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Revised Ordinances 1881CARNEGIE-S OUT PUBLIC LIBRARY (DUBUQUEy 111 11 ILI 11 3 1825 00332 6033 DUBUQUF R352 DU'I Iowa Bo ks CLASS R 352 D821r BOOK 32935 Garnegie-Staut free library DUBUQUE, IOWA 1881 IOWA BOOKS R 352 DUB Iowa Books 1881 .!IDubuque (Iowa) 1The Revised Ordinances of f' the City of Dubuque with REVISED ORDINANCES 1881 DUBUQUE J1 r"'� T H E Devised Ordinances, OF THE CITY OF ?UBUQUE, OF 1881. THE ACTS OF CONGRESS AND LAWS OF IOWA AND WISCONSIN RELATING TO TIIE CITY, INCLUDING A LIST OF OFFICERS AND RULES AND REGULA- TIONS OF TIIE CITY COUNCIL. Published by Order of the City Council. DU BUQUE : TIMES COMPANY PRINT. 1881. RESOLUTION. `' Be it .f?esolve.rt 6y the [Pity Council of the City of Dubuque . 0\41: c That the following shall constitute and be den o 'e Revised Ordinances of 1881, of the City of Dubuque, and shall be published in book form, with an index, as provided in section eight of the City Charter, and from and after such publication shall be in force, and shall he received without further proof, as presumptive evidence of such ordinances. Resolved further. That all public or general ordinances, or parts thereof, not included in said Revision, shall be repealed, so far as they conflict with the provisions thereof, but no fine, for- feiture, penalty, right, aetion, suit, debt or other liability what- soever, created, instituted, incurred or accrued by, or under the sauce, shall be released, discharged, annulled, repealed, or in any wise affected, but may be prosecuted, recovered, or enjoyed, or any suit or other proceeding be commenced or completed thereon, as fully and in the same manner in all respects as if such ordi- nances or parts thereof had remained in full force. Adopted December 6th, 1880. JOHN D. 1IIJSH, Mayor. ATTEST : MARTIN KA.NE, Recorder. THE STATE OF IOWA, CITY AND COUNTS' Ol DIUBuw- e. } SS. I, Martin Kane, Recorder of the City of Dubuque, Iowa, do hereby certify that the following ordinances contained in the hook denominated, "The Revised Ordinances of 1881 of the City of Dubuque," are correct copies from the records in my office. Witness my Band and the official seal of said city this loth day of January, A. D. 1881. MARTIN KANE, City Recorder. `SEAL.) CITY OFFICERS, 4880. MAYOR: JOHN D. BUSH. ALDERMEN: FIRST WARD, JOHN O'NEILL, THOMAS KAVANAUGH. SECOND WARD, J. J. LINEMAN, THEODORE ALTMAN. THIRD WARD, B. W. JONES, GEORGE RATH. FOURTH WARD, C. LECKIE, JOSEPH HIEROD. FIFTH WARD, LOUIS DOERFLER, GEORGE FENGLER. CITY ATTORNEY : JAMES H. SIIII;LIJS. TREASURER: I:)AGOIBERT A. GEHItIG. AUDITOR: F. G. BRAN DT. ]IECORDER iMARTIN KANE. MARSHAL : D. J. 1)T ANE. ENGINEER : M. TSCHIRGI, JR. OFFICERS IlF THL CITY GOVERNMENT OF THE CITY OF DUBUQUE, FROM ITS ORGANIZATION TO 1881. TRUSTEES. 1837 T. S Wilson, Pres't, ) T. C. Fassitt, J. 1'lumbe, Jr., Wm. Myers, Charles Miller, Timothy Fanning. PS38. C. Dutr, Pres't, �ity,} John 1e Alex. BLtterwort,E.Lph, f e. Ruert Pat'k Quigley, Pres't, S.D. Dickson, S. D. Dixon, Pres't, T P. Farley, 1839. E. Langworthy, 1 Dr. T. Mason, 184°. Charles Miller. Patrick Quigley. Loring Wheeler, Thos. C. Fassitt. E. C. Dougherty, OFFICERS OF 'FIE CITY GOVERNMENT. V. MAYOR AND ALDERMEN. Jesse P. Farley, Charles Miller, John Thompson, Jesse P. Farley, Timothy Fanning, David Slater, John Blake, Elisha Dwelle, Elisha Dwelle, Robert Rogers, 1841. CALEB II. POOTII, :MAYOR. ALDERMEN : E. Langworthy, W. W. Coriell, II. Simplot, Timothy Fanning. 1842. SAMLUEL D. DIXON, MAYOR. ALDERMEN: James Fanning, Joseph Ogilby, Joseph T. Fales, A. Cline. 1843. DAMES FANNING, MAYOR. ALDERMEN P. C. Morhiser, John II. Thedinga, F. Ii. O'Ferrall, Joseph Ogilby. 1844. F. K. O'FERR!LLL, MAYOR. ALDERMEN : John G. Shields, Timothy Fanning, Robert Rogers, John H. Thedinga. 1845. F. K. O'FEBI.ALL, 31AY of . ALDERMEN : Timothy Fanning, John H. Thedinga, John Blake, John G. Shields. Hugh Treanor, Patrick Finn, W. D. Waples, Philip Powers, John G. Shields, L. D. Randall, David. Decker, L. Molony, Caleb Ui. Booth, Michael McNamara, Morgan Curran, rlugh Treanor, Michael McNamara, V1. OFFICERS OF •1I11.: riry 1H1V1:riNMENr. '846. F. li. O'FEHRALL, AY OR. ALDERMEN : Wm. H. Robbins, M. Mobley, Amos Matthews, Lewis L. Wood. /847. P. A. LO RIMIEJI, MAYOR. ALDERMEN : Wm. H. Robbins, W. J. Gilliam, Antos Matthews, Lewis L. Wood. 1848. G E O RG E I,..N IGIIT I X G A.LE, MAYOR. ALDERMEN : Wm. H. Robbins, tr. S. Hetherington, John Gunn, Lewis L. Wood. r849. WARNER ER LEWIS, MAYUIi. ALDERMEN J. J. E. Norman, F. V. Goodrich, Thomas Hardie, John Gunn. 185o. J. II. EMERSON, MAYOR. ALDERMEN: John D. Bush, Robert Rogers, Ed. Langworthy. H. V. Gildea. 1851. P. A. LORIMIER, MAYOR. ALDERMEN: Joseph Ogilby, John D. Bush, Jesse P. Farley, Lewis L. Wood. 01; F'fl E1LO of TiW 1.'ITY i.ovERNMEwr. M. McNamara, Wm. D. Waples, VII. 1852. JESSE P. FARLEY, MAyon. ALDERMEN James Burt, Christopher Pekin, Henry L. Stout, George McHenry. 1853• JESSE P. FARLEY, MAYOR. James Burt, Thomas McCraney, lien. M. Samuels, M. McNamara, John D. Bush, James Ried, E. Langworthy, Patrick Quigley, George Connell, Patrick Quigley, M. McNamara! Morgan Curran, George Connell, ALDERMEN: Edward O'Hare, M. Mobley, Henry L. Stout, John D. Bush, } Anion Heeb, George Wilde, E. Langworthy. r854. JESSE P. .FA.RLEI , MAY oR. ALDERMEN: Christopher- Pelan, John King, M. McNamara, Fred. Weigel, Thos. McCraney, Edward O'Hare, I Anton Heeb, Fred. E. Bissell. y Matthias Ham, / 855. J()II N G. SIIIELI)S, MAYon. ALDEnMEN : Fred. Weigel, y Edward 5pottswwood, G. L. Nightingale, f John King. Ben. M. Samuels, Mathias Ham. Christopher Pelan, 1856. I)AVID S. WILSON, 'MAYOR. ALDERMEN: M. McNamara, - J. E. Norman. Morgan Curran. G. L. Nightingale. Ben. M. Samuels, N. Nadeau, Warner Lewis, Edward Spottswood, Robert Mitton, Mathias Ham, G. C. Kreichbaum. V1i1. OFFICERS OF TUSE CITY [.7oV ERNMEti'1'. /857 DAVIT) S. WILSON, MAYOR. GEO. L. NIGIIT1NG ALE, 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, Anton Heeb, Adam Jaeger 1858. HENRYS. TIETHERINGTON, MA' OR. ALDERMEN M. McNamara, Hugh Treanor. Sarnuel Virden, John 13. Lane, Hugh Treanor, Patrick Quigley, John B. Lane, George McIienry, Franklin Hinds, Geo. Ord Karriek, B. 33. Richards, N. Nadeau, Robert Mitton, Adam Jaeger, Mathias Ham. 1859. JOHN HODGDON, MAYOR. ALDERMEN: John Mehlhop, Joseph A. Chapline, Robert Mitton, A. Kaufmann. Patrick Quigley, Hugh Treanor, A. Kaufmann, Geo. L. Matthews, Mathias Ham, John King, 186o. HENRY I.. STOUT, '.4Aym it. ALDERMEN: Geo. Connell, Geo. D. Wood. Geo. L. Matthews, John B. Lane. Fred. Weigel. John King, John Bittmann, OFFICERS OF 'r1T CITY GOVERNMENT. Patrick Q+rig1ey, Hugh Treanor, Geo. L. Torbert, Hugh Treanor, Patrick Quigley, 13. Mulkern, Hugh Treanor, Patrick Quigley, M. B. Mulkern, Patrick Quigley, 1. H. Emerson, Jno. Russ, J. H. Emerson, Patrick Quigley, M. B. Mulkern, /86 /. HENRY L. STOUT, MAYOR. ALDERMEN: Jno. B. Lane, Geo. Connell, Geo. D. Wood, Juo Bittmann. IX. Geo. L. Matthews, F. Weigel, Jno. Ruegamer, 1862. J. II. TIIED.I:N (4 A, MAI-0a. ALDERMEN Geo. L. Torbert, Geo. Connell, D. S. Comings, Peter Kiene. Geo. L. Matthews, J. Christman, Jno. Ruegamer, 1863, J. H. TIIEDIN GA., IlIAYoR. ALDERMEN: Jno. Russ, D. S. Comings, H. L. Stout, Titus Schmidt. J. Christman, Geo. L. Matthews, Peter Kiene, /86 t. JOHN TLIOMPSON, Mxvo1n. ALDERMEN M. B. Mulkern, H. L. Stout, D. S. Comings, Jno. Ruegamer. Geo. L. Matthews, H. S. Hetherington, Titus Schmidt, 1865. JOTIN THOMPSON, III AYoR. ALDERMEN: L. N. Gibbs, D. S. Cumings, Henry Lernbeck, John King. H. S. Hetherington, Jno. D. Bush, Jno. Ruegamer, N. Patrick Quigley, Arthur McCann, Jno. Lucas, I,. N. Gibbs, Jno. Lucas, N. C. Ryan, 13. F. Smith, Thos. C. Fassitt, Jno. Lucas, Jas. Rowan, Thos. C. Fassitt, I lleo. W. Scott, James Rowan, John Lucas, Joseph Gehrig, John Lucas. N. C. Ryan, B. D. Lenehan, oFFICY.RS OF THE errs' (1-oYI?lt\.1ENT, 1866. JOHN THOMPSON, MAYou. ALDERMEN Benj. F. Smith, II. I,embeck, D. S. Cumings, Jno. D. Bush. H. S. Hetherington, Jno. King. A. F. Jaeger. 1867. GRAVES, MAYOR. ALDERMEN D. S. Cunnings, Iiilarius Pleins, II. S. Hetherington, -1 II, P. Ward. M. Kingman, A. F. Jaeger, M. W ening• 1868. SOL OMON TMICR , MAroR. ALDERMEN : Joseph Gehrig, Hilarins Pleins, E. G. Young, M. Kingman. 1869. Thos. P. Coates. M. Wening, A. F. Jaeger, W , J. KIN IC HT, MAYOR. ALDERMEN : B. D. Lenehan, Ernst G. Young, Hilarins Pleins, Peter Kiene. Thos. P. Coates, Fred. Weigel, A. F. Jaeger, 1870. W. J. KNIGHT, MAYOR. ALDERMEN : Joseph Gehrig, Hilarins Pleins, J. M. Robison, Fred. Weigel. Thos. P. Coates, Peter Kiene, A. F. Jaeger, +.iFFI['E1* tiF' '1'li;: t`1'i'T Got- ERN MENT. xi. N. C. Ryan, John Lucas. Joseph Gehrig, John Lucas. Jno. P. Quigley, J. C. Chapman, Jno. P. Quigley, A. A. Cooper, John Pier, A. A. Cooper, Patrick Lagen, .1. J. Linehan, 187 I. DAMES BUILT, _MAYOR. ALDERMEN: J. C. Chapman, J. M. Robison, Ililarius Pleins, Thos. P. Coates. 1872. SOLOMON TI.nBCK,e A. F. JAEGER,± ALDERMEN: John Pier, filarins Pleins, J. B. IIoward, F. M. Robinson, Patrick Lagen , John P. Quigley, Philip Pier, F. M. Robinson, A. F. Jaeger, A. Kaiser. L. W . McMaster,; A. H. Peaslee, A. Kaiser, A. F. Jaeger, P. Kiene, Jr.?T /873. A. H. PE A S LEE, Mari] R . ALDERMEN: J. J. Linehan, J.13. Howard, John Krlyer, James Beach. J. W. Parker, A. F. Jaeger, A. Kaiser, 1874. A. II. PEASLEE. MAYOR. ALDERMEN Philip Pier, John Krayer, Ilenry Iliine, J. O'Hea Cantillon, J. W. Parker. John Maclay, A. Kaiser, Geo. Fengler, /875. .JAMES C1TSLIING, MAYOR. ALDERMEN: J. J. Linehan, J. O'Hea Cantillon, John Wunderlich, John Maclay. F. T. Walker, Geo. Fengler, M. Blumenauer, *Solomon Turck. resigned. *L. W. McMaster, died September, LS7:. +A. . Jaeger, appointed to fill vacancy, September 5, 1572. %A. H. Peaslee, appointed to fill vaoancy- 4P. Iglene.Jr., appointed to fill vacancy, Septembers, 1872. John P. Quit;leY , Arthur N1cC,tlttl, J. 1 • Linehan, Arthur McCann. OFFICERS OF TIIE CITY G(1ti ERNIIENT. r876. GEORGE B. BURCH, MAYOR. ALDERMEN Philip Pier, John Wunderlich, J. t)' Ilea Cantillon, F ..1 T. Walker. M. M. Walker, M. 131nmenaner, John M. Lillig. r877, GEORGE B, BURCH, M }ort. ALDERMEN s J. J. Liv.ehau, J. O. ilea Can tMon, Peter Fay, M. M. Walker. John (J'Neilla John P. Qalgley.t Arthur McCann, J. J. Linehan, Arthur McCann, John O'Neill, Theodore Altman, ��r John D. 113ush., John M. Lillig. Louis Doerfler, r878. J. Ki IGIIT, "MAN ou,. ALDERM i L : Theodore Altman, Peter Fay, Michael iirnwn. Jolln I). Bush. Joseph =Herod, Louis Doerfier, John A+ I. Lillig, 1879, JOHN D. BUSH, MNYot. ALDERMEN J. J. Linehan, Michael Brown, B. W. Jones, Joseph Herod, tQuigley resigned April, 1878. C. Leckie, John M. Lillig- Louis Doerfler, O'Neill appointed toSill racaneY• REVISED ORDINANCES. CIIAPTER I. AN ORDINANCE establishing the City Seal. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That the seal heretofore provided and used by and for the city of Dubuque, leaving in the center the words "LA PETITE Neu" and around the edge "SEAL of 'riI]': OLTy OF DL.BLgrE, Town." is hereby established and declared to have been and now to be the seal of the City of Dubuque, CHAPTER IL AN ORDINANCE to define the Boundaries of Wards. SEC. I. Boundary of First Ward. SEC. 4. Boundary of Fourth Wards 2. Boundary of Second Ward 5. Boundary of Fifth Ward. i_ 3. Boundary of Third Ward. 13e it Ordained by the City Council of the City of Dubuque SF:CT1oN 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, 14 REC1sE1) CTl'1 ORllI N:L\S'1:�. 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 center of Main street to the point where the center line of Fifth street intersects the ICa center line ofa a1n street; thence westwardly alone the center line of Fifth street to the old corporation continuationne, thence street, (as south -west- wardly along the center line o exhibited on Potter's map of Dubnque,) until the center line of said street intersects the center line of Third street, as exhibited long the center line on the same neap; thence north-vvNthitiy b exhibited on said map, being of Third street to its terminationsex en the east boundary of Mineral lot No. 150;theeestwa dry across Mineral lots No. 159 and 160, to the south-east of Mineral lot. -io. 161; thence westwardly aloligr the south bound- ary of said. 111ineraal lot to its south-west corner; thence north - westwardly along the boundary line between Mineral lots 162 and 163 to the south boundary of the sub -division of the Gilliam lot (as exhibited on Potter's map of Dubuque); thence westwardly along the south boundary of said surf -division, to the west boundary of the city of Dubuque; iuq rle'f thence sni l socituth ttlen g i said west oundary to the south boundary along the south and east boundaries thereof to the place of be- ginning. SEa. 2. The second ward shall include all that part of the city lying south of a line commencing at the point where the ain center line of Eighth street vardl ay tersectalor>;r,the lcenter linecenter r of l)=,t�lltla street; thence north-east street to the Mississippi 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-east.wardly 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 betweein the center line of Eighth street ve1'��entlndto �t e tthe continuedllto river, and the center line of Se said river. HEVI'EI7 Crl'1 D1ZIlitiANC1:>. 15 Sno. 4. The fourth ward shall include all that part of the city lying westward of the center line of Main street, and be- tween the northern boundary of the first ward, and a line com- mencing at the point where the center line of Seventeenth inter- sects the center line of Main street; thence westwardly along, the center line of Seventeenth street to where the saute intersects the center line of Mineral street; thence along the center line of Mineral street to the west boundary of the city. SI•:e. 5. The fifth ward shall include all that part of the city lying north of the northern boundary. of the third and fourth wards as herein described. CHAPTER Ili. AN ORDINANCE to regulate Elections. SEC. 1. city Council to appoint Judges. 3. City Recorder to issue Certifi- cate of Appointment. 3. judges to fill Vacancy. 4. All Persons to take Oath. Sac. 1. All Officers to give Bonds E. Salaries es to be fixed by Council. 7. Refusal or neglect of duty pun- ished. 8. Term of Office not to exceed one year. Be it Ordriined by the City Council of the City of Dubuque: Snc m:s' 1. The City Council shall in each year, not less than ten days before the annual city election, appoint two judges and two clerks of election, in each ward, and shall provide a place in each ward at which the election shall be held, and notice of the same shrill lie published in the proclamation of the Mayor, which shall be isaned in contormity with Section 4 of the City Charter, and shall specify the officers to he elected, and time for opening and closing of the polls. The judges and clerks of election shall be allowed for their services the sum of three dollars each, to be paid from the city treasury. SEC. 2. The City Recorder shall, without delay, after such appointment, make ont and deliver to the City Marshal, a cer- tificate of appointment under the city seal, to each of the persons appointed judges and clerks. And the Marshal shall deliver such certificate to each person so appointed, within three days after their fappointnient. The. City Council may, at the time of' appointing the judges and clerks of election, appoint from the 1 ti is I., le REVISTal CITY 0 R1YSANCES, e. legal -voters of the ward, an alternate in the placel of ach of oray persons appointed judges and clerks, and serve as judges or clerk, in case of etondneglect or of usal of any of f the persons appointed as judges or be notified of their appointment as alternates in like manner as the judges and clerks. SEC. 8. If any judge or clerk of election, shall refuse to act, or shall not attend at the time ti,od t'or the opening of the polls, the vacancy shall be tilled by the alternate; rdtu be and if no alte hate the shall attend, by a legal voter of the majority of both judges and clerk in attendance. Sue. 4. All persons elected or appointed to any city office, shall take and subscribe an oath �otlln� ed in due otid xiinnstebefore aSl oath, Mayor or any otherperson before entering upon the duties office. to No person not a ay office of the qualified voter shall be elected or appointed city. SEC. 5. The Recorder, Treasurer, Auditor, Marshal, Iiarbur !Raster, and such other officers as may be required execute Yon by the City Connell, exeept the City Judge, with good and snfhclent sureties, �n such and DS as 1e a failure so onnell may direct, in the form require to do by an officer so required within fn leshvacationmthe time of his election or appointment, shall e des a ml s when approved by the office. All official bonds of city officers, Council, shall remain in the custody of the Recorder, and shall not be surrendered without the authority of asieed the ounwitMlle City vided, That the Recorders bond shall P Auditor. y the SEC. 6. The salaries of allcity officerssed oreduced hall be �lieldlehe the City Council, and. may bet the City Coun- cil, shall so determine. All officers, ekesp who shall be entitled to le`erxiersts,ve gtoal�eslnadesttisssUnln as paid the same in monthly p�a racticable after the first regular meeting of the Council in each l7 RECI:41-1) CITY U1t1IlANCRS. 17 months, a statement cf the amount due sueli officers respectively, having been first sabinitted to the Council, and approved by them. Sj c. 7. That any city officer who shall refuse or neglect without just cause to perform any duty required of him by any ordinance of the city, or by resolittion of the City Council, shall. be subject to a penalty of not less than ten nor more than one Hundred dollars, in addition to any 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 may for such cause be removed from office, as provided in Sec- tion 39 of the City Charter. SEC. 8. 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. CHAPTER IV. AN ORDINANCE to regulate Official Bonds. SEC. 1. Rond to he presented to City Sea. 2. All Official Bonds to be filed Council. with Recorder. Be it Ordained by th.e City Council of the City of Duvac.rue: SnurioN 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 may be elected or appointed, shall present to the City Council for their approval, a bond with at least two good aiid 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 per- son so elected or appointed to such office shall faithfully perform the duties of the office to which he may be elected or appointed, that lie 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 fhr all balances of (3) • is ce, money relna:ining in his hands reasonablet the 'rmination dil fence of and d•sc€ 1.eI in and that he shall exercise the preservation of all books, papers, money or other property . belonging to said city and appertaining to his office, and deliver the same to his successor or any other person authorized to de- mand and receive the same. ed ing SEC. 2. That all official bonds ulinc.lue,as la.ndlr if te accepted, eland section, shall run to the city shall be filed in the securities approved by the City Council, office of the city recorder, and by hire securely kept., and in case of the breach of any condition thereof, such thelpe'ond shall be prose- rsva s � hoe naanes crated in the mane of the city, are subscribed thereto, ortheir personal representatives, before ved Any court having jurisdiction, dthe lc..tmoneys a-,tihe r`�� r other city or secured, shall be paid 1 money : Provided, That the bond of the city recorder shall be deposited with ,ind kept by the auditor. rtEVISED CITY ORD11.1NOES. CHAPTER V. AN ORDINANCE relating to City Property. szc. 1. °IIioors to file list of City Prop- Stye. 4. No officer to deliver property' wit limit Receipt. cityc s13c. 1. Ueceipts to be made in duplk i �C, ?, To i3,r1,)�1e honks. SEC. 3. To file List as purchased. SEC. $. Not Iu o suffer property to k F' Be it Ordained by the City Coun it of the City of Dubuque: SECTION 1. That it shall be the duty a1;I�each id every property officer of this city, in possession of any 1r11 personalof belonging to the city, within lewith the city days next Ltter the a.u`.]itu , laafiaileudd this ordinance, to make and specific list or schedule, of all 1 every �v r to rticlehe t} rirarthisicles post whatevero final and description belonging -withhis signature subscribed or Tinder his control, thereto : Provided, That the list or schedule to be made by the city anditoz•, shall be filed with the city treasurer, and every officer hereafter elected or appointed, shall, on entering upon the duties of his office, file a like receipt. I1EVIsEn GI'l'Y ORDINANCES. 19 - SEC. 2. The list or schedule to be made and filed by the re- corder and treasurer, shall include, by specific name and descrip- tion, all books of record, or account, relating to the affairs of the city, and all printed books and pamphlets, and all other property belonging to the city, in possession of either of said officers, exclusive of written papers on file in the office of either of them. SEC. 3. That after said lists or schedules are made and filed, as thereby required, it shall be the duty of every city officer, as often as he shall receive into his custody by purchase on account of the city, or in any other manner, any property of the city for which he shall not have delivered a receipt to some other person lawfully holding the same of and file the city, immediately to file a receipt. therefor with the citv auditor, stating therein when, of whom, and by what authority lie obtained the stone. Sac. 4. That no officer having possession or control of any city property whatsoever, shall at any time deliver or transfer such property, or any part thereof, to any other person, unless such person is duly authorized to take and receive the salve, and shall first have executed and delivered a specific receipt there- for. SEE. 5. That all official receipts of any incoming officer to his predecessor, shall be executed in duplicate, one of which. shall be immediately filed with the city auditor, and no out- going officer shall be entitled to auy allowance of unpaid salary tor the last month of his term of office, nor shall the council make any such allowance until he shall produce the receipt of his successor in office, for all property for which such out -going officer is or may be accountable. SEC. 6. That if any officer of this city shall suffer any prop- erty thereof, in his custody or tinder his control, to be lost, or to be injured or destroyed, and unless Ile can show, to the satisfaction of the City Council, that such loss, injury or destruction, was occa- sioned by circumstances lseyoud his control, and tliaat he used due diligence and care to preserve such property, he shall be required to replace the same, and upon failure to replace and make good 20 such property within such time as the City Council may fix, the nt of value thereof shall be deducted retained amountoof his sue, di Er if the value thereof shall exceed the or to become due, he shall be liable therefor on his official bond. REvisEn CI'rY oni.)1;ti:11C1'l'. CHAPTER �rz AN ORDINANCE to define the duties of Dubuque. sac. 1 hl fiyor Chief Executive Officer. t3Fc. 5. II 6. Hee n+nhatay callve suspecialperFisloumeetingsofC. ity Officers. Be it Ordained by the City Council of the City of Dubuque : of SFc'rlox 1. The Mayor shall be tlleller inin 1 la,Ichief rst of thofficer e State, the city, and shall take care that and the ordinances of the city duly totlle City Couucillin. the city. inf'orinatio I He shall from time to givetimeand make such recommenda- tions regard to the affairs of the city, as he inay deem advisable. SEc. 2. He may call special sessions of the City Council at any time, by giving each member thereofar -ashlar ebnotien of in such meeting, sent personally by t writing left at his usual place ]�• ise residence, stating made.liisle duttilto [call place of such meeting Lind a special meeting of the Council ii'1 ,►ly l en l tl e wale shall111)011 El3awe re- quest of five members thereof ; a assembled, he shall state the cause for ,which it has been called. SEC. 3. The Mayor shall have a general supervision over all city officers, and may, as often as he shall deem necessary, exam ine into the condition of their respective off offices, t e books. papers and records therein, and the map their business, and may call upon any nertaifficer of the iliug to thecity for f'Iulctiouslut111is tion in relation to any matter 1 office. Sc.l i4. 'I`lie Mayor part of any citrt y to th e y 1pofficernell �l�which violations s1ia11 or neglect of duty on the - the Mayor of the City of IIe to report neglect of duty. He to sign all contracts. He to dill the Police force to his assistance. R7=;FIT;3p CITY ORDINANCES. 21 comae to his knowledge, and when lie believes the city will sustain loss or injury by such violation or neglect, he may convene the City Council for the -purpose of taking action in relation thereto. SEC. j. The Mayor shall, on behalf of the city, sign all con- tracts made between the city and any other party, and it shall be his special duty to see that the other contracting party faithfully complies with leis or their part of the contract. He shall sign all ordinances adopted by the City Council. SEc. F. Tie shall be a conservator of the peace within the citv,.and may call to his assistance the police force of the city, and if necessary, any citizen of the city to aid him in preventing or quelling any riot, or unlawful assembly, or in preventing any breach of the peace within the city. And any officer, or any private citizen, who shall refuse to obey the orders of the Mayor in the premises, shall be fined in a snip not less than five, nor more than one hundred dollars. CHAPTER II. AN ORDINANCE to define the duties of the Recorder of the City of Dubuque. SEC. 1. -Duty of Recorder. i<. Be to have custody of Ordinan- ces. 3. Hr to record in separate book. 4. He to keep seal of city. 5. IIe to keep register of Licenses. SF.C. 6. He to draw orders on Treasury. 7. He to keep Warrant. Book. S. He to Report to Council. 9. He to keep records and papers. 10. He to keep a list of Committees. 11. He to furnish copy of records. Be it Ordained by the City Council of the City of .Dubuque : SncrroN I. It shall be the duty of the Recorder of this city to attend at every meeting of the City Council and to furnish the Mayor with au abstract of all unfinished business. He shall keep a correct record of the proceedings of the City Council, in a book provided for that purpose, and properly index the salve; shall issue all notices of regular and special elections required to be given by law, or in pursuance of any resolution or ordi- nance of the City Council. and when required by the Mayor, or in his absence by the Mayor pro tem., shall issue to the City Marshal a notice to the members of the City Council of any '2 REVISED CrrY ORDINANCES. special meeting of the board. He shall notify all eornrnit.tees 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 Council, prepare and issue venires for opening streets and highways, for assessing damages thereon, and shall perform sticlr other duties as are required of him by law, ordinance, or resolution. SEC. ?.. He shall have the custody of all ordinances passed by the City Council, and shall record the same at. length in a separate book to be kept for that purpose, and properly index the same; and it shall be his special duty to see that all ordinan- ces are promptly and correctly published in the official papers of the city, and sue!' other papers as may be directed by the Council and procure from the publishers thereof, the proper affidavit of such publication, and file and preserve the same in his office. SEC. 3. He. shall record at length, in a separate book to be provided for that pnrpo:e, all resolutions and orders of the City Council, all reports of every officer, committee and jury in rela- tions to the laying out or altering of any street, alley, or high- way, or in relation to the grading, paving or macadamizing thereof, or in relation to the grading, paving, or curbing of any side -walk; also, all notices issued, with t.l theprinter return me npot the ofngfithe eer serving the same, and the affidavit 1 same, of the publication thereof. IIe shall also, in the same book, and in like manner, record all proceedings had in relation to filling up or draining of any grounds or lot in the city, by order of the Council. SEC. 4. He shall keep the seal of the city, and shall duly attest thereby all deeds, contracts l�rd of deeds ar�rlher ers c.ontrqact Brto and be attested. He shall keep shall enter therein correct copies of all deeds and contracts exe- cuted try, or in favor of the city, except deeds for cemetery lots, of which lie shall enter in a separate book, the date, name of purchaser, number of lot and amount paid for the same; and shall properly index both of said books. REVISED CITY ORDINANCES. `?3 SEC. 5. He shall keep a register of all licenses and permits granted by the city, noting the time when. issued, the business or purposes for which issued, the person to whom issued, and the date of expiration of the same. He shall also number, file, and preserve in his office, all petitions presented to the City Council, and keep a correct list thereof, with the proper number set opposite each. SEC. 6. He shall draw orders on the treasury for all money ordered paid therefrom by the City Council, and shall specify the fund out of which the same is to be paid, and shall enter the same in numerical order in a book to be kept fbr that purpose, but he shall not draw several orders for smaller amounts to can- cel any order for a tar ger amount. He shall also keep a. record for all orders drawn by hire on the treasury and specify the number, date, amount, drawer's name, upon what fund, and the purpose for which the same was appropriated. SEC. 7. .He shall also keep a book designated as a warrant book, bound with a marginal back, on which margin he shall keep a record of the nurnber, date, amount, drawer's narrie, upon what fund, of all warrants lie may issue by order of the City Council, and before delivering any warrant shall respire the drawer to receipt for the same, and in all cases where warrants are disposed of before. being issued, he shall, before delivering such warrant, require a written order for such warrant, signed by the drawer, which order shall be attached to the marginal back. Snc. 8. He shall report to the City Council at every regular session, a correct aceoutt of all receipts for money paid into the city treasury by any city officer or other person which may have been filed in his office, and of all orders drawn by hirer on the treasury, specifying the date, amount, drawer's name, and upon what fund drawn, which report, when examined by the Council, shall be filet] with the Auditor. SEC. 9. He shall keep all records, papers and official docu- ents belonging to said city, with the ordinances, votes and 24- REVISED CITY oRIHN iNCES. proceedings of the City Council and of the City of Dnl.iug,le, 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 cagy of all ordinances adopted, and shall deliver them immediately to the city printer for publication, and shall not allow any palters or documents to be taken from his office without the consent of the Council or by their direction. SEC. 10. He shall keep a list of all committees and of the business referred to them, and note when they report, and the nature of such report. He shall procure all necessary books and stationery for the use of the City Council and city officers. SEC. 11. He shall furnish to any city officer a duly certified copy of any record, paper, or pnblia document made or filed in his office, when the same shall be necessary, to saki officer in the discharge of his official duty; and he shall furnish alike copy to any citizen -when required, and he will be entitled to receive, to be paid by said citizen, the surd of fifteen cents for every one hundred words said copy shall contain. CIIAPTEll VIII. AN ORDINANCE to define the powers and duties of the City Marshal. SEC. G. He to pay to treasury monthly. Sc.i1. Dutyea eaMt persons. i. He to keep correct account. Z, He to arrest charge e 8. 'He to settle in March every year. 4. He to have o intgDeputies,f HRll 9. IIe to attend City Court. 5. e may execute 10, He to notify City Attorney. 5. He to execute all process. 11. Neglect of duty punished. Be it Ordained by the City Comacil 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 city ordinances, and all neglects to comply with the require- ments thereof, by any person or persons, and to prosecute the person or persons guilty thereof. REVISED CITY ORDINANCES. Second —To ascertain all suspicious or disorderly houses, or houses of ill -fame in the city, and all persons carrying on any business in said city without license, in all cases where license is necessary, and to 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 o#'suspicious character, or who shall be found in the commission of any violation of any law of the State or ordinance 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 tolaw. Fourth —To report and cause to be abated, or removed with- out the city, any nuisance found therein, or which may be re- ported to him by the proper officers or by any citizen. To exe- cute and enforce the orders of the health officer in relation to Nuisances and the removal of persons infected with contagious diseases. Fifth —To perform such other duties as may be prescribed by resolution or ordinance. SEC. 2. That the marshal in the execution of his powers and duties in arresting any person accused or suspected of crime, or in the arresting of any person under a warrant, or in the sup- pression 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 require the aid of any citizen of the city, and any citi- zen who shall refuse or neglect to obey the slllnreions of the marshal in this section mentioned, shall be subject to a penalty of not less than five dollars with costs, to be recovered on com- plaint 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 Ball, 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 (4) 26 REVISED CITY ORDINANCES. may be needed, to see that all fires and lights are extinguished in and about the same on the night of each day on widell 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 severally used, and shall attend all the sessions of the City Council. —He shall also have the charge of all other build- ings belonging to 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. But no person once rejected, shall be again proposed for the same position for that year. SEC. 5. The City Marshal shall execute all process or orders issued to him by the Mayor, City Council, or other officer having authority to issue the same, and make return thereof according to law. SEC. 6. ]Ie shall pay monthly to the city treasury all moneys which he may have collected under any ordinances of the city, or upon final process for fines and penalties imposed by any court in behalf of the city, and take from the Treasurer dupli- cate receipts for the salve, one of which he shall immediately file with the Auditor. Sic. 7. He shall keep a correct account, in a book provided for that purpose, of all moneys which may come into his hands, from whatever source as said Marsha ,, stasubmitti ng from asuch bond whom c on what account the same was paid; he when required, to the inspection of the Mayor or fait} Council, or any committee thereof, for their examination. Sco. S. ITe shall, on the last Saturday in March of each year, make a final settlement with the City Treasurer, in the presence of the Mayor, when lie shall make a written statement on oath, showing a full account of his receipts and disburseinents which, shall be presented to the City Council for their approval. REVISED CITY ORDINANCES. :47 Sir. 9. He shall attend all sessions of the city court when in operation, preserve order therein, and execute the process and orders of the same. IIe shall keep safely all property found in the possession of any one arrested for crime, and deliver over t]ie sane by order of the court by wlroiu such person may be tried. SEC. 10. He shall notify the City Attorney of all prosecu- tions brought for violations of any city ordinance wherein his services may be required, before the same is submitted fin. trial; shall attend all meetings of the City Council, and do the duties of sergeant -at -arras when required. SEC. it If the City Marshal neglect or refuse to serve any pro- ee3s or notice duly issued to hills by any authorized officer of the city, or neglect any of the duties of his said office, or shall dis- charge the same in a partial or improper manner, or shall make a false return, he shall forfeit and pay to the city, a fine of not less than ten, nor more than one hundred dollars in each case. CHAPTER IX. AN ORDINANCE to define the duties of the Treasurer of the City of Dubuque. SEC. 1, To collect and safely keep all CEC. 3. To bo collector of city. money.4. To torsi over books at end of :. To pay money on orders. term. Be it Ordained by the City Council of the City of Dubuque: SECTION 1, That the Treasurer of the City shall collect, re- ceive anal safely keep all honeys due or to be paid to the city, and for every shin So received by slim, he shall execute and deliver to the person from whom such sum shall be received, duplicate receipts, and shall at the salve time inform such person that said receipts will not be valid or binding on the city until one of them shall be left with, and the other countersigned by the City Auditor, which statement shall be also printed or writ- ten on the face of such receipt., and no receipts, issued by said Treasurer, shall be of any binding force or effect whatever against the city until the salve shall have been so countersigned. IIe REVISED CITY ORDINANCES. 28 shall keep true and correct accounts with each fund, of all re- ceipts into and disbursements from the city treasury, and shall at the close of each month, prepare and file with the City Audi- tor, a statement of the same fbr the month th next preceding, and of the amount of money then in the treasury. He shall keep a record of all orders paid by hive, or received in payment of any dues to the city, stating the lumber and amount of the same, to whom payable, on what fiend drawn, when presented, and shall return all such orders to the Auditor to be cancelled, at the time of making his monthly statement as aforesaid. And shall, whenever required by the Finance Ccoumitte of the City Council, submit to the inspection of said committee all looks, papers and money and other property of the city in his possession or under his control. SEC. ?.. The Treasurer shall pay money from the city treasury, only upon orders drawn upon him by the City Recorder, which orders shall be signed by the Mayor, or in his absence by the president 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 disburseinents, and if on presen- tation for payment of any order so drawn there be no money in the treasury belonging ote 1ld ouf endot rsejonreh suchidrrde order the is made payable, he shall,ifrelnired, date of presentation, and keep a record of the same. SEC. 3. The Treasurer shall be ex-o$icio the collector of the city, and shall perform all the duties required by law or ordi- nance, to be performed by the city collector. SEC'. 4. At the expiration of his terns of office, the City Treasurer shall turn over to his successor in office, all books, papers and moneys in his possessi�nclslshs �ll snake a full and final reasurer and Collector, taking a receipt for the same, report of his doings to the City Council previous to ids surren- dering his trust. REVISED CITY ORDIN.A CE5. ')':I CHAPTER X. AN ORDINANCE to define the duties of the City Auditor. SEC. 1. To be general accountant. 2. To countersign all warrants. 3. To keep separate accounts. SEC. 4. To adjust all accounts. 3. To sco that officers report. 6. To attend olnce. Be it Ordained by the City Council of the City of Dubuque : SEc'rioti 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 accounts and contracts of the city, its revenue, debt, and fiscal affhirs, 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 alidadjust all claims against the city, for the payment of which any money may be drawls out of the treasury, and to certify to the City Council the balance or tree 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, persons, 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 tI•easurv, : peelfviIlg the date. number and amount, the name of the person to wliomn, 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, tak- ing receipts therefor, and charging the salve, when delivered, to the proper accounts. Fifth --To keep an iccoulit of all debts due to or from the city, 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 the person or persons by or to whom, the time when, aid the 30 REVISED CITY ORDINANCES, place where, the principal and interest are payable, with the rate of interest. Sixth —To keep in proper looks, the accounts between the city and the City Treasurer, charging him with all moneys received into the treasury, specifying the source from which said moneys leave been received, and crediting him. with all warrants drawn on the treasury and paid by hint. Src. 3. The Auditor shall keep separate accounts with the different. finds in the treasury, and of any revenue -which may be set apart and appropriated for any particular object by law, or& nanc.e or resolution of the City Council. Si:c. 4. Whenever, upon the adjustment of any account, a sum of money shall be fouled by the Auditor to be due to the city from any city- officer, and the same shall not be paid into the city treasury within ten days after the adjustment of the ac- count, the Auditor shall certify the amount clue, to the City Council at its next meeting thereafter. Tie shall, when required, furnish the ('ity Council with copies or abstracts of any boa.s, accounts, records, vouchers, or documents in his office, or any information in relation to anything pertaining to his o.di;c.e, or to the revenue of the city, and shall at all times permit any mem- ber of the Council to examine the books, -papers, or documents in his office. SEC. 5. The Auditor shall see that all officers having the col- lection or receipt of money for the city, shall make report and payment of the Name, at the time required by ordinance, or when not so required, within a reasonable time, and on failure of any officer to awake such report and payment, the Auditor shall notify the Council at their next regular Meeting thereafter. He s1iad1 make and. present to the City Council semi-annual re- ports, in proper femur for publication, of all receipts and expen- ditures of money belonging to the city for the six months pre- ceding the date of such reports, ending wit11 the month of February and August in each year. REVISED CITY ORDINANCES. 31 SEc. f1. Ile shall be in attendance at his office for business, from the hour of 9 A. N., to 13 >t., and from ?. to 4 r. x., of each secular day, legal holidays excepted. CIIA.PTEB XI. AN ORDINANCE to define the duties of City Attorney. Sep. 1. Duties of Ctty Attorney. SEC. 2. Must be licensed to practice law. Be it Ordained by the City Council of the City of Dubuque SrcTloN 1. That it shall be the duty of the City Attorney : First --To prosecute and defend all snits and actions to he 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 inter- ests of the city are brought into 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, ainl 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 snits in which the city is a party, commenced or pending, stating the names of parties, wheii brought, and in wheat court., nature of action, navies of witnesses, what steps have been taken, and what are necessary to be taken, before the trial or next tei'ni of the Court, and all other facts and particu- lars which may be necessary to enable his successor to manage the case understandingly, which book or docket shall be the property- of the city, and at the expiration of his term of office shall be delivered to his successor, 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 o ieial Capacity. Fourth—Iie shall perform all other services in the line of his profesbion, connected with the Lbusiness of the city, not herein 32 enumerated, and shall in all cases be sub}ect to the direction of the City Council. Fifth. lie shall report to the City Council at the first regu- lar meeting in _March in each year, an abstract of all since skis n which he bas been engaged in behalf of the city, election or appointment, with the result or condition of the same. SEG. 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. REVISED CITY ORDI?'NANCES. CHAPTER XII. AN ORDINANCE to provide for the appointment of a City Engineer for the City of Dubuque, and to define his duties, sue. 4. To make suitable plats. b. To fix grades. 6. To have charge or plate. s c. 1. City Council may appoint. 2.. fluty of )+angiacer. 3. To survey and plat streets. Be it Ordained by the City Council of the City of Dubuque: SECTioN 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 the duties of his office, shall take the oath prescribed by law, and give bond, and who shall hold his office for the term of one year, and -until his sI-ecessor shall be duly appointed and qualified: Provided, That such term. of office shall not continue after the -annual city election in any year, and such office .may be discon- tinued at any time, by vote of the City Council. Sic. 2. That it shall be the duty of the City Engineer, at any tune when required by the City Council, to survey and plat, and make as accurate an estimate as practicable, of any improve- ment hi the streets, alleys and highways, of said city, contem- plated or proposed by said Council, and in .raking such survey. the said Engineer shall designate by suitable marks and stakeS1 .01 REVISED CITY ORDINANCES. 33 placed in the ground, the situation and character of such im- provement, as surveyed and estimated by bini, so that the salve may be examined by any person desiring to contract for doing the same. Si. 3. That whenever required by the City Council, the city engineer shall survey and plat any street, or highway, con- templated to be opened in said city, and shall return the same to the City Council, accompanied by such notes and explanations as shall present a Blear description of the route•of such contempla- ted 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 ascertain and designate upon suitable plats thereof, to be by hire prepared, the grade of ea.cli street or alley, hereafter opened in said city, and shall also designate the same by some suitable host. or 1r.ark, fixed at each crossing, or on some permanent nonnnrent near thereto, and shall report the salve to the City Council for their consideration, and hi case the council shall snake any change in the grade of any street or alley, the engineer shall designate such clean rc iipolr the monument by hint placed or designated, as aforesaid. Snc. 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 salve 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 number 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 hint. SEC. 6. That it shall be the duty of such engineer to take t'barge of all the books, plats and surveys of streets, alleys and (5) stre SW. 4. Duo be peac p fficer. ets in order. 5. 34 REVISED CITY ORDINANCE'S. grades belonging 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. CHAPTER XIII. AN ORDINANCE to provide for the appointment of a Street Commis- sioner, and to define his duties. SEC. 1. City shall appoint• 2. To take charge of streets. 3. To report plans and estimates. Be it Ordained by the City Council of the City of Dubuque : SEc ]'ION 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 leis office for the e>ftna f one °' and until �'� vided, his successor shall be duly appointedqualified ; That such term of office shrill not continue after the annual .city election in any year, and such office may be discontinued at any time by a vote of the City: Council.. SEC. 2. That it shall be the dnty of the street commissioner to take charge of all thelwork beingdn ets, eys done thereon, therennd �.whether athe under and to superintend contract or otherwise. Ile 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 rt of the council is necessary in relation 1 e thereto, onsi considers oishall ers �Fithoaii with a suggestion of wlr�r estimate of the expense necessary to be incurred in carrying out the satire. SEC. 3. That. whenever required by the City Council he shall, in connection with the city engineer, carefully examine and re- port to the City Council, a plan and estimate. as nearly accurate as practicable, of any contemplated improvement or alteration, REVISED CITY ORDINANCES. 33 in any street, alley or highway, in said city ; and whenever any such improvement 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 be in progress, and no work done under any contract slrall be finally paid for, or the contractor released, until the same shall be reported complete by the street commissioner. Sic. 4. That it shall also be the duty of the street curnmis- sione.r 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 f'rorn filth and all nuisances. the streets and highways of the city. SEC. 5. Tlie street commissioner shall be a peace officer in and for the city, and shall have power to arrest with or without warrant, any person wlrorn he shall find engaged in the violation of any ordinance of the city. CHAPTER XIV. AN ORDINANCE to provide for the election of City Assessor : Be it Ordained by the City Council of tke City of Dubuque: Srx:Trox 1. That there Shall be elected at the anneal 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, and -when so qualified, shall immediately enter upon the duties of his office as provided by ordinance. 36 REVISED CITY ORDEN:Lti❑f:S. 0LIAFTER XV. AN ORDINANCE in relation to the Public Landing and to regulate Wharfage. SEC. I. Harbor Duster. Duty of Harbor Master. 3. Steambosst. lauding. 4. Private wharfloets on levee prohibited. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That the City Council may, whenever they shall deers it expedient, appoint a .harbor Master, who shall remain in office during the pleasure of the Council, but not to exceed one year, unless re -appointed. Ile shall have power to act as a police officer, and to arrest without warrant, any person „hulas he shall -find violating 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. ia. That it shall be the duty of the Harbor Master to collect froiu fill 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 saute to be removed to the places assigned; Provided, That no boat or raft shall be compelled to leave any place while dis- charging or receiving freight, unless a landing at such place shall be prohibited by ordinance, or another landing shall have been previously designated by the Harbor piaster. SEC. 3. That the portion of the public landing sotitlt of First street is hereby exclusively appropriated as a steamboat lai;cling, ;and no raft or boat, excepting steamboats and barges, shall land thereat ; Provided, That the Harbor Master may allow other boats and rafts to land freight at any point whereby the conveni- ence of the owners will be promoted, if the landing of steam- boats and their barges will not, in his opinion, be interfered with in any manner by such landing. SEC. 6. Nha Fug wharfage Wood. boats. Pcilatty. S. Resisting officer punished. REVISED CITY ORDINANCES. 37 Sr:c. 4. No steamboat company or person or persons shall, without permission of the City Council, place or station daring the season of navigation any private wharf boat, dock or landing in front of the paved wharves or landings owned by the city. And any person or persons who shall violate this section shall be subject to a fine of ten dollars and costs for each day they shall so violate it, to be collected in any court having jurisdiction in the matter. And after notice of twenty-four hours to remove said wharf, dock or landing, if the same shall not be so reproved, it shall be the duty of the Wharf .Master to remove the same away from the front of the paved wharf and Iranding belonging to the city. SEC. 5, No wharfage shall be collected of any boat or barge from which shall be landed any article subject to wharfage by the preceding section, except as therein specified : Provided, That any boat or barge landing any other freight, shall be sub- ject to the customary rate of wharfage. SEC. 6. 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 tiiue than three days without consent of the Harbor Master, and any wood which shall remain upon the public Ianding for a longer time t.ltan three days after the Harl,or Master shall have given notice to the owner or person having charge of such wood to remove the satire, shall be subject to wharfage at the rate herein provided for, each three days that the same shall so re- main. Sr:c. T. If any person, commanding any steamboat, water aft, or raft, or having in charge any lumber or wood, liable to pay' wharfage to the city shall land the name within the limits of the city, and neglect or refuse to pay the wharfage ,above speci- fied, on demand being' made therefor by the Harbor Master, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any ,Tastice of the Peace, or other court, shall be fined not less than five, nor more than one hundred dollars. 3S REVISED CITY ORDINANCES. SEC. 8. If any person shall resist, or e ltheny discharge manner odlor abet in resisting the Harbor Master wlril is duties, or shall neglect or refuse to obey any lawful guilty ordof armi ven by him in the discharge thereof, he shall be e- meanor, and on conviction thereof, shall be tined not less than live, nor more than one hundred dollars. CHAPTER XVI. AN OEDIN ANCE to provide for regulating Weights and Measures: SEC. 1. Council to appoint Inspector. SEC. 4. To inspect each year. 5. Entitled to fees. $. Duty to inspect weights. B. To Registor. 3. Duty to mark them inspected. Be it Ordained by the City Council of the City of Dubuque SECTION 1. That the City Council shall appoint in each year an inspector of weights and measures, and sltall provide correct and appropriate standards for the purpose of testing and prov- lug all weights, measures, scales, beams, steel yards, and other weighing instruments, �n lid i standards 1�eddbyslalw�rl to the standards of the statecounty, Sic. 2. That every person engaged in the buying or selling of goods, wares or tnerchandise, using weights, Measures, scales, beams, steel yards or other weighing instruments, in weighing or measuring any article intended toe purchased dbor s,ldeel n this city, shall cause such weights, measures, yards or other weighing, instruments, to be sealed and marked by the Inspector and sealer of weights and lneasure.s for said city, and if any person shall use any 1ve.ight.s, measures, scale, beans, steel yard or other weighing instruments for weighing or measuring any article for purchase or sale in said city, not so sealed Or marked as aforesaid, or shall use in buying or selling any false weights, measures, eams, la s, or other weighing or measuring, instruments, Whether 1lesatnshall have Ire shall forfeit the been inspected and sealed as aforesaid, or not, penalty of not less than five dollars, nor more than fifty dollars for each offense. REVISED CITY ORDINANCES. 39 SI:c. 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 conf'ortn to the established standards. Snc. 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 rn ay think proper, all weights, measures, scales, beams, steel yards and other weighing instruments 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 neighing instru- ments to the said Inspector and sealer, for the purpose of exam- ination and inspection as aforesaid, such person shall forfeit the penalty of five dollars for each offense, 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 offense. SI_c. 5. That the Inspector of Weightsand Measures shall be entitled to receive as fees for inspecting, regulating and sealing weights and measures, from the persons owning and using the same, the following sums, viz: for platform scales with weights belonging thereto, fifty cents each; for counter scales with weights, twenty-five cents each; for beam scales fbr weighing 1000 pounds and upwards, fifty cents each; for smaller denomi- nations, 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 de- nominations, fire cents each; for wine measures, three gallons and upwards, ten cents; smaller denominations, five cents each; tar each yard measure, five cents. But it shall not be lawful fi,r the Inspector to collect or receive the aforesaid charges for in- specting and examining weights, measures, scales, beams, steel yards and other weighing instruments, more than once in each year, from the same person for the salve instrument, unless not t�rund Conformable to the standard. 40 REVISED erTT ORDINANCES. SRC. 6. That it shall be the duty of said Inspector and scaler to make a regular register of all the inspections and examinations, in which he shall state the names of the persons for whom such inspections arld examinations were made, and whether the weights, measures, etc., conformed to the standards, alyd it shall also De his duty to report to the City Council the mimes 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 register to the Recorder. CHAPTER XVII. AN ORDINANCE to establish and regulate Markets, and. the sale of Meats, etc. SEC. 1. Market Buildings. 2. Rent of stalls. 3. Care of ilarket Master. 4. Not open on Sunday. 5. Purebaser not sell again. 6. Unsound meat prohibited. 7, No person to lounge in. 8. Not to Fell outside without license. 9, Market "how understood." 10_ Not to sell l,utside, Zl. Penalty. fl. Guilty of offense punished. 12. No dealer to buy between hours of 6 Y. at. and 9 n. M. Be it Ordained by Mc City Council of the City of Dubuque; Si e'r1.oN 1. That the building on the cornern of ftMane and Jones street, known as the First Ward Market, d tbuild— ingas the on Thirteenth, -between Clay and Iowa streets, en Central Market, with as much of the streets adjacent thereto, as may be necessary for the purpose, are hereby established as pub he markets, and shall be kept as such under the direction of such persons as the City Council may appoint, to perform the duties of market masters for such markets, respectively. SF:C. 2. The rents of stalls in either of the markets of the city, shall he 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 of- fered for sale on first day the by of May in San. 13. Penalty for using stall. 14. Not to tie legs of 16. Not to tie legs of Sheep. 16. Not effect Merchants. 17. Selling moat without license prohibited. 18. Selling less than by quarter by Farmers unlawful. 19 Penalty for ■-iolation. public 20. Meat to be weighed by r weigher. Ii1':V1SE•:Ib CITY ORDINANCES. 41 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 have the privilege of leasing the same for another year, at the rent fixed by the council. The sale may he 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 terns of one year, on payment to the Treasurer of the rent and pre- mium, in cash, unless the City Council shall direct the same to be received in scrip. Leases, signed by the Mayor and Reeorder shall be issued to persons entitled thereto. If' any stall shall not be ]eased at the regular sale, or shall at any time become vacant, the Council may appoint a day for leasing such stall in the man- ner herein provided. SEC. 3. The Market Masters shall exercise general care and supervision over the market louses and grounds, shall assign places 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 re— moved 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 ordinances 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 rlsed for food. They ,shall cause all articles of less weight than represent- ed by the seller, which shall l,e offered or exposed for sale with intent to defraud, to be seized and sold, and the proceeds thereof' paid into the City Treasnry. Sc.E4. 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 oi' offer for sale the same in any market place (6) 1.) REVISE;n OrrORL)IN SCEs. in the city. No person attending market for the purpose of sell- ing shall purchase any article sold in the market as agent for any other person. No person shall sell or give away in market any spirituous or fermented liquors. SEC. 6. No person shall sell, or expose, or offer for sale, at any place in the city, any tainted, putrid, blowrl, plated, raised or un- sound meat, fish, eggs, poultry or other article of food. No per- son shall offer for sale chickens with their limbs tied, at any place in the city. Snc. 7. No person not having lawful business in market shall it]ly sit, walk, lounge or lie in or about the market place, nor s'i,. I the smoking of tobacco be allowed therein, during market hours. No dog, slut or other offensive animal shall bepermitted in the market lrortse at any time, nor shallany person g or suffer to corne into or upon a market place during market hours any unruly or dangerous animal of any kind. SEo• 8. That the City Recorder is hereby authorized to issue a license to any person or persons to sell or expose to sale any fresh meats, poultry or fish at any place in the city outside of the established markets. Any person desiring such license shall make written application to the Recorder, stating the place where his business is to be carried ,and the shall fix theti ales ms whiunt ho he proposes to sell. The City Council taxed for such license, and the Recorder shall, upon the produc- tion a of the Treasurer's receipt for the amount so fixed, license to such person for the purpose specified. No person shall by himself or agent sell or expose for sale any fresh meats, poul- try or fish without such license, under a penalty of not less than than tive nor more than ten dollars. SEC. 9. Whenever the words "in market" are used in this ordinance, they shall he understood to refer to the markets of the city as established by ordinance for the sale of meat and vegeta- bles. 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 plhiet. , REVISED CITY ORDINANCES. 43 established by ordinance for the sale of such articles, any game butter, eggs, fruit or vegetables of any kind. SEC. 11. Any person who shall commit any act or offence prohibited in this ordinance, ibr which a penalty is not otherwise herein provided, shall furfeit and pay upon conviction, a fine of not less than one dollar, with costs or 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, no/ more than twenty dollars for each offense. 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 subject to a penalty of not less than five nor more than twenty dollars for each day that such stall shalt be used for the purpose aforesaid. Sm. 14. That it shall be unlawful for any person to have, keep or expose for sale, at the Central Market, or on any street, alley or sidewalk, or in any house, store or shop, within the limits of the City of Dubuque, any chicken, goose, turkey, duck or other domestic fowl,with the legs of the same tied with a string or cord : and any person found guilty of such offense shall be lined not less t.11an one, nor more than five dollars. tir':c. 35. That it shall be unlawful for any person to have, to:cp or expose for sale, at the Central Market, or in any house or -'hllp or in any street, alley or sidewalk within the limits of the [ sty of Dubuque, any sheep, lamb, calf, hog, pig or other domes- tii•, annual, with the legs of the same tied with a string, cord or r"pe, and any person who shall be found guilty of such offense shall he filled not less than one, nor more than ten dollars. 44 K.1Vitir',D CLTY tlltniNA-sc :s. SEC 16. Nothing herein contained shall be so construed as to prohibit merchants or connnission merchants from buying or selling poultry and fish in the usual way to their cusoom ors, have nor shall this ordinance apply. to or effect pork packers, taken out a license to carry on such business. SEC. 17. That it shall be unlawful for any person, not a pro- ducer, but one who snakes it his principal business to buy for the purpose of selling again, fresh beef, veal, lamb, mutton, d poultry, or tarns produce, except merchants doing business in said city, to sell or expose for sale. in said city, any fresh meats of the kind above set forth, in any quantity, without first pro- curing a license therefor, the same as butchers, and as provided in Section 1 of au ordinance3estalilishedauthorize ketthe passecl October poultry, and fish outside 2, 1876," being section 8 of this ordinance. SEc. 18. That it shall be unlawful for any merchant, farmer, or producer, to sell, or expose for sale, in said city, auy fresh meats of the kind set forth in section 17 hereof, in a quantity less than a quarter without first procuring a license therefor, the same ,is butchers, and as provided in section 1 of an ordinance "To authorize the sale of meats, poultry, and fish outside the estab- lished markets." passed October 2, 1876. SEc. 1.9. '1'lia.t any merchant, farmer, producer, or other per- son, who shall violate the provisions of section 17 and 18 of this ordinance, shall, upon conviction thereof be tined not less than five, or more than ten dollars, with costs of prosecution. Stn. 20. That it shall be unlawful for such persons as are de- scribed in sections 17 and 18 ofthisordinance, to sell in said city any fresh meats of the kind and quantity therein provided for. without first having the same weighed by the Marke.tmaster or some public weigher, and receiving from said M.a.rketmaster or g public weigher a certificatDof beefetinrlh. 5 weight,I is for aclilquartert�i. 10 cents for each quarter of veal, mutton or lamb. k REVISED CITY ORDINANCES. SEC. 21. Any person violating the provisions of section 20 hereof, shall, upon conviction thereof, be fined not less than one or more than five dollars, with costs of' prosecution. CHAPTER XVIII. AN ORDINANCE to establish flay, Wood and Grain Markets, and regulating salve. SEC. r. Hay and Wood Markets . 2. Not to occupy streets. 8. Fray to be weighed. 4. Not to falsity certificate. 5. Penalty for violation. SEc. 6. Not to obstruct street with wood wagons. 7. Establishing Grain and Pork hiarkct. 8. Crain to lie weighed and price. 9. To regulate scalp. Be it Ordained by the City Council of the City of Dubuque SECTION 1. That lots numbered 187, 188, 189, 190, 191, 212, 213, 214, 215 and 210 in East Dubuque Addition to the City of Dubuque, Iowa, and composing the block situate between Four- teenth and Fifteenth streets, and Pine and Ella streets, in said city, are hereby set apart and established as a Hay Market for said city, and that Seventh street, between Iowa and Clay streets, with Clay street, between Seventh and Eighth streets, are hereby set apart and established as a Wood Market for the city. SEC. 2. That no person having charge of any hay team shall allow the saute, while waiting to sell their loads, to stand upon or occupy any other grounds or streets, or any of the streets upon which. said lots, hereby set apart and established as a Hay Market, front. And it shall he the duty of such persons to place their teams on said lots, so as not to obstruct the streets or sidewalks, on which said lots abut. Si,e. 3. That any person selling or offering to sell, within the limits of the city, any hay to be consumed therein, 611a11 cause the same to be weighed upon the public bay scales, of the city. and obtain a certificate of' the weight thereof from the weigher, and the said weigher shall, and it is hereby made his duty to .write said certificate with ink. fi REVISED v1SED CITY oTaDINAN(%I'I . Six. 4. No person wllo Shall have had any hay weighed, as aforesaid, shall diminish the weight thereof, or in any way falsi- fy the certificate of the weigher, or shall suffer the same to be done, with intent to deceive, or otherwise. SNc. v. Any person wilfully disregarding or violating this ordinance, or any part of the same, shall, for each offense,. be subject to a penalty of not less than one nor more than five dollars, including costs of prosecution. Sic;. ti. That no person Baring cllarg of y "ood other aareetm •lsha allow the same to stand upon or oe l any s or grounds, while waiting to sell their loads, than the place hereby established as a Wood Market, and it shall be the duty of such persons to place their teams 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 execution. SEC. 7. That 3,1aill street, between First and Jones streets, on both sides of the First Ward market house, including said Market ),louse so long as the Council shall permit the same to be -used for that purpose; • and First street between Main and Locust streets; and near the hay scales at West Dubuque; and Eighteenth street between Cooler Ayenle and White street; are hereby set apart and established as a grain and pork market, and that any person who shall purchase for the purpose of selling again, any pork, or any grain of any descrip- tinn, brought into the city on any wagon or sled, in any part of the city than at the market herehv established, shall 1)e subject to a penalty of not less than five dollars, with costs of prosecn- tioTL. SEC. 8. The Public'Weigher and his deputies appointed under the provisions of "An Ordinance to regulate the weighing of dressed hogs," shall also be the weighers of grain, and shall weigh any grains offered to be weighed 1n1 their scales, and shall REVISED CITY oxl)1N:1ti(`Ea. 4-7 receive therefor, from the owners or persons offering such grain to he \veig]ied, the slnn of fifteen cents for each draught.. S1 u. 9. The Sealer of Weights and Measures shall examine and regulate such scales, when requested by the weigher, without charge. And any person who shall wilfully injure such scales, or shish, with intent to defraud, change or alter any part of the salve, or any of the weights belonging thereto, shall be subject to a fine of not less than twenty dollars, with costs of prosecution. CHAPTER XIX. AN ORDINANCE to regulate the Weighing of Dressed IIogs. &Ito, 1. -Public Weigher. £3E[ . 4. Fines to be pail city. 2. All hogs to be weighed. 5. Who eligible as Weigher. 3. Penalty for violating. 6. When operative. Be it Ordained by the City Council of the City of Dubuque : Si t'i'ioN 1. The City Council shall appoint in each year, a Public Weigher, who shall be authorized by this ordinance to employ the necessary number of deputies, all of whom shall he approved by the City- Council. Said Weigher shall provide himself with the necessary scales and platforms, and at as con- venient a locality, or localities, as )nay be designated and approved y the City Connell, and such person, or persons so appointed, shall weigh all dressed hogs sold within the, limits of the City of Dubuque, and said Weigher, or Weighers, shall receive as com- pensation therefor, for three hugs, or less than three, ten Bents each ; for loads of more than three, five cents each. On each hog so weighed, said Weigher shall )nark distinctly the weight, and shall furnish the seller with a certificate of all hogs weighed, on which each separate weight shall be marked, and in all cases the seller •)tall pay for weighing as above. fir, '• 2. All persons selling dressed hogs in the City of l abuque, shall have t.heln weighed, as above provided. :H.:L. 3. Any- person selling or buying any dressed hog, or )lugs, without having theirs weighed as provided for in this oi•di- i1Euice. shall he subject to a tine of not less than five dollars, nor 45 more than twenty dollars for each offense, and in addition thereto, all costs that may accrue in the enforcement of collection. SEC. 4. All fines shall be collected as by law provided, and when so collected, shall be paid over at once, by the court having jurisdiction, to the Treasurer of the city. SEC. 5. iN o person shall be eligible to the office of rgr as provided for in thin ordinance, who shall be hi any way, direct- ly, or indirectly, interested in the purchase and sale of dressed 1 togs. SEC. d, This ordinance shall be operative only from oVei-i- ber 1st, in each year, to the 15t.1t day of March, in the Ulowing year. REVISED C'ITl oit3][^i ANL:ES• CHAPTER XX. AN ORDINANCE regulating the use of Public Scales. Shy, 6. Market Master to weigh. 8�c. I. Connell to elect ScatsWeigher. 'T. To receive ten cents each draught. S. To oto falsify Ity erfic S. To report to Council. g, Tote. farcale Certificate, 9. penalty One to Five dollars. ¢, To keep Sealer to good order. 5. Weigher to weigh Cattle and Hogs. Be it Ordained by the (;pity Council of the Oity of Dubuque SEC. 1. That there shall be appointed by the City Council, a soon as practicable, after the annual electi on in eachharge of year, Wn; i- ers of hay fur said city, and who shall ha hav scales in said city, who shall be qualified according to law, and give bond, and who shall hold their oflic.e until their sili'- eessors are appointed and qualified. SEC. 2. Tltat any person selling, or offering to sell, within the limits of the city, any hay to be consumed therein, shall cavie the same to be -weighted, Lind obtain a certificate of the weig}1t thereof from the -Weigher. SEc. 3. No person who shall have had any hay weighed as aforesaid, shall diminish the weight thereof, or ine aiiv t aye elude, lsify the certificate of the )(eiglter, or -shall with intent to deceive. REVISED CITY oitifiN_t 'i•:8. 49 • SEC. 4. That it shall be the dnty of each Weigher, either by himself or some deputy by him appointed, for whose acts he shall he responsible, to be in readiness at all times at some convenient place to be by llixn designated, to attend to the business of weighing iiay. as provided in this ordinance. And he shall keep the public hay scales in good order and repair, and shall cause the accuracy thereof to be tested from time to time, whenever the City Council. may require, or whenever the same may have become inaccurate from alty cause. SEC. 5. Tliat the said Weigher shall attend to the weighing of her, cattle, hogs, or whatever else may be offered to be weighed on said scales, and shall be entitled to receive • from the person 'Procu- ring the saute to be weighed, the suns of ten cents fur each draught, and shall not knowingly give any false certificate of such. weigh- ing. They shall keep accurate account of all articles weighed on said scales : the number of draughts and the fees therefor re- ceived, 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 Treasurer, all money received for weighing on said scales, not previously accounted for. SEC. fi. That the Market. Master of the Central Market shall, at any time during market hours, attend, if required, to weigh- ing upon the platform scale provided for use at said market, any meat., poultry, or other article of provisions, or any article usually sold by weight in said market. SEc. 7. All persons are hereby prohibited from charging or receiving any fee or reward for weighing any of the articles, the weighting of which is provided f'or in the foregoing section, except that the !Market Master for weiiliing as therein provided, shall be entitled to receive from the owner of the articles weigh- itl, the shin of ten cents for eaeli draught. SEC. 8. The Market Master shall, at the close of each month sport to the Coun.eil, stating the amount of money received by i lLl 1j Under 'this ordinance, during the month immediately a �) REVISED CITY: ORDINANCES. preceding, and shall pay into the treasury the amount, so re- ceived. SEc. 9. Any person 14lifillly dis egi' dingsirjei violato ating ordinance, or any part of the same, sludl be ty of not less than one or more than five dollars for each offense. CHAPTER XXT. AN ORDINANCE providing for the appointment of an Inspector of wood, and regulating the sale of wood for fuel in the City of Dubuque. SEC. 7. Fees. 5. Not sellMafrom om Wagons. 9. Wood10. Fined for resisting. 11. Inspector to keep account. Sec. �• City Wood to beisold byl to cord. 3, flow piled. 4. Penalty. 5. Inspector to oversee. 6. Inspector shall not buy. Be it Ordained by the City Council of the City of Duubuque: S1;C•rxoN 1. The City Council shall appoint each year a City Inspector of \Vood who shall remain in office during the pleasure rce of the Council, and whose duty i�shall lez r�irients thebe to reto as may ni yprovis- ions of this ordinance, and such time to time be made. SEC. z. All wood sold for fuel in the City of Dubuque 6ha11 hereafter be soul by the cord 4r part cns consist one liuucii� diand twenty - cord tioned in this ordinance shallu eight cubic feet., well andcompactly nev rysto ed, and with reasonable allowance for crooked aI1 SEc. 3. All persons bringing wood into the City of Dubuque and offering the saute for sale, Lthe sloughsile levee or banks or channels thereof, f)ithe at Mississippi River or any o any other place within the City . �Limits, slcliho1llerlen the place where same t1)s placed upon the banks or levee; same is to be offered for sale, loetiw pile it itllewood ranksthat ereof��el each of at least one foot shall intervene rank thereof shall be so piled as to clearly show the kind and quality of wood in each rank, and to that end all limbs and INW REVIS.>':i) CITY ORIDINANCES. ]I crooked sticks shall be placed upon the top of the ranks, or in a separate rank by themselves, and the other wood shall be piled bark up as compactly as possible. Sic. 4. No person shall sell or offer to sell any wood for fuel within the limits of the City of Dubuque nnt.il said wood has been inspected -and passed by the inspector as herein provided for ; and any person who shall violate the provisions of this sec- tion shall be liable to a fine of not less than ten nor more than fifty dollars for each offense. SEC. 5. It. shall be the duty of the Inspector of Wood to over. see the ranking and piling of all wood for fuel brought to the City of Dubuque fiir sale, and to cause the same to he piled as Herein provided for ; and when piled to inspect and measure the same. If any wood is not piled as herein provided for, he shall notify the owner or person having the same in charge to repile the stone as herein provided for ; and in case the owner or person haying the same iii charge fails to do so within a reasonable time the inspector shall refuse to pass said wood, and shall nark; the sauce as rejected. All wood properly piled and marked shall be measured by the inspector who shall give a certificate of such measurement to the owner of the wood or person leaving the same in charge, setting forth the dimensions each way of the rank so measured, stating the ilmriber of feet in length of such rank re- quired to slake up a cord of one hundred and twenty-eight cubic feet and the measurement so made shall be binding and conclu- sive on both buyer and seller ; a duplicate of the above certifi- cate shill be attached by the inspector to each rank of wood by hint inspected and passed, and all sales of such wood shall be horn the rank as measured by the inspector. Provided, that whenever such wood shall be removed t'r•orn the place where in- spected and rrieasnred by the inspector to any other ].)lace in said City to be again offered for sale, the same shall be again ranked andmeasured, and a new certificate thereof attached to each rank as above provided, but the #fees to be charged by the in- biPeetor shall be only one --half the amount herein provided . 