of ~wen~y-five
dollars.
SEC. 22. ~'hat all persons shall, by ~en o'clock every morning~
remove all snow, ice and dirt, fi'om ~he sidewalks in front of the
premises owned or occupied by them, undm' a penalty of one
dollar for each and every neglect.
S~c. 23. ~hab all persons o~ning or occupying any buildlng
this city, shall cause ihs pipes conducting ~he warm' from ~he eaves
of the building to be so constructed as no~ to spread the water over
the sidewalk; and every person neglecting ihs requircmeni of
this section, shall be subjec~ ~o a fine of ~en dollars.
S~c. 24. ~hat whoever shall in this city, dig u~ or remove any
sand, earth, gravel, stone or rock, ~rom any of ihs s~ree~s, alleys,
sidewalks, wharves or thoroughfares, or from any rublic square.
l~ or ground belonging ~o tim city, without ~he consen~ of the
City Council, shall be subjec~ ~o a fine of no~ less ~han five, nor
more than fifty dollars.
S~c. 25. Thai whoever sh~11 in ibis city ride, drive, lead, or
place any beast of burden, or vehicle, on any paved sidewalk or
footway, o~herwise than going into or out of premises owned or
occupied by him or his em~loym', shall be fined not less than one,
nor more than leu dollars.
Sro. 26. ~ha~ no person shall remove, or cause or permit lo be
removed, or shall aid or assist in removing any building in~o, ~long
or across any stree~ in tiffs city, without the wril~en permission of
the mayor, under a penal~y of leu dollars.
S~c. 27. ~h~t no person, owner of any building 1)e~nit~ed
be {emoved into, along or across ~ny s~rcet, ~lley, or public ground,
nov ~he contractor for moving such bulling, shall suffer m'
s~ch building to remain i~ any street, alley or public g~'ound for a
longer time than one day ~fter notice from thn marshal to remove
the same~ under ~}enaliy of five doll,s for each offence.
S~C. 28. ~hat no owner or occupant o~ ~ny live~ stable,
~agon or blaeksmRh shop, or other ~lace of business, sha~ suffer
a~y w~gourca~t~draY, c~a~ er'~th~ vehiele~ wh~ther l~f~ for
safe keeping, repair or otherwise, to be or remain on the sidewalk
or alley adjoining or fronting any such premises, nor on that half
of the street adjoining and fronting the same, under a penalty of
one dofiar for each and every offenca
S~c. 29. ~hat no builder or other person shall incumber or ob-
struct any street or alley with building or other like material,
without a written permit from tho mayor; nor shall, except in
case of urgens nccessity~ incumber or obstruct mm'e than one-third
of any street or alley, or one-half of the sidewalk; nor shah such
obstruction continue in any case longer than may be necessary in
the diligent erection of such building, or the prompt execution of
tho work; whoever shall violate any provision Of this section shall
be subject to a penalty of five dollars for each day he shall con-
tinue in violation thru'soft
Src. 30. 1~o person shall make or cause to be made, any erec-
tion or enclosure encroaching in whole or in part upon any street,
alley or sidewalk, under a penalty o£ not less than ton dollars, and
a like penalty for each day the same shah remain after notice from
the marshal to remove ~he same.
S~c. 31. ~he owner of any erection ox' enclosm'e already erec-
ted ox' placed and encroaching upon any s~ree~ or alley, who shall
not renmvc the same after thirty days' notice by the marshal, shall
bo subject to a penalty of not less than ten dollars~ and a like
penalty for each day he shall fail to comply with such notice.
CHAPTER 3O.
AN O~n~NA~0E defining Offences and prescribing the punishment
therefor.
)3e it Ordained by tl~e ~ity Council of the City of ~)ubuqus :
S~c. 1. ~hat any two ox' moro persons who shall assemble at
any place within the city for the pmTose of disturbing the peace,
or of committing any nnlawful act, and who shall not disperse
when commanded or requested by any peace ottlcer, shall each
severally be subject, to a penalty of not less than five, nor more
than fifty dollars.
S~o. 3. ~hat whoever shall bo found in any street, alley or
· public square of ~he city, intoxicated with liquor~ or shall wilfully
CITY OF DUBUQUE, 163
162 RE~rlSEI} ORDINANCES. , .
and malleiously disturb the peace or qeiet of the city, by making
loud or unusual noises, or by tumultuous threatening, or offensive
carriage, by fighting, or threatening to fight, or in any other man-
ncr, shall be fined not less than five, nor moro than fifty dollars.
· Sac. 3. That whoever shall at any public meeting or other
sembly~ or in any hotel~ tavern, store, shop,' or other place of bum-
ness or private residence, be guilty of any violent, tumultuous,
offensive or disorderly conduct, or shall make any loud or unusual
notes or disturbance; or shall use obscene, offensive, profane or
unseemly language, to the annoyance, disturbance or vexation of
others, shall be subject to a penalty of not less than five, nor more
than fifty dollars,
Sac. 4. That ~vhoever shall make a false alarm of fire, on any
false cry for assistance, shall bo fined no; less than five, nor more
than fifty dollars.
Sac. 5. That whoever shall parpo~ely ~or publicly make any
indecent exposure of his or her person; m' shall appear in a dress
not belonging ;o his or her sex, or in an indecent or lewd.dress, or
in a state of nudity, or shall bo guilty of any other indecent or
lewd act or behavior, shall be snbjeg~ to a penalty of not less than
five, nor moro than fifty dollars.
Sac. 6. That whoever shall sell. give, or oft'er fro' sate, any Judo'
cent, obscene or lewd book, picture, statue, or other like thing; or
shall oxhlbit or perform any indecent, obscene or lewd play, exhi-
bition or other representa;iol4, shall be subject to a fine of not loss
than five, nor more than fifty dollars.
Sac. 7. That whoever shall, in any place open to public view,
.writo~ mark, draw, eat or make any obscene, lewd or indecent
word or sentence, desigu or figure, shall bo subject to a fine of no~
less than five, nor moro than fifty dollars.
Sac. 8. That whoever shall indecently exhibit any s. md horse,
bull, jackass, or other llke animalin any public place, or shalllet any
such animal, except in some inclosed place out of public view, shall
be subject ;o a fine of not less than five, nor more than fifty dollars.
S~o, 9. That whoever shall inhumanly, craelly or unnecessarily
beat, abuse, or otherwise mM;real any dumb animal, shall be sub-
jest ;o a fine of not less than five, nor more than fifty dollars.
8~o. 10. That whoever shall wnfally, maliclouslyornegligently
tlefaeo~ break, acs;roy or injure ~ny public pr~por~y of the state,
county or city, or any private property, shall be subj6ct to a penalty
of not less than five, nor moro ~han one hundred dollars.
S~o. 1L That whoever shall, without authority, carry away or
remove; or shall wilfally, maliciously, or negligently deface, break,
destroy, or injure any monument, tombstone, tree, shrub, railing,
fence, or any other proper;y, article, or thing, belonging to any
cemetery, or burying ground within the city, or placed, or erected
therein for ornament or otherwise; or shall trespass on, 07' mal-
treat any grave therein, shall bo subject to a fine of not less than
five, nor more than one hundred dollars.
Sac. 12. That whoever shall wilfully~ maliciously, or negligent-
ly deface, break, destroy, or injure any street lamp, lamp-post, ;eh-
graph post, or telegraph wire, shall be subject to a fine of not less
than five, nor more than fifty dollars.
Sac. 13. That whoever shall, without due authority, light, or
extinguish any street lamp; or shall turn on tho gas therein, shall
bo subject to a fine of not loss than five, nor reeve than twenty
dollars.
Sl~c. 14. That whoever shall climb up any street lamp-post,
without lawful authority~ ox' shall fasten any horse, or other aui-
mai thereto; or shall place any goods, boxes, wood or other sub-
stance against the same, shall bo fined not loss than five, nor mm'e
than fifty dollars.
Sac. 15. That ~hoever shM1 wilfully destroy, or injure tho
pipes of any gas-light, m' water company, cohen'ut;ed for supplying
tho city or its citizens, with gas or water; or shall remove 07' in-
jure the eal~ or lid of any public cistern, shah be fined not less than
five, nor more than twenty dollars.
Sac. 16. That whoever shall, without tho consent of the owner
or oeonpant of the premmes, fasten any horse, or other animal to
any fence, railing, or tree, or to any boxing placed around any
tree; or shall' wfifully, maliciously, or negligently: m any manner
injure, deface, remove, ox' destroy any ornamental or shade tree, or
boxhyg placed around the. same, or any shrub, fence, railing, ga;s,
or sign, upon any public gu'ounds, sidewalk~ or private premises; or
shall: trespass upon any private premises or public grounds, and in-
jm-o, carry away, ox' destroy any ~ree, fruit, vegetable, plant,
shrub, ox' other thing which may be therein for ornament, or
otherwise, shall bo subject ;o a penalty of not less 'than five,
nor moro dmn one hundred dollars.
RI~¥IS~I)
- S~C. 17. ~hat whoever shall pu~osoly and rapidly, or
moderately ride or drive any horse or m~le, or cal~Ie~ or o~her
like animal, or ~y ~eam, in any s~reat or alley in the inhabi~
ted par~ of the city, shall be subject ~o a fine of no~ less ~han
five, nor moro ~han one hundred dollars.
Szo. 18. Th~ whoevei' sh~ll leave any horse Or mule, or any
~eam in any uninclosed or public place, without being fastened,
~ded, or secured, so as ~o preven~ its running away, shall be
fined not less ihan five, nor moro than fifty dollars.
S~C. 19. ~hat all ~ersons meeting each other in vehicles iu~ho
s~ree~s, alleys, or other ~ablic place, or u~on, m' near any bridge,
shall, unless the nature or s~ate of the roadway or ~assway shall
render it impracticable, each tu~ is ~he righ~ side of the ro~d, so
as ~o pass each o~her withou~ acciden~ or injury. Whoever shall
vlolate tho requirements of this section, shall be subject to
alty of no~ less than five, nor moro $h~n fifty dollars.
S~C. 20. That any ~erson, who shall nnnecessarily discharge
any firearms~ explode any fire-crackers, or other fire-works, or
throw into any street, or alley, any squib, or o~her article contain-
ing powder, or oiher explosive material, shall be subjec~ ~o ~ fine
of no~ less than one, nor more than ~en dollars for each offence:
~ovided, Tha~ tho Cily Council may, by resolution, suspend ~he
operation of tlm ~recedlng ~rovisions of this section, ia whole, or
in p~rb onthe Fourth Day of July, or ~ny o~her day of public re-
joicing.
S~c. 21. ~hat whoever shall keep, sell, or deliver any poison,
usually known or used as deadly poison, withou~ legibly marking
~ho name thereo~ or ihs word "Poison," n~on the ~hi~l, wrap~er,
or other inclosure containing ihs same; or whoever shall sell, or
deliver any arsenic, sirychnine, prussic acid, or other poison usu-
ally known or used as a deadly poison~ ~o any person known
him, without registering the name of such person, and thc kind
and quantiby of the ~oison sold, or delivered, and ihs purpose for
which ~he same was obSalned; or whoever shall sell, or deliver
any such ~oison to any ~e~o~ ~o him unknown, sh~ll be sabjec~
a penalty of not [ess than ~vc, nor more than fifty dollars in each
ease. ~u~ the sale or delivery of any such ~oison as medicine,
upon theprescri~iion of a practising physician, sh~ll not be deemed
a ~olation of this section.
S~c. 2~. ~ha~ whoever ~h~ sell, ~x~ose, or offer lop, sale, any
rock or diseased animal, poultry, or fish, co be used or eaten for
food; or the flesh of any sick, diseased, or o~horwise unwholesome,
dead animal, poultry, or fish; or the flesh of any animal: fowl m'
fish, not usually used or deemed wholesome for food; or any other
unsound or unwholesome provisions, or articles of food whatever;
or any adulterated or permcious milk, drink or liquors, shall be
subject to a penalty of not less than ten. nor more than fifty dol-
lars for oa~h offence; and any officer of tho city shall seize, or
cause to be seized and destroyed, any such food, milk, dxqnk or
other provisions so exposed or offered for sale.
Sr.o. 23. That any person found loitering about the streets of
the city, without'any legal occupation or business, or means of
suppor~, or who shall occupy for lodging, or any other purpose,
any barn, shed, shop, vessel or place, not kept for that purpose,
without permission of the owner, or person entitled to possession
thereof, shall be deemed n vagrant, and shall be punished by a fine
of not less than five, nor moro than fifty dollars, or by imprison-
ment in the county jail not more than thirty days.
S~c. 24. That whoever shall keep, maintain, fi'equent, be an in-
mate of, or connected with. or contribute to ~he suppor~ of any
disorderly, gaming, or bawdy house, house of ill-fame or assignal
tion. or any place used for the practice of fornication; or shal-
knowingly suffer, or permit any premises owned or occupied by
him, m' under his control t o be used for any such purpose, shall be
subjec~ to s fine of not icss than ten, nor more than fifty dollars.
Sr.c 25. Tha~ whoevsr shall be found in the city loitering abou~
saloons, ~averns, dram sliops, or houses of ill-fame, or wandering
about tho s~ree~s, either by day or by night, in a suspicious man-
ncr, or who shall have in his possession any lmplemen~ used for
counterfeiting, or for tho commission of burglary, or for picking
locks or pockets, or any other impIemen~ or device used by cheats
and swindlers, without being able co give a good account of him-
self, shall be fined not less than ten, nor more than fifty dollars.
S~c. 26. That whoever shall disturb any lawful assemblage of
people byrude or indecent behavior, or otherwise, shall be fined
not less than five, nor more than fifty dollars.
S~c. 27. Tha~whoover shall, tunny street, alley, or other publis
place in the city, use any profane, offensive, obscene or unseemly
language within tho hearing of other persons, or shall, in any
house or building, use such language la such ~ m~nner that the
166
REYISED ORDINANCES.
same may be heard by persons passing along tho streets, shall be
fined not less than one~ nor more than twenty dollars.
Sro. 28. That whoever shall, in this city, charivari any person
or persons, by blowing horns, beating drums, kettles or pans,
jingling bells, or by any such means as are used at what is com-
monly called a chevaroc, shall be fined not less than five: nor more
than twenty dollars.
Sro. 29. That whoever shall bathe or swim in the ~ississlppi
river, or in any other water course, pond or pool in the city, be-
tween one hour before sum'las and one hour after sunset, being
naked, or insufficiently clothed to provera tho improper exposure
of his or her person, shall bo fined not less than one, nor more than
twenty dollars.
CttAPTEI~ 31.
AN ORDINANCE to provide for the establishment of a City Police and
to prescribe Rules and Regulations therefor
Be it ordained by the City Council of the City of ~)ubu~ue :
Sro. 4. That the City Osnncil may at any time appoint such
number of policemen and night watchmen as thcy~may deem
necessary for ~he purpose of guarding nad pro~ec~ing tho peace
and quiet of the city and the lives and property of its inhabitant~,
to bo under the control of tho city marshal, subject to the orders of
the council.
S~c. 2. All police officers or watchmen must be citizens of the
~nitcd States and of ~he State of Iowa, and actual residents of the
city of Dubuque, an~ shall bo capable of speaking the English lan-
guage, and no~ interested or engaged in keeping any *avern,
saloon, coffee house, ~en-pln alley or beer shop~ and shall hold their
office duMng the wifi and pleasure of the City Council.
S~c. 3. All police officers or watchmen shall, before entering
upon tho discharge of their duties, take and subscribe tho usual
oath of office. By ~heir appointment and oath they shall be duly
constituted peace officers within the city limits, and it shall be
their duty ~o see that the lives and property of tho inhabitants of
the city are carefully watched over and guarded, and ~o prevent
as far. as may be in their power, the commission of any offence
against persons or proper~y. For these purposes they are hereby
CITY OF DUBUqUe,.
167
invested with authority;and it shall be their duty to arrest, with or
without warrant, and to imprison for tho time being, until they can
be brought before the proper court for examination or trial, all per-
sons who shall be guilty of any violations of the laws of tho State
or City.
Sro. 4. 2~ny policeman or watchman who shall be found asleep
while he should be on duty, or intoxicated, or absent front his beat,
or guilty of any dereliction of duty, or of improper conduct, shall
be complained of to the mayor by the marshal immediately on such
facts coming ;o his knowledge. The mayor may, at his discretion,
suspehd from duty such policeman or watchman until the next suc-
ceeding session of the council, when the marshal shall make report
to them of all the facts in the case.
Sro. 5. Any person who shah have committed a breach of' tho
peace, a felony or a misdemeanor, may be pm-sued whet]ever he
may go, and if ho take refuge in any house, enclosure or other
.place, the policeman, after stating his office and object, may, if per-
mission to enter be not given, break open tho doors or windows,
enter the house and arrest the offender.
