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City Charter and Ordinances of Dubuque Iowa 1861CARNEGIE-STOUT PUBLIC LIBRARY (DUBUQUE) 11 11 11 11 11 3 1825 00332 5803 R 352 DUB Iowa Books 1861 • CLASS R BOOK Daic 352 6602122 Carnegie -Stout Free library DUBUQUE, IOWA IOWA BOOKS R 352 DUB Iowa Books Dubuque (Iowa) City charter and ordinances of Dubuque. Iowa, 1861 CITY CHARTER AND ORDINANCES DUBUQUE IOWA DUBUQUE PUBLIC LIBRARY DAILY TIMES BOOK AND JOB PRINTING HOUSE, 56 AND 58 MAIN STREET. 1861. CITY CHARTER. AN ACT for revising and consolidating the laws incorporating the City of Dubuque, and to estab- lish a City Court therein. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all that part of the county of Dubuque, in the State of Iowa, included within the following boundaries, to wit: Begin- ning at a point in the middle of the main channel of the Mississippi river, in the south line continued of section thirty-one (31) in town- ship 89 north of range three (3) east of the fifth principal meridian; thence west along the south line of said section continued, and along the south line of sections thirty-five (35) and thirty-six (36) in the same township, of range two (2) east of the fifth principal meridian to the west line of said section thirty-five (35) ; thence north along the west line of sections thirty-five (35), twenty-six (26), and fourteen (14) to the north line of said section fourteen (14); thence east along the north line of said sections fourteen (14) and thirteen (13) to the range line between townships two (2) and three (3) east of said meridian; thence north on last mentioned range line, to its intersection with the north line .of section seven (7) in the same township of range three east of said meridian; thence east along the north line of section seven (7) and along said line contin- ued to the main channel of the Mississippi river; thence down the middle of the main channel of the Mississippi to the place of be- ginning, shall be and is hereby declared to be a city, and the in- habitants thereof are created a body corporate and politic, with perpetual succession, under the name and style of the city of Du- buque, and as such, and by that name, shall be capable in law of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, in all matters whatsoever; and also of 6=' C2i22 4 purchasing, using, occupying, enjoying, and conveying real, per- sonal, and mixed estate, and may have and use a corporate seal, and may change, alter and renew the same at pleasure; and shall be competent to have, exercise and enjoy all the rights, immunities, powers and privileges, and be subject to all the duties and obliga- tions incumbent upon and appertaining to a municipal corpo- ration. SEC. 2. The right and power to exercise the corporate powers hereby and herein granted, and the administration of the fiscal, prudential and municipal affairs of said city, with the conduct, di- rection and government thereof, shall be vested in a mayor and aldermen, to be denominated the city council, neither of whom, while holding their respective offices, shall hold any other under the city government; and in a recorder, auditor, treasurer, mar- shal, city judge, clerk of city court, and city attorney, and such other officers as are herein mentioned, or as the city council, for the better fulfilment and administration of the corporate duties and powers herein granted, may by ordinance create and establish. SEC. 3. The mayor, aldermen, recorder, treasurer, auditor, mar- shal and city attorney, shall be elected at the annual election, by the qualified voters of said city, as hereinafter provided, and the said recorder, treasurer, auditor, marshal and city attorney, shall hold their offices, respectively, for the term of one year from the date of their election, and until their successors are elected and qualified. Such other officers as the city council may by ordinance provide for, shall be either elected by the people or appointed by the city council, as such ordinance may determine ; if elected by the people they hold their offices for the term of one year, and until their successors 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 at the pleasure of the council. All city officers, before entering on the duties of their respective offices, shall take an oath or affirmation to support the constitution of the United States and the State of Iowa, and faithfully and impartially to per- form the duties of the offices to which they may be elected or ap- pointed, and when required by the council shall, except the city judge, give bonds in such sums and with such sureties as the coun- cil may determine and approve, for the faithful performance of all the duties appertaining to their respective offices. All elective offi- cers shall be citizens of the State of Iowa, and qualified voters in said city. 5 S EC. 4. The annual election for city officers shall take place on the first Monday of April in each year. Polls shall be opened in each ward under the direction of judges of election, and a clerk to be appoint- ed by the city council. It shall be the duty of the mayor at least ten days previous to each election to issue his proclamation, setting forth the time and place at which the polls shall be opened, which shall be published in the official paper of the city. The rules pre- scribed by law for the regulation of township elections shall govern as far as applicable, the election of city officers, and returns 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 the day of election, at a regular meeting of the city council, or at a special meeting to be called for that pur- pose, open the returns in the presence of the council, and the coun- cil upon examination and comparison of the returns, shall judge and decide the result, and these proceedings shall be entered upon 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 Dubuque, and who shall have resided in said city for the space of six months, shall be qualified to vote at city elections in the ward where he resides. SEC. 5. The city of Dubuque shall be divided in such manner as the city council may by ordinance determine, into five or more wards, which may be altered or changed at the pleasure of the said council: Provided, That such change shall not affect the right of any member to hold his seat during the time for which he is elected. Two aldermen shall be elected from each ward, who shall hold their offices for the term of two years, and these terms shall be so arranged that one alderman shall be elected from each ward each year. Any citizen who is a qualified voter in said city may be elected alderman from the ward in which he resides, and a removal of his residence from such ward shall be deemed a vacation of his office. No member of the city council shall be directly or indirectly inter- ested in the profits of any contract or job for the city, and to be- come 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 in which he is directly or indi- rectly interested. SEC. 6. The city council shall have power to judge as to the qualification of its members, and to establish rules and regulations 6 for the government of its proceedings; and to prescribe the times and places at which the meetings of the council shall be held ; and to make all ordinances necessary and proper for carrying into effect the powers herein granted, and to enforce obedience to such ordi- nances by fine not exceeding one hundred dollars, or by imprison- ment not exceeding thirty days, or by such fine and imprisonment. SEC. 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 office until the next succeeding April election, when the vacancy shall, if an elective office, be filled by election by the people. Second —To establish and fix the salaries and compensation of all officers 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 punishment of all lewd and lascivious behavior in the streets and other public places in said city. Fifth —To prohibit the erection in any square or fraction of a square in said city, of any building or of any addition to any build- ing, except the entire walls thereof shall be of stone, or brick and mortar, and to provide for the removal of any building erected con- trary to the 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 prohibit the establishment of an independent fire company or companies, after the passage of this act. Seventh —To require and compel the removal of all obstructions of the public streets and alleys, and the abatement of all nuisances in said city. Eighth —To cause all grounds or lots where water shall at any time become stagnant, or remain standing, to be raised, filled up or drained at the expense of the owner thereof, and to effect this ob- ject the said council may give notice to the owners thereof, or their agents,or in case of non-resident owners without known agents, notice may be given by publication in one or more of the newspapers pub- lished in said city, to fill up, raise, or drain such grounds at their own expense, and the council shall designate how high such grounds 7 shall be filled up or raised, or in what manner they shall be drained ; and in case the owners shall fail to fill up, or drain such grounds, within the time designated in said notice, the city council may cause the same to be done at the expense of the city, and assess the expenses thereof against said grounds, and such assessment shall be placed in the hands of the city collector, who shall proceed to collect the same, with costs, by sale of such grounds in such man- ner and under such restrictions and regulations as may be provided by ordinance: Provided, the owners of such grounds shall have the right to redeem within one year after sale, by paying the pur- chasers the amount by them paid with 10 per cent interest thereon. Ninth -To make regulations to secure the general health of the city, and to cause the removal of all dirt, filth, or other nuisance which may at any time be accumulated upon any lots, or streets and alleys in said city, at the expense 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. Eleventh —To prohibit hogs, cattle, horses, and all other animals from running at large in the streets, alleys and public places in said city. Twelfth —To establish a day and night police, and punish resist- ance to them or any other city officers in the discharge of their duties. Thirteenth -To open, alter, extend, widen, establish and vacate, and to grade, pave and otherwise improve, clean and keep in repair the sidewalks, streets, alleys, wharves, docks, landings, and other public grounds of said city. Fourteenth —To establish, erect and keep in repair, bridges, cul- verts and sewers, and regulate the use of the same; to establish, alter and change the channel of water -courses, and to wall them up and cover them over. Fifteenth —To erect market houses, ettablish market places, and provide for the regulation and government thereof. Sixteenth —To provide for all needful buildings for the use of the city, and for enclosing, improving and protecting all public grounds belonging to the city. Seventeenth —To regulate the use of wharves and public land- ings, fix the rate of wharfage, and regulate the stationary anchorage and mooring of all boats and rafts within the city. 8 Eighteenth —To license, tax and regulate auctioneers, peddlers and traveling merchants, grocers, merchants, retailers, hotel -keep- ers, and keepers of livery stables, of eating -houses, boarding houses, saloons, and places of amusement, and bankers, dealers in money, warrants, notes and other evidences of indebtedness, and works of all -kinds. Nineteenth —To license, tax and regulate hackney carriages, om- uibusses, wagons, carts, drays, and all other vehicles, and porters, and fix the rates to be charged for the carriage of persons, and for the wagonage, cartage, drayage or porterage of property. Twentieth -To license, tax, regulate and suppress theatrical and other exhibitions, shows and amusements, and billiard tables, ten- pin alleys, and to suppress gambling houses, andbawdy-houses, and houses of prostitution; also to tax and destroy dogs; to regulate the weights and measures to be used in said city ; to provide for the inspection of wood. and lumber, and for the inspection and weigh- ing of coal and hay, and to provide for and regulate the inspection of beef, pork, flour, butter, lard and other provisions, and to regu- late the vending of meat, poultry, vegetables and other provisions. Twenty -first —To establish regulations respecting character and size of the foundation and other walls of' buildings in said city, and to enforce the same by the removal of buildings erected in violation of such •regulations at the expense of the owner or lessee of the lots upon which they are situated. Twenty -second —To purchase land or other property for the use of the city, and to dispose of all personal property of the city at the pleasure of the council, and of the real estate of the city, when authorized so to do by the majority of the legal voters; and the council may by ordinance provide for submitting the question of the sale of the real estate, or any part thereof, to the voters of said city, in such manner and at such times as it may deem expedient. Twenty -third —To collect taxes to defray the current expenditures and pay the debts of the city: Provided, that the tax for any one year shall not exceed one per cent. upon the assesbed value of all property taxed. Twenty -fourth —To provide for the assessment of all taxable property in said city, with reference to taxation for city purposes. Appeal shall lie from the assessment, of any officer appointed by the city council to assess property, to the city council, whose adjudica- tion shall be final. 9 Twenty -fifth —To audit all claims against the city, and order the payment of such as shall be allowed. Twenty -sixth —The city council shall have the exclusive right to license and regulate ferries, and to establish the rates of ferriage between Dubuque and the opposite bank of the Mississippi river. Twenty -seventh —To make all such ordinances as to them shall seem necessary to provide for the safety, preserve the health, pro- mote the prosperity, and improve the morals, order, comfort and convenience of said city and the inhabitanrs thereof. SEC. 8. The ordinances passed by the city council shall take ef- feet from and after the 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 the recorder in his record of the ordinances, and such record shall be evidence of the time and fact of such publication: Provided, That the city council may au- thorize the revision and publication of the ordinances in book or pamphlet form, in which case such revised ordinances shall take effect from and after the date of such publication, and such book or pamphlet shall contain the resolution of the city council authori- zing 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 without further proof, as presumptive evidence of such ordinances and resolutions: And provided further, That the city council may provide for the taking effect of any ordinance not before a day certain therein spe- cified. All ordinances passed by the city council shall be signed by the mayor and attested by the recorder, and shall be recorded in books kept for that purpose. SEC. 9. All orders of the city council for the payment of money, shall be signed by the mayor and attested by the recorder, and countersigned by the city auditor. SEC. 10. All fines and forfeitures collected for violations of city ordinances shall be paid into the city treasury, and the mayor shall see that the same is done without unnecessary delay. Snc. 11. The mayor is the executive officer of the city, and it is his duty to be vigilant and active at all times, in causing the ordi- nances and regulations of the city to be put in force and duly exe- cuted, and shall take care that all officers under the city government comply with the law and ordinances and resolutions of the council; he is ex-officio president of the city council, but shall have no vote therein except a casting vote when there is a tie. The city council 2 10 shall elect a mayor pro tempore, who in case of the absence or Ina. bility of the mayor, shall discharge all the duties and possess all the powers that belong to the mayor. SEo. 12. The recorder shall be secretary of the city council, and shall keep a full record of the proceedings ; he shall have the cus- tody of all the records, books and papers of the city, and of the city seal, and shall discharge such other duties as may be devolved upon him by law or ordinance, and shall keep his office at such place as the city council shall provide and designate. SEc. 13. The city auditor shall keep in proper books provided for that purpose, a full and fair exhibit of the finances of the city, its revenue, expenditures, indebtedness and audits. He shall coun- tersign all orders on the treasury drawn for money appropriated by the city council, when signed by the mayor and attested by the recorder, and shall perform such other duties as the council may by ordinance or resolution require. SEC. 14. It shall be the duty of the marshal to attend the meet- ings of the city council, to execute its orders, to arrest and bring r court withor w' ant all whom he shall 11 vided, That the proposition to borrow money shall first pass the city council, and shall then, under proclamation by the mayor, be submitted to the vote of the people, which proclamation shall state the amount 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, and the issuing of the bonds. SEc. 18. The city of Dubuque is constituted a special road dis- trict, and the care and supervision of the highways in said city is devolved upon the city council; and the city council is authorized, in addition to the 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 the county court. No county or township officer having the care or supervision of roads is required to expend labor upon the 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. before the prope , without warrant, performSEC. 19. The citycouncil shall have power to open, widen or find in the actual violation of any ordinance, and to such ( extend anystreet or alleyin said city,and under such regulations other duties as may be devolved upon him by law or ordinance. as mayby ordinance be . prescribed, ma cause a juryto be sum- mTh oned poi city council may by ordinance authorize the marshal to ap moned who shall apportion and assess the damages and benefits point deputy marshals. which anyperson maysustain byreason thereof; upon the lots or SEc. 15. It shall be the duty of the city treasurer to take charge lands adjoining,or in the immediate vicinity,which maybe bene- of and keep the funds and moneys be the city; tohe shall keep the fitted thereby and such apportionment and assessment shall be funds, to denominated the "general Y pp returned to the city council, and shall be collected and paid into the city treasury. Notice must be given to all persons whose property is appropriated, in writing or by publication, or they will not be bound by the proceedings. The damages assessed to any 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. The date at whichany property shall be considered as appropriated shall be at the time of the passage of a resolution by the council ordering the laying out and establishment of the street, and the jury shall be summoned to assess the damages at least within one month thereafter, and their apportionment shall not be subject to be quashed by the city council, but may be returned to the same jury for the correction of any irregularities or informalities. SEC. 20. The marshal shall notify the owners of all lots and grounds against which any sum shall be apportioned, to pay the same in three separate fund," the "road fund," and the " school fund," and shall pay out money only upon orders from the city council, signed by the mayor and attested by the recorder, and countersigned by the auditor, or upon orders from the board of education under authority of ordi- nance, which orders shall specify the fund drawn upon. He shall keep an account with each fund, and shall from to time to time re- port his receipts and expenditures, as required by the city council. SEc. 16. It shall be duty of the city attorney to appear for the 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. SEC. 17. The city of Dubuque is authorized to borrow money upon the credit of the city, and to issue the bonds of the city . P 12 same within thirty days. In cases where neither such owners, nor any agents shall be residents of the city of Dubuque, or are un- known, notice may be given by publication in any newspaper in said city for two weeks. If default of payment shall be made, the recorder shall deliver to the collector of taxes for the city a state- ment of the same, and he shall proceed to collect the same by sale of the property as may be prescribed by ordinance. SEC. 21. The city may levy a special tax on any lot or lots, or the owner thereof, on any alley, street or highway, or any part thereof, for the purpose of grading, paving, or macadamizing the same, or for the purpose of grading,paving or curbing the side. walks, and may collect the same under such regulations as may be. prescribed by ordinance. SEC. 22. The city may appropriate lands for the purpose of using the same for jails, workhouses, markets, and other public buildings, and to provide for supplying the city with water by con, strutting aqueducts, reservoirs, and other conveniences, and when compensation therefor cannot be otherwise agreed upon, it may be ascertained as follows The city shall make application to the city court by petition, setting forth the facts in the case, and praying that the damages may be ascertained by a jury in said court, and for judgment condemning the ground and vesting the title thereof in the city, and the court may proceed without further pleadings, toassess the damages against the city, and render a decree accor- dingly. SEC. 23. No addition to the city of Dubuque shall be lawful un- less it is first submitted to the city council. for their approval, who shall have exclusive authority toprovide for and regulate the width. of streets and alleys in such addition, and when the same shall be so approved of, it shall be admitted torecord. on the records of the city, and shall thereafter become a. lawful addition thereto : Provi- ded, that the owner or owners of the landincluded in said addition shall furnish for the use of the city, a. correct map of the same for public reference, and, the provisions. of chapter 42 of the code of Iowa, shall also be complied with in all such cases, sofar as the same are applicable and not inconsistent with this act. Section 24, 25, 26. and 27 repealed. SEC. 28. There shall be and is hereby established in the city of ; which Dubuque a court, to deand have a seal, andnominated he city cthetoflicers thereof shall be a court of record shall be a judge, clerk, and the city marshal. Said court hall hold a session every day during the year, except Sundays, the Fourth of 13 July, Thanksgiving day, Christmas day and New Year's day; but its sessions shall be divided into monthly terms, commencing on the first Monday of each month. It shall be held at some suitable place to be provided by the city council. SEC. 28. The judge of the city court shall be elected at the an- nual election in said city for city officers, and shall hold his office for a term of four years ; he shall be a qualified elector of said city, and learned in the law ; he shall take and subscribe in writing the same oath required by the judges of the supreme and district courts, and file the same with the recorder, and shall likewise be commis- sioned by the mayor. His salary shall be fixed by the city council, and shall not exceed fifteen hundred dollars per annum, payable out of the city treasury. SEC. 30. The clerk of said court shall be elected at the annual election; shall be a qualified voter of said city, and shall hold his office for the term of two years; he shall give bond to the pity of Dubuque in the sum of five thousand dollars, with a condition in substance the same as required by law of the clerk of the district court, and on the back thereof shall subscribe the same oath re- quired of the clerk of the district court. His salary shall be fixed by the city council, and shall not exceed one thousand dollars per annum payable out of the city treasury. SEC. 31. The powers, duties and responsibilities of the judge, clerk, and marshal in said court, shall correspond to those of the judge, clerk and sheriff in the district court, and the authority of the process of said court shall have the same extent and limitation as that of the district court, and maybe served by the city marshal, or by any sheriff; but the marshal shall not have power to serve process, other than subpoenas, beyond the limits of said. city. SEC. 32. Said court shall have jurisdiction of all offences and suits under city ordinances, and shall have general jurisdiction con- current with the district court in all civil cases, and shall have con- current jurisdiction with justices of the peace in all criminal cases. In civil cases the defendantmust reside, or if a non-resident of the State, must be found in the city of. Dubuque, or in cases of attach- ment 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 toreal property, such property or some part thereof must lie in said city, or some part of the personal property mustbe found therein; when by its terms a contract is to be performed in the city of Dubuque, suit for 14 the breach thereof may be brought in said court. Suit may be brought in divorce cases in said court, if the plaintiff resides in said city. Appeal from the city court lies directly to the supreme court of the State of Iowa. SEC. 33. The rules and regulations of law which govern the dis- trict court, shall govern the city court as far as applicable. In order to provide juries for said court, the clerk thereof, at least ten days prior to the commencement of each term, shall issue a venire to the marshal, who shall, within five days thereafter summon twen- ty-four jurors,qualified electors of said city, and otherwise qualified to serve as jurors in the courts of this State, to appear in said court on the second day of the next term thereof. The jurors summoned for any term may be dismissed as soon as the docket of jury cases for that term is disposed of; and if a jury shall afterwards be re- quired to try any cause coming before the court for such term, a special venire shall issue. If a jury cannot be obtained otherwise, talismen may be summoned by the marshal from the city or the bystanders. If any juror fail to appear in obedience to summons, he may be brought into court by attachment, and if he fail to show reasonable excuse, he may be fined as for contempt, in any sum not more than ten dollars and costs. No man shall be required to serve as regular juror at more than one term in any one year. When a jury is demanded, a jury fee of three dollars shall be taxed. among the costs. Sic. 34. Actions for the violation of city ordinances shall be brought in the name of the State of Iowa, for the use of the city of Dubuque. The proceeding shall be by information sworn to, which shall be filed with the clerk of the city court, or with any justice of the peace having his office within said city, whereupon said clerk or justice of the peace shall issue a warrant for the ap- prehension of the accused. But the city council may by ordinance provide that certain designated officers may arrest any person actu- ally found violating any ordinance, and commit them for trial with- out warrant; the trial shall be in a summary manner, and without the intervention of a jury, unless demanded by the defendant. SEc. 35. The fees in the city court shall be the same as in the district court, and the same, and all fines and forfeitures shall be accounted for by the clerk of said court to the city of Dubuque, and shall be paid into the city treasury as often as the city council may direct. The fees of the marshal and other officers serving the pro- 15 cess and executing the orders of said court, belong and are payable to the officers serving the same. SEC. 36. In case of the absence or disability of the city judge, the criminal business pending in the city court shall be transferred to some justice of the peace having jurisdiction of the subject matter, by a delivery to him of all papers relating to the same, who shall proceed to dispose of the same as if the prosecution had ori- ginally commenced before him ; and all civil business shall be con- tinued as in like cases in the district court. SEc. 37. The city of Dubuque shall be and hereby is invested as the lawful owner and proprietor, with all the real, personal and mixed estates, and all the rights and privileges thereof, together with all the property, funds and revenues, and all the moneys, debts, accounts and demands due and owing, or in any wise belong- ing to the city of Dubuque, under any previous act of incorpora- tion, and all rights, interests, claims and demands against or in favor of said city, may be continued, prosecuted, defended and col- lected in the same manner as though this act had never been passed. SEc. 38. The city council shall provide by ordinance for the mode in which charges may be preferred against any officer under the city government, and for the hearing of the same, and they may remove any city officer, except the city judge, from office, as provided in the next section. SEc. 39. Any member of the city council may be expelled or removed from office by a vote of two-thirds of all the aldermen elected; but not a second time for the same offence ;,and any officer under the city government, appointed by the city council, may be removed from office by a vote of a majority of all the aldermen elected; but it shall require a vote of two-thirds of all the alder- men elected to said council to remove any officer elected by the voters of the city, or of any ward or district. SEc. 40. The city council are authorized to levy in each year a special tax, to pay the interest on such loans as are authorized by the seventeenth section of this act. SEC. 41. The aldermen of the city of Dubuque, and all other officers now elected, shall hold and exercise their offices for and during the term for which they are chosen. SEc. 42. All acts and parts of acts heretofore passed relative to the incorporation of said city of Dubuque, shall be, and the same are hereby repealed, as far as the same come within the purview of 16 this act. All ordinances passed under 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 altered or repealed, and shall be deemed in compliance with the requirements of this act as far as applicable. SEc. 43. This act shall be taken and viewed in all courts as a SEC. 44. This act shall be submitted for the approval ofthe public act. electors of the city of Dubuque, at an election to be held on the first Monday in March, A. D. 1857, but prior to said election the whole act shall be published in the North-West, the Tribune, the Express and Herald, the National Democrat, the Republican, and the Staats Zeitung, newspapers, at the expense of said city. The tick- ets which shall be polled at such elections shall contain either the words, "For the amended charter," or "Agn t the amended charter." And if a majority of all the legal votes at such election shall be in favor of the amended charter, then this act shall be in force from and after its publication in the North-West and Express and Herald newspapers, without expense to the State. If a major- ity of such electors shall vote against the amended charter, then this act shall not be in force until after the next session of the Gen- eral Assembly of the State of Iowa. Approved January 28, 1857. Timothy Fanning, David Slater, CITY GOVERNMENT OF DUBUQUE Front its Incorporation in 1841 to 1861. 