52 REVISED CITY ORD LNANCES. Sc.s.6. The Inspector of Wood shall not buy, sell, or in any manner deal in wood either for himself or others save and ex- cept to purchase wood for his own use, nor shall he be interested either directly or indirectly, in the purchasing or selling of wood, nor in the profits to be derived therefrom, nor shall he in any manner aid or assist in making sales or purchases of wood. Sire. 7. The fees of the inspector for services rendered by him in inspecting and nleasnring wood, shall be as follows _ _ 1.0 rts. For every lot of one cord or less, For every lot over one and less than twenty cords, for each cts. cord therein. — For every lot of twenty up to fifty, for each cord therein, 4 ets. For every lot of fifty or over, for each cord therein, 3 ets. Sire. S. No person shall sell or offer for sale in that portion of the City of Dubuque lying east of Bluff street, with Bluff street included, and between Jones and 18th street any wood for fuel loaded upon any wagon, sled or other vehicle until the same shall have been first inspected and measured by the Inspector of Wood, and acertificate of the quantity thereof in cords, or parts of a cord be procured by him. Any person who shall violate the provisions of this section shall forfeit and pay to the City for each offense the sum of five dollars. SEC. 9. That Eighth street, between Clay and White streets, and White street between Seventh and Eighth streets, are hereby set apart and established as 'a wood market for the City of Dubuque ; and the Inspector of Wood is hereby required to at` ea the same Islrs in the winter e presented foseason, measure and inspect allwoodthat may b measure- ment and inspectiOn. SEC. 10. Any person who shall resist or interfere with the Inspector in the performance of his duties under this ordinance, or shall neglect or refuse to comply with any of the requirements thereof, or shall mutilate, destroy or change any certificate at- tached by the Inspector to any rank of wood, by him measured REVISED CITY ORDINANCES. ai l or in any other manner violate any of the provisions, shall Oren no other penalty is herein provided, be punished by fine not less than five or more than fifty dollars with costs of prosecution, at the discretion of the court before which he may be prosecuted and such court may in addition to such fine, imprison such offen- der until snch fine and costs be paid. SEc. 11. That the Inspector of Wood shall keep a correct and true account of all wood brought to the City cf _Dubuque for fuel, and shall report to the City Connell at every one of its regular session the amount of wood measured by hiin during the month previous, for \vlforn the saiiie was measured, and the amount of fees paid him therefor by each person, at. whose request such rneasnrenient was made, and shall :account for and pay into the City Treasury- five per cent. of all fees re- ceived by faun during said month, and shall' turn over to the Treas- urer the stubs of all certificates issued by him. showing the date of issue, the amount of wood measured, for whore measured, and the fees charged by hire. That as soon as any wood shall have been measured by the In Spector, said inspeetor shall have the right to deiliand and re- eeive of the owner of such wood in advance, the fees to which he May he entitled, and shall not be required to deliver a certificate ntil such fees be paid , CHAPTER XXII. AN ORDIN11Nt1E prescribing the mode in which charges may be pre- ferred against any officer under the city government, and for hearing and determining the same by the City Council. Sxe. 1. Officers may be expelled. SEC. 5. Recorder to record all complaints. 2. City Council to Dear complaints. 6. Charges cugainst Mayor. 3. Complaint to be in writing_ 7. Not exempt on Bond. t. Time for trial. 8. Not to include appointed officers. Bs it Ordained by the City Council of the City of DiUbuyue; SECTION 1. Any officer under the city goverment, whether ted by the people or appointed by the Council, who shall be ilty of ,rro,ss negligence or carelessness in the performance of 54 REVISED CITY ORDiN ANCIA;S. the duties of his office, or shall, in any manner violate his official er duty, upon being found guilty tlttoeof officem he's 1 laeitein ppUov �e may be expelled or removed for - SEC. 2.. The City Council shalt hear and finally determine all complaints made under the provisions of this ordinance. SEC. 3. All charges preferred against any officer of the city government tinder this ordinance, shall be by complaint made in writing, signed and sworn to by some resident of the City of Dubuque, and direeted to the City Council of the City of Du- buque; such complaint shall briefly set forth the naive of the person charged, the title of the office by him held, and the facts which constitute the grounds of the charge preferred, and shall be presented to the City Council at any regular or special meet- ing thereof; and if in their opinion the Matter set forth in such complaint warrants an investigation and trial of the party therein charged, the council shall farther appoint a time for the hearing, giving the defendant not less than three, nor more than ten days' notice of the time and place of such trial; such notice shall he in writing, signed by the Mayor, and shall, together - with a copy of the complaint be served on the defendant by the City Marshal, in like manner as original notices are served ander the laws of Iowa. S :c. 4. At the time set for trial, the council will proceed to the hearing of the ease, unless for good cause shown by either party, the council shall deem it just to conAttorney,nu e toe he' r ing h other a future day. Upon the trial, the City person as niay be designated by the City Council, shall conduct the prosecution, and the defendant may be heard by himself or his attorney. If the defendant after being notified, fails to appear and answer to the complaint, or if he admits the truth of the 'natter set forth in the complaint, the council may, in their own option, hear evidence in the matter, or at once proceed to a final vote as hereinafter provided. All questions arising in the progress of the hearing shall be determined by a. majority VntP REVISED •CITY O1RDINANCES. upon the ayes and nays. As soon as the hearing of the case is closed, the presiding officer shall put the question: " Is the defendant guilty ?"—the vote to be taken by the ayes and nays. If more than one charge is preferred in the complaint, the ques- tion shall be put separately on each. If the defendant is an offi- cer elected by the voters of the city, or any ward or district therein, it shall require an affirmative vote of two-thirds of all members elected to the council to find hiin guilty. In the case of any other officer a majority shall be sufficient. If the defend- ant is found guilty as herein provided for, the Mayor or presid- ing officer shall forthwith declare: "That by judgment of the City Council, the defendant is removed and expelled from the office heretofore held by him." SEC. 5. It is hereby made the duty of the Recorder to enter upon his records a copy of all complaints filed under the ordin- ance, with a brief statement of the proceedings had in each case, and the final vote and decision with the ayes and nays thereon. SEc.6. Should charges under this ordinance be preferred against the Mayor, or any member of the City Council, the per- son so charged shall not preside over the council, nor vote upon any question during the trial of such case. In all cases in which it may become necessary, the council may authorize any proper person to perform the duties herein required of the Mayor, Mar- shal, Recorder or City Attorney. Si;c. 7. The removal or expulsion of any officer under the provisions of this ordinance shall not exempt him nor his sure- ties, from liability on his official bond. SEC. 8. This ordinance shall not be so construed as to pre- vent the City Council from removing from office any officer appointed to hold during the pleasure of the council. SEC. 9. le. 11. 12. 13. 14. 10. 16. 56 REVISED CITY ORDINANCES. CII.ILPTER XXIII AN ORDINANCE in relation to Licenses. F. C. 1. L1eenRCS . 2. License subject to ordinance. 3. Not assignable. 4. Application to City Recorder. 6. Application to Mayor. 6. Recorder to keep register. 7. Marshal to enforce. 8. Auctioneers. Be it Ordained by the City Co-uncil of the City of Dubuque SECTION 1. All licenses shall be signed by the Mayor and at- tested by the Recorder, under the seal of the city, and no license shall be valid until so signed and attested. Each license shall hear date the day of the issuing thereof, and shall specify the per- son to whom, and the purpose for which the same was issued, and the time of its expiration, which shall not be later than the last day of March next, atter its issue. But if such licenses be issued subsequent to the 1st day of April, and the amount paid therefor would, if paid on that day, have entitled the holder to its benefits for one year, then on its renewal on the 1st day of April next after its issue the holder will be entitled to a credit on the renewed licenses for the time between the date of the expired licenses and the 1st of April nett after its issue. SEC. 2. All licenses granted shall be subject to all ordinances in relation to such licenses in force at the time of the issue of such license, or which may be subsequently passed by the City Council in relation thereto. And if any person licensed, shall violate any provision of any ordinance in relation to such license, he shall be proceeded against for any fine, or penalty, imposed thereby, and bis license may be revoked, or forfeited, at the dis- cretion of the council. SEC. 3. No license granted shall be assignable, or transfer- able, nor shall any person be authorized to do business, or Tact under such license, but the person to whom it is granted; or Shall any license authorize any person to act under it at more e. Whoever ate any pro - than one lace at the same f}lthis section,, shall be shall b e d en ed tobeacting, without visions o Brokers. Livery stables. Wagons and Drays. Billiard tables. Saloons. Traveling physicians. Peddlers. Exhibitions. REVISED CI'I'7 ORDINANCES. a license, and shall be subject to the saute penalty as is prescribed for acting without license. SEC. 4. Whenever the amount regnirad to be paid for any license is fixed by ordinance, and no bond is required, appliea' tion for the license may be made to tile City Recorder, who shall. upon the production of a certificate t'rorrl the City Treasurer, slowing that the required sum for such license has been paid to hirrl for that purpose, issue to the applicant the required license, in accordance with the provisions of the city ordinances. SEC. 5. But it' the arnonnt to be paid for any license is not fixed by ordinance, or if a bond is required to be filed before a license can be issued, application in writing must be made to the Mayor tar such license, stating the purpose and length of time for which the same is desired, and the place where the business is to be carried on, and when a bond is required, the names of the proposed sureties. It' the Mayor shall grant the application, or approve of the sureties for the bond, he shall so endorse the application, and state the amount required to be paid for the license, and the time for which it shall be issued; and upon the filing of the application so endorsee, and the required bond, with the Recorder, and producing the certificate of the Treas- urer of the city, showing that the required sum has' been paid, the Recorder shall issue to the applicant a license for the pur- pose and time specified. But if the Mayor refuse such applica- tion, he shall report the application to the City Council at their next. meeting, t'ur their action thereon. SEG. i. '1'lhe City- Recorder shall keep a License Register, in which he shall eater the naive of each person licensed, for Flhat purpose licensed, the amount paid, the date of the license, and the time of expiration of the same; and at every regular meet- iug of the council, report an abstract of all licenses issued since his last report, and the amount taxed tin' each. Sc.E7. The City Marshal shall enforce all ordinances in rein - Con to licenses, and shall from time to time examine the license register, and prosecute all persons who may be acting without icense. (8) 15 REl'ISIin CITY ORDI:tiANCRS. Ar: CTIONEERS. SEC. S. That no person shall sell or offer for sale, at public auction, within the limits lniti1eau hyIrzedgUyl=gnealtctioneel r's r personal prol.)eity, unless license, under a penalty of ;100.00 for each sale. Provided, That the foregoing prohibition �raotl� r uflieer�lto y ��rtueles luf le al e by any sheriff, constable, marshal, , procebS. a. For every auctioneer's license, there shall e b sllaaxllU d and collected the sum of 25.00. Before any persor ll licensed to act as an auctioneer, he of Uaulluqueo.Ite and file with in the penal sum the Recorder, a bond to the City of $1000, Nritii two or more ithfulties, to compliance e lLwlitlllthe provis- ions conditioned for the, i inert of all moneys ions of this ordinance, and the prompt l a y herein required, to be pad to the city. b. Every licensed auctioneer shall make and return to the City Treasurer, before the last Saturday of each month, a written statement, under oath, of the amount of money re � ive d by hint, for all property sold by hiin at auction, and by all persons in his employ, or acting ender his license, during the month next preceding, and shall pay into the city treasury at the time of making such return, a sum equal t two and d; a half f per cent. of the amount so received bye tis �LetlP aof eCity if said auctioneer shall show to the Treasurer, that any of the articles ,old at auction have, within one }year prior to the date of forsuch city taxes, een ine1d atetdlleltilthe xes regular assessment of propertysuch articles shall '� assessed thereon have been paid to the city, exempt from the tax of two and a half per auctioneer Cto snake Sretnrn this ordinance. On tol ore of anyis license shall be suspended and payment, as herein required, until such return and payment shall be n ace o de. And it f iluereby' made the duty of the City pre give notice to the City Marshal t] ert the provisionssuspension f this said e ordinance and the Marshalhal shall see that REVISED CI'f7 ORDINiiIICEs. 50 are enforced against such delinquents in the. same manner as it no license had been issued to such auctioneer. c. Any person who shall sell at public auction on the streets or sidewalks, or in the door -way of any house, so that the bidders or bystanders, shall encumber, or block np any street or sidewalk of the city, shall be subject to the penalty for obstruct- ing the streets. This ordinance shall not apply to sales [alder execution, mort- gage, deeds of trust, order of court., executor's, administrator's, or rnardian's sales. I3ROKEIRS. SE0.9. No person shall, within the limits of the City of Du- huque, ter the purpose of selling again at a profit, or for the purpose of realizing a profit therefrom, buy, discount or shave any bill of exchange, check, draft or order for the payment of money or other thing of value, bank note, promissory note, bond, mortgage or other writing obligatory, gold or silver coin; or buy, sell or negotiate the sale or purchase of any such instru- ment, or personal or real property for others, for a commission or other compensation, without a Broker's License, issued there - tor by said City under a penalty of not less than ten, nor more than fifty dollars for each offense; and for every such license there shall be taxed and collected by said City the sum of fifty dollars. MVERY STABLES. SLe. 10. No person shall, within tire limits of tine City of Du- buque, keep horses or carriages, to be let for pay, unless duly authorized by a license to keep a livery stable ; and for such license there shall be taxed and collected the suns of fifty dollars. Whoever shall violate the provisions of this section, shall forfeit and pay the city the suin of twenty dollars for each day such business is carried on without such license. . No person shall, within the limits of the City of Dubuque lire airy hackcarriage, uomnibus, or other vehicle, fur the pnr- REVISED ISE11 (Tay owors,,,xu •;s• tit) pose of carrying passengers from one place to another, within said city, for hire, unless duly authorized by a license for co-iveyaiIce, -under a penalty of five dollars for each day ; a a license for every such vehicle, he shall pay to the city the sum of five dollars. b. The owner of every vehicle licensed as atorsa id, shu shall cause se the number of the license to be plainly painted spicuons parr of each side of his vehicle, under a penalty of two dollars for each week he shall use the same without being so num- bered. c. No person shall collect, ur receive, for carrying any pas- senger from any place in said city to another therein, more than twenty-five cents, except when such passenger shall, at his or her request, be carried on, to or from any of the bluffs within the limits of the city, in which case a sawn not exceeding fifty cents, may be charged and received. w,kooNs, 1l1tAYS, &ui. SEC. 11. No person shall, within the limits of the City of Du- buque, keep, own, or use any dray, wagon or other vehicle for the purpose of carrying articles or property for hire, from one place to another within said city, without a license therefor, under a penalty of two dollars for each load or parcel so carried without license ; and for a license for every such vehicle, he shall pay to the city the sun- of five dollar's for each vehicle drawn by one horse, and ten dollars if by more. a. Any person licensed by the City of Dubuque under section eleven of this chapter, shall not take for hauling any load to Or s or riv- from any part of the City, or to or 131--ffs moreom the Fair one dollar pel�loadn rngTark, and below the lien drawn by one horse, or mare, and not more than one dollar and fifty cents per load when so hauled and drawn by two horse Ater and from or over the above named territory ; and if any n ramount than above specified shall be dray tar en or thor vehicle, e,charged s f d pid or sai service by any licensed wagon, son or persons so doing shall forfeit his license and be subject to REVISED C1'lY o1iD1NANCI;S. (,1 a tine of' not less than five or more than ten dollars for each and evert' offense. b. The owner of every vehicle licensed as aforesaid, shall cause the number of his license to be plainly painted or posted on some conspicuous part of each side of his vehicle, under a penalty of one dollar for each week he shall use the same without being so numbered. BILLIAIW TABLES AND BOWLING ALLEYS. SEcnoN 12. No person shall keep any billiard table ur bowling or tenpin alley for hire, or gain, directly or indirectly received, with- out a license therefor, under a penalty of five dollars for each game played thereon for which pay is received. a. There shall be taxed and collected for a license to keep bil- liard tables, the stun of twenty dollars each, for the first three tables ; and ten dollars each for each additional table, and for each pigeon --role table, five dollars. There shall be taxed and collected for a license to keep a. tenpin or bowling alley, the stun of' five dollars, fur each alley. b. No keeper of abilliard table, or bowling or ten pin al ley shad suffer or permit any minor to frequent or loiter about the premises occupied by him, nor sell or deliver to minors any in- toxicating liquor, nor sutler or permit any riotous or disorderly conduct on the premises, under a penalty of five dollars for each offense. s ir.00.XS. SEorloN 13. No person shall, within the City of Dubngne, by himself, his agent, servant, or clerk, (except for purposes purely Medicinal or sacramental) barter, sell, exchange, deliver or other- wise dispose of for money, gain, or anything of value, any vinous, spiritous mixed, malt or other intoxicating liquor whatever, in any manner, unless duly authorized by a license, under a penalty of ten dollars for each offense. a. For each license to sell liquor there shall be taxed en.l collected by the city the Sinn of one hundred dollars; and REVISED CITY ORDINANCES. fi 2 such license when procured shall protect the holder thereof from prosecution by any city officer under the laws of the State for the offense of selling intoxicating liquors. b. No person licensed under the provisions hereoE,,ono by himself, his servant or clerk, suffer or permit any p drink to excess or drunkeness in his premises, under a penalty of not less than five dollars for each offense • c. No person licensed under the provisions hereof, shall keep open or suffer to be kept open his place of business at a later hour than eleven o'clock P. M., except on Saturday night, when the same may be kept open one hour later; our shall any person with intent to avoid the provisions hereof, open his of sacid place of business earlier than day five,light moreeach than it�venty under a penalty of not esS dollars. d. No person licensed under the provisions hereof, shall in any manner sell, give or deliver any intoxicating or malt liquor orbeverage whatever, to any minor or any intoxicated per- son; nor suffer any minor iaiderr intoxicated penaltyperson of not lmai or tha nofire r in or about his premises dollars. e. No person licensed under the provisions hereof, shall sell, give or deliver any intoxicating liquor to any habitually in- toxicated person, after being notified by the husband, wife, parent, or other relation, of such person, that lie or she is an habitually intoxicated person, and requesting such person not to give, sell or deliver him or her any liquor or beverage under a penalty of five dollars for each offense. shall f. No person licensed under the provisions hereof, suffer any loud or boisterous talking, or obscene or profane langu- age, quarreling, singing, fighting or other disturbance in or about his place of business to the annoyance ointheurbanceviciitof, persons passing along any street or 1 place or to the disturbance of the peace and quiet of persons doing REVISED CITY ORDINANCES. business or residing in the neighborhood, under a penalty of not less than five dollars for each offense. g. If any person licensed as aforesaid, shall violate any of the provisions of subdivisions a to g hereof, the City Marshal or any policeman may enter and close his place of business, and take possession of the keys and fastenings thereof and shall have power to turn out all persons found therein not belonging to the premises. h. Every person licensed to sell liquor ender the pro- visions of this chapter, shall keep the license granted to him framed and posted in some conspicuous position in his place of business, under a penalty of five dollars for each day's failure so to do. i. Tliat all liquors, whether vinous, spirituous or malt, kept for sale at retail, by any person within the city, who has not procured from said city a saloon license, with intent on part of the keeper thereof to sell it to be drank on the premsises where the same is kept for sale, shall be, and is hereby declared to be, a nuisance, and the City Marshal shall forthwith seize all such liquors and remove the same to the City IIall, and there retain the same until such license be procured or said liquor be released by order of the City Council. TRAVELING- PIIISICIANS. Sro•rrox 11. That all transient or traveling doctors or physi- cians, plying their vocation in the City of Dubuque, Iowa, whether in hotels, private houses, or on the streets, whether ad- vertising or not, or using medicines prepared by themselves or others, or professing to cure disease by any application whatever, shall first procure from the Mayor of said city a license there- for. a. The Mayor of said city is hereby authorized to issue the license pinned in the above section fonrteen,upon the payment to the City Treasurer, for the use of the city, the sum. of not less than three nor more than live dollars, at the discretion of the 64 Mayor, for each and every- period of twenty-tsr Hours Or fractional part thereof, that such doctor or physcian purposes to stay in the city, and if such person should prolong his stay for the purposes aforesaid, beyond the time for -which such license was issued, then upon prepayment at the same rate, nel tl c npayeshall et issue erfor such further time as the applicant s thate aforesaid. b. Any one neglecting or refusing to comply with thbe 'roe visions of this ordinance, shall, upon conviction thereof', any justice of the peace, be fined ten dollars for each day and every day, he, she or they shall have plied or attempted to ply his, her or their vocation in this city without such license : Pro- vided, the stun shall not exceed one hundred dollars, and shall stand committed until such line and all costs be paid. c. It is hereby made the duty of the City Marshal to see that the provisions of this ordinance are faithfully executed ; and it shall further be his duty, whenever lie shall find any such 1person er or persons without such license, forthwith to call him, them before any justice of the peace, to be dealt with as herein - before provided, but any justice of the peace is also required to act upon the complaint of any other person, REVISED !'IT7 ORDINANCES. PEDDLERS. SEOTION 15. That no person shall, within the limits of the City of Dubuque, hawk or peddle any goods, wares, merchandise books or other articles, or canvass for orders for any such articles to be thereafter delivered at retail, without a license for such pur- pose, under a penalty of not less than five, nor more than twenty* dollars. The selling, offering for sale or soliciting orders for present or future sale or present or future delivery of any such articles, by any person remaining transiently in the City, for the purpose aforesaid, whether in any temporary place of busin Len or r otherwise, shall be deemed a violation of this ordinance. for this purpose above stated may be authorized by the Mayor who shall at his discretion fix the sum to be paid therefor audits duration. REVISED i'IT ORn1NAACE3. a. All persons selling goods by sample, or taking orders for goods to be thereafter delivered, and not residents of this city, shall be taxed not less than five, nor more than ten dollars per an- nnin, at the discretion of the Mayor. I:Yl1I13ITiONS. SEcTinn 16. No person slia11 exhibit to public view for gain within the limits of the City of Dubuque, any animal, or ani- mals, wax or other figures, or painting, teats of circus riding, rope or wire walking, or dancing, or give any concert, musical or tlieatrica.l entertainment, where money or other thing of value is charged for .uhnission thereto, without a license therefor, under a penalty of not less than five dollars, nor more than fifty dol- lars. And licenses therefor may be authorized by the 111ayor, if the exhibition will not injuriously affect the morals of the peo- ple, or offend against the rules of decency and good order ; and he shall, at his discretion, fix the sum to be paid for such license, and specify the time 'of its duration. But no circus, menagerie, or other show, shall be licensed to show or perform within two blocks of any school house in the city. CIIAPTER XXIII* AN ORDINANCE in relation to licenses of and regulating Inn-ieep- ers, Runners for Hotels, Hack Drivers, and Express Alen. SEC. 1. Inn -keepers license. - SEC. 3. Hack Drivers, Hotel and Express- 2. Runners for Hotels and Boarding men. INN KEEPERS. SEc. 1. No person shall carry on or pursue the business of an inn -keeper, without a license therefor, under a penalty of not less than five, nor more than fifty dollars. An inn -keeper shall be deemed any person who keeps a house of public entertainment nd for a compensation, fnriEishes lodging or provisions, or both 'travelers and others. Th:rc shall be taxed and collected by (9) m vI.9,l1) CITY oRDIN.ANCIr,B, thi! city, fol' a license, to pursue tiie business of aII inn -keeper, the sine of fifteen dollars. a. No person shall owls, keep or conduct a restaurant with- out a license therefor, under .a penalty of ten dollars, ti,r each day. A restaurant shall be deemed any eating House, or other place where any kind of food or eatable is sold, to be eaten at the place of sale. There shall be taxed and collected by the city, for a license to keep a restaurant, the sum of five dollars. ReNNI•:Rs FOR HOTELS AND BOALRDDING HOUSES. SECTION- 2. Tliat from and after the taking et -Yet of this ordinance it shall be unlawful for any runner of any hotel or boarding louse to solicit passengers at any railroad depot or steamboat, landing, within said city, without first procuring a license authorizing-, tim so to do, in than twenty-five for elty of not less ach offense. than five nor More t a. That for each license granted fur the purpose aforesaid there shall be charged and collected the sure of twenty-five dollars. HACK DRIVEIRS, HOTEL. AND EXI'RESS 3tEN SEe. 3. That from and after the taking effect of this ordin- ance, it shall be unlawful for any, driver of any hack, omnibus or express wagon, or ally runner for any hack, omnibus or Hotel, to solicit passengers at any railroad depot or steamboat landing, without having a badge of metal on the right breast of the outer coat., or on the band of the hat or cap. a. The badge worn by hotel runners shall bear the name of the hotel for which they are soliciting custom. That wore by omnibus drivers or runner the word "Omnibus." That wofo rrletb r y hack or expressuien, the word "Hack" or Express, g with the number of the hack or express wagon. b. Any person violating the provisions of this ordin- ance, shall on conviction, be fined not less than one, nor more than five dollars. :REVISED CITY ol1i11NANU11'. CHAPTER XXIV. AN ORDINANCE to regulate the manner of fixing and changing grades in the City of Dubuque. Sac. 1. Grades estahliahed. SEC. 5. City Council to change. Confirmed by Council. T. Commis,i.oners appointed. 3. City Engineer to prepare survey. 8. Council to approve or reject. 4, To give five days notice to papers. 8. Claim for damages. 5. Notice of change served. lie it Ordained by the City Council of the City of Dubuque SECTION I. That every grade Hereafter weed upuii for ally s:.rcet, alley or highway, within the boundaries of said city, shall lie fixed and established by a resolution of the City Council adopted after the subject of such grade has been referred to aI committee, and a report made thereon, accompanied by 11 profile from actual survey by the City Engineer, and all grades so fixed, shall be duly established and recorded with the profiles thereof, ill it suitable book to be prepared and kept by the I1/2c rrdei', and entitled "Tlie Grade Book." Sec. •'. That any or all of the grades heretofore fixed by the City Counc 1, may be collectively or severally sanctioned and con- firmed under the authority Id this ordinance, by resolution of the City C'oililcil, and when so sanctioned and confirmed, shall lie in like manner recorded, if the same, has, not been previously recorded. Sicc. 3. That whenever any application is made to the City Council to change any of tile established grades of any street, alley, avenue or highway in the City of Dubuque, the City Council shall. it' deemed expedient by them to change such grade, by resolution, direct the City Engineer to prepare from an actual survey a profile showing the established grade, and also the grade as proposed and file the salve with the City Recorder. th Slic. 4. That as soon as such profile shall be filed in the office of the 1�eeolder, lie shall give public notice by an advertiseniont, for sit least five days in the official papers, that such proposed ell;allge of grade will be considered at the next meeting of the City Council, which shall be held not less than fifteen days after fiS REVISED C3'rT [.1itII1NA10ES. the date of the first publication of suc.lh notice; and that all persons claiming damages by reason of such proposed change of grade, must file their claim for damages before such meeting, with the City 'Recorder. SEC. 5. That the City Recorder shall also cause printed or writ- ten copies of such notice to be served by the Marshal, on the occupant of each building efleeted by such proposed change of grade on the line of the street, alley, avenue or highway, by leaving such notice at the dwellin, or place of business of sueh occupant at least ten days before the meeting of the City Coun- cil. SEc. h. That the City Council shall at the next tweeting which shall be held after the expiration of fifteen days from the first publication of such hhotiee, if Rio claims tor damages have been filed, proceed to consider the change of grade, and to either establish or rejee.t the proposed change, and in case the change be established, to order the same to be recorded in the grade book, by the City Engineer, and in ease any claims for damages be filed, further action upon such proposed change shall be post- poned from time to time until the proceedin.ps of the appraise- nnent of damages are had as prescribed in the next section . SEC. 7. In case any claim for damages be filed with the Recorder, the City Council sh all appoint, to assess said dalna.ges, three commissioners, who shall be disinterested freeholders, who shall be sworn to discharge their duty to the beat of their ability, and before they shall enter upon the discharge of thgned itbduty,ue com- missioners, Council shall cause notice to be for three weeks in the official paper of the city. giving the time and place of their meeting for the purpose of viewing the premises and making assessment of damages. The City Council shall haw power to remove either or all of the commissioners so appointed, and from time to time appoint others in the places of such as may be removed, refuse, neglect.. or be unable from any cause to serve. SEC. S. At the next meeting of the City Council held after the REVISED C11'1- OI-I)INA.NO1-8. Fig alppraisement of dalliages shall be completed and returned to the City Recorder, the same shall be considered and if such appraise- ment be annulled, all previous proceedings shall be void, and no farther proceedings shall be had in the 'natter. But if such appraisement he confirmed an order of confirmation shall be en- tered and the City Engineer shall record the proposed change of grade in the grade book, and from and after the recording of said new grade, the same shall be the established grade of said street, alley, avenue Or highway. Upon the entering of the order of confirmation of such appraiseuhent the Recorder shall forthwith furnish the Treasurer with a certified copy thereof, and the Treasurer shall thereupon set apart the amount of the x.ppraiseinent of each claimant, and keep the same separate in the treasury to be paid to the person entitled thereto, upon presentation of a receipt duly executed, which setting apart of the looney in the treasury shall be equivaleut to payment. SEE. 9. All claim's for damages presented under this ordinance shall he in Avriting, and shall specify the. property for which damages are claimed, and also state the name and residence of the owner of the premises. CHAPTER XXV. ORDINANCE to provide for the opening, altering, or annulling streets, alleys, and highways in the City of Dubuque. Couaoil to open or alter streets. SF[;. 5. Murat defray expenses. S. Engineer to give notice. Council must secure deeds. 3. Council to hear objections. 7. City Marshal to upon. 4. Jury to assess damages. S. City Council may annul. Reif Ordained by fhc City Council of the City of Dubuque; SEe:Tlon 1. That whenever the . City Council deers it advis- able to tay out, open, widen, extend or alter, any street, alley or highway, in the city, they shall by resolution, direct the City Engineer to snake a survey and plat of such proposed im- provement, :showing tlhe ]and or lots, through or over which the Fame is proposed to be shade; the names of the owners thereof: and the quantity of laud proposed to be taken. And when such jll 1 v1SEn l'1TT oHnIx.tti['r s. plat is completed, it shall he filed in said engineer's office, :and he suhjeet to public inspection. SEC. 2. After such plat is thus filed, the engineer shall give personal notice in writing to all resident owners of the property, through or over which such improvement isproposecl to be made; and to all non-resident owners of such property, by publication of the notice for ten days in the official paper of the city; that at the next session of the council occurring after the lapse of two weeks from the date of such notice, it will be determined by said council, whether such proposed improvement shall be nla.de or not, and require them tv appear before said council at that time, and show cause, if any they have, why the contemplated im- provement should not be made. The evidence of service and of publication of such notice. shall be filed by the engineer, in th e Recorder's office, where it shall be preserved. Sze. 3. At the next regular session of the council, occurring ar't.er completed service of the notice above specified, the City Council, after hearing- the objections thereto, may, if they deem it advisable to lacy out, open, widen, extend or alter, such street, alley or highway, by resolution order the City Recorder to issue a venire to the City Marshal, and to furnish hint with the names ut' t.he owner; of property as furnished and returned by the City Engineer, and commanding him to summon a jury of twelve freeholders, citizens of said city not directly interested, to appear at a time and place therein stated, which shall not be less than live days from the date thereof ; and the Marshal shall also give the persons named in snc.11 list as aforesaid, (provided tliey be residents of the city) notice in writing of the time and place,. when and where the jury so summoned will appear. And in case any person named in such list so furnished to said ylarshal, shall be a non-resident of the city, or unknown, he shall give such notice by publication in the official papers ofllthe l city ba.t for at t least two weeks, the last publication of wilic five days before the time fixed for the meeting of such jury, stating the purpose for which they are summoned and � di lected to such person; and any such person not appearing 1 12.].v1S ) [a'I'F ORIDIKANCES. 71 of notice as above prescribed, shall not thereafter be permitted to raise any objection to the jurors so summoned, or to any as- sessment they may make. Any such person who may appear in pursuance of such notice, may object to any of the jury so sum- moned, tier ,any good cause shown, and the _Marshal shall decide on all objections raised, but shall not allow more than three per- ernptor'y challenges to any snch jury. SEC. 4. That on the day so specified in the venire, the jury so sntntnoned shall appear at the place designated; and if no objee- tion is made, or if' any one or more is objected to, and suchob- jection is overruled or it snstained and t.alismenare chosen in their places, the said jury, after being first duly sworn by some officer authorized to adlninstcr oaths, shall proceed to assess the dama- ges which any person may sustain by reason of opening, widen- ing, extending, or altering melt street, alley or Highway, and shall return such assessment in writing, subscribed by the jurors by whom the same shall be made, to the City .Marsha], to be by him delivered to the City Council. SEC. 5. Whenever any street, alley, or highway, is proposed to be laid out, opened widened, extended, or altered, for the ac- commodation of particular individuals, no action shall be had under such resolution until the person or persons interested in the opening, widening, laying out, extending, or altering such street, alley, or highway, shall have deposited in the city treasury a sufficient sun] of money to defray all expenses of surveying, platting, jury fees wind advertising, incurred or liable to be in- curred by s',ch opening, laying out, widening, altering or extending. SEC. 6. That if upon examination of the report of the En- gineer, 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 shrill pay the damges, if any, when collected, and shall procure from the owner or owners, proprietor or proprietors, deeds of re- linquishment therefor, and in case of the absence of any such pe1'soi], or other inability to procure such deed of relinquish- 1 7,) 3-:E t51•:13 i`1T - ov.DINAj['ES. meat by reason of such person refusing to execute the same, or for any other cause, the damages so awarded to any such. �h person, shall be allowed and et apart in the city treasury, paidto any such person on his demanding the same and presenting i to z t City Council such deed of relinquishment, which setting apart steal} be equivalent to payment. And the City Council shall thereupon proceed, and by resolution declare, 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. 7. Whenever any street, alley or highway in said city, • shall be laid out, opened, widened,sloe out ed 'r andldeii►derttnlall tlre be the dutyof the City Recorder to ir a City Marshal a copy of the order declaring the same to be a public highway, and it shall be the duty of the City Marshal thereupon forthwith to proceed and open the same, and in case any obstruction shall be found therein, it shall be his duty forth- with to notify the owner, or person in possession of any land or lot on which the salve may be found, to remove snclh obstruc- tion within ten days, and in case of refusal or neglect of any such person so to move the same, the City Marshal or Street Commissioner, shall proceed to remove the same. SEC. 8. That any pulpit highway in said city may be annull- ed in like manner by resolution of the City Council: Provided, That no street, alley or highway duly established, shall be alter- ed or annulled, until after the proposed action thereon, shall have been submitted to the City Council at two regular sessions. nor until ten days' notice thereof shall have been published in the city papers. REVISED CITY VRDIRA.tiC'ES. 73 CHAPTER XXV I . AN ORDINANCE to provide for improving the streets, alleys, and public landings, and for the construction and repair of sidewalks. SEC. 1. Council to order by resolution. 2. Engineer to prepare plans. 3. public notice for bids. 4. Council to levy tax. h. Examination of work. &. Sidewalks to be laid to Grade. 'l. Curbstones. S. Council to pass order. Site. 9. Done under Engineer. Id. Special tax to pay sidewalks. 11. After completed. 12. Recorder to deliver to Auditor. 13. Auditor to charge Treasurer. I4. Duty of Treasurer. L5. order drawn on Treasury. 16. Not effect cases now pending. Be it Ordained by the City Counct[ of the C 'ty'of Dubuque: SECTIorr 1. That whenever it shall be deemed by the Council expedient to grade, curb, pave, gravel, macadamize, gutter, or otherwise improve any street, avenue, alley, or public landing, or any part thereof, or to construct or repair any sidewalk, the council shall, by resolution order the same to be done; which resolution shall particularly specify the work to be done, and the street or part of the street to be improved; Provided. That no street shall be graded except the same be ordered to he done by the affirmative vote of two-thirds of the City Council. SEC. 2. The resolution ordering any improvement specified in the foregoing section, excepting sidewalks, shall also direct the City Engineer to prepare the proper plans and specifications for the improvement proposed to be rnade; and said Engineer shall forthwith prepare the same and submit there to the com- mittee of said council on streets, and if the same be approved by said committee they shall be filed in the office of the City Recorder. It shall also be the duty of the Engineer to prepare estimates of the cost of the proposed improvement and file the same with the Recorder for the inspection of the City Council. SEC. 3. That as soon as said plans and said specifications are filed itl the office of the Laity Recorder he shall, without further order° from the Council, give public notice by an advertisement of at least five days in the official papers of the city, that at the next session of the Council bids will be received by the said Coilndil terr the doing of the work in accordance with such plans and zpecifieations. .(lo) 4 REVISED CITY 0fan N.A I; CES. .SEC. 4. At the meeting of the Council at which bids are to be received, such. bids shall be opened and the contract awarded as to the Council. shall seem proper; Provided, That iu all con- tracts let for snch improvement it shall be stipulated that the City shall levy a special tax ou the abutting property sufficient to pay for such improvement, (excepting for grading' and the construction of sewers, which shall be paid out of the general funds of the City,) and shall proceed to collect the same in the manner herein pointed ont, and pay the same over to the con- tractor as soon as collected, but that the contractor shall waive all recourse on the City for payment under such contract to the amount of such tax. SEC. 5. Tliat as soon as practicable after the expiration of the time specified in the contract, within which the improve- ment is to be completed, the committee of the Council on streets shall make an examination of the work, and if the same. be not completed, or not done in the manner provided in the contract, said committee may direct the Street Commissioner to complete the swine in the manner provided in the contract, and the expen- ses of completing the same shall be deducted from whatever looney may be corning to the contractor ender his contract, or said committee may report the ease to the City Council for their action; and if said committee find the work completed in accordance with their contract, they shall accept the same from the contractor and so report to the City Council. SFr. 6. That all sidewalks hereafter paved or laid, shall be laid to the established grade, or, if no grade shall be established. to such temporary grade as may be given by the City Engineer. Unless otherwise specified in the resolution of the City Council ordering the same to be laid, they shall be built of brick, or stone or plank, at the option of the owner in front of whose lot of land snch sidewalk shall be laid ; if of brick, they shall be made of good, substantial, hard brick ; if of stone, the same shall not he less than two inches thick, and dressed square, with hammered or square surface ; such brick or stone shall be laid on a bed of sand at least four inches thick, even at the top, to be range work, REVISED CITY ORDINANCES. with close joints, full width of sidewalk ; when of plank, the salve shall he not less than two inches thick, square edge, even surface, closely jointed, and of good, sound material ; and unless a different width shall be specified in the resolution, shall he laid crosswise with the sidewalk to full width ; and all sidewalks laid to full width shall incline to the top of the curbing at the rate of one-half inch to the foot. SEc. [. That the tops of all curb stones hereafter set shall correspond to the grade of the street, 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 he forty feet. wide, and on all other streets the curb stones shall he set at a distance from the line of the street of one -fifth part of the whole width of the street. SEC. 8. That whenever it shall be deemed expedient by the City Council to grade, pave or lay the sidewalk on any street, al- ley or avenue, or any part thereof, within the limits of said City, said Council shall pass an order to that effect, which order shall set fortli the particular locality Avhere such grading or paving is required to be done, and the time allowed for completing the salve ; and the publication of such order in one of the newspa- pers in the City for one week shall be deemed sufficient notice to the owners or holders of lots abutting on any street, alley or avenue, where such grading or paring is to be done as therein specified. SEC. 9. All such grading, paving and laying shall be in eon- thiinity with the grade of the street, alley or avenue (unless other- wise ordered) and done under the direction of the City Engineer, and all expenses of paving and laying of any sidewalk shall be paid by the owners of the lots abutting where such grading, pav- ing or laying is to be done ; provided, that the cost of sidewalks laid to temporary grade shall not exceed the sum of forty cents per !ideal foot. 10. If the owner or holder of any lot, or part of lot, shah neglect to pave or lay his sidewalk in conformity with the REVISED CITY ORDINANCES. order of the City Council, published as aforesaid, the City Engi- neer shall contract for the sank to be done at the expense of the City and shall slake his report of the expels thereof to the City Council, and if the same be approved by said Council they shall for -with levy a special tax on each lot or part. of lot abutting on such improvement sufficient to pay the costs of the improvement made in front thereof, and shall proceed to collect the same in the same manner as is herein provided for the collection of taxes levied for other street improvement. The City- Engineer shall let such contract to the lowest responsible bidder after adver- tising for bids for at least five days in the official papers of the City. SE o. 11. As soon as practicable after the work shall be com- pleted and aecepted by the Council, they shall levy a special t.ax on the several lots or parcels of real estate, abutting or adjoining such improvement, sufficient to pay costs and expenses of the same. The resolution by which such tax shall be levied shall specify the name of the street, the number of the lots, the alnount of taxes levied on each, and the name of the contractor for whose benefit such levy is Made. SEC. 12. The City Recorder shall, without delay, after the passage of the resolution of the City Council levying a tax, make nut and deliver to the City Auditor a duly certified et py of such resolution, and take his receipt therefor, which he shall tile and preserve in his office. SEC. 13. The City Auditor, upon receiving a certified copy of such resolution, shall tbrthwith enter upon the "special assess- ment book" kept by the Treasurer the special tax so levied by the Council and shall charge the Treasurer therewith. Such special tax shall be payable by the owner or owners of the land at the time of the assessment, personally, and shall be a lien upon the respective lots or parcels of land from the time of the assess- ment. SEe. 14. It shall be the duty of the Treasurer forthwith to give notice by one publication in the official papers •of the city, that IREVISED CITY ORDINANCES. such. tax has been assessed and that in ease of failure to pay the salve within ten days from the date of such publication, t]ie same shall be delinquent and shall bear interest at the stone rate as the delinquent regular city taxes, and he shall proceed to collect the same at the same time, and in the same manner as the regu- lar taxes are collected, and if any special tax be not paid before the next ensuing sale of property for delinquent t.ax he shall ad- vertise and sell any property against which any special assess- ment shall remain unpaid, under the same rules and regulations as property delinquent for the regular city taxes. SEC. 1a. That at the next regular session of the City Council, after such special tax shall have become delinquent as provided for in section 14 of this ordinance, they shall cause orders to be drawn on the City- Treasurer in favor of such contractor or eon- traetors for the amount of such. work fi.und to be delinquent and unpaid. SEC. 16. _Nothing herein contained shall prevent the rendi- tion of judgment in cases now pending lit any Court for such special taxes, or the collection of the same, together with. cost and penalty under the provisions of the ordinance hereby amend- ed, or prevent the collection of special assessments in. the man- ner provided for in contracts heretofore glade. CHAPTER XXVII. AN ORDINANCE regulating the Repairing of Sidewalks. Sic. 1 Engineer to establish grade. 3 Curbstones. 3. Six boors notice to repair. SEC. 4. Street Commissioner. 5. Assessment on property. Be it Ordained by the City Council of the City of Dubuque : SEc. 1. That all sidewalks hereafter paved or repaired, shall be laid to the established grade, or if no grade shall be establish- ed, to such temporary grade as may be given by the City E1igi- lleer. Unless otherwise specified in the resolution of the City Council ordering the sarne to be laid, they shall be built of brick or stone, or plank, at the option of the owlier of the property in IS REViSEr) czry oRnrN c1-'s. front of whose lot of land such sidewalk shall belaid ; if of brick, they shall be made of good, substantial, hard brick ; if of stone the salve shall not be less than two inches thick, and dressed square, with hammered or square surface ; such brick or stone shall be laid on a bed of sand at least fbur inches thick, even at the top, to be range work, with close joints, full width of side- walk ; when of plank, the same shall be not less than two inches thick, square edge, even surface, closely joined, and of good sound material ; and unless a different width shall be specified in the resolution, shall be laid cross -wise with the sidewalk to the full width ; and all sidewalks laid to the full width, shall incline to the top of the curbing at the rate of one-half inch to the foot. SEC. 2. That the tops of all curb -stones hereafter set, shall correspond to the grade of the street, 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 alI 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. 3. That whenever it shall be deemed necessary or expe- dient by the City Marshal or Street Commissioner of the City of Dubuque, to repair the sidewalk on any street., alley or avenue or any part thereof, within the limits of said city, said Marshal or Street Commissioner shall give to the owners of each or any lot abutting upon the street, alley or avenue, where said side- walk is to be repaired, a notice of not less than six hours, requir- ing said owner or owners to repair said sidewalk, or any portion thereof under the direction of said City Marshal or Street Com- missioner, and in the event of his or their failing so to do, the said City Marshal or Street Commissioner to repair the same at the expense of said abutting property and owners thereof, and to report the same to the City Council, who shall assess and tax up the same against said property and owners thereof. SEC. 4. That if the owner, or owners, or agent thereof, can- not be found in the City of Dubuque at the time said repairs up - REVISED CITT ORDINANCES. on said sidewalks or walks are required to be made, then and in that event said City Marshal or Street Comnlissionershall repair said sidewalk or walks, or any portion thereof, without further notice at the expense of' the abutting property and owners there- of, in the manner as provided in the third section hereof. Sac. 5. T]iat after the assesslnentand levy of the taxes, as here- inbefbre provided, for the purposes aforesaid, the City Treasurer shall offer said property fbr sale for the payment of said taxes at the annual tax sale for the payment of delinquent taxes. CHIAPTER XX III. AN ORDINANCE to require the filling up and raising of Lots to pre- vent Stagnant Water thereon. SEC. 1. Lots to be filled up to prevent stagnant water remaining on same. Be it Ordained by the City Council of the City of Dubuque : SECTION 1. That the City Connell may, at any time, by reso- lution, 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 comple- tion of the work. Upon the passage of such resolution, a copy thereof shall be issued by the City Recorder, 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-resi- dent owners, notice shall be given by publication in the official papers of the city, for the period of two weeks. And if any owner or owners of any lot or lots shall, after such notice of pub- lication, 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 he done at the REVISED CITY ORDINANCES. expense of the city, and assess the cost thereof with the inciden- tal ex.penses on the lot or lots respectively, and the City Record- er shall forthwith snake out and prepare an assessment roll thereof, on which shall appear the numbers or description of such lots, names of owners when known, cost of tiling np, and other expenses incidental to the work and shall deliver the salve to the City Council, and said council may, after slaving examined and approved of the same, levy and assess such costs and expenses against the premises chargeable therewith., and may order that suit be instituted in any court having jurisdiction, to subject the property to the payment of such assessment. CHAPTER XXIX. AN ORDINANCE relating to the obstruction of streets, alleys, and sidewalks. li SPX. 1. Porch not to extend over four feet. 2. Cellar door nut to extend over five feet. 3. Windows not to extend over twen- ty four ineltes. 4. No sign post to remain on side- . 5. Awnings must be eight feet high. 8. Goods hat to be placed on side- walk. 7. Goods not to extend over three feet. 8. No sign or show bill to bang on sidewalk. 9. Mayor or Marshal to remove. 10. No person to drive over sidewalk. 11. Crosswalks to be kept free. 12. Borses not be fastened so as to ob- struct walk. 13. Lumber or stone not to be placed on walk. 14. Fined St to $50. 15. obstruction of streets punished. Sr:e. l8. Trees planted two feet from ne. 17. In luring, sidowel'rs punished. 18. Must get permission from Mayor. 19. Lantern to be placed on open sewer. 20. Vaults to be brick or stone. 21. To be built within time directed by Mayor. 24. Sidewalks cleaned by ten o'clock. 23. Construction of pipe. 21. Removal of gravel punished. 25. Must not drive on sidewalk. 26. Permit required to remove build- ing. 27. Building not to remain longer theo one day. 28. Wagons not to remain on side- walk. 29. Builders obstructing streets pun- ished. 30. Encroaching an t•trcet punished. 31. To be removed within thirty days. Be it Ordained by the City Council of the City of Dubuque SECTION 1. That no porch, gallery, stoop, or platform, shall be allowed to extend into or upon any sidewalk, more than four feet, and no railing on any sidewalk shall exceed four feet in width from the building; and any violation hereof shall subject the offender to a penalty of five dollars, and to a like penalty for every day such violation shall continue after the first convic- tion. 1 REVISED CITY ORDINANCES. 81 Sr.u. 2. That no cellar door fbr mercantile or other establish- ments, used for receiving goods or other purposes, shall extend ,o as to occupy more than five feet of any sidewalk, and are always to be kept shut, and secure, when not open for immediate use, lender a penalty in each case of five dollars, for each and every offense. SIia. 3. Thaat no bow -window, or other window, shall extend into any sidewalk more than twenty-fbnr inches; nor shall any sign project from any store or other building,, into or over any sidewalk or street, more than three feet., under a penalty of five dollars for each offense to any person violating the provisions or this section, and to a like penalty for every day such violation shall continue, after notice to remove the same shall be given by the Marshal. And all signs heretofore erected or placed over the sidewalk, shall be removed within ten days after such notice, under a like penalty. Si'.o. 4. That no sign or other posts, shall be erected or placed on or upon any sidewalk, or street, or other public way, within the city limits; or, if heretofore erected, shall be permitted to remain on or upon any sidewalk, or street, or other public way, under a penalty of five dollars; and a like penalty for every day such post shall be allowed to remain after notice to remove the same shall be given to the owner or occupant of the premises by the City _Marshal; but 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; every such post so erected shall be not more than eight inches, nor less than six inches in diameter, and not exceed tour feet in height, and placed in to line with the outer edge of the sidewalk. Sne. a. That all awnings hereafter erected, shall be elevated at least: eight feet at the lowest part thereof above the top of the sidewalk, and shall he supported withont posts, by iron brackets, or in- iron frame -work attached firmly to the building, so as to leave the sidewalk wholly unobstructed thereby. All awnings heretofore erected in a different manner, shall be removed in a (llj 82 1IX1SEI CITY ORII.N:1NCEs. reasonable time after notice, as herein specified. If any person shall erect any awning contrary to the provisions hereof, or shall refuse or neglect forthwith to remove any awning or awning posts, after notice in writing shall be given him by the Marshal, to remove the same, he shall be subject to a fine of five dollars, and a further penalty of five dollars for each day he shall fail to remove the same, after the lapse of five days from the service thereof. SEC. 6. Tliat no person shall place any goods or merchandise for sale or exhibition, upon any sidewalk, or suspend any goods over the salve for sale or show, except as provided in the next section, or place or deposit thereon, cause or suffer the salve to be done, any Bask, barrel, wood, stove, or any other article what- ever, under a penalty of five dollars for each offense, and a like penalty for each and every hour the same shall remain after notice from the Marshal to remove the same. Sac. '7. That it shall be lawful for any person to place, hang, or set out for sale any goods, wares or merchandise, on or over the sidewalk, in front of and within three feet of his store or build- ing, ; it shall also be lawful for any person to price or leave for a period not exceeding one hour, on three feet of the outer edge of the sidewalk in front of his store or building any goods, wares or merchandise, which. the shall be in the act of receiving or delivering. SEC. S. That no owner or occupant of any dwelling horse, store, or other building, shall fix, put up, or erect, or suffer die same to remain fixed, put up, or erected, ally sign, show bill, show case, canvass, or other thing projecting from any building, or hanging over the sidewalk more than three feet in front of and from the wall of such building, under a penalty of five dollars for each offense, and a like penalty for each day the satire shall remain, after notice from the Marshal to remove the salve. SEC. 9. That the 'Mayor or A'iarshal, is hereby authorized to cause any post., awning or other obstruction erected, placed or continued on, or over any sidewalk, contrary to the provisions REVISE]] CITY oRDIN.NOES. 83 hereof, to be removed, after due notice has been given to remove the same. and a neglect to comply with such notice. SEC. 10. That rlo person or persons., shall drive or back any horse, wagon, cart, or other vehicle on any sidewalk, or ride, drive or use any horse, wagon, sled or sleigh thereon, unless it be in crossing the same, to go into a yard or lot, when no other suit- able crossing or means of access is provided, under a penalty of two dollars for each offense. SEC. 11. That all cross -walks in the city shall be kept and reserved free from any sleigh, wagoll, carts or carriages, horses or other an i vials, being placed or suffered to stand thereon, except so far as may- be necessary, in crossing the same; and the owner or driver of any sleigh, ex.rt or carriage, or horses or other ani- mals offending' herein, shall be subject to a penalty of two dollars. SEC. 12. That no person shall at any time fasten any horse or horses, in such a way that the horse, vehicle, reins or lines shall be an obstacle to the free use of the sidewalk or cross -walk, under a penalty of one dollar for each offense; 'aLn(] the person in whose possession or use, such horse or horses shall then be, shall be deemed the offender, unless he can show to the contrary to the magistrate before whom he shall be prosecuted. SEO. 13. That whoever shall in this city, place or cause to be placed upon any of the streets, dleys, sidewalks or public squares, any cord wood, timber, lumber, stone or any other species of property or thing, and shall suffer the same to remain More than twenty-four flours after being notified by the Marshal to remove the same, shall be fined not less than one nor more than fifty dollars. Six. 14. That whoever shall in this city, place or cause to be placed upon any of the public streets, alleys, sidewalks, squares or thoroughfares, or upon the premises of any other person, or upon any vacant lot, any filth, carrion, trash, or nuisance of any kind, shall be fined not less than one, nor more than fifty dollars. t 1 iik,vrsEU err- uRDE.NANcr:s. REVISED CITY ORDINANCES. 85 SEc. 15. That whoever shall in any way obstruct any street, alley, road or thoroughfare, by placing therein any timber, stone or other thing, or in any other manner so as to hinder the travel_ ing thereon, or render the name dangerous, shall be fined not less than one, nor more than fifty dollars. SEC. 16. That all ornarnental or shade trees hereafter placed or set out in any street shall be placed or set ont within the. outer lines of the sidewalk, and within two feet of said outer line of the sidewalk of such street, and every person placing, or causing or procuring t.n be placed, any tree contrary to the provisions of this section shall be fined not less than one, nor more thuuu ter. dollars. SEC. 17. That any person who shall injure or tear up any pavement, side or cross -walk, drain or sewer, or any part thereof, or who shall dig any hole, ditch or drain, in any street, pave- ment or sidewalk without the written permission of the Mayor, or who shall hinder or obstruct the making or repairing of any pavement, side or cross -walk, which. is or may be making under any ordinance or resolution of the City Council, or shall hinder or obstruct any person employed by the city, its Street Com- missioner, or Marshal, in snaking or repairing any public irn- provernent or work ordered by the Council, the Street Commis- sioner, or Marshal, shall for each and every offense be fined not less than five, nor more than fifty dollars. SEC. 18. That no person shall construct, or cause to be con- structed or made, any sewer, vault, cistern or well, in or under any street or alley in this city, without the written permission of the Mayor, under a penalty of not less than ten, nor more than fifty dollars. SEo. 19. That whenever permission is given any person to construct any such sewer, vault, cistern or well, as is mentioned in the last section, the person making or having charge of such sewer, vault, cistern or well, shall, daring the whole of' every night, while such sewer, vault, cistern or well shall be opened ar Eincovered„ fence the same with a good substantial fence, and cause a lighted lamp or lantern to be placed and kept near the satire, so that it may be plainly seen; and every such owner, oc- cupant or person snaking or having in charge such work, who shall neglect the requirements of this section shall forfeit a pen- alty of twenty-five dollars. SEc. 20. That all vaults under sidewalks in this city shall be built of brick or stone, and the outward side of the grating or opening into the street, shall be within one toot of the outside of the curbstone of the sidewalk; and all such vaults shall be completed, aiud the ground and sidewalk replaced over them within two weeks after they are respectively commenced, and every person neglecting any of the provisions of this section shall forfeit and pay the surn of twenty-five dollars. SEC. 21. That whenever permission shall be given to any per- son to lay any drain, sewer, gas pipe or aequeduct along or in any street or alley, or to dig or take up any street or alley, pavement or sidewalk, he shall cause the same to be done in such manner and within such time as the Mayor shall direct; and shall cause the same to be rebuilt and relaid in as substantial and perma- nent a manner as the same was before, under a penalty of twenty- five dollars. Sur... 22. That all persons shall, by ten o'clock every morning, remove all snow, ice and dirt, fr•orn the sidewalks in front of the premises owned or occupied by them, under a penalty of one dollar for each and every neglect. SEC. 23. That all persons owning or occupying any building in this city, shall cause the pipes conducting the water from the eaves of the building to be so constructed as not to spread the water over the sidewalk; and every person neglecting the re- quirement of this section, shalt be snbject to a fine of ten dollars. SEC. 24. That whoever shall in this city, dig up or remove any sand, earth, gravel, stone or rock, arose any of the streets, alleys, sidewalks, wharves or thoroughfares, or from any public square, or lot or ground belonging to the city, without the consent of the 86 RSVISTrD CITY f111DTNA. CFS. City Council, shall be subject to a fine of not less than five, nor more than fifty dollars. SEC. 25. That whoever shall in this city ride, drive, lead, or place any beast of burden, or vehicle, on any paved sidewalk or footway, otherwise than going into or ont of the premises owned or occupiers by him or his employer, shall be fined not less than one, nor more than ten dollars. SEC. 26. That no person shall remove, or cause, or permit to be removed, or shall aid or assist in removing any buikling into, along or across any street i11 this city, without the written per- mission of the Mayor, under a penalty of ten dollars. SEC. 27. That no person, owner of any building permitted to be removed into, along or across any street, alley, or public ground, nor the contractor for moving such ll' ilding, shall suffer or permit such building to remain in any street, ftlley or public ground for a longer time than one Clay after notice from the Marshal to remove the same, under a penalty of five dollars for each offense. Sec. 28. That no owner or occupant of any livery stable, wagon or blacksmith shop, or other place of business, shall suf- fer any wagon, cart, dray, carriage or other vehicle, whether left for safe keeping repair or otherwise, to be or remain o11 the side- walk or alley adjoining or fronting any such premises, nor on that halt of the street. adjoining or fronting the same, under a penalty of one dollar for each and every offense. SEC. 29. That no builder or other person shall ineumber or obstruct any street or alley with building or other like material, without a written permit from the Mayor; nor shall, except in case of urgent necessity, lncumber or obstruct more than one- third of any street or alley, or one-half of the sidewalk; nor shall such obstruction continue in any case longer than may be necessary in the diligent erection of such building, or the prompt execution of the work; whoever shall violate any of the proVis- 1(I3'ISED CITY ORDINANCES. 87 ions of this section shall be subject to a penalty of five dollars for each day he shall continue ill violation thereof. SEC. 30. No person shall snake or cause to be made, any erec- tion or enclosure encroaching in whole or in part upon any street, alley or sidewalk, under a penalty of not lais than ten dollars, and a like penalty for each day the salve shall remain after no- tice from the Marshal to remove the same. SEC . 31. The owner of any erection or enclosure already erected or placed and encroaching upon any street or alley, who shall not remove the same after thirty days' notice by the Mar- shal, shall be subject to a penalty of not less than ten dollars, and a like penalty for each day he shall fail to comply with such notice. CHAPTER XXX. AN ORDINANCE defining offenses therefor. SEI3. 1. Disturbing the peace. 2. intoxication. 3. Disorderly conduct. 4. False alarm tire. :1. Exposure of person. li. ob-cent books. 7. Obscene figures. 8. Indecently- exhibiting animals. 0. Maltreating dumb animals. 10. -injuring public property. 11. Injuring monuments. 12. Breaking street lamps. 13. Not to li;;lat street lamps. 14. Not to climb lamp posts. 15. Not to injure °as or waterpipes. and prescribing the punishment SEC. 16. Not to fasten animals to trees. 17. Fact driving punished. 16. horses must be fastened. 10. Vehicles must turn to right. 20. Not to discharge firearms. 21. How poi -on is to be sold. 22. Sate of diseased meat. 23. Loitering about streets. 24. Houses of ill -lance. 25. Loitering about houses of ill - fame. 20. Disturbing lawful assemblage. 27. Profane language. 28. Charivari. 2-3. Bathingin Mississippi ricer. 11e it Ordained by the City Council of the City of Dubuque : SnorIoN 1. That any two or more persons who shall assemble at any place within the city for the purpose of disturbing the peace, or of committing any unlawful act, and who shall not dis- perse when commanded or requested by any peace officer, shall each severally be subject to a penalty of not 'ess than five, nor more than fifty dollars. Sc,E2. That whoever shall be found in any street, alley or public square of'the city, intoxicated with liquor, or shall will- SS REVISED CITY ORDINANCES. hilly and maliciously disturb the peace or quiet of the city, by nicking load or unusual noises, or tumultuous threatening, or offensive carriage, by fighting, or threatening to fight, or in any other manner, shall be fined not less than five, nor more than fifty dollars. SEc. 3. That whoever shall at nuy public meeting or other assembly, or in any hotel, tavern, store, shop, or other place of business or private residence, be guilty of any violent, tumultu- ous, offensive or disorderly conduct, or shall make any loud or unusual noise or disturbance; or shall use obscene, offensive, profane or unseemly language, to the annoyance, disturbance or vexation of others, shall be subject to a penalty of not less than one, nor more than fifty dollars. SI•:o. 4. That whoever shall make a false alarm of fire, or any false city tor assistance, shall be fined not less than five, nor more than fifty dollar. SEC. 5. That whoever shall purposely or publicly make any indecent exposure of his or her person; or shall appear in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other in- decent or lewd act or behavior, shall be subject to a penalty of not less than five, nor more than fifty dollars. SEC. G That whoever shall sell, give, or offer for sale, any indecent, obscene or lewd book, picture, statue, or other like tiring; or shall exhibit or perform any indecent, obscene or lewd play, exhibition or other representation, shall be subject to a tine of not less than five, nor more than fifty dollars. SEC, 7. That whoever shall, in any place open to -public view, write, mark, draw, cut or snake any obscene, lewd or indecent word or sentence, design or figure, shall be subject to a fine of not less than five, nor more than fifty dollars. SEc. S. That whoever shall indecently exhibit any stud horse, bull, jackass, or other like animal in any public place, or shall let any such animal, except in some inclosed place out of public• REVISED CITY oaDIx11xC..S. 89 view, shall he subject to a fine of not less than five, nor more than fifty dollars. SEc. ll. That whoever shall inhumanly, cruelly or unneces- iu•ily beat, abuse, or otherwise maltreat any dumb animal, shall be subject to a fine of not less than five, nor more than fifty dollars. SEC. 10. That whoever shall wilfully, maliciously or negligently deface, break, destroy or injure any public property of the State, county or city, or any private property, shall be subject to a penalty of not less than five, nor more than one hundred dol- lars. Syr. 1 1. That whoever shall, without authority, carry away or remove ; or shall wilfully, maliciously, or negligently deface break, destroy, or injure any monument, tombstone, tree, shrub, railing, fence, for any other' property, article, or thing, belonging to any cemetery, orburyingground within the city, or placed or ereeted therein for ornament or otherwise ; or shall trespass on, or maltreat any grave therein, shall be subject to a fine of not less than live, nor more than one. hundred dollars, SEC. I?. That whoever shall wilfully, maliciously, or negli- gently deface, break, destroy, or injure any street lamp, lamp- post, telegraph post, or telegraph wire, shall be subject to a fine of not less than five, nor more than fifty dollars. Sic . 13. That whoever shall, without due authority, light, or extinguish any street lamp ; or shall turn on the gas therein, shall be subject- to a fine of not less than five, nor more than twenty dollars. Sac. .14. That whoever shall climb up any street lamp -post, .without lawful authority, or shall fasten any horse, or other ani- mal thereto ; or shall place any goods, boxes, wood or other sub- staiieet gasame, inst the sae, shall be fined riot less than five, nor more than fita't.y dollars, SEO. 1.5. That whoever shall wilfully destroy, or injure the Pipes of any gas -light, or water company, constructed fbr supply. (12) 90 REVISED CITY 0RIINANG'! S. ing the city or its citizens, with gas or water ; or shall remove or injure the cap or lid of any public cistern, shall be fined not less than five, nor Fiore than twenty dollars. SEC. 16. That whoever shall, without the consent of the own- er or occupant of the premises, fasten any horse, or other animal to any fence, railing, or tree, or to any boxing placed around any tree ; or shall wilfully, maliciously, or negligently, in any man- ner injure, deface, remove, or destroy any ornamental or shade tree, or boxing placed around the salve, or any shrub, fence rail- ing, gate or sign, upon any public grounds, sidewalks or pri- vate premises, or shall trespass on any private premises or pub- lic grounds. and injure, carry away, or destroy any tree, fruit, vegetable, plant, shrub, or other thing which may be therein for ornament, or otherwise, shall be subject to a penalty of not less than five, nor more than one hundred dollars. SEo. 17. That whoever shall purposely and rapidly, or im- moderately ride or drive any horse or mule, or cattle, or other like animal, or any teats, in any street or alley in the inhabited part of the city, shall be subject to a fine of not less than five, nor more than one hundred dollars. SEC. 18. That whoever shall leave any horse or mule, or any team in any nninclosed or public place, without being fastened, guarded, or secured, so as to prevent its running away, shall be fined not less than five, nor more than fifty dollars. SEe. 19. That all persons meeting each other in vehicles in the streets, alleys, or other public place, or upon, or near any bridge, shall, unless the nature or state of the roadway or pass - way shall render it impracticable, each turn to the right side of the road, so as to pass each other without accident or injury. Whoever shall violate the requirements of this section, shall be subject to a penalty of not less than five, nor more than fifty dol- lars. Srrc. 20. That any person, Who shall unnecessarily discharge any firearms, explode _ any fire -crackers, or other fire -works, or REVISED CITY on.nixSN(Es. 9i throw into any street, or alley, any squib, or other article contain- ing powder, or other explosive material, shall be subject to a fine of not less titan orie, nor more than ten dollars for each offence : x-roNied, That the City Council may, by resolution, suspend the operation of the preceding provisions of this section, in whole or in part, on the Fourth day of July, or any other day of pub- lic rejoicing. SEC. 21. That whoever shall keep, sell, or deliver any poison, usually known or used as deadly poison, without legibly mark- ing the name thereof, or the word "Poison," upon the phial, wrapper, or other inclosru'e containing the same ; or whoever shall sell, or deliver any arsenic. strychnine, prussic acid, or other poi- son usually known or used as a deadly poison, to any person known to him, without registering the name of such person, and the kind and quantity of the poison sold, or delivered, and the purpose for which time same was obtained ; or whoever shall sell or deliver any sueh poison to any person to him unknown, shall be subject to a penalty of not less than five, nor more than fifty dollars in each case. But. the sale or delivery of any such poison as medicine, npon the prescription of a practising physician, shall not be deemed a violation of this section. SEC. 22. That whoever shall sell, expose, or offer for sale, any sick or diseased animal, poultry, or fish, to be used or eaten for food ; or the flesh of a.ny sick, diseased, or otherwise unwhole- some dead animal, poultry, or fish ; or the flesh of any animal, fowl or fish, Ilot usually used or deemed wholesome for food ; or any other unsound or unwholesome provisions, or articles of fi,ocl whatever ; or any adulterated or pernicious milk, drink or liquors,, shall be subject to a penalty of not less than ten, nor more than fifty dollars for each offense ; and any officer of the city shall seize, or cause to be seized and destroyed, any such food, milk, drink or other provisions so exposed or offered for sale. Sm. 23. That any person found loitering about the streets of the city, without any legal occupation or business, or means 92 REVISED CITY ORDIN A tiCES. REVISED CITE [I.RDINANOEa. 