Sro. 6. -All police officers are respectively authorized and em-
powered in a peaceable raanner (or ff refused admittance after
demand made. with force and arms,) to enter into any house, store,
shop, grocery, or other place or building whatever or wheresovor
in the city, in which any person or persons may reasonably be sus-
pected to bo for unlawful purposes, and if any person or persons
shall be found therein guilty of any crime or misdemeanor, or
violation of any law or ordinance for the presetwation of the
peace and good order of the city, or who may reasonably be sus-
pected thereof, or who shall be aiding and abetting such person or
persons so found, said police officer shall apprehend and keep in
custody such person or persons as in case of other arrests.
Sro. 7. Each and every member of the police, in his conduct
and deportment, must be quiet~ civil and orderly. In tho per-
ibrmanco of his duty he must maintain decorum and attention, com-
mand of the ~emper, patience and discretion; he must at all times
refrain from harsh~ violent, coarse, profane or insolent language,
and act with firmness and energy.
SEC. 8. No policeman shallacceptorrocelve fromanypersonwhile
in custody, or after such person shall have been discharged, nor from
uny such person's friends, any gratuity, rew~rd or gift~ directly or
indircctly~ or'any ~rtlcle or thing of vahtc, as compensation for any
damages sustalnod by him in the discharge of his duty~ without tho
w~qtten.permission of the mayor.
S~o. 9. 1% pofieeman shall compound any mTenco committed
against persons or propsrey, or withdraw any complaint therefm',
.withmtt thc consent of the mayor.
S~c. I0. ~o meraber of tho police shall communicate to any
pm. son any information which may enable any person to escape
from~ arrest ox' punishment, or enable them to dispose of or secrete
any goods or other valuable thing stolen or embezzled.
8sc. 11. And all policemen, when on duty~ shall wear the
insignia of their office on the outside of the ontermosv garmen;
over ~he left breast, conspicuously displaying the same, so tha~ the
entire surface thereof may be seen, excep; when caution may die-
;ate that the same shall not be exposed.
Sro. 12. ~o member of the police shall be ~bsem from duty~ ox'
leave the city, without tho consen; of the mayor.
.S~c. 13. All persons who shall be arrested by the police during
tho time the office of the police justiceshalI bo open: shall be token
immediately before said justice; and all persons who shall be ar-
rested at any other time, shall be conveyed to the calaboose, unless
otherwise ordered by the mayor or marshal, or unless it shall re-
quire a place of greater security~ in which case he, or she, shall be
immediately taken to the county jail.
Sro. 14. Any officer or policeman who shaI1 wilfully maltreat or
use unnecessary violence toward a prisoner 'or other person, shall~
on complaint being made and the fact established, be suspended or
discharged, at the pleasure of the mayor.
S~c. t5. ~he marshal shallkeep in vho calaboose shook in
in which shall be ~ntm'ed, by the officer making the arrest, the
name of every person by him. arrested and placed in ~he calaboose,
with the date of the arrese and cause thereof, with guch other
facts as he shall deem proper and necessary. And a~ the end of
each month said marshal shall report to the City Council the dis-
position which may have been made of tho persons so confined.
S~o. 16. The marshal shall every morning, on the opening of
the police court, cause tho persons who may be detained in the cab
~beose the night previous, and all propor~y which may have come
into his possession during the night, to be conveyed to the police
¢ou_~ accompanied by the pollaeman who made tho'arrest; ~nd
ciTY o~ ~)u~u~v~. 169
said policeman shall file tho information, read tho Wa~Tant to the
prisoner, and become a witness in relation to the. charges made
against the prisoner; and shall~ in case such prisoner be convicted
and pays the fine, be entitled to receive such fees as are paid to a
constable for like services.
Sro. 17. I~ackmen, cabmen, omnibus drivers, porterS, runners,
and other persons, when at ox' about any railroad depot or station,
or steamboat, or o~her landing, or o~her public place in ~he ci~y,
shM1 obey the: ~ommands and directions of ~he police o~cer, or
policeman, and ~he marshal and deputy marshal, who may be
s~a~ioned or doing du~y at or about such place, for tho pux~ose of
preserving order aha enforcing ~he laws of ~he c~y. Whoever
shall refuse ~o obey ~he commands or directions of said officer or
officers as aforesaid, shMt be subjec~ ~o a fine of no~ less ~han one,
nor mm'e than twenty-five dollars.
S~o. 18. ~he policemen and watchmen shM1 obey the orders of
the marshM, and shall report ~o him all violations of the city ordi-
nances and of the laws of ~he S~ate committed wlthln ~he city,
which may come ~o *heir knowledge. And all suspicious persons,
bawdy houses, gambling houses, and all o~her places where idlers,
disorderly and suspicious persons congwega~e.
Sro. 19. That any'person who shall rescue or take fi'om the
custody of any officer of the city, or preven~ ~he arrest of any
pm'son, or in any manner reMst, oppose, impede or obstrue~ any
policeman or watchman in the discharge of his duty, shall, upon
eonvic*ion, be fined ngt less *hun ~wen~y-five, nor more than one
hundred dollars.
Sro. 20. That any policeman or watchman who is resisted in
m~ing an arrest or from whom a rescue ip a~empted, or who is
tbreibly resisted in ~he lawful discharge of his duty, may require
the aid of any citizen preseng, and if such citizen shall refuse or
neglec~ $o render ~he aid requlred~ he shall upon convlc~ion be
subject to a fine of no~ less ~han one, nor more than twenty-five
dollars.
Sec. 21. Whoever shall falsely represent himself ~o be an o~cer
of this city, or shM1 without authority, exercise or at~emp~ ;o exer~
else any bf tho powers, du[ies or functions of any city o~ccr, shM1
be subject ~o a penal~y of not less ~han ~wenty-five~ nor more ~h~n
one nurtUreS dollars.
170
ORDINANCES.
CHAPTER 32.
AN OnI)xNA~CE m provide for the Levy and Collection of Taxes. Bs it ordained bythe ~y Council of the ~ty of ~ubuqu~ :
S~c. 1. ~ha~ for ~e purpose of defraying ~he curren~ ex~enses
of the cRy~ ~hcre shall be levied by ~he City Council in each year,
upon all ~ax~ble ~roper~y in ~he cry, bo~h ~e~l ~nd ~ersonal, such
mx as'~he counci~ m~y, by resolutio% de,ermine. ~f it shall be
necess~y ~o levy ~ ~ax ~br ~ho lmrpose of ~aying ~he debts of She
city, the amount shall be specified in ~he resolution. The amount
of mx levied ~or such purposes shall not exceed in ~ny year the
sum of one per cent. upon the assessed value of the taxable prop-
er~y in the city~ for tho year in which such tax may be levied.
S~c. 2. ~hat the city assessor shall, in each year, make ou~ in
book provided by the city for ~he purpose, a list of ~11 the real
estate and personal proper~y, subject to ~axation in the city~
tether with an ~ssessmen~ of tho value therco~ and shall re~urn
the same t0 ~he city rocordcL on or befbre ~he first day of Augus~
in each year. Said list shall sci forth in numerical order~ all lbts
or divisions of ground in ~he city~ under ~he appropriate heads of
city logs, additions, or ~ineral lo~s, and shall fix a value on each
lot, or par~ of a lot which may be divided between ~wo or more
owners, wRh the hnprovements thereon, lie shall place in said
list against ~he number of each lot~ ~he name of the owner~ when
known. Said list sh~ll also se~ forth, in ~lphabe~ical order,
n~mes of ~11 ~ersons~having personal proper~y subjec~ ~o t~xation
by the city~ and shah express ~he amom~g of such personal prop-
er~y by i~s value in c~sh, under separate heads, as required in the
assessment for s~e and d0unty purposes. Any improvmnen~s on
real estate made prior ~o ~he first d~y of Augus~ of any year shall
be assessed in such year: and any personal propervy subjec~ $o tax-
a~iom, found in ~he city p~or ~o said month of Augus$~ shall be
cluded in the assessmen~ of such year. ~he assessor shall retmm
with said list, a statement of the total amount 'of real and ~ersona]
prope~y assessed. If the collector shah discover~ after the re~urn
of the assessment, any property subject to taxation as herein pro-
vided, and which shall h~ve been omitted from tho assessmefi~, he
shall assess ~he s~mo and m~e an entry ~hereof in ~he tax~book
for the year, and if real estate, in the tax-book of any year from
which the eam~ ~ay h~ve been omitted. If ~ny assessor shah fail
CITY OF DUBUQUE.
171
or neglect .to return the assessment book completed, at the time
herein required, he shall be liable to a penalty of five dollars for
each and every day that the same shall be delayed after such time,
which penalty shall be deducted from any compensation allowed
him for making the assessment.
S~c. 2. The recorder shall, upon receipt of the assessment book,
give notice in two of the newspapers of the city having the largest
circulation, that the said book is ready fox' the inspection of tax-
payers, and will continue open till the first regular meeting of the
City Council, in September, when any person feeling aggrieved by
the assessment of his or hex' real estate or personal property, may .
appeal to the council ibp correction: Provided, That if the asses-
sor should not rmurn the assessment book at the time required by
this ordinance. ~he council may, by resolution, ex;end the time for
appeals until the expiration of one month from the date of snob
re;urn.
S~o. 4. The council shall, at its first regular meeting in Septem-
ber, appoint a committee on assessments, consisting of one aider-
man from each ward, to whore all appeals from the assessment
shall be tefra'red, who shall hear and doclde upon all such appeals,
and shall also equalize the assessment, ii' in their judgment it shall
require revision, and shall report their proceedings to the council
at ~he first regular meeting in October.
SEc. 5. That the recorder shall make such corrections in the
assessment as may be determined by the council, and shall proceed
forthwith to transcribe the sane, if necessary~ and to carry out in
separate columns the differenl taxes levied by the council, with the
total tax of each person, firm or corporation, tie shall complete
and deliver the .tax book to tho city collector, on or before the first
day of ])ecember, taking duplicate receipts therefm5 one of which
he shall deposit with the auditor, and for each day that he shall
retain the ~aid book after the first day of ])ecember, he shall for-
feit and pay for the use of the city, ;he sum of five dollars, which
shall he deducted fi'om his salary.
SEc. 6. The collector shall, 'upon the receipt of the tax book,
give notice in the papers of the city, continued for one month, that
he is prepared to receive the ~axcs, andthat all personspaying
their taxes before the first day of January new following the levy
of such tax, will be entitled to a reduction of ten per cent. upon
the amoun~ of their taxes; and all ta~es unpaid on such first day
af~'~ ~hat da~o, ~ho collector sh~l;~tinne ~o receive taxes after
ahoy have become delinquenb ahtll collected by distress and sMe
but if ~hey are no~ paid befor, e *he firs~ day of ~ebrtmry, he shall
eollec~ tho same in the manner heyeiBafter provided.
to~ shall proceed to collect, by seizure of~e~sonal p~operty l~able
taxation, if any caabe found, belongingto the person owing such
;axes and sell ~he same at publle sMo, a~er giving ten days' notice
by publication in the p~ei~l ~aper of the city. ~e shall ~eceive in
case of such seizuro ~,~l~k~ s~me See~ ~s sre allowed by law
*o *he coun*y *reasure~ ~?scrvlces. Any su~lus remaining
a~ve *he ~axes, charges 0~':~di)ing and fees of sale, shM1 be
~u~ea*o ~he owner.
S~o. 8. ~he collector shal~, as soon as may be, after *he first
day of February~ in each year, offer a~ public sale, $~ *he city hall,
all rem es~a~e upon which *axes are due and remaining unpaid.
and ~he sMe shM1 be made for, and in paymen~ of She ~o~M amoun~
of *axes, interes~ and costs due aud unpaid on such real
properW, ~he collector is required ~o give no,ice of ~he sMe, by
publishing an adver~isemen~ *hereof in *he o~ciM paper of*he city,
once a week, for four wc&s prior ~o *he day of sMe. Such
;isement shall s~a~e *he *ime and place of sale, and cnn*alu a de-
scnp~ion of *he severM pareds of property *o be sold, as *he same
~e reeo~ded in ~he $~-book, ~he amount of taxes on each *pact of
land, wlgl~ interest aha cos;s, ~he year in which such
were lovled, and ~he names of ~he owners, when known, or the
persons, if any, to whom taxed. ~e shall Mso charge and collect
in addftion, ~he stun of ~wen;y cents for each lo~ or ;rfc; of land
advertised for sMe.
S~c. 9. ~he sale shah *ake place between the hem's of nine
o'do& in ~he fbrenoon, and We o'do& in ~he afternoon, and may
be adjourned fi'om day ~o day, B~naays excepted, nn~il all such
~eM estate is sold, or as long as ~here are bidders. The sale shall
include aH p~operW upon which *axes of any former year remain
ddinquen;, bu~ no adve~isemen; shall be required of land offered
for ~Me a second time for *he same tax.
S~c. 10. The collector shall proceed at ~e time and place, and
on the day specifies in such advertisement, ~ sell separately each
CITY OF DUBUQUE.
173
lot or parcel of real property advertised for sale. The person who
offers to pay the amoum of taxes duo on any parcel of laud for tho
smallest portion of tho same, is to be considered the purchaser, and
ho shall designate the portion of the lot for which he offers to pay
the amount due on the whole, as soon as the bidding on such lot is
concluded. The collector shall make out, sign and deliver to the
purchaser of any rcm estate sold for taxes as aforesaid, a certificate
of purchase~ describing tho property on which tho taxes and costs
wore paid by the purchaser, as the same was described in the rec-
ord of sales, and, also: how much. and what pat'; of each lot or
tract was sold, and stating tho amount of each kind of taxes, with
interest and cos;s, fbr which each tract or lot was sold, and that
payment had been made thereof. If any person shall become the
purchaser of moro than one pared of propm'ty, he may have the
whole included in one certificate. Payment shall be made at the
time of sale, and, on failure of payment at such time, tho land or
lot shall again be offered ftr sale.
S~c. 11. The collector shall make a record of all sales, in a book
to be kept by him for that purpose, describing the several parcels
of property on which the taxes and costs were paid by the pur-
chaser as desto'ibrd in the ;ax book, stating ~n separate columns
the amount of each kind of ;ax with interest and costs for each
lot, how much, and what part of such lot was sold, ;o whom sold,
and date of sale.
S~o. 12. All real proper~y sold for taxes in pursuance of this or-
dinance, may bo redeemed on tho same terms, and within the same
time after sale, as is now provided by law fox' the redemption of
real estate, sold for state and conn;y taxes. Payment of tho amount
required for such redemption shall be made to the collector then
in office, who, if satisfied that the party offering such payment has
a right to redeem tho proper;y, shall issue to such party a certifi-
cate of redemption, sc;ting forth the facts of the sale substantially,
as contained in the certificate of sale, the date of redemption, tho
amount paid, and by whom paid and received, and he shall make
the proper on;rios in the book of sales in his office, lte shall re-
port such redemption ;o tho City Council a; their next regular
meeting ;hereafter, and they shall order the amount received to be
l~id to the holder of the cetqifica;e of sale. whenever the same
shall be presented for such payment.
Sro. 13. Immediately after the expiration of three years from
i~EVISED OEDINANOES.
the date of tile sale of any land for rexes, the collector then in of-
rice: shall make adeed for each lot or tract of land sold. or remam-
ina unredeemed, and deliver the same to the purchaser upon the
return of the certificate of sale. Any number of lots purchased by
one person, may be included in one deed, if desired by the
chaser. The deeds shall be executed substantially in the form
qmred for deeds from the county troasErer, To purchasers of land
sold for taxes, For each deed to an individual purchaser, he shall
pay into the treasury, the sum of one dollar, and fifty cents addi-
tional for each [et of land~ more than one, included in the same
deed. The deed shall be signed by the collector in his official
pacify, and acknowledged by him before some officer authorized
to take ackuowledgmonts of deeds.
SEc. 14. If, at any time, the collector shall be informed of' the
intention of any person to dispose of personal proper~y upon whicll
taxes are delinquent, and shall have good reason to bsltevp that
such disposal of property will prevent the collection of taxes, he shall
forthwith proceedto collect such taxes by distress, and sale of tho
said propcrry~ or so much thereof as may be required to produce
the amount of such tax. Any sm'pins remalnihg above tile taxes,
charges of keeping and costs of sale. shall be returned to the owner.
And all taxes, of whatever nature and description, due and
paid, shall be held to offset any claim against the city, from the
person or persons who may be legally liab]e for the payment of
such taxes. Whenever any pa~[mem from the city treasury shall
be ordered by the council, it shall be tho duty of the rocorder~o
ascertain from the collector before drawing the orders for such
payment, whether any taxes shall be due and unpaid from the pet'-
son os' persons to whom such payment is to be made, and if any
such taxes be shown upon the books of the collector, such orders,
or so much thereof as will be sufficient to pay such taxes, shall be do-
llvered to the city collector, who shall receip; for the same to the
mtffitor, and shall also receipt to the person owing such taxes for
the amount of taxes so paid. Igc transfer of any claim against the
city shall be held to authorize the recorder to draw such orders in
favor of any other person than the original holder of the claim,
unless retch transfer shall have been effected before tile taxes-be-
came due.