1841. CALEB H. BOOTH, Mayor ALDERMEN: Jesse P. Farley, Charles Miller, Edward Langworthy, W W Coriell, H Simplot, Simothy Fanning 1842. SAMUEL D. DIXON, Mayor ALDERMEN: John Thompson, Jesse P. Farley, James Fanning, Joseph Ogilby, John T. Fales, A. Cline 1843. JAMES FANNING, Mayor ALDERMEN: Tmothy Fanning, David Slater, P. C. Morehiser, John H. Thedinga, F. K. O'Ferrall, Joseph Ogilby 1844. F. K. O'FERRALL, Mayor ALDERMEN: John Blake, Elisha Dwelle, John G. Shields, Robert Rogers, Timothy Fanning, John H. Thedinga 1845. F. K. O'FERRALL, Mayor ALDERMEN: Elisha Dwelle, Robert Rogers, Timothy Fanning, John H. Thedinga, John Blake, John G. Shields. 3 18 1846 F K O'FERRALL.......MAYOR ALDERMEN: Hugh Treanor, William H Robbins, Amos Matthews, Michael McNamara, M Mobley, Lewis L Wood 1847. P. A. LORIMIER, MAYOR ALDERMEN: Michael McNamara, Willam H. Robbins, Amos Matthews Morgan Curran, W. J. Gilliam, Lewis L. Wood 1848. GEORGE L. NIGHTINGALE, ....... MAYOR. ALDERMEN: Hugh Treanor, William H. Robbins, John Gunn Patrick Finn, H. S. Hetherington, Lewis L Wood 1849. WARNER LEWIS, MAYOR ALDERMEN: W. D. Waples, Philip Powers, John G. Shields, J. J. E. Norman, F. V. Goodrich, Thomas Hardie, John Gunn. 1850. J. H. EMERSON................... MAYOR. ALDERMEN : L D Randall David Decker John D. Bush, Robert Rogers, Edward Langworthy, H. V. Gildea. 1851. P. A. LORIMIER, MAYOR. ALDERMEN: L. Molony, Joseph Ogilby, John D Bush Caleb H. Booth, Jesse P. Farley, Lewis L Wood 1852. JESSE P. FARLEY, MAYOR. ALDERMEN: M McNamara Wm D Waples James Burt, Henry L. Stout, Christoher Pelan George McHenry 19 1853. JESSE P. FARLEY ........ MAYOR ALDERMEN: James Burt, Thomas McCraney, Ben M. Samuels, M. McNamara, Edward O'Hare, M Mobley, Henry L. Stout, John D. Bush, Antoine Heeb, George Wilde, Edward Langworthy. 1854. JESSE P. FARLEY, MAYOR ADDERMEN: John D. Bush, James Reid, Edward Langworthy, Patrick Quigley, George Connell, Christopher Pelan, M. McNamara, Thos. McCraney, Antoine Heeb, Matthias ham, John King, Frederick Weigel, Edward O'Hare, Frederick E. Bissell. 1855. JOHN G. SHIELDS, MAYOR ALDERMEN: Patrick Quigley, M. McNamara, Morgan Curran, George Connell, Frederick Weigel, Geo. L. Nightingale, Ben M. Samuels, Christopher Pelan, Edw'd Spottswood, John King, Matthias Ham. 1856. DAVID S. WILSON, MAYOR ALDERMEN: M. McNamara, J.J.E. Norman, Morgan Curran, Geo. L. Nightengale, Ben M. Samuels, N. Nadeau, Warner Lewis, Edward Spottswood, Robert Mitton, Matthias Ham, G.C. Kreichmaum. 1857. DAVID S. WILSON, GEO. L. NIGHTINGALE, MAYOR ALDERMEN: M. McNamara, J. J. E. Norman, Geo. L. Nightingale, James Woolnough, Samuel Virden, Warner Lewis, N. Nadeau, Robert Mitton, Geo. Ord Karrick, G. C. Kreichbaum, Antoine Heeb, Adam Jaeger. 6802122 20 1858. HENRY S. HETHERINGTON, MAYOR. ALDERMEN: M. McNamara, Hugh Treanor, Samuel Virden, John B. Lane, George McHenry, Franklin Hinds, Geo. Ord Karrick, B. B. Richards, N. Nadeau, Robert Mitton, Adam Jaeger, Matthias Ham. 1859. JOHN HODGDON, MAYOR ALDERMEN : Hugh Treanor, Patrick Quigley, JOhn B. Lane, A. Kaufmann, John Mchlhop, Joseph A. Chapline, robert Mitton, Geo. L. Matthews, Matthias Ham, John King 1860. HENRY L. STOUT..............MAYOR. ALDERMEN: Patrick Quigley, Hugh Treanor, A. Kaufmann, John B. Lane, George Connell, George Wood, Geo. L. Matthews, Frederick Weigel, John King, John Bittmann. WILLIAM McLENA'N, Recorder. D. O'C. QUIGLEY, Auditor. RICHARD G. HERRON, Treasurer. JACOB SWIVEL, Marshal. LAMBERT KNEIST, Assessor. JOHN H. O'NEILL, Attorney. S. M. POLLOCK, Judge City Court. BENJAMIN RUPERT, Clerk City Court. Wm. K. DELORIMIER, Harbor Master. CITY COUNCIL OF DUBUQUE. RULES OF ORDER. RULE 1. The rules of procedure and order of business, shall be strictly adhered to by the city council, unless they shall be tem- porarily suspended by the consent of three -fourths of the aldermen present. RULE 2. The city council shall meet regularly on the first Thurs- day of each month, at 9 o'clock A. M. RULE 3. Special meetings of the council may be called at any time by the mayor, or in his absence by the president pro tem. by giving to each member reasonable notice of such meeting, sent personally by the marshal, or by notice in writing left at his usual place of residence or business, stating the time and place of such meeting. And it shall be the duty of the mayor, or in his absence, of the president pro tem. to call a special meeting of the council at any time, upon the request of five members thereof. RIME 4. The mayor, when present, shall preside at meetings of the council, and shall have the casting vote and no other. RULE 5. eAt all meetings of the council, a majority of all the aldermen elected, shall constitute a quorum to do business, but a minority may adjourn from day to day, and compel the attendance of absent members by a fine of not to exceed ten dollars for each and every such offence. RULE 6. At the hour of meeting, the members shall be called to order by the mayor or president pro tem., or in their absence by the recorder, who shall proceed to call the roll, note the absentees, and announce whether a quorum be present. If made necessary by the absence of the mayor and president pro tem., the members present may elect one of their number President for the occasion. Upon the appearance of a quorum, and being duly organized, the 22 council shall proceed to the business before them, which shall be conducted in the order following : 1st. Reading of the minutes of the last meeting -amendment and approval of the same. 2d. Presentation of petitions and communications. 3d. Reports of officers. 4th. Reports of standing committees. 5th. Reports of select committees. 6th. Unfinished business of preceding meetings. 7th. Motions, resolutions and notices. 8th. Presentation of bills. RULE 7. The mayor shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the council. RULE 8. While the mayor is putting the question, no member shall walk across or out of the council room. RULE 9. No member shall leave the sittings of the council with- out leave of the president. RULE 10. Every member, when desirous of speaking, shall e alert e from his seat, address himself to the mayor and say, "Mr. but shall not proceed with his remarks until recognized and named by the chair. RULE 11. Persons other than members of the council shall not address the council otherwise than in writing. RULE 12. No member shall speak more than twice on the same general question, without the leave of three -fourths of the members present. RULE 13. While a member is speaking no member shall enter- tain private discourse or pass between him and the chair. RULE 14. A member called to order, shall immediately sit down, unless permitted to explain. If there be no appeal, the de- cision of the chair shall be conclusive ; but if the member appeal from the decision of the chair, the council shall decide on the case without debate. RULE 15. All motions and resolutions shall be reduced to wri- ting, if required by the President or a member, and when seconded and stated by the chair, shall be open for consideration; and na motion or resolution can be withdrawn after it shall have been amended or decided. RULE 16. Every member who shall be present when a question is stated from the chair, shall vote thereon, unless excused by the 23 council, or unless he be directly interested in the question, in which case he shall not vote. RULE 17. If a vote is doubted, any member may call for a di- vision, and the question shall then be decided by the members rising in their places. The ayes and noes may be called for by any one member, in which case the naiues of the members voting shall be recorded on the minutes. RULE 18. If the question in debate contain several distinct propositions, any member may have the same divided. RULE 19. When a blank is to be filled, and different sums and terms are proposed, the question shall first be put upon the largest sum and longest time. RULE 20. Motions on the subject under consideration, shall have precedence in the following order: lst. To lie on the table. 2d. To postpone. 3d. To commit. ;4th. To amend. RULE 21. A motion to adjourn shall always be in order, except that it shall not be repeated without the intervention of some other proceeding; it shall have precedence over all other motions, and shall be decided without debate. RULE 22. A motion for the "previous question," to lie on the table, or to commit, shall, until it is decided, preclude all amend- ment and debate on the main question, and a motion to postpone indefinitely, or to a certain day, shall, until it is decided, preclude all amendments on the main question. RULE 23. The "previous question" shall be as follows: " Shall the main question be now put ?" RULE 24. A motion to reconsider shall not be entertained, ex- cept on the same day, or at the next succeeding regular meeting after the day on which the vote was taken, and shall be made only by a member who voted with the majority. RULE 25. All committees shall be appointed by the mayor, or in his absence by the president pro tem., unless otherwise directed by the council. RULE 26. Standing and select committees shall in all cases re- port in writing. All reports of committees shall be addressed, "To the mayor and aldermen," or the "city council" of Dubuque. 24 RULE 27. The standing committees shall be appointed annually, and the person first named on the committee shall be chairman thereof. The following shall be standing committees, to -wit: lst. On finance. 2d. On ordinances. 3d. On claims. 4th. On streets. 5th. On harbors. 6th. On markets. 7th. On public grounds and buildings. 8th. On printing. 9th. On fire department. loth. On police. RULE 28. All appointments to office by the council shall be by ballot or viva voccouncil lchoicea a majority of the members present shall benecessary to a RULE 29. All ordinances or by-laws of a general or permanent at two meetings of nature co shall be fully reheir final passage. distinctly d No ordinance shall contain the council, before or relate to more than one subject, which shall be clearly expressed irect all papers to appropri- in its title. city der shall ate committees a RULE 30. The officerss,I as early as the next day after the refer- ence shall have been made, and the marshal shall deliver the same. The recorder shall attend all the meetings of the council. RULE 31. The marshal shall have charge of the council room, shall attend all meetings of the council, and assist in preserving RULE 32. The council shall keep a journal of its proceedings, order. , shall e and. which shall be open en for ocompel thenattendaricekof absent members, rules for government;punish for disorderly conduct ; and by members, when necessary; a vote expel an-tmids of emberthBut if suchelmemberr be re-elected to fill discre- tione expel any the vacancy occasioned by such expulsion, he shall not again be ex- pelled for the same offence. RULE 33. No personalities or reflections injurious to the feelings of any member, or the harmony of the council, shall be tolerated, and every person indulging in such personalities shall be called to order by the chair. AN ORDINANCE establishing the City Seal. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the seal heretofore provided and used by and for the city of Dubuque, having in the center the words "LA PETITE NuIT" and around the edge " SEAL OF THE CITY OF DUBUQUE, IowA," is hereby established and declared to have been and now to be the seal of the City of Dubuque. Passed January 24, 1861. 22 council shall proceed to the business before them, which shall be conducted in the order following 1st. Reading of the minutes of the last meeting —amendment and approval of the same. 2d. Presentation of petitions and communications. 3d. Reports of officers. 4th. Reports of standing committees. 5th. Reports of select committees. 6th. Unfinished business of preceding meetings. 7th. Motions, resolutions and notices. gbh. Presentation of bills. RULE 7. The mayor shall preserve order and decorum, and shall to an appeal to the council. decide questions l e thef emayor istputting the question, no member RULE shall walk across or out of the council room. RULE 9. No member shall leave the sittings of the council with- out leave of the president. RULE 10. Every member, when desirous of speaking, shall rise from his seat, address himself to the mayor and say, "Mr. president," but shall not proceed with his remarks until recognized and named by the chair. RULE 11. Persons other than members of the council shall not address the council otherwise than in writing. RULE 12. No member shall speak more than twice on the same general question, without the leave of three -fourths of the members present. RULE 13. While a member is speaking no member shall enter- tain private discourse or pass between him and the chair. RULE 14. A member called to order, shall immediately sit down, unless permitted to explain. If there be no appeal, the de- cision of the chair shall be conclusive ; but if the member appeal from the decision of the chair, the council shall decide on the case without debate. RULE 15. All motions and resolutions shall be reduced to wri- ting, if required by the President or a member, and when seconded be open ideration; and no and stator resolution y the solutionacanir, hbae for withdrawn wnafter i t shall have been motion amended or decided. RULE 16. Every member who shall be present when a question is stated from the chair, shall vote thereon, unless excused by 23 council, or unless he be directly interested in the question, in which case he shall not vote. RULE 17. If a vote is doubted, any member may call for a di- vision, and the question shall then be decided by the members rising in their places. The ayes and noes may be called for by any one member, in which case the nain.es of the members voting shall be recorded on the minutes. RULE 18. If the question in debate contain several distinct propositions, any member may have the same divided. RULE 19. When a blank is to be filled, and different sums and terms are proposed, the question shall first be put upon the largest sum and longest time. - RULE 20. Motions on the subject under consideration, shall have precedence in the following order : lst. To lie on the table. 2d. To postpone: 3d. To commit. 4th. To amend. RULE 21. A motion to adjourn shall always be in order, except that it shall not be repeated without the intervention of some other proceeding; it shall have precedence over all, other motions, and shall be decided without debate. RULE 22. A motion for the "previous question," to lie on the table, or to commit, shall, until it is decided, preclude all amend- ment and debate on the main question, and a motion to postpone indefinitely, or to a certain day, shall, until it is decided, preclude all amendments on the main question. RULE 23.. The "previous question" shall be as folle,ws : " Shall the main question be now put?" RULE 24. A motion to reconsider shall not be entertained, ex- cept on the same day, or at the next succeeding regular meeting after the day on which the vote was taken, an shall be made only by a member who voted with the majority. RULE 25. All committees shall be appointed by the mayor, or in his absence by the president pro tem., unless otherwise directed by the council. RULE 6. Standing and select committees shall in all cases re- port in writing. All reports of committees shall be addressed, "To the mayor, and aldeimen,"'or the "city council" of`Dubuque. \ 24 RULE 27. The standing committees shall be appointed annually, and the person first named on the committee shall be chairman thereof. The following shall be standing committees, to -wit: lst. On finance. 2d. On ordinances. 3d. On claims. 4th. On streets. 5th. On harbors. 6th. On markets. 7th. On public grounds and buildings. 8th. On printing. 9th. On fire department. 10th. On police. RULE 28. All appointments to office by the council shall be by ballot or viva voce, as the council shall determine, and a majority of the members present shall be necessary to a choice. RULE 29. All ordinances or by-law's of a general or permanent nature shall be fully and distinctly read at two regular meetings of the council, before their final passage. No ordinance shall contain or relate to more than one subject, which shall be clearly expressed in its title. RULE 30. The city recorder shall direct all papers to appropri- ate committees and officers, as early as the next day after the refer- ence shall have been made, and the marshal shall deliver the same. The recorder shall attend all the meetings of the council. RULE 314, The marshal shall have charge of the council room, shall attend all meetings of the council, and assist in preserving order. RULE 32. The council shall keep a journal of its proceedings, which shall be open at all times for inspection, tt shall ndmakeoand aben- ent members, when necessary; punish rules for its government; compel fordisorderly conduct ; and by a vote of two-thirds of the aldermen elected may at their discre- tion expel any member.occasioned byut if suchexpos on, he shall not again be member be re-elected to fill the vacancy ex- pelled for the same offence. RULE 33. No personalities or reflections injurious to the feelings f the council, of any member, or the nin suony och personalities shall shallbbe called e ao indulging and every person order by the chair. 1 11. L. STOUT, Mayor. CITY ORDINANCES. AN ORDINANCE establishing the City Seal. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That the seal heretofore provided and used by and for the city of Dubuque, having in the center the words "LA PETITE NulT" and around the edge " SEAL OF THE CITY OF DUBUQUE, IowA," is hereby established and declared to have been and now to be the seal of the City of Dubuque. Passed January 24, 1861. Attest WaM. McLENAN, Recorder. 4 26 AN ORDINANCE to provide for the meeting of the City Council. Be it ordained by the City Council of the City of Dubuque: SECTION 1. That the regular meeting of the city council shall be held on the first Thursday of each month at the council cham- ber in the City Hall: Provided, that the time and place of meeting may be changed from time to time, by resolution, a majority of all the members elected voting in the affirmative.' SEc. 2. That special meetings of the city council may be called at any time by the mayor,, or in his absence by the President pro tempore, by giving each member of the board reasonablenonnotice tice of such meeting, sent personally by the marshal, or by in writing at his, usual place of residence, stating the time and place of such meeting. And it is hereby made the duty of the mayor,, or in his absence, of the president pro tempore, to calla special meeting of the council at any time, upon the request of five mem, bers thereof. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : WM. MCLENAN, Recorder. . AN ORDINANCE to regulate elections and provide for the qualification and payment of city officers Be it ordained by the City Council of the City of Dubuque: SEc. 1. The city council shall, ineach, year, not less than ten days before the annual city election, appoint two judges and a clerk of the election for each ward, and. shall provide a place in eats, ward at which the election shall beheld, and notice of the same shall be published in the proclamation of the mayor, which shall be issued in conformity with Section 4 of the City Charter, and shal specify the officers to be elected, and time for opening and closing the polls. The judges and clerks of election shall be allowed cot their services the sum of two dollars each,, to be paid from the c' treasury. SEc. 2. The recorder, treasurer, auditor, marshal, harbor mas ter, and such other officers as may be required so to do, by the c' council, except the city Judge, shall execute bonds with good sufficient sureties in such sums as the council may direct in thefo by ordinance, and a failure so to do by any officer so quired within ten days from the time of his election or appoin ltj ltl and re t 27 meat, shall be deemed a vacation of his officer All official bonds of city officers when approved by the council, shall remain in the custody of the recorder, and shall not be surrendered with- out the authority of the council: Provided, That the recorder's bond shall be deposited with the city auditor. SEc. 3. All 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 person authorized to administer an oath, before enter- ing upon the duties of his office. No person not a qualified voter shall be elected or appointed to any office of the city. SEC. 4. The salaries of all city officers shall be fixed by the city council and may be increased or reduced whenever the council shall so determine. All officers, except the city council, who shall be entitled to receive regular salaries, shall be paid the same in. monthly payments, to be made as soon as practicable after the first regular meeting of the council in each month, a statement of the amount due such officers respectively having been first submitted to the council, and approved by them. SEc. 5. That any city officer who shall refuse or neglect with- out just cause to perform any duty required of him by any ordinance of the city, or by resolution of the city council, shall be subject to a penalty of not less than ten or more than one hundred dollars, in addition to ally damages which the city may suffer by reason of such refusal or neglect, and which may be recovered by suit upon the bond of such officer, and such officer mayfor such cause be removed from office, as provided in Section 39 of the City Charter. SEc. 6. That all city officers appointed by the city council, when not otherwise provided by the City Charter, shall remain in office during the pleasure of the council, but the term of office shall not extend beyond the annual city election in each year. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: Wnf. MCLENAN, Recorder. AN ORDINANCE to regulate Official Bonds. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That all officers in said city who are required to qualify by bond, before entering upon the duties of the office to which such person maybe elected or appointed, shall present to the city council 28 for their approval, a bond with at least two good and sufficient securities, resident freeholders of said city, in such penal sum as the city council may by resolution fix and determine therefor, which bond shall be conditioned that the person so elected or appointed to such office shall faithfully perform the duties of the office to which he may be elected or appointed, that he shall 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 all reasonable diligence and care in the preservation of all books, papers, money or other prop- erty belonging to said city and appertaining to his office, and deliver the same to his successor or any other person authorized to demand and receive the same. SEc. 2. That all official bonds as provided in the preceding sec- tion, shall run to the city of Dubuque, and if accepted and securi- ties approved by the city council, shall be filed in the office of the city recorder, and by him securely kept, and in case of the breach of any condition thereof, such bond shall be prosecuted in the name of the city, against the persons whose names are subscribed there- to, or their personal representatives, before any court having juris- diction, and all moneys thereon received or secured shall be paid into the city treasury as other city money : Provided, That the bond of the city recorder shall be deposited with and kept by the auditor. Passed January 24, 1861. Attest t WM. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to define the duties of the Recorder of the City of Dubuque. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That it shall be the duty of the recorder of said city to attend at every meeting of the city council, and to furnish the mayor with an abstract of unfinished business. He shall keep a correct record of the proceedings of the city council and shall issue all notices of regular and of special elections required to be given by law or in pursuance of any resolution or ordinance of the city council, and when required by the mayor, or in his absence by the 29 president pro tem., shall issue to the city marshal a notice to the members of the city council of any special meeting of the Board. He shall notify all committees of their appointment and of the business referred to them, and shall notify all inspectors and other officers of their election, and shall, when directed by the city coun- cil, prepare venires for opening streets and highways, for assessing damages thereon, and shall perform such other duties as are re- quired of him by law, ordinance or resolution. SEc. 2. That the recorder shall keep all records, papers and official documents belonging to said city, with the ordinances, votes and proceedings of the city council and of the city of Dubuque, and all returns of assessments and of elections for city officers, and of the appointments of all officers for the city, and shall, as soon as practicable after each meeting of the 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 documents to be taken from his office without the consent of the council or by their direction. SEc. 3. The recorder shall keep the seal of the city and shall duly attest thereby all deeds and other papers required to be so at- tested, when ordered by the city council. He shall draw orders upon the treasury for all money ordered paid therefrom by the city council, and shall enter the same in numerical order in a book to be kept for that purpose. He shall keep a book of deeds and contracts and shall enter therein correct copies of all deeds and contracts ex- ecuted by or in favor of the city, except deeds for cemetery lots, of which he shall enter in a separate book, the date, name of pur- chaser, number of lot and amount paid for the same. SEc. 4. The recorder shall index all ordinances by their titles, and shall keep a list of all committees and of the business referred to them, and note when they report, and the date and nature thereof. He shall keep a register of all licenses granted in said city, noting the time when issued, andthe business or purposes for which issued, and shall at any time when requiredby the city marshal furnish him a list of all unexpired licenses. Passed January 24, 1861. Attest: WM. MCLENAN, Recorder. H. L. STOUT, Mayor. 