93 of support, or who shall occupy fin' lodging, or any other p11r- pose, any barn, shed, shop, vessel or place, not kept for that pur- pose, without pe1'illission of the owner, or person entitled to possession thereof, shall be deemed a vagrant, and shall be pun- ished by a title of not less than five, nor more than fifty dollars, or by imprisonment in the county jail not more than thirty days. SEC. 24. That whoever shall keep, maintain, frequent, he an inmate of, or connected with, or contribute to the support of any disorderly, gaining, or bawdy house, house of ill -fame or assig- nation, or any place used for the practice of fornication ; or shall knowingly suffer, or permit any premises owned or ocenpied by him, or under his control to be used for any such purpose, shall be subject to a fine of not less than ten, nor more than fifty dollars. SEC. 25. That whoever shall be found in the city loitering about saloons, taverns, drain shops, of ]louses of ill -fame, or wan- dering about the streets, either by dal or by night., in a suspici- ous planner, or who shall have in his possession any implement used for counterfeiting, or for the commission of burglary, or for picking locks or pockets, or any other implement or device used by cheats and swindlers, without being able to give a good ac- count. of himself, shall be fined not less than ten, nor more than fifty dollars. Svc. :.i That whoever shall disturb any lawful assemblage of people by flute or indecent behavior, or otherwise, shall be fined not less than five, Igor more than fifty dollars. SEC. 27. That whoever shall, in any street, alley or other public place in the city, use any profane, offensive, obscene or un- seelnly language within the hearing of other persons, or shall iu any house, building or other place use such language in such a manner that the same may be heard by persons passing along the streets, shall be fined not less than one, nor more than twenty dollars. SEC. 28. That whoever shall, in this city, cllarivari any per- son or persons, by blowing horns, beating drums, kettles or pans, jingling bells, or by any such means as are used at what is com- monly e,alled a chariva.ri, shall be fined not less than five, nor more than twenty dollars. SEC. 29. That whoever shall battle or swim in the Mississ- ippi river, or in any other water course, pond or pool in the city, between one hour before sunrise and one hour after sunset, be- ing naked, or insufficiently clothed to prevent the improper ex- posure of his or her person, shall be fined not less than one, nor more than twenty dollars. CHAPTER XXXI. AN ORDINANCE to provide for the establishment of a City Police and to prescribe rules and regulations therefor. SEC. 1. Appointed by City Council. 2. Qualifications. 3. Tot,ikeoath. 9. Mayo' to suspend. 5. Have power to enter houses. 6. Huse power to enter with force 7. Mast he quiet and civil. 8. DO tact not take reward or gift. 9, Not to compound offenses. 10. Not to give information. 11. To wear insignia, of office. 12, Not he absent From duty. SEC. 13. Persons arrested to be taken be- fore justice. 14. Not to maltreat prisoners, 15. To enter charges to book. 16. To be taken before police court. 17. Hnckmen to obey- policemen. 18. Policemen to obey marshal. 19. Persons not to resist policemen. 20. Resistance punished. 21. Falsely representing punished. 22. Marshal and policeman to remove. obstructions from sidewalks, streets, &c. 23, To forfeit one dollar for neglect. Be it Ordained by the City Council of the City of _Dubuque SECTION 1 . That the City Council play at any time appoint such number of policemen and night watchmen as they may deem Necessary for the purpose of guarding and protecting the peace and quiet of the city, and the lives and property of its in- habitants; and such policemen and night watchmen shall, while on duty during the day time, be under the control and subject to the orders of the City Marsha], but during the night tune, and ill the absence of the Marshal, shall be under the exclusive eon - trot, and subject to the orders of a Captain of' Police, to be ap- pointed by the City Council, and such captain shall also be a policeman and subject to the orders of the Marshal, and shall report either to the Marshal or City Council any neglect of duty on the part of any policeman or watchman under his control. 94 REVISED Crh'] ORDI A ICES. • 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 language, and not interested or engaged in keeping arty tavern, saloon, coffee house, tenpin alley or beer shop, and shall hold their office during the will and pleasure of the City Council. SEC. 3. All police officers or watchmen shall, before entering 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 inhabi- tants of the city are carefully watched over and guarded and to prevent as far as may be in their power, the commission of any offense against persons or property. For these purposes they are hereby invested with authority, and it shall he their duty to arrest, with or without warrant, and to imprison for the time being, until they can be brought before the proper court for ex- amination or trial, all persolis who shall be guilty of any viola- tions of the laws of the State or City. Saar. 4. Any policeman or watchman who shall be found asleep while the should be on duty, or intoxicated, or absent from his beat, or guilty of any dereliction of duty, or of improper con- duct, shall be complained of to the .Mayor by the Marshal im- inediately ou such facts coming to his knowledge. The Mayor may, at his discretion, suspend from duty such policeman or watchman until the next succeeding session of the council, when. the MaIshal.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 other place, the policeman, after stating his office and object, may, if permission to enter be not given, break open the doors or windows, enter the house and arrest the offender. SEC. 6. All police officers are respectively authorized and eni powered hi a peaceable manner (or if refused admittance after REVISED CITY ORDIN1'MCl(S. 9J demand made with force and arms,} to enter into any house, store, shop, grocery, or other place or building whatever or wheresoever in the city, iri which any person or persons may reasonably be suspected to be for unlawful purposes, and it' any person or persons shall be found therein guilty of any crime or misdemeanor, or violation of any law or ordinance for the pre- servation of the peace and good order of the city, or who may reasonably be suspected thereof, or who shall be aiding and abet- ting such person or persons so found, said police officer shall ap- prehend and keep in custody such person or persons as in case of other arrests. SEC. 7. Each. and every member of the police, in his conduct and deportment, innst be quiet, civil and orderly. In the per- formance of his duty he must maintain decorum and attention, command of temper, patience and discretion; lie must at all times refrain from harsh, violent, course, profane or insolent language, and act with firmness and energy. SEC. 8. No policeman shall accept or receive from any person while in custody, or after such person shall have.been discharged, nor from any such person's friends, any gratuity, reward or gift, directly or indirectly, or any article or thing of value, as com- pensation for any damages sustained by him in the discharge of his duty, without the written permission of the Mayor. SEC. 9. No policeman shall.cornpound any offense committed against persons or property, or withdraw any complaint therefor, without the consent ot• the Mayor. Svc. 10. No member of the police shall communicate to any person any information which may enable any person to escape from arrest or punishment, or enable them to dispose of or se- crete any goods or other valuable thing stolen or embezzled. Sne. 11. And all policemen, when on duty, shall wear the insignia of their office on the outside of the outermost garment over the left breast, conspicuously displaying the same, so that the entire surface thereof may be seen, except when caution may dictate that the same shall not be exposed. gib REVISED CITY ORDIXAICUES. SEC. 12. No member of the police shall be absent from duty or leave the city, without the consent of the Mayor. SE..c. 13. All persons wlio shall be arrested. by the police dur- ing the time the office of the police justice shall be open, shall be taken immediately before said justice; and all persons who shall be arrested at any other time, shall be conveyed to the calaboose, unless otherwise ordered by the Mayor or Marshal, or unless it shall require a place of greater security, in which case he, or slie, shall be immediately taken to the county jail. SEC. 1.4. Any officer or policeman who shall willfully mal- treat or use unnecessary violence toward a prisoner•or other per- son, shall, on complaint, being tirade and the fact established, be suspended or discharged, at the pleasure of the Mayor. Si,. 15. The Marshal shall keep in the calaboose a book in which shall be entered, by the officer making the arrest, the name of every person by him arrested and placed iii the cala- boose, with the date of the arrest and cause thereof, with such other facts as he shall deem proper and necessary. And at the end of each uiuritli said Marshal shall report to the City C.c un- cil the disposition wliic]i may have been made of the persons so confined. SFr,. 1U. The Marshal shall every morning, on the opening of the police court, cause the persons who may he detained in the calaboose the night previous, and all property which may have cone into his possession during she night, tobeconveyed to the police court accompanied by the policeman who made the arrest; and said policeman shall file the information, read the warrant to the prisoner, and become a witness in relation to the charges made against the prisoner ; and shall, in case such prisoner be convict- ed and pays the fine, be entitled to receive such fees as are paid to a constable for like services. SEc. 1.7. Ilackmen, cabmen, omnibus drivers, porters, run- ners, and other persons, when at or about any railroad depot or station, or steamboat, or other landing, or other public place in REVISED CITY ORDINANCES. 97 the city, shall obey the commands and directions of the police officer, or policeman, and the Marshal and Deputy Marshal, who may. be stationed or doing duty at or about such place, for the purpose of preserving order and enforcing the laws of the city. Whoever slialI refuse to obey the conunands or directions of said officer or officers as aforesaid, shall be subject to a line of not less than one, nor more than twenty-five dollars. SEC. 1$. The policemen and watchmen shall obey the orders of the Marshal, and shall report to hixn all violations of the eity ordinances and of the laws of the State committed within the city, which may come to their knowledge. And all suspicions persons, bawdy houses, gambling houses, and all other places where idlers, disorderly and suspicions persons congregate. SEC. 19. That any person who shall rescue or take from the custody 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, he fined not less than twenty-five, nor more than one hunrlrcd tlidlars. SEC. 20. 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 re- quire the aid of any citizen present, and if such citizen shall re- fuse or neglect to render the aid required, he shall upon convic- tion be subject to a fine of not less than one, nor more than twenty- five dollars. Sx:c. 2.1. Whoever shall falsely represent himself to be an officer of this city, or shall without authority, exercise or attempt to exercise an of the powers. duties or functions of any city offi- cer, shall be subject to a penalty of not less than twenty-five, nor more than one hundred dollars. SFc- 22. That to more fully define the duties of patrolmen, policemen, captains of police and City Marshal, so as to preserve the lives and property of citizens from loss or injury, frorn ob- [13) 1+4 REV IK1 a t',r]'}" 01?.DINANCES. ]t131'i511t CITY 0.1tJINANWEK. tj[1 structions on or over the streets, sidewalks and gutters of the city, it is hereby made the duty of all patrolmen, policemen, cap- tains of police and City Alairshal to have all obstructions in their respee.tive beats removed, and keep the same clear at all tinges, while. on duty, from the sidewalks, streets and gutters, arid to put up all necessary guards and lights to prevent accident when sew- ers and bridges are open for repair. SEC. 23. And for neglect of said duty there shall be deduct- ed frorri each of said officers' salary above Valued the suui of one dollar for each ofieltse. CHATTER XXXII. AN ORDINANCE to provide for the Taxes in the City of Dubuque. Sae. 1. Duty of Auditor. SEC. 44. 2. Assessor to begin 3d Monday in Jan. 45. 3. To assess all property, 4. To administer Oath. 46. 5. What property to assess. 47. 6. `.Germ "Credit defined. 48. 7 Who will assist assessor. 8. Commission goods to be assessed a6. 9. Other persons property, how listed 60. 10. Railway and Bridge property. 6l. 11. Roadbed not included. 52. ]2. Telegraph property. 13. Property listed January 1st. 53. 14. Depreciated Bank Notes. 54. 15. debts in good faith deducted. 55. 16. Ali personal property listed. 16. 17. Manufacturer defined. 57. 18. Money notes and credits. 56. 10. Banking Associations. 59. 60. When to account. 00. 21. To conform to act of Congress. 61. 22. Assessment completed Jae 1st- 62. 23. 'Unknown Real Estate. 63, 24. Assessor. neglect of duty. 64. 2i, Committee on Assessments. 85. 26. Auditor to give notice. 68. 27. Appeal to City Council. 67. 28. Council to fix water limits. 68. 29. Council to levy tax. 69. 30. Auditor to transcribe. 70. 31. To deliver to Treasurer. 7]. 32. Auditor may correct. 72. 33. Auditor So mark on book "sold." 73. 34. To give notice for one month. 74. 35. Treasurer to enter unpaid taxes. 36. Treasurer to collect taxes. 75. 37. To notify person when property "6. is ' sold.' 77. :lg. Treasurer to certify to amount of 78. taxes. 79. 39. Treasurer's Receipt. 80. 40. Treasurer liable 011 his bond. 81. 4]. Treasurer to assess property omit- 82. ted. 83 42. Owner to assess property omitted 84. 43. City Warrants to he received for taxes assessment and co]Iection of No demand for taxes. Five days notice for sale of per- sonal property. Resistance to Treasurer punished When taxes are delinquent. Treasurer to sell personal proper- ty. Continue to receive taxes. To give receipt. Auditor to keep account. Treasurer to refund tax illegally paid. When property to be sold. Notice to be given. Notice to be in official papers. Treasurer to collect 20 cents. When sale shall commence. Who is ehtitled to purchase. Treasurer to sell from day to day Purchasers to pay. Owners may pay. Description in figures. Copy of advertisement. Auditor to attend sales. Treasurer may adjourn sale. Officers not to purchase. Kale at other time. Certificate of purchase. Certificate assignable. Duplicate Receipts. Properly may be redeemed. Auditor to give certificate. Minors or lunatics. Persons may redeem through Court. Time to give -notice. Treasurer to make deed. Form of heed. Deed to be signed by Treasurer. Not to effect former sales. Error in sale corrected. Money refunded. wrong name not invalid. Statute to govern. When money to be refunded pun. chaser. Be at Ordained by the Cily Council of the City of Dubuque: SICCTioN 1. The Auditor shall, on or before the i 5t.lr day of January, of each year, deliver to the Assessor, a suitable plat of the (.'its', and of each addition thereto ; and of each sub -division of any town lot, or mineral lilt on which to check each parcel of land assessed, and suitable books properly ruled and headed, in which to enter the following items : a. The name of the individual, corporation, company, soci- ety, partnership or firm, to whom any property shall be taxable. b. His or their lands by lot or subdivision thereof accord- ing to the system of numbering or part of suh-division thereof', or township, range, and section, or part of section, and when such land is not a congressional division or sub -division, town lot or sub -division thereof, mineral. lot or sub -division thereof, by some other description sufiieient to properly identify it. c. Personal property as follows: Number of Cattle, number of' Horses, number of mules, number of Sheep, number of Swine over six months old, number of Carriages, and Vehicles of any description, with separate columns for value of each; value of :Merchandise, amount of capital employed in Manufactures, amounts of Moneys and Credits, amount of taxable furniture, amount of Stock or Shares in any Corporation or Company not required by law to be otherwise listed or taxed; amount of tax- able farming utensils, or mechanics tools, amount of all other personal property not otherwise enumerated, a.ncl the number of polls, and a column for remarks. But no entry shall be made on said books of any animal under the age of one year except as above provided. SEC. 2. Each Assessor shall enter upon the discharge of the duties of'his office on the third Monday in January in each year; and shall, with the assistance of each person assessed, or who may be required by law to list property belonging to another, enter in the books furnished him for that purpose, the several items specified in the ]]receding section, entering the names of the per- 100 REVISED CI TY oxli1NA "..s4 LIES. sons assessed in alphabetical order, so Ar as practicable, by al- ]oting to each letter its regnisite nnmber of pages in each of the said books. SEC. 8. The Assessors shall list every person in the City, and assess all the property, personal and real therein, except such as is hereafter specifically exempted; and any person who shall re- fuse to assist in slaking out a list of his property, or of any property which he is by law required to assist ill listing, or who shall refuse to make the oath required by the next section, shall be fined the sum ot one hundred dollars, and the Assessor shall assess such person according to the best information he can get. SEC. 4. The Assessor shall adminster an oath or affirmation to each person assessed to the effect that he has given in a full, true and correct inventory of all the taxable property owned by him, and all property which he is required by law to list, to the best of his knowledge and belief; and in case any one refuses to make such oath or affirmation, the Assessor shall note the filet in the column of remarks opposite such persons name; and should it afterwards appear that such person so refusing has not given a full list of his property, or that. which he was by law l•e- quired to list, any property so omitted shall be entered on the book of the Assessor at double its ordinary assessable value aiul taxed accordingly. SF.c. 5. All property which is by law exempt f1•oin taxation for State and County purposes shall be omitted f'rozu the assess- ment herein required. All other property, real or personal, is subject to taxation in the manner directed. Ferry franchises for the purposes of this ordinance are considered as real property; Horses, Cattle, Mules, Asses, Sheep, Swine and Money, whether in possession or on deposit, and including bank bids, money, property or labor due, from solvent debtors on contract or on judgment; mortgages and other like securities, and accounts bearing interest, and every description of conveyance of property given or received as security for money loaned or other indebt- edness; property situated in the City belonging to any bank or REV BED Ci-1 oRntr A.NC S. 1QT company incorporated or otherwise, whether incorporated under the laws of this or any other State, public stocks or loans, house- hold furniture, including gold and silver plate, musical instru- ments, watches and jewelry, private libraries for their value exceeding three hundred dollars; carriages, threshing Machines -and every deseription of vehicle, farming utensils, machines, and machinery, and professional libraries for their aggregate value over three hundred dollars; boats and vessels of every descrip- tion whether registered or licensed, and whether navigating the waters of this State or not, if owned either wholly or in part by inhabitants of this City, to the amount owned in this City. SEC. Fi . The terra "credit" as _!sed in this ordinance includes every claiin and demand for money, labor or other -valuable thing, and every annuity or sum of money receivable at stated periods and all money or property of any kind secured by deed, mort- gage or otherwise; but pensions of the United States, or any of them, and salaries or payuient.s expected tar services to be ren- dered, are not included in the above terns. SEo. 7. Every inhabitant ot this City, of full age and ound mind, shall assit the Assessor in listing all property subject to tmation in this City, of which he is the owner, or has the con- trol or management, in the manner hereinafter di,ected ; the property of a ward is to be listed by his guardian, of a n1111or, by his father, if living; if not by his mother, if living, and if not, by the person having the property in charge; of a married woman, by herself or husband; of a beneficiary for whom prop- erty is held in trust by a trustee; and the personal property of a clee.edeiit by the executor; of a body corporate, company, society or partnership, by its principal accounting officer, agent or partner, Property under mortgage or ]ease is to be listed by and taxed to the mortgagor or lessor unless it be listed by the mortgagee or lessee. SEC. 8. Commission merchants, and all persons trading and dealing on commission, and assignees authorized to sell, when the owner of the goods does not reside in the City are, for the 1i12 REVISED CITE ❑R11IN.1NC1 S. purpose of taxation, to be deemed the owners of the property in their possession. SEC. 9. Any person required to list property [belonging to an- other, shall list it separately from his own, giving the Assessor the name of the person or estate to whom it belongs; but the un- • divided property of a person deceased belonging to his heirs may be listed as belonging to his heirs without enumerating them. Any individual of a partnership is liable for the taxes due from the firm. SEC. 10. Lands, lots, and all real and personal estate belong- ing to any railway company. and all railroad bridges across the Mississippi river, shall be subject to assessment and taxation on the salve basis as the property of individuals. SEC. 11. No real estate used by railway corporations for road beds shall be included in the assessment to the owners of the adjacent property, but all such real estate shall be deemed to be the property of such companies for the purpose of taxation. Nor shall real estate occupied for and used as a public highway or street be assessed and taxed as part of adjacent lands, whence the salve was taken for such public purpose, provided such high- way or street be of record as having been donated to the public. Sxc. 12. All property, real and personal, including their franchises, owned by telegraph, express and steamboat compan- ies, shall he listed, and assessed for taxation, and shall he subject to the same levies as the property of individuals. SEC. 13. Al] taxable property shall be listed and assessed each year in the name of the owner thereof on the first day of January. SEe. 14. Depreciated bank notes, and stock of corporations and companies, shall be assessed at their cash value; credits shall be listed at such sum as the person listing them believes will be received or can be collected thereon, and annuities at the value which the person listing them believes them to be worth in In 011er. REVISED CITY OKLIINAKCES. 103 SD). 15. In making up the amount of money or credits which any person is required to list, or have listed and assessed, lie will be entitled to deduct from the gross amount all debts in good faith owing by him but no acknowledgment of indebted- ness, not founded on actual consideration, and no such acknowl- edgment made for the purpose of being so deducted, shall be considered a debt, within the intent of this section; and so much only of any liability of such person as security for another shall be deducted as the person making the list believes he is equit- ably or legally bound to pay; and so much only as he believes lie will be compelled to pay on account of the inability of the principal debtor; and if there are other sureties able to contrib- ute then so much only as he. in whose -flame the list is glade will be bound to contribute; bat no person will be entitled to any deduction on account of any obligation of any kind given to any insurance company for the premiums of insurance, nor on ac- count of any unpaid subscription to any institution, society, cor- poration or company; and no person shall be entitled to any de- duction on account of any indebtedness contracted for the pur- chase of United States bonds or other non-taxable property. Sr:e 16. Any person owning or having in his possession, or under his control, within this City, with authority to sell the same, any personal property purchased with a view of its being sold at a profit, or which has been consigned to him from any place out of this City, to be sold within the salve, shall be held to be a merchant for the purpose of this ordinance. Such prop- erty shall be listed for taxation, and in estimating the value thereof the merchant shall take the average value of such prop- erty his possession or under his control, during the next year previous to she time of assessing, and if helms not been engaged in the business so long, he shall take the average during such time as he shall have been so engaged, and if he be commencing he shall take the value of the property at the time of assessing. SEc. 17. Any person who purchases, receives or holds per- sonal property of any description, for the purpose of adding to the value thereof by any process of manufacturing, packing of 104 1i,F:F1sEL carry ORDINANCES. meats, refining, purifying or l)y materials with a view of making by selling. the same, shall be ]lead purposes of this ordinance; and average value of such property in ed in the preceding section; but upon those materials only which manufacture. the combination of different gain or profit by so doing, and to be a. manufacturer for the he shall list for taxation the his hands, estimated as direct - the valve shall be estimated enter into the composition or SEC. 18. Any person acting as the agent of another and hav- ing in his possession or under his control or management any money, notes and credits, or personal property belonging to sneh other person, with a view to investing or loaning, or in any other manner using the same for pecuniary profit, shall be required to list the same at the real -value; and such agent shall be person. ally Iiable for the tax on the same. And if he refuse to render the list or to swear to the same, the amount of such money, prop- erty, notes and credits may be listed and valued according to the best knowledge and judgment of the Assessor, subject to the provisions of section four of this ordinance. Sic. 19. Ali shares of the banking associations doing busi- ness, within this City, which are organized "Within this State, pursuant to the provisions of the act of Congress to procure a National Cnrreucy, secured by the pledge of United States Stocks, and to provide t=nr the circulation and redemption thereof, held by any person or body corporate, shall he included in the valuation of the personal property of such person or body cor- porate in the assessment of taxes in this City, whether the hold- er thereof resides here or not; but not at a greater rate than is assessed on other moneyed capital in the hands of individuals. SEc. SO. The principal accounting officer of each of such as- sociations, between the first and fifteenth days of February, of each year, shall list the shares of such association, giving the Assessor the name of each person owning shares and the amount owned by each on the first day of' January preceding; and for the purpose of securing the collection of taxes assessed upon said said shares, REVIS1a) CITY ORDINANCES. 1.05 each banking• association shall he liable to pay the same as the agent of each its shareholders under the provisions of section twenty of this ordinance, and the association shall retain so much of any dividend belonging to any shareholder as shall be necessary to pay any taxes levied upon his shares. SEC. 21. If at any time Congress shall amend the acts afore- said, then said Assessors shall assess the shares in any suc]i Natiet al Bank in such manner as to conform to such amended act of Congress; provided that such shares shall not he assessed at a greater rate than is imposed by law on other moneyed capi- tal in the hands of individuals in this City. St;c.22. The Assessor shall, on or betore the first day of June, in each year, complete the said assessment book, and so notify the Council. Said book shall have the several columns of numbers and valve correctly footed up, and the amount of personal property assessed to each person carried forward into a column under the head of total personal prop- erty. SEc. 23. When the name of the owner of any real estate is unknown, it shall be lawf'iil to assess such real estate without connecting therewith any name; but inscribing at the head of the page the words "owners unknown." And such property, whether lands or town lots, or mineral lots, shall be listed as near as practicable in the order of the numbers thereof; and no onedeseription shall comprise more than one town lot, ormineral lot, or number of any sub -division thereof, or more than the six- teenth part of a section or other smaller sub -division of the land according to the goverinnent surveys; except in cases where the boundaries are so irregular that it cannot be described in, the usual manner in accordance with such surveys. SEC. 24. If any Assessor shall fail or neglect to perform any of'the duties required of him by this ordinance, at the time and in the manner specified, he shall he liable to a fine of not less than twenty, nor inure than one hundred dollars, to be recovered (14) .11rti RE V1tit11 cI'1'-' oRD1NANCIE S. in an action brought i1' the nan-ie of the City, and the judgment Shall be against hint and his bondsmen. SEC. 25. The City Council shall, at the regular meeting in June in each year, appoint a Committee on Assessments, con- sisting of one Alderman from each ward. Such Committee shall constitute a hoard for the equalization of taxes, and shall have power to equalize the assessments of all tax -payers by in- creasing or diminishing the valuation of any kind of property or the entire assessment of any tax -payer, as they 'nay deem just and necessary for the equitable distribution of the burden of tax- ation upon all the property of t.lie City; and the Assessor shall meet with such committee. The Auditor shall be the clerk of such Committee, and keep a record of their proceed- ings. At the first meeting of said board of equalization they shall decide what assessments should in their opinion be raised, and make an alphabetical list of the names of the individuals whose assessment it is proposed to raise, and post a copy of the sane in a conspicions place in the place of meeting of said board and in the postoflice in the City, and the committee shall, if in their opinion some of the assessment should be raised, hold all adjourn- ed meeting with at least one week intervening after posting said notices before final action thereon, which notices shall state the time and place of holding such adjourned meeting. SEC. 26. The Auditor shall, upon the receipt of the assess- ment book, as corrected and approved by the Committee on assessments, give notice in two of the newspapers of the City having the largest circulation within the City, that the said book is ready for the inspection of tax -payers, and will continue so to be until the first regular meeting of the City Council in August, 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 Assessors should not return the assessment book at the time required by t.l'is ordinance, the Council may, by- resolution, extend the time for appeals until the expiration of one month from the date of such return. REVISEI] CITY OIDINANOES. i107 Src. 27. Any person considering- himself aggrieved by the action of the Assessor may appeal therefrom to the City Council; and any tax -payer of the City may appeal from the assessment made by the Assessor against any other tax -payer to the City Council on the ground that such as- sessment is too low. All such appeals shall stand referred with- out action of the Council to the Committee on Assessments who shall hear such appeal, and report their proceedings to the Coun- cil with such recommendations as shall seem proper; and the action of the City Council in the premises shall be final. Pro- vided, that no assessment of moneys and credits, or other person- al property, shall he raised on such appeal until after notice shall have been given to the person assessed, as provided in section twenty-five hereof. SEC, 28. The City Council shall, at the first regular meeting in January, in each year, fix the limits of the benefits or protec- tion of the water works, which shall be done by resolution defin- ing the same. SEC. 29. At the first regular meeting in September, in each year, the City Council shall levy the requisite tax for the current year, which shall be done by resolution, specifying the percent- age of tax to be raised for the purpose of paying the debts of the City. They shall also at the sane time, and in the same manner, levy a tax upon the property within the limits of the protection or benefits of the water works sufficient to pay off the water rents due the Ditbugue -Water Company under their contract with the City. SEe. 30. After having made the corrections determined o- the Council, the Auditor shall forthwith proceed to transcribe such assessment book, and complete the tax list by carrying out in separate coluinils the different taxes levied by the Council, carrying out separately the tax on personal property, and on each piece of real property, and footing up the total tax of each per- son. firm or corporation. He shall complete such book on or before the first day of November. 108 REn•Isl.:1) (TIT' Y ORDINANCES. SEC. 31. The Auditor, after completing said tax book, sIiall enter upon the same a warrant to the Treasurer, which shall be subscribed by the Mayor, and attested by the Recordei, with the seal of the City affixed thereto, and deliver the same to the Treas- urer, taking his receipt therefor; and such list shall be full and sufficient authority for the Treasnrer to collect the taxes therein levied. But no informality therein, nor the want of ar1V of the signatures of either of the officers above mentioned, nor failure to affix the seal of the City, and no delay in delivering the tax list after the term above specified, shall affect the validity of any taxes, or saes, or other proceedings for the collection of taxes under this ordinance. SEC. 32. The Auditor may correct any clerical error in t11cr assessment or tax book, and shall make any correction therein when directed by the City Council; and when any such correc- tion affecting the amount of tax is made, after the books shall have passed into the hands of the Treasurer, 11e shall charge the Treasurer with all sums added to the several taxes, and credit hire with all deductions therefrom and report the same to the Council. SI:n. 33. The Auditor, when making up the tax book of the City, and before said hook is placed in the hands of the City Treasurer for collection of the taxes therein, shall designate each piece or parcel of real estate sold for taxes, and not redeemed, by writing in a plain manner opposite to each such piece, the word .`sold." SEo. 34. The Treasurer shall, upon 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 pay- ing their taxes before the first day of January next following the levy of such tax, shall be entitled to a reduction of three per cent. upon the amount of their taxes, and all taxes unpaid on the first day of January shall be delinquent and shall bear interest from and after that date. REVISED CITY nrznr.TN mars. 109 The Treasurer shall continue to receive taxes after they be- come delinquent, until collected by distress and sale, but if they are not paid before the first day of February he shall collect the same in the manner hereinfter provided. SEC. 35. The Treasurer, on receiving the tax book for each year, shall enter upon the same in separate columns, opposite each parcel of real property or person's name, on which or against whom any tax remains unpaid, for either of the preced- ing years, the year or years for which sneh delinquent tax so re- mains due and unpaid; and any sale for the whole or any part of such delinquent tax, not so entered, shall be void. SEC. 361. The Treasurer, after making the above entry, shall proceed to collect the taxes, and the list shall be his authority and justification against any illegality in the proceedings prior to receiving the Iist. and he is also authorized and required to collect,. so fkr as practicable, the taxes remaining unpaid on the tax books of previous years. SEC. 37. The Treasurer shall, when any person offers to pay taxes on any real estate marked "sold," notity such per,;on that such property has been sold for taxes, and inform him for what taxes said property was sold, and at what time said sale was ef- fected. SEC. 38. The Treasurer shall certify in writing the entire amount of taxes and assessments due upon any parcel of real estate, and all sales of the same for unpaid taxes or assessments shown by the books in his office, with the amount required f'or redemption from the sarne, if still redeemable, whenever he shall be requested to do so by any person having any interest in said real estate, and be paid or tendered his fees for such certificate at the rate of fifty cents fbr the first parcel, and twenty -fire cents for each subsequent parcel. Each description in the tax list shall be reckoned a parcel in computing the amount of such fees. Svc. 39. Such certificate, with the Treasurer's receipt, show ing the payment of all taxes therein specified, and the Auditor's 110 .REVISED ('ITT ORDINANCES. certifieate of redemption from the tax sales therein mentioned shall he conclusive evidence for all purposes, and against all persons, that the parcel of real estate in said certifieate and re- ceipt described, was at. the date thereof, free and clear of all taxes and assessments, except sales whereon the time of redemp- tion had already expired and tax purchaser had received his deed. SEC. 40. For any loss resulting to the City, or to any tax pur- chaser or tax -payer, from an error in said certificate or receipt, the Treasurerer and his sureties shall be liable on his official bond. SEC. 41. The Treasurer shall assess any property subject to taxation which may have been omitted by the Assessor, board of equalization or Auditor, and collect taxes thereon; and in such case he is required to note opposite such assessment the words; "By Treasurer." And the Treasurer shall forthwith notify the Auditor of such assessment, and the amount thereof; Provided, that such assessment, shall be made within two years after the tax list shall have been delivered to him for collection, and not afterwards. SEC. 42. In all eases where real property subject to taxation shall not have been assessed by the Assessors or other proper officers, the owner thereof, by himself or his agent, shall have the same property assessed by the Treasurer and pay the taxes thereon; and no failure of the owner to have such property assessed or to have the errors in the assessment corrected, and no irregularity, error or omission in the assessment of such property, shall affeet in any manner the legal ity of the taxes levied thereon. SEC. 43. City Warrants shall be received by the Treasurer in full payment of all taxes for current City expenses and water rents; but money only s11a.11 be received for the taxes levied for the purpose of paying the debts of the City. Snc. 44. No demand of taxes shall be necessary but it is the duty of every person subject to taxation to attend at the office of REVISED 4.`11'Y 0I(.1)ItiANI'ES. 111 the Treasurer, uIlless otherwise provided, at some time between the second Monday of November and the first day of February, and pay his taxes, and if any one neglect to pay them before the first day of February folio -wing the levy of the tax, the Treasurer is directed to make the same by distress and sale of his personal property not exempt from taxation, and the tax list alone shall be sufficient warrant for such distress. SEc. 45. When. the Treasurer distrains goods he may keep them at the expense of the owner, and shall give notice of the time and place of their sale, within five days after the taking, in the manner constables are required to give notice of the sale of personal property under execution, and the time of sale shall not be more than twenty days from the day of taking ; but he may adjourn the sale from time to time, not exceeding five days and shall adjourn at least once when there are no bidders, and in case of adjournment, he shall put up a notice thereof at the place of sale. Any surplus remaining above the taxes, charges of keeping, alyd fees for sale, shall be returned to the owner, and the Treasurer shall on demand render an account in writing of the sale and charges. SEC. 40. If the Treasurer be resisted or impeded in the exe- cution of his office, he play require any ,suitable person to assist him therein ; and if such person refuse his aid, he shall be fined. not less than ten dollars, and the person resisting shall be liable to a fine of fifty dollars. SEC. 47. On the first day of' February the unpaid taxes, of whatever description, for the preceding year shall become delin- quent, and shall draw interest as hereinafter provided, and taxes upon real property are hereby made a perpetual lien thereupon against all persons, except the United States and this State, and taxes due from any person upon personal property shall he a lien upon any real property owned by such person or to which he may acquire a title from the time of the levy thereof. Sur;. 4S. The Treasurer is authorized and directed to collect the delinquent taxes by the sale of any personal property upon 112 REVISED CITY ORDIN$NOES. which the taxes are levied, or any other personal property belonging to the person against whom the taxes are assessed. SEC. 49. The Treasurer shall continue to receive taxes after they become delinquent until collected by distress and sale ; but if they are not paid before the first day of February, he shall collect, in addition to the tax of each tax payer so delinquent, as a penalty for non-payment, at. the rate of one per cent. a month Oil the amount of the tax for the first three months, two per cent. a month thereafter. But the penalty provided by this section shall not be construed to apply, and shall not apply-, upon taxes levied by order of any court to pay judgments on city indebted- ness, and upon such taxes no other penalty than the interest which such judgements draw can he collected. SEC. 50. The Treasurer shall, in all eases, brake out and de- liver to the tax payer a receipt, stating the time of payment, the description and assessed value of each parcel of land, and the assessed value of persona] property, the amount of each kind of tax, the interest on each, and cost, if any, giving a separate re- ceipt for each year, and he shall make the proper entries of such payments on the hooks of his office. Such receipt. shall be in full of the ]sarty's taxes for that year, but the Treasurer shall re- ceive the till amount of any tax, whenever the same is tendered, and give a separate receipt therefor. SEC. 51. The Auditor shall keep full and complete accounts with the Treasurer, with each separate fund or tax by itself, in each of -which accounts he shall charge hire with the amounts in his hands at the opening of such account, whether delinquent taxes, notes, cash, or other assets belonging to such fund, the amount of each tax fbr each year, when the tax book is received by him, and all additions to each tax or fund, whether by addi- tional assessments, interest on delinquent taxes, amount received for licenses or other items, and shall credit. the Treasurer on proper vouchers for money disbursed, for double or erroneous as- sessments, the correction or remission of which causes a diminu- tion of the tax, and for unavailable taxes, or such as have been mr.viSE1) eI'1'Y UIiDINANCES. 113 properly and legally assessed, but which there is no prospect of collecting. SEO..52. The Council shall direct. the Treasurer to refund to the tax payer any tax or other portion of a tax found to have been erroneously or illegally exacted or paid, with all interest and costs actually paid thereon ; and in case any real prop- erty subject to taxation shall be sold for the payment of such er- roneous tax, interests or costs, as above mentioned, the error or irregularity in the tax ]nay at any time be corrected as above pro- vided, and shall not affect the validity of the sale, or the right or title conveyed by the Treasurer's deed, if the property was sub- ject to taxation for any of the purposes for which any part of the taxes for• which the land was sold was levied, and the taxes were not paid before the sale, and the property had not been redeemed fi•oin sale. SEC. 53. On the first Monday in October, in each year, the Treasurer is required to offer at public sale, at his office, all lands, town lets, or other real property, on which taxes of any descrip- tion for the preceding year or years shall remain due and unpaid and such sale shall be made for and in payment of the total amount of taxes, interest and costs, due and unpaid on such property. SEC. 54. The notice to be given of such sale shall state the time and place thereof, and contain a description of the several parcels of real property to be sold for the delinquent taxes of'the preceding year, and such real property as has not been adver- tised fur the taxes of previous years, and on which the taxes re- main due and delinquent ; and the amount of taxes, interest and Costs against each tract, and the name of the owner, when known, or person if any, to whom taxed. SEo. 55. The Treasurer shall give such notice by causing the same to be printed once in each week for three successive weeks, the last publication to be at ]east one week prior to the day of sale, in the official papers of the city, and also by causing a copy of each notice to be posted on the door of the City Ilal] at least fonr weeks before the day of sale. (15) 114 ItEVISED CITY ORDINANCE. SEC. 56. The Treasurer shall charge and collect in addition to the taxes and interest, a sum not exceeding twenty [20] cents on each tract of real estate advertised for sale, which suns shall be paid into the treasury, and the City shall pay the coat of publi- cation. But in no case shill the City be liable for ruore than the amount charged to the delinquent lands for advertising, and. if the Treasurer cannot procure the publication of said notice for that suer, or if for any reason, the Treasurer is unable to procure the publication of said notice, he shall post up written notices of said sale in tirnr of the most public places in the City, four weeks before sale, and notice so given shall have the name force and effect as though. the same hacl been published in a news- hral_ er. SEE. 57. The Treasurer shall, at his office, on the day of sale, at t]ie hour of 10 o'clock in the forenoon, offer for sale, separately, each tract or parcel of real property advertised for sale, on which the taxes and costs shall not have been paid. Si:c. 58. The person who offers to pay the amount of taxes due on any parcel of land or town lot, for the smallest portions of the salve, is to be considered the purchaser ; and when such purchaser shall designate the portion of any tract of land or town lot, for which he will pay the whole amount of taxes assess- ed against any such tract or lot, the portion thus designated shall hi all cases be considered an undivided portion. In all eases where the homestead is listed separately as a homestead it shall be liable for the taxes thereon. SEC. 59. The Treasurer shall continue the sale from day to day as long as there are bidders, or until the taxes are a•]I paid. SEc. 60. The person purchasing any parcel or part thereof, shall forthwith pay to the Treasurer the amount of the taxes and costs charged thereon ; and on failure to do so, the said parcel shall at once again be offered as if no such sale had. been grade. Such payments may be made in the same funds receivable by law in payment of taxes. REVlSE:n CrrY ORD/NAN[)El. 115 Sr c. 61. Any person owning or claiming lands or town lots advertised fbr sale as aforesaid, may pay to the Treasurer at any time before the sale thereof, the to-txc:s due thereon, -with. interest, cost of advertising, and all the costs wltic.lr may have accrued up to the time of such payment. Sco. r;?. In all advertisement's for the sale of real property for taxes, and in entries required to be made by the Auditor, Treasurer, or other official, letters and figures may be used as they have been heretofore, to denote townships, ranges, sections, part of sections, lots, blocks, date, and the amount of taxes, in- terest and costs ; and no irregularity or informality in the adver- tisernen.t shall affect in any manner the legality of the sale or the title to any real property conveyed by the Treasurer's deed un- der this chapter : but in all cases, the provisions of this ordi- nance shall be sufficient notice to owners, of the sale of their property. Sr:c. G3. The Treasurer shall obtain a copy of said advertise- ment, together with a certificate of the doe publication thereof, from the printer or publisher of the newspaper in which the sFEne shall bale been published, and shall file the same in the office of the Auditor ; and such certificate shall be substantially in the following form : "I, A. B., publisher (or printer) of , anewspaper printed and published in the City and County of Dubuque and State of Iowa, do hereby certify that the fhreg ing notice and list were published in said newspaper once in each week, for three sitcc.es- sive weeks, and the Ia.st of which publication was made on the day of , A. D. 18—; and that copies of each num- ber evntaining said notice and List were delivered by carriers or transmitted by avail to each of the subscribers to said pa- per, according to the accustomed mode of business in this office. A B Publisher (or Printer) of the---." 116 rtEvlsN:r) errY ORDINANCES. STATE OF IO WA, Dubuque County. SS. Tlie above certificate of publication Iva subscribed and sworn to before rlie by the above named A , who is personally known to me to be the identical person described therein, on the —lay of A. D. ig—. City Auditor of the City of Dubuque. SPEC. 64. The Auditor shall attend all sales of real property fi,r taxes, made by the Treasurer, and make a record thereof, in a book to be kept by hire for that purpose; therein describing the several parcels of' real property, on which taxes and costs were paid by purchaser, as they are described in the list or advertise- ment, on file in his office, stating in separate columns the amount as obtained from the Treasurer's tax Iist of each kind of tax, interest and costs, for each tract or lot, how made, and what part of each tract or lot was sold, to whom sold, and date of sale. The Treasurer shall also keep a book of sales, in which at the time of sale, he shall make the same records. He shall alsonote in the tax list, opposite the description of the property sold, the tact and date of such sale. SEC. 65. When all the parcels of real property advertised for sale, shall have beeIn offered, and a portio❑ thereof shall remain unsold for want of bidders, the Treasurer shall adjonrn the sale to some day not exceeding two months from the time of adjourn- ment, due notice of which day shall be given at the time of ad- journment, and also by keeping a notice thereof posted np in a conspicuous place in the Treasurer's office. But no t'urther ad- vertisement shall be necessary. On the day fixed for the reopen- ing of the sale, the same proceedings shall be had as provided hereby fbr the sale commencing on the first Mondry in October. And further adjournment shall be made from thne to time, not exceeding two months, and the sale shall be thus,continued until the next regular annual sale, or until all the taxes shall have been paid. REV t ED CITY ORDINANCES. 117 SEC. 66. If any Treasurer ❑r A.uditur, shall hereafter, be • either directly or indirectly, concerned in the purchase of any • real property sold for the payment of taxes, he shall be liable to a penalty of not more than one hundred dollars, to be recovered in an action in the District Court, brought in the name of the City against such Treasurer or Auditor, as the case niay lie, and his bondsmen; and all such sales shall he void. SEC. 67. If from neglect or officers to make returns, or from any other cause, real property cannot be duly advertised and of- fered for sale on the first -Monday of October, the Treasurer shall make the sale on the first Monday of the next succeeding month in which it can be made, allowing time for the publication as provided in this chapter. SEC. GS. The Treasurer shall make out, sign and deliver to the purchaser of any real property sold tor• the payment of taxes as aforesaid, s. c;ertifcate of purchase, describing the property on which the taxes and Ousts were paid by the purchaser, as the same was described in the record of sales; and also flow much, and what part of each tract or lot was sold, and stating the amount of each kind of tax, interest and costs for each tract or lot for which the same was sold, as described in the record of sales; and that payment had been made therefor. If any per- son shall become the purchaser of more than one parcel of prop- erty, he may have the whole included in one certificate, but each parcel shall be separately described. Sno. Ell. The certificate of purchase shall be assignable by endorsement, and an assignment thereof shall vest in the as- signee, or his legal representative, all the right and title of the original purchaser; and the statement in the Treasurer's deed of the tact of the assignment shall be presumptive evidence of such assignment. In case said certificate is assigned, then the assignment of said certificate shall be placed on record in the office of the Treasurer in the register of tax sales. SEC. 70. The Treasurer shall also make out, sign and deliver the purchaser of MIN' real property sold for taxes aforesaid, 118 REVISED CITY ORDINANCES. duplicate receipts fur any taxes, interest and costs paid by said purchaser after the elate of said purchase, for any subsequent year or years; one of which receipts said purchaser shall present to the Auditor, to be by hint filed in his office, and a memoran- dum thereof entered on the register of sales; and if he neglect to file such duplicate receipt with the Auditor before the re- demption, such tax shall not be a lien on the land, and the per- son paying such tax shall not be entitled to recover the same of the owner of such real estate. SEC. 71. Real property hereafter sold under the provisions of this chapter, may be redeemed at any time before the right of redemption is cut off, as hereinafter provided, by the payment to the Auditor, to be held by him subject to the order of the purchaser of the amount for which the saute was sold, and twenty per cent.urn of such amount immediately added as a pen- alty, with ten per cent. interest per aiinnni on the whole amount thus made from the day of sale, iuid also the amount of all taxes, interest and costs paid for any subsequent year or years; and a similar penalty of twenty per centum added as before on the amount of the payment for each subsequent year, with ten per cent. interest per a.nuuin on the whole of such amount or amounts, from the day or days of payment, unless such subse- quent taxes shall have been paid by the person for whose benefit the redemption is made, which fact may be shown by the Treas- urer's receipt.; acid provided, further, that such penalty for the non- payment of the taxes of atiy such subsequent year or years shall not attach, unless such subsequent tax or taxes shall have re- mained unpaid until the first day of March, after they become dne, so that they have become delinquent; nor shall any of said penalties apply in the cases in the last clause of section fifty (50) of this chapter. Snc. 72. The Auditor shall, upon application of any party to redeem any real property sold under the provisions of this chap- ter, and being satisfied that such party has a right to redeem the same, and upon the payment of the proper amount, issue to such party a certificate of redemption, setting forth the facts of the REVISED CITY ORDINAZCI<::*. 119 sale substantially as contained in the certificate: of sale; and the date of redemption, the amount paid, and by whom redeemed; and lie shall make the proper entries in the book of sales in his office, and shall immediately give notice of such redemption to the Treasurer. Such certificate of redemption shall then be pre- sented to the Treasurer who shall countersign the sauce and make the proper entries in the books of his office; and no certificate of redemption shall be evidence of such redemption, without such signature of' the Treasurer. SEc. 73. If real property of any minor, or lunatic, is sold for taxes, the same may be redeemed at any time within one year after such disability is removed, in the manner specified in sec- tion eight hundred and ninety-three (8931: Or such redemption may be made by the guardian or legal representative under section eight hundred and ninety (890) thereof at any time before the delivery of the deed. Sec. 74. Any person entitled to redeem lands sold for taxes after the delivery of the deed, shall redeem the same by an equitable action in a court of record_in which all persons claim- ing an interest in the land derived from the tax sale, as shown by the record, shall be made defendants; and the courts shall determine the rights, claims, and interest of the several parties, including liens for t-axes and claims for improvements made on the ,and by the person claiming under the tax title; and no per- son shall be allowed to redeem lands sold for taxes in any other manner after the service of the notice provided for by the next section, and the execution and delivery of the Treasurer's deed. SEC. 75. After the expiration of two years and nine months after the date of sale of the land for taxes, the lawful holder of the certificate of purchase may cause to be served upon the per- son in possession of such land or town lot, and also upon the person in whose narrie the salve is taxed, if such person resides in the City, in the manner provided by law for the service of' original notices, a notice signed by him,his agent or attorney, stat- ing the date of sale, the description of the land or town Iot sold, 1.20 - EVISPD t'.r1'] ORDINANCES. the name of the purchaser, and that the right of redemption will expire and a deed for said ]and be made unless redemption fiom such sale be made within ninety days from the completed serv- ice thereof. Service may be made upon non-residents of the City by publishing the same three times in some newspaper publish- ed in said City. But any such non-resident may file with the Treasurer of the City a written appointment of some resident of the City as agent upon whom service shall be made. And in such case, personal service of said notice shall be made upon said agent. Service shall be deemed completed when an affida- vit of the service of said notice and of the particular mode there- of, duly signed and verified, by the holder of the certificate of purchase, his agent, or attorney, shall have been filed with the Treasurer authorized to execute a tax deed. Such affidavit shall be filed by said Treasurer and entered upon the records of his office and said record or affidavit shall be presumptive evidence of the completed service of 'notice herein required. And until ninety days after the service of said notice, the right of redemp- tion front such sale shall not expire. The cost of serving said notice whether by publication or otherwise, together with the cost of the affidavit, shall be added to the redemption money. SN:c. 76. Immediately after the expiration of ninety days from the date of service of the written notice herein before pro- vided, the Treasurer then in office shall make out a deed for each lot or parcel of land sold, and remaining unredeemed, and de- liver the same to the purchaser upon the return of the certificate of purchase. The Treasurer shall demand twenty-five cents for each deed made by him on such sales; but any number of par- cels of land bought by one person may be included in one deed if desired by the purchaser. SEC. 77. Deeds executed by the Treasurer shall be substanti- ally in the following form: Rnow all men by these presents, that whereas, the following described real property, viz: (here follows description) situated in the City and County of Dubuque, and State of Iowa.. was sub- R1VISFD 11TY OUD114ANCEs. 121 Tect to taxation by said City for the year —(or years) A. D. 18 --. And, whereas, the taxes i.ssessed upon said property by said City fur the year, (or years) aforesaid, remained due and unpaid at the date of the sale hereinafter named, and, whereas, the Treasurer of said City did, on the --day- of--- A. D. 18— by virtue of the authority in him vested by law, at--- (and adjourn- tneut)----of tit.) sale began and publicly held on the first Mon- day of ---A. D. 18—, expose to public sale at the office of the Treasurer in the City aforesaid, in substantial conformity with all the regulations ofthe statnte and the ordinance in such case made and provider], the property above described for the payment of the taxes, interest and costs then due and remaining unpaid on said property. And whereas, at the time and place aforesaid, A— B— of the County of ---and State of having offered to pay the sum of — and — cents, being the whole amount of taxes, interest and costs, then due and unpaid on said property for (here follows a. description of the property sold) which was the least quantity bid for, and payrnent of said sure having been by him made to said Treasurer, said property was stricken off to hire at that price. And, whereas, the saki A---- B - did Orr the ----day of A. D. 18— duly assign the certificate of the sale of the property as aforesaid, and all his right, title and in- terest to said property to E-- T----, of the County of -- and State of--. And, whereas, by the affidavit of---, filed in said Treasurer's office on the --day of— — A. D. 18—, it ap- pears that due notice has been given more than ninety days be- fore the execution of these presents to —and —of the expiration of the redemption allowed by law. And, whereas three years have elapsed since the date of said sale, and said property has not been redeemed therefrom as provided by law. Now, therefore, 1, 0— D—, Treasurer of the City aforesaid, for and in consideration of tite said suer to the Treasurer paid as aforesaid, and by virtue of the statute and the ordinance in such ease made and provided, have granted, bargained and sold, and by these presents, do grant, bargain and sell, unto the said A— B-- (or E. T.) his heirs and assigns the real property last 06) t i VISE11 CET1' []St11ItiANCES. hereinbefore described. To have and to hold unto hint, the said A— 13--- (or E. T.) his heirs or assigns forever; subject, how- ever, to all rights of redemption provided by law. In witness whereof, I. C— D—, Treasurer as aforesaid, by virtue of the authority aforesaid, lia.ve hereunto subscribed niy name on this ---day of 18—. STATE OF IOWA, ss Dubuque County. I hereby certify that before ine-----in and for said City, personally appeared the above C— D—, Treasurer of said City, personally known to me to be the Treasurer of said City, at the date of the execution of the above conve - ance, and to be the identical person whose name is affixed to, and who executed the above conveyance as Treasurer of said City, aind acknowledged the execution of the salve to be his voluntary act and deed as Treasurer of said City, for the purpose therein expressed. Given under my hand—(andseal--) this —day of —A. D. 18—.- SEC. 78. The deed shall be signed by the Treasurer in his official capacity, and acknowledged by him before some officer authorized to take acknowledgments of' deeds; and when sub- stantially thus executed, and recorded in the proper record of titles to real estate, shall vest in the purchaser all the right, title, interest and estate of the former owner in and to the land con- veyed; and also all the right, title, interest and claim of the City, SEC. 79. The provisions of this ordinance shall not effect sales heretofore made, or tax deeds given in pursuance of sales made before the taking effect of this ordinance. REVISED CITY 0RD/NANOES. 123 . Sj-.c. 80. When by mistake, or wrongful act of the Treasurer, land has been. sold on which. no tax ivas due at the time: or whenever land is sold in consequence of error in describing such ]and in the tax receipt; the City is to hold the purchaser harm- less by paying him the amount of principal, and interest at ten per cent. and costs. And the Treasurer and his bons:is/nen shall be liable to the City to the amount of his official bond; or the purchaser, or his assignee, may recover directly of the Treasurer in an action brought to recover the same in any Court having jurisdiction, of the amount; and judgment shall be against him and his bondsmen. But the Treasurer, or his bondsmen, shall be liable for only his own or his deputies' acts. SEC. 81. Whenever it shall be made to appear to the satisfac- tion of the Treasurer, either before the execution of a deed for real property sold for taxes, or if the deed be retnrne.d by the purchaser, that any tract or lot was sold which was not subject to taxation, or upon which. the taxes had been paid previous to the sale, he shall make an entry opposite such tract or lot, on the record of sales that the salve was erroneously sold; and such entry shall be evidence of the fact therein stated, and in such cases, the purchase money shall be refunded to the purchaser as provided by this chapter. SEC. 82. No sale of real property for taxes shall be consider- ed invalid on account of the salve having been charged in any other naive than that of the rightful owner, if the said property be in other respects sufficiently described. 8Ec. 83. In any ease that may arise, not provided tar in this ordinance, the officer, in the assessment, levy and collection of City taxes, and the sale of real estate therefor, and the redemp- tion of lands sold for taxes, shall be governed by the statute then in force controlling the action of county and township officer in the levy and collection of county taxes. SEC. 84. That when by mistake, or wrongful act of the Treas- urer and Collector, real property has heretofore been sold or 124- eta:vi 1 D CITY ORDINANCES. � REVISED CITY ORDINANCES. 125 shall hereafter be sold for deli Ile uent taxes, which was not liable to be sold, or on w liieli at the time of sale no tax was due and delinquent, or whenever real property has been or shall be sold, and error glade in describing such real property in the cer•tifi.- eate, or receipt issued to the purchaser, the City shall refund to the purchaser the amount wrongfully collected of him together with ten per cent. interest per annurn, from date of payment to date of refunding. CHAPTER XXXIII. AN ORDINANCE relating to the Fire Department. SM. 1. Fire Department. 2. Command of Chief Engineer. 3. Duties of Assistant Engineer. 4, Chief and Assistant how appointed. 5. Duties of Chief. ti. Department to continue as at present. 7. Companies to be under foreman. S. City property not to be taken from City. SEC. 9. 10. 11. 12. 13. 14. 15. 16. 17. Not to run coming from Sire. No cards, dice or gaming. Insulting fireman punished. Payment to companies. Public cistern must not be left open. Council to control fire apparatus. Liquor not to be sold to firemen. Marshal's duties. Injuring property punished. Be it Ordained 8y the City Council of the City of _Dubuque: SEC'I'IoN 1. The fire department of this city shall chief engineer arid one assistant engineer, or more Council may deterrnine, and the members of such fire compan- ies, and hook and ladder companies as may from time to tittle be organized, by authority of the City Council. SEc. 2. The whole fire department shall be under the com- mand of the chief engineer. It shall be his duty to exercise a constant supervision over the fire department; he shall have the general charge of the property of the City connected wit.li the lire department, and shall see that the salve is always kept in good repair and ready for immediate use. Ile 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 expenditure exceeding fifty dollars, -without the consent of the Mayor. He shall have charge of all the public cisterns, and shall see that the same are at all tinges supplied with water, and in a proper condition for use. He shall attend at all fires consist of a as the City which may occur in the City; and all orders given by him at any fire to any assistant engineer, company or fireman, shall be promptly obeyed. It shall be his special duty to see that the provisions of this ordinance are strictly enforced and obeyed. The duties required by this ordinance of the chief engineer shall, in his absence or inability to act, be performed by the assistant engineer, highest in rank, present. Ile shall make report semi- annually, in the months of January and July, or oftener, if re- quired, to the City Council, of the property of the City connect- ed with the fire department, and the condition of the salve, and from time to time of such additions and improve- ments, 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, 'Re shall certi- fy to all bills presented to the council for expense incurred by his order or consent. He shall make return to the City Council at every regular session thereof of the names of all the officers and members of companies belonging to the department, with the date of' admission of such as have become members since his last report. SEc. 3. It shall be the duty of the assistant engineers to repair immediately to every fire that may occur in the city as soon as the alarm may be given; to obey all orders of the chief engineer given to them or either of them while on fire duty, and to assist him hi the discharge of his duty as far as possible. In case any assistant engineer shall he guilty of disobedience, disrespect or other improper conduct, or neglect of duty, it shall be the duty of the chief engineer to report the same to the City Council. SEC. 4. The chief engineer and assistant engineers shall be appointed by the City Council, and shall hold their offices for the term of one year, and until their successors shall be appoint- ed and drily qualified, and shall receive for their services such snuls as the City Council shall allow, payable from the city treasury. SEC. 5. When on duty, the chief engineer and assistant en- 126 REVISED CITY ORDINANCES. gineers shall each weir a white fire cap, with the name of his office on the front. No cap of the same color shall be worn by any other fireman. The chief engineer and the assistant en- gineers shall severally have power to command such assistance from the inhabitants of the city for the suppression or ex- tinguishing of fires, and for the preservation of property exposed to fire, as may be required. They, or either of them, shall have full power to suppress all tumults and 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 required, and shall not be excused by the engineer in command, or shall refuse to obey any other lawful command of the chief or an assistant engineer, or if such fireman or other person should refuse or neg- lect to depart when ordered so to do as aforesaid, the fireman or other person in either case so offending shall for each offense forfeit and pay a fine of not exceeding twenty, or less than five dollars. SEC. 6. The fire department shall continue as at present or- ganized, with such additional engines, hose, hook and ladder or bucket companies as may from time to time be needed; but no fire company shall hereafter be established except by authority of the City Council, and subject to all the provisions of this ordinance. SEC. 7. Each company in the fire department shall be under the immediate command of a foreman and other officers to be elected by the members of said company from their own num- ber, The foreman of such company shall have the special charge of the property of the city to which his company may be attach- ed. It shall be his duty to see that said property is properly taken care of, and to report any deficiency, detect or want of re- pair therein, as soon as known to hirer, to the chief engineer. Each foreman and the cornpany under his command, unless excused or otherwise directed, shall proceed as soon as practi- cable, with their engines and apparatus, to every fire that shall REVISED CITY ORDINANCES. 127 occur in the city, and shall proceed, under such directions as may be given by the chief engineer, or either of the assistant engineers, to locate their engine and apparatus, and do all that may be necessary towards extinguishing the fire and the preser- vation of property exposed to fire, and shall not remove there- from without permission of an engineer, if any be present, 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 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 per- son shall be admitted as a member of any company belonging to the fire department who is not of the age of eighteen years or more. SEc. 8. No engine or other property belonging to the city, connected with the fire department, shall be taken out of the city, unless under such regulations as the Chief Engineer may from tune 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 applied to private uses, or be taken from the house where it is usually 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 lire engine, hook and ladder truck, or hose or bucket cart, shall, hi going to or returning from any fire, or at any other tune, be run or drawn upon any sidewalk, except by the special order 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 offense. 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 there- in, and no such building shall be opened on Sunday, except in case of an alarm of fire. 128 REVISED ['1T o1DIN.].NO1 S. REVISED CI'1"1 UitDTNANCES. 129 Si.c. 11. Any person who shall .lie convicted of insulting, menacing, or wantonly interfering wit.li any engineer or fireman, while on duty, or shall without authority give any order to any engineer or fireman, glide on duty, shall tor each offense forfeit and pay a fine of not less titan five dollars. SEC. 12. There shall he paid to each fire company, hi quar- terly payments, in each year, for keeping clears their engines, fire apparatus and houses, and for other expenses, except. repairs, such sum as tlic City Council may from time to time deter- mine. SEC. 13. No person shall open or leave uncovered any of the public cisterns, or take any water therefrom, except for the pur- pose of extinguishing fires or watshing fire apparatus, under a penalty not exceeding ten dollars for each offense.. SEC. 14. The fire engines, hook and ladder trucks, hose carts, hose, buckets, hooks and ladders, and other fire apparatus, and the houses and lands used therefor, are and shall be subject to the control and direction of the City Council, and nothirrg herein contained shall divest the city of its property, or in any manner impair its right at any time to take possession of the sauce, or any portion thereof. Sae. 15. No person, except by direction. of the Chief' Engi- neer, or other officer in command at any tire, shall furnish, sell or give to ruby fireman during the fire, any intoxicating liquor of any kind, under a. penalty of not less than five, nor more than fifty dollars. SEC. 16. It shall be the duty of the Marshal and lleputy Marshal to repair immediately to every tire that. may occur in the city, as soon as the alarm may be givers, and they, or either of them, may prescribe limits in the vicinity thereof, within which, no person not residing therein, or not connected with the fire de- partment, or Tie#filly employed in extinguishing the fire, shall be permitted to come, slider a penalty of five dollars ; and they, or either of theirs, may appoint. as property guards, such a Iiuinber uin of known and reputable citizens of the city, tls may be necessary to aid hi the guarding, protecting and preserving of property at any fire ; and the persons so appointed shall have and possess the same powers as police officers during the dine they shall so act, and the Marshal shall return a list of' such persons to the ()ity Council, and they shall be entitled to receive such reasonable compensation as the City Council may allow. SEC. 17. Whoever shall wilfully, maliciously, or negligently break, deface, destroy, or in any Manner injure any fire -engine, or other fire apparatus belonging to the city, or shall, in any manner injure, or interfere with any of the public cisterns, or any platform constructed tor the use of the steam-engine, or shall in any manner obstruct, or inentnl)er with lumber, wood or other rhra,terial, aiiy passage way to such platform, shall be fined not less than $10, nor more than ;100 ; and the passage way herein mentioned is declared to be the space of ten feet on each side of the direct line from such platform to the nearest point on the nearest street, in the vicinity of such platform. CHAPTER XXXI.V. AN ORDINANCE to define the Limits of the Fire District. SEC. 1. Limits of Fire Distriet5. See. 2. Frame Bu ldings prohibited. 