SEe. 15. Any person who shall, by force, resist or impede the
collector in discharging the duties of his office, shall, upon convic-
CITY OF DUBUQUE.
175
tion of such offence, forfeit and pay for the uso of tho city a fine of
not less than ten dollars, or bo imprisoned no~ less titan thirty
days.
SEC; 16. The collector shall preserve in his office, iua book to
be kept for tile purpose, copies of all notices of sale of personal
property sold for taxes, and also a copy of each number of tho of-
ficial paper in which tho sale of real estate for taxes shall be advcr~
tisod, lie shall keep true and correct aCCOURtS of all sales, with
amount of taxes, interest and costs, moneys received attd by whom
paid, date of payment of taxes, amounts paid, and of all ~ransac~
dons in his official capacity as collector of the city.
SEa 17. In the collection and receipt of taxes, tho collector
shall receive in pajCment the~oi; orders drawn upon the treasurer
by authority of the City Council, payable ou~ of the respective
funds: _Provided. That the amount of tax aproprlated to tho gen-
eral, and each of the special funds, shall be paid in orders on the
fund to which the tax is appropriated, and that for the special
retest tax, only specie, or current bank notes shall be received.
SEC. 18. All ordinances, or provisions of ordinances, inconsist-
ent with this ordinance are hereby repealed, excep; an ordinance
entitled "An ordinance to provide for the collection of all taxes~
rates and special assessments levied on property within the City of
Dubuque, passed July 7th, 1868. and amendmen; therct% passed
December 8th. 1868, which, for the purpose of collecting all taxes
now duo the city, is hereby continued in force until January 1st,
A. 19. 1870.
Sro. 19. All taxes due the city, and which may remain unpaid
on the first day of January, A. ID. 1870, shall be collected in the
manner provided in this ordinauce.
CliAPTER 33.
AN ORDINANCE relating ~o the Fire Department.
Be it ordained by the City Council of the City of Y)ubuque :
SEC. 1. The fire deparmmnt of this city shall consist of a cbief
engineer and one assistant engineer, or more, as tho City Council
laay determine, and the members of such fire companies, and book
176
R~,¥'ISED ORDINANCES,
and ladder companies as may fi'om time to time be organized, by
authgri~y of the City Council.
S~c. 2. Tho whole fire departmem shall be under the command
of the chief engineer. It shall be his dutyto exercise a constant
supervision over the fire department; he shall have the general
charge of tho property of the city connected with the fire depar;-
men~. and shM1 see ~ha~ tho ad,ne is always kep~ in good repair
and ready for immediate use. ~e shall order and procure such
repmrs ;o be made upon the engines or other fire app~'a~us, aa
may be necessary; but shall not incur at any one time an expendi-
ture exceeding fifty dollars, without the consent of the ~ayor. ~e
shall have charge of ail the public elsie, s, and shall see that the
same are at ail times supplied with watei', and in a proper condi-
tion for use. I{e shall attend at all fires which may occur i~ the
city; and M1 orders given by him a; any fire to any assistant
engineer, company or fireman, shall be promptly obeyed. It shall
be his speciM duty ;o see that the provisions of this ordinance are
strictly enforced and obeyed. The duties re~nlred by this ordi-
nance of tho chief engineer shall, in his absence or inability to act.
be performed by the assistant engineer, highest in rank, present.
~e shall make report semLannually, in the months of January and
July, or oftener, if required, to the City Council, of the property
of the city connected with the fire department, and the condition
of the same, and from time to time of such additions and improve-
men;s, as he may deem needful to preserve the e~ciency of tho
department and such other matters rdating ;hereto as may require
~ho action of the council. He shail certify to ail bills presented to
the council for expense incurred by his order or consent. He shall
make return to the Clty Council at ~ery regular session thereof
of the names of ail the o~cers and members of companies belong.
~ng to the department with the date of admission of such as have
become members since his last report.
S~o. 3. It shall be the duty of thc assistant engineers to repair
immediately ;o evewfire that may occur in the city as soon as the
alarm may be given; to obey M1 orders of the chief engineer g~ven
to them or either of them while on fire duty, and to assist him in
the discharge of his duty as far as possible. In c&se any assistant
engineer shM1 be guilty of disobedience, disrespect o~ other im~
proper conduct, or neglect of duty, it shall be the davy of tho chief
engineer to report the same to the City Council,
CITY O~F DUBUQUE.
177
S~c: 4. The Chief engineer and assistant engineers shall be
pointed by the City Council, and shall hold their offices for the
term of one year, and until their successors shall be appointed and
duly qualified, and shall receive for their services such sums as tho
City C6uncil shall allow, payable frets the city treasury.
S~e. 5. When on duty, the chief engineer and assistant engi-
nests'shall each wear a white fire cap, with the name of his offce
onthe fi'ont. No edp of the same color shall be worn by any other
fireman. The chief engineer and the assistant engineers shall sev-
erally have power to command such assistance fi'om the inhabi-
tants of the city for tho suppression or extinguishing of fires, and
for the preservation of property exposed to fire, as maybe rec!uir-
ed. They, or either of them, shall have full power ;o suppress all
tumults and disorder at ares; and (he chief engineer, or assistant
engineer in command, shall have power to order any company,
fireman, or othm' person, away from the neighborhood of said fire.
In ease any person shall refuse or neglect to render assistance as
above required, and shall not be excused by the engineer in com-
mand, or shall refuse to obey any other lawful command of the
chief or an assistant engineer, or if such fireman or other person
shall refuse or neglect to depm't when ordered so ;o do as aforesaid,
the fireman or other person in either case so offending shall for
each offence forfeit and pay a fine not exceeding twenty, or less
titan five dollars.
S~O. 6. The fire department shall continue as at present organ-
ized, with suck additional engines, hose, hook and ladder or bucket
companies as may from time to time be needed; but no fire com-
pany shall hereafter be established except by authority of the City
Council, and subject to all the provisions of this ordinance.
S:~C. 7. ~Each company in the fire department shall be under the
immediate command of a foreman and other officers to be elected
by the members of said company from their own number. The
foreman of s~cl~ company shall have the special charge of the
property of the city ;o which his company may be attached. It
shall bo his duty ;o see that said property is properly taken care
of, and to report any deficiency, defect or want of repair therein,
as soon as known ~o him, to the chief engineer. ~ach foreman
and the company under his command, unless excused or otherwise
directed, shall proceed as soon as practlcable, with their engines
and apparatus, to every fire that shalk occm' in the city, and shall
178 n~VISB~)
prooeed~ under euch directions as may bo given by the chief engi-
neer, or either of the assistant engineers, to locate their engine and
appara~us~ and do all tha~ may be necessary towards extinguish-
ing ~he fire and the preservation of proper;y e~osed ~o fire, and
shall no~ remove therefrom wi~hou~ permission of an engineer, if
any be present, and on such permission they shall return ~eir en-
~nes and fire ~ppara~us ~o their respective pl~ces of deposit. If
any company shall; without permission, leave any fire with ~heir
engine or fire apparatus, or shall neglect ~o re~urn ~he same
aforesaid, the chief engineer shall repo~.said company to the City
Council, who shall take such action as ~hey ~ay deem proper. No
person shall be admitted as a member vf any company belon~ng
to the fire departmen~ who is nov of the age of eighteen years or
Src. 8 No engine or o~her property belonging to the city~ con-
needed with ~he fire department, shall be taken ou~ of ~he city~
unless under such regulations as ~he ~hief engineer may fi'om time
to time establish, nor sh~l more than two fire engines leave the
city a~ any one time. ~o engine or o~her fire apparatus shall be
plied to private uses, or be taken from the house where it is usually
kept, excep~ in c~se of m~ alarm of fire, or for practice, wiflmut
permission of the chief engineer~ or of an assistant, if the chief is
absen~ from ~he city.
Src. 9. No fire engine, hook and ladder truck, or hose or
bucket car~, sh~t, m going ~o or returning from any flre~ or a~
any other time. be ~mn or drawn upon any sidewMk, excep~ by
the special order of ~ho ehieq or an assistan~ engineer, nnder a
penalty of fivb dollars for each offence, to be forfeited and paid by
each and every person adjudged guilty of ai~ng or assisting m
such offence.
S~c. 10. No cards, dice, or other articles used for gaming, shall
be brought in~o or suffered to remain in any building, used as an en-
gine house, nor shall any spirituous liquors be used ~hereln, and no
such building shall be opened on Sunday, except in case of an alarm
of fire.
Sro. I1. Any person who shall be conviehed of insul~ing, menu.
ting, or w~ntonly interfering wi~h any engineer or fireman, while
on duty~ or shall wlthou~ authority give ~ny order to any engineer
er fireman~ while on duty, shall for each offence forfeit and p~y a
~ne of sot less th~n five dollars,
CITY OF DUBUQUE.
179
S~C. 12. There shall be paid to each fire company, in quarterly
payments, in each year~ for keeping clean their engines, fire uppers~
tus and houses, and for other expenses, except repairs~ such sum as
the City Council may fi'om time to time determine.
' Sro. 13. No person shall open m' leave uncovbrcd any of lhe
public cisterns, or take any wa~er therefrom, except for the put.
pose o~ extinguishing fires or washing fire appar~tus~ under
penalty not cxdeeding ten doilm's for each offence.
S~c. 14. The fire engines, hook and l~dder ~rucks~ hose carts,
hose, bucke~s, hooks ~nd ladders, ~nd other fire ~ppar~lus, and the
houses mxd l~ndsused therefor~ ~re ~nd shM1 be subject lo control
~nd direction of lhe City Counc~, ~nd nothing herein conl~ined
shall dlves~ the city of i~s property, or in any ~anner impair its
right at any time to take possession of the same, or any portion
thereoZ
S~c. I5. No person, except by direction of the chief engineer,
or other officer in command ~t any fire, shall furnish, seil, or give
to any fireman during the fire, ~ny ]intoxicating liquor of any kind,
under a penalty of not 1ess than five, nor more than fifty dollars.
S~c. 16. It sh~ll be the duty of the marshal and deputy
shal to repair immedi~tely to eveW fire that may occur in the city,
as soon as the alarm may be given, and they, or either of them,
may prescribe limits in the vicinity thereof, within which, no per-
son not residing therein, or no~ connected with the fire dep~rtment,
or usefully emplwed in extinguishing the fire, shall be permitted
to come, nnder a penalty of five dollars; and they, or e~ther of
them, may appoint as property guards, such ~ number of known
~nd reputable citizens of tho city, as may be necessary to aid
guarding, protecting and preserving of property at any fire; and
the persons so appointed shall have and posses~ the same powers
as police officers during tl~e time they shall so act, and the m~rshal
sh~ll return a list of such persons to the City Council, ~nd they
shall be entitled to receive such reasonable compensation as the
City Council m~y
Sro. 17. Whoever shM1 wilfifily, maliciously, or negligently
break, deface~ destroy, or in any manner injure any fire-engine, or
other fire apparatus belonging to the city, or shall; in ~ny manner
injm'e, or interfere with any of the public cisterns, or any platfom
constructed for the use of the steam-engine, Or shall in any m~nner
obstruct, or ~cumber with lumber, wood or other mat~ri~l, any
180
i~EVIS~D OI~DINA,NOJ~B,
passage way to such platform, shall be fined not less than $10, nor
moro than B100 i and the passage way herein mentioned is declared
to be the space often feet on each side of tho direct line fi'om such
platform to the nearest poiut on th~ nearest street, in the viMnity
of such platform.
CHAPTER 34.
Az* OmnI~ANOm to define the Limits of the Fire District.
Be it ordained by the City Council of the City of 2)ubuque :
Sro. L ~h:~ all ~h~ ~ae~ or,he ci$ylying within the following
limi$~ is hereby denominated ~h~ fire dis~icS, viz: between
sou~h line of lots fronting on ~he south side of ~o~es s~eee~, on
sou~h; ~ho alley between White and Jackson streets on
eas~; ~h~ wes~ line of the lots fronting on ~he wes~ side of ]]luff s~reet
o~ ~he west, and Se~en~eenth street on the next,h, and including
lo~s fron$1ng ca ~he no~h si~e of said street, between said ~luff
and Whit~ streets.
S~c. 2. Tha5 no pe~son shah hereafter e~ec~, or place
buil~ng~ o~ar~ of a bulling, wi~in the fi~e limi~s of the city unless
all.~he outside walls thereof sh~l be built of sto~e, brick, or o~her
fire,~oo~ ~$e~al. Andif any building or r~rt of ~ building nov
muds and constructed of s~one, brick, or other ~re-proof material,
shall b~ erected ~r pI~ced within ~he a~oresald prescribed limits,
contrary ~o ~he ~rovisions of this ordinance, ~he owner or owners,
builder or builders~ shall severally forfei~ and pay ~he sum of fifty
dollars; an~ e~ery building~ or add~tion to any building erected or
placed w~hxn smd hm~s m wolat~o of this ordinance~ is declared
a nulsance~ and shall immediately be abated by the city ma~shaI.
S~o. 3. ~hat noting con~aine~ in ~he preceding sgc~ion shall
pro~bi~ t~ erection ~i~in the afo~es~d p~eso~b~d limits of
building of wood, which shall no~ be moro th~n eigh~ feet square,
nor of any wood house for kee~ing and s~oring fire-wood, which
shall no~ exceed twenty feet in length, twelve ia ~i4~h and twelve
fn height~ no~ of any b~ which shall no~ exceed t~enty-four
fee~ in l~ngth~ s~t~ in ~id~h, ~d not more ',th~n t~el~e feet in
h~ght~ ~om the s~rfaee of the earth ~o ~he roofi 2revealed, ~u~h
small build~) er woo~ house, or ba~n.~hatl nob
OITY OF DUBUQUE.
181
upon any street; and the City Council may, by special permit, au-
thorize the erection of any frame buildings within the limits afore-
said, on application in writing being made and signed by the own-
ers of not less than two-thirds of the block upon which such bnilding
or addition is to be erected or placed.
S~c. 4. iq-o wooden building, or part of any wooden building
within tho' fire limits shall be raised or enlarged; nor shall any
such wooden building, or part of any wooden building within tho
fire limlts~ bo removed to any other place within the same; nor
shall any such building, or part of building be ten'eyed into the
fire limits from without the same; nor shalk any wooden building
within the fire limits, which may become damaged to the extent of
fifty per cont. of the value thereof, by fire or other casualty, bo re-
paired or rebuilt; nor shall any such building, when the damage
thereto is less than fifty per cent. of its value, be so repaired as to
be raised higher than tho highest point left standing after such
damage shall have occurred: or so as ~o occupy a greater space
than before the injury thereto.
S~c. 5. The amount of, or extent of damage that ~nay bo done
to any building, may be determined by ~txree disinterested persons,
residents of the city, one of whom shall be chosen by the owner of
the building, the secox/d by the mayor, and the two so chosen shall
select the third, and if the owner refuse ~o make a selection, tho
maym' may select for him, and the decision of the persons so chosen
shall be final and conclusive.
S~o. 6. ~hat any owner or builder, or other person who shall
own, build~ or aid in the erection, raising, enlarging, or repairing,
or removing of any buil(~ing within the fire limits~ contrary to the
provisions hereof, shall be subjec~ ~o a penalty of not ]ess than
twenty-five: nor more than one hundred dollars, and every such
building so erected~ raised, enlarged repaired or removed, shall be
deemed a nuisance, and the marshal may, when directed by tho
City Council, abate tho same.
O/~APTEt~ 35.
AN OI~DINA~OE relating ~o Gunpowder.
/Be it ordained by the City Council of the City of 2)ubu~u¢ :
S~c. 1. ~To person (excep~ persons keeping not exceeding cwo
pounds for their own use,) shall keep, sell, or deliver guupo~vder
182
REVISED ORDINANOES.
within the city, in any quantity, without a written permit from
the city, signed by the mayor and attested by tho recorder under
the Seal of the ciW, under a penalty of twenty dollars.
Sro. 2. 1% person to whom any permit shall be granted to keep or
s~ll gunpowder, shall deposit or keep in store exceeding fifty ~ounds
of gunpowder within the city~ a~less the same be kep~ in a ware-
house or o~her building situated a~ 1east three hundred feet from
any other building, nor shall he. a~ his ~Iace ofbuslness: or else-
where wiihia the oily, soll~ or deliver any gunpowder, camphene,
or other like explosive substance or liquid, by any fire, candle, or
lamp-ligh~ unless i~ sealed cans, canisters, or cases, under a pen-
alty of not less than five, nor moro than ~weniy dollars for each of-
fence.