8o AN ORDINANCE to define the duties of the city Auditor. Be it ordained by the City Council of the City of .Dubuque: SEc. 1. That the Auditor shall be the general accountant of the city, and shall receive and preserve in his office all city account books and all vouchers, documents and papers relating to the ac- counts and contracts of the city, its revenue, debt, and fiscal affairs, whether between the city and any officer thereof, or between the city and any person or body corporate, except when such vouchers, documents or papers are by ordinance placed in the custody of some other officer. SEc. 2. It shall be the duty of the auditor : First —To examine, audit and adjust all claims against the city, for the payment of which any money may be drawn out of the treas- ury, and to certify to the city council the balance or true state of such accounts, claims or demands. Second —To keep in proper books in a correct and legible form in double entry, the accounts between the city and all officers, per- sons, or bodies corporate who may have the collection or receipt of any money for the city. Third —To countersign and keep a register of all warrants drawn on the treasury, specifying the date, number and amount, the name of the person to whom., and out of what fund, payable. Fourth —To deliver to the persons entitled to receive the same, all warrants drawn on the treasury, when called for, taking receipts therefor, and charging the same, when delivered, to the proper ac- Fifth—To keep an account of all debts due to or from the city, counts. and a bill book into which he shall enter all bonds, notes and other obligations given by or payable to the city, with the names of 'Lilo person or persons by or to whom, the time when, and the place where, the principal and interest are payable, with the rate of in - Sixth —To keep in proper books the accounts between the city terest. and the city treasurer, charging him with all moneys received into the treasury, specifying the source from which said moneys have been received, and crediting him with all warrants drawn on the treasury and paid by him. SEc. 3. The auditor shall keep separate accounts with the dif- ferent funds in the treasury, and of any revenue hich mordinance y be set orapart and appropriated for any particular object bylaw, or resolution of the city council. 31 SEc. 4. Whenever upon the adjustment of any account, a sum of money shall be found by the auditor to be due to the city from any city officer, and the same shall not be paid into the: city treas- ury within ten days after the adjustment of the account, the auditor shall certify the amount due, to the city cocncil at its next meeting thereafter. He shall when required furnish the city council with copies or abstracts of any books, accounts, records, vouchers, or documents in his office, or any information iu relation to anything pertaining to his office, or to the revenue of the city, and shall at all times permit any member of the council to examine the books, papers, or documents in his office. SEc. 5. The auditor shall see that all officers having the collec- tion or receipt of money for the city, shall make report and payment of the same at the time required by ordinance, or when not so re- quired, 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. He shall make and pre- sent to the city council semi-annual reports, in proper form for pub- lication, of all receiptsand expenditures of money belonging to the city for the six months preceding the date of such reports, ending with the month of February and August in each year. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: Wm. MCLENAN, Recorder. AN ORDINANCE to define the duties of the Treasurer of the City of Dubuque. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That the treasurer of said city shall collect, receive, and safely keep all money due or belonging tothe city of Dubuque, and for any sum of money so received, shall execute duplicate re- ceipts, one of which shall be delivered to the person from whom such sum may be received, and the other returned to the city audi- tor. He shall keep true and correct accountswith: each fund, of all receipts into and disbursements fromthe city treasury, and shall at the close of each month, prepare and file with: the city auditor a statement of the same for the month next preceding, and of the amount of money then in the treasury. He shall keep a record. of 32 all orders paid by him, or received in payment of any dues to the city, stating the number and amount of the same, to whom paya- ble, on what fund drawn, whom 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 from the city treasury, only upon orders drawn upon him by the city recorder, which or- ders shall be signed by the mayor, or in his absence by the presi- dent pro tem. of the city council, attested by the recorder and countersigned by the auditor, and all orders so drawn and paid shall be vouchers for his disbursements, and if on presentation for pay- ment of any order so drawn there be no money in the treasury be- longing to the fund out of which said order is made payable, he shall, if required, endorse on such order the date of presentation, and keep a record of the same. SEC. 3. The treasurer shall be ex-officio the collector of the city, and shall perform all the duties required by law or ordinance to be performed by the city collector. SEC. 4. At the expiration of his term of office the city treasurer shall turn over to his successor in office all books, papers and moneys in his possession as treasurer and collector, taking a receipt for the same, and shall make a full and final report of his doings to the city council previous to his surrendering his trust. Passed January 24, 1861. Attest: WM. MCLENAN, Recorder. 11. L. STOUT, Mayor. AN ORDINANCE to define the powers and duties of the City Marshal. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That it shall be the duty of the city marshal, and he is hereby authorized and empowered: First —Diligently to enquire into and report to the mayor, city attorney, or some justice of the peace in said city, all violations of y with cityof,byordinances, and or persons, andtolprosecute ethe personots r thereof, by any person persons guilty thereof. 33 Second —To ascertain all suspicious or disorderly houses or houses of ill fame in the city, and all persons carrying on any busi- ness in said city without license, in all cases where license is neces- sary, and to report the same to the city attorney or a justice of the peace, and to 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 custody with or without any warrant, any person of suspicious character, or who shall be found in the_'commission of any violation of any law of the State or ordi- nance of the city, or trespassing on other men's property, and to bring such person before the mayor or some proper officer to be dealt with according to law. Fourth —To report and cause to be abated, or removed without the city, any nuisance found therein, or which may be reported to him by the proper officers or by any citizen. To execute and en- force the orders of the health officer in relation to nuisances and the removal of persons infected with contagious disease. rift/ —To perform such other duties as may be prescribed by resolution or ordinance. SEc. 2. That the marshal, in the execution of his powers and duties in arresting any person accused or suspected of crime, 4 in the arresting of any person under a warrant, or in the suppression of any riot or unlawful assembly, or in preventing the violation of any ordinance or of any law of the State, shall have power to re- quire the aid of any citizen of the city, and any citizen who shall refuse or neglect to obey the summons of the marshal in this sec- tion mentioned, shall be subject to a penalty of not l€ss than five dollars with costs, to be recovered on complaint before any court having jurisdiction. SEC. 3. That the city marshal or his deputy shall have charge of the entire building known as the City Hall, with the halls, rooms, apartments and offices thereof, to act under the direction 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 about the same on the night of each day on which the same may be used, and to keep each and all of said premises in a neat and Cleanly condition, suitable to the purposes for which they are sev- erally used, and shall attend all the sessions of the city council. He shall also have the charge of all other buildings belonging to 5 lli°QIII��II'r1 34 the city, except the engine houses, and shall report the condition of the same from time to time to the city council. SEc. 4. The city marshal may, and he is hereby authorized to appoint one or more deputies, with the approval of the city council, and removable by their direction. Passed January 24, 1861. Attest : WM. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to provide for the election of a City Assessor. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That there shall be elected at the annual city election in each year, an assessor, who shall be a qualified voter of the city, and shall take and subscribe an oath, and give bond as required of other city officers, of his office as provided by ordinance. diately enter up n the duties ssed February 7, 1861. r H. L. STOUT, Mayor. AtTitpt: WM. McLENAN, Recorder. f. tT AN ORDINANCE to provide for the appointment of a City Engineer for the City of Dubuque, and to define his duties. Be it ordained by the City Council of the City of Dubuque. SEc. 1. That whenever they shall. deem it expedient the city council shall appoint some suitable person as city engineer for the city of Dubuque, who, before he enters upon the discharge of th¢ duties of his office, shall take the oath prescribed by law, and giv bond, and who shall hold his office for the term of one year, an until his successor shall be duly appointed and qualified: Provided That such term of office shall not continue after the annual citj election in any year, and such office may be discontinued at anj time by vote of the city council. 35 SEc. 2. That it shall be the duty of the 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 the streets, alleys and highways of said city, contemplated or proposed by said council, and in making such survey the said en- gineer shall designate by suitable marks and stakes placed in the ground, the situation and character of such improvement, as sur- veyed and estimated by him —so that the salve may be examined by any person desiring to contract for doing the same. SEc. 3. That whenever required by the city council, the city engineer shall survey and plat any street or highway contemplated to be opened in said city, and shall return the same to the city council, accompanied by such notes and explanations as shall pre- 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 same will pass, and the proprietor or owner of each part or parcel thereof, with the amount of land proposed to be taken from each. SEc. 4. That the said engineer shall, as soon as practicable, as- certain and designate upon suitable plats thereof, to be by him pre- pared, the grade of each street or alley hereafter opened, in said city, and shall also designate the same by some suitable post or mark fixed at each crossing, or on some permanent monument near thereto, and shall report the same to the city council for their con- sideration, and in case the council shall make any change in the grade of any street or alley, the engineer shall designate such change upon the monument by him placed or designated as afore- said. SEc. 5. When required by any person or persons so to do, the city engineer shall fix and determine according to the plat of said city, the corners of each lot within the same where the grade of the street has been fixed and established, and to fix a stake at each corner on the front and rear of said lot, marking thereon the num- ber of feet or inches the tops of such stakes are above or below the grade, and he shall receive for each lot so by him surveyed and marked, the sum of two dollars, to be paid by the person or persons applying to him. SEc. 6. That it shall be the duty of such engineer to take charge of all the books, plats and surveys of streets, alleys and grades be- 36 longing to the city, and safely keep the same, and on no occasion permit the same to pass out of his possession, except upon order of. the city council. Passed January 24, 1861. Attest : Wm. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to provide for the appointment of a Street Commissioner, and to define his duties, Be it ordained by the City Council of the City of Dubuque: SEc. 1. That whenever they shall deem it expedient, the city council shall appoint a suitable person street commissioner for the 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 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 theannual city election in any year, and such office may be discontinued at any time by vote of the city council. SEc. 2. That it shall be the duty of the street commissioner to take charge of all the streets, alleys and highways in the city, and to superintend all work being done thereon, whether under contract or otherwise. He shall also from time to time report to the city council, for their action, the condition of the streets, alleys and highways, and whenever in his judgment, any action of the council is necessary in relation thereto, he shall so report with a suggestion of what action he considers proper, with an estimate of the expense necessary to be incurred in carrying out the same. SEc. 3. That whenever required by the city council, he shall is connection with the city engineer\carefully examine and report to the city council, a plan and estimate as nearly accurate as practica- ble of any contemplated improvement or alteration, in any street, alley or highway, in said city ; and whenever any such improve. went is in progress, it shall be the duty of the street commissioner, at least once in each month, to report in writing to the city council the progress and condition of such improvement, and faithfully to observe and report whether any breach is made of the terms of any contract in pursuance of which any such improvement or work may 37 be in progress, and no work done under any contract shall be finally paid for, 'or the contractor released until the same shall be reported complete by the street commissioner. SEC. 4. That it shall also be the duty of the street commissioner to see that all ordinances in relation to the streets of the city are properly enforced, and he is authorized and required, at all proper times to take such measures as may be necessary to preserve and keep in order and free from filth and all nuisances, the streets and highways of the city. SEc. 5. The street commissioner shall be a peace officer in and for the city, and shall have power to arrest with or without warran any person whom he shall find engaged in the violation of any or- dinance of the city. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : Wnr. MCLENAN, Recorder. AN ORDINANCE to define the duties of City Attorney. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That it shall be the duty of the City Attorney: First —To prosecute and defend all suits and actions to be brought or pending in any court in this State to which the city is a party, or in which in the opinion of the council the interests of the city are brought in controversy, or in which the official acts of any of its officers, servants, or agents are involved; Second —To advise the city council, or their committees, or any city officer, on such legal questions as may arise in relation to the business of the city, and when required by the council shall give his opinion in writing ; Third —He shall keep a book or docket, in which he shall enter an abstract of all suits in which the city is a party, commenced or pending, stating the names of parties, when brought and in what court, nature of action, names of witnesses, what steps have been taken and what are necessary to be taken, before the trial or next term of the court, and all other facts and particulars which may be necessary to enable his successor to manage the case understand- ingly, which book or docket shall be the property of the city, and 38 at the expiration of his term of office shall be delivered to his suc- cessor or any other person legally authorized to demand or receive the same, together with all other books and papers which may be in his possession in his official capacity. Fourth —He shall perform all other services in the line of his profession, connected with the business of the city, not herein en- umerated, and shall in all cases be subject to the direction of the city council; Fifth —He shall report to the city council at the first regular meeting in March in each year, an abstract of all cases in which he has been engaged in behalf of the city since his election or appoint- ment, with the result or condition of the same. SEc. 2. No person shall be eligible to the office of city attorney unless he shall have been licensed to practice in any of the courts of this State for at least one year previous to his election. Passed January 24, 1861. II. L. STOUT, Mayor. Attest: Wm. McLENAN, Recorder. AN ORDINANCE to provide for regulating Weights and Measures. Be it ordained by the City Council of the City of Dubuque. SEC. 1. That the city council shall appoint in each year an inspec- tor of weights and measures, and shall provide correct and appropri- ate standards for the purpose of testing and proving all weights, measures,ntwscales, standards shall ms, steel yards, conform to the standards of the meats, whit State and county as established by law. SEc. 2. That every person engaged in the buying or selling of goods, wares or merchandise, using weights, measures, scales, beams, steel yards or other weighing instruments, in weighing or measuring any article intended to be purchased or sold in this city, shall cause such weights, measures, scales, beams, steel yards or other weighing instruments to be sealed and marked by the in• spector and sealer of weights and measures for said city, and if any person shall use any weights, measures, scale, beam, steel yard or other weighing instruments for weighing or measuring any article 39 for purchase or sale in said city, not so sealed or marked as afore- said, or shall use in buying or selling any false weights, measures, scales, beams, steel yards, or other weighing or measuring instru- ments, whether the same shall have been inspected and sealed as aforesaid or not, he shall forfeit the penalty of not less than five dollars nor more than fifty dollars for each offence. SEc. 3. That it shall be the duty of said inspector and sealer to , mark and seal all weights and measures, scales, beams, steel yards and other weighing instruments, which he shall find to conform, or which shall be so adjusted as to conform to the established standards. SEc. 4. That it shall be the duty of said inspector and sealer, and he is hereby authorized to inspect and examine at least once in each year, and as much oftener as he may think proper, all weights, measures, scales, beams, steel yards and other weighing instru- ments used in said city for measuring -and weighing as aforesaid, and if any person shall refuse to exhibit such weights, measures, scales, beams, steel yards or other weighing instruments to the said spector and sealer, for the purpose of examination and inspection as aforesaid, such person shall forfeit the penalty of five dollars for each offence, and if any person shall obstruct the said inspector and sealer in the performance of the duties hereby imposed upon him, such person shall forfeit the penalty of ten dollars for every such offence. SEc. 5. That the inspector of weights and measures shall be en- titled toreceive 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, fifty cents each ; for counter scales with weights, twenty-five Dents each; for beam scales for weighing 1000 pounds and upwards, fifty cents each; for smaller denominations, twenty- five cents each; for weights single, five cents, but not to exceed twenty-five cents for a set or a part of a set; for dry measures, bushel or half bushel, ten cents; smaller denominations, five cents 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 for the inspector to collect or re- ceive the aforesaid charges for inspecting and examining weights, measures, scales, beams, steel yards and other weighing instru- ments more- than once in each year, from the same person for the same instrument, unless not found conformable to the standard. 40 SEC. 6. That it shall be the duty of said inspector and sealer to make a regular register of all the inspections and examinations, in which he shall state the names of the persons for whom such in- spections and examinations were made, and whether the weights, measures, &c., conformed to the standards, and it shall also be his duty to report to the city council the names of all persons whose weights, measures, scales, beams, steel yards and other measuring instruments are not correct, and to deliver a copy of his said regis- ter to the recorder. Passed January 24, 1861. Attest: Wm. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE in relation to the Public Landing and to regulate wharfage. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That the city council may, whenever they shall deem it expedient, appoint a harbor master, who shall remain in office during the pleasure of the council, but not to exceed one year, un- officer less re -appointed. He shall have pwer to act as a police whom he shall find io- and to arrest without warrant any person lating any of the ordinances of the city. It shall be his duty to superintend the public landing and to cause all the provisions of any ordinances in relation thereto to be enforced. SEc. 2. That it shall be the duty of the harbor master to collect from all boats and rafts such rates of wharfage as may be fixed by ordinance, to keep a true and correct account of the same, and to pay the amount into the city treasury once, in each month. He shall assign places for all boats and rafts, and for all freight landed, and shall possess all requisite authority to cause the same to be re- moved to the places assigned e d Provided, That no g bioator raftor raf shng all be compelled to leave any'place g freight, uless er landing landing at shall have been previously designated by nance, orr anoanoth g the harbor master. SEc. 3. That the portion of the public landing south of First street is hereby exclusively appropriated as a steamboat landing, 41 and no raft or boat, excepting steamboats and their barges, shall land thereat: Provided, that the harbor master may allow other boats and rafts to land freight at any point whereby the conven- ience of the owners will be promoted, if the landing of steamboats and their barges will not in his opinion be interfered with in, any, manner; by such landing. SEC. 4. There shall be collected from each steamboat which shall land at or anchor in front of, and within one hundred feet from the public landing, the sum of one cent and a half wharfage for each ton burden of such steamboat, United States government tonnage, for each landing made by such boat : Provided, That more than one landing within the term of twenty-four hours from the time of arrival, shall not subject any boat to additional wharfage ; and from any steamboat remaining at the landing for a time ex- ceeding twenty-four hours, there shall be collected wharfage at one half the above rate for each day of twenty-four hours, during which such boat shall so remain, after the day of her arrival. SEc. 5. That any steamboat bound for any port above Dubuque, which shall land or anchor as aforesaid, shall on payment of wharfage at the rate of two cents per ton, be allowed to land on her return free of wharfage for the first twenty-four hours, or a less time, during which such boat may remain at the public landing. SEc. 6. That the following rates of wharfage shall be collected on the articles hereinafter named, landed from rafts, boats, (except steamboats) or barges, upon any of the public landings of the city. For lumber, five cents per thousand feet; for shingles, lath or pickets, two cents per thousand. SEc. 7. No wharfage shall be collected of any boat or barge from which shall be landed any article subject to wharfage by the pre- ceding section, except as therein specified: Provided, That any boat or barge landing any other freight, shall be subject to the cus- tomary rate of wharfage. SEc. 8. There shall be collected on all wood landed upon the public landing, wharfage at the rate of two cents per cord. No wood shall be permitted to remain upon the landing for a longer time than three days, without consent of the harbor master, and any wood which shall remain upon the public landing for a longer time than three days after the harbor master shall have given no- tice to the owner or person having charge of such wood to remove the same, shall be subject to wharfage at the rate herein provided for each three days that the same shall so remain. 6 42 SEc. 9. Any boat of any description, used for the transportation of freight of any kind, upon which or the freight thereof no rate of wharfage is herein provided, and which shall land or receive any freight at the public landing, shall be subject to a charge of' one dollar for each landing: Provided, That any steamboat having a barge or barges in tow, shall not be subject to any additional wharf- age therefor. SEc. 10. Nothing herein contained shall be construed to effect in any manner existing contracts with the Dubuque, Wisconsin and Minnesota packet company, or any contracts or ordinances re- ating to ferry privileges. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: W31. MoLErrAN, Recorder. AN ORDINANCE to define the boundaries of wards - Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the city of Dubuque shall be divided into five wards as herein numbered and described; the first ward shall include all that part of the city contained within the following limits, viz: commencing at the point on the Mississippi river at which a line in the center of Main street intersects said river; thence along said line and through the centerof Main street to the point where the center line of Fifth street intersects the cen• ter line of Main street; thence westwardly along the center line of Fifth street to the old corporation line, thence sauthwestwardly along the center line of a continuation of Hill street, (as exhibited on Potter's map of Dubuque,) until the center line of said street im tersects the-eenter line of Third street, as exhibited on the same map, thence northwestwardly along the center line of Third street to its termination as exhibited on the said map, being on the east boundary of Mineral lot No. 159, thence westwardly across Mineral lots No. 159 and 160, to the southeast corner of Mineral lot No. 161, thence westwardly along the south boundary of said Mineral lotto its south-west corner, thence north -westwardly along the boun• dary line between Mineral lots Nos. 162 and 163 to the south boun• bary of the sub -division of the Gilliam lot (as exhibited on Potter's 43 nap of Dubuque,) thence westwardly along the south boundary of said sub -division, to the west boundary of the city of Dubuque, thence south along said west boundary to the south boundary of said city, thence along the south and east boundaries thereof to the place of beginning. SEc. 2. The 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 center line of Main street, thence north-eastwardly along the center line of Eighth street to the Mis- sissippi river, and east or north-east of the center line of Main street, commencing at the point above named, and continued through said street and in the direction of the same south-eastwardly to the said river. SEC. 3. The third ward shall include all that part of the city lying eastward of the center line of Main street, and between the center line of Eighth street continued to the Mississippi river, and the center line of Seventeenth street continued to said river. SEC. 4. The fourth ward shall include all that part of the city lying westward of the center line of Main street, and between the northern boundary of the first ward and a line commencing at the point where the center line of Seventeenth intersects the center line of Main street, thence westwardly along the center line of Seven- teenth street to where the same intersects the center line of Min- eral street, thence along the center line of Mineral street to the west boundary of the city. SEC. 5. The fifth ward shall include all that part of the city ly- ing north of the northern boundary of the third and fourth wards as herein described. Passed. January 24, 1861. H. L. STOUT, Mayor. Attest: WM. MCLENAN, Recorder. AN ORDINANCE to regulate the manner of fixing Grades fin the city of Dubuque. Be it ordained by the City Council of the City of .Dubuque: SEC. 1. That every grade hereafter agreed upon for any street, alley or highway within the boundaries of said city, shall be fixed 44 and established by a resolution of the city council, adopted after the subject of such grade has been referred to a committee, and a report made thereon, accompanied by a profile from actual survey by the 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 the recorder, and entitled "The Grade Book," SEc. 2. That any or all of the grades heretofore fixed by the city council may be collectively or severally sanctioned and con- firmed under the authority of this ordinance, by resolution of the city council, and when se sanctioned and confirmed shall be in like manner recorded if the same has not been previously recorded. SEc. 3. That all alterations of established grades may be effected by resolution in like manner, but no such grade once established shall be altered or annulled until -after the proposed change shall have been submitted to the city council for the term of two weeks, nor until ten day's notice thereof shall have been published in the city paper or posted `by the city marshal in three public places along the line of such proposed alteration. Passed January 24, 1861. Attest: WM. McLEIiAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to provide for opening, altering or annulling Streets, Alleys and Highways is the City of Dubuque. Be it ordained by the City Council of the City of Dubuque: SEC, 1. That whenever the city council may deem it expedient and necessary to lay out, open, widen, extend or alter any street, alley or highway in said city, they shall require, and by resolution authorize, the city engineer to make an accurate survey and plat thereof, together with the land or lots through or over which the same is proposed to be made, and the names of the owners, with the amount of land proposed to be taken, and to return such survey and' plat as Soon as practicable, with such suggestions as he may deem proper, to the city council, and on such return, if the city council shall then deem it expedient to lay out,open, widen, extend 45 or alter such street, alley or highway, they shall order the city re- corder to issue a venire to the city marshal, and to furnish him with the names of the owners of property as furnished and returned by the city engineer, and commanding him to summon a jury oftwelve freeholders, citizens of said city, good and lawful men, not directly interested; to appear at a time and place to be therein stated, which shall not be less than five days from the date thereof, and the mar- shal shall also give the persons named in such list as aforesaid, (provided they shall be residents of the city) notice in writing of the time and place when and where the jury so summoned will ap- pear, and any such person may appear and object to any of the jury so summoned, for any good cause shown, but no more than three peremptory challenges shall be allowed to any such jury; Provided, That no action shall be had under such resolution until the person or persons interested in the opening, widening, laying out, extending or :altering any street or alley shall have depos- ited in the city treasury, a sufficient sum of money to defray all ex- penses of surveying, platting, jury fees, and advertising incurred by such opening, laying out, widening, extending, or altering. SEc. 2. That in case any person named in such list so furnished to said marshal, shall be a non-resident, he shall give such notice by publication in a newspaper published in said city, for at least two weeks, the last publication of which shallbe at least five days before the time .fixed for the meeting of such jury, stating the pur- pose for which they are summoned, and directed to such person, and any such person not appearing in pursuance of notice shall not thereafter be permitted to raise any objection to the jurors so sum- moned, or to any assessment they may make. SEc. 3. That on the day so specified for the return of such ven- ire, the jury so summoned shall appear at the place designated, and if no objection is made, or if any one or more is objected to, and if such objection is overruled, or if sustained talismen are chosen in their places, the said jury, after being first duly sworn by some officer authorized to administer oaths, shall proceed to apportion and assess the damages and benefits which any person may sustain by reason of opening, widening or extending such street, alley or highway, upon the lots or land adjoining, or in the immediate vicinity, which may be damaged or benefited thereby, and shall re- turn such apportionment and assessment in writing, subscribed by the jurors by whom the same shall be made to the city marshal, to be by him delivered to the city council. The expenses of survey- 47 46 ing, platting, jury fees, and advertising, incurred in consequence of laying out, opening, widening, extending or altering any street, alley or highway shall be included in the damages, and assessedby the jury upon the owner or owners benefited thereby. SEC. 4. That if upon examination of the report of the engineer, and the assessment and estimate of the jury, the city council shall decide that it is expedient and necessary to lay out, open, extend, widen, or alter such street, alley or highway, they shall pay the damages, if any, when collected, and shall procure from the owner ro ri d f relinquishment there. duty of the city recorder to make out and deliver to the city mar- shal a copy of the order declaring the same to be a public high- way, and it shall be the duty of the city marshal thereupon 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, to remove such obstruction within ten days, and in case of the refusal or neglect of any such person so to remove the same, the city marshal or street commissioner shall proceed to re- move the same. or owners, proprietor or p p store, deeds o rq SEC. 7. That any public highway in said city may be annulled for, and in case of the absence of any such person, or other inabil. in like manner by resolution of the city council ; Provided, That ity to procure such deed of relinquishment by reason of such per. no street, alley or highway duly established shall be altered or an - son refusing to execute the same, or for any other cause, the dam• nulled until after the proposed action thereon shall have been sub - ages so awarded to any such person shall be allowed and set apart miffed to the city council at two regular sessions, nor until ten days' in the city treasury, to be paid to any such person on his demand-� notice thereof shall have been published in the city paper. Passed January 24, 1861. STOUT, ing the same and presenting to the city council such ee o re• linquishment, which setting apart shall be equivalent to payment And the city council shall thereupon proceed, and by resolution de. clare, such street. alley or highway to be opened, laid out, extended, widened, or altered as the case may be, and shall thereupon cause a record of the plat and description thereof to be made by the city recorder in some suitable book for that purpose provided, and such street, alley or highway shall thereupon be established as a public highway in said city for public use as other streets and highways therein. SEC. 5. Whenever the city council shall by resolution, declare any street, alley or highway to be opened, laid out, extended, widened or altered, the city marshal shall, forthwith, proceed to notify the owners of all lots and grounds against which any sum shall be apportioned, to pay the same within thirty days. In cases where neither such owners nor any agents shall be residents of the city, or are unknown, notice shall be given by publication in any newspaper in said city for two weeks. If default of payment shall be made, the Recorder shall deliver to the collector of taxes for the city a statement of the same, and he shall proceed to collect the same by sale of the property as in cases of sale for non-payment of taxes, and the property so sold shall be subject to the same rights of redemption, interest, penalties and costs as other property sold for taxes. SEc. 6. Whenever any street, alley or highway in said city shall be laid out, opened, widened, extended or altered, it shall be the H. L. Mayor. Attest : Wm. McLENArr, Recorder. AN ORDINANCE to provide for paving and macadamizing streets. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the city council may by resolution provide for the grading, paving, macadamizing or repairing of any street or alley, or any portion of the same, or for the curbing of side -walks, or building or repairing sewers, and in all cases of improvements for which a special tax is to be levied, notice shall be given by publi- cation of a copy of such resolution in the official paper of the city, not less than two weeks. After such publication, or if the same shall not be required, the council may at a regular meeting instruct the city engineer to advertise and receive bids for the performance of such work, and furnishing material for the same, under contract, in accordance with plans and specifications to be furnished by the engineer. Each bid shall be accompanied with security for the performance of the work, if such bid shall be accepted. All such advertisements shall be published in the official paper of the city, 48 49 sot less than two weeks, and all bids received in conformity with y SEc. 4. The city marshal or street commissioner shall have nuch advertisements shall for be osucb.dwork andin the . material hall of the be power and authority tot close anyr street sourehallsety to public travel, council, and the contract awarded to the lowest bidder, who shall within one week thereat'- weany and any who shall wilfully resist, or impede alley is in ter enter into a contract with good and sufficient security, to be ap- progress, y P ther satisfaction of the engineer or than five dollars. proved by the council, for the operformance of the work, and fur- such improvement or repair, shall be subject to a fine of not less street g material as required, street commissioner, within such time as may be specified: Pro-1 Passed January 24, 1861. H. vided, That if the estimated cost of any improvement or repair it if WTI. MCLENAN, Recorder. shall not exceed the sum of two h ndrhe pe dollars, of the may be done ar- so ordered by the council, Ander shal or street commissioner, and the advertisement of such work may be dispensed with. SEC. 2. The city council may levy a special tax on any lot ix lley or Lots,. or the owner thereof, onT any thea,for the , for the purpose of grading, paving a purpose of curbing the side -walks. The resolution by which such tax shall be levied, shall sthee of of work, amount of street, numbers of lots, names of owners, when known, desripfi tax per foot front, with total amount to each lot or owner, and name of the contractor to whom such tax shall be payable. Such resolutions shall be published two weeks in the official paper of the said city, and such taxes shall be due and payable at the expiration of time. If not paid within thirty days from the passage of such res• olution, such taxes shall become delinquent, and shall be subjectto The penalties provided for non-payment of e same time,othafer ty hteaxes, date of to ttach ch in the same manner and at th delinquency. In case such tax and penalty shall be unpaid at the the property upon which of s next euev ed, g annual tax sal be included,in the advertisement and such tax shall be levied, shall sale of property for delinquent taxes, and shall be subject to the same terms of redemption as other propertyso d for macadamizing SEc. 3. In all contracts for grading, paving, g, or streets or curbing side -walks, it shall be specified that the contractor shall collect the amount assessed aon tax for s h improvement) which tb.e tax from the owners of the property p sensed, and shall waive all recourse upon the city for payment anandel such contract to the amount of such tax: Provided, That spec ial tax paid to the city collector shall be set aside and paid over on demand to the contractor entitled to collect th all penalties and interest accruing thereon. Attest : AN ORDINANCE regulating the Paving of Sidewalks. L. STOUT, Mayor. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That all side -walks hereafter paved or repaired shall be made to correspond to the grade of the street, and shall incline to the top of the curbing at the rate of one half inchto the foot. That the tops of all curb stones hereafter set shall correspond to the grade of the streets, and they shall be set on all streets sixty-four feet wide, at a distance of twelve feet from the line of the street, so that the street between the curb stones shall be forty feet wide, and on all other streets the curb stones shall be set at a distance from the line of the street of one -fifth part of the whole width of the street. SEc. 2. That all paving or repairing of side walks shall be done with brick or stone or plank, at the option of the property owner or owners, in front of whose lot of land such side walk shall be; 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 hammered or squared 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 work, with close joints, full width of side walks ; when of plank, the same shall be not less than two inches thick, square edge, good sound. material: Provided, That grub plank (so called) may be used, if not less than two inches thick. and square edged. Sao. 3. Whenever the city council shall deem it expedient to have the side -walk of any street paved or planked, or repaired, they may by resolution order that the same shall be done; and notice 7 50 shall be given to the owners in writing, or by the publication of such resolution for not less than two weeks in the official paper of the city, requiring the work to be done by the owners of the prop- erty, abutting on such street or portion of a street, in conformity with the preceding section, within thirty days from the passage of such resolution; and if at the expiration of said thirty days, any of such side walks shall not have been paved or planked, or repaired, by the owner, the city marshal or street commissioner shall proceed to have the same done at the expense of the city, and when the '. work shall be completed, he shall report to the city council the cost of such work and materials, and the amount shall be paid from the city treasury, and assessed upon the property in front of which the work shall be done, and shall be a tax upon such property, to be collected in the same manner as other city taxes are collected, and shall be due and subject to the penalties provided for non-payment of taxes from the expiration of the thirty days, assigned for the completion of the work by the owner: Provided, That if any side walk shall for want of repairs become dangerous for travel, the city council or the mayor may order the necessary repairs to be made forthwith, and the expense, if paid by the city, shall be collected as herein required. Passed January 24, 1861. Attest : Wm. McLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE in relation to Streets and Sidewalks. Be it ordained by the City Council of' the City of Dubuque: SEC. 1. That no person shall place or cause to be placed any stones, timber, lumber, planks, boards or any material for building or other obstruction in or upon any street, alley or public square in the city without a written permission from the mayor, city marshal or street commissioner, under the penalty or not less than five nor more than twenty dollars for each and every twenty-four hours during which the articles or materials aforesaid shall be or remain in any such street, alley or public square, without permission as aforesaid, after notice to remove the same, and in such case the city marshal or street commissioner shall remove such obstruc- tions when directed to do so by the mayor, and collect the cost of such removal from the owner or person who shall place or cause to be placed any obstruction as aforesaid. SEc. 2. The mayor, city marshal or street commissioner is here- by authorized to grant any permission in writing to place and keep any building materials in any of the public streets, for a period of time not exceeding four months, but such permission shall not au- thorize the obstruction of more than one-third of the side walk, and one-half of the carriage way of said street opposite the lot on which an erection is to be made by the person to whom such permission is granted, and such permission may be revoked at any time by the city council in their discretion. SEc. 3. Every person to whom permission is granted as afore- said, shall cause all the timber, building materials and rubbish arising therefrom to be removed from the street at the expiration of the time limited in such permission, under the penalty of not less than one dollar or more than twenty dollars for every twenty-four hours the timber, material or rubbish, or any part thereof shall be and remain in such street, after the expiration of the time limited in such permission. SEc. 4. No person shall suffer any carriage, wagon, cart, sleigh or sled without horses or other beast of burden to remain or stand in any street, lane or alley, or public wharf or dock for more than ten minutes, under the penalty of one dollar for each and every offence. SEc. 5. No person shall at any time fasten any horse or beast of burden in such a way as to obstruct the free use of any side walk under the penalty of one dollar for each and every offence, nor shall any person fasten any horse or other beast of burden to any ornamental or shade tree in any of the streets of this city, or to any box or case around said tree, without the consent of the owner of said tree under the penalty of not less than five nor more than twenty dollars for each and every offence. SEC. 6. No person shall place or deposit (except as provided in this ordinance) on any side walk or in any street, any cask, box, crate, wood, stone, plank, boards, goods, wares, merchandise, or other substances or materials, and any person placing or depositing the same, and the owner of the premises or occupant thereof, as the case may be, in front of which the same shall be, shall forfeit 52 the penalty of two dollars for each and every two hours the same shall remain, after he or they shall have been notified by the mayor, city marshal or street commissioner to remove the same. SEC. 7. It shall be lawful for any person to place or set out for sale any goods, wares and merchandise on the side walk in front of, and within three feet of his store or building, or to place and leave for a period not exceeding three hours, on four feet of the outer edge of the side walk in front of his store or building any goods, wares or merchandise, which he shall be in the act of re- ceiving or delivering, and in case of any suit or prosecution for a violation of the sixth section of this ordinance, it shall. be required of the defendant to show by proof that his case is within the pro. visions thereof, before he shall be entitled to the benefit of this section. SEC. 8. No person shall push, lead, draw, back or drive any horse or other beast of burden, or any cart, wagon, hack, carriage, omnibus, sleigh or 'dray over or upon any side walk under the pen. alty of not more than ten dollars for each and every offence. SEc. 9. The erection of any cellar door, step or staircase which shall project more than five feet from the line of Main street into such street, and the erection of any post on the sidewalk, or any shed or structure of boards or other materials extending from any house across the side walk along such street, and the erection of • any sign, sign -post or other device to denote or show the occupa• tion or business there carried on, or any merchandise or things there kept and sold, which shall project across such side walk or more than three feet from the line of such street, are hereby pro. hibited and are declared public nuisances, and if any person shall hereafter erect or cause to be erected any such nuisances, or if any person to whom such nuisance, shed, sign, or sign -post or other device already set up and erected belongs, shall permit or suffer the same to remain after being notified to remove the same by the mayor, city marshal or street commissioner such person shall be liable to a penalty or not less than five nor more than twenty dol• lars for each twenty-four hours such nuisance shall be suffered to remain after such notification to remove the same; and the city marshal or street commissioner shall proceed to abate the nuisance found remaining after the conviction of the offender. SEC. 10. No person shall construct or suffer to remain any bore window or other windows which shall extend into any street more than two feet, nor shall any person construct or suffer to remain any 53. porch, stoop, steps, railing, cellar door or platform in any street in this city which shall extend into more than one-fourth of the width of the side walk under a penalty of not less than five nor more than twenty dollars for each and every offence, and the owner or occu- pant of any building to which such windows, porch, stoop, steps, railing, cellar door or platform shall appertain or belong, shall for- feit the penalty of five dollars for every twenty-four hours the same shall remain contrary to the provisions of this section, after notice to remove the same shall have been given by the mayor, city mar- shal or street commissioner. SEC. 11. No person shall erect any awning in front of any build- ing on Main street in this city, unless the lower portion of the same shall be at least twelve feet elevation from the side walk at any part thereof; and thirteen feet high at the inner edge or next to such building, and shall be supported by an iron frame -work substan- tially attached to the building in front of which such awning shall be erected, and every part of such frame -work shall be at least ten feet in height from the side walk, and shall extend to the outer edge of the curb stone, and every occupant or owner of any building on said Main street in front of which any awning or awning post shall be put up or erected contrary to the provisions of this section, shall be liable to a penalty of ten dollars, and the further penalty of five dollars for every twenty-four hours he shall suffer the same to re- main after notice to remove the same from the mayor, city mar- shal or street commissioner; Provided, That awnings may be erected, constructed of canvass, with frames of wood or iron, no part of such awnings being less than seven feet above the side walk or projecting more than\six feet from the line of the street. SEC. 12. Nothing herein contained shall prevent the erection of' one, and not to exceed two posts in front of each building, for the purpose of hitching horses or other beasts of burden, if the owner or occupant of such building desires to have the same. Every such post so erected shall, if of wood, be not more than six inches in diameter, and not to exceed four feet in height, and placed on a line with the inside of the curbstone. SEC. 13. It shall be unlawful for any person to suspend from awnings any goods, wares, or merchandize, or any article whatso- ever, and any person so offending shall upon conviction thereof pay the fine of five dollars for each offence and the further sum of two dollars for each twenty-four hours he shall suffer the same to remain after being notified by the city marshal or street commissioner to 4-4 54 remove it; Provided, That proper signs of any lawful profession, trade, or business may be painted on curtains suspended from such awnings, no part of such curtains being less than ten feet above the sidewalk. SEC. 14. All ornamental or shade trees or posts hereafter placed or set in any street in this city, shall be placed or set within the 55 employer shall be subject to the penalty of five dollars for each and every day during whichsuch excavation shall remain unprotected. SEC. 19. No person shall remove or cause to be removed, or shall aid or assist in removing, any building into, along or across any of the streets of the city, without permission for such removal from the mayor, city marshal or street commissioner. outer line of the sidewalk and within one foot of said outer ine of, SEC. 20. No person owning or occupying any cellar, the door. the sidewalk of such street, and everyperson placing or causng or time of which may be in any street or alley, shall cause or allow such procuring to be placed any post'or tree, contrary to the provisions' cellar door to remain open at any time between twilight in the 11 forfeit the penalty'of five dollars for each and s --- ,: - - __ __ing, without _t <,_ _ _ _ _ having a light in such cellar way. Sic. 21. That no person shall dig, build or construct in front of any building or lot in the city, any stairway, area, or vacant place, below the level of the sidewalk, which shall extend into more, than one-fourth part of the width of the side -walk, or which shall not be provided with a sufficientrailing not less than three feet in height placed on each side of, and not more than six inches from said stairway, nor more than six inches from the outer edge of the area or vacant space, under a penalty of not less than five dollars or more than twenty dollars for each and every offence, and any owner or occupant of any building or lot, in front of which ,said stairway, area or vacant space shall be suffered to remain, contrary to the above provisions, shall forfeit and pay a penalty of five dollars for each twenty-four hours during which the same shall remain after due notice shall have been given by the city marshal or street com- missioner. SEQ. 22. No person shall cast or throw, or cause to be cast or thrown into any of the drains or culverts in the city, any straw, shavings, wood, stone, rubbish, or dirt, or any filthy or other sub- stances, or cause any obstructions, nuisances, or injury in or to the same under a penalty of ten dollars for each and every offence. SEc. 23. It shall, not be lawful for .anyowner or driver of any carriage, cart, wagon, hack, dray, truck or omnibus, horse or other beast of burden to suffer the same to stand or remain in any street, sidewalk, alley, wharf or dock within the city, so as to encumber the same, or prevent the free passage thereof, under the penalty of two dollars for each offence; nor shall any carriage, cart, wagon, hack, dray, truck or omnibus be suffered to stand or remain sta- tionary in any street, alley, wharf or dock within this city for a longer period than one hour, under a penalty of two dollars for each offence. of this section, a..w every offence, and the further penalty of one dollar for each week such tree •or post shall be suffered to remain contrary to the provis• ions of this section. SEC. 15. Any person who shall injure or tear up any pavement, side or crosswalk, drain or culvert, or any part thereof in this city; without a written permission from the mayor; city marshal or street commissioner, or who shall hinder or obstruct the making or repair. ing any pavement, side or crosswalk, which is or may be making under any law or resolution of the city council or who shall hinder or obstruct any person employed by the city council or street com• missioner, or any person acting under their supervision in making or repairing any public improvement or work ordered by the city council, shall for each and every offence, forfeit and pay upon con. viction a fine of five dollars. SEC. 16. That no person shall excavate or break up any of the streets or alleys of the city, or remove any part of the pavements, curbstones or sidewalks for any purpose whatever without first hav ingobtained permission from the mayor or city engineer, such per• mission being for a time not exceeding one month. SEC. 17. That any person who shall be permitted, for any purpose whatever to excavate in any of the streets or alleys of the city, or to remove any pavement, curbstone or sidewalk, shall, as soon as may be consistent with the purpose' of such excavation or removal; place the said street, alley or sidewalk in as good condi• tion for travel as it may be at the time of obtaining such perniis• sion. SEC. 18. That any person engaged in excavating in any of the streets or alleys or in any other open or exposed portion of the city, or the employer of such persons, shall provide suitable barriers around the excavation so made, for the protection of persons or an• im als passing near the same, and on failure so to do, such person or 56 SEc. 24. No person shall leave any horse or horses, in any street, alley, or other highway within the city, without being suffi- ciently secured by a halter or otherwise, under a penalty of not less than two nor more than twenty dollars for each offence. SEc. 25. No person shall remove or cause to be removed any rock, earth, gravel or sand from any property belonging to the city, or any highway, street, alley, or road within the bounds of the city under a penalty of not more than fifty dollars, without the permis- sion of the mayor, marshal or street commissioner. SEC. 26. No person shall wilfully deface, break, injure or de- stroy any gas lamp or lamp post belonging to the city, or shall without authority from the city council remove any such lamp or post, or light any public lamp or cause such to be lighted, or shall wilfully and maliciously cause or allow any gas to escape from such lamp, or shall hitch or fasten any horse or team or any animal of any description to any such lamp post; and any person so offending shall upon conviction be subject to afine of not less than one dollar or more than fifty dollars for each offence. SEc. 27. That any person who shall use any sled or sleigh, not drawn by a horse or horses or other animal or animals, for the pur- pose of sliding down any of the streets or sidewalks of the city, shall be subject to a fine of not less than one dollar, with costs, for each offence. And in case such offence shall be committed by a minor, his or her parent or guardian shall be liable for the penalty. SEC. 28. That no person shall drive any horse or mule, attached to any sled or sleigh through or on any of the streets or highways of the city, at a pace faster than a walk, unless there shall be at- tached to such horse or mule or to some part of the harness thereof, or to such sled or sleigh, not less than three bells, of sufficient size to warn foot passengers. Any person who shall offend against this section shall be fined not less than two dollars or more than five dollars for each offence. SEc. 29. Any person who shall, by excavating, filling, or in any other manner, divert water from any street or alley of the city, or from any natural channel or water course, thereby causing injury to any public or private property, shall be subject to a fine of not less than five or more than twenty dollars, with costs of prosecution. Passed January 24, 1861. H. L. STOUT, Mayor, Attest: WM. McLENAN, Recorder. 