3. Not to prohibit when less than eight feet square, 4. Wooden buildings not to be re- morori. 5. Damages to be determined by three persons. R. Violation of punished. 7. Es tabltshingLumberYardalu fire limits prohibited. S. Not to apply to yards already es- tablished. Be it Ordained by the City Council of the City of Dubuque; SECTION 1. That all that part of the city lying within the fohi wing limits is herellr denominated the tire district, viz : be- tween the south line of lots frontiiiwr on the south side of Jones street, on the south ; the alley between White and Jackson streets on the east ; the west line of the lots fronting on the west side of Bluff street on the west, and Seventeenth street on the north, and including the lots fronting on the north side of said (17) 130 REVISED CITY 01WJNANCES. street, between said Bluff and White streets, and all that portion of the City of' Dubuque, bounded on the north by 14th street., on the south by 5th street, on the west by White street, and on the east by Washington street. SEC. Z. That no person shall hereafter erect, or place any building, or part of a building, within the fire limits of the city, unless all the outside walls thereof shall be built of stone, brick, or other fire proof material. And if any building, or part of a building not made and coristructed.of stone, brick, or other fire- proof material, shall be erected or placed within the aforesaid prescribed limits, contrary to the provisions of this ordinance, the owner or owners, builder or builders, shall severally forfeit and pay the sum of fifty dollars ; and every building, or addition to any building erected or placed within said limits in violation of this ordinance, is declared a nuisance, and shall immediately be abated by the City Marshal. SEC. 3. That nothing contained in the preceding section shall prohibit the erection within the aforesaid prescribed ]units of any building of wood, -which shall not be more than eight feet square nor of any wood house for keeping and storing fire -wood, which stall not exceed twenty feet in length, twelve in width and twelve hi height ; 116]. of any barn which shall riot exceed twenty-four feet in length, sixteen in width, and not more than twelve feet in height, from the surface of the earth to the roof ; Proz tided, such small buildings, or wood house or barn shall not be made to front upon any street ; and the City Council may-, by special permit, authorize the erection of any t'ranie buildings within the limits aforesaid, on application in writing being made and signed by the owners of not less than two-thirds of the block upon which such building or audition is to be erected or placed. SEC. 4. No -wooded building, or part of any wooded building within the fire limits shall be raised or enlarged ; nor shall any such wooden building, or part of any wooden building within the fire limits, be removed to any other place within the same ; RREVISE1) CITY 0La.I]IN ANC ES. nor shall any sncli building, or part of building be removed into the fire limits, from without the saiuIe ; nor shall any wooden build- ing within the fire limits, which may become damaged to the extent of fifty per cent. of the valise thereof, by- fire or other casualty, he repaired or rebuilt ; nor shall any such building, when the damage thereto is less than fifty per cent. of its value, be so repaired as to be raised higher than the highest point left standing after such. damage shall have occurred, or so as to occupy a greater space than before the injury- thereto. SEc. 5. The anlount of, or extent of damage that inay be done to any building, may be determined by three disinterested per- sons, residents of the city, one of whom shall be chosen by the owner of the building, the second by the Mayor, and the two so chosen shall select the third, and if the owner refuse to make a selection, the Mayor may select tsir hull, and the decision of the persons so chosen shall be final and conclusive. Stx:. 6. That any owner or builder, or other person who shall own, build, or aid in the erection, raising, enlarging, or re- pairing, or removing of' any building within the fire limits, con- trary to the provisions thereof, shall be subject to it penalty of not less than twenty-five, nor more tliarl one hundred dollars, and every such building so erected, raised, enlarged repaired or re- moved, stall be deemed a nuisance, and the Marshal may, when directed by the City Council, abate the same. Sr c. 7. That no person shall keep or establish a Lumber Yard for the deposit of lumber within the fire limits of this City, except. by special permit of the City Council, on application in writing, signed by the owners of two-thirds of the property in the block in which such lumber yard is situated, and any person who shall violate the provisions of this section, shall for- feit and pay a fine of not less than ten dollars nor more than one hundred dollars for the first offense; if' the yard is continued in violation of this section for the space of six days after the first fine, it shall be a second offense, for which the party shall be fined not less than twenty-five nor more than one hundred dollars ; 132 Iaxisr.n CITY ORDINANCES. BEVI 1P CITY ortznNArvcEs. 133 and each subsequent continuance of the lumber yard for six days, shall be another offense, for which the party offending shall be fined not less than twenty-five dollars. SEC. 8. This ordinance shall not apply- to persons who now have lumber yards within the fire limits, provided such yards have been established fir the space of three months next prior to the passage of this ordinance. CIIAPT.ER xxxv AN ORDINANCE relating to Gunpowder. SEC. 1. Powder not to be kept in city. SEC. I To he removed in case offire. 2. Dealers not to keep more than 4. mine premises. 3. Yerrimt not to Ebe given drunkards. 541bs. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. No person (except persons keeping not exceeding two pounds for their own use.) shall keep, sell, or deliver gun- powder within the eity, in any quantity, without a written per- mit from the city, signed by the Mayor and attested by the Re- corder under the seal of the City, under a penalty of twenty dollars. Sim. 2. No person to whom any permit shall be granted to keep or sell gunpowder, shall deposit or keep in store exceeding fifty ponnds of gunpowder within the City, unless the sinne be kept in a warehouse or other building situated at least three hundred feet from any other building, nor shall he, at his place of business, or elsewhere within the City, sell, or deliver any gunpowder, camphene, or other like explosive substance or liqnid, by any fire, candle, or lamp -light, unless in sealed calls, canis- ters, or cases, under a penalty of not less than five, nor more than twenty dollars for each offense. Sac. 3. Any person keeping gunpowder in any building, shall, in case of such building taking fire, or being in danger of taking fire froin any burning building near, or adjacent there- to, immediately cause such gunpowder to be removed; and in case he shall be linable to remove the salve, lie shall forthwith notify the officer in command at such lire, of the location and quantity of such gunpowder, and for a failure to comply with the requirements of this section, he shall be subject to a penalty of not less than twenty-five, nor more than one hundred dollars. SEC. 4. If it shall come to the knowledge of the Mayor, or he has good reason to believe, that any person keeps, or has on hand a greater quantity of gunpowder than is authorized here- in, or any quantity whatever, in violation of the provisions hereof, he shall direct the Marshal to examine the premises of sneh person, and if gunpowder be found therein kept in viola- tion of this ordinance, the Marshal shall remove the whole thereof, and the permit of such person, if he have one, shall be forfeited; and the _Marshal shall have power to enter any build- ing or premises, or any part thereof, for the purpose of enforcing the requirements of this section. SEC. 5. No permit shall be grantees to any notoriously in- temperate, or imprudent person; and ail permits granted under the provisions thereof, shall expire on the last day of March, in each year. CHAPTER XXX\TI. AN ORDINANCE in relation to the manufacture and storage of inflammable oils and substances. Esc. 1. Not to manufacture in city. Sim. 3. Violation punished K. Not to keep aver five barrels. Be it Ordained by the City Council of the City of Dubuque : SECrioN. 1. No person, company, or corporation, shall manu- facture or carry on, or continue any manufactory, or establish- ment for the purpose of making, producing, refining, distilling, or in iuiv manner generating coal or earth oil, petroleum, kero- sene, gasolene, carbon oil, benzine, benzole, naphtha, cainphene, burningfluid,coal oils, or other easily inflammable substance, with- in the tire limits of this city; nor shall any of said acts be done, 134 REVISED CITY ORDINANCES. continued or carried on outside of the fire limits and within the city limits without the prior consent of the City Council. SEC. 2. No merchant, dealer, painter, or other person, com- pany or corporation, shall, within the fire limits of the city, keep on hand in any store, building, cellar, or other place within said fire liinit.s, a greater quantity of canlplrene, benzine, benzole, kerosene, naphtha, or other coal oils, or other easily inflammable burning fluid, than one barrel, not exceeding forty-five gallons of each at any one time, not exceeding five barrels in all; and benzine, benzoic, or naphtha, kept for retail, shall be sold by. daylight only, and shall be kept in a tin can, or other metal- lic vessel; Provided, That any dealer, merchant, or other per- son, if he keeps none of the other oils or inflammable substances named or referred to in this ordinance, may keep five bar- rels of kerosene, or two of benzine, or two of any other kind, not exceeding five in all, and if retailed, it shall be from tin eans, or other metal cases. Provided. also, that kerosene may be retailed by gaslight. Outside of said fire limits, no such per- son, company or corporation, shall keep any of said articles other than as above provided, without the consent of the City Council. SEC. 3. Whoever violates any of the provisions of this ordin- ance shall be guilty of a misdemeanor, and shall be fined not less than five, nor More than fifty dollars for each offense; and every day that any of the said articles or substances are made, kept, or stored contrary to this ordinance, shall be deemed a new and distinct offense. M REVISED CITE ORDINANCES. CIIA.PTER XXXVII. AN ORDINANCE to prevent Fires. SEC. I. Stove pipes regulated. 2. Not to burn shavings or straw. SEC. 3. Straw or Hay staeked in city. 4. Rendering of lard or grease. 135 Be it Ordained by the City Council of the City of Dubuque : SECTIon 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, unless it is sufficiently surrounded by brick, stone, or other incombustible substance, so as to be at ]east three inches removed from any wood or combustible, and all chimneys and stove pipes, shall in all cases extend at ]east two and a lialt' feet beyond the roof or side of the house through which it passes, but no pipe shall project into any street. SEC. 2. That no person shall set fire to, or him' any shavings, straw, or other combustible materials, in any street or lot in said city, within twenty feet of any building. SEC. 3. That no person shall stack more than one ton of hay or straw, in any lot of said city, within one hundred feet of any building, and any person violating any of the foregoing provis- ions of this ordinance, shall forfeit and pay any sum not less than five dollars for each offense, to be recovered before a court liaviI1g jurisdiction, with costs. SEC. 4. That no person shall use any building for trying, or for rendering lard or grease. or boiling oil or varnish, if €;neh building shall stand within one hundred feet of any other build- ing, 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 with- in ten feet, it shall be covered with iron, zinc, or tin, and any per- son who shall violate the provisions of this section, shall forfeit and pay any suin not less than twenty dollars for each day's continuance of the use of such building for the purposes afore- said, to be recovered before any court having jurisdiction, with costs. 13f REVISED CITY ORDINANCES. CIIAPTER XXX\TIIT. AN ORDINANCE to prevent the erection of dangerous buildings and walls. SEC. I. Doors. 2. Stairs. 3. Theatres. 4. Duty of City Engineer. 5. Penalty $25 to $100. 6. Party walls of brick. 7. Foundations 8. Thickness of walls. 9. Thickness of upper walls. 10. Thickness for public buildings. 11. Thickness of brick walls. 12. Fire proof partition walls. SEC. 13. Heading course. 14, Wooden columns for store fronts. 15. hoof trusses of 16. No winding stairs allowed. 17. Chimneys and flues. 18. Penalty ten dollars. 19. Chimney not to be built in any loft. 20. Public buildings changed in ninety days. 21. Plans filed with engineer. 22. Not retrospective ou dwellings. Be it Ordained by the City Council of Ike City of Dubuqu-e : SEorlorr 1. That the doors of Churches, Theatres, Public School Houses, Colleges, Court houses, and all other public buildings in the City of Dubuque, except stores, shall be so con- structed as to open outwardly, and to furnish an easy egress from the saline in case of alarua from fire or other cause. SEC. 2. That all winding stairs in any building in the pre- ceding section described, are hereby declared to be a nuisance, and subject to statement as other nuisances. The aisles in all such buildings shall be kept open and unobstructed, and the use of all reasonable precautions to prevent accident shall be adopt- ed. SEC. 3. That in all theatres and other places of public amuse- lnent, the dressing room shall be separated from the stage by fire -proof doors, and the stage separated from the auditorium• by a fire -proof drop curtain, capable of being lowered instantly-; and enough water shall be kept between the flies to flood. the stage floors at a moment's warning; and a fir'elnarl shall be sta- tioned in each of said buildings when an a.udienee is within the same. SEC. 4. It is hereby made the duty of the City Engineer, un- less another person be appointed by the City Council for the purpose, to inspect the buildings last above mentioned once in every three months, and to report to the City Council any defect therein, or any want of conformity to the last section, and it rri:VISED CITY ORDINANCES. 1:31 snail thereupon become the duty of the City Council, if said report shall be deemed by them well founded, to notify the owners or tenants of any such building, to make the same Con- form to said requirements, and if such owner or tenant shall fail to do so within a reasonable tiine, said Council may declare the same to be a linitarlee, and direct the City Marshal to close the building against the public use of the same; and it is hereby made the duty of the City Marshal, on receiving such direction from the Council to carry out said order. SEc 5_ If any person, whether owner or tenant of snch building, shall occupy the salve for public entertainment after such notice shall have been given, he shall be declared guilty of a misdemeanor, and on conviction shall pay a fine of not less than twenty-five dollars, or more than one hundred dollars and costs. SEC. 6. No buildings of any kind or description shall be erected or constructed within the fire limits, as described in the City Oidinances, unless the outside and the party walls thereof shall be composed of' brick, or other incombustible material, without the consent of two-thirds of the whole Council, and two-thirds of the property -owners of the block upon which such building is to be erected, SEC. 7. I'onudations for all buildings, where foundations are necessary, shall be as follows: The trenches to be dug down at least four feet below the surface of the ground, to secure the walls against the effect of' frost; foundations always to be dug down for every kind of public or private building, erected of stone, brick, iron, or other composition building material, to an equal soil of sand, gravel, hard clay or rock, and to be carefully examined before commencing building. It' no equal soil can be found, concrete foundation to sufficient width and depth to be inserted, especially on Churches, Theatres, pnblic and heavy Factory and Storage buildings. Sac. 8. The thickness of foundation walls of all Public., Churches, Theatres, Factory, Store and Storage buildings, over (18) 138 REV ISEI) CITY 0K11INA14JES. twenty-four feet high, shall have two to three .footing courses from twelve to fourteen inches thick, each, and the first course to be built of large flat stones, to be not less than four feet wide; on buildings from three to five stories high, not less than five tar six feet wide; said tooting courses to project equally on, in, and outside beyond the upper wails; footing, courses for partition walls on such buildings, not to be less than three feet six inches wide; footing courses for two-story buildings, not to be less than three feet wide, fourteen inches thick; for one and a half story high dwellings, two feet Six inches. Siw. 9. The upper walls to level of ground, or first floor, to be in proportion to the Height of stories or buildings as follows: For two-story building, two feet; three-story buildings, three feet; fur -story buildings, three feet six inches; five -story build- ings, four fret, and so on; upper or cellar walls on two story dwellings to be two feet thick, partition walls twenty inches; on one and one-half story buildings, upper walls to be twenty inches thick; partition walls eighteen inches thick; foundations for in- side wood, brick of iron pillars, to be of sufficient width and depth to secure sextuple security for superstructure. SEc. 10. The thickness of walls on stone buildings to be as follows: Stone walls for Churches, Theatres, and all buildings named in section eight (8) of this ordinance, over thirty (30) feet high, to be three (3) feet thick, with difference of sets to two (2) feet and eighteen (18) inches. Walls for two (2) story buildings and dwellings to he twenty-four (24) to twenty (20) inches thick. Walls for one (1) story dwellings to be eighteen (18) inches thick. SEC. 11. The thickness of brick walls to be as follows: All brick buildings above the basement, which shall be more than two (2) stories high, the outside wall of the first story shall not be less than sixteen 16) inches thick. If four (4) and five (5) stories high the first story walls to be at least twenty (20) inches thick; seeond. not less than sixteen (16) inches; third, not less than twelve (12) inches; fourth, not less than eight (8) inches REVISED CITY ortDIti,s.NCF:s. 1.3i thick, and with the exception of the front vvaUs shall extend at least twelve (12) inches above the root'. Inside partitions of stone and brick buildings, built of brick, to be from twenty (2tJ) to eight (8) inches thick, to allow triple security for superimpos- ed weights. Provided, That buildings ereeted and used as dwellings only, may be constructed with walls in all cases, four (4) inches less than is hereby above specified for public build- ings; and, Provided further, that any building, cottage or barn, one story in height., may be built witli walls not less than eight (8) inches thick; and that frame buildings of one (1) story, not exceeding sixteen (16) feet in height, with walls resting on wood- en sills, placed not to exceed one (1) foot above the grmind, to be lined with brick four (4) inches thick on the outside. SE..C. 12. That every building hereafter ereeted, in which par- tition walls, supporting floor beams, columns, ttc., may be re- quired, except Churches, Theatres, or other public buildings heretofore named in this ordinance, shall have one or more stone, brick or fire-proofpartit.ion walls, which, when built of stone or brick, may be four (4) inches less in thickness than outside wall, as first above specified; Prov.d&d, They are not more than fifty (50) feet in height; or in place of walls, there shall be. brick piers, iron or wood columns, with girders and joists sufficient to carry their superimposed weights, allowing quadruple security. In all buildings over twenty-five (25) feet in width, and not hay- ing either brick or stone partition walls, or girders supported by columns or piers, the walls shall be increased an additional four (4) inches in thickness for every additional eight (8) feet in width of said building. or any portion thereof. Sar. 1 3. In every brick wall at least every fifthly course shall be a Treading course, except where walls are faced with pressed brick, in which case, every fifth course shall be bound into the backing by cutting the course of the face brick, and putting in diagonal headers belrin.d the same, or by putting in iron strips straight or in fi form. In all the walls that are faced with their ashler anchored to the backing, or in which the ashler has not either alternate headers and stretchers in each course, or alternate 140 BEN-18ED CITY ORDINANCES. heading and stretching courses, the backing of brick shall be not less than twelve (12) inches thick, The backing in all walls of whatever material it may be composed, shall be of such thick- ness to make the walls, independent of facing, conform as to the thickness with the requirements of this ordinance. The full thickness of iron fronts shall be filled in with brick work. All trimmers for stair holes, around chimneys and windows, and other openings, shall be double thick, joists for store, church, and other public buildings, as described in this ordinance, not to be placed more than twelve (12) inches from centres. SEe. 14. In wooden columns to be used for store fronts, or any other building higher than one (1) story public buildings, churches, stores, storage buildings, school houses and court houses to be well anchored to each tier of joist, every pillar to be well. secured. Anchors and through bolts to be of the best wrought iron. SEC. 15. All roof trusses constructed of wood to be well bolted and braced, plans to be submitted for examination. All iron, roof and truss, and girder constructions to be of the best cast iron ; supporting bolts of best wrought iron of sufficient thickness to carry the weights of the roofs, or their superin- grossed weights, allowing sextuple security. SEC. 16. No winding stairways will be allowed to be put up in any public building or buildings, or in any other buildings where rooms or halls are used for public purposes. Every public building shall have at least two (2) main stair flights landing to each story, not less than five (5) feet wide, built on strong stringers, or constructed of iron having strong railings. Stairs from upper stories downward, to increase in width at least one (1) foot for each story. Every public building to have at least. two (2•) main entrances, and one or two rear doors, which in all cases are to open outward. Main doors not to be less than five (5) feet wide. SEC. 17. No chimney shall be built with less than four (4) inches thickness of brick or stone wall, completely imbedded in 4 REVISED CITY ORDINANCES. 141 lime mortar, and all the joints filled -with mortar. No flue shall in any ease be less than six (6) by eleven (11) inches, and if in- tended for two full stories, not less than six (6) by sixteen (16) incites ; and for three stories or more, not less titan six (6) by twenty-two (22) inches. holes for stove -pipes shall have a sheet iron thimble or other fire proof material inserted into the chimney, imbedded in mortar, and a tin or sheet iron stopper, with a flange at least one (1) inch wide, outside of the brick. Every person who shall build or cause to be built, a chimney con- trary to this section, shall for every such offense, forfeit and pay the stun of ten (00.00) dollars, and every owner of any chim- ney- that shall be built contrary to this section, shall cause the same to be altered within ten days after notice shall be given by the City Engineer so to do, or forfeit the sum of ten ($10.06) dollars, and also ten ($10.00) dollars for every month thereafter, so long as said chimney shall remain unaltered. SEC. 1S. That no person shall build or eause to be built, a chimney resting upon any part of the building, liable to settle, unless such foundation is permanently constructed and secured with the rafters, where the chimney passes through the roof, so that the whole may settle together, under penalty of ten ($10.00) dollars for every such offense, and a further snm of ten (10.00) dollars for every week it shall remain, after notice given by the City Engineer to alter the same. SEC. 19. That no chimney shall be commenced in any loft, unless there are fixed stairs leading to the saute, easy of access at all times, and no stove pipe shall pass through more than one ceiling before entering a chimney, under penalty of ten ($10.00) dollars for each offense and a further sum of two (i2.O0) dollars fur each week either shall remain after notice shah be given by the City Engineer to alter the same. Stove pipes shall not be less than four (4) inches from. any wood or other combustible material, unless there is a double circle of tin connected together and air holes through the connecting tin, between said pipe and the combustible substance, under the penalties of three (3) dol- lars, and the further sum of one ($1) dollar, for every three (3) 142 REVISED CITY ORDINANCES. days it shall remain, after notice from the City Engineer to alter the same. SEC. 20. And be i t further ordained, tlrat the doors, stairways, and other entrances of all public buildings heretofore construct- ed, as also the staging of theatres now in existence, shall within ninety (90) days from the passages: of this ordinance, be made to conform to the provisions thereof. And that on and after the ex- piration of said ninety (90) days, that such building be closed against public assemblies, till the salve shall be made to conform thereto, and that each and every person having control of such building or buildings, who shall open or attempt to open such building or buildings to the use of the public assemblies, shall be fined in any sum not exceeding one hundred (h100) dollars. Sm. 21. That the plans and specifications of all the building improvements in this ordinance provided for, shall first be filed in the office of the City Engineer, to be examined by him, or some person to be appointed by the City Council, and if said plans and specifications be found to comply with the requirements of this ordinance, then, that said City Engineer, or other person ap- pointed by the City Council as aforesaid, shall certify to the cor- rectness of said plans and specifications, which certificate shall be signed by the Mayor, and given to the party applying therefor. Sic. 22. This ordinance shall not be so construed as to have reference to any dwellings or stores now erected, or in course of erection. CHAPTER XXXI.X. AN ORDINANCE to regulate Ferries. SEC. 1. Ferry boats must get license. Ric. 2. Acting without punished. Be it Ordained by the City Council of the City of Dubuque: SECTION 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 IREVISED CITY of i)INAnc'Es. 143 bank of the Mississippi river, or shall use any boat or boats of any kind or description for terry purposes, within said limits, without being duly authorized by a license from the City Coun- cil, shall be Eublect to a fine of not less than thirty dollars, with costs of prosecution, tor 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 anv description used for ferry purposes, in violation of the preceding section, or who shall receive for the purpose of transportation from any point within the limits of the City of Dubuque to the opposite bank of the Mississippi river, upon any boat or barge not duly licensed to run as a ferry boat, in or from the said City, any freight of any description whatever, shall be subject to a fine of not less than ten dollars for each offense, with costs of prosecution. CHAPTER XL, AN ORDINANCE to prevent Nuisances. SEC. I. Slaughtering In city. SEC. 6. Nuisance to be removed at ex- 2. Carcass of animals. pence or. 3. Cellars. vaults and drains. ". offal, filth or manure. 4. Soap factory and butcher shops. 8. Privy vaults must be twelve foot u. Power of Mayor. deep. 9. Less than twelve feet a nuisance. Be it Ordained by the City Council of the City of Dubuque: Smx-roN 1. That no person shall slaughter any cattle, sheep, calves, or swine, or erect, construct, alter or use any building for the purpose of slaughtering therein, within that part of the City contained within the limits of the City of Dubuque. No per- son snail occupy or use for slaughtering or for purposes connect- ed therewith, any building not now used for such purpose with- in the present limits of the City without permission of the City Council. Whenever any building now nsed or which hereafter may be used for such purposes, shall be deemed by them a nuis- ance the City Council may order the removal or .iisnse of the same, and may restrict the location of buildings for such use to prescribed limits, or totally prohibit the same within the City. Any person who shall violate any provision of this section, or 144 REVISED ['.VFY ORD1NANOES. Who shall refuse to remove or discontinue the use of' any build- ing for the purpose of slaughtering, when so ordered by the City Council, due notice of such. order leaving been given, shall be subject to a fine of not less than five dollars, or more than fifty dollars for each offense. SEC. 2. No person shall cast or leave exposed in any street, alley, lot, common, or water -course within the City, the carcass of any animal, or any putrid or unsound meat, fish or other sub- stance, or make, use, keep, or permit, in his, her, or their dwell- ing house, shop, store, factory, out -house, cellar, yard, lot, or any other place within the City, any noisome or offensive liquid, or substance prejudicial to the health of the citizens, or an an- noyance to the neighborhood, or throw any filth, manure, offal, or other offensive platter, into any street, alley, lot or water- course in the City, and any person who shall violate any provis- ion 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 offense, and for every day that such nuisance shall remain after such notice. Sic. 3. If any person shall suffer or permit any cellar, vault, private drain, pool, privy, sewer or grounds, upon any premises owned or occupied by him, to become nauseous, foul, offensive, or injurious to the public health, he shall be subject to a fine of not less than one dollar, or more than twenty dollars for each offense, and to a like tine for every day such nuisance shall con- tinue after notice to remove or abate the same. SEC. 4. Any owner or occupant of any soap factory, candle factory, butcher's shop, meat packing house, livery stable or barn, who shall suffer the same to become nauseous, foul, or of= Pensive, shall be fined not less than one dollar, or more than twenty dollars for each offense. SEC. 5. The Mayor or City Marshal shall have full authority to enter into and examine, at any time between sunrise and sun- set of each day, any building or part thereof or any lot or REVISFI) CITY ORDINANCES. 145 ground, which they may know or believe to be foul, offensive or prejudicial to the public health, and they may direct the cleans- ing 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 neg- lect or refuse to remove any such nuisance, when so directed, shall be subject to a fine of not less than five, nor more than twenty dollars for each offense. SEC. 6. If at any time it shall become necessary, in conae- (pence of the neglect or refusal of any person,t o 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 chargeable to the person who shall cause such nuisance, or per- mit the same upon his premises, and shall be collected by suit or otherwise, with as tittle delay as possible. SEC. 7. That if any person shall perinit or allow any offal, filth, manure, or offensive platter of any kind to accumulate or remain on that portion of' any street or alley abutting on the front or rear of the premises owned or occupied by hint, and shall not remove the same within five hours after being notified by the Marshal so to do, he shall be subject to a fine of not less than one nor more than twenty-five dollars. SEQ. 8. That no privy vault shall be erected hereafter within the limits of the City unless the vault to the same be twelve feet deep. SEC. 9. Any privy vault erected without a vault of the depth efolesaid shall be deemed a nuisance, which may be summarily removed by the City Marshal, and any person erecting, keeping or maintaining the same shall pay a penalty of five dollars for each day's maintenance of the same. 146 REVISED CI'I'T ORDINANCES. 1 REVISED CITY ORDINANCES. 147 CHAPTER XLI. AN ORDINANCE to enfor 30 the observance of the Sabbath. S c. 1. Sabbath observance. SEC, 3. No exhibition of show. 2, Not to play billiards. Be it Ordained by the City Council of the City of Dubuque : SECTION 1 . That any person who shall offend against the first section of an act of the State of Iowa, entitled "an Act for the observance of the Sabbath,'' passed dannary 19th, 1855, shall be subject to a fine of not less than five dollars for each offense. Sue. 2. That any person or persons who shall permit in or upon any premises occupied by hire, her or them, the use of any pin alley, or the playing of any game of billiards, cards, dice, bagatelle, or other game of skill or chance, on the Sabbath,;, and any person who shall participate therein, shaT -1 e subject to a fine of not less than five, nor more than twenty dollars. Ste. 3. That no license issued under any ordinance of the City shall authorize any show, exhibition, Or other public amusement on the Sabbath, and any person who shah either as proprietor, keeper or agent., be engaged in any such show or ex- hibition. or who shall take part in any such amusement on that I ay, s11a11 be subject to a fine of not less than five, nor More than twenty dollars for each offense. CHAPTER XLII. AN ORDINANCE to restrain Claming. SEC. 1. Gaining punished SEC. 2. Keeping room punished, Be it Ordained by the City Council of the City of Dubuque : SECTION' 1. That any person who shall play for money or other valuable 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 play - in; 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, nor more than fifty dollars for each offense, 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 wlio shall suffer or permit other persons to frequent or remain in any house or room kept, owned, occupied or controlled by liiin for the purpose of gaming therein, shall upon conviction thereof, be fined not less than ten, nor more than fifty dollars, for each offense, with costs of prosecution. CHAPTER XL lI. AN ORDINANCE to secure the health Board of Health. SEC. 1. Iloardof health constituted under chapter 151, haws of the Eigh- teenth General Assembly. 2. To exercise a general supervision- 8. To provide a hospital. 4. Physician to report, 5. Marshal to obey Board. 8. City hospital. of the City —Appointing a SW. 7. Health officer. 8. Duty of Health officers. 2. Neglect of duty punished. I0. Inspection of boats. 11. Boats forbidden to land. 12. Ferry boats. 13. Rafts, 8kilrs or yawle. 14. IIse of hospital. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That the Mayor and Council of the City of Du- buque be, and the same are hereby constituted a Board of Health, in accordance with the provisions of Chapter 151, Acts of the Eighteenth General Assembly of the State of Iowa, and the provisions of said act, so far as the same are applicable, are hereby adopted and approved for the government of said Board. That all ordinances and parts of ordinances, inconsistent with this ordinance and said Act of the General Assembly, so far as the same is applicable, be and the same are hereby re- pealed, except Chapter forty of the Revised Ordinances, entitled, "An Ordinance to Prevent Nuisances"; also an act amendatory thereof, passed May 6th, 1869; "An Ordinance to Prevent Nuisances," passed November 9th, 1876; and such other ordin 14S REVISED CITY ORIDINANCES. antes as relate to nuisances and the prevention thereof, as may be in force in said City. SEC. 2. Said Board of Health shall exercise a general super- vision over the City of Dubuque, with full power to take all steps and use all means to promote the cleanliness and salubrity thereof; to abate nuisances of every description on both public and private property; to adopt such measures as they may deem proper to prevent the introduction or spreading of malignant, contagions or infectious diseases; and to remove or otherwise dispose of any person attacked by any such disease; and any person who shall neglect or refuse to obey any lawful order of said I3oard shall be liable to a fine of not less than five nor more than one hundred dollars. SEC. 3. Whenever any contagious disease shall break out or be found to infest the City, it shall be the duty of said Board to provide a hospital or place for the reception of all persons infect- ed with such disease, and remove all such persons to such hospi- tal without delay as can be removed, and also to provide, at the expense of the City, all necessary comforts and medical aid for the inmates of the hospital, and for this purpose the said Board may command the services of the County Physician, and also employ such other medical aid as they may deem necessary, and also employ suer' nurses, cooks and other help as may be neces- sary for the proper police of such hospital, but if such person refuse to be removed, of if his or her condition be such that in the opinion of the Board removal would be attendee} with dan- ger, said Board shall take such measures as they may deem ad- visable to prevent the spread of the contaTion or infection, and to cause the diseased person to receive proper and humane treat- ment. But in all cases where the infected person refuses to go, or cannot be taken to the hospital, such Board s11a11 cause suit- able notiees, with the name or character of the disease printed or written in large letters thereon, to be posted up in the most conspicuous place on or near the place of abode of' such infeeted person, and require the occupants thereof to maintain such notices there until said Board may discontinue the same; and REVISED CITY ORDINANCES. 149 any person wlio shall tear down or destroy such notices shall be fined in any sum not less than ten nor more than one hundred dollars. Soo. 4. That each and every physician who may be called upon to attend any case of small pox, cholera or other contag- ious disease, or shall at any time hereafter, attend anv such case, shall within twenty-four hours after first seeing any such case, report the same to the Mayor of the City or some member of the Board of health, stating the house or location where such case exists, in order that precautionary measures may be taken to protect the community against the spread of any such disease; and any physician attending upon any suck case, -within the City Limits, who shall neglect or refuse to report. the same as herein provided, shall be subject to fine of not less than ten nor more than one hundred dollars. SEC. 5. It shall be the duty of the Marshal, his deputy and the Street Commissioner to obey and perform implicitly every order, regulation and direction of said Board in all matters per- taining to the duties of said Board, and in any matter relating to the health of the City. SEC, 6. That the Mayor and health officers, are hereby author- i2ed and empowered to select and rent a piece cif ground. on the bank of the Mississippi river, at a point not to exceed three miles below Said City, for the purpose of erecting thereon a city hospital, for the uses and purposes hereinafter named. SEC. 7. That a health officer of said City, to be selected and appointed by said Council, or a committee thereof, shall be sta- tioned at said hospital to be erected as aforesaid, during the pleasure of the City Council, whose duty it shall be to hail or signal any and every steamboat bound upward on said river, and to board the same, and examine the sanitary condition of the passengers, officers and crew of such boat, and ascertain whether there is any case of cholera, small pox or yellow fever, or pre- monitory symptoms of cholera small pox, or yellow fever on board said boat. 150 REVISED CITY ORDIN.".NCES. SEc. 8. It shall be the duty of said health officer to make the examination aforesaid, and in case he stall find cholera, small pox, or yellow fever, or symptoms of cholera, small pox, or yel- low fever on board such. boat, to warn the officers thereof not to make a landing at the City of Dubuque, and in case he shall find no such cholera, or symptoms thereof, on such boat, to give the captain or other officer commanding the same, a certificate to that effect. SEc. 9. That any health officer, selected and appointed as aforesaid, who shall neglect his duty and permit any boat to pass without inspection and examination as aforesaid, when in his power to make such examination, or who shall knowingly make any false report, and give a certificate that there is no cholera or symptoms thereof on board such boat, when in truth and in fact such cholera or symptoms do exist on such boat, shall he fined not leas than one hundred dollars for every such neglect of duty or misfeasance in office, to be collected by snit in any Court hav- ing jurisdiction thereof. SEc. 10. That any boat that shall land at the City of Du- buque on an upward bound voyage, without having submitted to the inspection and examination of suchhealth officer as aforesaid, or that shall land at said City after haying been examined, with- out a. certificate of said health officer, that there was not at the time of such examination any cholera or symptoms thereof on board such boat, shall he fined in the stun of two thousand dol- lars for every such offense, to he collected by process of attach- ment. SEC. 11. That any steamboat on a downward voyage on smelt river, which shall land at the City of Dubuque, having on board any case, or eases of cholera, shall be tined for each offense the like aunt of two thousand dollars, to be collected as provided in the tenth section hereof. SEc. 12. That any ferry boat which shall land at said City of Dubuque, from the opposite side of said river, having on board any case of cholera, shall be fined for every such offense the sum REVISED CITY ORDINANCES. 151. of five hundred dollars, to be collected as provided for in section ten hereof. SEC. 13. That any person or persons who shall bring into the City of Dubuque, by a barge, raft, skiff, yawl or any other mode of conveyance, by land or water, any person having the cholera, knowing at the time that said person so brought into said City is infected with cholera, shall be fined in the sum of one hundred dollars, and be imprisoned for thirty days, or until such fine shall be paid. SEc. 14. That the hospital to be erected as aforesaid, shall be for the reception of any and all cholera patients found aboard of any boat examined as aforesaid, and it shall be the duty of such health. officer to attend the same, to furnish medicines and the attendance of a physician for such patients, and his services shall be paid for at a rate to be fixed by the City Council. CHAPTER. XLIV. AN ORDINANCE to guard against the running away of horses or teams, and to provide for the hitching of the same. Si,c. I. Horses should be hitched. 5EC. 2. Horses running away punished. Be it Ordained by the City Council, of the City of Dubuque: SECTION 1. That it shall be unlawful for any person or persons, to allow a horse or horses, with a carriage or other vehicle at- tached thereto, to stand on Main street, unless the same shall be attended by some person competent to prevent the same from running away, unless the same shall be properly hitched. SEC. 2. That any person whose team or horse shall run away, in violation of this ordinance, shall he liable to a fine of not more titan fifty dollars, in the discretion of the Court, and to pay any person injured, or aggrieved by such runaway, damages not exceeding one hundred dollars, under this ordinance. 152 nEVII I ]) C]TY ORDINANCES. CHAPTER XLV, AN ORDINANCE to provide for summoning juries. SEC. 1. SumtoCuing]uriee. SEC. 2. Compensation of. Be it Ordained by the City Council of the City of Dubuque: SECTION 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 ages of any asione. by st eetla,ll y the or high- wayn- , altering widening or annulling way, or in any suit or cause whatever, wherein the City of Dubuque is a party, when summoned by the Marshal or other officer legally authorized, without rendering a valid and sufficient excuse to said Marshal or other officer, at the time of being so summoned, or shall fail to appear at the time and place specifi- ed, 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, Ci shall ota return a f the time ompensation ancil upon r therefor, such sum as the City of such service by the proper officer, shall deers] just and reason- able, and shall allow for the same. CHAPTER XLVI. AN ORDINANCE to provide for the making of Deeds and Releases by the City of Dubuque. SEC. 1. City Council to make Deed. SEC. 2. Providing for Contract. Be it Ordained by the City Council of the City of Dubuque; SECTION 1. That whenever it shall be the duty of the City Coun- cil to slake and execute any deed or release for the conveyance of any real estate belonging to said city, such deed or release shall be made in the name of the city of Dubuque as party of the REVISE]) CITY ORDINANCES. 153 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 there- to the corporate seal of said city, and such deed or release may thereupon be acknowledged by the 'Mayor or president pro tens. executing the salve, which deed or reIea.se so acknowledged and executed shall be valid and effectual to convey all rights awl re- lease al! claims thereby purporting to be conveyed or released. S]:c. 2. Thaat all contracts shade by any committee of the City [ 'ouncil duly appointed, and by resolution of such Council duly authorized to make such contracts, shall, when signed by such committee or a majority thereof, be Valid against the city : Pro- vided. That the contract be first presented to said Council and by then] approved. CHAPTER XLVII. AI'1 ORDINANCE to license, tax and regulate the keeping of Dogs. SEC. 1. Owners must have License. SEC. 3. Mayor's Proclamation. 2. Dogs a 'Nuisance. 4. 'Running at Large. Be it Ordained by the City Council of the City of Dubuque : SECTION. 1. That any person owning or harboring any dog or hitch, shall procure a license therefor, which shall be issued by the City Recorder, for the term of one year, on presentation of the Treasurer's receipt for the sum of two dollars for each dog and tive dollars for 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 he lodged or fed with- in his or her house, barn, store or enclosure, shall be consider- ed as harboring the salve within the meaning of this ordinance. SEC. 2. If any person shall refuse or neglect to obtain a li- cense as provided in the preceding section, any dog or bitch own- cl or harbored by such person, shall be considered a public nui- sance, 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 (20) 1.54 v ISM 1 CITY 0Rr1IN.1.NCES. dog or bitch to be killed, and any person who shall ]hinder or re- sist the Marshal or any person under his direction, in. the duties hereby imposed upon him, shall forfeit and pay upon• contic.t.ion thereof. a fine of not less than five dollars, or be imprisoned not exceeding thirty clays. Sic. 3. Ally dog or bitch found running at large at any time, without za collar or other distingnishillg ]nark by which the own- er may be known, shall be deemed a nuisance and subject to the provisions of section two, of this ordinance for unlicensed dogs. CHAPTER XLVIII. AN ORDINANCE to prevent Hogs and other animals .from running at large. SEC. 1. Animals not to run at largo. SEC. 5. ImpotlndeT and sold. 2. r01.1nd provided. G. May be redeemed before sale. 3. Marshal's Fees.. 7. Interferon ceWith Poundpuniahod 4. Cows restrained ote. Be it Ordained by the Cite Council of the City of Dubuque.: SECTIol`. 1.. That any and all Ilorses., Mares. _Mules, Jacks, Jennies, Hogs, Pigs and Geese, running at large within the lim- its of the City of Dubuque, 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 secured therein all ]Horses, Mares, Mules, Jaeks and Jennies, ]logs and Pigs of any age or description, and all Geese, which shall 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 interfere with said pound without authority from the Marshal, or shall injure, open, break, or destroy such pound, with intent that any animal or ani- mals confined therein may be rescued or escape, shall, on convic- tion, be fined not less than five nor more than fifty dollars, with costs of prosecution. Scz:. `?. That any Hogs, Pigs or Geese, taken up and confin- REVISED CITY o.1WIN.1NCES. 1.55 ed in said pound, and not claimed by the owner thereof in twenty -tour hours, shall be sold at public ,auction to the highest bidder for cash, public notice of such sale having been given by writtelt notice posted in three poi lic places in the City, and any Horse, Mare, Mule, Jack or Jenny, taken up and confined in said pound and not claimed by the owner within five days, shall be sold at public auction to the highest bidder for cash, public notice of the time and place of such sale having been given by pnblishing the same for at least five days in the official paper of the City, provided that no sale of any Horse, Mare, Mule, Jack or Jenny shall be trade before the tenth day of the impounding of such animal, and the money arising from any 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 animal impounded shall claim the same of the Marshal before the sale, and pay the charges of taking up, keep- ing and advertising, and shall prove ownership to the satisfac- tion of the A[arslral, such animal shall be delivered to said owner. If in one month after the sale of any animal as herein provided, any person shall prove ownership to the satistactioa of the Marshal, he shall make a certificate of the amo:u r paid by lritn into the City Treasury, from the proceeds of such sale, and on presentation of such certificate to the Recorder he shall draw an order on the Treasury for the amount. Site. 3. 'The City Marshal shall be entitled to demand and receive; the suns of one dollar for each Horse, Mare, Mule, Jack or Jenny; twenty-five cents for each Hog or Pig; and ten cents for each Goose taken to said pound, with a reasonable suns for keeping, and twenty-five cents for notices of sale, and ten per cent. on the proceeds thereof to he paid by the owner or deducted from the proceeds; and shall report once in each month to the City Council any proceedings by hint under this ordinance. SEC 4. That between the hours of six (6) o'clock P. 3i., and six (6) o'clock A. ai., from November 1st to April lst•, and between the hours of nine (9) o'clock. F. 3I., and five (5) o'clock s. It . from April lst to November 1st, the running' at large of Cows, 156 RE ICED CITY ORDINANCES, Calves, Steers, _Bulls, Goats and Sheep within the limits of this City, be, and the salve is hereby prohibited; and the Marshal is hereby directed, in a pouIid to be procured by limp for the pur- pose at the expense of the City, to impound all animals found running at large, in Violation of this ordinance, till the salve are sold or redeemed as hereinafter provided. SEC. 5. That within twenty -tour hours after the impounding of any such animals, the Marshal shall post on the outer door of the City Hall building a notice, fixing the time and place, when and where such animals will be sold, and at the time fixed (which shall not be less than five days from the posting of such notice) and at the place designated the Marshal shall pub- licly sell such anifnals to the highest bidder, and oIi receipt of the amount bid shall execnte to the purrhaE,er a bill of sale, which shall be effectual to vest in him an absolute title to the animals sold, after deducting his fees, which for all services are fixed at fifty cents for each day, or portion of a day the animal shall have been in the pound, the Marshal shall pay the remain- der of the purchase money into the City Treasury-, from whence it shall be paid to the owner of the animal sold, if he appears for it within thirty days thereafter; otherwise to become the property of the City. SEC 6. That at any tirne before the sale as Herein contem- plated, the owner may redeem any annual by paying to the Marshal his fee as herein provided. SEC. 7. Tliat it' any person shall interfere with, or in any way obstruct the Marshal, or any one employed by him. in the enforcement of this ordinance, or shall release, or assist in re- leasing any animal from a pound established as herein contem- plated, or shall in any- manner interfere with or injure said pound without lawful authority so to do, he shall be punished by a fine not exceeding one hundred dollars (KW) or by im- prisonment not exceeding thirty days, in the discretion of the Court. [Sections 4, a, 6 and "+,passed September Sth, 18i8.1 • . 4- RI;VISED errr ORDINANCES. 157 CHAPTER. XLIX. AN ORDLLNANCE authorizing S. Chamberlain and others to construct, maintain and operate water works, and supply water to the city and citizens of Dubuque, defining their powers and privileges, and pre- scribing their duties. SEC. 1. Water company. 2. Repair the Rtreets. 3. Supply the city. 4. May take the water from level. 1. To extend as elty require. SEC. G. Reservoir. T. When City may purchase, 8. Works exempt. 9. When to take effect. 10. Interfering with property pun- ished. Be it Ordained by the City Council of the City of Dubuque : SEcrioN 1. That S. Chamberlain, J. W. Parker, H. W. Clark, N. W. Kimball and R.. J. Gibbs, their stneeessors, asso- ciates and assigns, as individuals or as a body corporate, under such name as they may hereafter adopt, be and are hereby an- thorized to construct maintain and operate water works in the City of Dubuque, with proper structures, machinery, reservoirs, embankments, aqueducts, pipes and conduits to supply the said City and its citizens with pure and wholesome water; to acquire and hold as by law authorized, any real estate, easements and water rights either within or without. the City necessary- to that end and purpose, and to use streets, alleys, avenues and public grounds of the City, as it is now or may hereafter be laid out and enlarged, exclusively for the term of fifty years from the date of this ordinance, for the purpose of laying therein pipes and conduits necessary to carry water throughout the City. Provided, That such pipes and conduits shall be placed below the surface, and so laid as not to interfere with or abridge the rights or privileges of the Key City Gas Company, or the Dubuque Street Railway vtly Company-, or to interfere with the present or future drainage of said City, and they may establish rules and regulations for and concerning the use of the water from their works, and for and concerning the conduct of such persons as may use the water, so far as respects its preservation noel use, and restraining the waste thereof, subject to review and approval of the City Council. SEc. 2. That before commencing work upon any part of any 15S REvISEII CITY OR11Lti, N l;t. street, alley, avenue, or any public grounds, they shall give the Street Commissioner of the City at least three days notice thereof, and during the progress of the work shall not nnneces- sarily obstruct any street, alley, avenue or public grounds, and shall complete each part of the work therein as soon as practica- ble, and restore the same to as good and like condition as before the work was commenced; and upon a failure so to do, or should the salve subsequently become out of good condition because of imperfect repairs, then and in that case the City may cause the proper repairs to be grade, and may retain the costs thereof out of any moneys then due or afterwards becoming due to said par- ties, and they shall be liable for any injury to persons or prop- erty caused by the negligence, mismanagement or fault of them- selves or any of their employees; and should the City be sued therefor, they or some rnanaging agent in their employ shall be notified of such suit, and thereupon it shall be their duty to de- fend or settle the same, and should judgment go against the City in any such suit the City shall recover the amount thereof, with all costs, from the said parties, and the record of the judgment against the City shall be conclusive evidence in the cause to en- title the City to recover against them. Sr.c.. 3. They shall supply to the City upon the several streets and avenues in which pipes and conduits may be laid at such points as may be designated by the City Council, such quantity of water as may be required by the City for fire purposes, and to that end they shall at their own cost and expense erect and at- tach as many hydrants and fire plugs (not less than seventyiive in number} as the City Council may direct, and shall keep and maintain the same in good repair, and protect there in win- ter SO as to keep them trorn freezing, each hydrant being so con- structed that two distinct attachments of hose can be made to it at the same time, the City to pay for the use of the water from said hydrants as follows: For the first 100, wT5 each per annurn, for all over 100 and less than 200, $50 per annum. Wlren 200 are in rise the charge shall be $,60 each per annum for all, which shall continue to be the charge until 300 shall be in use, REVISEID CITY ORDINAr`C'ES. 159 when the charge shall be $50 each per annum for ail then in use. Said parties shall furnish free of charge such quantity of water as said City may require for fountains of both Jackson and Washington squares in said City, whenever said City shall erect such fountains, and pay theme for the cost of the additional pipe required to conduct the water to the same; and they shall fur- nish to the citizens of the City upon the several streets and avenues in which pipes and water courses may be laid, and in such localities off the same as the eitizens may conduct the water to, such quantity of pure and wholesome water as they may de- sire, and may charge and collect for the same any price or sum that may be agreed upon, which shall not be more than the price set forth in the following schedule: Banks, per annum Bakeries, - Bakeries, per annum Barber - Barber Shops, per annum, one chair cc each additional chair Bath. Houses, per annum; per tub Blacksmiths, each fire, per annum Building purposes, per one thousand brick stone per perch - - Plastering, per one hundred yards Breweries, Distilleries, Follnderies, &c; Daily less than one thousand gallons, per one hundred gallon, Daily from one thousand to five thousand gallons, per one hundred gallons - - - - Daily over five thousand and under ten thousand, per one hundred gallons - Daily over ten thousand, per one hundred gallons Hotels and boarding houses. For each sleeping room - - - Dwellings houses not exceeding six rooms, annum - - - - Dwelling .houses, each additional room, per annum Offices, each, per annum - Printing offices, engine extra - Saloons, groceries and eating houses $1(] to $,15 00 10 to 15 00 8 00 3 00 $10 to 15 00 3 00 10 10 40 05 04 03 02 $1 to 1 50 per 8 00 1 00 - 5 00 $10 to 20 00 15to2000 160 REVISED CITY ORDINANCES. Stables, livery, per stall up to six per annum Stables, livery, each additional Stall, per annnnr Stables, private, per stall - - Steam engine, per horse power, [or as assessed] - Stores, dry goods, hardware, boots and shoes, books, etc., twenty feet front - - - - - Dry goods, hardware, boots and shoes, etc., twenty to thirty feet front - - - Sprinkling lot up to fifty feet front, per tap Sprinkling lot fr'onr fifty to one hundred feet front, per tap - F'ountains, private $3 00 2 50 3 00 to 5 00 8 00 10 00 to 5 00 t 4to0 00 5 to 2.5 00 SEI'. 4. That said parties may take the water for the sup- ply of the City and its inhabitants from the mouth of the level situate in Bachelor Hollow, or on Mineral lot No. 203, in Du- buque County, Iowa, and shall commence the construction of of the works herein provided for within six months from the pas- sage of this ordinance, and shall, within one year and six months from the time the saineiscommenced, have atleast six miles ofwa- ter pipe laid down and connectedwith said level, and in operation; and at the expiration of two years and si.x months at least ten miles of pipe so laid and connected and in full operation; and should they, because of any want of care or diligence on their part., fail either in the commencement or prosecution of the work as in this section provided, or having laid down the pipes as above required, shall in like manner fail to furnish to the City and its citizens pure and wholesome water hi snch quantity as they rnay desire and at the rates in this ordinance provided for, then and in either case the rights and privileges herein (ranted shall be forfeited, and shall revert to the City; and should the City or citizens at any time, through the wilfulness and carelessness of said parties.'their successors or assigns, be de- prived of the necessary water for thirty-six consecutive hours, the said parties shall be liable to a forfeiture of their rights un- der this charter, or at the election of the City they shall forfeit all claim for payment for stipulated price for all hydrants snp- REVISE➢ CITY ORDINANCES. 161 plying water to the City for the period of one year. Prov.ded, that whether a substantial breach of any of the provisions of this ordinance shall have been committed, shall be determined by a judicial declaration by a court of competent jurisdiction before a forfeiture of their rights under this ordinance shall take place, or their claim for payment of the stipulated price for hydrants forfeited. SEC. 5. That after the pipes and the mains shall have been laid as in section four provided, said parties shall extend the saine along any street, alley or avenue in the City, whenever the City Council shall order the same, and furnish to the City and its citizens along the line of such street, alley or avenue in the City, whenever the City Council shall order the same, such quantity of' water as may be required by them; Provided, That the City Council shall order at least an average of one hydrant tor every- one thousand feet of pipe, so extended to be attached for the use of the City, and to be paid for by it as before in this ordinance provided, and said City or its citizens also guarantee to such parties the use of such qnantity of water along the line of such street, avenue or alley as at the rates above stipulated will produce a sum of money sufficient to pay interest at the rate of' seven per cent. on the cost of the pipe required to be so extended. SEC. 6. That said parties shall so construct their reservoir at the mouth of the level, that the drainage of the neighboring ra- vines will not flow into the salve; and if at any time during the continuance of this charter, the water of said level shall be un- wholesome, or the quantity thereof insufficient to supply the de- mands of the City, then said parties shall be required to furnish a sufficient supply from the main channel of the Mississippi river north of Seventh street in said City, and to construct and use for that purpose engines and pumps of a capacity sufficient to force the water through the pipes to any part of the City; and whenever said parties fhii to furnish the quantity of water sufficient to supply the demands or the City and its citizens, or (21) 162 REti1SED CITY ORDINANCTS fail:to comply with every requirement of thin ordinance, then the Council may, by resolution, forfeit the rights hereby granted. SEC. 7. That at. any time after twenty years, upon giving six rnonth's notice, the City shall have the right to purchase from said parties all the buildings, machinery, pipes and other prop- erty, with all their rights and privileges, (but not. including any franchise herein granted, or that may be hereafter granted to said parties, which shall not be included in the estimated value, but in the purchase shall revert to the City,) at such price as may be agreed upon by the City Council and said parties. in case of a disagreement, the price shall be ascertained by five disinterested persons, non-residents of the City, two of whom shall be chosen by the City Council, and two by said parties, and the fifth by the four thus chosen. Said ascertained price shall be subject to the acceptance or rejection of the City Council, and said parties shall not be allowed to sell to any person, company or corpora- tion, without first giving the City Council the refusal to pur- chase at the Same rates offered by others ; Provided, That no pur- clla.se shall be rrrade by the City Council until the terms agreed upon or settled by arbitration as aforesaid shall be ratified by a majority of the legal voters of the City at a special election to be held for that purpose. SEC. 8. That the works and property connected therewith erected in pursuance of the privilege herein granted shall be ex- empt from City taxation until the year 1873. SEC. 9. This ordinance shall be in force from and after its publication in the Daily Times and National Deniokrat, newspa- pers published in the City of Dubuque ; provided, that the privi- leges herein granted shall not inure to the parties aforementioned, their successors or assigns, unless within thirty days from the • passage hereof, notice of the acceptance of the grant made by this ordinance is filed with the Mayor of the City. When such notice is filed it shall be the duty of the Mayor to make a procla- illati.on of such acceptance, which shall be regarded as the con- summation of a contract with said parties under the terms of REVISED CITY ORDINANCES. 163 this ordinance for a supply of water to the City, and its citizens under the terms and conditions herein provided. Passed December 5, 1870. SEC. 10. That it shall be unlawful for any person, except such as the City may designate, to interfere with the valves, caps, hy- drants, or other apparatus of the Dubuque Water Company ; and that any person convicted of a violation of this ordinance shall be fined in a sn.1n not less than one nor more than one hundred dollars. PROCLAMATION. To All Whom it May Concern : WHEREAS, S. Chamberlain, :Henry W. Clark, J. W. Parker, R. J. Gibbs and N. W. Kimball, have on this 16t11 day of Decem- ber, A. D., 1870, filed with me a notice, stating that they accept the privileges granted to them by the City Council of this City by an ordinance entitled "An Ordinance authorizing S. Chamber- lain and others, to construct, maintain and operate water works, and supply water to the citizens of Dubuque, defining their pow- ers and prescribing their duties," passed by the Council on the 5th day of December, A. D. 1870, therefore in pursuance of sec- tion 9 of said. ordinance, I do hereby give public notice of such .acceptance and of the closing of the contract between the City and said parties contemplated by said ordinance. In testimony whereof I hereto set my hand and cause the seal of said City to be hereto affixed, this 16th day of December, A. D., 1870. W. J. I%NIGIIT, 1I.Avox. Attest: SEAL.] C. G..HABGUS, RECORDER. CHAPTER L. AN ORDINANCE to establish and dedicate a Public Square. S.C. 1. Boundaries of Square. Sc.s3. Under rare of Marsha/. S. A public resort. 4. Injuring property punished. Be it Ordained had the City Council of the City of Dubuque: SI CTION 1. That all that certain tract or parcel of ground in the 1(4 .1tE\ [H:I) CITY ORDINANCES. City of Dubuque, bounded as follows. to -wit : On the east by Iowa street., on the south be Fifteenth street, on the west by Main street, arid on the north by lot Nu.. 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 City of Dubuque and inhabitants thereof for- ever. SEC. 2. That the said square shall be reserved and appropri- ated solely as a place of public resort and recreation. Si:c. 3. That all public squares shall be ender 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 public 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 any tree, 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 re.niain there ; to disfigure said square or any part thereof in any manner. Any person guilty of violating any provisions of this section, shall, upon conviction, be fined in any slim not less than two dollars, nor more than twenty dollars for each and every offense. CHAPTER TA. AN ORDINANCE to provide for the protection of Harbor Improve- ment and all Bridges in the City. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That if any person shall ride or drive any horse, mule, or any annuals whatever, across the bridges erected on RE ISED WY ORDINANCES. 165 Seventh street or other bridges in the city, at a faster gait than a walk, he shall be filled in any sum not less than one dollar, or more than five dollars for each and every offense, to be recovered before inly court havllig jurisdiction, with costs. CHAPTER LII. AN ORDINANCE regulating prosecutions under and providing for the enforcement of the Ordinances of the City of Dubuque. SEC. 1. Prosecutions. 2. Who commenced by. 3. To be in a summary manner. t. Punishment, 3. Marshal to attend Court. 6. Court to report. i. Fees. S. Reports to Auditor. SEC. 9. 10. 11. 12. 13. 14. 15. Auditor to examine. Court to eater Judgment. Mayor may remit fines. City Prison. Mayor to make rules. Credit 61.50 per day on fines. Insulting Prisoners. Be it Ordained by the City Council of the Cate of Dubuque: SEO'lloN 1. That all prosecutions for violations of any City Ordinance shall be had before any court having jurisdiction in the name of the State of Iowa for the use of the City of Dubu- que and all moneys collected thereby shall he paid into the Treasury in the manner hereinafter stated. SIC. 2. That all prosecutions for the violation of any Ordi- nance when not otherwise provided, shall be commenced by the City Attorney or the City Marshal, and whenever judgment is rendered in favor of the City, and such judgment is fully satisfied said .Attorney or Marshal is full❑ authorized to enter satisfaction on the docket of the court. SEC. 3. in all prosecutions for the violation of any City Ordi- nance, the trial shall be in a summary manner, but the accnsed shall have the right to demand a trial by jury, and when a jury is demanded the court before which the prosecution is had, shall forthwith issue a venire to the Marshal, or other officer in attend- enee on such court, commanding him to summon a jury for such. trial, of six citizens free from bias toward either party, tv, and sneli jury shall be einpannelled and the trial conducted in the inanner 166 REVISED CITY ORDINANCES. prescribed by law fir other criminal cases tried before such court. SEC. 4. That any person who shall wilfully and maliciously offend against any provision of any Ordinance for the violation of which a penalty is not otherwise provided, shall be subject to a fine of not less than one or more than one hundred dollars for each offense, and the court before which the conviction is had may in such case and in all cases where a fine is prescribed by ordi. mince, further adjudge that the offender be confined in the City Jail till such fine and costs be paid, or if the offender be a male person over the age of sixteen years, that he be imprisoned at hard labor till such fine and costs be paid, and in all cases where the penalty prescribed is or may be imprisonment, the court may, if the offender be a male person over the age of sixteen years, further adjudge that such person be kept at hard labor during the teriri of imprisonment. SEi'. 5. That the City Marshal, or his deputy, shall be in at- tendance on the court before which any prosecution Inay be had for the violation of any City Ordinance, shall make and preserve a full statement of the names of all persons prosecuted, and the judgment of the court rendered in each case, together with the names of the jurors who may serve, and of the witnesses sub- poenaed and in attendance, and the time of service of each, and shall return such statement to the City Auditor on the last Satur- day of each month. SEC. 6. The court before which any prosecution for the vio- lation of any City Ordinance may be had, shall, on the last Satur- day of each month, report to the City Auditor the naives of all persons prosecuted before such court, for such violation of the ordinances, the judgment rendered by the court in each case,. to- gether with the naives of the jurors who may serve, the names of the witnesses subpoenaed and in attendance, the officer making the arrest, and the officer serving subpoenas, the time of service of each, and t]ie pay to which the court, and each of such persons are entitled according to the fee bill set forth in the next section; REVISED CITY ORDINANCES. 167 all fines and fees collected by said court shall be paid into the City Treasury and the receipt of the Treasurer therefor annexed to said report. SEE. 7. That the following fees shall be allowed and paid by the City to the court. For each information filed, - 25 warrant. issued, - - 50 days trial (6 hours) - - 1 00 Judgment rendered, - - 50 Recognizance, - - 25 Mitt:imus, - - 50 Order of discharge, - 25 Venire for injury, - - 50 Adjournment, - - 50 CC Lc cC CC JURY TRIAL. For each juror in each case, - WITNESSES. For each witness (per day,) exclusive of mileage, OFFICERS. For each arrest (exclusive of mileage), Service of venire for jury, - - subpoena (exclusive of mileage), - mit•timns, - LL " attendance on court, - 1 00 50 50 1 00 15 25 50 Provided, Tliat no officer of the City shall be entitled to or receive any fees unless there be a fine imposed by the court and such tine and the costs are paid in money by the person fined. SEc. 8. All reports of the court, and of the Marshal, shall be made to, and kept by the Auditor, and every mittimus shall be returned to the Auditor by the Marshal, with his return endorsed thereon of his doing thereunder; and if any fine or costs have been paid to him, he shall pay the same into the treasury and annex the receipt therefor to the mittimus under which the same was paid. The Auditor shall make and keep a complete record .168 REVISED CITY ORDIN ANOES. of all cases reported to him showing all proceedings therein and the final disposition thereof. SEC. 9. The Auditor shall examine the reports of the court and of' the Marshal, and compare them with each other, and shall on the first Monday of each month, report to the Council the several items and gross amount of the fees to which each of the officers, jurors, witnesses and the court may be entitled, which several sums, unless found to be incorrect, the Council shall order paid to the several persons entitled thereto. If there be any discrepancy between the reports of the court and the Marshal, or mistake in either, the matter shall be determined by the Auditor and the mistake or error corrected. But such discrepancy or mistake shall not delay the report of the Auditor or action thereon by the Council, as to items about which there is no controversy, but the same shall be reported by the Auditor and acted on by the Council without delay. - SEC. 10. That immediately upon the conviction of any per- son for the violation of any City Ordinance the court shall enter up its judgment and tax the costs in the ease; and when the prisoner is adjudged to pay a tine or costs he will then be entitled to pay such fine or costs into court, but if such line or costs be not then paid, or if the penalty imposed be other than fine or costs, the court shall forthwith issue a rnittimus to the Marshal stating therein substantially the judgment of the court and the amount of costs taxed, and thereafter all fines or costs shall be paid to trim, and he shall execute the judgment of the court and make full return on each rnittimus of his doings thereunder, and file the sauce with thoAuditor at the time of making his monthly report. SEC. 11. That the Mayor of the City may at any time remit all or any portion of the punishment imposed for the violation of any ordinance, but such remission shall be in writing, and ad- dressed to the Marshal, and he shall return the same to the Anditor attached to the rnittimus under which he held the prisoner. REVISED Curl URIlINANCES. 1.69 SEC. 12. That the basement at the east end of the Central Market Ilouse, in said City, is hereby declared to be the City Prison of the City of Dubuque, and shall be so known and desig- nated; said Priso/ shall be irr the keeping of such person as the Council may appoint, but under the control and supervision of the City Marshal; and therein shalt be confined all persons com- mitted thereto for violation of the laws of the City, and all per- sons arrested by the Police of the City charged with offenses against the laws of the City or State, and it is hereby made the duty of the Marshal to see that such Prison is constantly kept in a cleanly and healthful condition; that strict attention is paid to the personal cleanliness of all prisoners, as far as may be, and that each prisoner is furnished daily with as much clean water as lie shall have occasion tor, either for drink or for purpose of personal cleanliness, and with such food, in such quantity and at such times as may be prescribed by the regulations for the gov- ernment of said prison. SEc. 18. The Mayor of the City shall make such rules and regulations as he may think proper for the government and man- agement of said prison; and shall from time to time prescribe the ]rind of ]abor at which, and the place where, within the City, prisoners sentenced to labor shall be employed. The Marshal or other persons appointed by him,. shall superintend the perform- ance of the labor prescribed, and shall furnish at the expense of the City such tools and materials as may be necessary for the do- ing of the work prescribed, and may use such means as are necessary to prevent escape, and if such prisoner attempt to es- cape or refuse to ]abor, he may use the means authorized by sec- tion 5134 of the revision of 1860, of the Laws of Iowa, but he shall not compel any prisoner to labor more than eight hours in any one day. SEC. 14. Every person committed to said prison for the non- payment of costs or fine and costs, shall he credited on such fine or costs the suns of one dollar and fifty cents for each day's im- prisonment, but when sentenced to such prison at hard labor for the non-payment of such file or costs, and he refuse to perform (22) MININIMEMIONONIONNEMMO•ir--- 170 UNVISE]) CITY ORDINANCES REVISED CITY ORDINANCES. the labor required of bins, he shall not be entitled to such credit, and when a prisoner is sentenced to ]yard labor th a definite time and refuses to perform the labor required of him, the time during, which lie refuses to labor shall not be considered as any part of the time for which such prisoner was sentenced. SEC. 15. It shall be the duty of the officer having R. prisoner in charge to preserve Mini from insult' and annoyance and com- munication with ethers while at labor and going to and retuin- ing from the same, and may use such means as are necessary and proper therefor, and any person persisting.. in insulting, annoying or communicating with such prisoner, after being commanded by such officer to desist, shall be punished by a fine not exceeding ten dollars or by imprisonment not exceeding tliree slays. CHAPTER LIll. AN ORDINANCE to provide for the registration of births, deaths, burials, and contagious diseases. SEC. I. Firths reported. SEC. 5. Transportation. Q. Deaths reported. G. Contagious diseases. 