Sro. 3. Any person keeping gunpowder in any building, shall,
in case of such build~ng ~aking fire, or being in danger oftaklng
fire from any burnin~ building near, or adjacent ~here~o, immedi-
ately canse such gunpowder to be removed; and in case he shall
be unable to remove ~he same, he shall ~or~hwith notify ~he o~cer
in command at such fire, of the location an~ quanSi~y of such gun-
powder, an~ for a failure to comply w~h ~he requirements or,his
section, he shall be subject to a penalty of no~ less ~han twen~y-
five~ nor more ~han one hundred dollars.
SEc. 4. ~fi~ shah come to the knowledgoof the mayor~ m' he
has good reason to believe that any person keeps, or has on hand
a grea~er quantity of gunpowder ~han is authorized herein, or any
quantity whatever, in violation of ~he provisions hereo~ he shall
direct ~he marshal to examine ~he premises of such person, and if
gunpowder be found ~hereln kep~ in violation ofbhis ordinance, ~he
marshal shafl remove the whole thereo~ and ~hc permit of such
~ersonr if he have one, shall be forfeited ~ an~ the marshal s~il have
power to enter any building or premises~ or any part ~hereoq for ~lm
pu~ose o~ en~orclng tho requirements of this section.
S~C. 5. ~o rermlC shall be gran~bd ~o ~ny notoriously i~empe-
rate, or lmpruden5 person; and all permits granted under ~he ~ro-
vision~ thereoq shall expire on bhe ]as~ day of ~arch~ in each year.
GtIAPTER 36.
AN ORDINA~Cr in relation to the Manufacture and Storage of inflam-
mabi'e Oil~ and Subtances.
;Be it Ordained bY the City Council of the City of Dubuque ~.
Sro. 1. No person, comp~ny~ or corporation, shall manufacture
(~¥ OF DUBUQUE.
or ca~ry on, or continue any manufactory, or establishmen~ for the
purpose ofmaklng~ producing, refining, distilling, or in any man-
uer generating coal or earth oil, petroleum, kerosene, gasolene,
carbon oil, benzine, benzols, naphtha, camphene, bu~uaing fluid,
coal oils, or other easily inflammable substance, within the fire
limits of this city; nor shall any of said acts be done, continued er
carried on outside of the fire Hairs and within the city limits
without the prior consent of the City Council.
Sro. 2, :No merchant, dealer, painter, or other person, company
or corporation, shall, within the fire limits of the city, keep on
hand in any s~ore, building, cellar, or other place within said fire
limits, a greater quantity ofcamphone, benzine, benzols, kerosene,
naphtha, or.other coal oils, or other easily inflammable burning
fluid, than one barrel, no~ exceeding 45 gallons of each a~ any one
time, no~ exceeding five barrels in all; and benzine, benzole, or
naphtha, kept for retail, ~hall be sold by daylight only~ and shall
be kept in a tin can, or other metallic vessel: _Provided~ ~hat any
dealer, merchant, or other person~ if he keeps none of the other
oils m' inflammable substances named or referred to in this
hartco, may keep five barrels of kerosene, or ~wo of benzine, or
~wo of any other kind, not exceeding five in all, and if retailed, it
skull bo from tin cans, or o~her metal cases: l~rovided, also, that
kerosene may be retailed by gaslight. Outside of said fire limits,
no such person, company or corporation, shall keep any of said
articles other than as above provided: without the consent of the
City Council.
Sro. 3. Whoevm' violates any of the provisions of this ordi-
nance shall be guilty of a misdemeanor, and shall be ]~ned not less
than five, nor more than fifty dollars for each offence; and every
day that any of the said artictes or substances are made, kept, or
e~ored contrary ~o ~hls ordinance, shall be deemed a new and dis-
tinct offence.
CHAPTER 37.
AN O~nINA~qC~ to prevent Fires.
]~e i~ ordained by the City Council of the City of Dubuque:
SEc. L That no person shall pass any stove pipe, or flue~
through ~ny roof, partition or side of any house in the City of Du.
c~T¥ o~ DUBUQUE. 185
18-4 R~IVI~ED ORDINANC]~S,
buque, unless it'is sutticlently surrounded by brick, stone, or other
incombustible substance, so as to be at least three inches removed
from any wood er combustibI% and ell chimneys and stove pipes,
shall in all cases extend at least two and half feet beyond the roof
or side of the house through which it passes~ b~t no pipe shall pro-
jcct into any street.
S~c. Z. That no person shall set fire to, or burn any shavings~
s~raw, or other combustible materials, in any stree~ or lot in said
city, within twenty feet of any building.
S~c. 3. That no person shall stack more than one ton of hay
or straw, in any lei of said city~ within one hundred feet of any
building, and ~ny person violating any of the foregoing provisions
of this ordinance~ shall forfeit and pay any sum not less ~han five
dollars for each offence, ~o be recovered before a court baying
jurisdiction~ with costs.
8~o. 4, That no p~rson shall use any building for trying: or for
rendering lard or grcase~ or boiling oil or varnish, if such.building
shall stand within one hundred feet of any other building, unless
such buildings are secured fi'om fire by a brick, s~one or ground
floor~ and no wood work within ten feet of the fires, unless it bo
the ceiling'over head, and in case it shall come within ten feet, it
shall be covered with ii, n, zinc, or tin, and any person who
violate the provisions of this section, shall forfeit and pay any sum
not less than twen%y dollars for each day's continuance of tho
use of such building for tho purposss aforesaid, to be recovered be-
fore any court having jurisdiction~ with costs.
CH~P~i~ 38.
AN O~)~.~o~ to prevent ~he erection of Dangerous Wall~.
Be it ordained by the ~ty Council of the Gity of ~ubu~ue :
Sro. 1. ~hg~ ~o bui1~ng of beick o~ stone, two s~ories or moro
in height, sh~ll bo erected within ~ho llmi~s of %ho city of Dubuquo~
unless ~ho walls ~heroof shall bo as hereinafter roqulred~ viz: ~ho
cellar wall shall be not tess lhan two feet thick, and shall be prop-
erly banded by headers ex,ending through three,fourths of
thickness of ihs same. In b~ldings two stories in heigh$, and
no~ mor~ than twenty-five fee~ six inches wide, the outside walls.of
the first story shall not be less ihan twelve inchos~in thickness, and
the outside walls of the second story not less than eight inches. In
buildings three stories in height, the outside walls of tho first and
~econd story shall not be less than twelve inches in thickness; and
of tho third story not less than eight inches. In building four
stories in height the outside wails of tho first story shall not be less
than sixteen inches in thickness; of tho second and third stories
not less than twelve, and tho fora'th not less than'eight inches. In
buildings five stories in height, the outside wails of the first and
second storles shall not be less ~han sixteen inches in thickness;
the third and fourth not loss than twelve, and the fifth not less than
eight inches; and all main partition walls shall bo of fire proof
material, and if of brick or stone, shall not be less than eight inches
in thickness.
Sro. 2. ~hat whenever the city engineer or city marshal is ins
formed or suspects that any building has been constructed, or is in
the process of construction contrary to the prowsions of this ordi-
nance, it shall be his duty to make examinations thereof~ and if he
shall find that the walls thereof are not in compliance with this
ordinance, he shall so n0til~y the builder or owner, and shall report
the facts of the case to the City Council, with recommendations of
the remedy proper to be pursued in tho premises; whereupon the
City Council may order the building or wallsto bo removed, or
may direct that the same be made to conform to the requirements
of this ordinance within a specified ~ime, and the owner of such
building or walls, shall be liable to a fine of twenty dollars for
each day's delay in compIying with the order and direction of thc
City Council, after the expiration of the time fixed by them.
S~c. 3. Any psrson who shall obstruct the city engineer or
marshal in the examination herein required~ shall~ upon conviction~
be fined not loss than fly% nor more than twenty dollars~ for each
offence.
CttA~PTER 39,
ORDINANCE to regulate Ferries.
~¢ it Ordained by the City Council of the ~'ty of ~)ubu~ue :
S~c. 1. That any person who ~hall establish and maintain a
c~Tv OF ~UBUqUE. 187
186
RE¥ISEp ORDINANCES.
ferry, for the conveyance of freight'or passengers from any point
within the limits of tho city of Dubuque to the opposite bank of
the ~[ississippl river, or shall use any boat o~ boats of any kind or
description for ferry purposes, within said limits, without being
duly authorized by a license fi'om tho City Council, shall be sub-'
jeer to a fine of not less than thirty dollm's, with costs of prosecn-
rich, for each ~rip made by such ferry boa~.
S~c. 2. Tlmt any person who shah act as agent for tho swum'
of any boat m' barge of any descr~tion used ibr ferry pm'poses, in
violation of the preceding section, m' who shall receive for tho pm'-
pose of ~ranspormtion item any pointwithin th~ limits of the city
of Dubuque to the opposite bank of the ~ississipplriver, upon any
boat or barge not duly licensed to mn as a ferry boat, in m' from
the said oity~ any freight of ~ny description whatever, shall be
subjec~ to a fine of no[ less ~han ten dollars for each offence, with
costs of prosecution,
C]~A~PTER 40.
2e it ordaiae4 by ~e City Council of the City of 1)ubuque :
SEC. 1. That no person shall slaughter any cattle, sheep, calves,
or swin% or erect, construct, alter or uso any building for the pur-
pose of slaughtering therein, within that part of the city contained
within tho limits of the City of Dubuque. No person shall occupy
or use for slaughtering or for purposes connected therewith, any
building not now used for such pm~poso within thc present limits of
the city without permission fi'om the City Council. Whenever
any building now used or which hereafter may be used for such
purposes, shall be deemed by ~hom a nuisance, the City Council
may order the removal or disuse of the same. and may restrict tho
location of buildings for suctt uso to prescribed limits, or totally
prohibit the same within thc city. Any person who shall violate
any provision of this section, or who shall refuse to remove or dis-
continue the use of any building for the purpose of slaughtering,
when so ordered by tho City Cmmcil, due notice of such 0rdor
having been given, shail be subjec~ to a fine of not loss than five
dollars, or more than fift~ dollars f9r each offence,
Sro. ,2. ~o person shall cast or leave exposed in any street,
alley, lot, common, or water-course within the city, tho carcass of
any animal, or any putrid or unsound meat, fish or other snbstance,
or make, usc, keep, or permit, in his, her, or their dwelling house,
shop, ~tore, factory, out-house, cellar, yard, lot, or any other place
within the city, any noisome or offensive liquid, or substance preju-
dicial to tho ~ealth of the citizenS, or an annoyance ~o tho neigh-
borhood, or throw any filth, manure, offal, or other offensive mat~
~er. into any street, alley, lot or water-course in the city~ and any
person who shall violate any provision of this section, or who shall
refuse or neglect to remove, on being duly notified by the city
marshal, any offensive substance made, used, or kept by such per-
son, shall be subject to a fine of not less titan one dollar for each
offence, and for every day that such nuisance shall remain after
such notice.
S~o. R If any person shall suffer or permit any cellar, vault,
private drain, pool, privy, sewer or grounds, upon any premises
owned or occupied by him, to become nauseons, foul, offensive, or
injurious to tho public health, ho shall bo subject to a fine of no~
less than one dollar: or more than twenty dollars fox' each offence,
and to a like fine fox' every day such nuisance shall continue after
notice to remove or abate the same.
S~c. 4. Any owner or occupant of any soap factory, candle fac~
tory~ butcher's shop, meat packing house, livery stable or barn,
who shall suffer tho same ~o become nauseous, foul, or offensive,
shall bo fined not less than one dollar, or more than twenty dollars
for each offence.
S~c. 5. Tho mayor or city marshal shall have fnll authority to
enter into and examine, a~ any time between sunrise and sunset of
each day, any building or part thereof or any lot or ground, which
they may know ox' believe to be foul. offensive or prejudicial to the
public health, and they may direct the cleansing of the same and
the removal of all nuisances in and about tho premises by the owner
or occupant thereof; and any person who shall resist or obstruct
such officer in his duty, or shall neglec~ or refuse to remove any
such nuisance, when so directed, shall bo subjec~ to a fine of not
less than five. nor more than twenty dollars fox' each offence.
SEC. 6. If at any time it shallbecome necessary, in consequence
of the neglect or refusal of any person, to remove or abate* any
nuieaueo~ that tho eras ~hall b'e r~mov~l or ab~ed ~t the
188
REVISED ORDINANCES.
of the city, the cost of such removal or aba~oment shall be charge-
ab?~ to the person who shah cause such nuisance, or po2unit the
same upon his premises, and shall be collectodby suit or otherwise,
with as little delay as possible.
CHAPTElt 41.
AN O~DXNANer to euforee theobssrvance of the Sabbath.
:Bs. it Ordainsd by thc City Council of the City of .Dubuqus .'
Sro. 1. That any person who shall offend against the first see.
tion of an act of the State of Iowa. entitled "an Act for the observ-
ance of the Sabbath," passed January t9th, 1855~ shall be subje'ct
To a fine of not less than five dollars for each offence.
Sro. 2, That nny person or persons who shall permitin or upon
auy premises occupied by him, her or them, the usc of any pin
alley, or the playing' of auy game of billiards, cards~ dice, bagatelle,
or other game of skil1 or chance, on the Sabbath, and any per-
son who shall participate therein, shall be subject ~o a fine of no~
tess than five, nor more than ~wen;y dollars.
Sro. 3. That no license issued under any ordinance of the city
shall authorize uuy show, exhibition, or other public amnsemen~ on
the Sabbath, and any person who shaI1 either as proprietor, keeper
or agen;, be engaged in any such show or exhibition, or who shall
take part in any such amusemenv on that day, shall be subject to a
~ne of not less than five, nor more than ;wen~y dollars for each
offence.
C/:IAPTEB 42.
AN O~D~NANC~ to restrain Gaming.
~ it ordainsd by the City Council of the City of .Dubuque:
S~o.
any person who shall play for money or other?afif- ~
1.
That
uable thing, at any game with cards~ dice~ checks~ or at billiard~, or
any?thor article~ or instrument, thing or
things
whatsoever~
eau br may be used for the purpose of playing or betting upo~ or
wmmng 0~' losing money or any other thing or arfiel~ 6f v~lue,-afid~ ~
CITY OF DUBUQUE. 189
any person who shall bet on any game others may be playing,
shall upon convlction thereof, be fined not less than five. nor more
than fifty dollars for each offence with costs of p~osecu~iou.
Sro. 2. That any person or persons who shall keep a house or
room for the purpose of gaming therein, or who shall su~br or per-
m~t other persons to frequent or remain in auy house or room kep~
owned, occupied or controlled by him, /bt the purpose of gaming
therein, shall upon conviction thereof, be fined not less than ten,
nor more than fifty dollars, tbr each offence, with costs of prose-
cution.
CHAPTER 43.
AN 01~D~NANCr tO secure the lC[ealth of the City.
t~e it ordainsd by the City Council of the City of .Dubuque:
Sro. 1. That whenever in tho opinion of the City Council, it
may be necessary for the purpose of promoting ~nd secmung the
hc~Ibh of the ci~y~ or of preventing the in~roduction and spread of
contagious, m~lign~nq dangerous or infectious diseases, they
m~y appoint ~ health officer, who sh~ll be a quMified physician,
and shM1 h~ve power to take the mos~ e~cicnt measures for the
s~fety of the city, ~nd to prevent the introduction of such diseases,
and the city m~rslm] is hereby required to aid ~ud ~ssist such
esr in the discharge of such du~y.
Sro. ~2. That if ~ny person h~ving any such disease shaH be
brought into the city by any s[eambo~ or other 'conveyance, the
comm~nder of such bo~t or person h~vlng charge of such convoy-
ante shall, before ]~nding, or leaving such diseased person within
the city, give notice'to the m~yor or health officer, who may, if he
shall deem it requisite for the he~lfl~ o~ She city, order that such dis.
eased person shall be conveyed to the city hospital, ~nd if neces-
sary, provide proper attendance ~nd care for the same. And any
person who shall'neglect or i'cfuse to g~ve such no,ice ~s is herein
required sh~ll ~bc subject to ~ fine of not less th~n twen~y~ nor more
th~n one hundred dollars.
Sgo. 3. Any person who shall knowingly introduce or aid or
assist in' introducing in~o the city, th2 small pox or any contagious,
m~[]gq~t~ dangerous or infeetiou~tisease, o~ ~h~l,knowingl~ and-
190
REVISED ORDINANCES.
designedly conceal tho knowledge he may hate of such disease
being within the city, without forthwith giving notice thereof to
the mayor or health officer, shall on conviction be subject tea fine
of not less than twenty, nor ~nore than one hundred dollars.