57 AN ORDINANCE to establish and dedicate a Public square. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That all that certain tract or parcel of ground in the city of Dubuque, bounded as follows, to wit: On the east by Iowa street, on the south by Fifteenth street, on the west by Main street, and on the north by Lot No. 745, as shown upon the official plat of the town of Dubuque by the United States, be and the same is hereby reserved, dedicated and established as a public square, to be known as Jackson Square, for the use and benefit of the said cityof Dubuque and inhabitants thereof forever. SEc. 2. That the said square shall be reserved and appropriated solely as a place of public resort and recreation. SEc. 3. That all public squares shall be under the special care of the city marshal, whose duty it shall be to see that the same are properly protected from injury, and to carry out and execute the orders and resolutions of the city council in reference thereto. SEc. 4. That it shall be unlawful for any person to use any pub- lic square for any purposes other than those to which it is herein dedicated, or to remove or injure the fence or any part thereof, or to cut, injure or deface in any way anytree, shrub or plant, or any railing or other work of ornament or use, or to dig up the surface of the ground, or to turn within said square any animal to feed or remain there; to disfigure said square or any part thereof in any manner. Any person guilty of violating any provisions of this sec- tion shall upon conviction be fined in any sum not less than two dollars nor more than twenty dollars for each and every offence. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: W31. McLENAN, Recorder. AN ORDINANCE to provide for the protection of Harbor Improvement Bridges. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That if any person shall ride or drive any horse, mule, or any animals whatever, across the bridges erected on Seventh street, at a faster gait than a walk, he shall be fined in any sum not 8 58 less than one dollar or more than five dollars for each and every of- fence, to be recovered before any court having jurisdiction, with costs. Passed January 24, 1861. Attest: Wm. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to establish and regulate Markets. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the building on the corner of Main and Jones streets, known as the First Ward Market, and the building on Thir• teenth, between Clay and Iowa streets, known as the Central Mar. ket, with as much of the streets adjacent thereto as may be neees• sary for the purpose, are hereby established as public markets, and shall be kept as such under the direction of such persons as the city council may appoint toperform the duties of market masters for such markets, respectively. SEC. 2. The rent of ' stalls in either of the markets of the city shall be fixed by the city council in each year, prior to the first day of May, or whenever such stalls may become vacant. The choice. of stalls at the rent fixed by the council shall be offered for sale on the premises, by the market master or city marshal, on the first day of May in each year, (or on the second day if the first day shall be Sunday,) at an hour between 9 o'clock A. M. and 4 o'clock P. M,; Provided, That the lessee of any stall shall have the privilege of 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 di. rect the same to be received in scrip. Leases, signed by the mayor and recorder, shall be issued to persons entitled thereto. If any stall shall not be leased at th�reg regular sale, day for leasing such stall come vacant, the council may appoint a in the manner herein provided. SEC. 3. Tee market m asters shall exercise the market houses and grounds, shall lassign pervision o places 59 to all wagons and dealers and shall preserve order during market hours. They shall see that the markets are properly cleaned, and that all dirt, or offensive matter of any kind, is removed at the close of each market day, and that the markets are opened and closed at the hours fixed by the council. It shall be their duty to see that all ordi- nances in relation to markets are strictly enforced. They shall cause all unsound or diseased meats or other articles offered or exposed for sale in market to be seized and destroyed, or so disposed of as not to be used for food. They shall cause all articles of less weight than represented by the seller, which shall be offered or exposed for sale with intent to defraud, to be seized and sold, and the proceeds thereof paid into the city treasury. SEC. 4. The markets shall be open daily (Sundays excepted) during such hours as the city council shall, by resolution, from time to time, determine. No provisions or other articles shall be sold in said markets except during market hours. SEC. 5. No person' after having purchased in market any meat, poultry, game, fish, butter, eggs, fruit, vegetables or other articles, shall sell or offer for sale the same in any market place in the city. No person attending market for the purpose of selling shall pur- chase any article sold in the market as agent for any other person. No person shall sell or give away in market any spirituous or fer- mented liquors. SEC. 6. No person shall sell, or expose, or offer for sale, at any place in the city, any tainted, putrid, blown, plated, raised or un- sound meat, fish, eggs, poultry or other article of food. No person shall offer for sale chickens with their limbs tied, at any place in the city. SEC. 7. No person not having lawful business in market shall idly sit, walk, lounge, or lie in or about the market place, nor shall the smoking of tobacco be allowed therein, during market hours. No dog, slut or other offensive animal shall be permitted in the market house at any time, nor shall any person bring or suffer to come into or upon a market place during market hours any unruly or dangerous animal of any kind. SEC. 8. No person shall by himself or agent sell or expose for sale at any place in the city, other than the established markets, any fresh meat, poultry or fish, under a penalty of not less than five or more than ten dollars for each offence ; Provided, That the above named articles may be sold in that part of the city west of Bluff street, not less than five hundred feet from the west line of said 60 street, and in that part of the city south of Fifth street, by any per- son duly licensed to sell in those portions of the city. A license for such sale, signed by the mayor and recorder, shall be issued for the term of six months from the date thereof, upon payment there- for by the applicant, into the city treasury, of such sum as the city council shall require. SEc. 9. Whenever the words "in market" are used in this or- dinance they shall be understood to refer to the markets of the city as established by ordinance for the sale of meat and vegetables. SEc. 10. No person shall sell, or offer or expose for sale, upon, any of the streets of the city not included in the market places established by ordinance for the sale of such articles, any meat, poultry, fish, game, butter, eggs, fruit or vegetables of any kind. SEc. 11. Any person who shall commit any act or offence pro- hibited in this ordinance, for which a penalty is not otherwise herein provided, shall forfeit and pay upon conviction a fine of not less than one dollar, with costs of prosecution. SEc. 12. No person shall buy, for the purpose of selling again, any fresh meat, fish, poultry, butter, eggs, vegetables, or fruit of any kind, either in market or at any other place in the city, after 5 o'clock P. M. or before 9 o'clock A. M. of any market day; and any person so offending shall forfeit and pay upon conviction a fine of not less than five dollars nor more than twenty dollars for each offence, with costs of prosecution. SEc. 13. Any person who shall use or occupy any stall in either of the markets of the city, for the purpose of selling meat, poultry, fish, or any other article of provision, without authority expressed in a lease, as provided in Section 2 of this ordinance, shall be sub• ject to a penalty of not less than five or more than twenty dollars for each day that such stall shall be used for the purpose aforesaid Passed January 24, 1861. H. L. STOUT, Mayor. Attest: WM. McLENAN, Recorder. AN ORDINANCE to establish Hay, Wood and Grain Markets. Be it ordained by the City Council of the City of Dubuque SEc. 1. That e hereby P set aparthand established as a hay market, and that Se' irteenth street, between Clay andWhite streets, is h 61 enth street, between Iowa and Clay streets, with Clay street, be- tween Seventh and Eighth streets, are hereby set apart and estab- lished as a wood market for the city. SEc. 2. That no person having charge of any hay or wood team shall allow the same to stand upon or occupy any other streets or grounds, while waiting to sell their loads, than the places hereby established as hay and wood markets, respectively, and it shall be the duty of such persons to place their teams on each side of said streets, so as to leave the center of the same open for travel. Any person who shall offend against the foregoing provisions of this ordinance shall be subject to a fine of not less than one dollar with costs of prosecution. SEc. 3. That Main street, between First and Jones streets, on both sides of the First Ward Market House, and including said market house so long as the council shall permit the same to be used for the purpose, is hereby set apart and established as a grain mar- ° ket, and that any person who shall purchase for the purpose of sell- ing again, any grain of any description, brought into the city on any wagon or sled, in any other part of the city than at the market as hereby established, shall be subject to a penalty of not less than five dollars, with costs of prosecution. SEc. 4. The city council may appoint a suitable person as weigher of grain, with authority to keep at the First WardzMarket a platform scale of a capacity not less than four thousand pounds, to be used as a public scale for weighing any grain brought to mar- ket, when the owners shall desire the same to be weighed thereon. The weigher shall attend during market hours, and weigh any grain offered to be weighed on said scale, and shall receive therefor,. from the owners or person offering such grain to be weighed the sum of ten cents for each draught. The sealer of weights and measures shall examine and regulate such scale, when requested by the weigher, without charge, and any person who shall wilfully in- jure such scale, or shall, with intent to defraud, change or alter any part of the same, or any of the weights belonging thereto, shall be subject to a fine of not less than twenty dollars, with costs of prose- cution. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: WM. MCLENAN, Recorder. 62 AN ORDINANCE regulating the use of Public Scales. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That there shall be appointed by the city council, as soon as practicable after the annual election in each year, weighers of hay for said city, who shall have the charge of the public hay scales in said city, and who shall be qualified according to law, and give bond, and who shall hold their office until their successors are appointed and qualified. SEc. 2. That any person selling or offering to sell within the limits of the city, any hay to be consumed therein, shall cause the same to be weighed, and obtain a certificate of the weight thereof from the weigher. SEc. 3.. No person who shall have had any hay weighed as aforesaid, shall diminish the weight thereof, or in any way falsify the certificate of the weigher, or shall suffer the same to be done with intent to deceive. SEc. 4. That it shall be the duty of each weigher, either by himself or some deputy by him appointed, for whose acts he shall be responsible, to be in readiness at all times at some convenient place to be by him designated, to attend to the business of weigh. i ing hay, as provided in this ordinance. And he shall keep the public hay scales in good order and repair, and shall cause the an. curacy thereof to be tested from time to time, whenever the city council may require, or whenever the same may have become in• accurate from any cause. SEc. 5. That the said weigher shall attend to the weighing of hay, cattle, hogs, or whatever else may be offered to be weighed on said scales, and shall be entitled to receive from the person prom ring the same to be weighed, the sum of ten cents for each draught, and shall not knowingly give any false certificate of such weighing; They shall keep accurate accounts of all articles weighed on said scales; the number of draughts and the fees therefor received, and shall, once in every month render an account thereof to the city council, and at the time of such accounting pay to the city treasu• rer, all money received for weighing on said scales, not previously accounted for. SEc. 6. That the market master of the central market shall, at any time during market hours, attend if required, to weighing upon the platform scale provided for use at said market, any m t poultry, or other article of provisions, or any article usually sold by weight in said market. 63 SEc. 7. All persons are hereby prohibited from, charging or receiving any fee or reward for weighing any of the articles, the weighing of which is provided for in the foregoing section, except that the market master for weighing as therein provided, shall be entitled to receive from the owner of the articles weighed, the sum of ten cents for each draft. SEc. 8, The market master shall, at the close of the months of March, .Tune, September and December, in each year, report to the council, stating the amount of money received by him under this ordinance, during the three months immediately preceding, and shall pay into the treasury the amount so reeeived. SEc. 9. Any person wilfully disregarding or violating this ordi- nance, or any part of the same, shall be subject to a penalty of not less than one, or more than five dollars for each offence. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : Wm. McLENAN, Recorder. AN ORDINANCE regulating Licenses. Be it ordained by the City Council of the; City of Dubuque: SEc. 1. That no person shall sell any goods, wares or merchan- dise, horses or other animals, or any other property, at public auc- tion, unless duly authorized by an Auctioneer's license ; Frovided, That the foregoing prohibition shall not apply to sales made by any sheriff, constable, marshal, or other officer, by virtue of legal process; SEc. 2. That no person shall keep horses, or carriages, to be let for pay, unless duly authorized by license to keep a livery stable. SEc. 3. That no person shall use any carriage, hack, cab, or oth- er vehicle, omnibuses excepted, for the purpose of carrying passen- gers for hire, unless duly authorized by a license for such convey- ance. No person shall collect or receive for carrying passengers to or from any place within the limits of the city, more than twenty- five cents for each passenger, except when such passenger shall' be carried, at his or her request, on to or from any of the bluffs within the limits of the city, in which case a sum not exceeding fifty cents for each passenger may be charged or received. 64 Sc.E4. That no person shall use any dray, wagon, cart or sledsods, for the purpose of hauling, or carrying for pay or hire, any goods, wares or merchandise, of any nature or description, unless the use of such dray, wagon, cart or sled, shall be duly authorized by a li- cense, and the number of such license shall be placed in a conspic- uous position upon such vehicle. SEc. 5. That no pedlar or travelling merchant shall sell or offer for sale at private retail sale, any goods, wares or merchandise of any kind or description, not manufactured in the State of Iowa, un- less duly authorized by a pedlar's license. SEc. 6. That no person shall open, keep or exhibit, any theatre, circus, concert or exhibition of any kind, for admission to which a fee is required, unless duly authorized by a license for such perform- ance or exhibition ; Provided, Thatfor any sacred concert, or lit- erary or scientific lecture or exhibition, no license shall be required. SEc. 7. That no person or persons shall erect, or keep, or permit to be erected or kept upon his or their premises, any billiard table, bowling alley, or nine or ten pin alley, for the purpose of allowing any game to be played on such table or alley, under the -penalty of one dollar for each day that the same is kept for such purpose. SEc. 8. That any license to keep a billiard table, or nine or ten pin alley, shall not authorize the use of any table or alley on Sunday for the purpose of playing any game thereon, and all such licenses issued shall contain a provision making such use a forfeiture of such license. SEc. 9. Licenses signed by the mayor and attested by the re- corder, shall be issued to persons who shall apply therefor, and pro duce the receipt of the city treasurer, for the sum required to be paid for such license as may be applied for, and shall execute a bond. when required by ordinance. A license may be issued for any time not exceeding one year, and all licenses shall expire on or before the last day of May next succeeding the date thereof. Licenses shall not be transferable without consent of the city council. SEc. 10. For licenses for one year there shall be paid the follow ing named sums, and in the same proportion for a less time ; Pro- vided, That no license shall be issued for a less sum than five dollars, and no auction license for less than twenty-five dollars: For auctioneer's license, fifty dollars; For livery stable license, twenty-five dolllars; 65 For license for each carriage, hack, cab, dray, wagon, cart, sled, or other vehicle, five dollars ; For pedlar's license, seventy-five dollars ; For billiard table license, twenty-five dollars for each table. For bowling, nine or ten pin alley license, ten dollars for each alley. SEC. 11. For any theatre, circus, concert, or other exhibition, the sum to be paid for a license shall be fixed by the city council, or by the mayor and two aldermen, or in the absence of the mayor, by three aldermen, and shall not be less than five, nor more than fifty dollars for each week during which such exhibition may be con- tinued; Provided, That they may remit the payment, if satisfied that the nett proceeds of any concert or exhibition will be applied to religious or charitable purposes. SEc. 12. The penalty for violation of any provision of this ord- inance for which a penalty is not otherwise provided, shall be not less than five dollars with costs of prosecution. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: Wm. MoLENAN, Recorder. AN ORDINANCE to tax and regulate Auction Salee. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That no person shall be licensed to act as an auctioneer in the city of Dubuque, until he shall execute and file with the re- corder, a bond to the city of Dubuque, with good and sufficient sureties, residents of said city, in the penal sum of two hundred dol- lars, conditioned for the faithful compliance with the provisions of this ordinance, and the prompt payment of all monies herein re- quired to be paidto said city. No license shall authorize sales by two or more persons at the same time. SEc. 2. Every licensed auctioneer shall make and return to the city treasurer, before the tenth day of each month, a written state- ment, under oath, of the amount of money received for all goods, wares or merchandise, sold by him and by any and all persons in his employ, or acting under his license during the month next preced- ing, and shall pay into the city treasury at the time of making such 9 66 return, a sum equal to four per cent of the amount so received ; Provided, That if it shall be shown to the satisfaction of the city treasurer, that any articles sold at auction have within one year pri. or to the date of such sale, been included in the regular assessment of property for taxes, and that atax has been paid upon the same to the city of Dubuque, such article shall be exempt from the tax of four per cent imposed by this ordinance. On failure of any auc- tioneer to make return and payment as herein required before the tenth day of any month, his or their license shall be suspended until such return and payment shall be made ; and it is hereby made the duty of the city treasurer, in case of such failure, to give notice forthwith to the city marshal, of the suspension of such license, and the marshal shall see that the first section of this ordinance is en- forced in the same manner as if no license had been issued to such auctioneer. SEc. 3. Any person who shall sell at public auction on the streets or sidewalks, or in the doorway of any house, so that the bidders, or bystanders shall encumber or block up any street or sidewalk of the city, shall be subject to the usual penalty for ob- structing the streets. SEC. 4. Nothing contained in section 2 of this ordinance shall apply to sales made by the authority of any sheriff, constable, mar- shal or other officer, by virtue of legal process. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : WM. MCLENAN, Recorder. AN ORDINANCE to licence omnibuses, and regulate the charges for conveyance therein. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That on complying with the conditions and reservations herein stated, Ephraim Ratcliff and his assigns, shall, until the 31st day of March 1863, have the exclusive privilege of running forhire omnibuses, with the privilege of running other conveyances where it is impracticable to run omnibuses, for the purpose of carrying persons, passengers and travellers,and their baggage upon the streets of the city, and to and from the hotels, depots, steam boat landings and railroad stations within the corporate limits of said city. 67 SEC. 2. It shall be the duty of the said Ephraim Rateliff and his assigns to furnish all necessary and suitable omnibuses and con- veyances for carrying persons, passengers, and travellers to any part of the city, to run the same at all reasonable hours and in such manner and such times as will conveniently accommodate the peo- ple in the city, and the passengers and travellers, arriving at, and departing from the city, and also shall, in the performance of said duties, employ competent, suitable and gentlemanly persons to drive and have the charge of said omnibuses and conveyances. SEC. 3. That the said Ephraim Ratcliff and his assigns may charge and receive the following rates and no more viz : For each person with his or her ordinary baggage carried to or from any point in the city, not on the bluffs, twenty-five cents ; For each person with his or her ordinary baggage carried to or from any point on the bluffs, fifty cents, and for each person who is over six but under twelve years of age, half of the above rates may be charged and received. SEc. 4. That the council may direct and require an omnibus or other conveyance to be run regularly by Ephraim Ratcliff or his assigns on any of the streets in said city, and fix rates for the same whenever the convenience of the public will be promoted thereby, and the council shall also have the power to regulate and alter any of the rates of charges herein allowed whenever the said council may deem it consistent to do so. SEc. 5. That in case of failure on the part of the said Ephraim Rateliff or his assigns to perform the conditions and stipulations herein required, the council may, on such failure being made clear- ly to appear, repeal this ordinance at any time before the 31st day of March 1863. Passed January 24, 1861. Attest: WM. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE for the regulation of the Dubuque and Dunleith Ferry. WHEREAS: By a contract made and entered into on the loth day of November, in the year 1856, by and between the city of Dubuque, of the first part, and Charles Gregoire and others, of the second part, the said Charles Gregoire and others are licensed and allowed to keep and maintain a ferry, to ran from said city of Dubuque to the Illinois shore at Dunleith. And in the said contract the right to fia the rates of ferriage at said ferry is retained by the said city of Dubuque. Therefore, Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the said boat or boats shall leave the regular land- 68 ing,ty owhich shall be at euch of places as may be assengers and freightred by the to Dunleith,as council, for conveyance Pll often as once in every thirty minutes, from sun etiti the 1 s our after sunset of each day from the 1st day of April, of November, in each year; Provided, That they shall not be re- quired to leave more than once within the hour from 12 to 1 o'clock of each day. On, and after the lst day of November of each year, till the 1st day of April of the ensuing year, the said boat or boats shall leave the said landing for the purpose aforesaid, once in every r set of each day. boat hour boats s sunrise leave as hereone in provur ided,lunless prevented by Said by or boats shall accident, or the dangers of navigation. ue to SEc. 2. on he boatsng of said ferry, thechargesfreight shall beasbfoll follows: Dunleith 10 cents. Each foot passenger, .......•••.•"' " Man and horse, ........................ 20 44 15 Each led horse,........... • • • • • " .... 20 0 Wagon, loaded, two horses and driver,.... 10 " Wagon, unloaded, .............•'". 44 Dray, loaded, one horse and driver,...... 420 44 Dray, unloaded • • • • • • "" Buggy or wagon, one horse and driver,.:. 30 Buggy, two horses and driver, ........... 50 " Hack, two horses and driver,........... 60 44 Gig or sulky, one horse and driver,...... 30 Hack or stage, four horses and driver,.... 100 " Each additional horse in teams,........ . Mule and ox team, same as horse, Cattle, over 20 head, per head, ......••.• 8 0 Cattle, 20 head or less, per head,1 Sheep or hogs, per head, ..............0 Each barrel of flour, not in vehicle,5 Freight, under 500 lbs., per 100 lbs, Freight, 500 lbs., or more, per 100 lbs.,4 is orl SE3. The owners nin n essthan threeconspicuous placesferry shl cause copies of each Hancee to be poste of the said steamboats used for the conveyance of passengers an freight as aforesaid, to remain whenever said boats may be in use; and shall also cause a list of the rates of ferriage as herein estab 64 " 44 44 44 69 lished, painted in letters and figures not less than one inch in length on a sign, to be placed in a conspicuous position, at or near the en- trance to the wharf boat of said ferry. SEC. 4. That at such times as it may be 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- tors of said ferry shall provide a sufficient number of good boats or skiffs, with able and competent men, to manage the same, to con- vey across the river or such part 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 convey- ance of each passenger with baggage not exceeding seventy-five pounds in weight, the charge shall not exceed twenty-five cents. SEC. 5. For each and every violation of this ordinance, the pro- prietors of said ferry shall be subject to a fine of not less than five nor more than twenty dollars with costs of prosecution. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: Wu. MCLENAN, Recorder. AN ORDINANCE to regulate Ferries. Be it ordained by the City Council of the City of Dubuque SEC. 1. That any person who shall establish and maintain a ferry for the conveyance of freight or passengers from any point within the limits of the city of Dubuque to the opposite bank of the Mississippi River, or shall use any boat or boats of any kind or description for ferry purposes, within said limits, without being duly authorized by a license from the city council, shall be subject to a fine of not less than thirty dollars, with costs of prosecution, for each trip made by such ferry boat. SEC. 2. That any person who shall act as agent for the owner of any boat or barge of any description used for ferry purposes, in violation of the preceding section, or who shall receive Tor the pur- pose of transportation from any point within the limits of the city Of Dubuque to the opposite bank of the Mississippi River, upon any 70 boat or barge not duly of any licensed boat, shall be the said city, any freight description whatever, sub- ject to a fine of not less than ten dollars for each offence, with costs of prosecution. Passed November 1, 1860. H. L. STOUT, Mayor. Attest : WM. MCLENAN, Recorder. AN ORDINANCE to establish and regulate the Fire Department. Be it ordained by the City Council of the City of Dubuque: SEC. 1. The fire department of the city shall consist of a chief engineer and one assistant engineer, or more, as the city council may determine, with as many firemen as the number of engines andthe number and quantity of other fire apparatus belonging to the city may from time to time require, not exceeding seventy-five men to each engine company, or thirty men for each hose, hook and ladder or bucket company, including officers. SEC. 2. The whole fire department of this city shall be under the command of the chief engineer. It shall be his duty to exer• vise a constant supervision over the fire department. He shall have the general charge of the property of the city connected with the fire department, and shall see that the same is always kept in good repair and ready for immediate use. He shall order and procure such repairs to be made upon the engines or other fire apparatus, as may be necessary, but shall not incur at any one time an expen• diture exceeding twenty-fivedollars, without first obtaining direc- tions from the city council. He shall have charge of all the public cisterns, and shall see that the same are at all times supplied with water and in proper condition for use. He shall attend at all fires which may occur in the city, and all orders given by him to any assistant engineer, company, or fireman, shall be promptly obeyed It shall be his special duty to see that the provisions of this ordi• nance are strictly enforced and obeyed. The duties requiredby this ordinance of the chief engineer shall in his absence or inability to act beperformedby the assistant engineer, highest in rank, present. He shall make report annually, in the month of March, to the city 71 council of the property of the city connected with the fire depart- ment and the condition of the same, and from time to time of such additions and improvements as he may deem needful to preserve the efficiency of the department, and such other matters relating thereto as may require the action of the council. He shall certify to all bills presented to the council for expense incurred by his order or consent. He shall make return to the city council at their first meet- ing in the month of October, in each year, of the names of all officers and members of companies belonging the department, with the date of admission of such as have become members within the year preceding. He shall receive for his services such sum as the city council shall allow, payable from the city treasury. SEC. 3. It shall be the duty of the assistant engineers to repair immediately to fires within the city ; to obey all orders while on fire duty, given to them or to either of them, by the chief engineer ; and to assist him in the discharge of his duties as far as possible. In case any assistant engineer shall be guilty of disobedience, dis- respect, or other improper conduct, it shall he the duty of the chief engineer to report the same to the city council. SEc. 4. The chief and assistant engineers shall be elected by the firemen of the city, at an election to be held on the first Monday of December in the present year, and of every second year there- after, at such time and place as the city council shall designate, when, due notice having been given of said election, a meeting shall be held for the purpose, at which the chief, or in his absence, the assistant engineer, shall preside. The election shall be by bal- lot, and the persons having the greatest number of votes for the respective offices shall be declared elected. No person shall be allowed to vote at such election unless he shall be regularly enrolled as an active member of the fire department of this city. The sec- retary of each company shall prepare for the use of the judges at said election, a certified list of the members of said company en- titled to vote at said election. The inspectors or judges, who shall consist of one member of each organized fire company, previously appointed at a meeting of the company held for the purpose, shall make a return, in writing, to the city council at its next regular meeting after said election, setting forth the whole number of bal- lots cast for each office, the name of each person voted for, and the number of votes given to each person for each different office, which return shall be certified as correct, signed by the judges and 72 n by the presiding officerof the meeting. their approval of the persons electedreceipt of said oor the council shall signify order a new election, as they may deem proper. No person rejected by at such election. The officers elected, ouncil shall 1 receivee ea certificate signed by the mayor and when approved, sh recorder, and on receipt thereof shall enter upon the duties of their respective offices. SEc. 5. When on duty, the chief engineer and assistant engi- neers shall each wear a white fire cap, with the name of his office on the front. No enf ineer and the be worn by any other as i to the sae cor shallengineers shall sev- erally The chiefg have power tcomsuch rc xtinguishing of fires, ndtance from the aforathe of the city for the suppression e required. They preservation of shall have full powerperty exposed to ,to as supprmayess all tumults and or either of thhem,, disorder at fires; and the chief engineer, or assistant engineer in command, shall have power to order any company, fireman, or other person, away from the neighborhood of said fire. In case any person shall refuse or neglect to render assistance as above re• quired, and shall not be excused by the engineer in command, or ief or an shall refusen to obey any eer or if suchr lawful command fireman or her person shae l refuse or neglect engineer, reman or other p ro n inr when ordered so to do as aforesaid, the either case so offending shall for each offence forfeit other person and a fine not exceeding twenty or less llars. The fire department shall continue aas at pr sent organ. SE.. 6. d ladder or bucket eonswith such additionl from time toltime be needed nes, hose, hook abut no fire company companies as may shall hereafter be established except by authority of the city coon• ail, and subject to om anll the yrovisions of this ordinance. in the fire d partment shall be underthe SEc. 7. Each c p Y cted immediate command a d company from their f a foreman and other officers number.le The by the members of foreman of such company shall have the e special aarge of the h property of the city to which his company may shall be his duty to see ehantc ardefe°tor want oerty is f repair therein, oerly taken care f and to report any deficiency, soon as known to him, to the chief engineer. Each foreman an the company under his command, unless excused or otherwise di ai elated, shall proceed as soon as ethe city,witeand shall engines pra apparatus, to every fire that shallinoccur 73 coed, under such directions as may be given by the chief engineer, or either of the assistant engineers, to locate their engine and ap- paratus and do all that may be necessary towards extinguishing the fire and the preservation of property exposed to fire, and shall not remove therefrom without permission of an engineer if any be pres- ent, and on such permission they shall return their engines and fire apparatus to their respective places of deposit. If any company shall, without permission, leave any fire with their engine or fire apparatus, or shall neglect to return the same as aforesaid, the chief engineer shall report said company to the city council, who shall take such action as they may deem proper. No person shall be admitted as a member of any company belonging to the fire depart- ment who is not of the age of nineteen years or more. SEc. 8. No engine or other property belonging to the city, con- nected with the fire department, shall be taken out of the city, un- less under such regulations as the chief engineer may from time to time establish, nor shall more than two fire engines leave the city at any one time. No engine or other fire apparatus shall be ap- plied to private uses, or be taken from the house where it is usual- ly kept, except in case of an alarm of fire, or for practice, without permission of the chief engineer, or of an assistant, if the chief is absent from the city. SEC. 9. No fire engine, hook and ladder truck, or hose or bucket cart, shall, in going to or returning from any fire, or at any other time, be run or drawn upon any sidewalk, except by the special or- der of the chief, or an assistant engineer, under a penalty of five dollars for each offence, to be forfeited and paid by each and every person adjudged guilty of aiding or assisting in such offence. SEc. 10. No cards, dice, or other articles used for gaming, shall be brought into or suffered to remain in any building used as an engine house, nor shall any spirituous liquors be used therein, and no such building shall be opened on Sunday, except in case of an alarm of fire. SEc. 11. Any person who shall be convicted of insulting, men- acing, or wantonly interfering with any engineer or fireman, while on duty, or shall without authority give any order to any engineer or fireman, while on duty, shall for each offence forfeit and pay a fine of not less than five dollars. SEc. 12. There shall be paid to each fire company, in quarterly payments, in each year, for keeping clean their engines, fire appar- 10 74 atns and houses, and for other expenses, except repairs, such sum as the city council may from time to time determine. SEC. 13. No person shall open or leave uncovered any of the public cisterns, or take any water therefrom, except for the purpose of extinguishing fires or washing fire apparatus under a penalty not exceeding ten dollars for each offence. Ste. 14. The fire engines, hook and ladder trucks, hose carts, hose, buckets, hooks and ladders, and other fire apparatus, and the the houses and lands used therefor, are and shall be subject to con. trol and direction of the city council, aand ri ohing hexein er impair is anyd shall divest the city of its property, right at any time to take possession of the same, or any portion thereof. Passed January 24, 1861. Attest ; WM. MILE AN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to prevent Fires. Be it ordained by the City Council of the City of Dubuque, Ste. 1. That no person shall pass any stove pipe, or flue, through any roof, partition or side of any house in the city of Dubuque, TM, less it is sufficiently surrounded by brick, stone, or other incombus• tible substance, so as to be at least three inches removed from Hi wood or combustible, and all chimneys and stove pipes, shall in all cases extend at least two and a half feet beyond the roof or side d the house through which it passes, but no pipe shall project into any street. SEc o other combustiblesmat materhall set ials,toe inany street or lot nlsaid straw, city, within twenty feet of any building. SEC. 3. That no person shall stack more than one ton of halt straw in any lot in said city within one hundred feet of any -build ofing, and any person violating any of the foregoing provisions this ordinance shall forfeit and pay any sum not less than five di lars for each offence, before any court having jurisdiction, 0 costs. 75 SEc. 4. That no person shall use any building for trying, or for rendering lard or grease, or boiling oil or varnish, if such building shall stand within one hundred feet of any other building, unless such buildings are secured from fire by a brick, stone or ground floor, and no wood work within ten feet of the fires, unless it be the ceiling over head, and in case it shall come within ten feet, it shall be covered with iron, zinc, or tin, and any person who shall violate the provisions of this section shall forfeit and pay any sum. not less than twenty dollars for each day's continuance of the use of such building for the purposes aforesaid, to be recovered before any court having jurisdiction, with costs. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: WM. MCLENAN, Recorder. AN ORDINANCE to provide for the Levy and Collection of Taxes. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That for the purpose of defraying the current expenses of the city there shall be levied by the city council in each year, upon all taxable property in the city, both real and personal, such tax as the council may, by resolution, determine. If it shall be necessary to levy a tax for the purpose of paying the debts of the city, the amount shall be specified in the resolution which shall also fix the amounts to be paid in cash and in scrip. The amount of tax levied for such purposes shall not exceed in any year the sum. of one per cent. upon the assessed value of the taxable property in the city, for the year in which such tax may be levied. SEC. 2. That the city assessor shall in each year make out in a book provided by the city for the purpose, a list of all the real estate and personal property, subject to taxation in the city, together with an assessment of the value thereof, and shall return the same to the City recorder, on or before the first day of August in each year. Said list shall set forth in numerical order, all lots or divisions of ground in the city, under the appropriate heads, of city lots, addi- tions, or mineral lots, and shall fix a value on each lot, or part of a lot which may be divided between two or more owners, with the 76 improvements thereon. He shall place in said list against the number of each lot, the name of the owner, when known. Said list shall also set forth, in alphabetical order, the names of all per- sons having personal property subject to taxation by the city, and shall express the amount of such personal property by its value in cash, under separate heads, as required in the assessment for state and county purposes. Any improvements on real estate made prior to the first day of August of any year shall be assessed in such year, and any personal property subject to taxation, found in the city prior to said month of August, shall be included in the assessment of such year. The assessor shall return with said list, a statement of the total amount of real and personal property assessed. If the Collector shall discover, after the return of the assessment, any property subject to taxation as herein provided, and which shall have been omitted from the assessment, he shall assess the same and make an entry thereof in the tax -book for the year, and if real estate, in the tax -book of any year from which the same may have been omitted. In assessing property the assessor shall conform as near as may be consistent with the provisions of this ordinance, to the laws of the State of Iowa in relation to revenue. If any asses. sor shall fail 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. SEC. 3. 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 inspection meeting ofttbe payers, and will continue open till the first regular city council in September, when any person feeling aggrieved by the assessment of his or her real estate or personal property, may appeal to the Council for correction: Provided, That if the asses sor should not return the assessment lotiaok t textend trequired me this ordinance, the council may, by appeals until the expiration of one month from the date of such SEo. 4. The council shall, at its first regular meeting in Septeno return. ber, appoint a committee on assessments, consisting of one alder man from each ward, to whom all appeals from the assessment shall be referred, who shall hear and decide upon all such appeals, and shall also equalize the assessment, if in their judgment it sbd 77 require revision, and shall report their proceedings to the council at the 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 same if necessary, and to carry out in separate columns the different taxes levied by the council, with the total tax of each person, firm or corporation. He shall complete and deliver the taxbook to the city collector, on or before the first day of December, taking duplicate receipts therefor, one of which he shall deposit with the auditor, and for each day that he shall retain the said book after the first day of December, he shall forfeit and pay for the use of the city the sum of fivedollars, which shall be de- ducted from 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 taxes, and that all persons paying their taxes before the first day of January next following the levy of such tax, will be entitled to a reduction of ten per cent. upon the amount of their taxes; and all taxes unpaid on such first day of January shall be delinquent, and shall be subject to the penalty hereinafter provided. The collector shall continue to receive taxes after they have become delinquent until collected by distress and sale; but if they are not paid before the first day of February he shall collect as a penalty for non-payment, from each tax -payer or delinquent, one per cent. of the amount of his tax additional, and if not paid before the first day of March he shall collect another one per cent. additional, and the same for each full month during which such taxes shall remain unpaid. SEC. 7. No demand of taxes shall be necessary, but all taxes not paid before the first day of July in each year the collector shall proceed to collect by levy and seizure of personal property liable to taxation, if any can be found, belonging to the persons owing such taxes, and sell the same at public sale, after giving ten days notice in writing, by posting such notice in three public places in the city, one of which shall be the Post Office. He shall receive incase of such seizure and sale, the same fees as are allowed by law to the county treasurer for like services. Any surplus remaining above the taxes, charges of keeping and fees of sale, shall be re- turned to the owner. Sze. 8. The collector shall, as soon as may be, after the first day of September in each year, offer at public sale at the City Hall 78 all real estate upon which taxes are due and remaining unpaid, and the sale shall be made for and in payment of the total amount of taxes, penalties, interest and costs due and unpaid on such real property. The collector is required to give notice of the sale by publishing an advertisement thereof in the official paper of the city, once a week for four weeks prior to the day of sale. Such adver- tisement shall state the time and place of sale, and contain a de- scription of the several parcels of property to be sold, as the same are recorded in the tax -book, the amount of taxes on each tract of land, with penalty, interest and costs, the year in which such taxes were levied, and the names of the owners, when known, or the per- sons, if any, to whom taxed. He shall also charge and collect in addition the sum of ten cents for each lot or tract of land adver- tisedfor sale. SEC. 9. The sale shall take place between the hours of nine o'clock in the forenoon and five o'clock in the afternoon, and may be adjourned from day to day, Sundays excepted, until all such real estate is sold, or as long as there are bidders. The sale shall in- clude all property upon which taxes of any former year remain de- linquent, but no advertisement shall be required of land offered for sale a second time for the same tax. SEc. 10. The collector shall proceed at the time and place and on the day specified in such advertisement, to sell separately each lot or parcel of real property advertised for sale. The person who offers to pay the amount of taxes due on any parcel of land for the smallest portion of the same is to be considered the purchaser, and he 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 real estate sold for taxes as aforesaid, a certificate of purchase, describing the property on which the taxes and costs were paid by the purchaser, as the same was described in the record of sales, and also how much and what part of each lot or tract was sold, and stating the amount of each kind of taxes, with interest and costs, for which each tract or lot was sold, and that payment had been thereof. If any person shall become the purchaser of more than one parcel of property he may havet he whole included in one certificate. Payment shall be made at the time of sale, and on failure of payment at such time the land or lot shall again be of fered for sale. 79 SEc. 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 described in the tax book, stating in separate columns the amount of each kind of tax with interest and costs for each lot, how much and what part of such lot was sold, to whom sold and date of sale. SEC. 12. All taxes due and unpaid on the first day of Septem- ber in any year, shall be increased by the same penalty and rate of interest, and all real estate sold for taxes shall be entitled to the same right of redemption as provided by law in relation to prop- erty sold for state and county taxes at the time of sale. Payment of the 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 the property, shall issue to such party a certificate of redemption, setting forth the facts of the sale substantially as contained in the certificate of sale, the date of re- demption, the amount paid, and by whom paid and received, and he shall make the proper entries in the book of sales in his office. He shall report such redemption to the city council at their next regular meeting thereafter, and they shall order the amount re- ceived to be paid to the holder of the certificate of sale, whenever the same shall be presented for such payment. SEC. 13. Immediately after the expiration of three year from the date of the sale of any land for taxes, the collector then in office shall make a deed for each lot or tract of land sold and remaining unredeemed, and deliver the same to the purchaser upon the re- turn of the certificate of sale. Any number of lots purchased by one person maybe included in one deed if desired by the purchaser. The deeds shall be executed substantially in the form required for deeds from the county treasurer 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 additional for each lot of land more than one, included in the same deed. The deed shall be signed by the collector in his official capacity, and acknowledged by him before some officer authorized to take ac- knowledgments of deeds. SEC. 14. If at any time the collector shall be informed of the intention of any person to dispose of personal property upon which taxes are delinquent, and shall have good reason to believe that such disposal of property will prevent the collection of taxes, 80 he shall forthwith proceed to collect such taxes by distress and sale of the said property, or so much thereof as may be required to pro- duce the amount of such tax. Any surplus remaining above the taxes, charges of keeping and costs of sale, shall be returned to the owner. Any and all taxes of whatever nature or description, due and unpaid, shall be held to offset any claim against the city from the person or persons who may be legally liable for the payment of such taxes. Whenever any payment from the city treasury shall be ordered by the council, it shall be the duty of the recorder to ascertain from the collector before drawing the orders for such payment, whether any taxes shall be due an n aid from the per- son or persons to whom such payment is to Te made,ra h d iforany s such taxes be shown upon the books of the collector, or so much thereof as will be sufficient to pay such taxes, shall be delivered to the city collector, who shall receipt for the same to the auditor, and shall also receipt to the person owing such taxes for the amount of taxes so paid. No transfer of any claim against the city shall be held to authorize the recorder to draw such or- ders in favor of any other person than the original holder of the claim, unless such transfer shall have been effected before the taxes became due. SEC. 15. Any person who shall, by force, resist or impede the collector in discharging the duties of his office, shall, upon conic. tion of such offence, forfeit and pay for the use of the city a fine of not less than ten dollars, or be imprisoned not less than thirty days. SEC. 4. The collector shall preserve in his office, in a book to be kept for the purpose, copies of all notices of sale of personal property sold for taxes, and also a copy of each number of the offi- cial paper in which the sale of real estate for taxes shall be adver- tised. He shall keep true and correct accounts of all sales, with amount of taxes, penalties, interest and costs, monies received and by whom paid, date of payment of taxes, amounts paid in cash or in scrip, and of all transactions in his official capacity as collector of the city. SEC. 17. All unpaid taxes, which have become delinquent pre- vious to the passage of this ordinance, shall be collected in the manner herein provided, but if such taxes shall be p aid before the first day of October, A. D. 1860, the penalties provided in sections 6 and 12 ofthis therate of tenper cent per annumfrom the time tat ordinance ll not be exacted, t interest shall be collected 81 such taxes became delinquent. If not paid prior to the first day of October, 1860, all such taxes shall be increased by the pen- alties provided in the sections aforesaid. SEC. 18. In the collection and receipt of taxes the collector shall receive in payment thereof, orders drawn upon the treasurer by au- thority,of the city council, payable out of the respective funds : Provided, That the amount of tax appropriated to the general 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 interest tax only specie or current bank notes shall be received. SEC. 19. All ordinances or provisions of ordinances inconsistent with this ordinance are hereby repealed. Passed. September 6, 1860. H. L. STOUT, Mayor. Attest : WM. MCLExAx, Recorder. AN ORDINANCE to require the filling up and raising of Lots to prevent stagnant water thereon. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the city council may at any time by resolution order and require any lot or lots in said city subject at any time to be covered with stagnant water, to be filled up and raised. Such resolution shall designate the particular lot or lots, and the height to which the same shall be filled up and raised, and shall also fix a reasonable time for the completion of the work. Upon the passage of such resolution, a copy thereof shall be issued by the city re- corder, and shall be served by the city marshal upon the owner or owners of any such lot or lots respectively, either personally, or by leaving the same at his, her or their usual place of residence. In case of non-resident owners, notice shall be given by publication in the official paper of the, city for a period of two weeks. And if any owner or owners of. any lot or lots shall after such notice or publication, neglect or refuse to 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 the ex- pense of the city, and assess the cost thereof with the incidental expenses on the lot or lots respectively, and the city recorder shall 11 li II 82 ,` forthwith make out and preparedescriptionnassessment sent such 1 tof , onm swhich shall appear the numbers or owners when known, cost of filling up, and other expenses Inciden- tal to the work, and shall deliver the same to the city collector for SEc. 2. That the collector shall forthwith on the receipt of succollection. assessment roll, give notice by publication in the official paper of the city, for the term of two weeks, requiring such assessment to be from the rst ifd tu him withinmethirty shall notsbe paid within thecation thereof, me required, and such assessment the collector shall forthwith proceed to advertise and sell such lot or lots at public auction to the highest bidder for cash, to pay the assessment thereon, which sale shall be advertised for the same time and in the same manner and shall be conducted as required by ordinance for the sale of lands for the non-payment of taxes, assessed for defraying current expenses of the city, except that the sale may be had at any proper time designated by the collector, and the, collector shall on such sale give to the purchaser or pur. chasers, as the case may be, a like certificate, except that the time for redemption shall therein be stated at one year from the day of SEC. 3. That the owner of any lot so sold may at any time sale. within one year from the day of sale, redeem such lot by paying into the city treasury for the use of the purchaser of the same, the amount by him paid therefor, together with any taxes which such purchaser may have paid thereon since such sale, with interest at the rate of ten per cent. per annum. And in the matter of such sale, with the advertisement, record, certificate, redemption and deed, the collector shall conform as near as may be consistent with the provisions of this ordinance to the requirements made by ordi• nance in case of the sale of property for delinquent taxes. Passed January 24, 1861. H. L. STOUT, Mayor, Attest : WM. McLENAN, Recorder. AN ORDINANCE to prevent the erection of dangerous walls. Dubuque: Be it ordained by the City Council of the City of SEC. 1. That no building of brick or stone, three stories e5 83 more in height, shall be erected within the limits of the city of Du- buque, unless the walls thereof shall be as hereinafter required; the cellar wall shall be not less than two feet thick and shall be properly banded by headers extending through three -fourths of the thickness of the same; the outside walls for the first story shall be at least twelve inches in thickness; the outside wall of the second story shall be not less than twelve inches in thickness; the outside wall of the third story shall, if the building be three stories only in height, be eight inches, if four stories in height, twelve inches. In build- ings four stories in height the outside wall for the fourth story shall be not less than eight inches in thickness. SEC. 2. That whenever the city engineer or city marshal is informed or suspects that any building has been constructed, or is in the process of construction contrary to the provisions of this or- dinance, 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 notify 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 the premises; whereupon the city council may order the building or walls to be removed or may direct that the same be made to conform to the requirements of this ordinance within a specified time, and the owner of such building or walls shall be liable to a fine of twenty dollars for each day's de- lay in complying with the order and direction of the city council, after the expiration of the time fixed by them. SEc. 3. Any person who shall obstruct the city engineer or marshal in the examination herein required, shall upon conviction be fined not less than five or more than twenty dollars, for each of- fence. Passed January 24, 1861. Attest: Wm. MCLENAN, Recorder. H. L. STOUT, Mayor. AN ORDINANCE to provide fer the establishment of a City Police. Be it ordained by the City Council of the City of Dubuque : SEc. 1. That the city council may at any time appoint such num- ber of policemen or night watchmen as they may deem necessary 84 0 for the purpose of guarding and protecting the peace and quiet of the city and the lives and property of its inhabitants, to be under the control of the city marshal, subject to the orders of the council. SEc. 2. All police officers or watchmen must be citizens of the United States and of the State of Iowa, and actual residents of the city of Dubuque, and shall be capable of speaking the English lan- guage, and not interested or engaged in keeep hall hold their office any tavern, saloon, coffee house, ten -pin alley or beer shop, and during the will and pleasure of the city council. SEc. 3. All police officers or watchmen shall, beforeentering upon the discharge of their duties, take and subscribe the usual oath of office. By their appointment and oath they shall be duly constituted peace officers within the city limits, and it shall be their duty to see that the lives and property of the inhabitants of the city are carefully watched over and guarded, and to prevent as far as may be in their power, the commission of any offence against per. sons or property. For these purposes they are hereby invested with authority, and it shall be their duty to arrest with they oitr without warrant, and to imprison for the time being, untilY 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 the State SEc. 4. Any policeman or watchman who shall be found asleepor city. While he should be on duty, or intoxicated, or absent from his beat, or guilty of any deriliction of duty, or of improper conduct, shallbe complained of to the mayor by the marshal immediately on such facts coming to his knowledge. The mayor may at his discretion suspend 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. SEc. 5. Any person who shall have committed a breach of the peace, a felony or a misdemeanor may be pursued wherever he may go, and if he take refuge in any house, enclosure or lot other place, the policeman, after stating his office and object may, p mission to enter be not given, break open the doors or windows, enter the house and arrest the offender. SEc. 6. That all persons arrested by any officer of the city, and whom it may be necessary to imprison to await trial, shall nbe con. own fined inthe city patsan at the east end of the City other place which may be provided by the the calaboos , Y city council for the purpose. 85 SEc. 7. That any person who shall rescue or take from the cus- tody of any officer of the city, or prevent the arrest of any person, or in any manner resist, oppose, impede or obstruct any policeman or watchman in the discharge of his duty, shall upon conviction be fined not less than five dollars nor more than twenty dollars. SEc. 8. That any policeman or watchman who is resisted in making an arrest, or .from whom a rescue is attempted, or who is forcibly resisted in the lawful discharge of his duty, may require the aid. of any citizen present, and if such citizen shall refuse or neglect to render the aid required, he shall upon conviction be sub- ject to a fine of not less than one dollar or more than five dollars. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : WM. MCLENAN, Recorder. AN ORDINANCE for the protection of the Public Pears. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That any person who shall be found loitering about the streets of the city, without any legal occupation or means of sup-, port, or who shall occupy for lodging or any other purpose any barn, shed, shop, vessel or place not kept for that purpose, without per- mission of the owner or person entitled to possession thereof, shall be deemed a vagrant, and shall be punished by a fine of not less than five dollars or more than twenty dollars, or by imprisonment inthe county jail for a term not exceeding thirty days. SEc. 2. That any person who shall be found in any street, alley, or public square, intoxicated with liquor, or shall wilfully and ,ma- liciously disturb the peace or quiet 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 manner, shall be fined not less than five dollars or be imprisoned in the county jail not exceeding thirty days. SEc. 3. Any person who shall be guilty of keeping, or shall be an inmate of, or in any way connected with, or in any way contribute to the support of any disorderly house, or house of ill -fame, or place for the practice of fornication, or knowingly own or be interested an proprietor or landlord of any such house, shall on conviction be 86 subject to a fine of not less than twenty dollars or to imprisonment irty days. in the county jail persor a n who shall rm not or excite, or aid, or abet SEc. 4. Any p make, any disturbance in any tavern, store, or grocery, or hall, ay e elect or public meeting, or in any church, lecture -room, or in any other place where citizens are lawfully and peaceably assem- bled, shall be punished by a fine of not less than five dollars. SEc. 5. That any person who shall indulge in any indecent or disorderly conduct, or lewd or lascivious behavior in any street or other public place of the city, or shall commit any indecent, im- modest, or filthy act, or exposure, in the presence of any other per- son, or in such a situation that persons passing or repassing might ordinarily see the same, ,shhallIl n ten dollars fore each offencen conviction tereof be ed not less than one dollar, or more SEc. 6. If any person shall be found by the city marshal, or by any deputy marshal, watchman, or police officer of the city, vio- lating any of the provisions of the preceding sections of this ordi- nance, it shall be the duty of s officer to retainf such pehsonliu or without warrant, any s person custody, or confined in such place as may be provided by the city for the purpose, until the proper time for trial and to make report of such arrest to the city attorney or city marshal. SEc. 7. Any person who shall wilfully cut, hack, mark, break, or in any manner injure or deface any sign, awning, tree, fence, railing, or any other property belonging to the city of Dubuque, or to any person or corporation, or shall wilfully injure or deface any school house, church, or other public building, or any private build- ing, by breaking open the doors, breaking the glass or in any other manner, shall be fined not less than one dollar or more than twenty dollars for each offence. SEc. 8. Any person who shall unnecessarily discharge any fire arms, or explode any fire crackers, or other fire works, or throw in any street or alley any squib or other article containing powder or other explosive material, shall be subject to a fine of not less than one dollar or more than ten dollars, for each offence ; Provided, That the city council may by resolution suspend the operation of the preceding provisions of this section, in whole or in part, °lathe fourth day of July, or any other day of public rejoicing. SEc. 9. Any person who shall sell, give, offer for sale, or exhibit, any indecent, immoral or obscene books, pamphlets, papers or pie- 87 tures shall be fined not less than one dollar or more than ten dollars for each offence. SEc. 10. Any person who shall be guilty of indecently exhibit- ing any stud horse, or shall lead the same through any street to in- vite the inspection of the public, or shall let any horse to any mare within that part of the city embraced within the limits of the town of Dubuque, shall for each offence be subject to a fine of not less than five or more than twenty dollars, with costs. SEc. 11. If any person shall inhumanly, unnecessarily, or cruelly beat, injure or otherwise abuse any dumb animal, he shall be subject to a fine of not less than one dollar, or more than ten dollars, for each offence. SEc. 12. That no person shall keep more than fifty pounds of gunpowder in any store, warehouse, or other building in the city, except such building shall be allowed to be used as a powder house, and approved for such purpose by the city council. SEC. 13. That all persons who shall keep powder within the city in quantities of fifty pounds or less, shall keep the same well secured in metallic cans or cases, and no person shall weigh out or sell powder after candle -lighting. Any person who shall violate any provision of this or the next preceding section of this ordinance shall be fined not less than five dollars for each offence. SEc. 14. That the keeper of any saloon or place kept for the purpose of selling liquor, ale, or beer, or of any billiard room or ten- pin alley, shall not allow any minor to visit or remain in such sa- loon, billiard room or alley, at any time during the night after nine o'clock, and no person shall at any time sell or give to any minor, without the consent of his or her parent, guardian, or employer, any wine, ale, beer, or liquor of any kind. Any person who shall offend against any provision of this section shall be subject on con- viction to a fine of not less than five dollars or more than twenty dollars, with costs. SEc. 15. Any person who shall race or drive any horse immod- erately on any street or alley of the city, or at such a rate as to en- danger any person walking on or crossing the same, shall be subject to a fine of not less than five or more than ten dollars, with costs. Passed January 24, 1861. WM. MCLENAN, Recorder. H. L. STOUT, Mayor. 88 AN ORDINANCE to prevent Nuisances: Be it ordained by the City Council of the City of Dubuque: SEc. 1. That no person shall slaughter any cattle, sheep, calves, or swine, or erect, construct, alter or use any building for the pur- pose of slaughtering therein, within that part of the city contained within the limits of the town of Dubuque. No person shall occupy or use for slaughtering or for purposes connected therewith any building not now used for such purpose within the presentlimits of the city without permission from the city council. Whenever any building now used or which hereafter may be used for such pur- poses, shall be deemed by them a nuisance, the city council may restrict the loca- may order the removal or disuse of the same, and tion of buildings for such use to prescribed liwmits o s, orll totally violate any ro- hibit the same within the city. Any person provision of- this section, or who shall refuse to remove or discon- tinue the use of any building for the purpose of slaughtering, when ordered by the city council, fine of not less than five dollars, brr been given, shall be subject to more than fifty dollars for each offence. SEc. 2. No person shall cast or leave exposed in any street, alley, lot, common, or watercourse within the city the carcass of any animal, or any putrid or unsound meat, fish or other substance, or make, use, keep, or permit, in his, her, or their dwelling house, shop, store, factory, out -house, cellar, yard, lot, or any other place within the city, any noisome or offensive liquid, or substance preju. dicial to the health of the citizens or an annoyaor othere to the offensir. ve matter, hood, or throw any filth, manure, offal, and an persont into any street, alley, lot or watercourse in the city, Y 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 person, shall be subject to a fine of not less than one dollar for each offence, and for every day that such nuisance shall remain after such notice. ult, SEC. 3. If any person shall suffer or permit any cellar, private drain, pool, privy, sewer or grounds, upon any premises offensive, or owned or occupied by him, to become nauseous, foul > injurious to the publorhemalo�h he than twenall ty dole lars foject �each offence, ne of not less than one dollar and to a like fine for every day such nuisance shall continue after notice to remove or abate the same. 89 SEC. 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 the same to become nauseous, foul,.or offensive shall be fined not less thau one dollar or more than twenty dollars for each offence- SEc. 5. The mayor or city marshal shall have full authority to enter into and examine, at any time between sunrise and sunset of each day, any building or part thereof or any lot or ground, which they may know or 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 the premises by the owner or occupant thereof; and any person who shall resist or obstruct such officer in his duty, or shall neglect or refuse to remove any such nuisance when so directed shall be subject to a fine of not less than five dollars for each offence. SEc. 6. If at any time it shall become necessary, in consequence of the neglect or refusal of any person, to remove or abate any nuisance, that the same shall be removed or abated at the expense of the city, the cost of such removal or abatement shall be charge- able to the person who shall cause such nuisance, or permit the same upon his premises, and shall be collected by suit or otherwise, with as little delay as possible. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: Paz. MCLENAN, Recorder. AN ORDINANCE to secure the health of the city. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That whenever in the opinion of the city council, it may be necessary for the purpose of promoting and securing the health of the city, or of preventing the introduction and spread of conta- gious, malignant, dangerous or infectious diseases, they may appoint ahealth officer, who shall be a qualified physician, and shall have power to take the most efficient measures for the safety of the city, and to prevent the introduction of such diseases, and the city mar- 12 • 90 shal is hereby required to aid and assist such officer in the discharge of such duty. SEC. 2. That if any person having any such disease shall be brought into the city by any steamboat or other conveyance, the commander of such boat or person having charge of such convey. ance shall before landing or leaving such diseased person within the city, give notice to the mayor or health officer, who may, if he shall deem it requisite for the health of the city, order that such diseased person shall be conveyed to the city hospital, and if neces- sary provide proper attendance and care for the same. And any person who shall neglect or refuse to give such notice as is herein required shall be subject to a fine of not less that twenty dollars. SEc. 3. Any person who shall knowingly introduce or aid or assist in introducing into the city, the small pox or any contagious, malignant, dangerous or infectious disease, or shall knowingly and designedly conceal the knowledge he may have of such disease be. ing within the city, without forthwith giving notice thereof to the mayor or health officer, shall on conviction, be subject to a fine of not less than twenty or more than one hundred dollars. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : WM. MCLENAN, Recorder. AN ORDINANCE to restrain Gaming. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That any person who shall play for money or other val• uable thing, at any game with cards, dice, checks, or at billiards, or any other article, or instrument, thing or things whatsoever, which can or may be used for the purpose of playing or betting upon, or winning or losing money or any other thing or article of value, and any person who shall bet on any game others may be playing, shall upon conviction thereof be fined not less than five dollars or more than fifty dollars for each offence, with costs of prosecution. SEc. 2. That any person or persons who shall keep a house or room for the purpose of gaming therein, or who shall suffer orper• 91 mit other persons to frequent or remain in any house or room kept, owned, occupied or controlled by him, for the purpose of gaming therein, shall upon conviction thereof, be fined not less than ten dollars or more than fifty dollars, for each offence, with costs of prosecution. Passed January 24, 1861. H. L. STOUT, Mayor. Attest : WM. MCLENAN, Recorder. AN ORDINANCE to prevent flogs from running at large. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That any and all hogs and pigs running at large are hereby declared to be a public nuisance, and it shall be the duty of the city marshal to procure and establish a pound at such place as he may select within the city, and to cause to be taken up and se- cured therein all hogs or pigs of any age or description, which may be found running at large in any of the streets, alleys, public squares or landings of the city, and any person who shall in any manner in- terfere with said pound without authority from the marshal, or shall injure, open, break or destroy such pound with intent that hogs confined therein may be rescued or escape, shall be fined not less than five dollars or more than fifty dollars with costs of prose- cution. SEc. 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 be sold at public auction to the highest bidder for cash, public notice of such sale having been given by written notice posted in three public places in the city, and the money arising from such sale shall be paid into the city treasury after deducting therefrom the marshal's fees, with cost of keeping and sale. If the owner or owners of any hogs or pigs shall claim the same of the marshal before the time appointed for sale, and pay the charges of taking up, keeping and advertising, and shall prove ownership to the satisfaction of the marshal, such hogs or pigs shall be delivered to said owner. If within one month after the sale of any hog or II 92 pig, as herein provided, any person shall prove ownership to the satisfaction of the marshal, he shall make a certificate of the amount ury e s of such sale, and don hpresentation ofm into the 3suchscertificatetto hecrecor.der,he shall and on presentation draw an order on the treasury for the amount. SEc. 3. The city marshal shall be entitled to demand and re- ceive the sum of twenty-five cents for each hogtaken en to s said pound, with a reasonable sum for keeping, and twenty or notices of sale, and ten per cent of the proceeds thereof, to be paid roceeds, and rt obyn the owner, each monthdeducted to th from city coup it any proceedings shall by him once in each under this ordinance. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: WTI. McLENAN, Recorder. AN ORDINANCE to license, tax and 'regulate the keeping of Dogs. Be it ordained by the City Council of the City of Dubuque; SEc. 1. That any person owning or harboring any dog or bitch shall procure a license therefor, which shall be issued by the city recorder, for the term of one year on presentationand of the five Tredollasurer's is receipt for the sum of two dollars for each dog, each bitch owned or harbored by the person making application for such license. Any person who shall allow any dog or bitch habitually to remain, and be lodged or fed within his or her house, barn, store or enclosure, shall be considered as harboring the same within the meaning of this ordinance. SEc. 2. If any person shall refuse or neglect to obtain a license as provided in the preceding section, any dog or bitch owned or harbored by such person shall be considered a public nuisance, and it shall be lawful for any person to kill the same. And it shall be the duty of the city marshal forthwith to cause such dog or bitch to be killed, and any person who shall hinder or resist the marshal or any person under his direction, in the duties hereby imposed upon him, shall forfeit and pay upon conviction thereof a fine of not less than five dollars, or be imprisoned not exceeding thirty days. 93 SEe. 3. Whenever the city council shall deem it expedient they may by resolution direct the mayor to issue his proclamation re- quiring all persons owning or harboring any dog or bitch to confine the same from running at large for a specified time therein stated, not exceeding ninety days; and it shall be the duty, upon the pub- lication of such proclamation, of every person owning or harbor- ing any dog or bitch, to confine the 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 thereof forfeit and pay a fine not less than five nor more than twenty dollars with costs of prose- cution. And any person may kill any dog or bitch found running at large not properly muzzled, three days after the issuing of such proclamation, during the time therein limited. SEC. 4. Any dog or bitch found running at large at any time, without a collar or other distinguishing mark by which the owner may be known, shall be deemed a nuisance and subject to the pro- visions of section 2 of this ordinance for unlicensed dogs. Passed January 24, 1861. Attest: Wm. McLENAN, Recorder. H, L. STOUT, Mayor. AN ORDINANCE to 'define the City Cemetery, to protect the same and to define the duties of City Beaton. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That the lot heretofore purchased for hospital grounds of T. Davis, Esq., being on the hill, east of Couler creek, and con- taining ten acres, and the lot immediately north of the same, pur- chased of L. H. Langworthy, Esq., and containing ten acres, be, and the same are hereby set aside as a cemetery, for the burial of the dead, and shall be appropriated to that purpose, and no other forever, and the lots therein as marked, designated and numbered on the plat thereof, drawn by the city engineer, shall be and remain fixed with the streets and passages thereon marked, and may be sold and conveyed by the city council to purchasers by numbers, to be used for burial purposes only, on such terms as the city coun- cil may see fit. 94 SEc. 2. That there shall be appointed a city sexton, whose duty it shall be to preserve and keep in proper repair the enclosure of said burial grounds, so as to prevent it being entered by cattle, horses or swine, and to prevent so frasaytab is oe in r monuments, power the injury or destruction of any grave -stones, and also to prevent the placed or erected in said burying -ground, defacement of any inscription, or the erasure of the same, or any memorial thereon, in any manner. SEc. 3. That all interments of strangers, and of persons buried at public expense, shall be made in such part of said burial grounds as shall be designated and set apart for that purpose by the city council, and it shall be the duty of the city sexton, at the request of any resident of the city of Dubuque or of the marshal of said city, to dig or cause to be dug forthwith, a suitable grave of the proper depth and dimensions, for the interment of the deceased, and shall superintend the burial of the same. SEc. 4. That as a compensation for his services, the sexton shall be entitled to demand and receive the sum of two dollars for every person so interred by him, and when the interment is made at the request of the city marshal, such sum shall be paid from the city treasury, and in all the other cases by the friends or relations of the deceased, who make the application. SEC. 5. That all funds arising from the sale of lots in said burial grounds shall be applied first to pay theexpense e of eneloi moneg and laying out the sane, and to the paymentthe purchase therefor, and keeping the same in order, and afterwards to the im• proving and ornamenting the same; and on other objects connected 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 injuring the fence or gates enclosing the same, or any fence or gates enclosing any lot in the same, or by injuring or defacing any grave, vault, tombstone or any monument therein, or who shall cut or destroy any ornamental tree or shrub planted or standing therein, or shall dig any new grave or 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 hundreconviction llars to thcity ence not less of Dubuque, five nor more than one SEC. 7. That the city sexton shall be present at every interment in the city cemetery, and shall give his personal attention to such interment, unless prevented by sickness or bodily disability; io 95 which case he shall depute some fit person to perform the duties of sexton. SEC. 8. That he shall keep a record of the interments which may be made in the cemetery, showing the name and the age of the deceased, (as near as maybe), and the time and cause of death, and shall make a monthly report thereof to the city council, to be filed in the office 'of the city recorder. SEc. 9. That the city sexton shall be required to cause each grave to be dug to the depth of not less than five feet. SEC. 10. That should the city sexton neglect or fail to comply with the provisions and requirements of this ordinance, or should he demand or receive a greater amount of compensation or fees for interments than those specified in said ordinance, for every such offence, he shall, upon conviction thereof, forfeit and pay to the use of the city a sum not less than ten dollars nor more than one hun- dred dollars. SEC. 11. That lots in the city cemetery shall be sold at such prices as may be fixed by the city council, and any person wishing to purchase a lot, shall pay into the city treasury the sum designa- ted as the price of such lot, and shall receive from the city recorder a deed of such lot, on surrendering the receipt of the treasurer for the sum so paid. Interments may be made in that part of the cem- etery designated on the plat thereof as the Potter's Field, or in such other part as may be designated by the city council for the purpose, on payment into the city treasury of the sum of one dollar for each interment. No interment shall be permitted without such payment except by order of the mayor or city marshal, which may be issued upon satisfactory evidence thV the deceased has left no effects, and that no person will become responsible for the expense of; his or her burial. Snc. 12. No person or association shall establish and use as a cemetery or place of burial, any lots or grounds within the limits of the city, or shall dig or open any grave for the purpose of burying or removing any corpse at any place within. the limits of the city, (except such places as have been known and used as cem- eteries or places of burial, prior to the passage of this ordinance) without consent first obtained from the city council, under a penalty of not less than ten, or more than fifty dollars for each grave so dug or opened. Passed January 24, 1861. H. L. STOUT, Mayor. Attest: Wm. McLrxAN, Recorder. 