3. Permit. 7. Recorder to report. 4. Sexton. S. Violation punished. .Be it Ordained by the City Council of the City of Dubuque : SEcTrory 1. That every physician, midwife, nurse, household- er, or other person, within whose care any child may be boric within the jurisdiction of this City, shall report the fact of said birth to the City Recorder, within ten days of the occurrence of the same, in the manner and form prescribed in blank No. 1. SEC. 2. Every physician, or other person, under whose care any death shall occur within the jurisdiction of this City, shall, within twelve hours of the occurrence of said death, certify to the same in writing and report to the City Recorder, in the man- ner prescribed in blank No. 2. Sci,. 3. Every Undertaker, or other person furnishing any coffin or receptacle for any corpse within the jurisdiction of this 171 city, shall first obtain a permit from the City Recorder in the manner and form prescribed in blank No. 3. SEC 4. Every Sexton, or custodian of a cemetery, before ram: ceiv ing for burial any corpse, shall first receive from the under- taker, or other person bri nging said corpse for burial, the permit already issued to said undertaker, or other person, from the City Recorder, and shall return the same to hirer properly endorsed with his signature, within ten days after the inanller and form prescribed in blank No. 3. SEG. 5. Every Railroad, Steamboat, Ferry, Transportation, or other Company, and every other person, before removing be- yond the jurisdiction of this city the corpse of any person who may have died, or may have been buried, within the jurisdiction of this city, shall first obtain from the City Recorder a permit. in the manner and form prescribed in blank No..33. SI:c, 6. Every Physician, M idwif•e, Nurse, Householder, or other person, within whose care any case may occur of cholera, chicken -pox, croup, diphtheria, erysipelas, glanders, hydrophobia, measels, puerperal, scarlet, spotted, typhoid, typhus or yellow fever, shall report the same within] twelve hours of acquiring a knowledge thereof, to the City Recorder, in the manner and form prescribed in blank No. 4. Si.c, 7. That the said City- Recorder shall, in the months of March and September, report to the City Council, a statement of the number of births and deaths recorded during the previous half year, and such other information and suggestions in relation thereto as he may deem useful. SEc. 8. That any person or persons convicted of a violation of this ordinance, shall be fined in a sum not less than five or more than one Hundred dollars for each offense. 7.72 RE YisEli CITY O1DIN. NOES. CHAPTER TAY. AN ORDINANCE to license, tax and regulate transient merchants. SEC. 1. Transient merchants to procure SEo. 2. Money refunded if tax paid. license. 4. Recorder to issue license when 2. Manner in which same shall be pro- Mayor presents statement. cured. 5. All ordinances in conflict repealed. Be it Ordained by the City Council of the City of Dubuque : SECTION 1. That no person, not a permanent resident of said City, shall, himself or by auctioneer, or other agent, sell or offer for sale, within the limits of said City, any goods, wares or merchandise, such as are kept for sale by resident• merchants in said City, unless the goods, wares, or merchandise so offered for sale shall have been previously assessed for taxation by said City, without being authorized so to do, by a license to liirn issued by said City tier that purpose. And every person, whether owner, auctioneer, or agent of such goods, wares, or merchandise, who shall sell, or offer the same for sale, in said City, without such license being first procured fi•oin said City for that purpose, sliril], upon conviction thereof before any court, be fined in any surn not less than five, nor more than one hundred dollars, at the dis- cretion of'the court before which the conviction -may be had. Six;. 2. Application f'or such license shall be made in writing to the Mayor of said City, stating the length of time such license is rexnired, and the location where it is proposed to conduct the business, accompanied by an inventory or statement of the goods, wares, or merchandise which' the applicant desires to sell, show- ing the different kinds thereof, and the total number of each kind; and upon such application being filed with hirn, said Mayor shall appoint some competent person to value such goods wares, or merchandise, who shall estimate the same at their actual cash value, and make return of such valuation under oath, to said Mayor, who inay, if lie shall deem it proper so to do, authorize a license to be issued to such applicant upon his pay- ing to the 'Treasurer of said City such sum of money as said Mayor may direct, not less than five per cent. of the value of such goods, wares, or merchandise as thus determined. Except E.Eviswo crrY olu)INANcEs. 173 that for all such goods and merchandise sold or offered for sale in said city during the month of December, in each year, such pay- ment to the Treasurer, before the inssuance of said license, shall be ten per cent. of the value of such goods and merchandise de- termined as aforesaid, and no licenseissued onthe basis of five per cent. valuation, shall protect any such person from selling or of- fering for sale such goods during said month of December ; but such person shall pay the additional five per cent. therefor, to be determined as aforesaid." SEC. 3. To every person, who may procure such license. and for the period of one year next thereafter, shall continue in said City, a like business as that for which such license was granted, shall be refunded the amount by him paid for such license, after deducting therefrom the same percentage on the valuation of his property as shall have been levied by said City for taxes on the property of other merchants for the year in which such license was procured. SEC. 4. The license herein provided for, shall be issued by the Recorder, upon the presentation by the Mayor to the Recor- der of a statement showing the business to be carried or_ by the applicant, the amount of sue.11 valuation in each case, as herein provided for, and the time for which such business is to be carried on; and the license aforesaid shall state on its face the additional sum to be paid for carrying on such business dur- ing the month of December, as herein provided for. SEC. 5. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, and this ordinance shall take effect and be in force, from and after one publication thereof in the official papers of the City. CIAPTEI;, LV. AN ORDINANCE to provide for submitting the question of the sale of real estate to the voters of the city. Befit Ordained by the City Council of the City of Dubuque: SECTION 1. That at the annual city election for city officers 171 Ri:vi2E] erry OIRDINANCES. to take place on the first Monday of April, 1876, there shall be submitted to the voters of the City of Dubuque, the question whether the said City of Dubuque, by its proper officers, shall sell and convey to H. W. Sanford the following described land and premises, to -wit: 413-1,000 of an acre, situate in mineral lot 313, as described in a deed from said Sanford to the City of Du- buque, dated January 8, 1857. Snc. 2. The ballots shall be prepared as follows: "In favor of selling the following) parcel of land, to -wit: 413-1,000 of an acre situate in mineral lot 313." `:Against selling 413-1,000 of au acre of land situate in mineral lot 313." Returns of the vote on said question shall be made at the same time and manner as the returns are for city officers, and a record of said election shall be entered on the records of the city and the result declared by the Council. SEC. 3. If the rote shall be in favor of sale, then the proper officers of the city shall execute the• proper conveyance. This ordinance shall be in force from and after its passage and one publication in the official papers of the city. Passed March 2, 1.876. CHAPTER LY I. AN ORDIINANCE providing for the settlement of the indebtedness of the City of Dubuque. Sc.t1. Committee. SEC. 5. Trustees to give bond. 2. To compromise. 8. Contract. 3. New bonds. i. Council to appoint successors. 4. Fifty per cent taxes. 8. 95209,000 sufficient. Whereas, The City of Dubuque is largely indebted on bonds issued to the Dubuque & Pacific Railroad Company, the Du- buque Western Railroad Company, W. W. Corcoran, and divers other persons, on bonds, and for debts heretofore contracted, to an amount much beyond what said city can possibly pay: And, -Whereas. The said City has been unable to pay the interest i REVISED CITY ORDINANCES. • 175 on said debts, and the same is constantly accumulating: And, Whereas, The said City is desirous of effecting a compromise or settlement with her creditors, and so reduce the amount due, and the rate of interest on the sane, as will enable the City to pay the interest and principal promptly, as shall be agreed upon, and to meet her engagements hereafter promptly: Therefore; Be it Ordained by the City Gattnoil of the My of Dubuque: SECTION 1. That the Mayor and Finance Committee shall be a committee of this Council, and said committee hereby con- stituted, shall have full power to compromise and settle with the creditors of the City, as will be best for the interest of all con- cerned, and within the titnes hereafter provided in this ordin- ance. SEC. 2. After allowing upon any indebtedness of the City, as a credit, the value as shall be agreed upon by said cornnlittee and the creditors of all collaterals or other securities held by the creditors respectively, the said committee are hereby authorized and empowered to settle and compromise with all creditors of the City, by delivering to them the bonds or other evidences of indebtedness of said City, bearing such rate of interest riot ex- ceeding eight per cent. as shall be agreed upon, and payable at such times as shall be agreed upon, not exceeding ten year", and not exceeding; the sum of twenty-five per cent. of the amount due, after deducting the value of the securities aforesaid. The old bonds or evidences of indebtedness shall not be canceled nor satisfies) by the receipt of new bonds or evidences of indebt- edness, but the same shall be valid debts against the City, sub- ject to be satisfied only by tl•lepayment of the new bonds or other evidences of indebtedness. SEC. 3. When any creditor of the City shall receive the new bonds or other evidences of indebtedness as above provided, such creditor shall deposit with Leroy D. Randall, who is to be a trustee for both parties, the old bonds or evidences of indebted- ness to be held by hint until the new -bonds or evidence of in- debtedness given for the same are fi111y paid and satisfied, or un- 176 REVISER CITY ORDINANCES. til there shall be a failure to pay the game. In ease of a failure to pay said new bonds or evidence of indebtedness, as the same shall become due, the holder ot the same shall have the right to deliver such new bonds or evidences of indebtedness to said trustee, and receive from him the _old bonds or evidences of in- debtedness which were deposited with the trustee at the time the new bonds or evidences of indebtedness were given after the trustee shall Have endorsed thereon all sums paid on the new bonds or evidences of indebtedness, and the new bonds or evi- dences of indebtedness shall he returned to the City Council, and shall be canceled. SEC. 4. Be it further ordained, That there is hereby set apart fifty per cent. of the whole amount of taxes to be levied at the annual levy of taxes for each year, for the purpose of -laying the interest and so -much of the princi- pal first coining due as the same will pay of the new bonds or evidences of indebtedness to be issued under this act, and ibr other purposes. The amount of taxes so set apart over and above the amount necessary to pay the interest on all of' the new bonds or evidences of indebtedness issued under this act, shall be paid upon the principal of the sum first coming due, and if there shall not be enough to pay the same fully, it shall be paid pro rata upon the said new bonds, or evidences of indebted- ness first coming due as aforesaid. SEC. 5. The said trustee shall give bonds with sureties to be approved by the City Council., and in such sums as the City Council may prescribe. Sr o. 6. This ordinance shall be taken and construed to be a solemn agreement or contract between the City of Dubuque, and such of its creditors as shall assent. thereto, within two years from the passage of this ordinance, and the Mayor, Recorder, and other city officers, are hereby authorized to execute all bonds and other evidences of indebtedness required by this ordinance, and place the same in the hands ot the committee aforesaid, to be used by tllent in accordance with the provisions of this ordinance. REVISED CITY UE1D1N ANIE3. 177 SEC. r. In case the said trustee should die, resign, refuse to qualify as required by the provisions of this ordinance or become disqualified by the removal from the City of Dubuque, or from any other cause, then, and in that event, the City Council of the city of Dubuque appoiiit his successor, who shall be gov- erned by the provisions of this ordinance. SEC. 8. And be it ,further ordained, That the sum of two htiiidred t.liousaud dollars 0200,000) being deemed sufficient to accomplish the object of this ordinance, no other bonded indebt- edness, aside from the issue hereby authorized, shall be created nor incurred by the said city, so lung as the bonds thus authorized are outstanding. Passed Jule 7, 14. CHAPTER LV II. AN ORDINANCE changing names of streets, widths of sidewalks, vacating certain streets, granting privileges, etc. SRC. 1. 2. Part of Walnut street changed to Arlington street. 3. and 9. Granting privileges to W. W. Woodworth. 5. Lnrinnfer changed to Julien Ave. 6. Vacating part of Tower Street. 7, W kith of Sidewalk en Burch Street. 5. Width of sidewalk on part of Third street. PearE street sidewalk. SEC. 9. 10. 11. 12. 13. 14. 13 Width of sidewalk on Eagle Point acent,e. Width of sidewalk on Windsor Avenue. Part of Bell Street vacated, Width of Sidewalk on Third street. Rights of abutters on Third street Vacating part. of Eagle Point road. and ]6. Vacating alley In block 8, Dubuque Harbor Co's Addition. Be it Ordained by the City Council of the City of'Dubuque : SECTION 1. That the sidewalks on the easterly side of Pearl street, from the point where the north line of 12th street extend- ed westerly intersects the easterly side of Pearl street, northerly. to Grove street ; and the sidewalk on both sides of Grove street from its intersection with Pearl street to its northerly terminus, be and are hereby established of the width of eight feet. Passed September 5th, 18 i 2. SEC. 2. That a certain street in. said L""sty which commences at Grove street running west to Prairie street, now and heretofore (28) 178 REVLSELI nnT ORDINANCES known and designated as Walnut street, shall hereafter beknown and designated as Arlington street, and its name shall be and is changed accordingly . Passed July 3d, 1873. SEC. 3. That William W. Woodworth, his heirs and assigns, are hereby authorized to build, and perpetually maintain, an arch over the alley between Main and Iowa streets, separating City lots five (5) and one hundred and ninety-six (196), tar a distance of sixty (60) feet north from the north line of Second street ; the said arch not to be less than eleven (11) feet in height from the grade of the alley, to the under side of the crown of the arch. SEC. 4. That so much of the alley between Main and Iowa streets, as is included in a strip sixteen (16) inches in width along the west side of said alley, running north of its intersection with Second street sixty ',60) feet, be and the same is hereby vacated in favor of said Woodworth, his heirs and assigns, for the pur- pose aforesaid. On condition that said Woodworth construct said arch within sixty days from the passage of this ordinance, and that he, his heirs or assigns, shall ever hereafter hold said City harmless from all damages that may arise or be incurred by reason of the grant of the privileges hereby made. Passed August I th, 18.73. SEC. 5. That a certain street in said City which commences at Bluff street, and running west to the City limits, now known and designated as Lorilnier avenue, by virtue of the provisions of Chapter 58 of the revised ordinances of 1869, shall hereafter be known and designated as Julien avenue, and its naine shall be, and is, changed accordingly. Passed Oct. 2d, 1873. SEC. 6. Whereas, It appears that Ingrain, Kennedy & Day are the owners of all lots in blocks one and eight of the Dubuque Harbor Improvement Company's addition to Dubuque that abut on that portion of Tower street lying between said blocks one and eight aforesaid, and that they have petitioned the said City REVISED CITY ORDINANCES. 171) Council to vacate that portion of Tower street named aforesaid, and the City Engineer having filed his plat showing the lots and lands over which said street. is located and the owners thereof, and there being no objection made to the vacation of that portion. of Tower street aforesaid by interested parties. It is therefore ordained by the said City Council, that so much of Tower street as lies between the north. line of Commercial street and the south line of Eighth street., and between blocks one and eight of the Dubuque -Harbor Improvement Company's addition to Dubuque, Iowa, be, and the same is hereby declared vacated. Passed March 2, 1876. SEc. 7. That the sidewalk on both sides of Burch street in the City of Dubuque, be established six (6) feet wide. Passed Marcia. 5th, 1877. SEC. 8. That the sidewalks on Third street from Summit street to Alpine street, are hereby established to the width of Eight feet. Passed May 7th, 1877. SEc. 9. That the sidewalks on both sides of Eagle Point avenue, from Cooler Creek to Windsor Avenue be established ten feet wide - Passed June 4th, 1877. SEC. 10. That the sidewalks on Windsor avenue, from Eagle Point avenue to south line of Stafford's addition are hereby es- tablished to the width of ten feet. Passed Novernber 5th, 1877. SEC. 11. That so much of Bell street as lies between blocks eight (8) and nine (9) of the Dubuque Harbor Improvement Company's addition to Dubuque, Iowa, be and the salve is hereby declared vacated. Passed September 2, 1878. SEc. 12. That the sidewalk on the south side of Third street, from Hill street to Alpine street, be and is hereby established at the width of twenty feet. LSO REV SEl) CITY URDINANCES. SEa. 13. That. the abutting property owners on said south side of said Third street are hereby authorized to use the inside twelve feet of said sidewalk as per their conveyance to the City of Dubuque of twelve feet, for the purpose of grass plots and shade trees, upon the south side of said street. Passed April 29, 1879. SEC. 14. That so much of the Eagle Point road, so called, as lies between Orange and Jackson streets, in the city of Dubuque, be a,ud is herein' vacated. SEC. 15. That all of the alley in block eight, in the Dubuque Harbor Company's Addition to Dubugne, from the south line of Jones to the north line of Dodge streets in said addition be, and the salve is hereby vacated, and said alley is hereby abandoned for all public purposes. SEC. 16. That section 7 of an ordinalce to provide for open- iIIy, altering or annulliI1g streets, alleysandHighways in the city of Dubuque, passed January 24t11, 1861, is hereby repealed as ap- plicable to this ordinance. CHAPTER ',VIII . AN ORDINANCE to provide for Lighting the City of Dubuque with Gas. SEo. I. Company. SFC. 4. Extending time. 2. Conditions. 5. Fixing price. 3. Notice of acceptance filed. Be it Ordained by the City Couneii of the City of _Dubuque SECTION. 1. That Benajah Barker and Harvey B. Spelinau, their successors, associates and assigns, as individuals, or as a body corporate, under such name as the may hereafter adopt, be and they are hereby authorized to use exclusively for the terns of twent.v-fiaur years from the date of this ordinance, the streets, lanes, alleys and public grounds of said city, including any terri- tory that hereafter may be added to the sane, for the purpose of REVISED CITY ORDINANCES. 181 laying down in said streets, lanes, alleys and public grounds,. pipes for conveying gas, for supplying said city and the inhabi- tants thereof with gas light : Provided, That said Barker and Spellnan, their associates, successors and assigns, shall give the Street Commissioner of said city one day's notice previous to the opening of any street, lane, alley or public ground, for the pur- poses aforesaid, and shall not unnecessarily obstruct the passage of said streets, etc., and shall -within a reasonable time repair such streets, etc., as they may have opened, to the acceptance of the Street Commissioner or other proper officer. SEC. 2. Titat the privileges herein granted are upon the ex- press condition that said Barker and Spelman, their associates, successors and assigns, shall by the first day of April, A. D. 1855, commence within said city, and eornplete by the first day of December, A. D. 1855, works and apparatus for the manufac- ture of ga.s, fi•oin coal or any other materials of which gas is now or may hereafter be made, and shall lay down at least one mile of leading pipe, and continue thereafter to maintain their works, and extend their leading pipes through such localities in said city as the consumption of gas may justify, and shall furnish gas fur 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 ]amps, the stun of two dollars and fifty cents ($2.5O) per thousand cubic feet, and for gas for private use not to exceed three dollars and fifty cents ($3.5O) per thousand cubic feet. A.TI lamps, meters, and fittings to be furnished at the expense of the city for public laulps : Pro- vided, That if said City Council shall at any period prior to April 1st, 1855, give said Barker and Spelrnan, their associates, successors, or assigns, a written guarantee that they will, within twelve months thereafter, furnish a consulnptiol) 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 Rarker and Spel) uau, their associates, successors or assigns, shall within sixty days after the receipt of 182 REVISEI] CITY ORDINANCES. said guarantee commence and within twelve months thereafter complete=said gas works and lay down said one mile of leading pipe : Provided, That any temporary failure on the part of said Barker and Spellnan to perform any of the conditions of this ordinance, when such failure is occasioned by accidents or un- toward events, shalt 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 Spellnan, 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. SEC. 4. That the ordinances passed April 13th, 1853, giving to Benajah Parker and Harvey B. Spelman!their successors, as- sociates and assigns as individuals, or as a body corporate under whatever name they might adopt, the rights and privileges of lighting said city of Dubuque with gas for the term of twenty years from the date of said ordinances, be and is hereby extended and continued for the further period of ten (10) years, to the suc- cessors and assigns of' the grantees in said ordinances named with the following modifications and changes. SEC. 5. That the price of gas furnished to the City for light- ing public lamps or for other public uses, also the price of gas furnished to private consumers, shall be subject to the control and regulation of the City Council of the city of Dubuque, which price shall he fixed once in every year by said Council. SEC. 6. That all ordinances and parts of ordinances in con- flict herewith are hereby repealed. Passed Nov. 5th, 1877. s 4 REVISED CITY ORDINANCES. 183 CHAPTER LIX. AN ORDINANCE for the regulation of the Dubuque and Dunleith Ferry. Sac. 1. Council to order when to leave, Sic. 4. Company to provide Skiffs. 5. Charges. 5. Violation punished. 3. Copies of ordinance to be posted. 6. See Note. WFEE.EAs, By a contract made and entered into on the 10th day of Noverber, 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 terry, to run from said city of Dubuque to the Illinois shore at Dunleith. And in the said contract the right to fix the rates of ferriage at said ferry is re- tained by the said city of Dubuque. Therefore, Be it Ordained by the City Council of the City of Dubuque SECTION 1. That the said boat or boats shall leave the regular landing, which shall be at such places as may be ordered by the City Council, for conveyance of passengers and freight to Dun. leitlr, as often as once in every thirty minutes, from sunrise till one hour after sunset of each day from the first day of April, un- til the first day of November, in each year : Provided, That they shall not be required to leave more than once within the hour from twelve to 1 o'clock of each day. On and after the first day of November of each year, until the first day of April of the en- suing year, the said boat or boats shall leave the said landing for the purpose aforesaid, once in every hour from sunrise until one hour after sunset of each day. Said boat or boats shall leave as herein provided, unless prevented by ice, by accident, or the dan- gers of navigation. SEC. 2. For carrying passengers and freight from Dubuque to Dunleith on the boats of said ferry, the charges shall be as follows : Each foot passenger, - 10 cents. Man and horse, - 20 " Each. led horse, - - - 15 " Wagon, loaded, two horses and driver, 50 Ci 184 REY1SFD CITY ORDINANCEi. Wagon, unloaded, - - 30 cents. Dray, loaded, one horse and driver, 40 25 Dray, unloaded, - - - Buggy or wagon, one horse and driver, Buggy, two horses and driver, - Ilack, two horses and driver, Gig or sulky, one horse and driver, Tlack or stage, four horses and driver, Each additional Horse in teams, - Mule and ox team, same as horse, Cattle, over 20 head, per head, - Cattle, 20 head or less, per head, Steep or hogs, per head, - - Eaclt barrel of flour, not in vehicle, - Freight, under 500 lbs., per 100 lbs., Freight, 500 lbs., or more, per 100 lbs., 30 50 60 30 100 10 8 10 5 SEC. 3. The owners of said ferry shall cause copies of this ordinance to be posted in not less than three conspicuous places on each of said steamboats used for the conveyance of passengers and freight as aforesaid, to remain whenever said floats may be in use; and shall also cause a list of the rates of ferriage as here- in established, painted iu letters and figures not less than one inch in length on a sign, to be placed in a conspicuous position, at or near the entera.nc.e to the wharf boat of said ferry. SEC. 4. That at such tunes as it may be impracticable for steam ferry boats to cross between Dubuque and Dunleith on account of ire, but the river may be crossed with boats or skiffs, the proprietors of said ferry shall provide a sufficient number of good boats or skiff's, with able and competent men, to manage the same, to convey across the river or such part thereof as may be navigable, without unnecessary delay, all passengers who may de- sire to cross at any hour of the day between sunrise and sunset, and for conveyance of each passenger with baggage not exceeding seventy-five pounds in weight, the charge shill not exceed twenty-five cents. 11EV151n) CITY UIRDI1`ANCES. 185 SEC. 5. For each and every violation of this ordinance, the proprietors of said ferry shall be subject to a fide of not less titan live nor more than twenty dollars, with cost of prosecution. NOTE. --The above 1s the only ordinance in relation to the Dubuque and Dunleith Ferry. In 1876, Hansen & Linehan silccueded to the right ❑1' the old Ferry Co., under the following contract, dated Mareh eth, 15 5. Approved by Ci1y Council April lst ]575, see page 258, Record Eleven. Recorded in Contract Book No. 1, pages 116 and 11,. The City of Dubuque of the first part and Nicholas Hansen and Bart E. Linehan of the second part agree as follows: Said City hereby grants to said Linehan & Ilansen, their heirs and assigns, the exclusive right to ferry persons and property for the period of twenty years from the date hereof, from what is known as First Street Levee in said City, across the Mississippi Diver to Dunleith, Illinois, and authorizes them to charge and receive such rates of toll as may be reasonable, but subject at all tunes to regulation by the City Council of said City, and said City agrees that during said term of' twenty years it wi]1 not authorize or empower any other person, company or corpora- tion to roll, keep, maintain or use a. ferry from the Iowa shore between the south lisle of Seventh street in said City, and the southern boundary of said City to the Illinois side of the Miss- issippi River, but will at all tidies, at the proper costs and ex- pense of' said Ilansen t.4; Linehan, their heirs or assigns, institute €111 proper proceedings and use all lawful means as it reasonably can to snsiiltalll and protect said grantees in the proper exercise of'the right hereby granted, but the City is in no event liable for want of power to grant the right, or make that right exclusive, and it is not to be exclusive of, or in any manner to effect or in- terfere with the right of the City to construct, maintain or use, or to authorize any other person, company or corporation to con- struct, maintain or use bridges across said river between the points above specified, and to charge and receive tolls for the use of the saute. And the said Hansen & Linehan agree with said (2,4) 186 REVISE]] CITY ORDINANCES City' that within a reasonable time not exceeding sixty days from the date hereof, they will put on and have in good running order between said Levee and said Dunleith a steam terry boat of adequate size and speed, suitably equipped to meet the con- venience of the public as a ferry between the points aforesaid and during said term will maintain and operate such a ferry and that its operations as to the number of trips and the speed with which they may be made, shall meet the convenience of the public having occasion to use the same, and that in operat- ing said ferry, they will at all tirnes comply with all reasonable regulations that may be prescribed by the City Connell of said City, but they reserve the right to abandon the privilege hereby granted and discontinue said ferry upon giving the City Council of sold city thirty days previous notice in writing of their inten- tion so to do, but shall during said thirty days keep said ferry in operation. It the said Hansen & Linehan, their heirs or assigns should at any time during said term, fail to comply with the terms of this contract, the City Council of said city may on giving thern ten days notice and a full opportunity of being heard in opposi- tion thereto, forfeit the rights acquired by them under this con- tract. It is further agreed that no license or tax other than the ordinary property tax shall be levied on said Hansen & Linehan their heirs or assigns, on account of their running said ferry so long as t]tey live up to the spirit of the contract above set forth. A.IJ. PEASLEE, JOHN WUNDERLICH. PATRICK LAGAN, HANSEN & LINEHAN. Dubuque, March dth, 1875. REVISED CITY ORDINANCES. 1 i CHAPTER LX. AN ORDINANCE to establish Eagle Point Ferry and construct a Levee in connection therewith. SEC. 1. Ferry established. 8. May improve landing. SEC. 3. Contract made part of ordlnanco. Be it Ordained by the City Council of the City of Dubuque : SECTION 1. That the license privilege of keeping and main- taining a ferry, to be known as the Eagle Point Ferry, from the City of Dubuque to the Wisconsin side of the Mississippi River, for the period of twenty-five years, is hereby granted to James Hughes and his associates, and their assignees, within the limits, and under the provisions, conditions and restrictions specified in a certain contract, entered into this 28th day of July, 1874, be- tween the City of Dubuque and the persons above tnentioned, which contract is in the following words, to -wit: This agreement, made this 28th day of July, 187-1, by and be- tween the City of Dubuque of the first part, and James Hughes and his associates of the second part, witnessed': That. the City of Dubuque for and in consideration of the covenants hereinafter contained, does hereby give and grant to the said parties of the second part and their assignees, the license and privilege of keep- ing and maintaining a ferry to be known as the Eagle Point Ferry, for twenty-five years, across the Mississippi River, be- tween the City of Dubuque and the easterly side of the river, in the State of Wisconsin, within the following limits, to -wit: Commencing at the southward limit of the submarine rail- road, around and extending south one hundred and fifty feet along the river shore; and the said parties of the second part covenant and agree that within six months from this date they will continence and continne runing, at the place aforesaid, a ferry boat sufficient to accommodate the traveling public, and transport across the Mississippi such freight as may be required. And they further agree to exercise all proper care, skill and pru- dence ]n keeping and running. said ferry, and to conduct and manage the same SO as to insure the safety and convenience of the traveling public and those having occasion to transport freight. 18S REVISED C'ITY 01i1)IN LACES. It is further agreed that the City Council shall make such rules and regulations for said ferry as it may deeiii necessar,,-, and fix from time to time the rates of ferriage from the Iowa side, but the City Council may tit the rate; of ferriage luwer than the rates of the Dubuque and Dunleitli ferry; and in ease the rates are fixed so low as, in the judgment of said party of the second part, or their assignees, to Snake the ferry unprofitable, or if, for any other reason, the ferry shall become unprofitable, it shrill be competent for the party of the second part, or his assig- nees, to abandon the license and privilege herein granted, by giving the Mayor of the City three month's notice of such aban- doninent, in writing. It is further agreed that the said party of the second part shall have the right to improve the landing and construct levees with- in the limits fixed for said ferry. The failure of the party of the second part, or his assignees, to comply with any of the terms or conditions of this contract to be performed on his part, shall work a forfeiture of this contract, in care the City Council shall elect to declare it forfeited. But it shall not be competent for the City Council to declare such forfeiture until three months after the said parties of the second part or their assignees shall have been notified in writing, in pursuance of a resolution of the Council, that in the opinion of the council. the said parties of the second part or their as- signees have made default, and if during the said three months, the said parties of the second part or their assignees shall keep and perform all the terms and conditions to be kept and perform- ed by them, then the forfeiture shah be considered as saved. SEC. 2. Tliaat the license privilege to improve the landing and construct a levee for the use of said ferry and other boats within the limits fixed for said ferry, in accordance with the provisions of the said contract, is hereby granted to the same persons and their assignees. SEC. 3. The contract herein named is hereby made a part. of REVISED CITY ORDINANCES. 1S0 this ordinance, and this ordinance shall be in force after its publication in the official papers of the City. SEc.4. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed Passed September 3, 1871. CHAPTER AN ORDINANCE authorizing and regulating the Dubuque Lumber- men and Manufacturers' Railroad in the City of Dubuque. See. 1. Right of way. 2. One track. 3. Other companies to use. i. Compenaation for use. G. City may remove rails. B. Company to repair. SEC. 7. Connell to mate regulations. S. May assign. 9. Completed in three months. 10. Company to notify city in sixty days. 11. Not to prevent other companies. Be it Ordained by the City Council of the City of Dubuque : SECTION 1. That permission, with the right of way, be and is hereby granted unto the Dubuque Lumnbernren's and Manufac- turers' Railroad Company to construct, and for the space of fif- teen years, to maintain a railroad track on and along the follow- ing streets and public places in this city, viz : From an intersection to be made with the Dunleith & Dubuque Bridge Company's track on Fourth street, thence northerly along and upJackson street as tear as Eighth street ; and from said Fourth street along the old levee up to Washington street, thence up and along Washington street as fir as Tenth street ; and said company is hereby empowered to connect the track thus to be laid by it, with the places of business of such persons doing busi- ness along the line of the same as may desire it. Sec. 2. That only one track shall be laid on any one street, and that such. track shall be made of suc]i niaterial and itt such manner as will accommodate other railroad companies that may desire to pass over the sane, and shall lie laid on the center line, and as near as may be to the present level of the streets over or along which it may pass, and that at all the points along the route, where the track shall be above or below such level, it shall 190 REVISED CITY ORDINANCE'S. be the duty of the company to so grade the approaches to the track that the travel on the streets or alleys near where it shall run, shall not be unnecessarily inconvenienced or unreasonably annoyed ; and that whenever the city shall change the surface of the street to the present or other grade, the company shall raise or lower their track so snit such grade. SEC. 3. That every person, company and corporation shall have the right to pass its cars over the track hereby authorized to be built on equal terms without undue preference to any. • SEC. 4. That the said Dubuque Lumbermen and Manufactu- rers' Railroad Company shall have the right to demand and col- - het as compensation for the use of said railroad track the shin of fifty cents for each and every car, run upon or off their side track, for the purpose of being loaded or unloaded, unless such car so run upon or off their said track is at' the time wholly unloaded ; but shall not at any t.iine charge or reeeive more than fifty cents without the consent and approval of the City Council of the city of Dubuque : Provided, always, that no charge shall be made for cars or locomotives run on or over said track for the sole pur- pose of making, np a train. SEC. 5. The City of Dubuque reserves the right to take up and remove the rails of said road whenever it shall be necessary for repair or improvement of the streets, or for laying water or gas pipes, or sewers, or for other pnblic purposes, on the streets on which said rails may be laid ; and such. repairs and improve- ments shall be made by the city without unnecessary delay, and the track of said road sliar,ll be taken up and relaid by the Dubuque Lumbermen and Manufacturers' Railroad Company, at their said company's expense. SEC. fi. It shall be the duty of said railroad company to re- pair any and al] damage done to the streets, curbs, sidewalks, gutters, etc., by the construction and repair of their track along and over the streets as herein provided for ; and further to pro- test the City of Dubuque against all claims for damages arising REVISED CITY ORDINANCES. 191 from the construction or management of the railroad provided for hereby. SEG. 7. That tlhe City Council shall have the right from time to time to make reasonable regulations in reference to the ran— ting of trains on said railroad, and the speed of the same, and all other police regulations that may be necessary and proper, and if said Dubuque Lumbermen and ] Iannfa,ctnrers' Railroad Com- pany shall, at any time, violate any material provision contained in this ordinance, or any material regulation made by said City, Council, such violation shall work a complete forfeiture of all the rights, privileges, and powers hereby conferred upon said company . SEG. 8. That the Dubuque Lumbermen and Manufacturers' Railroad Company be and is hereby authorized to assign, trans- fer and set over unto any other person, company or corporation all the rights, privileges, powers and benefits herein granted to, and conferred upon said company, but the person, company or corporation receiving such assignment or transfer shall be subject to the provisions of this ordinance in the same manner as the Dubuque Lumbermen and Manufacturers' Railroad Company. SI•:c. 9. That said railroad track herein authorized to be con- structed shall be complete and ready for use within three mouths atter the adoption of this ordinance. Sic. 10. In ease said.Dubuque Lumbermen and Manufactu- rers' Railroad Company accepts the rights, privileges and powers conferred by this ordinance, they shall, within sixty days after its adoption by the City Council, so notify the Mayor of said city in writing, and from and after such notice this ordinance, and all the terms and conditions therein contained, shall have the force and effect of a contract between said company and the city of Dubuque. SEC. 11. This ordinance shall not be so construed as to pre- vent the City Council of the City of Dubuque from granting to any other railroad company, whose road shall extend and be 19'2 REVIsE1) CITY ORDINANCES. operated beyond the limits of the City, the right to build, main- tain and operate railroad tracks on the same streets where the tracks of the Dubuque Lumbermen and Manufacturers' Railroad Company are located; and in case any other railroad company, whose road shall extend beyond t.lie City Limits, shall desire to appropriate and use the railroad of said Dubuque Lumbermen and Manufacturers' Railroad Company, for the purpose of a main track, they shall have the right to do so upon paying to said Dubuque Lumbermen and Manufacturers' Railroad Com- pany, or their assigns, whatever damages said company or their assigns shall sustain by reason of such appropriation, exclusive of the value of the franchise granted by this council and connect- ed with that portion of said track so taken and appropriated. Adopted July 10, 1869. CHAPTER LXII. AN ORDINANCE authorizing and regulating Street Railways in the City of Dubuque. SEC. 1. Railway company. SEC. 7. Council to regulate. '. When to commence. 8. Not to obstruct streets. 3. Streets. 8. Must se.romuiodate the public. a. Here. 10. Must repair streets. 5. City may remove reels. 11. Other companies to cross track. 0. Single or double track. Be it Ordained by tlye City Council of the City of _Dubuque: SECTION 1. That the Dubuque Street Railway Company, their successors and assigns, be, and are hereby granted the exclusive right acid privilege to construct, operate and maintain over the streets of the City of Dubuque, street railways for carrying pas- sengers and freight for the term of twenty years, from the 1st day of October, 1867. SEC. 2. The said company, their successors and assigns, shall commence the construction of one or more of said roads within six months from this date, and shall have at least two miles of track, including side tracks, completed and in operation within one ti ear. SEC. 3. The said company may construct, operate and main REVISED ern ORDINANCES. 193 tain tracks upon such street, or streets as they may deem expe- dient, laying their track as near the centre of the streets as may be practicable, and shall keep the space between the rails in repair, and shall ]seep the same in proper order as to cleanliness. SEC. 4. The said parties, their successors and assigns may regulate and establish from time to time, such rates of fare for the transportation of persons and things over their road as they may see proper: Provided, That the charge for carrying a per- son from one extreme to another shall not exceed ten cents: Snc. 5. The City of Dubuque reserves the right to take np and remove the rails of said road whenever it shall be necessary, for the repair and improvement of the streets, or for laying water, or gas pipes, or sewers' or for other public purposes on the streets on which such rails may be ]aid, and such repairs and linprovements shall be made by the city and without unneces- sary delay, and the track of said road shall be taken up and re- paid by the Railway CoinpanY, at their said company's cost and expense. SEC. 6. Authority is hereby conferred to lay single or double track, or both, on said streets of Dubuque, except that but one track shall be laid upon Main street, together with such turn- outs, side tracks and switches as may be deemed necessary by said Railway Company. SEO. T. The City Council hereby reserves the right. to make all necessary and usual police regulations concerning the opera- tion and management of said street roads during the continuance of the rights and privileges hereby granted. SEC. S. The tracks of such roads as may be constructed, shall be put down in such manner as to obstruct the streets as little as may be, and the cars of said company shall take precedence over other vehicles, persons or things, and if any person shall 'un- necessarily obstruct or impede the running of ears on such track, he shall be fined five dollars for each offense, by any proper court or justice of the peace having jurisdiction in the case. lvl 194 REVISED CITY ❑RDINANCES. SEC. 9. It shall be the duty of such railway company to fur- nish and run a sufficient number of ears to accommodate the traveling public. All cars shall carry signal lights after dark. The rights and privileges hereby granted shall cease and deter- mine as to all streets and parts of streets not occupied with tracks within five years from this date, and a failure to construct and put in operation at least two miles of road within one year from this date, shall operate as a forfeiture of the rights and privileges rereby gran ted. SEO. 10. It shall be the duty of said railway company to re- pair any and all damae done to the streets, curbs, sidewalks, gutters, ete., by the construction and repairing of the tracks ;along the streets as herein provided for; and, further, to protect City of Dubuque against all claims for damages arising from the construction or management of the tracks provided for herein. Snc. 11. Nothing herein contained shall be so construed as to deprive the City of Dubuque, of the right to authorise (the) other railway companies from crossing the tracks laid down un- der the authority of this ordinance. Passed October 4, 1867. CHAPTER I.XIII. A.N ORDINANCE to regulate the conduct and language of persons in and about the Dubuque Street Railway Cars and Buildiags. SEc. 3. Conductors special officers. Sc,r13. Cars not to be obstructed. 2. Disorderly- conduct punished. ,'i`,, it Ordained by the City Council of the City of Dubuque : SECTION 1. That all drivers, conductors, or employees of Du- buque Horse Railroad Company, are hereby made special police officers, without any salary to be paid by the city, and are author- ized and empowered to arrest and prosecute before any justice of the peace, any and all persons who shall be found in or around the cars or buildings used or occupied by said railway company, and such employee so empowered, shall preserve order in and REVISED CITY COI1]MNA1r'e:Es. about the cars, and any and all persons behaving in an indecent or disorderly manner, or using obscene or indecent language, shall be liable to arrest. and to the penalties hereinafter described. SEc. 2. Any and all persons who shall conduct themselves in an indecent or disorderly manner, or using obscene or indecent language, in or abort the cars or premises of said company, shall forfeit and pay a suiu not less than five, nor more than fifty dol- lars for each and every offense, when found guilty by any justice of the peace, or in any court having jurisdiction within the City. Six. 3. Any person who shall unnecessarily obstruct, or de- lay the operation of any street railway car, shall be fined in arly sum not less than five, nor more than fifty dollars when found guilty by any justice of the peace, or conrt of jurisdiction with- in this city. CHAPTER LIV. AN ORDINANCE granting unto William Ryan, his heirs and assigns, the right to slaughter hogs and horned cattle, and to carry on the general meat packing business on land, in the Dubuque harbor Com- pany's addition to this City. SEC. 1. Right to erect packing house. Be it Ordained by the City Council of the GJity of Dubuque: SEcTloN 1. Whereas, William Ryan, of Galena, Jo Davie.-- County, Illinois, proposes to erect a Large meat packing house, on certain land lying east of Iowa street., and between Dodge and Bones streets, in the Dubuque Harbor Company's Addition 1, this City, wlric.lr he proposes to purchase; and, Whereas, lie desirous of having secured to hirn, his heirs and assigns, forever, the right to slaughter Bogs and horned cattle, and to carry on the meat paeking and curing business in all its branches, on said premises, without which he is unwilling to niake such purchase and to incur the expense necessary to prepare said premises for said business; and, Whereas, it is to the interest of the city t encourage such undertakings, and we are walling and its our in- I36 REVISED D CITY ORDIN :t ti CES. tendon, hereby secure to said Ryan, his heirs and assigns, the right aforesaid, as fully and effectually as we can do so; there- fore, in order to give effect to such intention on our part, and as an inducement to said Ryan to snake said purchase, and to carry out said proposed undertaking, we, the City Council of the City of Dubuque, do hereby grant to said Ryan, his heirs and assigns forever, full power and authority, to slaw niter hogs and horned cattle, and to carry on the meat packing and curing business in all its branches, in any land lying east of Iowa street, and be- tween. Dodge and Jones streets in the aforementioned addition to this City; which he has already bought or uiay hereafter pur- chase: Provided, That, in the carrying on of said business he shall not allow filth to accumulate on said premises so as to there- by create a nuisance. CHAPTER IN. AN ORDINANCE granting to the Dubuque, Bellevue and Mississippi Railway Company and to the Dubuque and Minnesota Railway Com- pany the right of way through the City of Dubuque. SSG. 1. A[ust grade on each side of track. SEc. 4. City pull ce regulations. 9. Culverts and drains. 5. Company notice of acceptance. 3. Must grade street and alley. Be it Ordained by tho City Council of the City of Dubuque That in consideration of the performance of the conditions hereinafter specified the right, authority and permission are here- by granted to the Dubuque, Bellevue and ll[lissi•sippi Railway Company, their successors and assigns, and to the :Dubuque and .I1iniiesota. Railway Company, their successors and assigns, to ]ay dowii a single track of railway from the point where the cen- ter line of Pine street intersects the center line of Eleventh street in said city, thence along the center line of Pine street ie an easterly direction to the west line of the old canal, thence southerly along the west line of the old canal to the north line of Seventh street; thence along the old levee to the north line of Sixth street; thence along the old levee on the west side of the track of the Dunleith and Dubuque Bridge Company to the REVISED D CITY ORDINANCES. 197 north line of First street; thence over and across First street to the point where the center line of the alley, between Main and and Iowa streets, intersects the south line of First street; thence along the alley between Main and Iowa streets in a southerly direction to the south line of Railroad avenue, and thence along or over any street, alley or public ground to the southern bound- ary of the City, and forever thereafter maintain and use the same fir the passage of locomotives, cars, and trains of cars, up- on the following conditions to be performed by said companies viz: 1st. Saideompaaries, whenever required by the city authorities shall fill rind raise to high water mark the streets, alleys and Highways along or over which either of them may lay such track, and so grade the same as to afford an easy passage for carriages and other vehicles on either side of such track, and shall keep said track properly ballasted and the space between the rails and to the end of the ties so graded that carriages and other vehicles may easily pass over the same. grid. That on each side of each street or alley at the place where said track crosses the same, the company which may Lay down or use the same shall construct and maintain suitable culverts and drains that will aidmit the free passage of all water that may flow down such street or alley. And at the place where said track may cross Second street a culvert of not less than than eighty-six feet in width and of suffi- cient height to permit are easy passage of teams and wagons ]el- der said track, 3rd. That at the place where said track may cross any street or a11er and along the levee where such trwk may be laid, the eom- pa lly Avliieh may lay down or rise such track shall whenever di- rected by the city authorities so to do, at its own cost and ex- pense, grade such street, alley or levee to a level with such track, and pave or plank the space between the rails, the entire width of such street or alley in such manner as will afl'iird an easy passage for wagons and other vehicles. 198 REVISED errl ORDINANCES. 4t.h. That said companies shall strictly comply with all reason- able police regulations which the authorities of said city may es- tablish in relation to the running of trains on said track within the limits of said city. 5th. That this ordinance shall be in force from and after notice in jvriting of the acceptance by said companies of the provisions hereof; given by said companies to the Id yor of the city, and the publication of this ordinance in the Dubuque Daily Times at the expense of said companies. Passed February 2. 1871.. CIIA PIER I,XVI. AN ORDINAIN CE granting to the Dubuque & Minnesota Railway Company the Right of Way through the City of Dubuque. SEC, 1. Must grade streets and alleys. SEC. 3. Too C gradepcrossings. with police regulations 2. Culverts. Be it Ordained by the City Council of the City of Dubuque: That in consideration of the performance of the conditions hereinafter specified, the right, authority and permission are here- by granted to the Dubuque & Minnesota Railway Company to lay down a single track of its road from the point where the north line of 6th street intersects the center line of Washington street., at Station -0,254 feet ; thence N. 5° 35' E. Station 1 X 74 9-10 curve to left. (intersection angle 10 ° 14' to Station 5 X 16, thence N. 4 ° 50' W. Station 12 X 68 curve to left, (intersection angle 24, 52') to sta- tion 17 X 12, 75 being center of Pine and Eleventh streets ; thence in the same curve to Station 18 X 28.5, thence N. 29 ° 45' W., foliowing the center of Pine street to a point between Sixteenth street. and Seventeenth street. Station 35 X 38 curve. to right, (intersection angle 54° 16') to Station 44 X7, S thence N. 25 ° 10' E., across Cooler Creek and running through the center of Peostaa. street. REVISED err] ORDINANCES. 199 Station 73 X 4S, 5, curve to the left, (intersection angle 7 30' to Station 75 X 36, thence N. 1 7 ° 10' E. Station .79 X 12, curve to the right (intersection angle 8 ° 04' to Station 83 X 15, 3 thence N. 25° 15' E. Station 90 X 13, 4 curve to the left (intersection angle 6 ° 34' to Station 93 X 33, 4 thence N. 19° E. Station 95 X 5S, 3 curve to the right (intersection .angle 6 ° 02'1 t.o Station 98 X 59, 9 thence N. 25 ° 02' 11. Station 100 X 58, 9, curve to the right (intersection angle 12 ° 20') to Station 104 X. 70 thence N. :36' 50' E. Station 106 X 19, 2, curve to the left, (intersection angle 9 ° 16') to Station 109 X 28, 08 thence.N. 27° 45' E. Station ilia X 52, 5, curve to the left, (intersection angle 5°) to Station 119 X. 0, 2.5, thence N. 22° 40' E. Station 181 X 18, 7, curve to the left., (intersection. angle 16 ° 5.5') to Station 136 X 82, 6, thence N. 5° 45' E. Station 143 X 47, curve to the left, (intersection angle 35 ° 31') t.o Station 149 X 39 thence N. 30° 05' W. Station 152 X 89, curve to the left, (intersection angle 1.0 ° 50') to Station 154 X 69, thence N. 40° 35' W. Statiion 1.64 X 63, curve to the let't (intersection angle 5 ° 02' (to Station 169 X 495, thence 1. 45° 55' W. Station 1.71 X 70, curve to the left (intersection angle 4° 01') to Station 173 X 70, thence N. 49 ° 15' W. Station 178 X 05, curve to the Ieft, insection angle 9° 28' to Station 179 X 94, thence N. 58° 45' �V., crossing the northern boundary of the City of Dubuque at. Station 181 X 16, 5, and for- '200 Ill -WISED CITY ORDINANCES. ever thereafter maintain and use the same for the pa. -sage of loco, motives, ears and trains of cars, upon the following eondit.ious, to be performed by said Company, -viz : lst.. Said Company, whenever required by the city authorities, shall, at its own proper costs, so grade any street or alley through or over which their track may be laid, (south of Eagle Point on the south line of mineral lot 305a) so as to afford an easy pas- sage for carriages and other vehicles on either side of said track and shall keep said track properly ballasted, and the space be- tween the rails and to the end of the ties so graded that car- riages and other vehicles may easily pass over the same. end. That on each side of each street or alley, at the place where said track crosses the same, said Company shall construct and maintain suitable culverts and drains that will admit the free passage of all water that may flow down such street or alley. 3rd. That at the place where said track shall crows any street or alley said Company shall, whenever directed by the city anthori- ties so to do, at its own proper costs, grade such street or alley to a level with such track, and pave or plank the space between the rails the entire width of such street or alley in such manner as will afford an easy passage for wagons and other vehicles. 4t.h. That said Company shall strictly comply with all reason- able police regulations which the authorities of said City may establish in relation to the running of ears on said track within the City Limits. This ordinance shall be in force from and after notice in writ- ing of the acceptance by said company of the provisions thereof given by said Company to the Mayor of the City and the publi- cation of said ordinance in the Dubuque Daily Times, at the ex- pense of the said Railroad Company. Passed October 31st, 1870. Iu REVISSED CITY O1{DINANCES. 201 CIIAPTER LXVII. A; ORDINANCE to prevent the fouling of sewers on Fourteenth, D(ain and Eighth streets. SEC. 1. Sewers closed, Bso. 3. when to be in force. 5. Not to deposit slop or garbage in same. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That all private drains leading into the sewer on Fourteenth street, along Main to Seventeenth street, or into the continuation of said sewer from Fourteenth street along Main to Seventeenth street, or into said sewer, as far as it is constructed across or along Seventeenth street; or into the sewer on Eighth street, and all openings into any of said sewers, through which slop or garbage is or may be thrown, and all openings required for drainage of surface water into there, be closed and the proper officers are hereby directed to immediately carry this into effect. SEC. 2. If any person make, or cause to be made any drain or any opening of any kind into any of said sewers, or into any continuation of the same, for use for private purposes, or use or attempt to use said sewers or continuation, or any of therm, to deposit slop, garbage, or any fluid or substance which creates or is likely to create foulness or impurity in any part of any of them, he shall be punished by a fine not to be less than five, nor more than fifty dollars, or by imprisonment not to exceed fifteen days, at the discretion of the court, SEC . 3. This ordinance shall be in force from and after one publication thereof in the Times and Herald, newspapers of this city. Passed September fi, 1878. (26) 202 Iall'ISEU CITY ORDINANCES REVISED CITY ORDINANCES. ACES. 203 CHAPTER LXVIII. AN ORDINANCE gran ing the right of way to the Dunleith and Du- buque Bridge Company for ara.ilroad across and along certain streets, alleys, levees and public property in the City of Dubuque, and giving the right to locate the westerly end of said bridge on the outer levee. SEC. L Bridge company. Svc. 2. Must keep streets in repair. Be it Ordained by the City Council of the City of Dubuque: SEcTroN 1. That the right of way he and is hereby granted to the Dunleith and Dubuque Bridge Company across and along all streets, alleys, levees, public grounds or property of the City of Dubuque, with the right to lay proper tracks along the -Sallie, as are embraced within the following limits, to -wit.: All streets, alleys, levees, public grounds or city property lying east of a line commencing at Railroad Avenue on the west side of the alley, between Main and Iowa streets; thence along the west side of said alley to Jones street; thence northerly along the west side of Iowa street to Second street; thence to west side of inner levee; thence along west side of inner levee to North side of Sixth street; thence northerly along west side of Jackson street to .Yinth street; thence along north side of Ninth street to 'Washington street; thence along west side of Washington street to Eighteenth street; thence easterly to the main channel of the Mississippi river; also the right to abut the westerly end of said bridge at the outer levee between Sixth and Seventh streets, or on either of said streets; reserving however to the City Council the right to make all needful and useful regulations concerning the running of trains, the speed of the same, and all other prop- er police regulations. Provided, That the rights herein granted to the said Dubuque and Dunleith Bridge Company shall cease and determine as to all streets, alleys or other property not actually occupied by the tracks of said company or selected by said company for track or tracks, to he forthwith constructed within three years from the date of this ordinance. Sc.E2. That it shall be the duty of said Dunleith and Du- buque Bridge Company, and their assigns, to keep up and lmtlll- tain in good order and repair all the crossings of the streets and alleys in said City of Duburltle, also, to repair and restore to good order and condition any and all sewers, curies or other pub- lic improvements, which may be injured, damaged or destroyed in constructing or rising said track or tracks. CHAPTER LXIX. AN ORDINANCE granting to the Illinois Central Railroad Company the right of way over and along certain streets and alleys in the City of Dubuque. SEC. ]. Company to lay track. SEC. 4. Track to he laid to grade. 2, where to lay. 5. Notice of acceptance. 3. To grade alley. Be it Ordained by the City Council or the City of' Dubuque : Sl<;ori oN 1. That permission be, and the same ishereby grant- ed to tite Illinois Central Railroad Company-, its successors and assigns, to lay down and operate a single railway track from a convenient. point on the Bridge Company's track, north of First street and south of Second street, to the alley on the south side of, and intersecting; the south line ofsaid street between Main and Iowa streets, and thence south along said alley to the south side of Railroad Avenue. SEC. 2. That the ordinance heretofore adopted, entitled "An Ordinance granting to the Dubuque, Bellevue and Mississippi Railway Company, and to the Dubuque and Minnesota Railway Company the right of way through the City of Dubuque," pass ed February 2d, 1871, be, and the same is hereby so fin modified, that the said Dubuque, Bellevue and _Mississippi Railway Conl pang, and said Dubuque and Minnesota Railway Company, their successors and assigns, shall be permitted and required to lay their track on one side of said alley, while the said Illinois Central Railroad Company shall lay its track, herein authorized, on the other side of the same. SLr. 3. That whenever required by the City Council of this City, said Illinois Central Railroad Company 'shall, at its own 201 It,EVISEII CITY ORIDINANCES. expense, grade the one-half of the said alley on which its track shall be laid, and that portion of any street crossed and occupied by its track, shall keep the space between the rails, and to the end of the ties, so graded, that carriages, and other vehicles may easily bass over the same, €!nd on each side of every street cross- ed by its said track, shall construct and maintain suitable cul- verts and drains, so that the free passage of water shall not be interfered with, by the track hereby permitted, shall at street crossings plank between the rails, and make suitable approaches to enable vehicles to gross its track, and shall strictly comply with all reasonable police regulations which the authorities of this City may establish in relation to the running of trains on said track within the limits of this City. SEC. 4. That the track herein authorized, shall be laid to the grade established by the City, and should the grade be changed by the City at any time, the said track shall be changed to con- form to such change of grade, such change of the track to be made at the expense of the Company, and the Company to have no claim against the City for damages because of such change. SEC. 5. That this ordinance ~shall be in force from and after notice in writing, of the acceptance thereof by said Illinois Cen- tral Railroad Company, given to the Mayor of this City, and the publication of this ordinance in the official papers of the City, at the expense of said company. Passed December 2d, 1874. REtiISED CITY ORDIN A \CES. 205 CHAPTER LXX. AN ORDINANCE authorizing and regulating the Hill Street and West Dubuque Street Railway in the City of Dubuque, Iowa. SEC. 1. Granting right to construct rail-S way. 2. Upon what streets. 3. When to be constructed. 4. To keep track in repair. 5. To plank crossings etc., 0. To hold city harmless against claims for damages. 7. To repair all damages caused streets. S. To keep guards around danger- ous places. S. Obstructing defined and punished. EC. 10. Right to use steam or horse power. 11. To run enough cars to accommo- date public. 12. hates of fare not to exceed ten cents. 13. Track to be taken up for repairs of Streets, etc. 14. Hight of city to regulate. 10. Right of other railroads to cross. 10. Right of other Railroads to use track. 17. When ordinance to take effect. Be it Ordained by the City Council of the City of Dubuque Sacriox 1. That the Hill Streetand West Dnbnque Street Rail- way Company, their successors and assigns, be and are hereby gran t- ed the right ancl privilege to construct, maintain and operate over the streets of the City of Dubuque as hereinafter named: Street Railways for carrying passengers with baggage and freight belonging to them, for the term of twenty (20) years from the passage of this ordinance; Provided, the Jnlien Avenue and West Dubuque Street Railway Company surreIlder to the City of Dubuque all the rights ou them conferred by said City, by ordinance passed June 7th, 1876. S.I•.c. 2. That said Company its successors and assigns may construct, operate and maintain a single track frith such side tracks, switches and turn -outs, as may be necessary fbr the full convenient working and operating of said roads, upon the follow- ing streets in the City of Dubuque, beginning on Eighth street at Main street, running westwardly to the west side of Bluff street; thence up Julien Avenue to Hill street; thence up Hill street southwardly to Third street; thence westwardly on Third street to Alpine Street; thence nortliwardly on Alpine street to Julien Avenue; thence westwardly on Julien Avenue to Broad street; and to construct, maintain and operate by single track with side tracks, switches and turn -outs over and upon all other streets of said City, on the bluffs North of Southern Avenue and west of Bluff street out to West Dubuque, also to extend said road down to White street on Eighth street, and on White street to the C., • 206 REV ISE,1 CITY 01W1N 1NcES. D. & M. E. R. depot, and also on Iowa street from Eighth street to the now City Hall. Said roads to be laid and operated at the established grades of said streets, that the location of the track of said roads. upon said streets be fixed by a committee to be appointed by said City Council •in connection with the City Engineer. Sic. 3. Said Company, their successors and assigns shall commence the construction of said road within sixty days from. the passage of this ordinance, and shall have the said roads in- cluding side tracks and so forth, completed from Main street to Broad street on Julien Avenue, and in operation within six months from the date of the passage of this ordinance, and as to other streets and parts of streets said tracks shall be laid thereon and the road operated within three (3) years from the date of the passage of tllis'ordinance, and a failure to construct said railway upon any of said streets or parts thereot within the tinges named in this ordinance, or a failure continuously to operate said road or roads after completion upon any of said streets or parts of streets shall cause and be a forfeiture of all the rights and privi- leges hereby granted to said company its successors and assigns, as to such street or streets and part of streets, and that t]ic sane shall reinvest in the City of Dubuque as if this ordinance had not been passed . Sm. 4. That said Company, its successors and assigns, shall keep in good repair and in a cleanly condition the road bed be- tween the rails of the different tracks, and for one foot ad joining said rails ❑r1 the outside, at its own expense. SEc. 5. That said Company, its successors and :assigns, shall cause such track and tracks to be well pl€anked between and on the outside of the rails at all street crossings, and to keep the same in perfect repair at all times. • Sic:. G. That said Uompany, its successors and assigns. shall hold the said City of Dubuque free and laa.rinless from and against all elainis for damages from the construction, operation and management of said roads. • REVISED CITY ORDINANCES. 207 SEc. 7, It shall he the duty of said company, its successors and assigns to repair and make good any and all damage done to the street curbs, gutters, sidewalks etc., by the construction and repairing of the tracks along the streets as herein provided for, or by the operating of said road. Sic. S. That said company, its successors and assigns in con- structing said road upon said streets, while the same is being done, shall place and keep secure guards around and about all ex- cavations, unsafe and dangerous places, made or caused in the construction of said road, and to keep and maintain during the night time, proper and sufficient lights at such places, and to be liable fin! all damage from the'neglect hereof, as provided in sec- tion six. SEc. 9. The track of such. road as may be constructed, shall he put down in sues a rua.nner and on such level as will be best adapted to the use of steam or horse power, but to be construct- ed in such a manner as to obstruct the street or streets as little as possible, and the cars of said company shall take precedence over other vehicles, persons or things, and if any person shall unnec- eessa.rily obstruct or impede the running of cars on snelr track, he shall be fined five dollars thr each offense by any proper court or justice of the peace, having jurisdiction in the case. SEC. 10. The said company shall have the right and privilege to use steam or horse power in operating the roads, the right of which roads is in this- ordinance granted. Sicc. 11. It shall be the duty of such railway company, its successors and assigns, to furnish and run a sufficient number of cars to accommodate the traveling public. .All ears should carry signal lights :11-'ter dark. SEa. 12. The said parties, their successors and assigns may regulate and establish from time to time such rates of fare for the transportation of persons and things over their road as they may see proper, Provided, that the charge for carrying a person from one extreme to another shall not exceed ten cents. 208 BE V I$PI1 CITY ORDINANCES. SEC. 13. The City of Dubuque reserves the right to take up and remove the rails of said road, whenever it shall be necessary for the repair rind improvement of the streets, or for laying water or gas pipes, or sewers, or for other public purposes on the streets on which such rails may be laid, and such repairs and inlprovt- rr elits shall be made by the city and without unnecessary delay, and the track of said road shall be taken up and relaid by the Railway Company, at their said Company's cost and expense. Src. 14. The City Council hereby reserves the right to snake all necessary and usual police regulations concerning the opera- tion and 1nanagement of said street roads, during the continu- ance of the rights and privileges hereby granted. SEC. 15. Nothing herein contained shall be so construed as to deprive the City of Dubuque of the right to authorize (the) other railway companies, from crossing the tracks laid down, un- der the authority of this ordinance. SEC. 16. Should any other company at any future time from this date, construct, operate and maintain a street railway over and along Julien Avenue in such city, such other person or com- pany so constructing, operating and maintaining said railway along Julien Avenue, shall have the right to use jointly mud sub- ject to just and reasonable regulations with the grantee herein, the track of the hill street and West Dubuque Street Railway Company, from the intersection of Hill street and Julien Avenue to Main street, Provided, as a condition precedent to the use of said track from Hill street to ?Main street, the person or com- pany operating and maintaining such railway onand along Julien Avenue, pay in cash to the grantee herein, one-half of the cost price of building and constructing, including materials of said tracks so used as above described, and shall thereafter pay one- half of the expenses of keeping the track so used in proper re- pair and condition, also subject to time table, to be fixed by the Hill Street & West Dubuque Street Railway Company. SEC. 17. That this ordinance shall be in force from and after REVISED CITY ORDINANCES. 209 its publication in the official papers of the city, and the notice of the acceptance thereof, by said Hill Street and West Dubuque Street Railway Company, its successors or assigns, shall be given to the Mayor of this city. CHAPTER LXXI. AN ORDINANCE to regulate the running of railroad trains and en- gines and to prevent unlawful interference with the cars, switches and other property of railroad companies in the City of Dubuque. sc. 1. Speed not to exceed six miles au SEC. 5. Interference with punished. hour. G. Getting on or off while in motion 2. Bell to be rung constantly. punished. 3. Not to obstruct crossings. 7. Mayor may appoint employees as 4. Violation of this ordinance pun- specialpalicemen. ished. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That no railroad train or engine, with or without ('are attached, shall be run within the limits of the City at a greater speed than six miles an hour. SEc. 2. That the engineer of every engine, while running within the City limits, shall caliae the bell to he rung constantly while such engine is in motion. Si;c. 3. That no railway company, nor any officer or employee thereof, shall allow any engine, car or train, to stand on the cross- ing of any street within the City, in such manner as to obstruct the passage of teams, or persons passing on foot, over such rail- road track, longer than five minutes at any one time. SEC. 4. That any engineer or other person in charge of an en- gine, who shrill violate the first or second sections of this ordin- ance, and any officer, conductor, engineer, agent, or employee of any railroad company, who shall violate the third section of this ordinance shall, upon conviction thereof, be fined not less than five nor more than fifty dollars, and any railroad company whose officers, agents, or employees, shall violate the provisions of this ordinance, shall forfeit and pay for each. offense a penalty of twenty-five dollars to be recovered iI: any court having jurisdic- tion thereof. (27) ?10 REVISED CITY ORDINANCE'S SEG. 5. That any person not authorized so to rho, who shall meddle with or in any manner interfere with any railroad switch, car or other property, of any railroad company in said City, shall be subject to a fine of not less than five nor more than fifty dollars. Sc.E6. That any person not an employee of such company, or an officer of the law, who shall at any place in said City, other than the established depots, get on or off any engine, or car of any railroad company, in said City, whilst such engine or car is in motion, or at any place in said City, get on any engine or car of any railroad company without the consent., expressed or im- plied of the person iii charge of sueh engine or ear, shall be sub- ject to a fine of not less than one nor more than twenty dollars. Sic. 7. The Mayor or of said City may appoint as special police- man for said City, (without -pay) any watchman employed by any railroad company in said City; and such watchman after being first duly sworn in by the Mayor, shall have full power and authority, with or without a warrant, to arrest and bring before the proper tribunal any person found violating any pro- vision of this ordinance. CHAPTER LXXII. AN ORDINANCE to regulate and provide for the dress to be worn by the members of the police force in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: That the dress to be worn by the members of' the police force of the City of Dubuque, shall be as follows viz: SECTION 1. The hill dress for all members of the Dubuque City police, for winter wear, shall be of navy blue cloth, pure in- digo dyed, and all wool. DRESS COAT. SEo. 2. Marshal —Shall be a double breasted frock, buttoning close up under the chin; the waist to extend to the top of the REVISED CITY ORDINANCES. 