CHAPTER 44.
AI~ OI~DIi~ANCE entitled an~ Ordinance to establish a Quarantine, and
establish l~egulations of Health.
Be it ordained by the City Council of the City of .Dubuque:
SEC. 1. That the mayor and health officer, ars hereby authm'-
izod and empowered to select and rent a piece of ground on the
bank of the Missis~ippl river, at a point not to exceed three miles
below said city, for the purpose of erecting thereon a city hospitM,
for tho uses and purposes hereinafter named.
SEc. 2. That a health offcer of said city, ~o be selected and ap-
pointed by said council, or a committee thereof~ shall be stationed
at said hospital to be erected as aforesaid, dnring the pleasure of
the City Commil, whose dnty it shall bo to hail or signal any and
every steamboat bound upward on said river, and ~o board the
same~ and examine the sanitary condition of the passengers, off-
cers and crew of such boat, and Escertaln whothm' there is any
case of cholera, small pox or yellow fever, or premonitory symp-
toms of cholera, small pox, or yellow fever on board said boat.
SEC. 3. It shall bo tho duty of said health officer to make the
examination aforesaid, and in case he shall find cholera, small pox,
or yellow fever, or symptoms of cholera, small pox, or yellow foyer
on board such boat, ;o warn the effects thru'eof not to make a lan-
ding at the city of Dubuque, and m case ho shall find no such
cholera, or symptoms thereof, on such boar, to give tho captain or
other officer commanding the same. a certificate to that effect.
SEc. 4. That any health siecor, selected and appointed as
aforesaid, who shall 'neglect his dnty and permit any boat to pass
without inspection 'and examination as aforesaid, when in his
power to make such examination, or who shallknowingly make
any false report~ and give a certificate that there is no cholera or
symptoms thereof on board such boat, when in truth and in fact
~ch eholm'a or symptoms do e~i~t on such boat, shall b~ fined not
0ITY O1® DUIIUQU~,
191
less than one hundred dollars for every such neglect of dnty or
misfeasance in office, to bo collected by suit in .any court h~avlng
jurisdiction thereof.
SEC, 5, 9:hat any boat that shall land at tho city'of Dubuque
on an upward bound voyage, without having submitted to tho in-
spection and examination of such health officer as aforeeald~ or
thug shall land at said city afqcr having been examined, without a
certificate of said health officer, that there was not at the time of
such examination any cholera or symptoms thereof on board such
bosh shall be fined in the sum of two thousand dollars for every
such offence, to be collected by process of attachment.
SEc. 6. That any steamboat on a downward voyage on such
river, which shall land at tho city of Dubuque, having on board
any case, or cases of cholera, shall bo fined for each offence tho like
sum of two thousand dollars, to be collected as provided in the 5th
section hereof.
SEC. 7. That any ferry-boat which shall land at said city of
buque~ from tho opposite side of said river, having on board any
case of cholera, shall be fined for every such offence the sum of
five hnndrod dollars, to bo collected as provided for in section fiva
hereof.
SEc. 8. That any person or persons who shall bring into the
ci?~v of Dubuque, by a barge~ raft~ skiff, yawl or any other mode of
conveyance, by land or water, any person having the cholera,
knowing a~ thc time that said person so brooght into said city is
infected with cholera, shall be fined in the snm of one hundred
dollars, and bo imprisoned for thirty d~ys, or anti1 snch fine shall
be paid.
SEc. 9. That the hospital to be erected as aforesaid, shall be for
the reception of any and all cholera patie~fts found aboard of anT
boat examined as aforesaid, and it shall be thc duty of such health
officer ~o attend the same, ~o furnish medicines and the attendance
of a physician for such I)atients~ and his services shall be paid for
nta rata to bo fixed by the City Council.
SEe. 10. That all ordinances, and parts of ordinances inconsis~
tent with the provisions of this ordinance, are hereby repealed,
and tha~ this ordinance shall be in force and take effect on and~ a£ter
its ]}ublieation.
R~E¥ISED ORDINA~0ES.
CHAPTER 45.
AN ORDINANCE tO guard against the running away of Horses or
q~eams, and to provide for the Hitching of the same.
Be it ordained bytl~e City Council of the Gity of :Dubuque:
Sro. 1. That it shall be unlawful for any person or persons~ to
allow a horse or horses, with a carriage or other vehicle attached
thereto, to stand On k~a~n street, unless the same shall be attended
by some person competent to prevent the same fi'om running
away~ unless tho same shall be properly hitched.
Src. 2. That any person whose tea~n or horse shall run away,
in violation of this ordinance, shall be liable to a fine of not more
than fifty dollars, in tho discretion of the court, and to pay any
person injured, ov aggrieved by such runaway, damagss not ex-
ceeding one hundred dollars, under this ordinance.
Src. 3. All ordinances, and parts of ordinances inconsistent
with the provisions of this ordinance, are hereby repealed. '
Src. 4. This ordinance shall take effect five days after its publi-
cation.
CHAPTER 46.
A~ ORDINANCE tO provide for summoning Yuries.
Mc it ordained by the City Council of the City of 'Dubuque:
Sro. 1. That if any person not specially exemp~ from such ser~
vice by law, shall neg~cc~ os' refuse to serve upon any jury~ either
for the assessmen~ of damages occasioned by the opening, altering
widening or annulling of any street~ alley or highway, or xn any
suit or cause whatever, wherein the city of Dubuque is ~ par~y~
when summoned by the marshal or other officer ~egally authorized,
without rendering a valid and su~cient excuse to said marshal or
other officer~ at the time of being so summoned~ or shall fail to ap-
pear at tho time and place specified, he shall upon conviction
thereof before any court having jurisdiction, be subjec~ to a fine of
not less than five, or more than twenty dollars with costs.
Sro. 2. That any person who shall'serve as a juror m any cause
arising under the ordinances of the city, when summoned by order
of 'tho City Council, shall receive as a compensation therefor~ such
sum as ~he City Council upon a return of the time of such service
CITY OF DUBUQUE.
193
by tile proper officer, shall deem just and reasonable, and shall
alldw for the same.
CHAPTER 47.
AN OnnxNaNcr m provide for the making of Deeds and Relssses by
the City of Dubrque.
Bo it Ordained by the City Council of the City of 1)ubu~uc :
Sro. L That whenever it sha~i be the du~y of the City Council
~o make and execute any deed br release for the conveyance of any
real estate belonging to said city~ such deed os' release shall bo
made in the name of tho city of Dubuque as parry of the first pars~
and shall be executed by the mayor of said city, os' in his absence
by the president 2re tern. in his official capacity, and the recorder
shall attest the same by his signature and affi× thereto the cerise-
rate seal of said city, and such deed or release may thereupon bo
acknowledged by tho mayor or president pro tern. executing the
same, which deed or release so acknowledged and executed shall
be valid and effectual to convey ali rights and release all claims
thereby purporting to be conveyed or released.
Sro. 2. That all contracts made by any committee of the City
Council duly appointed, and by resolution of such counci~ duly
anther]zed to make such contracts, shall~ when signed by such
committee os' a majority thereof, be valid against the city: Pro-
vided, That the contract be first presented to said council and by
thera approved.
AN O~DINANCll to licens0, tax and regulate the keeping of Dogs.
Be it Ordained by the Cit~ Council of the City of Dubuque:
Sro. 1. Tha~ any person owning or harboring any dog or bitch,
shall ~roeure a license therefor, which shall bo issued by thc city
seem'der, for the'tei'm of one year, on presentation of tho weas-
uror's receipt for tho sum of two dollars for each dog, and five dol-
laxa for each bitch owned or harbored by the person making appli.
194
RE~'IS~ED ORDINANCES.
cation for such license. Any person who shall allow any dog or
bitch habltually to remain, and bc lodged or fed Within his or her
boule, barn, ~tore or enclosure, shall b~ considered as harboring thc
same ~ithin tho moaning of this ordinance.
S~c. 2. If any person shall refuse or neglect to obtain a license
~s provided in the preceding section, any dog or bitch owned or
harbored by such person, shall be considered a public nuisance, and
it shall bo lawful for any person to kill tho same. And it shall bo
thc duty of tho city marshal forthwith to cause such dog ox' bitch
to bo killed, and any person who shall hinder or rcslst the marshal
or any pcrsqn under his direction, in the duties hereby imposed
upon him, ~hall forfeit and pay upon conviction thereof, a fine. of
not less than five dollars, or be imprisoned not exceeding thirty
days.
S~c. 3. Whenever the City Council shall deem it expedient.
they may b~ resolution, direct thc mayor to issue his proclamation
requiring allpcrsons owning or harboring any dog or bitch to con-
fine tho same from running a~ large for e specified ~ime thereto
stated, noz exceeding ninety days; and it shall bo thc duty, upon
thc publication of such proclamation, of every person ownmg or
harboring any dog or bitch, to confine tho same in his or her house,
out-house, store or yard, by good and sufficient means, or to cause
the same to be properly muzzled, so as to prevent the same from
biting any person or other animal. And any person who shall
neglect or refuse so to do, shall upon conviction thcroo! forfeit and
pay a fine of not loss than five, nor morcthan twenty dollars, with
costs Of prosecution. And any person may kill any dog or bitclx
found running at largo not properly muzzled, three days after the
issuing of such proclamation, during the time therein limited.
S~c. 4. Any dog or bitch found running at largo at any time,
withou~ a collar or other distinguishing mark by which tho owner
may be known, shall bo deemed a nuisance and subject to tho pro~
visions of section 2 of this ordinance for unlicensed dogs.
CHAI~T]~R 49,
~ ORD~[NAIq(~E to prevent Hog~ from running at larg$.
~ it ordained by tho (71ty Cou~e~t o/ the ~lty e.f 2)ubuqus
~. 1, That an~ and all hogs and l~igs running at larg~
CITY OF DUBUQUE.
195
hereby declared to be a public nuisance, and it shall bo thc duty of
thc city marshal to procure and establish a pound at such place as
he may select within tho city, and ~o cause ~o b~ tako~ up and
secured therein all hogs or pigs of any age or description, ~hich
m~y be found running at large m any of tho streets, ~]leyo, public
squares or landings of the city, and any person who shall in any
manner intorforn with said poundwlthout authority fi'om thomar.
slial, or shall injure, open, break or destroy such pound x~ith intent
that hogs confined therein may be rescued or escape, shall be fined
not less than five, nor moro than fifty dollars, with costs of prose-
cution.
S~c. 2. That any hogs or pigs taken up and confined in said
pound, and not claimed by the owner thereof within twenty.four
hours, shall bo sold at public auction to the highest bidder for cash,
public notice of such sale having been g~ven by written notice
posted in three public places in the citys and the money arlsing
fi'om such sale shall be paid into the city treasury after ~educting
therefi'om tho marshal's fees, with cost of keeping ~nd sale. If
the owner or owners of any hogs or pigs shall claim tho same of
the marshal before the time appointed for sale, and pay the charges
of taking up, keeping and ndvertising, and shall pro~e ownership
to thc satisfaction of the marshal, such hogs or pigs shall be deliv-
ered to said owner. If within one mouth after the sale of any hog
or pig, as herein provided~ any person shall prove ownership to the
~atisfaction of thc marshal, ho shall make e certificate of tha
amount paid by him into tho city treasury fi'om the proceeds of
such sale, and on presentation of such certificate to the recorder,
he shall draw anorder on the treasury for the amount.
SEc. 3. The city marshal shall bo entitled to demand and pensive
the Sum of twenty-five cents for each hog or pig t:~ken~o ~d
pound, with a reasonable sum for keeping, and twenty-flv~ cont~ for
nosices of sale, and ten per cent. of the proceeds thereof, to be t~id
by tho owner, or deducted from such proceeds, and sht~fi report
once in each month ~o tho City Council~ any proceedings by him
under this ordinance.
C]:IAPTBR 50.
z~]~ O]aDtNANOE to define the City Cemetery, to protect th~ ~ame, and
to define the duties of City Sex,n.
B~ it ordained b~ the ~ity Council of the ~ity of ~ubuque :
S~, 1. That the lot heretof~e purch~
196
REPRISED ORDINANCES.
ofT; Davis, Esq, being on the .hill, east of Couler ereek, and con-
taining ten acres, the lei immediately north of the same, pur-
chased of L. ti. Langworthy: Esq., and containing ten acres, and
e ~ ofsw ¼ of ne ¼ of section 13, town 89, range 2 e of 5th p. m.,
purchased o£ M. Levi, be, and ~he same is hereby set aside gs
ceme~o~y~ for ~he burial of tho dead, and shall be appropriated to
that ~urposo. and no other forever: and tho lots therein as marked~
dsigna~ed and numbered on the plat thereof, draw~ by the city
engineer, shall be and remain fixed with the streets and passages
thereon marked, and may be sold and conveyed by tho City Coun-
cil to purchasers by numbers, to be nscd for buEal purposes only,
on such terms as the City Council may see fiL
SEC. 2. ~hai there shall be appointed a city sex5on, whoso du~y
it shall be to preserve and keep in proper repair the enclosure'of
said burial grounds, so as ~o proven5 its being entered by cattle,
horses or swine, and to prcvcnz, so far as m~y be in his power, the
inju~ or destruction of any grave-s~ones, ~ablets or monnmen~s,
placed or erected in said burying-ground, and also to prevent the
defacement of any inscription, or the erasure of the sapac, or any
memorial thereon~ m any manner.
SEC. 3. ~hat all interments of strangers, and of persons buried
a~ public expense, shall b~ made in such par~ of said burial
grounds aS shah be designaied and set apa~ for that purpose by
the City Council, and it shall be the duty of tho city sexton,
ihs request of any resident of the city of ~ubuquo, or of the mar-
shal of said city, ~o dig, or ca{~se zo be dug forthwith, a suitable
grave of tho proper depth and dimensions, for the intermen~ of
the deceased, and shall superintend tho burial Of the same.
S~c. 4. ~ha~ as a compensation for his services, the sexton
shall bo entitled to demand and receive the sum of three dollars
for evm~ person so interred by him. and when the,turin'menS is
made a~ the request of thc city marshal, such sum shall be paid
from ~he city ~reasnry~ and in all othm' cases by the friends m'
]ations of the deceased: who make the
S~c. 5. That all funds arising from the sale of lots in said burial
grounds shall bo applied first to pay tho expenses of enclosing and
[aylngod5 the same, and' tothe payment of the purchase money
therefor~ and keeping the same in order, and afterwards to the im-
proving and 0rngmenting the Same; and on othm' objects connected
CITY OF DUBUQUE.
197
with the convenient access thereto, and to every part of said
grounds.
SEC. 6. That any person who shall trespass upon said grounds,
by destroying or injnring the ibnce or gates enclosing the same, or
any fence or gates enclosing any lot in the same, o1' by injuring
or defacing any grave, vault, tombstone, or any monument therein,
or who shall cut or destroy any m, namental tree or shrub planted,
ox' standing therein, or shall dig any new grave ox' open any old
grave, for the purpose of burying any corpse, or removing any
corpse buried therein, without the consent of the city sexton: shall
forfeit and pay upon conviction for each offence no~ less than five,
nor more ;hun one hundred dollars to the City of Dubuque. And
the city sexton is hereby authorized to arrest any person viola-
ting any provi~ions of this ordinance, and forthwith bring such
person before the proper sour;: ~o be dealt with according to law.
S~o. 7. That the city sex;on shall bo present at every inter-
ment ,in the city cemetery, and shall give his personal attention to
such interment, unless prevented by sickness or bodiiy disal~ility;
in which ease he shall depnte some fit person to perform the
duties of sexton.
S~c. 8. That he shall keep a record of the intm'ments which
may be made in the come;cry, showing the name and the age of
the deceased, (as near as may be,) and the time and cause of death,
and shall make a monthly reporx thereof to the City Council, to
be filed in the office of thc city recorder.
SF.c. 9. That tile city sex;on shall be required so cause each
grave to be dug to the depth of not less than five feet.
S~c. 10. That should the city sex,on neglect ox' fail to comply
with the prowsions and requirement~ of this ordinance, or should
he demand or receive a greamr amount of compensation or fees
for interments than those specified in said ordinance, for every
suck offence, he shall, upon conviction thereof, forfeit and pay to
the use of the city, a sum of not less than zen dollars nor more
than one hundred dollars.
S~fc. 11. That lots in the city cemetery shall be sold at such
prices as may be fixed by the City Council, and any person wish-
ing to purchase a lot, shall pay into the city treasury the sum
designated as tile price of snch lot, and shall receive from the city
xecorder the deed of suhb lot, on surrendering the receipt of tho
198
REVISED ORDINANCES.
treasurer for the stun so paid. Interments may be. made in that
part of the cemetery designated on tho plat thereof as Potter's
Field, or in such other par; as may be designated by the City
Council for tho pm'pose, on payment into tho city treasury of the
sum of one dollar for each interment. Si) intermcn~ shall be per-
mitred without such payment, except by ordm' of the mayor or
city marshal, which may be issued upon satisfactory evidence that
the deceased has left no e'fl'ects, and that no person will become re-
sponsible ibp the expenses of his or her burial.