96 AN ORDINANCE to provide for the prosecution for penalties. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That all prosecutions for penalties by provision of any ad re any ordinance of the f theshall be State lof Iowaocourt jurisdic- tion, in the name for the useof the city of Du- buque, and all moneys thereon collected shall be paid into the city, SEc. 2. That all prosecutions under the ordinances of the city, treasury. when not otherwise provided, shall be commenced by the city at- torney, the citylor y andthe son acting marshal orattorney cityattorney shall by authority of the council, befully o cute and to llect lties, and when co lect authorized toener upon the docket of theocourt fullasatisfact on and collected to e p discharge of any order or judgment rendered therefor. SEc. 3. That all trials for penalties shall be in a summary man. ner, and the person complained of shall have the right to demand a trial by jury in all cases. In all cases where a jury is demanded andthe duty of the trialbefore a the marshal or any co bethe peace, it shall table of the such justiceeto issue a venire to city, commanding him forthwith ummas e on a jur s, y for s o htrial, of six citizens of said city, qualified a jury in such case, free from objection by ei other par rty, and such h trial shall be conducted according to law, such trial is before t‘lAVtcity court, fthere be no such jurye tried before the tm 1 lar jury in attendance O`Tr 5�0;,court, , sco xrt, and ihall be summoned by a spe- cial at the time, then � �Jur y iver. v. nire as provided in the city c r1 erson shall be convicted SEc 4. . That in all cases where 1y`.P of a bre* of any t on be had, may in addition to the fied. of, the court nefim which him oV may posed on him Orly, further adjudge such person to be confined until such fine ora\ty and costs be paid, but in no case to ex- cthe eed thirty That any person who shallf county Dubuque. wilfully and maliciously of• SEC. 5. fendn of against any not otherwision ise provided, shall any ordinance, be be subject tops fine which a penalty is of not less than one dollar or more than twenty dollars for each offence. Passed January 24, 1861. H. L. STOUT, -buy°" Attest, Wm. McLENAI , Recorder. 97 AN ORDINANCE to provide for summoning Juries. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That if any person not specially exempt from such service by law, shall neglect or refuse to serve upon any jury, either for the assessment of damages occasioned by the opening, altering, widen- ing or annulling of any street, alley or highway, or in any suit or cause whatever, wherein the city of Dubuque is a party, when sum- moned by the marshal or other officer legally authorized, without rendering a valid and sufficient excuse to said marshal or other of- ficer, at the time of being so summoned, or shall fail to appear at the time and place specified, he shall upon conviction thereof before any court having jurisdiction, be subject to a fine of not less than five or more than twenty dollars with costs. SEc. 2. That any person who shall serve as a juror in any cause arising under the ordinances of the city, when summoned by order of the city council, shall receive as a compensation therefor, such sum as the city council upon a return of the time of such service by the proper officer, shall deem just and reasonable, and shall al- low for the same. Passed January 24, 1861. H. L. STOUT, Mayor Attest: Wm. McLENAN, Recorder. AY ORDINANCE to provide for the making of Deeds and Releases by the city of Dubuque. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That whenever it shall be the duty of the city council to make and execute any deed or release for the conveyance of any real estate belonging to said city, such deed or release shall be made inthe name of the city of Dubuque as party of the first part, and shall be executed by the mayor of said city, or in his absence by the president pro tem. in his official capacity, and the recorder shall attest the same by his signature and affix thereto the corporate seal of said city, and such deed or release may thereupon be acknowledged by the mayor or president pro tem. executing the mine, which deed or release so acknowledged and executed shall 13 98 be valid and effectual to convey all rights and release all claims thereby purporting to be conveyed or released. SEC. 2. That all contracts made by any committee of the city council duly appointed and by resolution of such council duly authorized to make such contracts, shall, when signed by such com- mittee or a majority thereof, be valid against said city; Provided, That the contract be first presented to said council and by them approved. Passed January 24, 1861. W1L. MaLkNAN, Recorder. AN ORDINANCE to provide for lighting the city of Dubuque with Gas. Be itordained by the City Council of the City of Dubuque: SEC. 1. That BENAJAH BARKER and HARYEY B. SPELMAN, their successors, associates and assigns, as individuals, or as a body corporate, under such name as they may hereafter adopt, be, and they are hereby authorized to use exclusively for the term of twenty four years from the date of this ordinance, the streets, lanes, that alleys and public grounds, of said city, including any territory after may be added to the. same,for the purpose of laying down in said streets, lanes, alleys and public grounds, pipes for conveying gas, for supplying said city and the inhabitants thereof with gas light ; Provided, That, said Barker and. Spelman, their associates, successors and assigns, shall give the street commissioner of said city of any s day's e pforthe theaforesaid, and hallet, lane, alley or not unnecessar• public ground, fort purposes ily obstruct the passage of said streets, &c., and shall within a reasonable time repair such streets, &c., as they may have opened, to the acceptance of the street commissioner or other proper officer, e upon the ex SEc, 2. That the privileges hereingranted theirrassociates, succes• press condition that said Barker and. Sp toes- sors and assigns, shall by the first day of April, A. D. 1855, mence within said city,. and complete by the first day of December, A. D. 1855, works and apparatus for the manufacture of gas, nt coal or any other materials of which gas is now or may hereafter 99 be made, and shall lay down at least one mile 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 rates not exceeding the average prices at which gas is furnished in other cities, adding difference in cost of material 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) per thousand cubic feet. All lamps, meters, and fittings to be furnished at the expense of the city for public lamps; Provided, That if said city council shall at any period prior to April 1st, 1855, give said Barker and Spelman, their associates, successors, or assigns, 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 the streets of said city, not exceeding one mile and a half from said gas works, then, and in that case, said Barker and Spelman, their associates, successors or assigns, shall within sixty days after the receipt of said guarantee commence and within twelve months thereafter com- plete said gas works and lay down said one mile of leading pipe; Provided, That any temporary failure on the part of said Barker and Spelman to perform any of the conditions of this ordinance, when such failure is occasioned by accidents or untoward events, shall not work a forfeiture of the privileges hereby conferred, in case the same shall be repaired within a reasonable time. SEc. 3. That said Barker and Spelman, their successors, asso- ciates, or assigns, shall file with the city recorder, a notice of their acceptance of this ordinance within ninety days from and after its passage. Passed September 13th, 1853. JESSE P. FARLEY, Mayor. Attest: Wm. H. ROBBINS, Recorder. AN ORDINANCE to prevent the erection of wooden buildings in the block bounded by Second and Third streets, and Main and Locust streets. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That it shall be unlawful for any person or persons to erect .on the block bounded by Second and Third streets, and Main 100 and Locust streets, in the city of Dubuque, any building, or to erect any addition wexcept the aalls thereof shall be composed ehigh, entirely of brick or stone and oututer mortar. SEc. 2. That any person or persons who shall be found to have violated the provisions of this ordinance by erecting any building herein inhibited, shall be notified and directed by the city marshal by notice in writing to remove the same within one week from the date of such notice, and upon failure to remove such building within one week in pursuance of such notice, such person or per- sons shall pay a fine of twenty dollars, and a like fine of twenty dollars for each day's delay thereafter. SEc. 3. That if any building erected in violation of the provis- ions of this ordinance shall not be removed within three weeks from the day of service of the notice of the city marshal as afore- said, then the city marshal shall report the same to the city coun- cil, who may at their discretion, direct the immediate removal of such building. SEc. 4. That any person or persons who shall have subsequent- ly become by purchase or otherwise the owner or owners of any building erected in violation of the provisions of this ordinance, may be notified to remove the same by notice like to that hereinbe- fore authorized to be given to those erecting such building and upon failure to remove the same shall be liable to like penalties, and the building may in like manner be removed by order of the city council. Passed March 10th, 1856. P. QUIGLEY,- Mayor pro tem. Attest: P. W. CRA.wFORD, Recorder. AN ORDINANCE 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 Point road, so called, as lies between Orange and Jackson streets, in the city of Dubuque, be and is hereby vacated. Passed June 9th, 1856. DAVID S. WILSON, Mayor, Attest: P. W. CRAWFORD',Reorder. 101 AN ORDINANCE to adopt and establish the seal of the City Court of the City of Dubuque. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That the seal of the City Court of said city, procured and prepared by the clerk of said court, upon which is engraved the words " Dubuque City Court, Iowa," is adopted and is hereby es- tablished as the seal of said court. SEc. 2. This ordinance shall take effect from and after its pub- lication in the Express & Herald. Passed May 2, 1859. JOHN HODGDON, Mayor. Attest: A. D'MOWBRAY, Recorder. AS ORDINANCE to provide forpaying the expenses of the City Court. Be it ordained by the City Council of the City of Dubuque : SEc. 1. That all fees, fines, and forfeitures received in the city court shall be paid into the city treasury by the clerk of said court, as often as once in each month. SEc. 2. That the city treasurer shall keep an account of all moneys paid into the treasury by the clerk from the receipts of said court, and shall retain the same in a separate fund, to be known as the' City Court Fund," from which payments shall be made only on orders drawn on said fund by order of the city council. SEC. 3. That at the first regular meeting of the council in each month, the clerk of the city court shall render an account of the receipts and expenses of said court, with a statement of the amount due for such expenses, to whom due, and for what purpose, and if the same shall be ordered paid by the council, orders shall be drawn upon the treasurer, payable from the " city court fund ;" Provided, That at no time shall the aggregate amount of orders drawn upon said fund, remaining unpaid, exceed the amount of money actually contained in the fund, Passed July 7, 1859. JOHN HODGDON, Mayor. Attest: A. D'MowBRAY, Recorder. T 102 AN ORDINANCE to enforce the observance of the Sabbath. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That any person who shall offend against the first sec- tion of an act of the State of Iowa, entitled " anAct shall be the abject to observ- ante of the Sabbath, passed January19, 1855, a fine of not less than five dollars for each offence. SEc. 2. That any person or persons who shall permit in me of billor'lupon any premises occupied by him, her or them, any g ards, ten -pins, cards, dice, bagatelle, or other game of skill or chance, on the Sabbath, and any perso�lars for each offencewho shall articiate therein hall he subject to a fine of not less than five dol SEc. 3. That no license xh � aonnder any ordinanceor other public amusement on f the city shall authorize any show, the Sabbath, and any person who shall either as proprietor, keeper or agent, be engaged in any such show or exhibition, rswho o shall take part in any such amusement on that day, shall to a fine of not less than five dollars for each offence. • Passed February 7, 1861. H. L. STOUT, Mayor. Attest : WM. McLENAN, Recorder. AN ORDINANCE to change the name of Julien Avenue to that of Lorimier Avenue. Be it ordained by the City Council of the City of Dubuque: SEc. 1. That a certain street in said city which commences at Bluff street, running west to the city limits, now and heretofore known and designated as Julien Avenue, shall hereafter be known and designated as Lorimier Avenue, and its name shall be and is Changed accordingly. SEc. 2'All ordinances and parts of ordinances, resolutions, ' passed and conflicting with the provisions of this ordi� heretofore nance are hereby repealed. Passed May 3, 1858. H. S. HETHERINGTON, Mayor' Attest: JOHN W. MA.xx, Recorder. 103 AN ORDINANCE to provide for the appointment of a Grain Inspector. .Be it ordained by the City Council of the City of Dubuque: SEc. 1. That the city council may whenever they shall deem it expedient, appoint a suitable person as grain inspector for the city, who shall hold his office during the pleasure of the council. SEc. 2. It shall be the duty of said inspector to examine any lot or lots of grain when requested so to do by the owner thereof or his agent, and to give to such owner or agent a certificate show- ing the quality of such grain in conformity with approved stand- ards of inspection. SEc. 3. The inspector shall receive for his services the sum of ten cents for each car load or separate lot or parcel of grain in- spected by him, to be paid by the owner of such grain or his agent. SEc. 4. Nothing contained in this ordinance shall subject the city of Dubuque to any expense, loss,or liability in consequence of any act of any person who may be appointed to the office of grain inspector. Passed February 22, 1861. H. L. STOUT, Mayor. Attest: WM. MCLENAN, Recorder. AN ORDINANCE regulating the sale of Poisonous Articles. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That no person shall vend, give or deliver within this city any deadly poison, knowing the same to be such, without marking the same inlegible characters, "Poison," under a penalty of fifty dollars for each offence. SEc. 2. It shall be the duty of every person keeping for sale any article known as a deadly poison within this city, to provide and keep a book in which he shall 'register the date, name of person to whom delivered, kind and quantity of such article, sold, given or delivered by him in all cases, excepting it be to or upon the written prescription of a physician. And in case a person unknown to the vendor makes application for any such article, he shall before de- 104 riting a g the sam, pruire the known to the vendor, to the effecaser to procure in vt that he statement of someperson is acquainted with the ed for proper and jnt ustifiable useselieves aonly. article said ap- plied for is designed book shall be liable to examination and inspection by any police officer of the city. Any person violating the provisions of this section shall forfeit and pay a penalty of fifty dollars for each offence. Passed November 30, 1857. Mayor, pro tem. M. MCNAMARA, y , Attest: P. W. CRAWFORD, Recorder. ERRATA. Page 32—In Sec. 1, line 13, insert after drawn " and by." Page 42-4-Sec. 1, line 5, insert after street, " continued in the di• rection of said stree Page 45—Sec. 1, line 12, for "jury" read "jurors." Page 48—Sec. 2, line 10, " said" should precede time in linen Page 49—Sec. 3, line 2, insert after street " or portion of a street." Page 64—Sec. 7, line 4, insert after alley " unless duly authorized by a license to keep such table or alley." Page 74—Sec. 14, line 5, insert after property "therein." Page 78—Sec. 10, line 15, insert after been "made." Page 80—Sec. 4, should be Sec. 16. CORPORATION TAXES. AN ACT concerning taxes levied by Municipal Authorities. WHEREAS, by the the charters and other acts granting to muni- cipal corporations, the right to levy and collect taxes on real estate, the mode of said collection, the rate of interest, and the effect of the collector's deed, are various, unequal, and in some cases unjust ; and whereas it is desirable to remedy such defects, and establish a uniform principle on the subject, therefore SECTION 1. Be it enacted by the General Assembly of the State of Iowa: That from and after the publication of this law, in all cases of the sale of real estate made by virtue of the laws and or- dinances of any municipal corporation in this State, the purchaser shall receive a deed which shall have the same effect as the county treasurer's deeds under sales made by him, as provided in the Code, and that the mode there provided for the purpose of making sales effective, and foreclosing the redemption, shall be pursued by the holder of said corporation deed; and that no greater rate of inter- est than twenty-five per cent. per annum shall hereafter be charged on any such deed or sale. SEC. 2. This act shall take effect and be in force from the date of its publication. Approved March 22, 1858. MS ACT for the incorporation of cities and towns. SEc. 109. The charter or act of incorporation of any city or town in this State may be amended in manner following, to wit : When one-fourth [of the] qualified voters of said city or town as 14 106 shown by the vote at the charter election immediately previous, petition the legislative body of said city ortoo n for the amendment Ive body of the charter or act of incorporation, h g shall immediately propose sections amendatory of said charter or act of incorporation as petitioned for, and submit them to the qual- ified voters of said city or town at the first ensuing charter election ; at least ten days before said election the mayor or chief officer of said city or town shall issue his proclamation setting forth the na- ture and character of such amendment, and the said proclamation shall be immediately published in some newspaper published in said town and be posted up in some conspicuous place in the office of said mayor or chief officer, or if there is no such paper, thenby posting copies of said proclamation in five conspicuous places in said city or town ; one of which shall be the door of the office of said mayor or chief officer. On the day specified the said amend. went shall be submitted to the qualified voters of the corporation for adoption or rejection, and the form of the ballot shall be " for the amendment" or " against the amendment." SEC. 110. If the majority of the votes cast is in favor of said amendment, the mayor or chief officer shall forthwith issue his proclamation accordingly; and the said amendment shall thereafter constitute a part of said charter and be operative on the people. Sic. 111. The legislative body of said city or town may submit any amendment to the vote of the people as aforesaid at any special election; Provided, one half the voters, determined as aforesaid petition for that purpose, and the proceeding shall be the same as at the general election. Approved March 23, 1858. RESOLUTION. RESOLVED, That the revised ordinances passed this twenty-fourth day of January, A. D. 1861, shall be published in pamphlet form, in accordance with Sec. 8 of the City Charter, together with such or- dinances now in force as may be designated by the council, for the purpose. Adopted January 24th, 1861. CERTIFICATE. CITY OF DUBUQUE, RECORDERS OFFICE, t March 1st, 1861. f I hereby certify that the ordinances and resolution herein con- aiued are correct copies from the records in my office. WM. MCLENAN, Recorder of the City of Dubuque. TITLES OF ORDINANCES. PAGE. _ ___ 37 Attorney, City —to define the duties of ----- Assessor, City —to provide for the election of 34 64 5 Auctions —to tax and regulate---------------------- Auditor, City —to define the duties off_____________________--- 30 Bonds, official —to regulate------------------'--'-"" Bridges, Harbor Improvement —to provide for the protection of 57 97 Buildings, woodento prevent the erection of Cemetery, City —to define and protect 93 93 Council, City —to provide for the meeting of 126 Court, City —to provide for paying the expenses of 1 Deeds —to provide for making 992 Dogs—to license, tax and regulate 192 Eagle Point Road —to vacate a portion of 0 Elections —to regulate 24 Engineer, City —to provide for the appointment and define the duties of 64 Ferry, Dubuque and Dunleith—for the regulation of 69 Ferries —to regulate Fire Department —to establish and regulate 69 7 Fires —to prevent 94 Gaming —to restrain 90 Gas —to provide for lighting the city with Grades —to regulate the manner of fixing 1433 Grain Inspector —to provide for the appointment of 89 Health —to secure 99 Hogs —to prevent, from running at large Juries —to provide for summoning 1901 Julien Avenue —to change name of 40 Landing, Public —in relation to the -- 60 Licenses —regulating sl Lots —to require the filling up and raising of Markets —to establish hay, wood, and grain 61 60 to establish and regulate 50 Marshal, City —to define the powers and duties of____________ 38 Nuisances —to prevent Officers —to provide for the qualification and payment of____________ _______ ____ _ 66 Omnibuses—tolicense and regulate the charges off__________ peace, public —for the protection of the ---' 85 _103 Pece__to P Penalties —to provide for prosecution for---------------------------- _____ Poisonous provide for the aestablishment of__________________ ____________ '-" - P Recorder —to define the duties of___________________________________________ 881 109 PAGE. Sabbath —to enforce the observance of the 102 Seal, City —to establish the 25 Seal, City Court —to adopt and establish 101 Scales, public —regulating the use of 62 Sexton, City —to define the duties of 98 Sidewalks —regulating the paving of 49 50 50 47 44 36 57 75 31 82 42 38 Wharfage —to regulate 40 " In relation to Streets —in relation to " To provide for paving and macademizing " To provide for opening, altering or annulling Street Commieioner—to provide for the appointment Square, public —to establish and dedicate Taxes —to provide for the levy and collection of Treasurer, City —to define the duties of Walls, dangerous —to prevent the erection of -- Wards—to define the boundaries of Weights and Measures —to provide for regulating of CONTENTS. PAGE. Animals —cruelty to, punished 87 Dead, not to be left in the streets 88 Appeal from assessment of property for taxes 76 Assessment —general manner of 75 Special, for improvements - 48-50 " for opening streets 45 Assessor —duties of 75 Election of 34 Attorney —duties of_ 37-38 Auctioneers —license _ 63 65-66 Auditor —duties of 30-31 Awnings —manner of constructing 53 Suspending goods from 53 Ball Alleys —license 64 Billiard Tables —licence 64 Bonds, official —conditions of 27 To be filed with Recorder 28 Boundaries of Wards defined 42 Bridges —protection of 57 Buildings, public —care of 33 Removal of. - 55 Butchers —regulation of 88 Cattle, unruly —not allowed in market 59 Weighing of 62 Cellars —entrance to 52 Auctions —taxing and regulating 110 Cemetery —regulations PAGE. 94-95 65 Circus —license 32, 47, 48, 50, 77 to 80 Colleetor—duties of S0 Council, City —meetings, time and place of 36, 37, 48-26 Commissioner, street —duties of 65 Concerts —license 101 Court, City —seal of 101 Expenses of 45 Damages —assessments for, in opening streets 97 Deeds —making of 97 For cemetery lots 84-85 Disorderly conduct 85 Houses and assemblies 92 Dogs —license ____ 92 Drays --license 65 Standing in street Drunkenness —punishment for S5 265 Elections --to regulate 34, 35, 44, 45, 47 Engineer, City —appointment and duties of 70 to 72 Engineer, Chief —of Fire Department 72 Engine Houses --care of Regulations concerning Exhibitions —license of Fast driving on bridges In streets Fees —of City Marshal for seizure of hogs 0f City Court, to be paid into city treasury Of City Treasurer for making deed 0f Hay Weigher Ferry —Dubuque and Duuleith Ferries —regulation of Fines —collection of 73 65 57 87 92 101 79 62 67, 68, 69 69 96 Fires —prevention of Assistance in extinguishing 70 to 74 Fire Department —regulation of 86 66 90 91 98 51-52 43-44 35 44 48 103 87 63 62 60 89 91 52 51-53 55-56 56 57 74 Fire Works —prohibited Fire Arms —discharging of, prohibited Gaming —prohibited Gambling Houses —suppression of Gas —to provide for lighting the city with Goods —rules concerning, on sidewalks Grade of Streets —designated Furnished to citizens Established, and recorded Grading Streets —contracts for Grain Inspector —appointment and duties Gun powder —keeping and sale of Hacks --license and charges Hay —weighing of Market Health Officer —appointment and duties of Hogs —impounding of Book and Ladder Companies Horses —on sidewalks Hitching of Standing in streets With sled or sleigh, to carry bells Crossing bridges Hose Companies 72 72 a 111 Interest Tax to be paid in cash Indecent Exposure —punished Juries —summoning of 86 97 Lamps, public —protection of 56 Landing for Steamboats 40 Leases of Market Stalls 58 .Lewd Books —sale prohibited 86 lewdness —punished, 86 Licenses —Auction 63 Livery stable 63 Hack Dray 63 Pedler's 64 64 Theater, circus, concert 64 Billiard, ten -pin alley 64 Dogs 92 Fees for 64-65 Term of 64 Lorimer Avenue --named 102 Lumber —wharfage on 41 Markets —First Ward and Central 58 to 60 Hay, Wood and Grain 60-61 :ilarshal, City --duties of 32, 33, 34, 45, 46, 50, 52, 53 Mayor --To issue proclamation for election To permit obstruction of streets To fix license for exhibitions Meat —sale of Nuisances —defined, removal of, &e Oath of office Officers, City —election of To give bonds Salaries of Neglect of duty Term of office Qualifications Omnibuses —license and charges of Packing Houses —use of Pedlers--license Houses of illfame PAGE. Hospital, City 90 81 26 50 65 59-60 88 27 26 26 27 27 27 27 66-67 75 64 Penalties —prosecution for 96 Planking Sidewalks 49 Police --establishment and regulation of 83-84 Posts —hitching Lamp 53 56 103 33 26 Poisonous Articles —sale of Public Buildings —care of Publication --of proclamation for election Of ordinances 0f notice for opt ning streets 0f notice for special taxes 47, 50 Public Squares --establishment and use of 57 Qualification of officers 26 Recorder —duties of 28, 29, 44, 45, 46, 47 Redemption of lots sold for taxes 46, 48, 79 Religious Meetings —disturbance of Riot 86 Sabbath —observance of 86 Scales, public —use of 102 Seal, City. —established 63 29 45 25 PAGE, 38 Sealer of W ghts and Measures 5 5 Sewers —obstruction of 54 Seaton City54 Shade Trees —planting of - Hitching to • 51 54 4 Sidewalks—paving or 51 Depositing goods on Driving on 51 5 Openings in. 54 Snjury of 49 Width of 88 Slaughter Houses —location of 88 Small Pox --notice of 90 Soap Factories —to be kept clean 89 Steps and Stairs 4 Stove Pipes —in frame buildings 74 Stables —to be kept clean ¢4, 45, •k0, 47 Streets —Opening of 45 Charges for opening 45 Damages assessed for land taken 47 Annulling of. Paving and macadamizing 50 to 47 7 56 Obstruction of 51 Carriages standing in 5¢ Excavating in 54 Removing material from 53 Sliding on 5,1 Diverting water from 30, 37, 38, 49 Street Commissioner —duties of Suits at law 35, 43 9 4 Surveys of streets and highways ¢g, 350 5, 75 Taxes —levy of____ 48, 50, 75 Collection of 48, 50, 78 Sale of property for 48, 50, 77 When due 50, Treasurer —duties of_ - 51, 324 Trees 554 -Vagrants—punishment of 59, 85 'Vegetables —sale of Wards —boundaries of_ __________ 59, 43 48 Walls —dangerous 2 83 Watchmen —appointment of 40, 83 Wharfage —to regulate. 38, 40, 40 Weights and Measures —regulating Charges for regulating 30 39 Sealer of —appointment �,3 Wood Market 101 Wooden Buildings 01 Weigher of Grain —appointment of