211 hip and the skirt to extend from two-thirds to three quarters of the distance from the articulation of the hip joint to the bend of the knee; two rows of gold gilt police buttons on the breast, seven in each row, placed in equal distance, the distance between each row to be five and one-half inches at the top and three and one-half inches at the bottom; rolling collar of blue black silk velvet, to rise no higher than to permit the chin to turn freely over it; cuffs three and one halt' inches deep, and to button with three small gold gilt police buttons at the -under seaairi; one pocket on each inside breast, and one pocket in each skirt behind, and one at the hip ranging with the lowest breast button, and one at the end of each pocket, making f'onr buttons on the back and skirt; the body to be well wadded, and the body and skirts to be lined with black Italian cloth, and the sleeves with light colored silesia. SF:c 3. For Captains and Deputy -Marshal, the same as for the Marshal. SEC. 4. Patrolmen and all other members of the force, the some as for the Captains, except it shall be single breasted, with one row of buttons on the breast, placed at equal distances; the collar will be of the same material as the coat, the sleeves will be made without cuffs, and no buttons will be worn en the seam. PANTALOONS. SEC. 5. The pantaloons shall be made for all members of the furne alike, and plain, with one hip pocket in addition to the or- dinary pockets. VEST. SEC. 6. The west shall be made alike for all members of the force; single breasted, buttoning high in the neck, with standing collar, and eight small buttons placed at equal distances. NECK TIE. SEo. 7. All members of the force shall wear black silk ties. CAI'S. SEC. 8. Saine as used by Chicago City Police, Philadelphia R12 REVISED CITY ORIIINANCES. pattern, for ail members except Marshal, Deputy and Captain, which shall be distinguished from the others by bands of gilt lace five -sixteenths of an inch wide at the base. OvJRWO AT. SEC. 9. 1''or Marshal —Shall be double breasted, buttoning close up under the chin, with turn -over collar of blue black silk velvet, the waist shall extend to one inch below the top of the hip, and the skirt to three inches below the bend of the knee, and all edges shall be swell, and sticlled one-fourth of an inch from the edge; there shall be two rows of gold gilt police buttons on the breast, five in each row, placed at equal distances, the dis- tance between each row to be six inches at the top and four inches at the bottom; four buttons 'on the back and skirts, the two upper ones to range with the two lowest buttons on the breast, and the two lower ones at the end on each pocket, and two small gold gilt police buttons on the under seam of each cuff; there shall be a buckskin lined pistol pocket on inside left breast an ordinary pocket on inside right breast, and one pocket behind in each skirt; the body of the overcoat shall be well wad- ded, and the body and skirt lined with a light weight dark col- ored kerseytnere or its equivalent, and the sleeves lined with heavy light colored silesia. Sec. 10. For patrolmen and all other members of the force, the same as for the Marshal, except the collar shall be of same material as the coat, and there will be no buttons worn on the under seam of the cuffs. SEC. 11. The full dress for all members of the Dubuque City Police, for summer wear, shall be navy blue blousing, pnre indigo dyed, and all wool. COAT. SEC. 12. For the Marshal, Deputy Marshal and Captains, shall be a single-breasted sack, buttoning close up under the chin, with turn over collar of blue -black silk velvet, and one pocket on the in- side left breast. The sack shall extend one-half of the distance from the articulation of the hip joint to the bend of the knee, and shall have four gold gilt buttons on the breast, placed at REVISED CITY ORDINANCES. 213 equal distances, and three small gold gilt police buttons on the under seam of each cuff. The hody of the sack shall be limed with black Italian cloth and the sleeves «Title light colored silesia, shall be made without wadding. SEc. 13. For the patrolmen and all other Inelnhers of the force, the salve as for the Marshal, except the collar will he of the same material as the coat and there will be no buttons worn on the under seam of the cuffs. PANTALOONS AND VESTS. SEC. 14. For all members of the force alike, and to corres- pond in style and pattern with those prescribed for winter wear, except the Marshal and Captains may wear a vest of white linen. NECK 'nE. SEC. 15. For all members of the force the salve as prescribed for winter wear. INSIGNIA AND MANUAL. SEC. 16. The star, buttons and book of rules and regulations club and belt, will be furnished by the City, at the office of the Marshal, to all members of the force, free of cost, to remain the property of the City and to be returned to the office of the Mar- shal at once, whenever any member shall sever his connection with the force, in as good condition, natural wear and tear excep- ted, as when received; and all members of the force will be re- quired to pay for the loss or damage to same, which. may arise front their own wilfulness or neglect. THE -FARING OF UNIFORM, INSIGNIA AND EQUII'MEN'I'S. SEC. 17. All nletnbers of the force will wear the prescribed uniform at all tinges w1.en on duty, or when appearing in public, unless especially authorized by the 14iarslial to appear ill citizen's dress, anct when on duty the coat shall always be buttoned. SEC. 18. TIIe prescribed belt, club and star, will always be worn when on duty, but at no other three; and the star will al- ways be carried about the person when off duty. 214 REVISED CITY ORDINANCES. SEO. 19. The star will be worn outside on the left breast,and the belt outside also, with the club in the frog. Sro. 20. No inember of the force will be required to wear the club and belt while in the performance of office duty. SEC. 21. All members of the force will be required to keep their person and uniforms in a strictly neat condition, and their uniforms and equipments in perfect order and repair. SEC. 22. The time for changing from winter to sumrner dress, and vice versa, will be designated by the Marshal. SEo. 23. All members of the force will ire required to have their clothing made by the tailor selected by the committee on police, the price of wliiclr having first been made a subject of competition will be designated by the committee, and of cloth selected, also the material for all suits selected by the same. SEC. 24. All members shall be required to pay for their uni- forms. CHAPTER LXXIII. AN ORDINANCE to prohibit blasting within the city limits. SEC. 1. Prohibited without permission. SEC. t. Penalty. Be it Ordained by the City Council of the City of Dubuque : SECTION 1. That it shall be unlawful for any person to blast rock witliin the corporation limits of the City of Dubuque, with- out first having obtained permission of the committee of the City Council on streets so to do; and after such permission is granted the work shall be done under any restrictions imposed by the street committee, and it shall be the duty of said commit- tee and they are hereby authorized, if in their opinion the furth- er continuance of such blasting would be dangerous to life or property, to notify such person or persons to discontinue such work. SEO. 2. Any person blasting rock within snch limits, or con- tinuing to blast rock after being notified by the committee on 1■ ■ !: EV] `-r ]D CITY ORDINANCES. 215 streets to discontinue the same, shall be punished by aline of not more than one hundred dollars in each case. CHAPTER. LXXIY. AN ORDINANCE to regulate the manner that conductors to eave spouts shall be constructed on buildings, SEC. I. I-Iow to be constructed, SEC. 3. Violation of punished. 2. Marshal to give notice. Be it Ordained by the City Council of the City of Dubuque: SECTION 1. That all conductors of water from the eave spouts that discharge into the alleys or streets, on buildings now con- structed, or to be hereafter constructed, shall extend to within one foot of the ground, with an elbow at the Iower end, and a stone or hard brick of sufficient size placed so that the water dis- charged through said conductor will be received on said stone or brick. Ste. 2. The Marshal shall give notice to the owners of all buildings now built when known, to the occupants when the owners are unknown, to construct their said conductors so as to conform to section one of this ordinance; and if not made to conforrn with the requirements of section one, within ten days after being so notified, said owner or occupants shall, for each day they so neglect to conform, be liable to a fine of one dollar and costs of prosecution. SEC. 3. On all buildings to be hereafter erected, the conduc- tors from said eave spouts shall be constructed as required by this ordinance, and for any failure to so comply the owner shall be liable to a fine of ten dollars, and one dollar fine in addition tbr each day he so neglects to comply •with the requirements of this ordinance, and the costs of prosecution. 216 REVISED CITY ORDINANCES. CHAPTER. LXXV. AN ORDINANCE granting the right to generate and distribute steam by means of pipes under ground. S1:c. 1. Right granted to Dubuque Stearn Svc. 3. Company liable for damages. Supply Co. 4. Council to regulate. E. To repair damages. 5. Rights not exclusive. Be it Ordained by the City Council of the City of Dubuque : SECTION. 1. That the right and privilege be, a ucl the same is hereby granted, to the Dubuque Steam Supply Company, of the City of Dubuque, their successors and assigns, to lay under- ground, maintain and keep in repairs in any of the streets or al- leys in said city, pipes or conduits for the transmission or con- veyance of steam. from a central point or location in said city, to such other points or places therein as may be deem -led desirable by said company. SEC. 2. It shall be the duty of said Dubuque Steam Supply Company to repair any and all damages that may be done to any of said streets or alleys, or to the curbs, gutters or sidewalks, therein, in laying, repairing or using said pipes or conduits for the distribution of steam, and not to permit or suffer any part of said streets or alleys to be or remain in a bad or dangerous con- dition on account of anything done by said company in the sub- sequent use, repair or re-laying of said pipes or conduits. SEC. :3. That said company shall be liable for all damages con- sequent upon the constructing and operating of said works to any person suffering the same. SEc. 4. That said company shall be subject in the operating of said enterprise in every respect, to all regulations and restric- tions that the City Council may by ordinance establislt from. time to time. SEa. 5. The rights and privileges by this ordinance given to said company shall not be exclusive. Sia. G. This ordinance shall be in force from and after its passage and publication in the official papers of the city. REVISED OITY ORDINANCES. 217 And the expense incurred by said publication shall be paid by the Dubuque Stearn Supply Company. Passed June 2, 1 5 i 9. CIIAPTER LXXVI. AN ORDINANCE to regulate the sale- and inspection of Kerosene Oil, ete. SEC. 1. Oil to be inspected. SEC, 8. x. Inspector Appointed. U. 3. Duty of Inspector. 10. 4. To mark approved or condemned. 11. 5. To keep record. 12. 6. Compensation. 7. When to inspect. 13. Penalty for fraud. Soiling Interior Oil punished. Obstructing Inspector Punished. Eufolcement of tines. Wholesale Dealers to report sales monthly to Inspector. Refusing to report punished. Reit Ordained by the City Council of the City of Dubuque: ;'F:I•riON 1. it shall he unlawful for any person or persons to ;c11, keep ts.ir sale, or offer fiir sale any oil, kerosene, petroleum, burning fluid, or other fluid intended for the purpose of illumina- tion. Except such oils or fluids aforesaid, as are brought to said city for shipment and shipped therefrom, and not sold therein for consumption, or to dealers in and sellers thereof doing business in said city, without first having the sable inspected as to quality and pleasured as to quantity. Sr:r. 2. The City Council of the City .of Dubuque shall, at its first regular meeting ill the month of April in each and every year, or as soon thereafter 175 convenient, appoint a suitable and cvinpetent citizen to act as inspector and measurer of the oils and illuminating, fluids meiltioned in the first section thereof; who shall give good and sufficient bond for the faithful performance of his duty- as such inspector and measurer to the State of Iowa, in such a sum and with such sureties as may be fixed and ap- proved by said Council, with the right of action thereon to any person who may be aggrieved by the miscondiict or neglect of such inspector or measurer. Si:C. 3. Said inspector or measurer shall inspect and meas- ure all oils and illuminating fluids, named in the first .section ]hereof, with reasonable dispatch by applying the proper fire test (28) 21S ItEti rsF;I] CITE: ORDIN ANCEs thereto, in quantities not less than one pint, as indicated and de ternrincd by some accurate instrument and apparatus approved and used for testing the quantity and quality of such illuminating oils and fluids, which instrument or apparatus the inspector Shall provide at his own expense and cost. SEc. 4. If the oils and fluids so tested will not ignite or ex- plode at a temperature less than one hundred and fifty degrees Fahrenheit., to be ascertained as aforesaid, said inspector shall mark plainly and indelibly over his official signature, with the date thereof' on each cask, barrel, tank or packages so tested, "Approved, fire test being one li.rnidred and fifty degrees," or more as the same may prove, witli the number of gallons therein contained. If the salve does not prove to be one hundred and fifty degrees, as aforestated, said inspector shall mark- on each cask, barrel, tank, or package so tested, "Condemned for illumi- nating purposes, fire test being degrees," as the salve nia.,F prove less than one hundred and fifty degrees Fahrenheit. SEo. 5. Said inspector shall keep a record of all inspections and measures made, as hereinbefore designated, and enter the same within twenty-four hours thereafter in a book kept for that purpose, which shall at all times be accessible for examination within business hours by any person, and upon the termination ofhis office, said inspector and measurer shall turn the same over to the clerk or recorder of said city. SEC. Ei. For the performance of the foregoing duties said in- spector and measurer shall receive a compensation of five cents for each cask, barrel, tank or packages so tested, the owner or holler of the oil to be inspected and measured, as ordained and provided for herein, shall pay for the inspection and measuring of the same immediately upon the inspection and measuring thereof. SEc. 7. Said inspector and measurer shall not be required to inspect or measure any of the oils or illuminating fluids men- tioned in the first section of this ordinance until the same has REVISE.]? CrrY OEDINANCEs. 219 been received and unloaded in said city, or offered for sale in said city. SEC. 8 Any inspector who shall falsely brand or mark any casks, barrel, tank or paokage, or be guilty of any fraud, deceit, misconduct, or culpable negligence in the discharge of any of his official duties as in this ordinance provided; or who shall directly or indirectly deal in any such oils or fluids while hold- ing the office of inspector and measurer, shall be guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine not exceeding one Hundred dollars, including costs of prose- cution, or imprisonment not exceeding thirty days; and shall be liable to the party injured individually, and upon his bond for all damages occasioned thereby. SEc. 9. Any manufacturer or refiner of, or any dealer in any such oils or fluids as named in the first section hereof, who shall sell or offer for sale to any person, for illuminating purposes without the same shall have been so inspected, or shall sell or offer for sale any such oils or fluids as aforesaid, which is below the test of one hundred and fifty degrees, Fahrenheit, as provid- ed in section four of this ordinance, or who shall use any cask, barrel, tank or package with the inspection brand or mark there- on, the oil or fluid therein contained not having been so inspect- ed, or who shall counterfeit any such inspector's brand or /nark, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a, fine not exceeding one hundred dollars. including costs of prosecution, or imprisonment not ex- ceeding thirty days. SEn. 10, Said inspector shall have the right at all times to in- spect and reinspect any and all the oils named in the first section hereof, whenever in his judgment the public safety and the faith- ful execution of this ordinance requires, but shall make but one charge for said inspection and measuring; and any person or persons refusing said inspector to so inspect said oils, or obstruct, or attempt to obstruct him in the execution of his said duties, upon conviction thereof shall be punished by a fine not exceed- 220 REViElb:v CITY ORDINANCES. ing one hundred dollars, including costs, or thirty day's im- prisonment. SEC. 11. Upon the non-payment of any tine or penalty by the defendant against whore the same is rendered, the court1hav- ing cognizance of the case shall imprison the defendant or de- fendants until the said fine and penalty are paid. SEC. 12. That every manufacturer or refiner of such oils aiul fluids as are named in the first section of this ordinance, or deal- er in or seller u# the same in wholesale quantities of one barrel or Bask, or over, shall once each month, from the first to the tenth thereof, render to the inspector, provided for in this ordinance, a statement in writing and tigures, and verified by the oath of such manufacturer, refiner, seller or dealer, showing the names of the person or persons and the quantity to whole sold, and the quantity in gallons, barrels or casks sold by him in said city dur- ing the month preceding such statement, —except such oils or fluids as aforesaid, as are brought to said city for shipment and shipped therefrom, and not sold therein for consumption, or to dealers in or sellers thereof doing business in said city. SEC. 13. Any manufacturer, refiner of; dealer in or seller a#' such oils or fluids, who shall refuse to render the statement pro- vided for herein, and in manner and form, and at the time here- in specified, shall be deemed guilty of a misdemeanor, a.iidl upon conviction thereof, shall he fined not exceeding twenty-five dol- lars or less than five dollars, with cost of prosecution. CHAPTER LXXVII. AN ORDINANCE concerning drains and sewerage. Scs, 1. Surface water not to be obstructed. BFC. 4. Council may remove commis- 'ra. Power of city council, sinners. S. Council may confirm acts of coin- 5. To apply to land obstructed pre- missionors. vim's to March Nth, iSTe. U. When to tale efreet. Be it Ordained by the City Cotsacid of the City of Dubuque : SECTION 1. The owner or lessee of any tract of ground extend - REVISED CITY ORDINANCES. ??I jug into, across, or bordering on any hollow or ravine, which constitutes a drain, for surface water, or a water course of any kind, who shall by gradinri or filling such lot or tract of ground, obstruct the flow of water, throug]i such water courses, is Hereby required to construct t.lirougli such lot or lands, such a drain or passage way for water, as the Council may designate, and it' said owner or lessee shall fail to construct such drain or passage way, within the time fixed by the Council, the City shall construct such drains at the expense of t.lie owners, and assess the cost thereof on the said lots or tracts of ground, and such costs shall be levied in the same way as special assessments, and subject to the same penalties and conseslnences for delinquency. SEC. 2. Whenever a water course passes through the property of any person or persons, and, in the opinion of the City Coun- cil, it is necessary to enlarge and straighten the same, and con- demn, and appropriate private property for that purpose, the stone course of proceeding shall be pursued to condemn and ap- propriate the same as is authorized and required in condemning and appropriating private property for streets and alleys. 147lienerer any damages are claimed by the owner or owners of such property, who appear at the proper time and place to claim the salute, such damage shall be assessed by three commissioners, who shall he disinterested free -holders, to be appointed by the City Coiuicil. They shall, before entering upon their dnty, be sworn to execute the saute, according to the best of their ability. Before said commissioners enter upon their duty, the City Coun- cil shall cause notice to be given, which notice shall be signed by the commissioners, and published for three weeks in the oflic.ial papers of the city, of the time and place of meetings for the purpose of viewing the premises and making their assess- ments, and in their discretion receive any legal evidence, and may adjourn from day to day. Either one of theist shall have power, in the presence of the others, to administer an oath or oaths to any witness to he oxalnined before them. Six:. 3. When the appraisemeilt shall be completed the com- missioners shall sign and return the same to the City Council 229. REVISED CITY ORDINANCES. within thirty days of their appointment. The City Council shall have power, in their discretion, to annul or confirin the ap- l.)raiselnent, and if annulled, all proceedings shall be void, but if confirmed, an order of confirmation shall be entered . Any per- son interested may appeal from the order of confirmation to the Circuit or District Court of the County, by notice in writing to the Idayor. at any time before the expiration of twenty days after the order of confirmation. tlpon the trial of the appeal, all questions involved in the proceedings, including the amount of damages, shall be open to investigation. The cost of any pro- ceediligs incurred prior to the order of the City Council, con- firming or annulling the appraisement shall in all cases he paid by • the City. SEC. 4. The City Council shall have power to remove the commissioners, and from time to time appoint others in the place of such as may be removed, refuse, neglect or be unable frurn any cause to serve. SEo. 5. This ordinance shall apply to owners or lessees of any lot or tract of ground described in the foregoing section, who previous to the 30th day of March, A, D. 1876, may have ob- structed any such drain or water course, as in this ordinance mentioned, as wellas to those who have obstructed the same since that time. SECS. 6. This ordinance shall be in force front and after its passage and publication in the official papers of the City. REVISEII CITY ORDINANCES. 2`?3 CHAPTER LXXYIII. AN ORDINANCE prescribing the rules and regulations for the laying and using of drains, connecting with the public sewers, in the City of Dubuque. svc. 1. Ownexs must get permit. SEC. 15. 2. To give twenty-four hours notice 16. before street can be opened, 3. No pipe to be extended until no- 17. teeis given. 4. Permit muSt1ie in hands of drain layer. 5. Who may do the work. 6. Must Me bond. 7. Must notiallow bis nameto used by others. 8. Where material must be placed. 11, Sheeting and braces to be used. 10. Pipes and materials must be In- spected. 11. Size of pipe to be used. 12. End of pipe to be guarded. 13. Size of catch basins. 14. Catch basins not to be built on streets. How pricy- vaults must be built. Drains to be loft smooth and clean. How new connection is to be made.. 18. How drain pipe must be laid. 19. Streets must be left as good as ever. 20. Must put up barriers to prevent accident, 2I. Certain questions to be determin- ed by the engineer. 22. Drains not to be connected with boilers. Drains according to regulations. 24. Information to be given drain layers. 25. How changes are to be made. 26. Drain lavers to be suspended net less than thirty days. Be it Ordained by the City Council of the City of Dubuque : SECTION 1. Applications for permits to connect with sewers must be ]made by the owners of the property to be drained, or ■ their authorized agents, and host be accompanied by a clear de- scription of the premises, and the drains required, together with the water closets, sinks, :lad other futures to be connected withh the saute, so that said description may be Ief't on tile in the office of the drain layer. SEC. 2. At least twenty-four hours notice must be given at the office of the City Engineer, before any street or public way can be opened for the purpose of laying a private drain. Should the drain ]ayer be prevented by bad weather, or any other good cause, from executing the work at the time notified, he is requir- ed to report the filet to the engineer forthwith, and appoint an- other time for doing the work. SEC. 3. No drain pipe can be extended, from work previously done and accepted, or new connections of any kind be made with such work unless previous notice of at least twenty-four Hours is given to the Engineer. SEC. 4. No work of laying drains can be commenced or con- i 224 REVISED CITY ORDINANCES. tinned, without the permit is on the ground, in the hands of the drain layer, or of one employed by him. SEC. 5, The party appiying for license to lay drains must re- side in the City of Dubuque', be of an age of twenty-one years, and at the time of application must furnish the City Council with a satisfactory evidence of his .kill and ability to perform said work. SEC. 6. On or before the time of receiving a license the party applying therefor, shall file a bond in accordance with the form prescribed by said City Council. SI.o. 7. No drain layer shall allow his name to be used by any other person or party, either fbr the purpose of obtaining permits, or doing any work under his license. SEC. 8. In opening any street or public way, (till materials for paving or ballasting must be removed with the least possible in- jury or loss of the same, and together with the excavated mater- ial for the trenches, must be placed where they will cause the least practicable inconvenience to the public. As little as possi- ble of the trench must be dug till the junction piece is found, unless it is first determined to snake a new opening into the sewer. SEC. 9. Whenever the sides of the trenches will not stand perpendicular, sheeting and braces must be used, to prevent unnecessary caving. SEC. 10. No pipes or other materials for the drains can be used until they have been examined or approved by the (lity Engineer, or by one of his assistants, or by a duly authorized inspector. SEc. 11. The least inclination that can be allowed for water closets, kitchens, and all other drains, if not over six inches in diameter, liable to receive solid substance, is one-half inch in two feet, and for cellars and other drains, to receive water only, one quarter inch in two feet. All drains to be laid at a grade of not over one-half inch in two feet, between the sewers and side - REVISED CITY ORDINANCES. walks, the grade to be continued from the sidewalk or enrb stone to all connecting catch basins, at one half inch in two feet, un- less written permission is first obtained from the owner to raise such grade. SEC. 12. The end of all pipes, not to be immediately connect- ed with water closets, sink down spouts, or catch basins, are to be securely guarded against the introduction of sand or earth, by brick or cement, or other tight or imperishable material. SYc. 13. All pipes, that must be left open to drain cellars, areas, yards, or gardens, must be connected with suitable catch basins of brick, the buttorrrs of which must not be less than two and one half feet, below the bottom of the outlet pipe, the diam- eter not less than three feet, and the t'orin and construction of which shall be prescribed by the City Engineer. When pack- ing houses, butchersliops, lard rending establishments, hotels and eating house are conected with the sewers, the dimensions of the catch basins will be required of a larger size, according to the circumstances of the case. When the end of the drain pipe is connected with a temporary wooden catch basin for draining foundations during the erection of buildings, the drain layer will be held responsible, that no dirt or sand is carried into the drain or sewer from such temporary catch basin. SEE:. 14. No catch basin can be built, in the public street, but must be placed inside the line of the lot to be drained, ex- cept when the sidewalks are excavated and used as vaults. SEC. 15. No privy vaults can be connected with the sewers, except through an intervening catch basin, and the discharge pipe of the vault must be high enough above its bottom to effectually prevent anything but the liquid contents of the vault from passing into the drain. SEC. 16. The inside of every drain after it is laid must he left smooth and perfectly clean throughout its entire length. Sim. 17. In case it shall be necessary to connect a drain pipe with a public sewer, where no ,junction is left in the public (29) 276' REVISED CL'I'T OILDIN). 1.iES sewer, the Iiew connection with the public sewer can only be made by an employee of the City, or when the City Engineer is present to see the whole of the work done. SEC. 18. Whenever it is necessary to disturb a wooden drain in actual use, it must in no ease be obstructed without special direction of the Engineer. No pipe drain can be laid above the bottom of a wooden drain, whether in actual use or not. Unless the pipe is made to rest on paddled earth, brick or stone, in no ease will it be allowed to let drain pipes rest on wood or other perishable material. • SEC. 19. The back filling over drains, after they are laid, must be paddled, and together with the replacing of ballast and paving, must be done so as to make them at least as good as they were, before they were disturbed, and to the satisfaction of the committee of the City Council on streets, and the drain layer will be held responsible for any subsequent settlement of the ground. All water and gas pipes must be protected from injury to the satisfaction of the companies. SEC. 20. Every pipe layer licensed by the said City Council must enclose any opening, which he may make in the public streets or alleys, with sufficient barriers, and moat maintain the same at nights, and other necessary precautions to guard the public effectually front all accidents, from the beginning, to the end of the work, and can only lay drains on condition that he is to be held liable for all damages that may result from his neglect of any necessary precautions against accidents to persons, horses, vehicles or property of any kind. SEC. 21. In case a water or gas pipe should coine in the way of a drain, the question of passing over or under the water or gas pipe, or of raising or lowering it, must be determined by the Engineer, and in no case can the pipe layer be allowed to decide the question himself. SEc. 22. No exhaust from steam engines can be connected with the public or private drains, and no blow -oil' from the steam REVISED CITY ORDINANCES. 227 boilers can be connected without special permission t'roni the City Council and the City Engineer. SEc. 23. Drains laid within the city lilnitsin and from houses on streets, where no public sewers are yet laid, must be done ac- cording to the above regulations in every particnlar except that no permit is required for the same, until the connection is made with the sewer. Twenty -lour hours notice roust be given of the intention to lad- such dram!. SEc. 24. Such information as the City has, with regard to the position of junctions, will be furnished to drain layers, but at their risk as to the accuracy of the same SEC. 25. When any change of direction is made in the pipe, either in a horizontal or vertical direction, curves must be used. No pipe can be clipped in any case. SEC. 26. When a drain layer is suspended for a violation of this ordinance. the suspension shall not be for less than thirty days, unless the charges shall be proven unfounded. Mistakes of employes will not be sufficient excuse to exonerate the drain layer from suspension, he will be held strictly accountable to the City Council for all their acts. CIIAPTER. LXXIX. AN ORDINANCE to provide for the construction, repairing maintaining of Public Sewers, in the City of Dubuque. SEC. 1. Work to be done by Resolution of SEC. 10. Council. ]1. 2. City Engineer to prepare plans. 12. Li. Recorder to advertise for bids. 18. 4. Contract with lowest bidder. 14. 5. Street Committee to examine 15. work. 16. 6. when orders to be drawn. 17. 7. Duty of City Engineer. 8. Abutting property to be assessed 18. pro ratrt. 9. Exceptions. and Exceptions. Special Tar to be leried. Duty of Recorder. Doty of Auditor. Duty of Treasurer. Sale of property. Sale continued. Treasurer governed by ordinance of March II, 1874. All ordinances in conflict repeal- ed. Be it Ordained by the City Council of the City of Dubuque: SECT1oN. 1. That whenever it shall be deemed by the City, Council expedient to construct a sewer in any of the public 29;3 REVISED CITY ORDINANCES. streets, alleys, highways or public landings, or any part thereof the Council shall by resolution order the salve to be done, and over and along what streets, :alleys, highways or public landings; Provided, that no sewer shall be constructed except the salve be ordered to be done by the affirmative vote of two-thirds of the Council. Sze. 1 The resolution, ordering the construction of any sew- er specified in the foregoing section, shall also direct the CJity Engineer to prepare the proper plans and specifications for con- structing the salve, and said Engineer shall forthwith prepare the same and submit them to the Committee of the Council on Streets, and if the same be approved by the said committee, they shall be filed in the office of the City Recorder, it shall be the duty of the said Engineer to prepare estimates: of the cost of the proposed sewer, and file the same with the Recorder, for the inspection of the City Council. SEC. :3. That as soon as said plans and specifications are filed in the office of the City Reeurder, he shall, without further or- der from the City Council, give public notice by an advertise- ment of at least five days in the official paper of the city, that at. the next regular session of the City Council, bids will be re- ceived by the said Council, for doing the work according to such plans and specifications. SEC. 4. At the next meeting of the Council at which bids are to be received, such bids shall be opened and the contract en- tered into with the lowest responsible bidder, and bonds with surety for the fitithful performance of such work shall be re- quired to be given by the contractor; Provided that all bids fur such work may be rejected by the Council if by them thought to be exhorbitant, and new bids ordered, and Provided, that such work shall be done, under the direction and supervision of the City Engineer. SEC. 5. That as soon as practicable after the time specified in the contract within which the improvement is to be completed, the Committee of the Council on Streets shall make an exalni- ■ REVISED CITY ORDINANCES. 929 nation of the work, and if the same be not completed or done in the manner provided in the contract, said committee may direct the Commissioner of Streets to complete the same in the manner provided in the contract, and the expense of completing the salve, shall be deducted from whatever money may be corning to the contractor, under his contract, or.said committee may report the case to the City Council for their action, and if the said com- mittee find the work completed in accordance with the contract, they shall so report to the City Council for their action or ne- ceptance of the same. SEC. f). Tliat as soon as said work has been completed to the satisfaction of the City Council, they shall cause orders to be drawn on the City Treasury in favor of said contractor for the amount of such contract due the contractor for such work. Svc:. T. It shall be the duty of the City Engineer to keep a complete record of all sewers constructed. such record must show the location and profile description of the saiile accompa- nied with a plat giving the description, frontage and area of all lots, parts of lots, or lands abutting on such. streets, alleys, high- ways or public landing, together with the €amount of tax assess- ed to each lot, part of lot, or land as hereinafter pointed out, and the name of the owner of each, if known, a duly certified copy of which shall be submitted by the Engineer to the City Council, immediately after the approval of the work by the Committee of the Council on Streets. IIe shall also keep in his office a record of the correct locations of all eateli basins, roan -holes, sewer and drain junctions, and all other appurtenances to such sewers, for future reference. SEe. 8. As soon as the said work has been approved a.ncl ac- cepted, the City Council shall by resolution assess upon all such lots, parts of lots, or lands abutting upon that portion of any street. alley, highway or public landing, in which said sewer has been constructed, at the rate of seven and one-half mills for each square foot of area for the full depth of Buell lots, parts of lots, or lands unless the same exceed one hundred and fifty feet in 230 REVISED CITY- ORDINANCES. depth, and at the rate of fifty cents for each front foot of such lot, parts of lots or lands, except wheh'e the same are situated at the corner or intersection of two streets, alleys, highways or pub- lic landings, or at the intersection of any two of the above men- tioned Highways, and have been assessed upon their area, and frontage as specified above, for the expense of constructing a sewer iu one of such streets, alleys, highways or public landings, and should a sewer be constructed in the other street, alley, high- way or public landing, such lots, parts of lots or lands shall be assessed upon their frontage, for the construction of such sewer sufficient to equal a frontage tax on one-half of the full frontage of such lots, parts of lots or lands on both sides of such streets, alleys, highways or public landings, unless such lots, parts of lots or lands shall have a frontage on such streets, a.11cys, high- ways or public landings in excess of fifty-two feet on one, and one hundred on the other, of such streets. alleys, higliways or public landings, in which case such lots,. parts of lots or lands shall be exempt from paying a frontage tax on seventy-five feet. No exemption however, shall be made from the frontage tax on that part of the lots, parts of lots yr lands abutting on such street, alley, highway or public 1alitding in which said sewer shall be first constructed, unless the remaining frontage of such lots, parts of lots or lands is less than the required exemption of sev- enty-five feet. In no case shrill any lots, parts of lots or lands embraced within the boundaries above defined, the subject to but one tax upon their area. SEC. 9. In ease any lots, parts of lots, or binds, abut upon, or are hounded by the three streets, alleys, Highways, or public landings, or any of the three above mentioned highways, and have been assessed for the expense of constructing sewers in two of such streets, alleys, higliways or public landings in accord- ance with the foregoing section of this ordinance, and should a sewer be constructed in the third street, alley, highway or pub- lic landing, and such lots shall be assessed for constructing such sewer, fifty cents for each front foot on one-fourth of such front- age, except such frontage exceeds one hundred feet, in which REVISED CITY ORDINANCES. 2.31 case, all frontage in excess of one hundred feet, shall be assess- ed fifty cents for each front foot. SEC. 10. When any lots, parts of lots, or land are situated between two parallel streets, alleys, highways or public landings or any two of the above mentioned highways, and not at the corner or intersection of the same with another street, alley, highway, or public landing, and the distance between the bound- ary lines of such streets, alleys, highways or public landings, s11a11 not exceed one hundred and fifty feet, and where such lots, parts of lots, or lands have been assessed in accordance with sec- tion eight of this ordinance, for the expense of constructing a sewer in one of such streets, alleys, highways or public landings, and should a sewer be Constructed in the other street, alley, high. way or public landing, such lots, or parts of Iots, or ]ands slhouldl be assessed at the rate of fifty cents per front foot on one fourth the frontage of the salve on such street, alley, highway or public Ianding. • SEC. 11. As soon as practicable after the work shall have been accepted by the City Council, they shall by resolution Ievy a special tax on the several lots, parts of lots or lands abutting or adjoining on any portion of any street, alley, highway or public landing, in which said sewer has been constructed, in accordance with, and for the amount of the assessment as made by the City Council, which said tax and assessment shall be a Tien upon the lots, parts of lots, or lands, so assessed and taxed. The resolution by which such tax is levied shall specify the name of the street, the number of the Iot, and the amount of tax Ievied on each. Six. 12. The City Recorder shall without delay after the pas- sage of the resolution of the City Council levying a tax, make out and deliver to the City Anditor, a duly certified copy of such resolution, and take his receipt therefor, which he shall file and preserve in his office. Sac.13. The City Auditor upon receiving a certified copy of such resolutions shall forthwith enter upon the special assess- ment book kept by the Treasurer. the special tax so levied by the 232 REVISED CITY ORDINANCES. City Council, and shall charge the Treasurer therewit]i. Such special tax shall be payable by the owner or owners of the land at the time of the assessment, personally and shall be a lien upon the respective lots, parts of lots or lands from the time of the assessment. SEC. 14. It shall be the duty of the Treasurer forthwith after the levy, to give notice by one publication in the official papers of the City, that such tax has been levied, describing the street, alley, highway or public landing, in which such sewer has been constructed, and lots on which the levy has been made, and stat- ini. in such notice, that such tax is due, and payable without any further notice or de/nand, and if not paid within thirty Clays after the publication of said notice, they shall become delinquent, and shall bear interest at the date of ten per cent. as a penalty for non-payment. SEC. 15. If such tax is not paid within thirty days from the time of such notice, named in section fourteen, then the City Treasurer is required, atter giving, notice thereof for three con- secutive weeks in one of the newspapers published in the City of Dubuque, the last of which shall be ten days before the day of sale, at a special tax sale called therefor, shall proceed to se11 at public sale at ten o'clock A. 34., the lots, parts of lots or lands on which said special tax shall have been assessed and levied, as provided for in this. ordinance, said sale shall be made by the City Treasurer at the City Hall, and shall be conducted in the same manner provided by ordinance in case of sale made for non-payment of the gener- al annual taxes of the City, with the name interest torteitnres and penalties, and on such sale a certificate of purchase shall be executed to the purchaser or assignee, as in case of sale made for non-payment of the general annual taxes, and at the expira- tion of the time for redemption, if none is .lade, a deed shall then be executed to the purchaser or assignee as in case of sale made for non-payment of the general annual taxes. The Treas- urer shall charge and collect in addition to taxes and interest twenty cents on each lot, part of lot, or land advertised for sale REVISEn CITY 0IL1INANC1 s. 233 herein which shall be paid into the Treasury to pay costs of the publications. SEC. 16. The Treasurer shall continue the sale ti•oin day to day, as long as there are bidders, or until the real estate shall all be sold, and each lot, part of lot., or parcel of real estate shall he sold separately, and the person who offers to pay the taxes due on any parcel of land for the smallest portion',of the same is to he considered the purchaser. SEE,.. 17. The Treasurer in such sale, and other proceedings connected therewith, shall be governed by so far as applicable, the requirements contained in an ordinance for the collection of ordinary taxes of the City. Passed March 1 lth, 18 7 4. SEC. 18. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. CHAPTER LXXX. AN ORDINANCE to provide for the appointment of a City Marshal by the City Council of the City of Di}bugne. Sac. 1. Marshal to be appointed. Si.c. 3. Council may ramove. 8. Salary and duty. 4. Ordinances repealed. Be it. Ordained by the City Council of the City of Dubuque SxcrtoN 1. That for the year 1880, and annually thereafter, the City Council, at its first regular session in April, or as soon thereafter as may be convenient, shall elect by ballot a City Marshal, who shall continue in office for the term. of one year, ;w&l until his successor is appointed and qualified. SEc. 2. The City Marshal shall haze a stated salary, which shall be fixed by the City Council as other City officers. and shall receive no additional fees as colnpensation, and shall ]xay over to the City Treasurer, for the nse of the City, all fees in any manner collected by him pertaining to his official duties. He shall perform all duties provided for in Chapter eight of the 234 REVISE]) f7['1'] ORDINANCES Revised Ordinances, and all other ordinances tnd rules as may from time to time be passed by the City Council. SEC, 3. If said Marshal shall at any Hine fail or neglect to perform any of the duties of his office, either in the enforcement of the ordinances of the City or the orders of the Mayor or City Council, or shall be guilty of any acts of malfeasance of office, the Mayor, by and with the consent of the City Council, may re- move him from office for such offense. SEC. 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. CHAPTER LXXXI. AN ORDINANCE to regulate the use of public fountains. Be it Ordained by the City Council of the City of Dubuque : SI:o'rroN 1. That any person who shall draw, or take away, in any pail, pitcher or other vessel, any water from any public drinking, or other public fountain, in said City, tor use else- where, shall be guilty of a misdemeanor, and upon conviction thereof; shall be fined not less than one dollar or More than five dollars with costs of prosecution. CHAPTER LXXXII. AN ORDINANCE regulating sub -divisions and additions to the City of Dubuque. size. 1. Council to approve. Sao. 3 PenaIty for violation. 2. Plat to be furnished city. Be it Ordained by the City Council of the City of Dubuque SECTION 1. That no addition to the City of Dubuque, or sub- division into lots of any parcel or track of land within the limits of said City, shall be lawful, unless the same be first sub- mitted to and approved by the City Council of said City; nor shall any street, avenue or alley be recognized by said City as a REVISED CITY 0RDINANUES, 235 public thoroughfare; nor shall any expenditnre of public funds or city labor be made or done thereon, unless the plat embracing the same, be so submitted and approved. SEC. 2. That for the purpose of correct reference, a correct map or plat of all additions or sub -divisions hereafter made, shall he furnished to said City by the person or persons owning the land embraced therein, and such owner or owners shall also comply with the statutes of the State of Iowa in force at the time such addition or sub -divisions are made, so fitr as the same are applicable arid not inconsistent with this ordinance. SEC. 3. That hereafter it sliall be a misdemeanor for any per son or persons, or other owner, to ]ay off into Iots, or sub -divide any tract or parcel of ]and within the limits of said City, whereby any new street, alley or highway is platted or created without first submitting the plat thereof to, and getting the ap- proval thereof, of the City Council of said City. And upon conviction thereof; such person or persons, or owner, shall be fined in a sum not exceeding twenty-five dollars. SEc. 4. This ordinance shall take effect and be in force, from and after its publication. Adopted July 5th, 1880. CHAPTER LXXXIII. AN ORDINANCE granting to Ingram, Kennedy Day the right to lay a railway track, $EO. I. Permission granted to lay track. SEC. 4. To comply with police regulations 2. To grade streets and alleys at 5. Might of way can he revoked. their expense. 8. When to take effect. 3. To put grade as established by city, Be it Ordained by the City Council of the City of Dubuque SEcTroN 1. That permission be and is hereby granted to In- gram, Kennedy & Day, their successors and assigns, to lay down and operate a single railway track on and along the following streets and alleys in this City: from an intersection to be made 236'. REVISED carry ORDINANCES. with the Dunlieth and Dubuque Bridge Company's track at the east end of the bridge crossing Seventh street slough; thence in a northeasterly direction o'er and across Bell and Clark streets, and over and across the alley between Clark and Commercial street: to a point near the corner of Commercial and Tower streets. SEC. 2. Tliat said Ii;;rarn. Kennedy & Day, their successors and assigns, whenever required by, the City authorities shall, at their own cost and expense, so grade any street or alley through or over which their track may be laid, and pave or plank the space between the rails and the end of the ties the entire width of such street or alley, in such manner as will afford an easy passage for wagons and other vehicles. Sic. 3. That. said Ingrain. Kennedy & Day lie required to put the said track to any grade the City may .establish. SEC. 4. The said Ingram, Kennedy & Day shall strictly com- ply with all reasonable pollee regulations, which the authorities of said City nuy establish in relation to the running ot trains on said track within the limits of said City. SEo 5. That the above right of way can be revoked at pleas- ure of the City Council. SEC. 6. That this ordinance shill be in force from and after its passage and publication in the oflicial papers of the City at the expense of said Ingram, Kennedy & Day. Passed April `:d, 1878. CHAPTER I.XXXI.V, AN ORDINANCE to provid. for submitting to a vote, the question of the sale of certain real estate. Be it Ordained by the City Council of the City of Dubuque : SECTIo:1 1. That a special election shall be held in the city of Dubuque on Monday, the 28th day of February, A. D., 1881, at REVISED CITY ORDINANCES. 237 which election there shall be submitted to the rjnalified voters of said city, the question whether the City of Dubuque shall sell and convey to the Chicago, Milwaukee & St.. Paul _Railway Com- pany, the following real estate to -wit.: lot 747, part of east 56 feet of lot 304, mineral lot 106 ; lots 1 to 50 inclusive in the snb- division of mineral lot 107 ; lot 6, 7, 10 and 11, block 4, Rail- road Addition ; lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15. 16 and 17, block 15 ; lots 15, 16, 17, 18, 19, 20, 21 and 22, block 20 ; lots 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, block 28 ; lots 1 and 2, block 29, in the Dubuque Harbor Improvement Com- pany's Addition, and all in said city. Sic. 2. Said special election shall be held in the First Ward at the Montana _rouse ; in the Second Ward at the Court house; in the Third Ward at the City _Tall : in the Fourth Ward at Thos. McCoy's store ; in the Fifth. Ward at Meuser's I3rewery. The polls shall open at 9 o'clock, A_ M., of said February 28th, 1881, and close at 7 o'clock, P. M. of said day. The Council shall appoint two judges and two clerks of election in each of the wards aforesaid, who shall be allowed the sump of $5.00 each to be paid from t]ie City Treasury. SE . 3. The ballots used at said special election, shall be as follows: Shall the ('its• of Dubuque sell to the Chicago, Milwaukee & St. Paul Railway Co., the following real estate to -wit : lot 747, part of east 56 feet of lot 304, mineral. lot 106 ; lots 1 to 50 in- elusive in the sub -division of mineral lot 106 ; lots 6, 7, 10 and 11, block 4, Railroad addition ; lots 2., 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. 13, 14, 15, 16 and 17, block 15 ; lots 15, 16, 17, 18, 19, 20, 21 and 22, block 20 ; lots 13, 14, 15, 16, 17, 18, .19, 20, 21 and 22, block 28 ; lots 1 and 2, block 29 in Dubuque harbor Ini- proVernent Cornpauy's Addition. YES. NO. SEC. 4. The Mayor shall issue his proclamation setting forth the time and place of said special election, and the object 238 REVISED CITY ORDINANCES. thereof, which• proclamation shall be published in the official pa- pers of the city for 5 days before said special election. Sic. 5. If the vote shall be in favor of the sale of the real estate aforesaid, the proper officers of the City of Dnburlue, shall for goad and sufficient consideration and in the discretion of aid city, execute the proper conveyances therefor. Si:e. 6. This ordinance shall be in force from and after its passage and one publication in the official papers of the city. Passed F ebrwu•v 21. 1881. JOIIIV D. BUSH. Attest : Mayor. MARTIN KANE, City Recorder. • CITY CHARTER. AN ACT for revising and consolidating the laws incorpora- ting the City of Dubuque. SEOTIoN 1. Be it enacted by the General Assem-Bounaartes. bly of the State of Iowa, that all that part of the county of Dnlnigne, in the State of Iowa, included within the following boundaries, to -wit: Beginning at a point in the middle of the main channel of the Mississippi river, in the south line continued of sec- tion thirty-one (31) in township eighty-nine north of range three (3) east of the fifth principal meridian; thence west along the south line of said section con- tinued, and along the south line of sections thirty- five (35) and thirty six (36) in the sauce township, of range (2) east of thw•fifthprincipal meridian to the west line of said section thirty-five (35); thence -north along the west line of sections thirty-five (35), twenty-six (20), and fourteen (14) to theaiorth 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 the last men- tioned ran!re line, to its intersection with the Borth 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 con- tinued to the main channel of the Mississippi river; thence down the middle of the main channel of the Mississippi to the place of beginning, shall be, and 240 CH:i]ZTER OF CITY OF DUBUQUE. Officers. is hereby declared to be a city, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, under the name and styli: of the City of Dubuque, and as such, and by that name, shall be capable in law of contracting and being con- tracted wvith, of suing and being sued, pleading and being inipleaded, answering and being answered unto, in all eonrts and places, in all matters whatsoever; and also of purchasing, using, occupying, enjoying and conveying real, personal; and ]nixed estate, and may have and use a corporate seal, and may change, alter and renew the same at pleasure; and shall be compe- tent to have, exercise and enjoy all the rights, immuni- ties, powers and privileges, and lie subject to all the duties and obligations incumbent upon and apper- taining to a municipal corporation. Si+:c. 2. The right and power to exercise the cor- porate powers hereby and herein granted, and the ad- ministration of the fiscal, prudential and inunieipai affairs of said city, with the conduct, direction and government thereof. shall he vested in a Mayor and aldermen, to be denominated the City Council, neith- er of wlium, while holding their respective offices, shall Bold any other under the city government; and in a. Recorder, Auditor, Treasurer, Marshal, and City Attorney, and such other officers as are herein men- tioned, as the City Council, for the better fulfillment and administration of the corporate duties and powers herein granted, may by ordinance create and establish. SE(:. 3. The Mayor, Aldermen, Recorder, Treats n- To be electea.rer, Auditor 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 and City Attorney, shall hold nEvisan (Iry ORDINANCES. 241 their offices, respectively, fib the term of one year from the date of their election, and until their- suc- cessors are elected € nd qualified. Such other officers the City Conncil 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 -told their offices for the term of one year, and until their successors are quali- fied; if appointed by the (lily Council, they shall hold their offices f'or such time as shall be fixed by ordinniu..e, not longer than one year, or at the pleasure of the council. All city officers, before entering on To fako oath. the duties of their respective offices, shall take an oath or affirmation to support the constitution of the United States, and of the State of Iowa, and faitlr- fully and impartially to perform the duties of the offices to which they may be elected or appointed, and when required by the council, shall, except the City Judge, give bonds hi such stuns and with such sureties as the council may determine and approve, for the faitjifnl performance of all the duties apper- taining to their respective offices. All elective offf- yer- .shah be citizens of the State of Iowa, and quali- fied voters in said city. Srn. 4. Tlie annual election for city f]icers shall When elected. take place on the first Monday of April in each year. Polls shall be opened in each ward under the direc- tion of judges of election, and a clerk to be appointed 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 tune and place itt wliieli the polls s11a11 be opened, which shall lie published in the official papers of the city. The Roles of elec- tion. rules prescribed by law for the regulation of township elections, shall govern as far as applicable, the elec- tion of city officers, and returns within two days shall (31) 24 REV ISM CITY S)Ii.I1 ANUES be made out in the sable 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 purpose, open the return, in the presence of the council, and the council 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 it' the proceedings of said Q uahiaeation Conneil of that meeting. Every person qualified to of rleetors• 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 Wimple shall be divided in such manner as the City council may by ordinance determine, into five or more wards, ‘v]cic.dh may be altered or changed at the pleasure of the said council: Wards. Aldermen. 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 he elect- ed from each ward, who shall hold their offices tor the term of two years, and these terms shall be so ar- ranged 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 it removal of his resi- dence from such ward shall be deemed a vacation of tueret tostnd tint- lie to - Ibis otlice. No lneinber of the city council shall he t contracts. directly or indirectly interested in the profits of any contract or job for the city, and to become so inter- ested, or being so interested «Mien 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 indirectly interested. REVISED CITY ORDINANCES. 243 SEu. F. The City Connell shall have power to PCunncrl, judge as to the qualification of its members, and to es- tablish rules and regulations for the government of its proceedings ; and to prescribe the tunes and places at which the meetings of the Council shall be held ; and to make all ordinances necessary and proper for carry- ing into effect the power's herein granted, and to en- force obedience to such ordinance by fine not exceed- ing one ]hundred dollars, cir by imprisonment not ex- ceeding thirty days, or by such fine and imprisonment. SEC. T. The City Council shall have power, and it is hereby made their duty : First —To fill all vacancies which may occur among Fill vacancies the officers of said city, by appoiiit.Ilrent, the person so apixuiuted to hold office until the next suceeediug 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 coin- Fix salaries. pensation of all officers of said city, not fixed by this act. ❑P Third —To provide all needful regulations and pre- Protect City. Cautions 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, Punish °rime, gambling, and all indecent and disorderly conduct, acid for the punishment of all lewd and lascivious behavior in the streets and other public ].daces in said city. Fifth —To prohibit the erection in any square ortarPrnhn busiibrtdfuge. eer fraction of a square in said city, of any building or of any addition to any building, 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. 244 /LEA,ISED CITY ORDINANCES. Eatabllhh Fire Sixth --To organize aiol establish tiro companies, Companies. and provide tlieln with. e11ginr- .laid Other apparatus, and to regulate and prohibit the establishment of an independent fire eompa.nv or companies, rLtter the pas- sage of this act. Abate nuiaan' Seventh —To require and compel the removal of all esb. obstructions of the public streets and alleys, and the abate/nellt of all nuisances 111 said city. drain tught tlotsil or at lglltll —TU cause all grounds or Iuts where water ow ern se 1:4Shaall at any time Isecoinc stagnant. or remain st:nidiug to be raised, filled up or drained. alt tile expense of the owner thereof, anil to effect this object the :slid Coun- cil /nay give notice to the owners thereof, o1' their agents, or in case of lion -resident. owners without known agents, notice may be given by pnblinit.ioni in one or more of the newspapers published in said e.ity, to fill lip, raise, or drain such grounds at their owii ex-• pease, and the Council shall designate holly High such grounds shall lie filled up or raised, or in what. manner they shall be drained ; and in ease the owners shall fail to till up, ur drain such grolll'tl, within the time designated in said notice, the City Connell may cause the swine to be clone at the expense of the City, a.nd alSsess the .xpeInses thereof against Said ;Old nllcli assessment shall be placed in the ]lands of the City Collector, who shall proceed to collect the saute, with costs, by sale it' such grounds in such •1naunier and under such restrictions and regulations as may be provided by ordinance : Provided, the owners of such grounds shall have the right to redeem ivitliili one year after sale, lsv paying the purchasers this amount by them paid with 10 per cent.. interest thereon. Rules to se- Ninth. --To make reoiihitivas to secure the general Cure general health of the health of the City. and to cause the removal of all city. flirt, filth or other nuisance which may at any time he 1 i aL:yisE[) CITY ORn1NANCES. ;ivt'1II11ulated upon oily" 1litt, car streets and alleys In said city. at the expense of the owners 1if the grounds on whicIh. it Iles. Tenth ---To establish hospitals, workhouses, and a city jail, and make regulations for the government thereof. Elevelith—Tu prohibit. lugs, cattle, horses, and all other animals from running at large in the streets, al- leys and public places in said city. Twelfths —To establish a day Lind night police, and punish resistance to then/ or any other city officers in the discharge of' their duties. Thirteenth —To open, alter, extend, widen, estalslisll and v•teate, and to grade, pave and otherwise improve, clean and beep in repair tire sidewalks, streets, ,illeys, wharves. docks, landings, and other public ,rounds of said city-. Fourteenth —To establish, erect and keep in repair, hl•idges, culverts and servers, saki regulate the use of the same ; to establish, alter and change the channel of lvater-Courses. and to wall them up and cover them over. 245 To establish Hoar itala, Work lloilae8 and City .fail. To prohibit animals run- ning at large. Establish Po- lice. CoatreI Streets. llritlges. ❑l'cr Fifteenth —To erect market: houses, establish Iila1'- Market House ket places, and provide for the regulation and govern- uient thereof: Sixteenth-- To provide for all needful buildings for - P a1lc bsalilt- tbe use of the city, and for enclosing, lillpl'oGillg and protecting all publics grounds belonging to the city. Sevellteellth—To regulate the use of wharves and pull- Wharves. lie landings, fix the rate of wharfage and regulate the stationary anchorage and mooring of all boats and rafts within the city. Eighteeiltli...To license, tax and regulate auctioneer's 24ti REFIRED CITY MIDI NANC]:s. To regulate li- peddlers and traveling merchants, grocers, merchants, cense of Mer- chants, Hotcis retailers, hotel keepers, and keeper of livery stables, etc. of eating houses, boarding houses, saloons find places of amusement, and bankers, dealers in money, war- rants, notes and other evidences of indebtedness, and works of all kinds. Licclise Carri- Nineteenth --To license, tax and regulate hacklley ages, Wagons, Drays etc, carriages, omnilnisse , wagons, carts, drays, and ail other vehicles, and porters, and tix the rates to be charged for the carriage of persons, and for the wagon - age, cartage, drayage or porterage of property. Ltiioensccs,sho'rhws,ea- Twentieth --To license, tax, regulate and suppress delta. etc. tli Cal and other exhibitiaiis, shows and aautuse- inents, and billiard tables, ten pin alleys, and to sup- press gainhling houses, and bawdy -houses, and houses of prostitution ; also to tax and destroy dogs, to regu- late the weights and measures to be used in said city ; Inspection et pro i' i e l ❑n A, to provide for the inspection and measuring of wood, produce, c. lumber and ails, and for the inspection and weighing of coal and hay, and to provide for and regulate the inspection of beef, pork, flour, hitter, lard and other provisions. and to regulate the vending of meat, poul- try. vegetables and other provisions. e !twenty-first—T.o establish regulatioiis respecting character and size of the foundation and other walls of buildings in said city, and to eiitoree the same liy the removal of buildings erected in violation of such regu- lations at the expense of the owner or lessee of the lots upon which they are situated. To d diapuprchase osoof Twenty -second —To -second—To purchase land or other property a:i real anpl+ sonal prodpeeer-for the use of the city and to dispose of all person- t3' al 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 thy submitting the Regulat buildings. CHARTER ii CITY OF V E. 247 question of the sale of the real estate, or any part thereof, to the voters of said city, in such manner and at sucla times as it. may deer] expedient. Twenty -third --To collect. taxes to defray the current T o c o l Loci. taxes. expenditures and pay the debts of the eit.y : Provided, That the tax for any one year shall not exceed one per cent. upon the assessed value of all property taxed. • Twenty -fourth —To provide for the assessment Ot To provide for Cif' all taxable property in said city, with reference to assessment taxation for city purposes. Appeal shall Be from the assessment of any officer appointed by the City Coun- cil to assess property, to the City Council, whose adju- dication shall be final. Twenty -fifth —To audit ,ill claaiins against the city, Audit claims. and order the payment of such as shall he allowed. Twenty -sixth —The City Con pelt shall have the regulate exclii:�ive right to ]icense and regulate ferries, and to,;es. establish the rates of ferriage between Dubuque and the opposite bank of the '.4lississippi river. Twenty -seventh —To make all such ordinances as to To make ordi- nances. them shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and im- prove the morals, order, comfort and convenience of of said eity and the inhabitants thereof. and fer- .i:c. S. The ordinances passed by the City Coun- Ord i n a n c e s when to take ril hxll take effect from and after the date of their pub_ effect. licatioli in such newspaper of the city of Dubuque as the Council shall designate, the date of which publi- cation shall be noted by the Recorder in his record of the ordinances, and such record shall be evidence of the time and fact of snch publication : Provided, xclzht to re- - vise. Tllat the City Conrail may authorize the revision and publicatio]r of the ordinances in book or pamphlet oral, in which case such revised ordinances shall take 248 CHARIER OP cITY oI nUr3l7quE. effect from and ift.er the date. of such publication, and sncli book or pamphlet shall ciuiitaiii the resolution of the City Council ilut.horizing its publication, and a certificate of the Cite Iecorder that the ordinances and resolutions therein contained are correct copies from the records in his office, and shall t.lien be received without further proof, as presnsnptive evirdence of such ordinances and resolutions : And provided further, That the City Council may provide tor the taking ef- fect of any ordinance not before a day certain therein specified. All ordinances passed by the City Council shall be signed by the Mayor and attested by the Re- corder, and shall be recorded in books kept for that. purpose. Urdera :—how SEC. 9. All orders of the city council for the pity - signed. nient of money, shill be signed by the Mayor and attested by the Recorder, and countersigned by the City Auditor. Fines paid to SEC. 10. ill] fines and forfeitures collected for treasury. violations of city ordinances shrill. be paid into the treasury, and the Mayor shall see that the since i.- done without innecessaiv delay. Mayor :—dut33° SEC. 11. The Mayor is the executive officer of the Mid power af. city, and it is his duty to be vigilant and active at all tunes, in causing the ordinances aud regulations of the city to be put in force and duly executed, and skrtll take care that • all offieers under the city govern- ment comply -with the law and ordinances and reso- lutions of the coiineil; he is ex-oflicio president of the city council, but shall have no vote therein ex- cept- a casting vote when there is a tie. The city council shall elect. a Mayor pro tempore, who, in case of the absence or inabilty of the Mayor, shall dis- charge all the duties and possess all the powers that belong to the Mayor. ■ CHARTER OF CITY OF DUBUQUE. 249 SEc. 12. The Recorder shall be secretary of the Reeomdsr- city council, and shall keep a full record of the pro- ceedings; he shall have the custodyot all the records, books and papers of the city, and of the city seal, and shall discharge such other duties as may be ,]evolved upon hiin 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 Auditor. books provided for that purpose, a Ball and fair ex- hibit of the finances of the city, its revenues, expen- ditures, indebtedness and credits. He shall counter- sign all orders on the treasury drawn for money ap- propriated by the city council, when signed by the Mayor and attested by the Recorder, and shall per- form such other duties as the council niay by ordin- ance or resolution require. SEC. 14. It shall he the duty of the City Marshal pity Marshal. to attend the meetings of the city council, to execute its orders, to arrest and bring before the proper court, with or withont warrant, all wlioln he shall find in the actual violation of any ordinance, and to perform such other duties as inay be devolved upon him by law or ordinance. The city council inay by ordinance author- ize the ]Marshal to appoint deputy marshals. SEc. 15. It shall he the duty of the City Treasurer city to take charge of and keep the funds and moneys (der' the city ; he shall keep the sane in separate funds, to be denominated the "general fund," and the "road fend,"land shall pay out money only upon orders from the city council, signed by the Mayor and attest- ed by the Recorder, and countersigned by the Auditor, which orders shall specify the fund drawn upon. He shall keep an account with each fund, and shall from time to time report his receipt and expenditures, as required by the city conned. (32) Treasur- 5'0 CIIAN'rER oF MTV of nuBuQUE. [:Ii.11t'1'EIi, OF CIT] OF I.fl13UQUE. 251 City Attorney. SEC. 16. It shall be the 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 dutiea as may be devolved upon him by law or ordinance. SEC. 17. The City of Dubuque is authorized to borrow honey upon the credit of the city, and to issue the bonds of the city: Provided, That the proposi- tion 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 proclama- tion shall state the amount of money to be borrowed, and the purpose for which the money is to be borrow- ed; and in case the proposition is adopted by a vote of two-thirds of the qualified electors of said city, the city council /nay at any tune thereafter within the space of one year, authorize the borrowing of the money, and the issuing of the bonds. I SEe. 18. The City of Dubuque is constituted a spe- cial road district, 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 board of super- visors. Nocounty or township officerhaving the care or supervision of roads, is required to expend labor upon the highways in the City of Dubuque, but the duties and responsibilities unposed by law upon such officers shall, as to the streets and highways in said city, devolve upon the city council. City -nay open SEC. 19. Tlie city council shall have power to open, widen or ea- talleyslendatreetaor widen or extend any street or alley in said city, and City may bor- row money. C 1 t y specie road district. tinder stick regulations as may by ordinance be pre- scribed, may cause a jury to be summoned who shall apportion and assess the damages and benefits which any person may sustain by reason thereof, upon the lots or lands adjoining, or in the immediate vicinity, which may be benefitted thereby; and such apportion- ment and assessment shall be 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 hound by the proceedings. The damages assessed to any persons constitute a ti'alid claim on the part of such persons against the city, and may be sued for and collected as any other claim. The date at which any property shall be considered as ap- propriated, shall be at the time of the passage of a resolution by the city council, ordering the laying out and establishment of the street, and the jury shall be summoned to assess the damages at Ieast within one month thereafter, and their apportionineut 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 Z,5,li•shal to no - lots and grounds against which any sumshall be ap_ tiYy owncra. portioned, to pay the same within thirty days. In cases where neither such owners, nor any agents shall be residents of the City of Dubuque, or are unknown, 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 co] - lector of taxes for the city a statement of the salve, 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 anygal tag°3' spe- lot or lots, or the owners thereof, on any alley, street 252 °HARTER Or CITY or I UBUQ E. 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 sidewalks, and may collect the same under such regulations as may be prescribed by ordinance. Mdy approprt- SEC. 22. The city may appropriate lands for the ate lands for public use. purpose of using the salve for jails, workhouses, mar- kets, and other public buildings, and to provide for supplying the city with water by constructing aque- ducts, reservoirs, and other conveniences, and com- pensation therefor to be ascertained as provided by law. Regulate addi- SEC. 23. No addition to the City of Dubuque shall nous to city. be lawful unless it is first submitted to the city coun- cil fir their approval, who shall have exclusive authority to provide for and regulate the width of streets and alleys in such addition, and when the sante shall be so approved of, it shall be admitted to record on the records of the city, and shall thereafter become a lawful addition thereto: Provided, That the owner or owners of the land included in said addition shall furnish for the use of the city, a correct map of the saute for public reference, and the provisions of the statutes of Iowa, shall also be complied with in all such eases, so far as the same are applicable and not inconsistent with this act. Actions brought. haw SEC. 24. Actions for the violation of city ordin- ances shall be brought in the name of the State of Iowa, for the use of the City of Dubuque. The pro- ceedings shall be by information sworn to, which shall be filed with any justice of the peace having his office within said city, whereupon said justice of the peace shall issue a warrant for the apprehension of the accus- ed, But the city council may by ordinance provide that certain designated officers may arrest any person CHARTER or CITr op Irt)13t:Qu1 . 253 actually found violating any ordinance, and commit them for trial without warrant; the trial shall be in a summary manner, and without the intervention of a jury, nnless demanded by the defendant. SEC. 25. The City of Dubuque shall be and hereby PL•o pert}' VC4t- ed Oa city of is invested as the lawful owner and proprietor, wit]i Dubuque, 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 belonging to the City of Dubuque, under any previous act of incorporation an 1 all rights, interests, claims and demands against or in fatvor of said city, may be continued, prosecuted, defended and collected in the same manner as though this act had never been passed. SEO. 26. The city council shall provide by orcfir; c h a r g o a ance for the mode in which charges may be perierred eo s i n s t oft' against any officer under the city government, and for the ]rearing of the same, and they may remove any city officer from office, as provided in the next section. SEC. 27. Any member of the city council may be M e nib er of m a expelled or removed from office by a vote of two- bocouncil oxpaylled. thirds of all the aldermen elected; but not =t second time for the same offense; and any officer under the city government, appointed by the city council, may be removed frotn office by a vote of a majority of all the aldermen elected; but it shall require a vote of two-thirds of all the aldermen elected to said council to remove any officer elected by the voters of the city, or of any ward or district. SEC. 28. The city council are authorized to levy c o u n e i r to lev in each year a special tax, to pay the interest on such tax,: special loans as are authorized by the seventeenth section of this act: 254 en:1H'1ER OF CITY OF DUBUQUE. Aold fldermoren tetinto. SE0. 2;}. The aldermen of the City of Dubuque, h and all other officers now elected, shall hold and exer- cise their offices for and during the term for which they are chosen. An Acts rind SEC. 30. All acts and parts of acts heretofore pass - parts of Acts ropealea. ed relative to the incorporation of said City of Du- buque, shall be, and the same are hereby repealed, as far as the same come within the purview of this act. AU ordinances passed under prior acts of incorpora- tion of said city, and heretofore in force, not inconsis- tent with the provisions of this act, shall continue in force until altered or repealed, and shall be deemed in compliance with the requirements of this act as fat' as applicable. SEC. 3 i. This act shall be taken and viewed in all courts as a public act. This Act to ho SEC. 32. This act shall be submitted for the ap- submitted to vote of people proval of the 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 Northwest, the Tribune, the Ex- press and Herald, the National Democrat, the Re- publican, and the Stoats Zeitnng, newspapers, at the expense of said city. The tickets which shall he polled at such elections shall contain either the words, "For the amended charter," or, "Against the amended charter." And if it majority of all the le- gal votes at such election shall be in flavor of the amended charter, then this act shall be in force from and after its publication in the Northwest and Ex- press and herald newspapers, without expense to the To take affect. State. If a majority of such electors shall vote against the amended charter, then this act shall not be in force until after the next session of the General Assembly of the State of Iowa. Approved January 28, 1857. Public act. i (ilIAI I1Llt OF CITY OF D[r13UQUE. I hereby certify that the foregoing was published in the Northwest, February 24, 1857. ELIJAII SELLS, Secretary of State. 