S~o. 12. ]No person or association shall establish ~nd use as a
cemetery or place of burial, any lo~s or grounds within tho limits
of the city, or shall dig or open any grave for the purpose of bury-
ing or removing any corpse, at any place within the limits of the
city~ (except such places as have,been known a~d used as ceme-
teries or places of burial, prior to the passage of this ordinance),
without consent first obtained from tho City Com~cil, un-
4er a penalty of no; less than ten, nor more than fifty dollars for
each grave so dug or opened.
CHAPTER 51.
A~ OhOt~ANO~ to establish and dedicate a Public Square.'
.Be it Ordained by the City Gouncil of the City of Dubuque:
Sro. 1. That all that certain tract or parcel of ground in thc
City of Dubuque, bounded as £ollows. to-wit: On the east by Iowa
s~roet, on the south by Fifteenth street, on the west by ]Kain street,
and on the north by lot 1~o. 745. as shown upomtho official plat of
tho ~own of Dubuque by the United States, be, and the same is
hereby reserved, dedicated and established as a publi¢ st~uare, to
be known as Jackson Square, for the use and benefit of the said
City of Dubuque and inhabitauts thereof forever.
S~c. 2. That ~ho ~iaid square shall be reserved and appropriated
solely as a place of public resort and recreation.
Sro. 3. That all public squares shalI bo under the special care
of' the city marslmh whose duty it shall be ~o see that the same
are properly protected ii'om injury, and to carry out and execute
*he orders and resolutions of the City Council in reference thereto.
Sst. 4. That it shall be~ unlawful for any person to usc a~y
CITY 01~ DUBUQUE,
199
public square for any pm. poses othen than those ~o which it is
herein dedicated, or to remove or injure ;he ~bnce or any part there-
of, or to cut, injm'e, or deface in any way any tree, shrub or
or any railing, or o~her work of ornamen~ or use, or ;o dig up
surface of the ground, or to turn within said square any antrum to
feed or remain ~here; ;o disfigure said square or any parb thereof
in any manner. Any person gail~y of v~olating any provisions of
this section, shall, upon conv~ction, be fined in any sum no; less
than ;we dollars, nor more than twenty dollars for each and every
offence.
CHAPTER 52.
AN ORDtNANOF, to provide for the protection of Harbor Improvement
Bridges.
Be it ordained by the City Council of the City of Dubuque:
SI~c. 1. That if any pm'son shall ride or drive any horse. ~nulo,
or any animals whatever, across tho bridges erected on Seventh
street, at a faster gait than a walk, hc shall be fined in any sum
not less than one dollar, or moro than five dollars for each and
every offence, to be recovered before any court having jmqsdiction.
with costs,
CHAPTER 53.
Alq OBDIlqANOE to provide for the Prosecution of Penalties,
.Be it ordained by the City Council of thc Gity of Dubuque:
S~c, 1. That all prosecutions for penalties by provision of any
ordinance of the .city~ shall be had before any court having juris.
diction, in the name oftlm Stats of Iowa for %he use of the City of
Dubuque~ and ailmoncys thereon collected shall be paid into the
city treasury.
SI~c. 2. That all prosecutions under tho ordinances of the city~
when not otherwise provided, shall be commenced by tho city at-
torney~ ~ho city marshal, or any person acting as attorney for thc
~ity b~ authority of tho council~ and tho marshal or attorney shall
RE¥ISE~) ORDINANCES.
bo fully authorized to prosecute and to collect penalties, an,d when
collected, to enter upon tho docket of the court fldl s~tisfactmn and
discharge of any order or judgment rendered therefor.
eno. 3, That all trials for penalties shallbe in a summary man*
net, and the person complained of shall have the right to demand
a trial by july' in ~11 c~ses. [n ~11 cases where ~jury is demanded,
and she tri~l is before ~ justice of the peace, i~ sh~ll be the duty
of such justice ~o issue ~ venire to ~he m~rsh~l or any constable of
the city, comm~nding him forthwith ~o summon ~ jury for such
triM, of six citizens of s~id city, qualified $o vo~e as electors, ~o
constitute a jury in such c~se. ~ree fi'om objection by either
and such trial sh~ll be conducted according ~o l~w, ~s in other
eases. When such tri~l is before lbo city courq it sh~ll be tried
before the regular jury in ~ttend~nce on said court. ~nd if ~here
be no such jury ~n attendance at ~he time. then ~ jury shall bo
summoned by a special venire ~s provided in ihs city charter.
Sro. 4. ~h~t in all c~ses where ~ny person sh~ll be convlctod
of ~ bre~ch of any ordinance ~s complained oq the court, before
which such conviction m~y be h~d. nmy, in addition to tho fine
imposed on him or her, fu~her adjudge such person ~o bo confined
until such fine or penal~y and costs be p~id, hal in no c~se to
coed thirty days, in the common jail of the county of ~ubuqne.
S~o. 5. That any person wh9 shall wilfully and maliciously
fend against any provision of any ordinauce~ for the violation of
which a penal~y is not otherwise provided, shall be subject to a
fine of not less than one dollar or more ~han twenty dollars fdr
each offence.
C]:IAPTER 54.
AN ORDINANCE to adopt and establish the seal of the City C~ur~ Of
the City of Dubuque.
Be it ordained by the City Council of the City of D~buflue :
Sro. I. That tho seal of thc City Court Of said city, procured
and prepared by the clerk of said court, ~pon which is engraved
the ~vords "Dubuque City Court, Iowa," is adopted u~d is hereby
established aS tho seal Of said sourt.
CITY Ol~ DUBUQUE.
201
CltAFTER 55.
A~; Om)i~x~c~ to provide for paying the exl~ensee of the City Court.
Be it Ordained by the City Council of the City of ~ubugue :
S~c. L ~h~t ~ll fees, fines~ and forfeitures received in the city
court sh~ll be p~id into the city u'e~sury by the clerk of said court.
~s often as once in e~ch month.
S~c. 2. ~hat ~ho city ~reasuror shall keep an accouat of all
moneys paid into the treasury by the clerk from the receipts of said
courh and shah ro~ain the same in a separate fund, to bo known as
the "City Cour~ Fund." fi'om which payments shall be made only
on orders drawn on said fund by order of the city council.
Sro. 3. ~hat at the firs5 regular meeting of ~he council in each
month: bhe clerk of the city cour~ shall render an account of tim
receipts and expenses of said court, with a statement of ~ho amount
due for such expenses, to whom due, and for what purpose, and if
the same shall be ordered paid by ~he council, orders shall be
drawn upon the treasurer, payable front bhe "city cent; fund :" Pro.
vided, ~hat a~ no time shall the aggregate amount of orders
dra~ upon said fund. remaining unpaid, excded the ammmt of
money actually contained in thc fund.
CHkPTEi~ 56.
· .N OI~DIN~,NCE requiring Transient or ~i'aYeling Physieiaas practis-
ing in the City of Dubuque~ to take out License therefor.
S~c. 1. That all transient or traveling doctors or physicians,
plying this vocation inthe City of Dubuque~ Iowa, whether in ho-
tels, private houses, or on the streets, whether advertising or not~
or using medicines prepared by ~hemsclves or others, or professing
to cure disease by any application whatever, shall first procure
from tho mayor of said city a license therefor.
Sro. 2. ~he mayor of said city is hereby authorized to issue
tho license named in the first section hereof, upon the payment to
tho city treasurer, for the usc of the city~ thc sum of not less than
three nor moro than five dollars, at the discretion of the mayoL
for each and every period of*~wenty~four hours or fractional part
thcroof~ that such doctor or physician proposes to stay in the city~
and if such person should prolong his stay for tho purposes afore-
said~ beyond the time for which such license was issued, then upoa
REVISED ORDINANCES.
prepayment al 'tho same rate. a new license shall issue for such
ihrther time as tho applicant shall then pay for at the rate afore-
said.
Sro. 3. Any one neglecting or refusing to comply with the
provisions of this ordinance shall, upon conviction, theremL before
any jus;ico of tho peace bo fines ten dollars for each day and every
day, ho, she or ~hey shall have plied or a~empted ~o ply his~ her
or their vocation in this city without such license: Provided. the
sum shall no; exceed onehundred dollars, andshall stand commit-
ted an*il such fine and all cos~s be paid.
S~c. 4. I~ is hereby ~adc the du~y of ~he city marshal ~o sds
that ~he provisions of this ordinance are faithfully executed; and
it shalt Sur~her be his du~y~ whenever ho shall find any such per-
son or persons without such license, forthwith ~o call him, her or
them before any justice of ~he peace. ~o be dea~ w~h as herdinbe-
fore provided, bn~ any justice of ~he peace is also required to ac;
upon ~he complain~ of any other person.
Sac. 5. This ordinance shall take effec~ and be ia force from
and after its passage and publication.
CKAPT]ER 57.
Ax ORD~A~C~ providing for the settlement of the Indebtednes~ of
the City of Dubuque.
W~As, ~he city of Dubuque ~s largely indebted 'on bonds
issued ~o ~ho Dubuque & Pacific Railroad Company, tn ~ho Du-
buque Wes6orn Railroad Company, W. W. Coreoran, aud divers
other persons, on bonds, and for debts horetofbre contracted. ~o
an amoun6 much beyond wha~ said ci6y can possibly pay: And,
W~g~As. ~he said city has boon unable to pay tho in~eeos~ on
said debts, and tho same ~s constantly accumulating: And,
Wa~as, Tho said ci6y is desirous of scooting a compromise or
se~tlemen~ with her credizors, and so ~'eduee *he amoun~ due, and
~ho ra~e of interos~ on ~ho same. as will enable the city ;o pay
tho in6eres~ and principal promptly, as shall be agreed upon, and
to mee~ her engagements horeaftex;promp~ly: Therefore;
~e it ordained by the City ~ouneig of the City of ~ub~gue :
8~c. 1. ~ha~ ~ho mayor and finance committee shall be a com-
mittee of this council, and said com~eo hereby consti~uted~
0ITY OF DUDUQUE.
203
shall have full power ro compromise and settle with the c~editors
of tho city, as will be boat for the interest of all concerned, and
within tho times hereafter provided in this ordinance.
Sro. 2. After allowing upon any indebtedness of tho city, as a
credit, tho value as shall be agreednpon by said committee and the
creditors of all collaterals or other securities held by tho creditors
respectively, the said committee are hereby authorized and em-
powered to settle and compromise with ail creditors of tho city, by
delivering to them tho bonds or other evidences of indebtedness of
said city, bearing such rate of interest nor exceeding eight per
cent. as shall be agreed upon, and payable at suck times as shall bo
agreed upon, not exceeding *on years, and not exceeding the sum
of twenty-five per con;. of tho amoun~ duc, after deducting the
value of the securities g£oresaid. Tho old bonds or evidences of
indebtedness shaI1 not be canceled nor satisfied by the receipt of
new bonds or evidences of indebtedness, but the same shall be valid
debts agains'; the city, subject to be satistled only by the payment
of thc new bonds or other evidences of indebtedness.
Sro. 3. When any creditor of the city shalI ceceive the new
bonds or other evidences of indebtedness as above provided, such
creditor shall deposit with Leroy D. Randall, who is ;o be a rrna-
tee for both p~rties~ the old bonds or evidences of indebtedness re
be held by him until the new bonds or evidence of indebtedness
given £or the same are fully paid and satisfied, or until there shall
bo a failure to pay the same. In case of a future re pay said new
bonds 6r evidence of indebtedness, as the same shall become due,
the holder of the same shall have the right to deliver such new
bonds or evidences'of indebtedness ~o said rrna;es, and receive
from him the old bonds or evidences of indebtedness which were
deposited with the trustee at the time the new bonds or evidences
of indebtedness were given after the rrus;ee shall have endorsed
~hereon all sums paid on the new bonds or evidences of indebted-
ness, and the new bonds' or evidences of indebtedness shall be
returned to the City Council, and shall be canceled.
S~o. 4. Be it further ordained, That there is hereby set apam
fiftyper cent. of the whole amoun; of taxes re be levied a~ the
annual levy o£ ;axoa for each year, for the purpose o£ paying the
interest and so much of the principal first coming due as the same
will pay of the new bonds ov evidences of'indebtedness to be issued
under this asr, and for other purposes, r2he amount of taxes so
~04
REVISED ORDINANCES.
se; apart over and above dm amount necessary ~o pay the interest
on ali of the new bonds or evidences of indebtedness issued under
this act, shall be paid upon the principal of the sum first coming
due, and if there shall not be enough to pay the same fully, it shall
be paid Tro rata upon the said new bonds, or evidences of indebt-
edness firs~ coming duo ~s aforesaid.
S~O. 5. The s~id ~rus~ee sh~ll give bonds with sureties ~o be
~pproved by the City Council, ~nd in sneh sums ~s the City Coun-
cil m~y prescribe.
S~c. 6. This ordinance ~hall be token and construed to be a
aclemn agreement or contract between the city of Dubuque, and
such of its creditors as shall assent thereto, within two years from
the passage of this ordinance, and the mayor, recorder, and other
city officers, are hereby authorized to execute all bonds and o~her
evidences of indebtedness required by this ordinance, and place the
s~mo in the h~nds of the committee ~fores~id, ~o be used by them
in ~ceord~neo witl~ the prowsions of this ordinance.
S~o. 7. In e~se the s~id ~rus~ee should die, resig% refuse ~o
qualify ~s required by the provision of this ordinance or become
disqualified by remowl from the city of Dubuque, or fi*om any
other c~use, then, ~nd in that event, the City Council of tl~e city of
Dubuque sh~ll ~ppoint his successor, who shall bo governed by the
pro~sions of this ordinance.
SE0. 8. And be it f~rther ordained, ~h~t tho sum of two hun-
dred thousand dolla~ (~200,000) being deemed sufficient to accom-
plish tho object of ~his ordinance, no other bonded indebtedness,
aside from ~heissue hereby ~uthorlzed, sh~ll be erected nm' incur-
red by the s~id city, so long ~s ~b.o bonds thus ~u~horized ~re out-
standing.
S~o. 9. This ordinance sh~ll be in force ~nd t~ke effect fi'om
~nd' ~f~er i~s publication.
P~ssod ~uly 7~h. 1864.
CHAPTER 58.
~.N O~DIN~-NOE to change the n~me of gulien Ay*hue to that of L r-
tinier Avenue.
~e it ordained by t~ City Council of the ~ty of ~ubu~ue :
S~c. 1. That a certain street ~n said city which commences at
CITY OF DUBUQUE.
Bluff street, running wes~ to the city limits, now and heretofore
known and desigqm~ed as Julien Avenue, shall hereafter bo known
and designated as Lorimier Avenue: and its name shall bo and is
changed accordingly.
Sro. 2. All brdinanccS and par~s of ordinances, resolutions, etc.,
heretofore passed and conflicting with the provisions of this ordi-
nance~ are hereby repe/~l~d.
~.Iq ORDINAlgOE tO vacate a portion of the Eagle Point Road, so called,
lying between Orange and Jackson streets, in the city of Dubuque.
Be it ordained by the City Council of the City of Dubuque, as follows:
That so much of the Eagle t'oint road, so called, as lies between
Orange and Jackson streets, in the city of Dgbuque, be and is
hereby vacated.
C/tAPTER 60.
A~ OnnxrxEc~ vacating the Alley in Block Eight, in the Dubuque
Itarbor Company's Addition to Dubuque.
Be it Ordained by th6 City Council of the City of Dubuque:
SEc. 1. That all of tho alley in block eight~ in tho Dubuque
Harbor Company's Addition ~o Dubuque, from the south line of
Jones so flxe north line of Dodge streets in said ~ddition be, and
~he sgme is hereby vacated, and said alley is hereby abandoned for
all public purposes.
Sro. 2. ~hat section 7 of an ordinance ~o provide for operant,
altering or annulling streets, alleys and highways in the city of
Dubuque, passed January 24th, 1861 is hereby repealed as applica-
ble to this ordinance.
S~c. 3. That this ordinance shall take effect fi'om and after one
publication of. it in the Dubuque Daily tt~EXLD and _National Dcm-
okrat, newspapers published in this city.
206
CI:IAP T]~I~ 61.
AN O~nXlqANCr to provide £or lighting the city of Dubuque with Gas.