255 AN ACT OF CONGRESS O1 THE UNITED STATES LAYING OFF THE TOWN OF DUBUOUE. AN ACT for laying off the towns of Fort Madison and Burlington, in the county of Des Moines, and the towns of Bellevue, Dubuque and Peru, in the county of Dubuque, territory of Wisconsin, and for other purposes. SECTION 1. Be it enacted by the Senate and house of Representa- tives of theUnited States of America in congress assembled; That thetracts of land in the territory of Wisconsin, including the towns of Fort Madison and Burlington, in the county of Des Moines ; Bellevue, Dubuque and Peru, hi the county of Dubuque ; and Mineral Point in the county of Iowa, shall, ender the direction of the Surveyor General of the public lands, be laid off into town lots, streets, avenues, and the lots for public use called the public squares, and into out -lots, having regard to the lots and streets already surveyed, in such manner and of such dimensions as he may think proper for the public good and the equitable rights of the settlers and occupants of said towns : Provided, The tracts of ]and so to be laid off into town lots, Arc., shall not exceed the quantity of one entire section, nor the town lots one- half of an acre ; nor shall the out -lots exceed the quantity of four acres each. When the survey of the lots shall be completed a plat thereof shall be returned to the Secretary of the Treasury, and within six months thereafter the Lots shall be offered to the highest bidder, at public sale, under the direction of the Presi- dent of the United States, and at such other times as he shall think proper ; Provided, That no town lot shall be sold for a SUM less than five dollars. And provided further: That a Yuan. ,1i77' f 11' CONGRESS, 257 tity of land of proper width, on the river banks, at the towns of Fort Madison. Bellevue, Burlingt.un, Dubuque and Peru, and running with the said rivers the whole length of said towns shall he reserved from sale, (as shall also the public squares) for public use, and remain for ever for public use, as public highways and fbr other pnb]ic uses. SEC. 2. Auld he it further enacted, That it shall be the duty of t.lie said surveyor to class the lots already surveyed in the said towns of Fort Madison, Burlington, Bellevue, Dubuque. Peru and Mineral Point, into three classes, according to the relative valve thereof, on account of situation and eligibility for business, with - tout regard however to the improvements inane thereon ; and pre, vions to the sale of said lots as aforesaid, each and every person or persons or his, her, or their legal representatives, who shall heretofore have obtained t'roan the agent of the United States a permit to occupy airy 1ot or lots in the said towns, or who shaI] have, by building or enclosure, actually occupied or improved any lot or lots in the said towns, or within the tracts of land here- by authorized to be Iaid off into towns lots, shall be permitted to pau'r.liase such Iot or lots by paying therefor, in cash, if the same tall ‘vitlain the first class as aforesaid, at the rate of forty dollars per acre ; if within the second class, at the rate of twenty dol- lars per acre ; and it' within the third class at the rate of ten dollars per acre : Provided, That no one of the persons afore— said shall be permitted to purchase, by authority of this section, More than one acre of ground to embrace improvemnents already made. SEC. 3. And be it farther enacted, That the sum of three thousand dollars be, and the same is hereby appropriated, to be paid out of any rncxiey in the treasury not otherwise appropri- ated, to defray the expenses of surveying the lands covering the said towns of Furt Madison, Burlington, Bellevue, Dubuque, Peru and Mineral Point. Approved. July 2, 1836. (S1 • 25S M•'I:S OF CONGRESS. AN ACT to amend an act entitled .`An act for laying off the towns of Fort Madison and Burlington, in the county of 1)es Moines, and the towns of I3ellevue, Dubuque and Peru, in the comity of Dubuque, and Mineral Point, in the county of Iowa, territory of Wisconsin, and for other purposes," approved July 2nd, 1836. Be it enacted by the Senate and House of Representatives of the United States of .America in congress assembled, Thait all acts and duties required to be done and performed by the sur- veyor for the territory of Wisconsin, under the act to which this is an amendment, shall be done by a board of commissioners of three in number, any two of whom shall be a quorum to do busi- ness ; said Commissioners to be appointed by the President of the United States, and shall, previous to their entering upon the discharge of their duties, take an oath or affirmation to perform the same taithtully and : Provided, That the ac- tion of the Commissioners appointed under the present act shall not interfere with any of the nets perforated by the Surveyor General, prior to the time of the passage he.reef, in pursuance of instructions under the act to which this amendatory. Si;o. 2. And be it further enacted, That the said euniinis- sioners shall have power to hear evidence and determine all eloilns to lots arising under the act to which this is an amend- ment ; and for this pmposse, the said commissioners are author- ized to administer all oaths that may be necessary. and reduce to writing all the evidence in support of claims to pre-emption pre- sented for their consideration ; said when all the testimony shall have been heard and considered, the said commissioners shall tile frith the'proper register and receiver for the district within which the towns are situated respectively, the testimony in each ease, together with a certificate in favor of each person ]saying the right of pre -eruption under the provisions of the set of which this is amendatory ; a.ncl upon making payment to the proper receiver of public moneys for the hit or lots to which such person is entitled, the receiver shall grant a receipt therefor, and the register issue certificates of purchase, to be transmitted to the commissioner of the general land r,fliee, as in other eases of the sale of public lands. AU'rs of Col r+Rrss. 251) So.. 3. And be it fatrther enacted, That the proper register and receiver of public moneys, after the board of commissioners have heard and determined all the cases of pre-emption ender the act to which this is an amendment, shall expose the residue +f the Lots to public sale to the highest bidder, after advertising the saatne in three public newspapers at least tl i I•ce. months prior t tlic day of sale, in the same manner as is prgivided for the sale t' public lands in other cases ; and after paying the commission- ers the compensation hereafter allowed them, and all other ex- penses incident to the said surrey and sale, the receiver of the land office shall pay over the residue of the money he may have received from the sale of lots aforesaid, by pre-emption as well as at public auction, into the hands of the trustees of the respec- tive towns aforesaid, to be expended by them in the erection of public buildings, the constriction of suitable wharves, and the improvement of the streets in the said towns of Fort Madison, 13urlihigt.ln, Bellevue, Dubuque, Pern and Mineral Point. SEo. 4. And be it further enacted, That the commisioners appointed to carry this act into effect, shall be paid by the re- ceiver of public moneys, of the proper land district, six dollars each per day„ for their services, for every day they are necessarily employed. Approved March 3, 1837 AN ACT to authorize the constituted authorities of the City of Du- buque, in the State of Iowa, to enter certain islands between the land- ings of said city and the main channel of the Mississippi River. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the constituted authorities of the City of Dubuque, in the State of Iowa, be and they are hereby authorized, to enter the islands in the Missisippi river opposite the said city, which are fractions, within sections nineteen and thirty, in township eighty-nine north, in range three east; and in section twenty-five, township 260 ACTS OF ac1 zzMs. eighty-nine north, range two east, at the minimum price of the public lands. Provided, Said entries shall be made witlhiir six months front the passage of this act. Approved Mardi 3, 1847, AN ACT for the relief of thetown of Bellevue and the cities of Bur- lington and Dubuque, in the State of Iowa. Be it enacted by the Senate and House of Representative of the United States of America., in congress assembled, That there shall be and hereby is granted to the town of Bellevue, in Iowat, the land bordering onthe Mississippi river, Ili front of aid town, reserved by the act of second of July, eighteen hundred €uid thirty-six, for a public highway and for otllLr public uses; to- gether with the accretions which may have formed thereto, or in front thereof; to be disposed of in such manner as the corporate: authorities of said town may direct. The grant wade by this aet shall operate as a relinquishment only of the right of the United States in and to said premises, and small in no manner affect the rights of third persons therein, or to the use thereof, but shall be subject to the same; and on application by a duly authorized agent of the corporate authorities of said town to the commissioner of the General Laud Ofhee, a paten of relimiui-ii- ment, in accordance with the provisions of this act, slut11 be is- sued therefor as in other eases. SLc. 2. And be it further enacted, Tlntt there shall be and hereby is granted to the cities of Burlington and Dubuque, in Iowa, the land bordering on the Mississippi river, in t'roilt of said cities, reserved by the act of second July, eighteen hundred and thirty-six, fora public highway, and for other public uses, together with the accretions which may have formed thereto, or in front thereof; to be disposed ot in such manner as the cor- porate authorities of said cities inay direct. ACT! OF GONGRESS. 201 Sjo'. 3. And be it further enacted, That the grunt made by this act shall operate as a relinquishment only of the right of the United States in and to said premises, and shall in no manner affect the rights of third persons therein. or to the use thereof, but shall be subject to the same; and on application by a duly authorized agent of the corporate authorities ot said Cities to the commissioner of the General Land [.)Mice, a patent of relin- quishment, in accordance with the provisions of this act, shall be issued therefor as in other cases. SEc. 4. And be it further enacted, That the lot or parcel of land in the City of Ditbuclue, heretofore set apart .i.lid used by the authorities of said city. as a cemetery or burying ground, under the act of congress, of the second July, eighteen hundred and thirty-six, entitled "An act for having off the towns of ]+'ort Madison and Burlington, in the county of 1]esMoines, .and the towns of Bellevue. Dubuque and Peru, in the eonnty of Du- buque, territory of Wisonsin, and for other purposes"; and the set of the third of March, eighteen hundred and thirty-seven, amendatory thereof, be, and the same hereby is granted to the common council of the said City of Dubuque. to snake such dis- position of the said land, included in said cemetery or burying ground, as that c.olntrton council may deem proper. Approved February 14, 1853. AN ACT to constitute Palatka and Bayport, in the State of Florida, ports of delivery, respectively, and Keokuk and Dubuque, in the State of .Iowa. Be it enacted by the Senate and House of Representatives of the United States of America, in congress assembled, That Pal- atka :uud Bayport, in the State of Florida, shall be, and are here- by created ports of delivery respectively, and shall be subject to the ;aloe regulations and restrictions as other ports of delivery in the United States; and there shall be appointed a sur\-e,yor of the customs, to reside ,Lt each of said ports, who stall, in addi- t.i{}n to his own duties, .also pel'fol'nl the duties €and receive the salary and emoluments of surveyors, prescribed by the act of congress, passed on the 2d day of March, one thousand eight hundred and thirty one, providing for the payment of duties on imported goods, at certain ports therein mentioned, the sable be- ing entitled, "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places." and said P€ll..t.ka be made a part and € nnexed to the col- lection district of St. Johns, in Said State; and said Bayport he made a part and annexed to the collection district of St. Marks, in said State of Florida; and all the privileges rl.ud facilities af, forded to Pittsburgh, Wheeling, Cnleinuati,Louisrille, St. Louis, Nashville and Natchez, by the the act of congress aforesaid, be, and the salve are hereby extended to said ports of Palatka and Bayport. SEC, 2. And be it further enacted, That Keokul, and Do- buclue, in the State of Iowa, he, and hereby are constituted ports of delivery within the collection district of New Orleans, and there shall be appointed a surveyor of the customs for each of said ports, who shall be residents thereat; said surveyors shall perform the duties and receive the salary and emoluments pre- scribed by the art of congress, approved on the i;eeund day of March, eighteen hundred and thirty-one, entitled "An act allow- ing the duties ou foreign merchandise imported to Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, •Nasliville and Natchez, to be secured and paid at those places." Approved August 3, 1854. AN ACT OF THE LEGISLATURE OF TIII' TERRITORY OF WISCONSIN, -ENDER wit TIIE Tc W N i t i= i l I "BUQUE WAS INCORPORATED 11 1 AN ACT to incorporate the inhabitants of such towns as may wish to be incorporated. Sic-rro'I 1. Be it enacted by the council and House of Jiepl•e- m sentati�•el of the territory of Wisconsin, That ‘vhenever the white male inhabitants over the age of twenty-one years, being residents of any town or village of ,any number of dwellings situated contiguous and convenient for such purposes in this ter- ritory containing not less than "three hundred persons shall wish to become incorporated for the better regulation of their in- ternal police, it shall he lawful for the said residents who niay have resided six months therein, to assemble themselves together in public meeting at the court house. or other place in said town, and when so assembled, they may proceed to choose a president and clerk of the meeting from among„ themselves, both of whom shell be Mvorn or affirmed by any person authorized to adminis- ter oaths, faithfully to discharge the trust reposed in them its president and clerk of said meeting. Provided, however: That at least ten day public notice of the time and place of holding said meeting shall have been given in some public newspaper, or by setting lip public advertisements at the most public place in such towii. 'l'EIZIIITtiltlAr. LAWS. Si.c. 2. The residents of inlytown aforesaid, having assembled as directed in the first section of this act, may proceed to decide by vote, viva vote, u'ilet.lier they will be incorporated or not, and the president and clerk, after their votes are given in, shrill certify under their hands, the nuinber of votes in favor of being incorporated, and the number against being incorporated, and it it shall appear that two-thirds of the votes taken are hi favor of being incorporated, the president and clerk shall deliver a certi- ficate of the statement of the poll to the board of trustees, to be elected as hereafter provided. SEC. 3. 1NYhe,lev=er the qualified voters under this act of any town shall have decided in the manner Herein provided, that they wish to be incorporated, it shall be the duty of the clerk of the sleeting at which they may so decide, to give at least five days public notice to the said voters, to assemble at the place of holding county elections in such town, on a. clay to be maned in such notice, to elect by ballot FIVE (5) residents of such town for trustees of the same, who shall hold their office for one year, and until other trustees are chosen and qualified, `tit which. first election the president and clerk of the first Meet- ing shall preside, or hicase of the absence of either of their, some suitable person shall be appointed by the electors present, to fill such. vacancies, and at every sneceeiling elections tier presi- dent and trustees, they shall direct the manner in which the same shall (be) conducted. SEC. 4. The board of trustees of any town, elected agreeably to the provisions of this act, shall choose a president out of their own body, Bind the president and trustees _aforesaid, and their sucessors in office shall thenceforth be considered a body corpor- ate and politic by the naive and style of the president and tubs • tees of the town of----, and by such n€line and style be for- ever able and capable in law and equity to sue and be sued, t plead and be iinpleaded, to answer and be answered, and to de- fend in all matters of snits, pleas, causes. and demands ot what- soever kind or nature they may be, in as full a manner as any person or persons, bodies politic or corporate, can or may do,and 2115 may have a common seal, and may alter the same at pleasure. The said president and trustees shall require their clerk to keep Dist journal and record of all their proceedings, and record all 1 iv -laws and 'ordinances which they snake, in a book to be pro- vided for that purpose. The board of trustees, when duly organi- zer] shall also (appoint) a town' treasurer, who shall hold his office for the terns of one year, or until another shall be duly chosen and qualified. The treasurer shall be required to give bond with good sureties fir the safe keeping of the moneys in- trusted to him, and for the paying over the same upon the re- quisition of the board of trustees. SEC. 5. The president and trustees, or a niajority of there, ot any town incorporated as Heretofore directed, shall have power to ]hake, ordain and esbud isle and execute Such ordinances in writing not inconsistent with the constitution and laws of the Tnited States, and of this territory, as they shrill deem necessary, to prevent and remove nuisances, to restrain and prohibit gam- bling or other disorderly conduct, and to prevent the running of and indecent exhibitions of horses, within the bounds of such town, to provide felt the licensing of public shows, to regulate and establish markets, to open ditches, and to provide for draw- ing off water, to sink and keep in repair public wells, to keep open and in repair the streets and alleys of such town, by mak- ing pavements or sidewalks, or other improvements over the Fame, as to there may seem needful; Provided, always: That the lot in front of which any sidewalk is made, shall be taxed to pay at least one-half of the expenses of snaking such sidewalk. The said president and trustees shill also have the power to pro- vide such means as they niay deem necessary to protect such towns from injuries by fire, and for the purpose of carrying the aforesaid powers into effect, the said president and trustees shall have the power to define the boundaries of such town: Pro- vided, That the same shall not exceed two miles square, and to levy and collect annually a tax on the real estate in such town, not exceeding fifty cents on every hundred dollars of assessment valuation thereof; and also on all personal property in such town [S1 66 Thata •rouiAI. LAWS. not exceeding twenty-five cents on every hundred dollars of as- sessment valuation thereof. SPA.. 6. It shall be the duty of said president and trustees to cause all the streets and alleys of such towns and public roads Massing from and through Such town for one mile from the cen- tre thereof, to be kept in good repair, and to this end they are authorized to require every male resident of such town over the age of twenty-one and under sixty years, to labor on said streets, alleys and roads, at least two days in each and every year ; or to pay instead thereof, one dollar per day, and if such labor be insuf- ficient to appropriate so much of the tax levied on real estate, and of the taxation on personal property as may be necessary to keep said streets, alleys and roads hi repair, and also to appoint and prescribe the duty of all such officers of such town as they may deem necessary to carry into effect the foregoing powers. The collector of the corporation tax and the Treasurer shall severally give bond, made payable to the president, •trustees, and their suc- cessors in office, with good and sufficient securities, in such sums as may l:iy said president and trustees be deemed advisable ; and a clause shall be inserted, that if at any time additional security shall be required, the same shall be given, the condition of which bond shall be, that the officers shall faithfully perfbrm the duties of their office, and said officers shall remain [in] office one year, (unless sooner removed), and until others have given bond as herein named. SEC. 7. The said president and trustees elected under this act shall continue hi office for one year, and until their successors in office shall be elected and qualified, and it shall be their duty before their t.irne expires, to give at least ten days' public notice to the qualified voters under this act to meet at such place as they may name in such town, and elect a new board of president and trustees for said town, and all vacancies which rmay happen in said board by resignation or otherwise. before their time of office expires, shall be filled by the other members of the board the 1pro- ceedings of said meeting shall always be public and all their ordi- nances before taking effect shall be published, for at least ten days, 'r'EnIEIToRrAL LAWS. 207 in a newspaper of such town, or by setting up copies of the same in three of the most public places in such town. A majority of said board slrall constitute a. quorum. SEC. S. Ali moneys arising from the collection of taxes, fines, penalties and forfeitures, shall be appropriated by said president and trustees towards the erecting and improving and regulating those objects which by this act are placed under their control and jurisdiction, and to none others, and it shall be their duty to have an account current of the fiscal concerns of the corporation so kept will at all times show the tree situation of the same, to such :i; may desire to inspect the same, and the president and trustees shall have full power to enforce their ordinances, liy au— thorizing the person or persons by them appointed to collect any tax imposed in pursuance of this act to collect the same by dis- tress, and sale of goods and chattels of the person chargeable with the sazne, on giving at least fifteen day's public notice of the time and place of such sale, and if no goods and chattels of the person chargeable with said tax can be found, it shall be lawful to sell any town lot owned by bitch person, or so much thereof as will pay the tax rice and in arrear• from. any such person, upon giving, at least thirty days' notice of the time and place of hold- ing such sale, paying to the owner or owners the uverplus, if any. The president and trustees may impose tines for the breach of their ordinances, but no fine shall be inflicted, on any one person for any oire breach. of any one ordinance of more than ten dollars, and not less than twenty-five cents, which fine, together with the costs of suit, may be recovered by any justice of the peace by action of debt, in the name of the president and trustees of such town, and collected by execution as other judgments of justices of the peace. All fines collected in pursuance of this act shall, by the officer collecting the same, be paid over to the treasurer of the corporation, and for an omission so to do, such officer may be proceeded against by the president and trustees in an action of debt for the same. Sxc. 9. Two—thirds of the qualified voters of any town in- corporated according to the provisions of this act, shall have 268 TERI:WO:M Ir. LAWS. LAWS OF IOWA. 269 power to dissolve the same at any aunnal election for president and trustees, by voting against• the incorporation as is directed in the second section of this act ; Provided, That notice shall be required to be given for at least thirty days in a newspaper of such town, or by setting up written or printed notices for that length of time in three of the most public places in suc]i town, of an intention to vote in favor of the dissolution of such cor- poration. SEC. 10. Whenever the president and trustees of any town shall be elected as Herein directed, it shall be the duty of the president and clerk of the first meeting, provided for in the first section of this act, to deliver to them a certified statement i❑ writing of the polls at said first election, and it shall be the duty of such president and trustees to deposit the same with the clerk of the District Court of the proper county to be entered on record in his office, and before entering upon their duty, to take an oath to discharge their duty according to their best abilities. SEC. 11. Whenever any town shall be incorporated by this act, all other laws incorporating the same, or made to regulate in any way the internal police of such town shall be considered repealed, and whenever any town corporation shall be dissolved according to this act, all persons having any funds belonging to such corporation in their hands, shall pay the saine into the county treasury, and all bonds and security taken for the same by said corporation, shall vest in the Treasurer also, who shall have a right to sue for the same before any jnstice of the peace in said county, and that all monies reeeived or collected by said treasurer aforesaid, shall be considered as county funds and may be appropriated as such. SEC. 12. This act shall take effect from and after its 1i:1-- sa<ge. Signed. P. I1. ENGLE, Speaker of the House of Representatives. HENRY S. 13AIRD, President of the Council. FI. DODGE, Governor. Approved, Dec. 6tli, 1836. Transcribed verbatim, April, 1837- CHAS. CORKERY, Clerk to the P. & B. of T. of town of Dubuque. LAWS OF IOWA. RELATING TO CITIES ACTING UNDER SPECIAL CHARTER. AN ACT to grant to the city of Dubuque title to certain lands. IIEREAS, The city of Dubuque has purchased of the -United States a large tract of land, consisting of low lands and islands, lying between the main channel of t•he Mississippi river and t]ie main west batik thereof, and has received o! the United States patents therefor, and has expended and caused to be expended large sums of money in running streets across, filling and improv- ing said low lands and islands, and the sloughs and bonds of water which intersect t]ie sanie, and WHEREAS, .s&s, Doubts have arisen whether the title of said lands is now in the State of Iowa, therefore : ■ SnoTioN 1. Be it enacted by the Genera! Assembly of the State of Iowa!, That there be, and there is hereby granted and re- leased to the city of Dubuque, all the title and interest vested in the State of Iowa, in and to the lands and islands, and in the beds of the sloughs and ponds of water, within so iniich of sections number nineteen and thirty, in township number eighty—iiin, north of range number three, east of the fifth principal meridian, and also within so much of sections nninber twenty-four and twenty-five, in township number eighty-nine, north of range two, east of the fifth principal meridian, as lies east of a line com- mencing at a point where the north line of said section number nineteen intersects with the west shore of Lake Peosta ; thence 270 t} LAWS OF IOWA. southerly along the west shore of Lake Peosta, and of the slough to the north-east corner of lot number five hundred and two, at the foot of twelfth street, in the city of Dubuque ; thence on the easterly line of said lot and lots number five hundred and three, five hundred and seven, five hundred and eight, and five hundred and ten, to the north-east corner of lot number four hun- dred and four ; thence on the west line of the levee, as laid out on the plat of the town of Dubuque, made by survey by tlie gov- erninont of the United States, to where the same intersects with the south line of t]ie said town of Dubuque, on section number twenty—five aforesaid ; thence on the west shore of the slough to the south line of the said section number twenty-five ; Provided nothing in this act shall effect the rights of private individuals holding title either from the general government or school fund. SEG. 2. This act shall in no wise limit or impair the juris- diction of the State of Iowa upon the lands and territory Hereby granted and released. SEC. 3. This act to take effect from and after its publicaton in the Daily Dubuque Times and Daily Iowa State Journal, without expense to the State. Approved March 3d, 1860. I hereby certify that the foregoing act was published in the Iowa State Journal, April 14, 1860. ELIJAH SELLS, Secretary of State. AN ACT to enable incorporated towns and cities to acquire, hold, im- prove and dispose of lands for public squares, parks, commons and cemeteries. Si orIoN 1. Be it enacted by the general assembly of the State of Iowa, That any incorporated town or city may pur- chase ]ands within or without its corporate limits for the public LAWS ON lnWA. 271 use, as squares, parks commons or cemeteries, and niay enclose, ornament anljniprove the same. SEC, 2. Incorporated towns and cities within or withou t whose limits, lands have been or may be dedicated to the public for the uses mentioned in the preceeding section of this act, shall have entire control of the same; and shall have power in case such lands €ire deemed unsuitable or insufficient, for the purpose for which t]iey,were originally, or may hereafter be granted, to dis- pose"of and convey the same, and conveyances executed in ac- cordance with this act, shall be held to extinguish all rights and claims of any such town or city to such land existing prior to such conveyance. SEC. 3. In the event of such lands aforementioned being so disposed of and conveyed, enough of such land shall be reserved for streets to accommodate adjoining property owners. SEE. 4. This act being deemed by the General Assembly of immediate importance, shall take effect and be in force from and after its publication in the Daily State Register and Iowa Homestead, newspapers published at Des Moines, Iowa. Approved, April 5th, 1861. I hereby certify that the foregoing act was published in the Daily State Register, April 22d, A. D. 1864, and in the Iowa Homestead April 27th, A. D. 1864. JAMES WRIGHT, Secretary of State. AN ACT to enable municipal and public corporations at their election to settle, adjust and compound their indebtedness, and to provide for the issue of new bonds, and for the payment of such new bonds by the levy of specific taxes, and for this purpose altering and amending existing charters and laws. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That municipal and public corporations, includ- ing cities, towns and counties, are hereby authorized to settle, 272 LAws i 1H' lowA. adjust, and compound debts owing by or claimed against them, evidenced by the bonds or other promissory instruments of such corporations; upon such settlement and composition, are hereby au- thorized to issue new bond s, i n the place of the old or former bonds, and such new bonds shall be legal and valid to all intents and purposes, and no corporation isstirlg such new bonds shall be allowed to plead in defense thereto any platter which. might have been pleaded in defense of the old or former bonds: Pro- vided, That no compromise shall be made without first submit- ting the question whether sneh compromise shall be made to the people, and shall be by them authorized by a majority of the votes. This act is intended to apply only to cases where cities, towns, and counties have huretoforeissued bonds or securities for money on account of any subscription to the capital stock of any rail- road company, or on account of or in aid of any public improve- ment, and the same remain outstanding, and any alleged debt arising therefrom remains unpaid. But this act is limited to the settlement of bonds and securities heretofore issued and out- standing at the time of the passage and approval hereof; that is to say, the power herein given to settle, adjust and compound debts is given, with respect to debts already existing, and to en- able the debtor corporations to settle the same in accordance with the provisions of this act. And nothing herein contained shall be construed to give the holders of existing bonds or se- curities the right to compel the debtor corporation to issue such new bonds, or to settle, in the absence of an agreement on its part to do so. And nothing herein contained shall be construed to legalize or render valid, or binding, or in any manner to effect (affect) existing bonds or evidences of indebtedness of any char- acter contemplated in this act. This ant applies to counties, and to cities and towns, whether acting under special charters or ruder the general incorporation law. New bonds issued, by virtue hereof, shall in no case lie for a greater sum than the principal and accrued or earned interest LA IV:, ul tuk'A. 273 unpaid on the bond or debts, in place of which they shall be given, nor bear a greater rate of interest than seven per cent, per anntit u, which interest may be payable at New York, N. Y., or at the treasury of the corporation; and such new bonds shall show on their face that they are issued under this act, and if so agreed, may provide for the annual payment of five per cent. on the principal thereof, in addition to the annual interest, until said new bonds are fully paid. Said new bonds shall be made payable at the treasury of the corporation; shall be cancelled when paid, and destroyed in the presence of the council or super- visors, who shall cause to be kept a register of all new bonds is- sued, anil all coupons or bonds which are canceled and destroy- ed. Such new bonds may be in such form, fur such amount not exceeding principal and interest then due on the old bonds or securities, and upon such time, not exceeding twenty-five years, as may be agreed upon with the holder or owner. Such new bonds shall only be signed in open session; a register shall be kept thereof, the bonds at once delivered to the treasury (treasurer) of'the city, town, or county, who shall be liable on his official bond for the safe keeping thereof, and for the proceeds thereof, until he parts therewith order the direction of the coun- cil or board of supervisors. Suo. 2. The council or trustees of incorporated towns or cities, or the board of supervisors of counties, are hereby invest- ed with full power to bind their respective corporations by set- tlements made pursuant to and in virtue of this act. But they are directed and required, before any such settlement shall be entered upon, to ascertain the whole amount due by such debtor corporation, and they are invested with power to ascertain this in such way and manner as they natty deem beat. Ant the hollers of existing bonds, shall, if required by public proclama- tion of the board of supervisors, or proper city or town council, as herein required, present their bonds to the proper clerk of the county, or city or town, and allow such clerk to make a reg- ister of such bonds, showing their date, number, amount, ma- turity, and rate or interest; and no old bond or evidence of debt, 274 LAWS OF I(]{1A. slia]1 in any case be allowed, audited, paid, or settled, until the same shall be actually produced and surrendered, or established by the judgment of a competent court. If it elects to set here- under, the city, town, or county, by its proper governing body, shall appoint not less than three nor more than five of its citi- zens, a board of commissioners to execute the powers and duties required by this act, of which board of commissioners the mayor of the city, or town, or the chairman of the board of supervisors, shall be ex officio a member; but no act of the board of com- missioners in auditing or allowing bonds or debt:, or in settle- ment thereof, shall bind the corporation until such act is reported t ) the proper governing body of the corporation and approved by it. And said board of commissioners shall keep a record of their acts and doings, which shall at all times be open to public inspection. And the city, town, or county incorporation, shall likewisekeep a record of all its ants and doing in the premises, which shall also be open to public inspection. Sr.c. 3. If new bonds or obligations are issued pursuant to the power given by this act, the said corporations named in the first section hereof, are hereby authorized, at the time they snake their annual levy of general taxes for general revenue, to appro- priate and set apart for the ensuing year, or for a given number of year, a specific portion or per centago of the general tax so levied, to pay or apply on the new bonds herein authorized, and on such portion of the principal, if any, as has been agreed to be paid each year. When thus appropriated, (which may be by ordinance, contract, or resolution,) the amount thus appropriated shall be specifically applied to the purpose above named, .end shall not be diverted to or used for any other purpose, and shall not be liable to be attached, garnished, siezed, or taken on exe- cution, by any creditor of the corporation, and such appropria- tion shall be to all intents and purposes a mortgage or pledge of' the portion or per tentage thus appropriated, in favor of the parties holding such new bonds. The current expenses of the corporation must be paid oat of the yearly or annual general revenue not thus specifically pledged. If the general revenue LAWS OF IowA. 175 thus set apart and pledged, is not sufficient to pay the interest and principal, if any, of the bonds issued by virtue hereof, the governing body shall levy a specific tax, as provided herein, suffi- cient to supply the deficiency not provided for by the portion of the general revenue thus set apart and pledged. And it :Ball not be in the power of any creditor, by any process, suit, judgment, or otherwise, to obtain a lien, right, or priority upon or to such general fund, so as to prevent the corporation from thus appro- priating, or setting apart. or pledging such portion of its gener- al revenue as is not necessary for the payment of its current expenses, It' fur any reason the revenue raised in any one year shall not be fully sufficient to pay the interest or any part of the principal of the new bonds falling due any given year, a specific levy to pay such deficit shall be included in a levy for the next year. If there is a surplus of the specific levy for any year, such surplus shall be exclusively applied on the bonds herein author- ized to be issued. Siw. 4. It' new bonds or obligations are issuel pursuant to the power given by this act, the corporations named in the first section thereof, are hereby authorized, and it is hereby made the duty of the governing body of said corporations to provide an- nually in the manner herein prescribed for the payment of the interest of such new bonds, and such portion of the principal, if any, as has been agreed to be paid each year. When any por- tion of the general tax is appropriated and set apart, as provided for in section three of this act, or when any specific additional tax is levied under the provisions of this act, the same shall be from that time forward a specific tax for the purpose of applying an Or paying said new bonds or the interest thereon, and for no other purpose, and neither said taxes northernoney raised there- by, shall ever be diverted or used for any other object or pur- pose, until the whole of the compromise bonds issued under the provisions of this act are paid in full, both principal and interest. Nor shall the money so raised, or the proceeds of new bonds ac- quired to settle and pay the old bonds or debts, be subject to attachment, garnish/Lout, levy, or appropriation by the holders 276 LAWS OF IOWA. of debts or judgments against the corporation unless such judg- ments are obtained on tire new bonds issued by virtue of this act. Money thus raised shall be kept as a distinct fund to be sacredly and exclusively applied to the sole purpose of paying the debts or the corporation as provided irr this act. If the corporation ag,rees to pay, in addition to the annual in- terest, some specific portion of the principal each year, such new bonds shall be in such. form as to enable this to be done, and the amount paid from year to year to be detached from the bonds and cancelled. Said specific taxhereby authorized shall be levied at the same time that other taxes are levied, and shall be colleetted in the same manner, but nothing but money shall be receivable in payment of such. tax. And this act shall be construed as an amendment to the charter of cities, and to the general incorpora- tion act, being chapter fifty-one of the revision, and also as en- larging the powers now given bylaw to the counties of the State. But no ereditor of any public or municipal corporation who re- fuses to settle or compound his debt, and refuses to receive and does not receive new bonds or obligations, shall be entitled to the benefit of this act, or to the specific tax levy herein author- ized. And it the court is satisfied that there is any evasion or delay in the performance of this duty on the part of the corporation, it is hereby invested with the power. and it is hereby tirade the duty of the court itself to enter and order levying such tax, ttnd to charge its own officers with the duty of collecting it, and for this purpose they shall have.: all the powers, ;and be substituted in the place of the corporate officers. And if judgments are obtained upon such new bonds, or for the interest thereon, and are not paid, the corporate property of all kinds, without any exemption, shall be subject to seizure and sale on execution, issued upon such judgmerit; the general revenue of the corpora- tion shall be liable to pay such judgments, and officers subject to garnishment. But it shall not be held to authorize the levy of any specific or other tax than such as may be levied by virtue Hereof and for the purposes of paying the new bonds herein ■ LAWS OF [OIFA. `r%i i authorized. And this act shall not be construed to enlarge the taxing power of cities, towns, or counties, as respects old bonds or debts, nor to validate such bonds or debts in case they are not. :ulj nsted under the provisions of this act. Its benefits are designed for acid limited to these (those) who voluntarily make art adjustment under its provisions. SEC. 5. This act shall be deemed to b.e a contract in favor of any creditor who accepts of its provisions, and as to such creditor or holder of the new bonds herein authorized shall be irrepeal- able. SEC. 6. The benefits and provisions of this act only apply to creditors who shall receive new bonds in settlement of prior debts or bonds, nor does this act apply to corporations not in- debted, or which do not issue new bonds in settlement of former ones. SEC. 7. The provisions of this act shall be deemed incorpora- ted in the new bonds issued by virtue hereof. Any of the bonds hereby authorized may at the pleasure of the corporation be paid prior to the time therein fixed for payment, in which ease the holder can only demand the principal and interest up to the time of payment. Six. S. Power is hereby given to the board of commissioners, provided for in this act, to advertise from time to time in such papers as they may think best, and invite the existinxr board hold- ers of the corporation to state to the commissioners: 1st. The terms on which they will exchange the old bonds or debts for new bonds to be issued under this act. 2d. The terms on which they will surrender to the city, town, or county, (as the case may be,) old bonds or debts for new bonds to be issued un- der this act. ad. The terms on which they will surrender to the city, town, or county (as the case maybe,) old bonds for cash. The result shall be reported front time to time to the _proper gov- erning body of the corporation. for such action as it may see pro. per to take in the premises under the provisions of this act. If it is ascertained that the ofhi's to surrender for ready money are 118 I.A.ws OE IOW/. the most advantageous, the new bonds herein authorized may be sold for cash, but in no case less than par, and to no greater ex- tent than is necessary to accept offers from time to time actually received. Money thus obtained shall be paid to and kept by the proper city, town, or connty treasurer, and paid out only upon the direction of the council or board of supervisors; for the safe keeping of which the said treasurers shall be liable on their offi- cial bonds, the amount of which may be increased from. time to time if necessary, to secure the corporation from loss. Money thus obtained shall be exempt from attaclunent, garnishment, or levy; and if garnished, the corporation, its officers and commis- sioners, shall not be held liable thereon . SEC. 9. City and town corporations are invested with power to pass resolutions and ordinances, and counties to pass resolu- tions and orders, necessary to carry into execution the powers herein given. Sm. 10. No compromise shall be made under the provisions of this act until tite proper council or board of supervisors shall submit the question whether the powers given by this act shall be exercised by such town, city, or county, and it shall be the duty of' the town, (city,) or county authorities to subinit the question to the voters of said town, city or county (as the ease may be,') at some general or special election. The form of the question submitted may be substantially as follows: "Shall the city of (or county of , or town of , as the case may be,) settle its debts under and by virtue of the provisions of this act (giving its title and date of passage)?" The answer on the ballot containing the question shall be "yes" or"no." If the majority of the votes east are "yes," then the proper city or town council, or board of supervisors, may exercise the powers given by this act in the manner herein prescribed; but no creditor can in any event com- pel them to exercise the powers. If the majority of the votes east are "no," then the powers given by this act shall not be ex- ercised by such town, city, or county. The question may be re- submitted to the voters after being voted "no." but such re-sub- i 11 0 a LAWS 0r IOWA. -270 mission must not be within twelve months of first sub -mission. If adopted o11 such re -submission by a majority of the votes east, then it shall be lawful for such town, city or county, to exercise the powers given by this act. The notice of the submission, in this section provided for, shall be such as the board of supervisors, or proper city or town council, may prescribe. The result, after being canvassed, shall be entered of record on the proper books of the county, town, or city. S1_o. 11. The provisions of this act shall not apply to counties having a population of less than five thousand inhabitants; nor to cities having a population of less than three thousand five hundred inhabitants, as shown by the census of 1867: .i0- vided, That any action or proceeding under the provisions of this act shall be commenced within two years from the taking effect of this act, and not after. SEC. 12. Nothing herein contained shall be construed to pre- vent tite corporations herein named from settling their debts without a resort to the powers contained in this act; and no bond shall be regarded as !laving been issued under this act unless it is so stated on the face thereof; and none of the powers herein given shall apply to bonds which are not issued, or which on the fee thereof do not profess to have been issued under the pro- visions hereof. SEC. 13. A debtor corporation, instead of pursuing the course above authorized, may, if it resolves to do so, adopt the following' course: It may issue the new bonds herein authorized and take up therewith old bonds (on such terms as may be agreed upon,) and then deposit the old bonds with the treasurer of the State of Iowa. in his official capacity, as security for the payment of said new bonds and coupons. If the new bonds and coupons are paid, 1M. then the old bonds and coupons are to be surrendered to the pro• per debtor corporation upon such payment. If said new bonds or coupons are not paid, then the holder thereof may elect to surrender the new bonds and take back the old bonds; but the old bonds cannot be sold to pay the new bonds or coupons. The 28f) LAWS W' I0W 1. deposit of old bonds above authorized may be with or without the benefit of the specific levy herein authorized, as may be agreed upon by the parties. SEC. 14. This act, being deemed of immediate importance, shall go into effect when published in the Iowa State Register and Iowa Evening Statesman. Approved April 2, 1868. I hereby certity that the foregoing aet was published in the Daily State Register April 4, 1868, and in the Iowa Evening Statesman April 4, 1868. Ell. WRIGHT, Secretary of State. AN ACT for the registry oC electors and to prevent fraudulent voting. Sno•riox 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be the duty of the township assess- ors at every annual assessment to record in a separate book of suitable size, to be provided by the hoard of supervisors of the county, the full name and place of residence of every resident voter in the township who is or who may become a qualified elector previous to the next general election. Said list, properly certified, shall be delivered to the township clerk on or before the first day of July in each year, after the year A. D. 1868. Sic. 2. The township trustees and clerk steal] constitute a board of registry for their respective townships, and shall meet after the year 18i18, annually, at the office of the township clerk, on the 1st Monday in September, at 9 o'clock A. for thepur- pose of making a list of all qualified electors in their respective townships. —This list shall be called and known as the Register ref Elections. Sno, 3. The register of elections shall contain the names in full, alphabetically arranged, according to their surnames, so as to show in one co]mmm the name at full length, and in another r 1,.\ \\ - c)l 10w A. 281 column opposite, in cities and incorporated villages, the residence 1.ry number of dwelling, if there be a number, and the name of the street or other location of the dwelling -place of each person. This ; inter shall be made from the assessor's list and from the poll -books of the next previous election. Said register shall be kept by the township clerk, who shall, within two days after the adjournment of the board, cause it certified copy of said register to be posted up in a conspicuous place in his office, which shall be accessible to any elector of the township who may desire to examine the same. SEC. 4. The board of registry shall hold a meeting at the place where the last general election was held, or, if from any cause it cannot be held at such place, then at some place to be designated by notice published in at least one paper printed in the township, or posted in at least. three public places therein, on the Tnesday preceding the general election of each year, at. which they shall revise, correct, and complete the register of the elections, and they shall ]sear any evidence that may be brought 1'r•fcire them in reference to such correction. They shall be in se lion for this purpose from J o'clock A. M. until 5 P. and from day to day thereafter, and until they sha]I deem the register properly completed. SEC. 5. In case of corporation elections, it shall be the duty of the clerk of the city or town to prepare, from the poll —books of the last preceding annual election of said corporation, an alphabetical register of the electors as prodded in section 3 of this act, and [he] shall post up one copy thereof in each ward at the place where the last preceding election was held, one month preceding such election, and furnish the original to the board of registry at their next -meeting. The board of registry for said cities and towns shall consist of the mayor, assessor, clerk and marshal, who shall meet, for the purpose of correcting the regis- try, one week before such election, at the usnal pace of meeting of the city council or trustees, and after having corrected the registry Of voters, in each ward, as contemplated in the general (30 28'LAWS or• IOW A. provisions of this a et, said board Shall cause a certified copy of s€rid registry for each ward in said town or city to he delivered to the election board of such wards at or befin•e the time of opening the polls. After the canvassing of the votes, the registries shall be attached to the poll -hooks and tiled in the office of the clerk of the city or town, for the use of the succeeding board of regis- try. The general provisions of this act shall extend to incorpor- ated towns and cities so far as the same may be applicable. The nacres of all persons not qualified as electors shall he stricken from the register, and any person appearing to register his name may- be challenged 1 y any elector or member of the hoard, anil in case of such challenge shall be examined on oath touching his qualifications as an elector, which examination may or may not in the discretion of the board, be reduced to \rritiiig ; and if it shall appear upon such examination that the person i.sentitled to be registered, in the opinion of the board, or if, after such exami- nation, the said person will take an oath that he is, or will he at the election for which the registry is made, a legal voter, stating the ward, district, or township, iii which he resides, and comply- ing in other respects with the requirements of the oath now ad— ininistered to am elector in case of his being challenged, then the board shall cause the mine of said person to be registered. Si•;a. 6. The register of elect.ions•shall at all tunes he open to inspection at the office of the township clerk without charge. Sic. 7. The board of registry stay appoint a clerk, in the absence of the township clerk, and may administer oaths in all eases coming before there for action. SEO. 8. It shall be the duty of judges of' elections to desig— nate one of their number to check the name of every person voting, whose nacre is on the register. No vote shall be received at any general or special election hereafter held in this State, from any person whose name does not appear on the register, unless the person offering to vote shall furnish the judges of election his aflidavit, showing that he is a qualified elector, and a proper reason for not appealing before said board on the day for eoi rert- ■ iI LAWS or IOW_1. 283 ing said register, and prove by the affidavit of a person whose name is on said register that lie knows such person to be a resi- lient of such township, and, if in a city or ineoipora.ted giving the place of residence in the manner required to be en- tered on the register, which said affidavits shall be filed in the office of' the township clerk_ Sr;o. 9 The members of the board of registry shall receive the same compensation as is allowed by law for judges of elec- tion ; tbi each day actually employed in snaking, completing and ]:dusting said register. The necessary blanks, and materials to carry out the provisions of this act, shall be provided the same as other election blanks and materials. Si o. 11). Any person who shall cause his name to be regis- tered, knowing that he is not, or will not become •a qualified -voter in the township where his name is registered, previous to the next general election, or who sliall wrongfully personate any registered voter, and any person causing, aiding, or abetting any person in any manner in either of said acts, shall be guilty of felony. and upon conviction thereof shall be punished for each and evet.v offense by imprisonment in the State prison not less than one year. Any person who shall swear falsely before said board to material thcts as to his qualifications as an elector, shah be deemed guilty of perjury, and on conviction thereof shall be punished as provided by law. SFr,. 11. After the canvass of votes at each election, one of the poll -hooks and register of elections shall he attached together and filed in the office of the township clerk for the nse of the board of'.registry at their next annual election. SEC. 12. The township trustees and township elerk shall meet at the office of the township clerk on the first Monday in September, 1868, at 8 o'clock A. I I., and proceed to make a list of the qualified voters in their respective townships as provided for in section 3 of this act., except as to the residence, which may be oniitt.ed. 284 ws SEC. 13. The board shall procure and have Before. them the poll -book of the previous election, lathe absence of the assessor's list, as provided for in section one of this act ; and they may add the names of any persons residing in the township whom tliey believe to be qualified electors ; and the register shall within two days after the adjournment of the board be posted in the manner provided for in section 3 of this act, and such register shall for the first year be, for all intents and purposes, the register provided in section 3, and shall be revised and corrected at the meeting of said trustees at their meeting on the Tuesday preceding the general election in each year. SEC. 14. In cases of special elections, the township clerk shall t urnish to the board of registry of • their respective town- ships, ten days before such election, a dilly certified copy of the corrected registry for the last preceding general election, at a meeting of said board, to be held at the usual place of meeting, when they shall proceed to correct and perfect said registry as provided in this act. Approved April 8, 1868. LAWS OF IOWA. CHAPTER X, TITLE IV, CODE Ole` 1873. SO FAR As A1'1'LICAi3LE TO CITIES ACTING UNDER SPECIAL CIIARTFR SECTION 464. They shall have power to Iay off, streets, alleys, and pniblic widen, straighten, narrow, vacate, extend establish grounds, a n railways. B. and light streets, alleys, public grounds, wharves, K,c• Imo+• landings and market places; and to provide for the condemnation of such real estate as may be necessary for such purposes. They shall also have the power to authorize or forbid the location and laying down of tracks for railways and street railways on all streets, alleys and public places; but no railway track can thus be located and laid down until after the injury to property abutting upon the street, alley or public places upon which such railway track is proposed to be located and laid down has been ascertained and compensated in the ananiier provided for taking pri- vate property for works of internal improvement in chapter 4 of title TO of Code of 1873. SEC. 465. They shall have power to provide fCll' r n d n g n f 811reets; can- tlle grading and repairs of any street, avenue or alley, strWuctiL'L'6.un n f gC and the construction of sewers, but no street shall he sr-.2: sec. 14 graded except the same be ordered to be done by the ' affirmative vote of two-thirds of the city council or ' trustees. (In addition to this see eliapter 51, acts of Fifteenth General Assent- ' b1y as found hereinil SEC. 466. They shall have power to construct side- sineh}}°4FLj78.elks• hii,* walks to curb gavegravel, macadamize, And gutter speainit > > pave, � n sent pro ax; as- porty ow any highway or alley therein, and to levy a special samnere,ss.ea, 2. tax on the Iots and parcels of land' fronting on such highway or alley to pay the expense of such im- provement. But unless a majority of the resident owners of the property subject to assessment for such 286 L.&W OF IOWA. improvement petition the council or trustees to make the same, such impr'ovemelrts shall not be made until three -fourths of all the members of such council or trustees shall, by vote, assent to the slaking of the same. -Expense as- SEC. 467, They shall have power to repair peI tna- sessed euprop- Erty. nent sidewalks, and to assess the expense thereof on Same, sec. 3. the property in front of which such repairs are grade. Temporary SEC. 468. They shall have power to provide for the grdewalke; ex- pensc limited. laying of temporary plank sidewalks upon the natural 3aane, seo.5, y b 1 Y surface of the ground, without regard to grade, on streets not permanently improved, at a cost not exceeding ibi'ty cents per lineal foot, and to provide for the as- sessment of the cost thereof on the property ill front of which the same shall be laid. When grade of SEC. 469. When any city or town shall. have es - streets is changed after tablished the grade of any street or alley, and any per - buildings are egesrectedto dame -son shall have built or trade any improvements on be as - paid and such street or alleyaccording to the established grade cR'4a, 14 U. A.thereof, and such city or town shall alter said estab • lisped grade in such a mariner as to injure or dimin- ish the value of said property, said city or town shall pay to the owner or owners of said property so injur- ed the amount of such damage or injury, which shall be assessed by three persons —one of whom shall be appointed by the mayor of such city or town, one by the owner of the property, and one by the two so ap- pointed, or in case of their disagreement, by mayor and owner, or in case of their disagreement by the city council or town trustees. If the owner of such prop- erty shall fail to appoint one such appraiser in ten days from the time of receiving notice so to do, then the city council or town trustees shall appoint all such appraisers, and no such alteration of grade shall be made until said damages so assessed shall have. been LAWS nF IOWA. 28i paid or tendered to the owner of the property so in- jured or damaged. The appraisers shall be sworn to faithfully execute their duties according to the best of their ability. Before entering upon their duties, they shall give notice by publication for three weeks in one or more newspapers printed in such city, of the time and place of their meeting for the purpose of viewing the premises and making their assessment. They shall view the premises, and, in their discretion, re- ceive any legal evidence and may adjourn from day to day. When the appraisenrent shall be completed, the appraisers shall sitin and return the same to the city council or town trustees within thirty days of their appointment. The city council or town trustees shall have power, in their discretion, to confirm or annul the appraisement, and if annulled, all the proceedings shall be void, but if confirmed, an order of the con- firmation shall be entered. Any person interested-Anpcal. may appeal from the order of confirmation to the cir- cuit court of the county in which such city or town is situated, by notice in writing to the mayor at any time before the expiration of twenty days after the enter - in; of the order of confirmation. TTpon the trial of the appeal, all questions involved in the proceedings, in- cluding the amount of damages, shall be open to in- vestigation, and the burden of the proof shall, in all cares, be upon the city or town to show that the proceedings are in conformity with tliis section. The cost of any proceedings incurred prior to the order of such city council or trustees confirming or annul- ling the. appraisernent, shall in all eases be paid by such city or town. SEo. 470. They shall have power to purchase or Land purchas- ed or rend cum - condemn, and pay for out of the general third, and en- ed for public urposes. ter upon and take any ]ands within or without the ter- C, asv, lu r. A. C. 9{Y,lliC}.A. ritorial limits of such city or town for the use of pub- 28r LA.WS [Yr IOWA. lic squares, streets, parks, commons, cemeteries. hos- pital grounds, or any other proper or legitimate u innieipal use, and to inclose, ornament and improve • the same. Tliey shall have entire control of the same, and shall have power, in case such lauds are deemed unsuitable or insufficient for the purpose for which they were originally granted, to dispose of and convey the same; and conveyances executed in accordance with this chapter shall be held to extinguish ail rights and claims of any such tower or city to such lands ex- istirla' prior to such conveyance. But when such lands are so disposed of and conveyed, enough thereof shall be reserved for streets to accommodate adjoining properly owners. SEC. 471. They shall have power to erect water Water works qec- 1, 14 works, or to authorize the erection of the same; but Cr.A. no such works shall be erected or authorized until a majority of the voters of the city or town at a general or special election, or four -fifths of the members of the council or hoard of trustees thereof, by vote approve the same. Same. SEC. 472. They shall have power to construct or c.18, secs. 2, s, authorize the construction of such wont without their 4,140.A. limits, and for the purposeof inaintainingand protect- ing the same from injury, and the :water from pollu- tion, their jurisdiction shall extend over. the territory occupied by such works and all reservoirs, streams, trenches, pipes and drains, used in, and necessary fbr the construction, maintenance, and operation of' the same, and over the stream or source from whic.lr the water is taken for five miles above the point from which it is taken; and to enact all ordinances and reg u- latious necessary to carry the power herein conferred into effect. LAWS OF IOWA. 289 Si:r.. 473. When the right to build and operateiwegene t ted iTl- such. works is granted to private individuals or incor- Same,`serluaa1s porated companies by said cities and towns, they may make such grant to insure for a term of not rnore than twenty-five years, and authorize such individual or company to charge and collect from each person sup- plied by there with water, snag' water rent as may be agreed upon between said person. or corporation so building said works, and said city or town; and such cities or towns are authorized and empowered to enter into a contract with the individual or company eon strutting said works, to supply said city or towel with water for Fire purposes, and for such other purposes as may be necessary for the health and safety thereof, and to pay therefor such seen or sums as may be agreed upon between said contracting parties. SEC. 474. Said cities or towns are hereby author- ized to condemn and appropriate so much. private Lane, aoc. s. property as shall be necessary for the construction and operation of said water works; and when they shall authorize the construction and operation thereof by individuals or corporations, they may confer, by ordinance, upon such person or coporation the said power to take and appropriate private property for said purpose. SEC. 475. Ail cities and incorporated towns con- structing such works are authorized to assess from time to time, in such manner as they shall deem equita- ble, upon each tenarrrent or other place supplied with water, such water rents as may be agreed upon; and at the regular time of levying taxes in each year, said city or town is hereby empowered to levy and cause to be collected, in addition to the taxes now authorized to be levied, a special tax on taxable property in said city or town, which tax, with the water rents hereby authorized, shall he sufficient to pay the expenses of Assess water rents as a spe- cial tax, cor- le tion of, amount. Same, see. S. 290 LAWS OF IOWA. running and operating such works, and if the right to build, maintain, and operate such works is granted to private individuals or incorporated companies by such cities or towns, and said cities or towns shall contract with said individuals or companies for a supply of water for any purpose, such city or town el.al'. lev? each year, and cause to be collected, a special tax as provided for above sufficient to pay oil such water rents so agreed to be paid to said individual or com- pany constructing said works; Provided, however, That said tax shall not exceed the sum of five mills on the dollar for any one year, nor shall the same be levied upon the taxable property of said city or town which lies wholly without the limits of the benefit or protection of such works, which limit shall be fixed by the city council or board of trustees each year be- fore inaking said levy. Proceedings S> c. 476. \'Linen it shall be deemed necessary by When private property Is any such corporation to enter upon or take private condemned. It. s0ee,I3. Ion(}s..A. property for any of the above uses, an application C. S in writing shall be made to the circuit court, which application shall describe as corrnct.ly- as may be, t]ie property to he taken, the object proposed, and the owners of the property, and of each lot or parcel thereof known, and notice of the filing thereof :hall be given as is required to commence a civil action in said court. After such notice shall have been given, the conrt shall proceed to determine the compensation to be paid for the taking of the property, and for that purpose shall empanel a jury, and the mode of pro- cedure therein shall be the same, so far as applicable, as in an action by ordinary proceedings. The assess- n_ent shall be made so that the amount payable to each owner may be ascertained either by allotting it to each over by name or on each lot or parcel of land, and the inquiry and assessment shalt in other respects be made by the jurors under such instructions LAWS OF IOWA. 291 as shall be given by the court. The jurors shall be sworn to make the whole inquiry and assessment, but may be allowed to return a verdict as to part and be discharged as to the rest in the discretion of the court, and in case they shall be discharged from rendering it vei iict in whole or in part, another jury may be em- paneled at the earliest convenient time, which shall make the whole inquiry and assessment, or the part not inaade, as the ease may be. Sue. 477. When the amount of compensation dnedcpoent or to any of the owners, of the property to be taken shill secs one%reeu takon, costs. be ascertained, the court shall snake such order as to x. sac. loss. its payment or deposit as may be deemed just and proper, and may require adverse claainiSi.ntsto any part of the money or property to interpleaid, so as to fully settle their rights and interests, and may direct the time and manner in which possession of the property shall be taken or delivered, and Lnay, if necessary, enforce an order giving possession. But none of the property shall be actually taken or occupied until the compensation thus ascertained shall have been paid, or secured to be paid. The costs occasioned by the inquiry and assessment shall be paid by the corpora- tion, and as to the other costs which may arise, they shall be charged or taxed as the court, in its discretion, may direct; no delay in snaking an assesrnent of com- pensation, or in taking possession, shall be occasioned by any doubt which may arise as to the ownership of the property, or any part thereof, or as to the interest of the respective owners; but in such cases the court shall require the deposit of the money allowed aseorn- pensation for the whole of the property, or the part in dispute; and in all cases as soon as the corporation shall have paid the compensation assessed, or secured i.ts payment by a deposit of money under the order of the court, possession of the property niay be taken and the public work or improvement progress. 292 LAWS OF IOWA, Assessor ent SEG. 478. Eacli municipal corporation may, 1)y tt on lots, how tree 70general ordinance, prescribe the mode in �i hic]i the ed.88. charge on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes authorized by this chapter; such charge, when assessed, shall be payable by the owner or owners at the time of the assessment personally, and shall also be a lien upon the respective lots or parcels of land from the time of the assessment.. Such charge may be collected and such ]ieii enforced by a proceeding in law or in equity, either in the name of such corporation, or of any person to whom it shall have directed payment to be made. In any such pro- ceedings, where pleadings ate required, it shall be sufficient to declare generally for work and labor done, and materials furnished on the particular street, alley or highway. Proceedings may be instituted against all the owners or any of them, to enforce the lien against all the lots or land, or each lot or parcel, or any number of there embraced in any one assesslneiit, but the judgment or decree shall be rendered sepa- rately for the amount properly chargeable to each. Any proceedings may be severed, in the discretion of the court, for the purpose of trial, review, or appeal. Recovery had Sao_ 479. In any such proceeding, where the or charge en- pei alty.with court trying the same shall be satisfied that the work R. sec. lass. has been done, or materials furnished, which, accord- ing to the true intent of this act, would be properly chargeable upon the lot or land through or by which the street, alley or highway improved, repaired, or lighted, may pass, a recovery shall be permitted, or a charge enforced, to the extent of the proper proportion of the value of the work or materials which would be chargeable on such lot or ]and, notwithstanding any informality, irregularity, or defect in any such muni- cipal corporation or any of its officers. But in such I..\ WS OF IOWA.. case the court may adjudge as to coots as may be deemed proper, and in cases where an assessment shalt have been regularly made, and payment shall leave been neglected or refused at the time when the same was required, any municipal corporation niay be entitled to demand and recover, in addition to the amount assessed and interest thereon at ten per cent. from the time of the assessment, five per cent. to defray the expenses of collection, which shall be included in any judgment or decree which niay be rendered. The provisions and power conferred in this reeding chapter from section four linndrecl and sixty-five to tPeencsectionsfif- to apply section folk° hundred and seventy-nine, inclusive, shall eitiee actintog under special apply to cities acting under special charters. charter. AGTS OF SIXTEENTH GENERAL ASSEMBLY. CHAPTER LTV. RELATING TO TIIF CONSTRUCTION OF SEWERS. AN ACT to authorize cities organized under special char- s• F. 3a. ters to provide for the construction of sewers. {Addi- tional to Code, Chapter 10, Title IV : of Cities and Incor- porated Towns,"] Be it enacted bad the General Assembly of the ,State of Iowa : SECTION 1. That all cities in this state organized and exising under special charters, having a pvpula—what. cities tion of not less than ten thousand as shown by the may. last preceding state census, may provide by ordinance for the construction of' sewers, or may divide the city into ,sewerage districts in such manner as the council may determine, and pay the crest of constructing same out of the general revenue of the city, or assess the cost upon the adjacent property, or may levy a certain sewer- age tax within the sewerage district. out of which to pay 214 r._%.WS OF IOWA. for the construction of the same, which sewerage tax shall not exceed in any one year, two mills on the dol- lar of the assessed value of the property within such How cost of district. Or may pay a part of the cost of such con - construct i a n shall be paid. atl'tictioIt oiit of the general revenue, a part by the as- sessment of adjacent. property, and a part by levying a tax upon all the property within the sewerage dis- trict, or may pay for the same by pursuing any two of the methods herein named. To be done nu SEC. 2. It shall be the duty of such City Confi- der contract. cif to require the work of constructing such sewers to be done under cataract therefor to be entered into with the lowest responsible bidder, and bonds with surety for the faithful performance of such work s1ta11 be re- quired to be given by the contractors. Provided, That all bids for such work may be re- jected by such council, if by them thought to be ex- orbitant and new bids ordered. Proctsioris re- SEC. 3. All special tax levied for the constrne- spectSng °Pe- tion of sewers under this act shall be payable by the cial tax :Iron upo : proper ty wi�fch may owners, personally at the time of such assessment, and be sold as for o r d i n a r Y shall also be a lien upon the lots and lands so assessed taxes. and shall liea.r such rate of interest, and the said prop- erty assessed may be sold fur the 1:payment thereof in the same manner at. any regular or adjourned sale or special sale celled therefor, with the same forfeitures penalties and right of redemption and certificates, art[1 deeds ou such sales shall be made in the same manner and with like effect as in case of sales for non-pay- ment of the ordinary annual taxes of such cities re- spectively as now or hereafter provided by law in re- spect thereto, or the City Connell may provide by or- dinance for the sale of such assessed property at a special tax sale to be called therefor, after giving no- tice therefor three consecutive. weeks in one of the ■1 LAWS s>r' IuWA, 295 newspapers published in said city ; the last of which BY pebliehli,g publications shall be at least ten days before the day of sale. SEC. 4. Such City Council naay provide by ordi- City Council to provide dance for the particular mode of making and return- mode ent- of at- sessm ing the assessments hereinbefore authorized, and pay- ment of such assessments may, if SO directed by said council, be enforced by suit in court, in the rnanraer and by the proceedings provided for by sections 478, 479, and 481 of the Code. SEC. 1. Nothing in this act contained shall take Cndo away-, impair or interfere with the powers conferred 485 e notsetoctib�n by section 465 of the Code for the construction of sew- impaired.ers, and payment therefor hi whole as therein pro- vided. SEC. 6. The City Council shall have power to provide, by ordinance, terms and conditions on which cross sewers may be attached to nr connected with main sewers ; and in_ cases where sewers have been constructed in whole or in part by special assessment, may pay unto the parties who have been so assessed, the money, or a part thereof charged and collected for the privilege of attaching such cross sewers. SF:C. 7. Provided That any t:lich city which has Yroc•isa. heretofore adopted a system of sewerage by which the cost of construction has been paid out of the general revenue, shall not he permitted to abandon such sys- tem, anything in this law to the eontrary notwith- standing. Six. 8. This act being deemed of immediate irll: Totake effect. portance, it shall take effect from and _ after its publi- cation in the Des Moines State Register, and the Des Moines State Leader, without expense to the State. Approved, March 8, 1876. Cross sewers. 296 LA11-s )10 IOW A. I hereby certify that the foregoing act was publish- ed in the Iowa State Register, :larch 14, and in the Iowa State Leader, March 14, 187 6 . JOSIAH T. Y Ou.NG, Secretary of State. CHAPTER, XC. errs' ASSESSORS. H. F. 488. AN ACT Providing for the Election of City Assessors in Cities Organized and Existing under Special Charters. LAdditional Chapter 10, Title IV : "Of Cities and In- corporated Towns."] Be it enacted by the General Assembly of the State of Iowa: SECTION. 