Be it Ordained by the City Council of the City of ~ubuque :
S~e. 1. That ]Benajah }]avker and I{arvcy B. Spslman. their
successors, associates and assigns, as individuals, or as a body cor-
peruse, under such name as they may hereafter adopt, be. and the}'
are hereby authorized to use exclusively for tho ecrm of pwcnty-
four years from the date of this ordinance, tho streets, lanes, alleys,
and public grounds of said city, including any territory that here-
after may be added to tho same, for the purpose of laying down in
said streets, lanes, alleys and public grounds, pipes fei' conveying
gas, for supplying said city and tho inhabitants thereof with gas
light: Provided, That said Barker and Spclman, their associatos~
successors and assigns, shall give the seres; comm4ssioncr of said
city one day's notice previous ;o the opening of any stree;, lane,
alloy or public ground, for the purposes aforesaid, and shall not
unnecessarily obstrucl the passage of said s~¢reeta &c., and shall
within a reasonable tinm repair such ssreets, &c., as they may have
opencd~ to thc acceptance of the street commissioner or other
proper officer.
SEc. 2. That the privileges hm'oin granted are upon the express
condition that said Barker and Spelmqn, their assocm;es, succes-
sors and assigns, shall by the first day of April A. D. 1855, com.
monte within said city~ and co~npleto by the first day of I)ecembcr,
A. ]). 1855~ works and apparatus for the manufacture of gas~ front
coal m' any other materials of which gas xs now or may hereafter
bo made. and shall lay down at least one milo of leading pipe, and
continue thereafter to maintain their works, and extend their lead-
ing pipes through such localities in said city as the consumption of
gas may justify, and shall furnish gas for public and private use in
said city, at ra~es not exceeding the average puces a; which gas is
furnished in other cities, adding difference in cos; of xaateriai and
expense of manufacture (if any,) but such rates not to exceed for gas
for public lamps, the sum of two dollars and fifty cents ($2 50. per
thousand cubic feet and for gas for private use not to exceed three
dollars and fifty cents [~3 50) pox' thousand cnbic foot. All ]amps,
me,ers, and tlttings ~o bo furnished at tho expense of the city for
public lamps: Provided, That if said City Council shall a~ any
pm'led prior ~o April let, 1855, give said ]~arkor and Spe!raan,
207
their associates, successors, or asmgns, a written guarantee that
they will. within twelve months thereafter, furnish a consumption
of gas equal to twelve hundred nightly burners, on a distance in
thc streets of said city, not exceeding one mile and a half from
said gas works, then: and in that ease, said ~Barker and Spclman,
their associates, sffeeessors or assigns, shall within sixty days after
tho reeelpt of said guarantee commence and within twelve months
thereafter complete said gas works and lay down said one nfile of
leading pips: ~rovided, That any ~emporary failure on the part of
said Barker and Spelman to perform any of the conditions of this
ordinance, when such ~ailure is occasioned by accidents or untoward
events, shall nov wm'k a forfel;ure of ~he privileges hereby con-
rem'ed, in cage tho same shall bo repaired ~vithin a reasonable time.
S~c. 3. Tha~ said ~arker and Spelman, their successors, asso-
ciates, or assigns, shall file with the city recorder, a notice of ~heir
acceptance of this ordinance within ninety days from and after its
passage.
Passed September 13th, 1853.
AN ORDINANCE for the regulation of the Dubuque and Dunleith Ferry,
W~rrRr~s, ]~y a contract made and e~ered into on tho loth day
of ~ovember, in the year 1856, by and between tbs city of ~u.
buqne, of ~he firs~ par~. and Charles Gregoire and others, of the
second par;, ~ho said Charles Grogoire and others are licensed
and allowed to keep and maintain a fe~wy~ ;o run fi'om said city
of Dubuque ;o ~he Illinois shore a~ ~unlei~h. And in the said
con~rac~ ~he righ~ ~o fix the rares of ferriage at said ferry is
retained by the said city oF Dubuque. ~herefore.
Be it ordained by the C~ty Council of the ~ity of 2ubuque :
Sro. 1. ~hat the said boat or boats shall leave the regular
landing, which shall be a~ such places as may bo ordered by the
City Council', for conveyance of passengers and frelgh~ to Dun-
leltb, as often as once in every&i~y minu~es, fi'om sunrise till one
houv after sunset of each day from the ls~ day of April, tillthe
day of ~ovember, in each year: 2rov~ded, Tha~ they ~hail nov b~
required to leave mm'e than once within th6 hour from 12 to 1
~E~ISE~) ORDINAi~CES.
o'clock of each day. On and after tho 1st day of l~lovember of
each yeaL till the 1st day of April of the ensuing year, the said
boat or boats shall leave thc said landing for the purpose aforesaid,
once in every hour from sunrise till cue hour after sunse~ of each
day. Said boat or boats shall leave as herein provided, unless pre.
vented by ice, by accident, or thc dangers of navigation.
Src. 2. For carrying passengers and freight from Dubuque to
Dunleith on the boats of said ferry, th~ charges shall bo as follows:
Each foot passenger, .... 10 cents.
It[an and horse, ..... 20
~Each led horse. - - - 15
Wagon, loaded, ~wo horses and driver, 50 "
Wagon, unloaded, ..... 30
Dray, loaded, one horse and driver, 40 "
Dray, unloaded. - .... 25
Buggy or wagon, one horse and driver, 30 "
Buggy, two horses and driver, 50
Ilack, two horses and driver, 60
Gig or sulky~ one horse and driver, 30 "
l~ack or stage, fern' horses and driver, - 100 "
Each additional horse in teams, 10
l~ulc and ox team, same as horse.
Cattle, over 20 head, pot head, 8 "
Cattle, 20 head or less, per head: 10 "
Sheep Or hogs, per head, - - - 5 "
]]ach barrel of flour, no~ in vehicle, 5 "
Freight, under 500 lbs., per 100 lbs., - 5 "
Freight, 500 lbs., or more, per 100 lbs, 4
Src. 3. The owners of said ferry shall cause copies of this ordi-
nance to be posted in not less than three conspicuous places on each
of the said steamboats used for the conveyance of passengers and
freight as aforesaid, to remain whenever said boats may be it[ use;
and shall also cause a list of tho rates of ferrlage as herein estab-
lished, painted in letters and figures no~ less than one inch in
length on a sign, to be placed in a, conspicuous position, at or near
the entrance to the wharf boat of said ferry.
Sro. 4. That at such times as it*may bo impracticable for steam
ferry boats to cross between Dubuque and Dunleith on account of
ice, but the river may be crossed with boats or skiffs,.the proprie~
CITY OF DUBUQUE.
209
tots of said ferry shall provide a sulllcient number of good boats or
skiffs: with able and compe~en~ men, to ~nanago the same, ~o con-
vey across tho river ox' such par~ thereof as may be navigable,
without unnecessary delay, all passengers who may desire to cross
at any hour of the day between sunrise and sunset, and for con-
veyance of each passenger with baggage not exceeding seventy-
five pounds in wmght, the charge shall not exceed twenty-five cents.
S~c. 5. For each and every violation of' this ordinance, the pro-
priet~rs of said ferry shall be subject to a fine of not less than five
nor more than twenty dollars, with costs of prosecution.
CI:[APT2I{ 63.
AN ORDXNANCr to establish Eagle Point Ferry and construct a Levee
in connection therewith.
Be it Ordained by the Cit?y Council qf the City of Dubuque:
Src. 1. That the .[icense and privilege of keeping and maintain-
ing a ferry to be known as the 2sale Point FeinT, £rom the city of'
Dubuque ;o the Wisconsin sidc of the 3~ississippi river, fox' tbs
period of twenty~five years, is hereby granted ;o Anton ~Ieeb,
Titus Schmidt. B. Scherr. Adam Jmeger, T. 2. Frith, J. A. Rbom-
berg~ Geo. W. Scott, John 3~orrison., P. lo. Sadler. and their asso-
ciates, and their assigns, within the limits and under the prowsions.
conditions and restrictions specified in a certain con;fac; enxcred
rotc this 2tst day of January, 1867: between the city of Dubuque
and the persons above mentioned, which con;racs is in the follow-
ina words, to-wit:
"This agreement made this 21st day of January, 1867, between
the city of Dubuque of the first par;~ and Anton l{eek Titus
Schmidt. B. Scherr. Adam Jmger, T. 2. Fritl~ J. A. llhombel, g.,
Geo. W. Scott, John ~orrison. P. l°. Sadler, and their associates, of
the s~/~cond para, witnesseth, that tho city of Dubuque for and in
consideration of the covenants hereinafter contained, does hereby
give and gran; xo the said parties of the second parr. and their
assigu's. [ho license and privilege of keeping and maintaining a
ferry hto be known as the 2agle looint Ferry, for twenty-five years,
across'the ~ississippi river, between the city of Dubuque and the
easterly side of the river, in the State of Wisconsin, the license
and privilege onthe Iowa shore to be limited on th~ south bythe~
RE¥ISED ORDINANCES.
point which is due east from the central point in the south.easterly
end of Sixth ssreo~ in ~[am's Addition to the city of Dubuque, and
on the north by the north end of said city, and is to be exclusiva
within the limits aforesaid; and the said parties of the secor~d
part covenant and agree that within one year fi'om this dare they
will commence and continue running at the place aforesaid a ferr,y
boat sufficient to accommodate the traveling public, and transport
across the Mississippi such freight as may be required. And they
further agree to exorcise all proper care, skill and prudence in
keeping and running said ferry, and to conduct and manage the
same so as to insure the safety and convenience of the traveling
public, and those having occasion to transport freighs. It is further
agreed that tho City Council shall make such rules and regulations
for said ferry as it may deem necessary~ and fix from time to time
the rates of ferriage fi'om tho Iowa side; but tho City Council
shall fix the rates of ferriago lower than the rates of the Dubuque
and I)ualeith ferry: and in/ case the rates are fixed so low as in
tho judgmen~ of the said parties of the second part~ or their
assigns~ to make the ferry unprofitable, or ii' lbr any other.reason
the ferry shall become unprofitable, it shall be competent for the
said parties of tho second par~, or their assigns, to abandon the
license and privilege herein granted by giving the mayor of tho
city three months' notice of such abandonment in writing. It is
further abq'eed that the said parties of the second part shall have
the right to improve the landing, and construct levees, within tho
limits fixed for said ferry, and in case they do so, they shall have
the right to collect wharfage dm'lng the continuance of this con-
tract, and shall also have the right to operate said ferry free
from city tax and payment of license during the same time. The
City Council shall fix the rate of wharfage, which shall at all times
be ~aaiform with rates of other wharfage in the city. It is further
agreed that the said parties of the second part, and their assigns,
shall have the license and privilege to construct on the Iowa shore
within tho limits fixed for said ferry, a sub-marine rail road to be
used in connection with a boat yard for the building and repair of
boats. The failure of the parties of the second part or their
signs to comply with any of the terms or conditions of this con-
tract to be performed on their part, shall work a forfeiture of this
contract, in case the City Council shall elect to declare it forfeited.
]]Ut it shall not be competent for the City Council to declare such
CITY OF DUBUQUE.
211
forfeiture until three months after the said parties of thc second
part, or their assigns, shall have been notified in writing in
suance of a resolution of tho council, that in the opinion of the
council the said parties of the second parr, or their ~ssign~, have
n~ade default, and if during the said three months the said parties
of the second pars, or their assigns, shall keep and perform all the
terms and conditions to be kept and performed by them, then the
forfeiture shall bo considered as saved.
S~o. 2. That the license and privilege to improve the landing,
and construct a levee for tho uso of said ferry and other boats,
within the limits fixed for said ferry, and to collect the wharfage
in accordance with the provisions of the said contract, is hereby
granted to the same persons and their assigns.
Sro.' 3. The contract herein namedls hereby made a part of the
ordinance, and the ordinance shall be in force after its publication
in the official papers of the city. All ordinances and parts of or-
dinances inconsistent with the provisions of this ordinance are
hereby repealed.
Passed January 21, 1867.
CItAPTEt~ 64.
AN (~l~nx~aNc~ to establish a Sub-Marine Railroad.
~e it Ordained by the City Council of ~he City of 3)ubu~e :
Sro. 1. That the license and privilege is hereby granted ~o
Anton Heeb, Titus Schmidt, tk Scheft, Adam Jmger, T. ~J. Frith,
J. A. Rhomberg, Geo. W. Scott, John ~[orrison, P. P. Sadler, and
their associates and their assigns, to conssruct upon the Iowa
shore within the limits fixed for the ~Eagle Point ferry, a sub-
marine railroad to be used in connection with the boat yard, for
the building and repair of boats. ]]ut the City Council~ by reso-
lution, shall have the power at any time to require the construe-
tiou of said sub-marine railroad, and after a resolution of said
council requiring the construction and completion of tho same, the
mayor shall notify the said parties or company, of the passage of
said reeolu.tion, ai~d after receiving said notice, the failure or neg-
lect of said company to have said sub-marine railroad completed
within five years from such notice, shall work a forfeiture of tla~
REVISED OEDI, N~lq'CES.
right herein conferred i but until the expiration of said five years,
tho right herein conferred shall exist in said parties, and shall be
exclusive within said limits.
SEe. 2. rphis ordinance shall be in force ii'om and after, its pub-
lication in tho official paper of the city: All ordinances and parts
of ordinances inconslstmit with tho provisions of this ordinance,
are hereby repealed.
Passed January 21, 1267.
A.I~' ORm~;A~C~ authorizing and regulating Street Railways in th~
City of Dubuque.
Be ~t OrdMned by th~ City Couneil of the ~ity of Dubuque:
S~c. 1. ~h~ the Dubuque Stvee~ ~ilw~y Compa~y~ ~hei~ suc-
cessors ~ud ~s~igns. ba ~nd aec hereby ~mnted ~he exclusive r~gh~
and privilege to consn'uc~, operate and maintain over the s~ree~s
of tho City of Dubuque, s~ree~ railways fro' carrying passengers
and ~cigh~ for ~he germ oftwengy years: from tho let day of
~ober, 1867.
SEC. 2. ~he said company, their successors and assigns, shall
commence tho construction of one or more of said roads~within six
months fi'om this date: and shall have at least two miles of track.
iucluding side tracks, ¢~mple~ed and in ol)eration within one year.
Src. 3. The sai~ company may cons;rue;, opera[e and main
~in ~racks n~on such street, or streets as they may deem expe-
dient, la~ng their track as near the cen~re of tho streets as may
be prac~icable~ and shall keep the space between the rails in repair,
and shall keep the same in proper order as ~o cleanliness.
S_mo. 4. The said parties, their successors and assigns, may rea-
ffiate and establish from time to time, such rates of faro for the
transportation of persons and things over their road as they
see proper: Provided. that the chgrgq for carrying a person {~om
one ex~rerae ;o another shall npt exceed ten cents.
~EO. 5. The Oily of Dubuque reserves the righfto take u~ and
remove the rails of said road whenever it shall be necessary, for the
repair and improvement of the streets, or for laying wa~er~ ~ gna
pipes, or sewers, or for other public pnrposos on tbs.'streets on
CITY OF DUBUQUE.
213
which such rails may be laid, and such repairs and improvements
shall be made by the city and without unnecessary delay, and the
track of said road shall be taken up and relaid by the Rail-
way Company~ at ;heft said company's cost and expense.
SEC. 6. Authority is hereby conferred to lay single or double
track, or both, on said streets of Dubuque, except that but one
track shall be laid upon Hain street, together with such turn,outs,
side tracks and switches as may bo deemed necessary by said
way Company.
SEc. 7. The City Cmmcil hereby reserves the right to make all
necessary and usual police regulations concerning the operation
and managnmen; of said stress roads during the continuance of the
rights and privileges hereby granted.
SEC. 8. The tracks of such roads as may be constructed, shall
be put down in such mannm' as to obstruct ;he streets as little as
lnay be, and tho cars of said company shall take precedence over
other vehicles, persons or things, and if any person shall unnec-
essarily obstruct or impede the running of cars on such track~ he
shall be fined five-dollars for each offence, by any proper court or
justice of the peace having jurisdiction in the case.
SEc. 9. It shall be thc duty of such railway company to ihr-
nish and run a sufficient number of cars to accommodate the ;rav-
eling public. All ears shall carry signal lights after dark. The
rights and privileges hereby granted shall cease and delta'mine as
to ali streets and parts of streets not occupied with tracks within
five years from this date. and a failure to construct and put in ope-
ration at leas; ;we miles of road within one year from this date.
shall operate as a forfeiture of the rights and privileges hereby
granted.
Sro. 10. It shall bo tho duty of said railway company ;o repair
any and all damage done to the streets, cm'bs, sidewalks, gutters.
em., by the cons;ruction and repairing of the ;racks along
the streets as herein provided for: and, further, to protect the
City of Dubuque against all claims for damages arming frets the
construction or management of the tracks provided for herein.
S~c. 11. Noth?ng herein contained shall be so construed as to
deprive the CitjC]'CfDubnquo, of th~ right to authorize [tho] other
railway compafiies frmn crossing the ;racks laid down under tho
authority of this ordinance.
Passed Oct. 4, 1867.
REVISED ORDINANCES.
CHAP~)]gl~ 66.
AN OI4DINANOE 130 regulate the Conduct and Language of perseus in
and about theDubuque Street RaiiwayMars and Buildings.
Be it ordained by the City Council of the City of :Dubuque:
Sr~e 1, That all drivers, conductors, or employees of Dubuque
IIorso Raih'oad Company, are hereby made special police officers,
without any salary to be paid. by the city, and are authorized and
empowered to arres~ and prosecute before any justice of the peace,
any and all pgrsons who shall be found in or around the cars or
buildings used or occupied by said railway company, and such em-
ployee so empowered, shall preserve order in and about the cars~
and any and all persons conducting in an indecent or
disorderly 'manner, or using obscene or indecent language, shah
liable to arrest, and to the penalties hereinafter described.
S~c..2. Any and all persons who shall conduct themselves m
an indecent or disorderly manner, or usxng obscene or indecent
language, in or about the cars or premises of said company, shall
forfeit and pay a sum not less than five, nor more than fifty dollars
for each and evm~ offence, when found guilty by any justice of the
peace, or in any court havigg jurisdiction within the city.
S~c. 8. Any person who shall unnecessarily obstruct, or delay
the operation of any street railway ear, shall be fined in any sum
not less than five, nor more than fifty dollars when found guilty
by any justice of the peace, or cour~ of jurisdiction within this
city.
S~c. 4. This ordinance shall'take effect from an~l after its pas-
sago and publication in tho official papers of tho city.
CJIAPTER 67.
A~ OnnxNANC~ grantillg unto William Ryan, his heirs and assigns,
the rlgl~t to slaughter hogs and horned cattle, and to carry au the
general meat packing busin ess on land in the Dubuque Harbor Com.
party's Addition to this City.
Be it ordained by the City Council office City of Dubuque:
Sro. 1. W~rarxs, William l~yan~ of Galena, J'oDaviess county,
Illinois, proposes to erect a large men~ packing house, on certain
land lying east of Iowa s~reeb and between Dodge and Jones
streets, in the Dubuque Haxbor Company's Addition to this city,
CITY OF DUBUQUE.
which he proposes to purchase; and, WU~R~S, ho is desirous of
having secured to him. his heirs and assigns~ forever, tho right to
slaughter hogs and horned cattle, and re carry on tho meat pack-
ing and cuffing business in all its branches, on said premises, with.
out which he is unwilling to make such purchase and to incur tho
expense necessary *o prepare said premises for said business ;and.
W~ra~xs, it is to tho interest of tho city ~o encourage such un.
dertakings, and we are willing and its our intention, hereby ~o
cure to said /~yan, his heirs and assiggs, the right aforesaid, as
fully and effectually as we can do so; therefore, in order to g~ve
effect to such intention on our part, and, as an inducement to
said Ryan to make said purchase, and to carry out said proposed
undertaking, we, tho City Council of the City of Dubuque, do
hereby grant to said Ryan, his heirs and assigns forever, fldl power
and authority, to slaughter hogs and horned cattle, and ~o carry
on the meat packing and curing business in ail its branches, in any
land lying cast of Iowa street, and between Dodge and Jones
streets in ~tho aforementioned addition ~o this city~ which ho has
already bought or may hereafter purchase: Provided. that in tho
carrying on of said business he shall nor allow filth to accumulate
on said premises so as thereby to create a nuisance.
Src. 2. Thai this ordinance shall take effect from and after the
publication of the same in tho official papers of the city.
Passed lffovembor 5th, 1868.
CHAPTER 68.
AN ORDIN~I~C~: granting certain rights and privileges to Benjamin
F. Smith, Henry ]geed, their associates, successors, or assigns, for
transferring Lnmber.from the Mississippi river to the railroad track.
~eit o~dained by the City Council of the City of Dubuque:
Sro. 1. ]3enjamiu F. Smith,/tenry Reed, their associates, suc-
cessors, or assigns, are hereby permitted to erect and maintain a
building on the levee, near tho north side of Railroad AVenue, using
no~ moro than thirty feet in length of said levee for said building~
in which building they may place and operate a suitable steam en-
gine, boilers and machine,T, to facilitate the business of transfer-
ring, hauling and handling lumber, togothm' with the right to uso
so much of thc levee as is now used for hauling out lumber from
the river as that locality, not to exceed five hundred feet in the
length of said levee, from the northerly line of said Railroad Ave-
nue. for the term of five years from the passage of this m, dinance,
and for such farther time as they may use it for the above pur-
poses, until ~ho Ct? Council shall deem it necessary to have said.
par~ of said levee used for other purposes, and no~ for the pur-
poses named in fhis ordinance, and till said Ci~y Council shall so
order.
S~c. 2. The parties named in this ordinance, their associates,
successors or assi~s~ shMI keep in a suiiable book, which shall.
during ~he usual business hours ore&ok day, be open for the in-
spection of the committee on harbors and wharfmaster, in which
shmll be entered and kept a correct account of all the lumber
handled by them on said territory; and they shall collec~ and pay
over *o ~tl~o What,aster, aH wlmrfage dar the City of Dubuque,
on all kinds of lumber passing ~lmough ~hdr improvemen~ on
said levee.
Sro. 3. SMd parties shall, in no case oxac; or eolIec6 ibr hauling,
handling, washing and loading upon cars.more than one dollar per
thousana f~et board measure--and in like'ratio for all lath, shingle,
pickets, and o~her manufactured and nnmanutkc~ured lumber.
S~c. 4. The parties named in this ordinance, their associates.
successors or assigns, shM1 be subject ;o ail ei~y ordinances printing
to lumber, .and, also, ~o all the peovxsions of section 3. of "an ordi-
nance in rMation to the public laudings, and ~ regulate whmTage,"
passed 2anuary 24th~ 1861.
Sro. 5. So part or,he promises named in ~his ordinauce'shaK
be kep~ or used as a lumber yard for the $~orage and sMe of lnm~
bet: and any viola~ion of tho provisions of this.ordinance shall
render void ~he privileges and rights herein granted.
S~c. 6. In case the parties namsd in this ordinance shall fail to
put into operation their works during the year 1869, or having
done *hus muck, and falling ;o continue ~he use of the same for a
term of more $han thirty days successively, dm'lng the usual lum-
ber season, then, *he rights and privileges hereby granted, shall
revert back ~o ~he city.
Sro. 7. This ordinance shall $ako effect kom and after i~s pas-
sage ann publication in the o~ciM papers of*he city.
CITY OF DUBUQUE.
217
CI{APT]~I~ 69.
Alq' OnDI~ANO~ to provide for thc m~eting of the City Council. Be it Ordained by the Oity Council of the City of 2)ubu~ue :
Sro. 1. That ~he regular meeting of thc City Council shall bo
held on the first Thursday of each month, at the council chamber
in tho City ~aI1: ~°rovided, that the time and place of meeting
may be changed from time to tim9, by resolution, a majority of all
tho members elected voting in tho affirmative.
Sro. 2. That special meetings of the City. Council may be
called a; any time by the mayor, or in his absence by the Presi-
denr2ro tern., by giving each member of the board reasonable no-
tice of such ~neeting, sent personally by ~hc marshal, or by no,ice
left in writing at his usual place of residence, stating the time and
place of such meeting. And it is hereby made ~he duty of the
mayor, or in his absence, of the president pro tern., to call a special
meeting of the council a; any time, upon the toques; of five mem-
bers thoreo£
RESOLUTIOI~.
WheReAS, I~ appears from the record that on tho first day of
April, 1869, the resolution by which the I~evlscd Ordinances
were adopted on the 22d day of i~Iarch, 1869, was reconsidered
by the council, and doubts have arisen as to whether or not said
resolution was reconsidered; therefore,
2e i~ resolved by the City Council of ~he ~y of ~ubu~ue, That
the resolution by which said "Revised Ordinances" were adopted
on s~id 22nd d~y of ~{arch~ 1869~ be, and ~hc same is hereby
re-adopted and confirmed, and ~hat said o~dingnces bo in force
~rom and after their publication, ~s therein provided.
Adopted, ~ay 6tk 1869.
(Attest) W.J. KNIGHT, ~ayor.
FRANK ~LAB~ Recorder.
CITY COUNCIL OF DUBUQUE.
t:~TJLE5 OF OEDEI~.
RuL~ 1. The rules of procedure and order of business, shall be
strictly adhered ~o by the City Council. unless ~hey sh~ll bo
porarily suspended by the consent of three-fourths of the ~ldermen
Rwr-2. The City Council shall mee~ regularly on tho first
Thursday of each month, st 9 o'clock. A. ~.
RcI~ 3. Spcci~l meetings of the council may be c~lled ~
~ime by the m~yor, or in his absence by the prcsldent 2rb t~m., b~
giving ~o each member ro~son~blo notice of such mcoting~ son~
personally by the m~rshal, or by notice in wEt,rig lcf~ ~t his usual
place of residence or business, stating thc time and place of such
meeting. And it shMl be the du~y of the mayor, or in his
sence, of the president pro tern., ~o c~]l ~ special meeting of the
9ouncil at Shy time, upon tho request of five members thereof.
~u~ 4. The m~yor, when present, shall preside ~5 meetings
of the coungil, ~nd sh~lI have the casting vo%e ~nd no o~her.
R~nr 5. At all meetings of the council, a m~jority of all the
dermen elected stroll constitute ~ quorum ~o do business, but
minority may ~djourn fi'om day to d~y, ~nd compel the attendance
of~bsen~ members, by a fine of not to exceed ten dollars for each
and every such offence.
~c~r 6. At tho hour of meeting, tho members sha~l be called
to order by the mayor or president pro tom., or in their absence by
the recorder, who shah proceed to call the roll. no~e the ~bsen~ees.
and announce whefiher a quorum be present. If made necessary
by the absence el the mayor and president pro tern,, the members
present may elect one of their number president for tho occasion.
~pon the appo~ranco~of ~ quorum, and being duly organizcd~ tho
council sh~ll proceed to the business before them, which sh~ll
be conducted in the order following:
1st. I{eadlng of the minutes of the last mooting--amendment
and approval of the same.
26. Presentation of petitions and communications.
3d. RepOrts of off'cots.
4th. Reports of standing committees.
5th. Reports of sdect committees.
6th. Untlnlshcd business of pre¢eding moetlngs.
Yth. ~otions, resolutions and notices.
8th. Presentation of bHIs.
~ ~ The mayor shallpreserve order and decorum~ and shMl
decide questions 0f 0rder~ subject to an appeal to the council.
~n~ 8. While the mayor is putting ~he question, no member
shall walk across o~ out of the council room.
R~n~ 9, ~o member shall 1cave the sittings o~ the council
without leave of tho president:
R~r 10. Every member, whcu desirous of spe~king, shall
rise from bls seat, address himselfto the mayor and say, "~r.
President/' but shall no~ proceed with his remarks until recognized
and named by the chair.
Rs;~ 11. Persons other than members of the council shall not
address the council otherwise than in writing.
Rcn~ 12. ~o member shall speak lucre than twice on the
same general question, withou~ ~he leave of three-fourths of the
members present. .
Een~ 13. While a member is speaking no member shall enter-
tain private discourse, or pass between him and the chair.
R~n~ 14. A member called to order, shall immediately sit down,
unless permitted to explain. If ~hcre be ~o appeal, the decision of
the chair shall be conclusive; but if the member appeal from the
decision of the chair, the council shall decide on the case without
debate.
Rent 15. All motions and resolutions shall be reduced to
writing, i~required by the president or a member, and when sec-
onded and stated by the chair, shallbe open for eonslderation; and
no mot/on or resolution can be withdrawn after it shall have been
amended or decided.
R~nr 16. Every member who shall be present when a ques-
tion is s~a~ed from the chair, shall vote thereon, nnless excused by
the council, or unless he be directly interested ia the question, in
which case he shall not vote.
RULES OF ORDER.
RUnE 17. If a vote is doubted, any member may call for a divis-
ion, and the question shall then bo decided by tho members rising
in tholr places. The ayes and noes may be called for by any one
member;in which case tho names of tho members voting shall bo
recorded on the minutes.
kquL~. 18. If the question in debate contain several distinct
propositions, any member' may have the same divided.
l~vL~ 19. When a blank is to bo filled, and different sums and
terms are proposed~ thc question shall first bo put upon the largest
sum and longest time.
Ru~ 20. l~ofions on the subject under consideration, shall hays
preced6Eee in the following order:
1st, To lie on tho table,
2d. To postpone.
3d. To sommit.
4th. To amend.
l~en~ 21. A motion to adjourn shall always bo in order, exceps
that it shah not be repeated without tho intervention of some other
proceeding; it shall have precedence over all other motions, and
shall bo decided without debate.
l~un~ 22. A motion /Dr the "previous question," to lis on the
table, dr ;o commit shall, until it is decided, preclude all amend-
mens and debate on the main question, and a motion ~o postpone
indefinitely, or ;oa certain day, shall, nntil it is decided, preclude
all amendments on tho main question.
Ru~ 23. The "prcwous question" shall be as follows: "Shall
the main question bo now put.?"
Ruz~ 24. A motion to recof~sider shall not be entertained,
copt on the same day, ov at the next succeeding regular meeting
after the day on which thc vote was taken, and shall be made only
by a member who voted with the majority.
Run~ 25. Ail coramittees shall be appointed by th6 mayor, or
In his absence, by thc president ~ro tern., Enless otherwise directed
by the council.
R~nr 26. Standing and select committees shall in ali cases re-
port in writing. Ail reports of committees shallbo addressed. "To
the mayor and aldermen," or the "city council" of Dubuque.
Rr~,r 27. The standing committees shall be appointed annually,
and tho person first named on the committee shall be chairman
thereof. The following shall be standing committees, to,wit:
CITY OF DUBUQUE.
lat. On finance.
2d. On ordinances.
3d. On claims.
4th. On streets.
5th. On harbors.
6th. On mar/rots.
7~h. On public ga'onnde and buildings.
8th. On printing.
9th. On fire dcpartmeEt.
10th. On police.
RU;nE 28. All appointments to office by the council shall be by
ballot or viva voce, as the council ~hall determine, and a majority of
tho mmubm's present shall be necessary to a choice.
It~nE 29. All ordinances or by-laws of a general or pe~qnancnt
nature shall be fully and distinctly read at two regular meetings of
the council, before tlieir final passage. 1~o ordlnanco shall contain
or relate to more than one subject, which shall be clearly expressed
in its title.
RULE 30. The city recordm' shah direct al! papers to appropri-
ate committees and officers, as early as the next day after therefor-
once shall have been made. and tho marshalshall deliver thc same.
The recorder shall attend all the meetings of the council.
][{~JI,E 31. The marshal shall have charge of the council room~
shall attend ali meetings of tho council, and assist in preserving
order.
R~LE 32. The conncil shall keep a j)urnal of its proceedings,
which shall be open at all times for inspection: shall make and en-
force rules for its government: compel the attendance of absent
members, when necessary; punish for disordmqy conduct; and by
a vote of two-thirds of the aldmanen elected may. m their discre-
tion, expel any member. ]]ut if such mmnber be re-elected to fill
the vacancy occasioned by such expulsion, he shall not again be
expelled fox' the same offence.
RuW 33 No personalities or reflections inj mqous to the feellngs
of any mmnber, or thc harmony ~f the council, shall be tolerated,
and every person indulging in such personalities shall be called to
order by the chair.
INDEX TO LAWS.
Act of Oongress laying off]Dubuque .............................................................................. 8
"1847 ....................................... .., ............................................ ~2, 4a, ~§
INDEX OF ORDINANCES.
Offences--Disturbing Pea~o, ~Ouni~hed .......................................................... I~1,102 to 155
Offe · ed .................. ' ........... . .......... 162
................... ............. 165
Smith, nj.. ,. .......................................................... 0
ERRATA.
Page 132--Sec. 8, 3d line. read "ordinance' in plmce of "office."
Page 137--Auctioneers Sec. 1.4th line. insert after the word "sale"
the word "provided."
Page 140--Billiards. Sec. 2. 8d line. for "such' read '~each."
Page 142-Sec. 8. 2d linc, for "eight" rc~d "seven."
Page 161--Chapmr 30. ~d line from ghe boStom, read section "2' in-
s;earl of "3."
Pagc 201--Scc. 1.2d'Iine. read ':their" instead of "this"
CITY OF DUBUQUE,
RF~CORDIgR'S OFFIGr Jrmo 18th, 1869.
I hereby certify that the ordinances and resolutions hercln
cm~tained are :orrec5 copies from the records in my office.
FRANK GLAB,
Recorder of the City of ])ubuclue.