1. That the qualified electors of all cities organized and existing under special charters, shall, at their regular annual election, elect one City Assessor, who shall hold his office for the term of one year and until his successor is elected and qualified . SEC. 2. This act being deemed of i rn m ediate im por- tance, shall be in force from and after its publication in the Iowa State Register, and the Iowa State Leader, anything in section 33 of the Code to the contrary notwithstanding. Approved March 14, 1876. I hereby certify that the foregoing act was pub- lished in the Iowa State Register, March 16, and in the Iowa State Leader, March 16, 18'76. JOSIAH T. YOUNG, Secretary of State. Cities u n rI e special c h a r- ter. One Assessor. To take effect. 1..A11 4 ill,` IOWA. CHAPTER CX.VI. RELA'i'ItiC1 TO CITIES ORGANIZED UNDER SPEC' AL a1 to RTE Rs. 297 AN ACT relating to Cities Organized and Existing under H. F. 213. Special Charters Conferring Additional Powers, and Amending the Charters of such Cities. [Additional to Code, Chapter 10, Title IV ; "Of Cities and Incorpora- ted Towns."] Be it enacted by the General Assembly of the State of Iowa : SECTION 1. All cities in this State organized and To provrae by ❑rdinance existing under special charters, may provide by ordi- 122 become Nance when taxes both general and special shall be - delinquent, come delinquent; and the rate of interest which they shall thereafter bear, which rate shal]not exceed twenty-five per cent. per annum; and for the sale of delinquent, special and general taxes, on such terms and at such a rebate of the principal or interest, or both, as the City Council may determine; and in the notice required by law to be given it will be sufficient Sufficient ne- tiae of sale. to state the description of the lot or parcel of real estate to be sold for delinquent taxes of the current year, and also the lot or parcel of real estate on which the delinquent taxes for previous years remain due and unpaid, and the amount of taxes delinquent for pre- vious years without naming such previous years, and the amount of interest and costs, if any, against each lot or parcel of real estate, in which may be included special taxes delinquent, at such rate of interest as t.lie City Council may determine, not to exceed the rate allowed by law at the time the taxes were assessed, and the total amount of taxes, interest and cost against such lot or parcel of real estate. SEC. 2. In all advertisenients for the sale of realk�urQam vbe need. property for taxes, and in entries required to be Inade in any manner connected with the assessment or col- lection of taxes, letters and figures may be used to (8) 29S LAWS OF IO A_ denote numbers, fractions of numbers, and amounts, as are commonly used in other business transactions, Irregularities, and no irregnla.rity or intorwalityin the advertisement shall affect the legality of any sale, or the title of any property conveyed if it shall appear that said property was subject to taxation for the year or years for which the same was sold, and that the tax was due and un- paid at the time of sale; and in all cases the adver- tisement shall be sufficient notice to the owners and persons having an interest in or claiming title to any lot or parcel of real estate, of the sale of their property for delinquent taxes, and a failure of the collector to make a personal demand of taxes shall not affect the validity of any sale or the title to property acquired under such sale. Special taxes; SEC. 3, The City Council may provide by ordi- interost. Hance that all special taxes Hereafter assessed and levied shall bear the same rate of interest as the an- nual taxes from and after the same becomes due and delinquent, which rate shall not exceed twenty-five per cent. per annum; and all special taxes remaining Collection, due and delinquent at the date when the annual taxes become delinquent, shall be collected at the thine and in the manner the anneal delinquent taxes are col- lected, and the same shall be included with the an- imal delinquent taxes, if any remain delinquent, and the City Council may provide by ordinance that all special taxes or assessments which shall become due and delinquent prior to the delinquency of the annual taxes, shall be collected by a sale of the real estate so taxed or assessed specially called therefor, and the kind of notice to be given, and may also provide for Code secs. 478 the collection of such tax by snit, such as is authorized by sections 478 and 479 of chapter 10, title 4, of the Code. SEC. 4. The collector shall in all cases, make out I,AWS OF IOWA. and deliver to the tax payer a receipt, which receipt shall contain the description and assessed value of each Jot or parcel of real estate, and the assessed value of personal property; and in case the property has been sold for taxes and not redeemed, the date of such sale and to whole sold, also, the amount of tax, inter- est and costs, if any, giving a separate receipt for each year, whereupon he shall make the proper entries of such payments on the books of his office. And the conncil may provide by ordinance, that no person shall be permitted to pay the taxes of any one year until the taxes for the previous years shall be first paid; and provide that the receipt herein contemplat- ed shall be conclusive evidence that all taxes, and the costs of every kind against the property described in such receipt, are paid to the date of such receipt; and provide that for any failure or neglect on the part of the collector, or on the part of any one acting as a col- lector, he and his bondsmen shall he liable to an action on his official bond for the damages sustained by any person or the city through such neglect. Sxc. 5. The collector of taxes, or persons anthoriz- collector shau make cortitl- ed to act as collector, shall make, sign and deliver to chase °f Pur- the purchaser of any real property sold for the pay- ment of any taxes authorized by the provisions of this act, or by any law applicable to cities acting under special charters, a certificate of purchase, which shall have the same force and effect as certificates issued by county treasurers for the sale of delinquent county - taxes. 299 Receipt by. collector. Council m ay provide: SEC. G. Real property sold under the provisions of Redemption. this act, or by virtue of any power heretofore given, may be redeemed at any time —before the right of redemption is cut off, as hereinafter provided —by payment to the collector, or to the person authorized to act as collector, to be held by him subject to the 300 LAWS OF IOWA. order of the purchaser on surrender of the certificate, or in case the same is lost or destroyed, on his snaking affidavit of such fact, and ot the further fact that it was not assigned, of the amount for wl.ich the same was sold, and twenty per centnni of such amount im- mediately added as a penalty, with ten per cent. in- terest per annum on the whole amount thus made from the day of sale. " And also the amount of all taxes, either annual or special, with interest and cost, paid at any time by the purchaser subsequent to the sale, and a similar penalty of twenty per cent. added as before on the amount of the payment made at any subsequent time, with ten per cent. interest per annum on the whole of such amount or amounts from the day or days of payment. Provided, That such penalty for the non-payment of the taxes at any such subsequent time or times, shall not attach unless such subsequent tax or taxes shall have remained unpaid for thirty days after they become delinquent." [NOTE —As amended by chapter 174 p. lea acts Seventeenth {General Assembly.} Certificate 0 f The collector, or person authorized to act as collec- redemption. tor, shall, upon the application of any party to re- deem real property sold as aforesaid and being satis- fied that such person has a right to redeem the same, and on the payment of the proper amount issue to such party a certificate of redemption, in substance and form as provided by section 891 of chapter 2. title 6, of the Cole, and shall snake the proper entry thereof in the sale book, which redemption shall there- upon be deemed completewitl:iont further proceedings. , and 894, too provisions of sections 892, secs. The893,894, and of 893an apply. chapter 2, title 6, of the Code, shall so far as the same are applicable, and not herein changed or modified, apply to sales of real estate for delinquent taxes here- in contemplated, Provided, That where the words LAWS DID' IOWA. "treasurer of the county," or "treasurer" are used in said sections, the words "collector of the city," or "coIlector," or person authorized to act as collector shall be substituted. 301 SEC. 7. Immediately after the expiration of ninety Deed £ ocholder - days from the date of service of the notice, as pre -chase. par - scribed by section 894, chapter 2, title 6, of the Code, the collector or person authorized to act as collector then in office, shall make out a deed for each lot or parcel of land remaining unredeemed, and deliver the same to the purchaser, upon the return of the certifi- cate ot purchase, any number of parcels of real estate bought by one person, may he included in one deed, if reqnired by the purchaser. Deeds executed by the collector or person authorized to act as collector, mayForm. be in form substantially as provided by section 896, chapter 2, title 6, of the Code, and shall be signed and acknowledged by him in his official capacity, and all deeds and conveyances hereafter made and executed on account of any general or special tax sales shall have the same force and effect as deeds made by county treasurers for delinquent county taxes, and the purchaser, as well as the owner ot any real property sold on account of such general or special delinquent tax, shall be entitled to all the rights and remedies which are granted and prescribed by sections 897, 898, 899, 900, 901, 902, 903, 904 and 905, of chapter 2, title 6, of the Code; Provided, That whenever the words "county" or "county treasurer" are used, the words"city" or "city collector" or persons author- ized to act as collector shall be substituted. SEc. 8. When the grade of any street or alley shall have been established, and any person shall have built or made improvements on such streets or alley accord- uig to the established grade thereof, and such city shall alter such established grade in such a manner as Effect. Rights a n d remedies. Grade of street or alley. 302 LAWS OF IOW A. to injure or diminish the value of said property, said city shall pay to the owner or owners of said property so injured the arnonnt of such damage or injury. Damages to be SEC. 9. Said damage or injury shall he assessed by assessed b y commission" three commissioners, who shall be disinterested free- holders, to be appointed by the City Council. They shall before entering upon their duty, be sworn to execute the same according to the best of their ability. Before entering upon their duty the city shall cause notice to be given, which notice shall be signed by the commissioners and published for three weeks in one or more newspapers printed in such city, of the time and place of their meeting for the purpose of viewing the premises and making their assessments. They shall view the premises, and, in their discretion, receive any legal evidence, and may adjourn from day to day; either one of whom shall have the power, in the presence of the others, to administer an oath or oaths to any witness or witnesses to be examined be- fore there. Powers. A niu a i se- SEo_ 10. When the appraisernent shall be complet- ed the commissioners shall sign and return the saiue to the City Connell within thirty days of their ap- pointment.. The City Council shall have power, in their discretion, to confirm orannnl the appraisernent, and if annulled, ail proceedings shall be void; but if Appeal from confirmed, an order of the confirmation shall be enter - order of city ed. Any person interested may appeal from the order of confirmation to the circuit or district court of the county in which such city is situated, by notice in writing to the mayor, at any time before the expira- tion of twenty days after entering the order of con- firmation. Upon the trial of the appeal, all questions involved in the proceedings, including the amount of damages shall be open to investigation. The cost of any proceedings incurred prior to the order of such Costs. i..�« OF IOWA. 303 City Council confirming or annulling the appra.ise- ment, shall in all cases be paid by such city. SEc. 11. The City Council shall have power to re- city council re move commissioners, and from time to time appoint ,mamnniyssmovio:,- e others in the place of such as may be removed, refuse, ers- neglect, or be unable from any cause to serve. SEC. 12. That so much of section 1., chapter 51, sec. 1, chap. acts of the Fifteenth General Assembly as requires 5moa;nedG. A.' cities to provide by ordinance for the improvement of alleys after presentation of petition by owners of property to be assessed, be and the same is hereby re- pealed, and such cities organized under special charters, may provide by ordinance how such improvements council may shall be made, and thereafter may order any alley to be wi hnut p ? improved. graded or macadamized, by resolution pass- rrflnpert.yown- e ed by the affirmative vote of two-thirds of such coun- cil, and on voting on such resolution the yeas and nays shall be recorded. SEC. 13. All property taken and condemned by virtue or (of) any power heretofore conferred or here- in granted may be so taken and condemned and such power may be exercised and pursued without resorting to proceedings in court in the first instance to enforce the same, anything in any law to the contrary notwith- standing. SEC. 14. The City Council of any such city may regn- Council may late and license sales by transient merchants, bankrupt regulate sales. and dollar stores and the like. Provided, That the exercise of such power shall not interfere with sales made by sheriffs, constables, coroners, marshals, ex- ecutors, guardians, assignees of insolvent debtors, or other persons, required by law to sell real or personal property. Sue. 15. The Cit • Council of all cities actingAnnual tax or nn- not to exceed der special charters, with a population of not more iiper cent. Property may be condemned without a c- hum to en- force the satnn. 304 LAWS (F. IOWA.. than fifteen thousand inhabitants, as shown by the last state census, shall leave power to levy an annual tax of not to exceed three per cent. of the assessed value of all taxable property within its limits, for the purpose of defraying the annual current expenses of the city, carrying on its municipal affairs and paying its bond- ed indebtedness ; Provided, That no other or great - When o f t y er assessmnent shall be made in any one year than the road district. constitutes a amount herein authorized, anything in any law tot e contrary notwithstanding. AVhi1e all other cities act- ing ender speeial charters may levy the taxes now au- thorized by law, and when such city constitutes a road district, niay levy a road tax in addition to the road tax now allowed by law of two mills on the dollar of the assessed valuation, which road tax shall in no case exceed five mills ; provided, however, the City Council may provide by ordinance that all property lying within the corporate limits of any city acting under a special charter, and which is not now subject to tax for city purposes, by reason of the saki property being used for agricultural, horticultural or gardening purposes, shall be subject to a road tax not exceeding the sum of forty cents for each one hundred dollars of the valua- tion thereof, for the purpose of keeping in repair the roads, streets and bridges lying within that part of any such city where the property is not subject to taxation fur city purposes. When taxesSEC• 1G. When, by the provisions of special char- aarected bto beymcolar- - ters taxes, or revenue of any kind are required to be le ghal' collected by the marshal or any other designated offi- cer, the City Council of any such city shall have the power to provide by ordinance for the collection of such taxes or revenue, and the discharge of all other duties relating thereto by any other officer or person. Numbering of houses. Sur,. 17. Cities acting under special charters shall LAWS OF IOWA. have power to provide by ordinance for t]le number— ing of houses by the owners or lessees thereof. S1:c. 18, All such cities shall have power to re- quire the owner or lessee of any lot or tract of ground extending into, across, or bordering on any hollow or ravine which constitutes a drain for surface water, or a water course of any kind, who shall by grading or tilling such lot or tract of ground obstruct the flow of water througli sueli water courses, to construct through such Jot or land such a drain or passage way for water as the council may designate, and to enforce the swine by proper penalties, or the city may construct such drains at the expense of the owners, and assess the cost thereof on the lots or tracts of ground. SEo. 19. All such cities shall have power to en- Poll tax. force the payment of poll tax in such manner as it may determine by suit, penalties or otherwise, as niay be provided by ordinance. Sc.720. In regard to the police powers, sanitary Polfoe power regulations, and regulations for the prevention and etc. spread of fires, and of contagious diseases, the enu- merated powers shall not be construed as a litnitation of the. general powers. Sr:o. 21. No general law as to powers of cities or- General laws. ganized under the general incorporation act, shall in any manner be construed to affect the charter or laws of cities organized under special charters, and while they continue to act under such charters, unless the salve shall have special reference to such cities. Sr:o. 22. That section 7, chapter 238, acts of the section 7 chapter 2.48, Sixth General Assembly of the State of Iowa, op- P h ld : A. re- proved January 2 7 th, A. D., 1857, be and the same is hereby repealed. SFn. 23. This act being deemed of immediate iln- To take efteet.. 305 When flow of water is ob- structed by filling. 306 LAWS OF IOWA. portance, shall take effect and be in force from and af- ter its publication in the Daily Gate City, and Daily Constitution, and Keokuk Post, newspapers published in the city of Keokuk, and the Davenport Gazette, and Davenport Democrat, and Der Democrat., newspa- pers published in the city of Davenport, and in the Dubuque Times, and Dubuque Herald, newspapers published in the city of Dubuque, anything in sec- tion 33, chapter 3, of the Code, to the contrary not- withstanding. Approved March 15, 1876. I hereby certify that the foregoing act was published in the Daily Constitution, March 21, Davenport Democrat, March 23, Davenport Gazette, March 24, Dubuque Times March. 25, Dubuque Herald, March 26, Der Democrat. March 28, Daily Gate City, March 29, and in the the Keokuk Post, March 29, 1876. JOSI All T. YOUNG, Secretary of State. CHAPTER OXLIII. REL 1TIti(r TO SUPERIOR COURTS IN CITIES. S. F. 74. AN ACT to Provide for Establishing Superior Courts in Cities of a certain Grade, [Additional to Chapter 10, Title IV, of the Code; "Of Cities and Incorporated Towns."' Be it enacted by the General Assembly of the State of Iowa: What eit.ies SECTION 1. That any city- in this State containing may estabtiah. five thousand inhabitants whether organized under a special charter or the general act for the incorporation of cities and towns, may establish a superior court as hereinafter provided, which, when established, shall take the place of the police court of such city. OF IOWA. 307 SEC. 2. Upon the petition of one hundred citizens Question o eatab I f ehment of any such city, the Mayor by and with the consent to be submit. ted to cote. of the common council, may at least ten days before an mutual election for city officers, issue a proclama- tion submitting, to the qualified voters of said city, the question of establishing said court. At the same election and every fourth year thereafter, (if the said court is established) there shall be elected a judge of the superior court, the votes for whom shall be upon the sauce ballot with other city officers. Should two- thirds of all the votes cast -at such election be in favor of said court, the same shall thereby be established, and the judge shall quality and hold his office for the term of four years, and until his snecessor is elected and qualified. Immediately after each election of Said judge, the mayor of said city shall transmit a certificate of the election of said judge to the Gover- nor of the State, who shall thereupon issue to hire a commission empowering hiin to act as judge as herein provided. SEC.. 3. Said judge shall be a qualified elector ofJacuquired g e—mentph i the city, and be possessed of the legal acquirements and Fond. prescribed in section 208 of the Code of Iowa, and shall subscribe in writing the same oath required of judges of the district court, and file the same with the Mayor of the city, and shall give bond to the State of Iowa in the sum of four thousand dollars, for the faithful discharge of his duties, which. bond must be filed with and approved by the Mayor; and the effect of such election and qualification shall be to abolish the office of police judge of such city. SFc. 4. In case of a vacancy occurring in the said Vaoaucy. office of judge, the Mayor, by and with the consent of the common council, shall appoint a judge, who shall hold the office until the next annual city election, and 30S LAWS OF IOWA. Terms court. nntil his successor is elected and qualified, who shall be chosen to fill the unexpired term. o f SEc. 5. Said judge shall hold at least one term of court in each month, except in August, commencing on the first Monday in each month, but as a police court it shall always be open for the dispatch of business. Jurisdiction. SEC. 6. Saki court shall have jurisdiction concur- rent with the district and circuit courts, as now and hereafter provided by law, except where said courts respectively have exclusive jurisdiction and except actions for divorce, and of all appeals and writs of error, in civil cases, from justice's courts within the township or townships in which the city is located, and by- consent of parties from justice's courts in other townships in the county, said appeals and writs of error to be taken in the saute time and manner as if the same were taken to the circuit court, and the exclusive original jurisdiction to try and determine all actions civil and criminal, for the violation of city ordinances, and all the jurisdiction conferred upon police courts, as now and heretofore provided by law, and all the jurisdiction co -extensive and concurrent with justices of the peace, in all actions, civil and criminal, as now are or may be hereafter provided by law, and for the trial of criminal actions, shall be open at such times and ender such rules as the court shall prescribe. of SEc. 7. Changes of venue may be had from said court in all civil actions to the circuit court in the same manner, for like causes, and with the same effect, as the venue is now changed from the circuit court as provided by law. In criminal actions changes of venue may be had to the district court, as provided by law for changes of venue in the district court, and Changes venue. dim LAWS OF' IOWA. when criminal actions are tried in vacations, without jury, an appeal will lie to the district court, as pro- vided by law for appea]s in like cases from justices of the peace. SEC. 8, The said judges shall have the same power P o w ere o r judge in Vacs - in regard to injunctions, writs, orders and other pro- tion- ceedings, out of courts as are now or may be hereafter possessed for (by) the judges of the district or circuit courts; and may also administer oaths, take acknowl- edgments and depositions (except depositions to be used in his own court,) and solemnize marriages. Put he shall not practice in any of the courts of this State. SEc. 9. The superior court shall be a court of record, and all statutes in force respecting venue and com- mencement of actions, the jurisdiction process, and practice of the circuit and district court, the pleadings and mode of trial of action at law or in egnity, and the enforcement of its judgments by execution or otherwise, and the € llowance and taxing of costs, and the making of rules for practice or otherwise, shall be deemed applicable to the superior court, except where- in the same 'nay be inconsistent with the provisions of this act. The records and papers properly filed in a cause in either the district or circuit courts are equally evidence in said superior court. eleadinge mndeA of tx3ai rules of prac- tice, etc. SEC. 10. The said court shall have and rise its seal. own seal, having on the face thereof the woid, "super- ior court,' and the name of the city, county, and State. SEc. 11. As long as the business of the court can cibrk, be done with convenience and dispatch, without a clerk, the judge shall be the clerk of the said court. Whenever, from the accumulation of causes and other demands upon the court a clerk shall become neces- 310 Marshal. I,A\V8 OF IOWA. sary, the city recorder, or clerk, shall be the clerk of the superior court, and shall receive such compensa- tion for his services a.a the City Council may from time to time allow; and he shall perform the duties in said court provided by law for the clerk of the cir- cuit court, and shall give bonds as required of the said judge. SEC. 12. The city marshal shall be the executive officer of said court and his duties and authority in court and in executing process shall correspond with those of the sheriff of the county in the circuit court, and with process from that court, and he shall receive the sane fees and compensation as the sheriff for like services. But the process of said court may be also served by the sheriff. compensuion Sac. 13. The judge of said court shall receive in of judge. full compensation for his services the sum of two thou- sand dollars per annum, to be paid to him quarterly ; the first two quarters of the municipal year shall be paid from the city treasury, and the last two quarters from the county treasury wherein said city is located. The costs and fees of said court in civil actions shall be the same as in the circuit and district courts except herein oth erwise provided, and the clerk of the superior court shall account for and pay over to the city all fees that may be paid into the said court, and also for all fines for the violation of city ordinances. Of all other fines he shall render the same account as is provided for justices of the peace. In actions for the violation of city ordinances, if ilnsuccessfnl, the city shall pay all costs, the same as provided by law for the county in other criminal actions prosecuted in the name and behalf of the state. The fees in criminal actions shall be the salve as in justices courts, and shall be paid and accounted for as hereinbefc're stated, and as other - Costs. Fees. LAW OF IOWA. wise provided by law for justices of the peace and their courts. SEC. 14. Upon the first regular consecutive call Jury, of the calendar of causes by the court; either party to an action may elect to have such cause tried by jury, and a minute of said election shall be made upon the calendar, Causes thus designated shall be tried first in their order, and when a disposition shall have been made of such causes the jury shall be discharged from attendance at that term. ..No juror shall be detained as juryman longer than one week, except upon a trial commenced within the first week of ins attendance. SFo. 15. In order to provide jurors fbr said court. seieetivz, • jurors. the j ndge, Mayor, and recorder shall immediately after qualifying and every three months thereafter, snake out a list of twelve navies of persons from the body of the county in which the city is situated, qualified to serve as jurors in the district court, w hiclh list shall be furnished to the clerk of said superior court, and from this list. there shall be drawn by the clerk and marshal nine persons in the saute lnanner as jurors are drawn in the district court, and a precept from the court shall issue accordingly five days before the first day of next term, as provided by law in like cases in the district court. 311 of SEC. 16. The jury shall consist of six qualified ltiumber of jurors, unless a jury of twelve is demanded, in which Ju ry. case the clerk may issue a special venire for that pur- pose or the city marshal may complete the jury from the bystanders. (But no party shall be entitled to a jury of twelve, until the person demanding the saline, shall deposit with the clerk the sum of six dollars to be paid said jurors and taxed with the cost,) Thepay Fees. of the regular jurors shall he one dollar per day of six hours, and mileage as provided by law, to be taxed 312 Appeals. Judgment liens. TAWS OF rOWA.. with the costs not exceeding twenty—five dollars in any one case ; the rest of the jury fees to be paid by the city. SEC 17. All appeals from judgments or orders of said court or the judge thereof in civil actions shall be taken to the supreme court in the same man- ner and under the saute restriction, within the same time, and with the same effect as appeals are taken from the circuit to the supreme court, except upon consent. appeals shall he in saute planner to the district court. SEC. IS. Judgments in said court may be made liens upon real estate in the county in which the city is situated by proceeding as provided in sections 3567 and 3568 of the Code, relating to judgments of justices of the peace, and with equal effect and may be made liens upon real estate in other counties in the same manner as judgments in the circuit and district courts. City attorney. Svc. 19. It shall he the duty of the city attorney or solicitor to tile informations in the superior court for violation of city ordinances and prosecute the same and for such services he shall receive such compensa- tion as the city council shall allow. Powers or SEO. 20. The said judge shall be ex-oflicio a. oieio. magistrate and in preliminary examinations, the pro - fudge ex- ceedings and practice shall be the same as before any other magistrate, and all warrants issued in criminal proceedings under the seal of the court, inay be used in any other part of the state without further attes— tation, in like manner as if issued by the district court and parties may be committed to the city prison for confinement or punishment instead of the county jail. To take effect. SEC. 21. This act being deemed of immediate importance, shall take effect and be in force from and LAWS OF IOWA. after its publication in the Daily State :Register, a newspaper published in the city of Des Moines, and the Daily Republican, a newspaper published in the city of Cedar Rapids, Iowa. Approved Allard). 17, 18.76. I hereby certify that the foregoing act was published in the Iowa State Register, and in the Cedar Rapids Daily Republican, March 22, 18 7 6. JC)SIAII T. YOUNG, Secretary of State. • ACTS SEVENTEENTH GENERAL ASSEMBLY, CHAPTER LrI. COMPE1S_ATION OF CERTAIN OFFICERS IN CITIES. .1N ACT requiring that officers in certain cities may e- rl F. SOS. ceive a fixed compensation, and that all fees now allowed such officers shall he paid into the treasuries of such cities. 313 .Be a enacted 6y the General Assembly of the State of Iowa: SE."rIoN. 1. That all cities of the first class, organ- officers to re- ceive salary ize{1 under the general incorporation law, and all cities instead of organized under special charter, may provide by or_ fees. dinance that all judges of police courts or other city courts, city marshals, chiefs of police, police officers, and all other officers elected or appointed, shall receive in lien of all fees now allowed by law or orjinance, such fixed Ealary, in monthly or quarterly installments as may be provided by ordinance, when not provided by law, which salary, where it shall have been fixed, shall not lee increased or diminished during their terms of flfljcl3. (4O) 314 No oflccr shall receive othercompen-eeive, for his own use any tees of other compensation sation than salary. tor this services of such city, than that which shall be provided as contemplated in section one (1) of this act; but all such. fees as are now or lnay hereafter be allowed by law for such services, shall, by such offi- cer, when collected, be paid into the city treasury, at such time and iu such manner as may he prescribed by ordinance. Bo -pealing SEc. 3. All acts and parts of acts in conflict lhere- c : use. Yi oviso, a 11 with are hereby repealed; Provided, That the intent fe; s received to be paid into of' this act is not to abolish. any fees now allowed by -Luc, ry. LAWS O]'' 1041 A SEC. 2. No such officer of any such city shall re - law, but to require the salve to be paid into the city treasury. Publication. SEC. 4. This act being deemed of immediateimpor- tance, shall take effect and be in force from and after its publication in the Iowa State Register, and the Iowa State Leader, newspapers published at Des Illoines, Iowa. Approved March 18, 1878. I hereby certify that the foregoing act was publish ed in the Iowa State Register, and Iowa State Leader. March 19, 1878. JOSIAH T. Y OTTNG, Secretary of State. ...1 N [7I•' 1V1/41i.1. A[JTTS OF EIGHTEENTH GENERAL ASSEMBI.,Y. CHAPTER. XXIV. RELATING' TO CITIES 011[:.:1N1ZED UNDER SPECIAL CHARTERS. AN ACT relating to cities organized and existing under II. F ■ special charters, conferring additional powers and amending the charters of such. cities in certain respects. [Additional to chapter 10, title IV, of the Code : " of • cities and incorporated towns."] Be it enacted by the General Assembly of the State of Iowa : SECTION 1. That all cities in this State organized To p,. a yid, aI][1 existing under special Charters, l;llall have power opeinrtn:tehute. abyp- the council, or toprovide by ordinance for the alip)intinent of a city ulectioci I,y tl]c peoRIk , of rnarshal by the council of saeii city, or for the election achy marshal. of such officer by the electors thereof, or may dispense may dispense with such officer, and confer the duties pertaining with marshal. thereto upon any other officer or person. 315 27I. SEC. 2. This act, being. deemed of inun.ediate im- portance, shall take effect and be in force from and after its publication in the Iowa State Register and Iowa State Leader, newspapers published in Des Pubu cat i o n Moines, Iowa, section thirty-three (33), of chapter clause. three (1), title one (1) of the Code, to the cont rary notwitllstaInding. Approved, March 9, :880. I hereby certify that the foregoing act was publish- ed in the Iowa State Register and Iowa State Leader, March 11, 1880. J. A. T. HULL, Secretary of State. 314; i.AWS OF' IOWA, CHAPTER LTII. RELATIVE TO TOWN OR CITY LOTS. AN ACT to provide that landsto be laid out into town or H, VI lots shall be free from incurbrance, or that security shall be given against such incumbrance, and that such lots when thus laid out shall be accurately described relative to some established corner of the congressional division of which they are a part, and repealing chapter 25 of the laws of the Fifteenth General Assembly, and chapter (i3 of the laws of the Sixteenth General Assembly. Be it enacted by the General Assemblyt of the State of Iowa: Persons 1 a,'- SECTION- 1. That whenever any person or coI'pora- ing out lands into town or tion shrill lay out any parcel ot land into town or city wit' lots to pa+eates t h cure certi-at lots in accordance R� i tl1 chapter 1`?, title I of the Code. fic tarum hey areincufreem- such person shall procure from the treasurer of the hranee' county in which the land lies acertrhed statement that the land thus laid out into lots, streets and alleys is free from taxes, and shall also procure a certified state- ment from the recorder of such county, that the title in fee to said land is in such proprietor, and that the same is free from ever} ineumbraance; which certified Ft1ed with re -statements shall both be filet with the recorder before corder. the plat of said town or city lots shall be admitted to Proviso, shall record or be of any validity: Provided, however, that ncuotmmbreetanin-ceif' the parcel of land so laid out shall be incumbered twoyea suaa«•ith a debt certain in amount, and which will tall amount when dice not more than two years after the making of the Pull payment has been ten -affidavit Hereinafter provided for, and which the credi- dered. tor will not accept with accrued interest to the day of proffered payment, it it draws interest, or with a te- bate of interest at the rate of six per cent.tun per an- nmu if itdrawsno interest or if' the creditor cannot be found, then such proprietor, and if a corporation its prouer,officer or agent, may file with the recorder of propr, t 'f such county his affidavit, stating either that Snell proprietor. LAWS of IOWA. 317 proprietor, has offered to pay such creditor the full amount of his debt, with interest or with a rebate of interest, as the case may be, and that such creditor would not accept the same, or that such ereditor can- not he found, whereupon such proprietor Ina]y execute executProprieteHottor taU . a bond double the arinonnt of such incuinbrance with three sureties who shall be freeholders of the county, to lie approved by the recorder and clerk of the county, which bond shall run to the county, anil shall be for the benefit of the purchasers of any ot such town or city lots, and shall be conditioned for the payment of such inctilnbrauce and the cancellation thereof of record as soon as practicable after the sane becomes due and for the holding of all such purchas- ers and those e aiming tinder there forever harm- less ti•oII- such incurnhranee; and when such a.flidavit and bond shall have been filed with the recorder to- File Mond and certificate o f gether with a. certificate of the treasurer that said land curer kounty ith trca� re is free from taxes, and the certificate of the recorder corder. that the title in fee to said land is in such proprietor, and that the satrle is free from all incumbrance except tliai,t secured by said bond, said plat shall be admitted to record, and be equally valid as if such proprietor had filed with the recorder the certificate of such re- corder that said land was free from all inctl nbrancc. SEC. 2. All the certificates, affidavits and bonds Cert.ifi cute s, affidavits and provided for in the preceding section shall be record- tion recneord- c ed 3n con eel in connection with the plat to which they relate In tionwithplat. the office of the recorder before the said plat or the record thereof shall be of any validity. 8E0.3. The record and plat of every town, or city. Record a I1 d that. to show or addition thereto, which may be thus laid out., shall hearing- a n d distance, 'from give the bearing and distance from soIlle. corner of a goruea�ccrn.m e n t ro lot or block in said town or city, or part thereof, to some corner of the congressional division of which said town, city, or addition is a pa_ t. 318 LAW: of annNot exation to adYectof ST.:C..4. The provisions of this act shall not pre- (c) t i rotornys vent the annexation of contiguous territory to cities t rr when. and towns under sections 426, 427, 428 and 129 of chapter 10, title 4 of the Code, and chapter 47 of the laws of the Sixteenth General Assembly, as amended by chapter 169 of the laws of the Seventeenth General Assembly. Chapter 'SEC. 5. Chanter 25 of the laws of the _Fifteenth_Fifteenth13th C. A. anndd lath hap [3, A. te'•63,General Assembly. and chapter 63 of the laws of the re- pealed. Sixteenth General Assembly are hereby repealed. SEC. 6. This act, being deemed of immediate im- portance, shall take effect from and after its publica- tion in the Iowa State Register and Iowa State Leader, newspapers published at Des Moines, Iowa. Approved March 16, 1880. I hereb certify that the foregoing act was publish- ed in the Iowa State Register and Iowa State Leader, 'March 20, 18So. Publication. J. A. T. MILL, Secretary of State. CHAPTER CXIX. LEGALIZING CERTAIN GRANTS BY DLBL'[t[:E '1'U ]TIDE Sr WEST IDi IBLQUE STREET It. R. C][11tifPANY. Sub. s. F, 210. AN ACT to legalize an ordinance of the City of Dubuque, granting certain privileges to the Hill & West Dubuque Street Railway Company. W IIF;REA s, (ihi the 28th day of April, 187T, the Preamble. Right of way City Council of the City of Dubuque passed an ordiu- streetsCert1un aiice granting the right of way over certain streets of said city to the Hill &West Dubuque Street Railway, for the railroad of said company, in terms and eondi- t.ions in said ordinance specified; and. 1 i 4. LAWS OF IOWA, 31 S3 WHERE As. Said cold pally has acted on said ordin- ance, and at great expense has constructed its railway and Deer said BtrP.Bt9. along and over the streets of said city mentioned in said ordinance, and has been, and is now, operating its railway over the same; and, WHEREAS, Doubts have risen whether said council had power to pass said ordinance at the time it was passed, and it is desirable to remove such doubts and to validate the right of said company to the privileges and rights conferred on it by said ordinance; there- fore, Be it enacted by the General..asrrnbly of the Slate of Iowa SECTION 1. That the ordinance of the City Council Legalizing of the City of Dubuque, passed April 28th, A. D. clause. 1877, granting to the Ilill & West Dubuque Street Railway Company right of way for its railroad on certain streets of said city, mentioned in said ordi Hance, be and the same is Hereby validated and made as effective in law as if said council had full power and authority to pass the saline at the time said ordi- nance was passed. App] overt, March 24, 1880. CHAPTER CiX. R]:LATIVE TO EQ1:AL]'J.ATION OF PROPERTY. AN ACT to amend section 831, chapter 1, title 6 of the Code H. F•, 267. of Iowa in relation to Boards of Equalization. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 831 of the Code of Iowa code, sec. 531 he amended as follows : by adding to the end of said p al t o ti words : "Within sixty section 831 the followintakengy days days . I n 0 da. after the adjonrnrnent of such board of equi]ization but not aftern-ard," LAWS OF IOWA. Assessor to SEC. 1, The sa,ssessor shall. before administering inform parties ofna anmoati nfy t the oath or afiirination as is provided in section 894 a l ar' ; f a of the Code to the person assessed, inform him of the grieved. valuation put upon his property, and notify him that if lie feels aggrieved to appear before the board of equalization and show wily the assessment should be changed. Duty of board SEC. 3. At the first meeting of the board of Ninth - of equalisa- tion. zation of any township, town, or city, they shall de- cide what assessment should in their opinion be raised, and make an alphabetical list of 'lames of the indi- viduals whose assessment it is proposed to raise, and post a copy of the same in a conspicuous place in the office or place of meeting of said board and also in each postoffice located in said township, town, or city, and the board shall, if in their opinion some assess- ments should be raised, hold an adjourned meeting with at least one week intervening after hosting of said notices before final action thereon, which notices shall state the time and place of holding such adjourn- ed mooting. T'ublicntou. SEC. 4. This act, being deemed of immediate impor- tance shall take effect and be in force from and after its publication in the Iowa State Register and Iowa State Leader; newspapers published at Des Moines Iowa. Approved, March 24, 1880. I hereby certify that the foregoing act was publish - ad in the Iowa State Register and in the Iowa State Leader, April 1, 1880. J. A. T. IILTLL, Secretary of State. Laws OF [OWA. CHAPTER CLI. STATE BOARD OF HEALTH AND VITAL STATISTICS. 321 AN ACT to Establish a State Board of Health in the State sub, s. �, s. of Iowa, to provide for collecting Vital Statistics, and to assign certain duties to Local Boards of Health, and to punish neglect of duties. Be at enaetcd by the General Assembly of the State of Iowa SECTION 1. That the governor, with the approval i Apbo tent of the executive council, shall appoint nine (9) per- sons, one of whom shall be theattorn.ey-general of the State (by virtue of his office), one a civil engineer, and seven (7) physicians, who shall. constitutea State Board of health. The persons s❑ appointed shall hold their Terms of Tice, office for seven (7) ye€t'rs : Provided, that the terms of office of the seven physicians first appointee] shall be so arranged by lot that the terns of one shall expire on the thirty-first (31st) day of January of each year ; and the vacancies thus occasioned, as well as all other vacancies otherwise occurring, shall he filled by the governor, with the approval of the executive council. SEC. 2: The State Board of .Flealth shall have the Power of board. general supervision of the interests of the health and life of the citizens of the State. They shall have charge of all matters pertaining to quarantine they shall supervise a state registration of marriages, births and deaths, as hereinafter provided ; they shall have authority to snake such rules and regulations and such sanitary investigations as they play, from time to time, deem necessary for the preservation or improvement of the public Health ; and it shall be the duty of all police officers, sheriffs, constables, and all other offi- cers of the State, to enforce such rules and regulations so far as the efficiency and success of the board may depend upon their official co-operation. (41) of- nutieg of Sr:r. 3. T]ie clerk of the district and circuit clerks of courts. cola]'N of each of the several couIit.ies iIi the State shall be required to keep separate book for the regis- tration of the names and post —office address of physi- eiaans and niklwives, for births, for marriages and for death, which record shall show the names, date (.i't birth, ikcatli or marriage ; the naives of parents and sex of the child, when a birth, and when a death, shall give the age, sex and cause of death, w_ `u the date of the record, and the naive o[ the person furnishing the in - Books shall be fol'niatioI1. Said hook !;seals always be open for inspee- open for in- pection. tloli without fee ; and the clerks of said courts shall be regiiired to render a full and complete report of all births, marriages and deaths to the secretary of the board of health annually, on the -first day of Octohei of each year, and at such other times as the board may direct. Report. I3ntiCS of state Src. 4. It shall be the duty of the hoard of health bound. to prepare siich forms for the record of births, niarri-- ag'es and deaths as they may deem proper ; the said forms to be furnished by the secretary of said board to the clerks of the district • and circuit courts of the several counties, whose deity it shall be to furnish there to such persons as are herein required to make reps )rt.s. hysic of pcians STC. :.. It shall be the duty of all physcians and hgsi and midwives. midwives in this State to register their names and post -office address with the clerk of the district and circnit courts of the county where they reside ; and said physciaans and midwives shall be required, under Penalty for penalty of ten dollars ($10), to be recovered in any fkilure. Statesnit court. of competent jurisdiction in the at of the clerk of the courts, to report to the clerk of the courts within thirty (30) days from the date of their occurrence, all births and deaths —which may I nl a nl i owA. 3? ,colne under their supervision, with a certificate of the canse of death, and such other facts as the sward may reluire, in the black fbrius furnished, as herein- after provided. SEC. 6. When any birth er death shales take Parent to re- port, when. place, no physician or midwife being in attendance, the Bailie shall be reported by the parent to the. clerk of the district and circuit courts within thirty (30) days from the date of its occurrence, and if a death, the supposed cause of death, or, i F there be no parent by the Nearest of kin not a minor, or, if none, by the resident house -holder where tile birth or death shall have occurred, under penalty provided in the prcc.ed- ing section of this act. Clerksof the district and eir- Clerks to re- port to N.eere- cuit courts shall a:s nually, on the first day of October �arL <l.of stag hoilr of each year, send to the secretary of t.lie State Board of Health a statement of all births and deaths record- ed in their offices fiar the year k)reced:ng said date, un- tler a penalty of twenty-five dollars ( ,2ri) in case of fitilure. SEC. 7. The coroners of the several counties shall Coroners shalt report to the clerk of the courts all cases of death report. wllicli may come under their supervision, with the cause or mode of death, etc_, as per form furnished, seeder penalty as provided in section 5 of this net. Src. 8. All amounts recovered under the penal-sPedal ties of this act shall be appropriated to a speeiial fund I'or carrying out the object of this law. SEO. 9. The first ineeting of the board shall be obireetinylgunizatiws vats within twenty days after its appointment, and there -of board. after in Dlay and November of each year, and at such other times as t.lie board shall deem expedient. The November meeting shall be in the city of Des Moines. A majority of the members of the board shall consti- tute a quorum. They shall choose one of their /rum-. fund. 324 Election salary of retary. Biennial re- port to the governor. 35,000, annual- ly appropri- ated. LAWS OI' LOWA. ber to be president, aid shall adopt rules and by-laws tor their government, subject to the provisions of this act. Luea SEC. 10. They shall elect a secretary, wlio shall perform the duties prescribed by the board and by this act. He shall receive a salary, which shall be fixed by the board, not exceeding $1,200 per annum. He shall, with the other members of the board, re- ceive actual traveling and other necessary expenses in- curred in the performance of official duties ; but no other member of the board shall receive a salary. Then the president of the Board shall quarterly certify the amount due the secretary, and on presentation of said certificate the auditor of State shall draw his war- rant on the State treasurer for the amount. SEC. 11. It shall be the duty of the board of health to make a biennial report, through their secretary or otherwise, in writing, to the Governor of the State, on or before the first (1st) day of December, of each year preceding that in which the General Assembly meets; and such report shall include so much of the proceedings of the board, such information concerning vital statistics, such knowledge respecting diseases, and such instruction on the subject of hygiene as may be thought useful by the board, for dissemination among the people, with such suggestions as to legis- lative action as they may deem necessary. SEC. 12. The sum of five thousand dollars ($5,000) per annum, or so much thereof as may be necessary, is hereby appropriated to pay the salary of the secre- tary, meet the contingent expenses of the office of the secretary and the expenses of the hoard, and all costs of printing, which together shall not exceed the suns hereby appropriated. Said expenses slia]1 be certified and paid in the salve manner as the salary of the sec - LAWS of IOWA. 325 retary. The Secretary of State shall provide rooms 8,t me ' oT provide suitable for the meetings of the board and office -room rooms. for the secretary of' the board. SE°. 13. The Mayor and aldermen of each ineorTora- ted city, the Mayor and Council of any incorporated town or village in the State, or the tr ustees of any township, shall have and exercise all the powers and perform all the duties of a hoard of health within the limits of the cities, towns and townships of which they are officers. SEC. 14. Every local board of health shall appoint a competent physieiarr to the hoard, who shall be the health officer within its jurisdiction, and shall hold his office during the pleasure of the board. The clerks of the townships and the clerks and recorders of cities and towns shall be the clerks of the local boards. The local boards shall also regulate all fees and charges of persons employed by them in the exe- cution of the health Jaws and of their own regula- tions, local board of health in each city or incorporated town or village in the State, at leastorice a year to report to the State board of health their proceedings, and such other facts required, on blanks and in accordance with instructions received from said State board. They shall also make special reports whenever required to do so by the State board of health. SEC. 16. Local boards of health shall make such Regulation ro- regulations respecting nuisances, sources of filth and saluces.sectg nu1- causes of sickness within their jurisdiction and on board any boats in their ports or harbors as they shall judge necessary for the public health and safety; and penalty for if any person shall violate any such regulations, he `` altEi ;«, reg- � ulutiane, Mayors, alder- men. trustees, local hoards of health. Local boa r d s appoint physi- clans and reg- lato fees. SEc. 15 It shall be the duty of the health physician Report of phyd - of every incorporated town, and also the clerk of the cclerkaofn iaoncar hoards. ISA 326 LAWS OF lOWA. shall forfeit a sum of not less than 'twenty-five dol- lars ($25) for every day during which he knowingly violates or disregards said rules and regulations, to be recovered before any justice of the peace or other court of competent jurisdiction. I7aarnty<ia. of local SEC. 17. The board of health of any city or incor- porated town or village shall order the owner of any property, place or building (at his own expense) to remove any nuisance, source of filth or cause of sick- ness found on private property, within twenty -Four (24) hours, or such other time as is deemed reasonable, Penal t y f o r after notice served as hereinafter provided; and if the refusing to abate nu l• owner or occupant neglects to do so, he shall forfeit o sauce. slim not exceeding twenty dollars ($20) for every day during which he knowingly and willfully permits such nuisance or cause of sickness to remain after the time prescribed for the removal thereof. Power of local SEC. 18. If the owner or occupant fails to comply board. with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby shall be paid by the owner, occupant or other person who caused or per- mitted the same, if he has had actual notice from the board of health of the existence thereof; to be recov- ered by civil action in the name of the State before any court having jurisdiction. To purify Sno. 19. The board, when satisfied upon due ex - dwellings' arnination, that any cellar, room, tenement, or build- ing in its town, occupied as a dwelling -place, has be- come, by reason of the number of occupants, or want of cleanliness, or other cause, unfit for such purpose, and a cause of nuisance or sickness to the occupants or the public, may issue a notice in writing to such occupants, or any of them, requiring the premises to be put in proper condition as to cleanliness, or, if they see fit, requiring the occupants to remove or quit i LAWS OF IOWA. 327 the premises within such time as the board may deem reasonable. If the persons so notified, or any of them, o cupants. v e neglect or refuse to comply with the terms of the notice, the board may cause the premises to be proper- ly cleaned at the expense of the owners, or may re- move the occupants forcibly and close up the premises, and the same shall not again be occupied as a dwell- ing -pace without permission in writing of the board. SEC. 20. Whenever the board of health shall thi nk e an e n t. e r place, building it necessary for the preservation of the lives or health mo�-e nr eseelor topre re- - of the inhabitants to enter a place, building or vessel vent nuisance. in their township, for the purpose of examining into and destroying, removing or preventing any nuisance, source of filth or cause of sickness, and shall be re- fused such entry, any member of the board may make complaint, under oath, to any justice of the peace ot his county, whether such justice be a member of the board or not, stating the facts of the case, so far as he has knowledge thereof. Such justice shall thereupon Snsticewarraneb a 11t l issue, issue a warrant, directed to the sheriff or any con- stable of the county, commanding hire to take suffi- cient aid, and, being accompanied by two or more members ot said board of health, between the hours of sunrise and sunset, repair to the place where such nuisance, source of filth, or cause of sickness com- plained of may be, and the same destroy, remove, or prevent, under the direction of such members of the board of health. Svc. 21. When any person corning from abroad, T o guard against small - or residing within any city, town or township within Pox ctsanousa odtheris iufe- this State, shall be infected, or shall lately have been °uses• infected with small -pox, or other sickness dangerous to the public health, the board of health of the city, town or township where said person may be, shall make effectual provision, in the manner in which they shall judge best, for the safety of the inhabitants, by 328 LAWS OF IONA. Shall pro -vide removing such sick or infected person to a separate for infected persons. house, if it can be done without damage to his health, and by providing nurses and other assistance and sup- plies, which shall be charged to the person himself, his parents or other person who may be liable for his support, if able; otherwise at the expense of the county to which he belongs. Makenfox infpmcctv-is-- SEC. 22. If any infected person cannot be removed io hen can°not without damage to his health, the board of health shall be mowed. make provision for him, as directed in the preceding section, in the house in which lie may be, and in such. case they may cause the persons in the neighborhood to be removed, and may take such. other measures as may be deemed necessary for the safety of the inhabi- tants. Anticsof jus Siw. N. Any justice of the peace, on application t•ices of h peace. under oath slowing cause therefor by a local board, or any member thereof, shall issue his warrant under his hand, directed to the sheriff or any constable of the county, requiring hind, under the direction of the board of health, to improve any person infected with contagious diseases, or to take possession of condemn- ed houses and lodgings, and to provide nurses and at- tendants, and other necessaries for the care, safety and relief of the sick. Meetings and SEc. 24. Local boards of health shall meet for the boards. transaction of business on the first Monday in report of local May and the first Monday in November of each year, and at any other time that the necessities of the health of their respective jurisdictions may demand; and the clerk of each board shall transmit his annual report to the secretary of the State hoard of health within two weeks after the November meeting. Said report shall embrace a history of any epidemic disease which may have prevailed within his district.. The failure. LAWS OF IUWA. of the clerk of the board to prepare, or cause to be prepared, and forward such report as above specified, shall be considered a misdemeanor, for which he shall be subject to a fine of not more than twenty-five dol- lars (825). 329 SEC. 25. All laws in conflict with this act are Repealing clause, ]hereby repealed. Si,.a.26. This act, being deemed of immediate im- Publication. portance, shall take effect and be in force from and after its passage and publication in the Iowa State Register and Iowa State Leader, newspapers pub- lished at Des Moines, Iowa. Approved March 26, 1880. I hereby certify that the foregoing act was publish- ed in the Iowa State Leader, April 1, and in the Iowa State Register, April 3, 1880. ,T. A. T. HULL, Secretary of State. (42) 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 temporarily suspended by the consent of three -fourths of the aldermen present. RILE 2. The City Council shall meet regularly on the first Monday of each month, at 9 o'clock A. M., except the month in which a general city election is held for aldermen and city offi- cers when the regular meeting for such month shall be held on the following Thursday. RULE 3. Special meetings of the council may be called at ally time by the Mayor, or in his absence by the president pro tem., by giving to each member reasonable notice of such meet ing, 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. RULE 4. The Mayor, when present, shall preside at meetings of the council, and shall have the casting vote and no other. Rvr,n 5. At all meetings of the council, a majority of all the aldermen elected shall constitute a quorum to do business, but a 332 RULES OF ORDER. minority may adjourn from day to day, and compel the attend- ance of absent members, by a fine of not to exceed ten dollars for Each and every such offense. RL LE 6. At the hour of meeting, the members shall be call- ed 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 he present. If made necessary by the absence of the Mayor and president pro tem., the members present may elect one of their number presi- dent for the occasion. Upon the appearance of a quorum, and being duly organized, the council shall proceed to the business before there, which shall be conducted in the order following : 1st. Reading the minutes of the last meeting —amendment and approval of the same. 2d. Presentation of petitions and communications. 3c1. 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 without leave of the president. RULE 10. Every member, when desirous of speaking, shall rise from fiis seat, address himself to the Mayor and say` :.Mr. .Preeiden.t," but shall net proceed with his remarks until recog- nized and named to the chair. xrrr,Es Ole ORvER. 833 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. Runs; 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 decision of the chair shall be conclusive; but if the member appeal from the decision of the chair, the council shall deci ie on the case without debate. RILE 15. All 'notions and resolutions shall be reduced to writing, if required by the president or a member, and when seconded and stated by the chair, shall be open for consideration; and no motion or resolution can be withdrawn after it shall have been amended or decided. RULE 16. Every member who shall be present when a ques- tion is stated from the chair, shall vote thereon, unless excused by the 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 division, 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 names of 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. RULr..1'9. When a• blank is to be filled, and different suinis and terms are proposed, the question shall first be part upon the largest sun and longest time. iLI-r•n 20. Motions on the subject under consideration, shall have precedence in the following order: 334 RULES LEA+ O1 ORDER. 1st. To lie on the table. 2d. To postpone. 3d. To commit. 4th. To amend. IZur.>, 21. A motion to adjourn shall always be in order, e - cept 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. Ruiz. 2.2.. 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, pre- clude all amendments on the main question. Rr-LE 23. The "previous question" shall be as follows: "Shall the main question be now put?" Itz-LE 21. A motion to reconsider shall not be entertained, except on the salve day, or at the next succeeding regular meet- ing 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. RunE 26. Standing and select committees shall in all eases report in writing. All reports of committees shall be addressed, "To the Mayor and Aldermen," or the "City Council" of Du- buque.• It.t`r.r: 27. The standing committees shall be appointed annu- ally, and the person first named on the committee shall be chair- man thereof. The following shall be the standing committees, to -wit lst. On finance. 2d. On ordinances. 3d. On claims. 4tlr. On streets. i 1 RELES OF ORDER. 335 5 th. On harbors. 6t]i. On markets. 7th. On public, grounds and 1 uildings. 8th. On printing. 'nth. On fire department. loth. On police and gas. llth. On delinquent tax. RULE 28. All appointments to office by the council shall be by ballot or viva 7'oce, as the council shall determine, and a ma- jority of the mernbers present shall be necessary to a choice. ItLLE 29. All ordinances or by-laws of a general or perma- nent nature shall be fully and dist.ine.tly read at two regular meetings of the council, before their final passage. No ordin- ance shall contain or relate to more than one subject, which shall be clearly expressed in its title. RIFLE 30. The City Recorder shall direct all papers to appro- priate committees and officers, as early as the next day after the reference shall have been made, and the Marshal shall deliver the same. The Recorder shall attend all meetings of the coun- cil. Itur.E 31. The Marshal 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; shall make and enforce rules for its government; compel the attendance of absent members, when necessary; punish for disorderly conduct; and by a vote of two-thirds of the aldermen elected may, at their discretion expel any member. But if such member be re- elected to fill the vacancy occasioned by such expulsion, he shall not again be expelled for the same offense. RULE 33. No personalities or reflections injurious to the feel- ings of any member, or the harrnony of the council, shall be tolerated, and every person indulging in such personalities shall be called to order by the chair. NO. 1. INDEX TO ORDINANCES. (See No. 2, for Charter, Laws and Rules of Order.) ADDITIONS —To CITY. REGULATING. sEr rzarr. PAGE. Council to approve. 1 234 Plat to be furnished city 2 235 Penalty for violating ordinance. . . . ...... 3 235 ALLEYS —IMPROVEMENT OF. (See Streets and Alleys.) Vacation of. 15 180 Obstruction of.. 13 83 ANIMALS —RUNNING AT LARGE. Cows restrained .................... 4 155 i. Fees of Marshal.... 3 165 1. 1' Interference with pound punished 6 156 I I• Prohibited from running at large.... 1 154 found........... 2 154 Sale of animals by Marshal.................... 5 1156 Redemption before sale........ 6 156 Resisting Marshal... 7 I S6 ASSESSOR. — Elected each year. ................... I 35 Duty of (See taxes, assessment and collection, of.) ASSESSMENT— ( See taxes, assessment and collection of. ) ASSESSMENT —SPECIAL. (See streets and alleys —also sewers.) ATTOR_NE Y—CITY, Duties... 1 31 Must be Licensed to practice Law......... ••••2 32 AUCTIONEERS — License, $25.00, Bond, $1,000.................... 8a 58 Must have license 8 58 Obstructing streets by sales punished 8e 58 Report saes to Treasurer monthly .............. (43) 8h 58 338 INDEX To [11t1-1Iti,1 .OES• SECT ION. PAG-E AUJ3ITOR— Accounts adjusted by Charge Treasurer with special tax....... Charge Treasurer with special tax for sewers....... ,... . Deliver books to Assessor..... Deliver tax books to Treasurer. , ..... Duties of Auditor.. . Equalization Committee, clerk of..... , . •.. . General accountant, . . Give notice that assessment books are open to inspection Keep accounts with Treasurer, .. , •..... . Keep separate accounts with different funds..... — May .... correct clerical errors.... .......... . • ....... •• Mark on tax books land "sold" Not to purchase at tax .....................sale......... Redemption certificates made by....... Reports made by Tax sale shall attend ..... .................. . ... . .. . • .... BATHING —IN IIISSISSIPPI IRIVElt. Prohibited, when.... BILLIARD TABLES -- Keeping witi:out license punished License amount. , ...... .. , . • .. . .......... . Minors not to play. . ................ ................... . BIRTHS, DEATHS, BURIALS AND CONTAGIOUS DISEASES—IiE01STRAT10N OF. Births reported.. ................ . .............. ........ Burial permits._ ........ • ........ Burials reported.......................................... Contagions diseases reported........... Penalty for violating ordinance........ Recorder's report.... Repotted to Recorder....... Transportation................. ....... ........ ........ BLASTING IN CITY — In city limits prohibited.......„... „ ......• ..... • . , . Penalty for blasting after notice to quit • • • . BOARD OF Hl]ALTH— Boardof Health... ,..... • . ............................. . Boats forbidden to land, -when.-- ..................... . Boats, inspection of..... , • •..... , . . City hospital_ . ............ ................. Contagious diseases reported ......... Duty of board_ , . ............ 4 30 13 76 13 231 1 99 31 108 2 29 25 I06 1 29 26 106 51 112 3 30 32 108 33 108 66 117 6 31 72 118 5 30 64 11.6 29 93 12 61 12a 61 12b 61 1 170 3 170 -1 171 2 170 8 171 7 171 6 171 5 171 1 214 2 214 1 147 11 150 10 150 6 149 4 149 2 14S INDEX TO [i] DINA:W 5, SECTION, PAGE. BOARD OF HEALTH —CONTINUED. Ferry boats.... I2 150 Health officers •........... ..... ,............ 7 1-19 Health officers, duty of. _ ................................ 8 150 Ilealtlr officers, neglect of duty punished. ......... . ...... 9 150 Hospital provided ....... ................. 3 148 Hospital use of,... ..... ...•...... 14 151 Marshal to obey 5 149 Rafts, skiffs. etc— . .......... 13 151 BONDS —OFFICIAL. A]1 officers to give.... 5 16 Approved by Council • 1 17 Filod with Recorder . . .......... „ 18 BOUND ARIES— { See Wards.) BOWLING ALLEYS — Proprietors to pay license... , 12a 61 Penalty for keeping without. license ................ 12 61 Permitting minors to play, punished. • ......... , 12b 61 BRIDGES — Driving over fast, punished.... 164 BROKERS — License.... 9 59 BURIALS —TO BE REPORTED. (,,See births, deaths nvd b1 rusts.) BUILDINGS —FRAME. Prohibit_edin fire district BUILDINGS AND WALLS —DANGEROUS. Chi mrley s and dues ....... . . . ............................ 1.7 140 Chimneys, potto be built in Ioft.... 19 140 City Engineer, duty ot, in relation to............ 4 137 Dangerous buildings and walls, prohibited.. • ,..... • 136 Doors....................... ......•......,......,.,,...., 1 136 Foundations 7 137 Heading courses ....... .................•.•........,.....• 13 139 Ordinance not retrospective, • 22 142 Penalty for using condemned public buildings..... 5 137 Penalty for building chimneys in loft... 18 141 Party walls of brick.. • .... •...... . ....... . ....... . ..... 6 137 Public buildings changed in ninety days . ....... . .. 20 142 Plans filed with Engineer. 21 142 Roof trusses of wood. 15 140 Theatres............................................. 3 136 Stairs. ........ . .......................... 2 186 2 180 340 INDEX 'ro [11tD NOES. BUILDINGS AND WALLS- CONTINUED. Stairs for public buildings Walls, thickness of.... Walls, thickness of upper.... Walls, thickness for public buildings Walls, thickness of brick Walls, thickness of tire proof partition Wooden columns— ..... ........... CATTLE —RESTRAINED. ( See Animals.) Slaughtering in city, prohibited...... CHARGES —AGAINST OFFICERS. Charges against Mayor............ Council to hear complaint.... Complaint to be in writing......... ....... Not to include appointed officers........... Officers may be expelled.... Recorder to record complaints......... Removal not to exempt bond.... Time for trial ............ CIIIEF ENraINEER— (See Fire Department.) CHIMNEYS AND FLUES — (Sec Buildinggs•) CITY AUDITOR — (Sec Auditor.) CITY ATTORNEY — (See Attorney.) CIT Y COUN CIL ( See Council.) CITY ELECTIONS — (See Elections.) CITY ENGINEER -- (See Engineer.) CITY MARSHAL — (See 3f arsha t. ) CITY POLICE — (See Police.) CITY RECORDER — (See .necorder. ) CITY TREASURER — (Bee Treasurer.', CITY SCALES — (See Scales.) SECTION. 1'• •IIE. 10 140 8 137 9 138 10 138 11 138 12 139 14 140 1 143 6 55 2 54 3 54 7 55 1 53 5 55 7 55 4 54 INDEX To t) aDDINN(.Es. 34I COMMISSIONER OF STREETS --- (Sec Street Cer71bi55io»er.) COMMISSION ERS—To AS61 SS DAMAGES, For appropriating private property for sewerage purposes 2 221 For changing grades.... 7 B8 COUNCIL--crrr. SECTION. PAGE. Additions to city, approved by....... . ......... . . .... .. 1 234 Appeal to Council from Equalization Committee....... 27 107 Alleys improved by resolution of 1 73 Bids received and opened by 4 74 Bids advertised for, for sewer work.... 3 228 Board of Iiealth, Council are... ... 1 147 Buildings, frame. may permit in fire district............ 3 130 Chief Engineer and assistants, appointed by 4 125 Contracts made by committee, approved by........ 2 153 Contractors order drawn in favor of, by 6 229 Commissioners, appointed by......... 2 221 Commissioners, removed by ................ 4 222 Equalization of Tax, Committee.... 25 106 Ferry, rates fixed by . 1 186 Fire Department, subject to 14 128 Filling of lots, may order.... 1 79 Grading, to order... 8 77 (as, price of, regulated by 5 182 Hydrants, to fix number of 3 158 Health officer, appointed by 7 149 Inspector of oils, appointed by 2 217 Inspector of wood, appointed by 1 50 Inspector of Weights and Measures, appointed by 1 38 ,l urors, to fix compensation of, when 2 132 Marshal, appointed by 1 233 Marshal, may be removed by 3 234 Market Master, appointed by 1 40 Police, appointed by 1 93 Regulate trains on D. L. 4.t M. R. R 7 Salaries of officers, fixed by fi Sewers, constructed by resolution of Council 1 Special tax for sewer, to levy 8 Special tax for streets, to Ievy 11 Steam Co., regulations made by... 4 Street Cars, regulated by........... „ 7 Tax levied in September of each year, by. , , _. , , 29 Tax, direct Treasurer to refund, when Water limits, 8 fixed by ....... 2 ........................... S 191 16 227 229 76 216 193 107 I13 107 342 INDEX TII OROINAXCEt. SECTION. 1'Af.:Lr. CONDUCTORS TO EAVE SPOUTS — (.See eave spouts.) CONTAGIOUS DISEASES —TO BE RETORTED-- ( See Births, Deaths and Contagious Diseases.] Cows — Restrained CRIME'S-- (See offenses.) DAMAGES --- Caused by changing grades.... ............. .. • Commissioners to assess Drains, taking property for, commissioners to assess2 221 DEAD ANIMALS — Nuisance. abatement of DEATHS —TO BE REPORTED. ( See births, deaths, etc.) DEBT OF CITY —SETTLEMENT OF. Bonds, amount of ....................................... . Bonds, new... ..... Committee to settle............ ........... ........ Compromise of............ Fifty per cent. of tax set apart to pa-y debt. ......... Settlement, completed in two years............ Trustees to give bond....... Vacancy in trustees fillea....... DEEDS, RELEASES AND CONTRACTS — Flow made by city.. ..... .......... ................ . Power of committe...................................... DEPUTY MAIISHAL—APPOINTED. (See Marshal.) DOGS—•rAxED. Dogs, unlicensed a nuisance....,. License, must have....... Marshal, to kill unlicensed Running at large... ............. •. • • • • • • . DRAINS AND SEWERAGE — Council, appropriate lands for construction of... Commissioners, to assess damages............ Council, confirm or annul report. ...... Conneil, may remove commissioners_ • . Surface water, not to be obstructed... ..... . What ordinance applies to DRAINS —CONNECTING WITH PUBLIC SEWERS Barriers and lights........... 4 15 7 6,3 144 8 3 17.3 1 175 2 175 4 176 6 176 5 176 7 177 1 152 2 153 w 153 I 153 2 153 3 154 2. 221 2 221 3 221 4 221 1 220 5 222 20 226 INDEX •r0, olt1,1NAxO]*. 343 SIECTION. PAGE. DRAINS —CONTINUED. Braces and sheeting, when used .............. • ........... 9 224 Catch basins, size of, etc........... 13 225 Catch basins, where built....... , 14 225 Curves used —clipped pipe prohibited.. .................. 25 227 Drain layer, to have permit 4 223 Drain layer, qualification of 5 224 Drain layer, to file bond. ................... Ei 224 Drain layer, not to allow his name used 7 224 Drains, left smooth and clean.... 16 225 Drain pipes, how laid............ 18 226 Drain layer, suspended when 26 227 Ends of pipe protected 12 225 Extension of, notice to Engineer 2 223 Engineer, notice to, of extension.. 3 223 Engineer to decide certain questions21 226 Excavations... g 224 Inclination of drains..... :''224 Information furnished drain layers............ ........ 24 227 Laid according to regulations. 23 227 Materials for, approved by City Engineer ................ 10 224 New connections, how made.... ...... 17 225 Permit for construction of 1 223 Privy vaults.... 15 225 Steam boilers, not to be connected with 2+2. 226 Streets to be left in good condition, 19 226 DR AYMEN— (See wagons and drays.) DRESSED HOGS — Fines 4 48 Hogs to be weighed... 2 47 Public weigher appointed .................... 1 47 Penalty for not weighing .. 3 47 Weigher, qualification of ................................ 5 48 Ordinance, when operative..... 6 48 DRIVING ON SIDEWALKS Prohibited.... 11 83 DUBUQUE AND DUNLEITII BRIDGE CO. — Granting rights to.... 202 EAVE SPOUTS — Conductors to, how constructed.... 1 215 Marshal to give notice ................................... 2 215 Penalty.... 3 215 344 iNiu-;x To [iiti)INANC -:S. SECTION, PAGE EATING HOUSES — (See Inn Keepers.) ELECTION S—CITY. Judges and clerks, appointed by Council. Judges to fill vacancy Neglecting duty by officers, punished Salaries of officers fixed by Council Officers to give bond Officers to take oath... Recorder to issue certificates to judges and clerks... , . . Terns of office .ENGINES R—cxrEr, (Bee fire depcn' rnent.) ENGINEER —CITY . 1 15 3 16 7 17 6 16 5 16 4 16 2 15 8 17 Appointment of, by Council 1 32 Building plans and specifications, to examine and approve... ... 21 142 Contracts to let, when... 10 75 Dutyof ...................................... 2 32 Give notice of improvement of streets 2 70 Grades, fixed by 5 33 Grades, prepare plans and profile of... ,.... .. 3 67 Grading, etc., done under direction of..... 9 75 Inspect buildings and report to Council 4 136 Permission from, to connect with sewers 22 226 Prescribe rules for laying drains 13 225 Present when certain work is bone 17 225 Plats to make... , 4 33 Plats, have charge of. 6 33 Plans and specifications, for sewers to make ........... . . 2 228 Record grades in Grade Book ...... 8 88 Receive notice of opening of streets for drains 2 223 Sewers constructed, to keep record of 7 229 Streets, plans, specifications and estimates for improve- ment of, to be prepared by.. Survey and plat streets Survey and plat proposed streets ENHIBITIONS— To pay license 16 65 EXPRESSMEN, HACK DRIVERS,. C.— Badge worn by Must wear badge... Penalty for not doing sc............... ....... ..... . .. . 2 3 1 3a :3 3b 73 33 69 66 66 66 INDEX TO ORDINANCES. 345 SECTION. PAGE. FERRIES—II.EoULATIONS OF. Acting without license punished....... 2 142 License from city 1 142 FERRY—nun-tit-2 TE AND DUNLEITEI. Hansen & Linehan contract. 185 Regulated by council 186 See Old Ordinances 183 FERIR,IES—EAGLE rorvT. Contract part of ordinance.... 3 188 Ferry established 1 187 Improvement of landing 2' 188 FILLING AND RAISING LOTS -- FINES— ( See Penalties. ) FIRE DEPARTMENT — Appointment of Chief Engineer and Assistant..... Cliief Engineer, command of Companies to be under Foreman Cards, dice and gaming, prohibited............ Council to control fire apparatus Department to continue as at present.. , .. Duties of Chief Engineer.... ......................... Duties of Assistant............ Duty of Chief....... Fire Department ... Insulting firemen punished Injuring property punished Liquor not to he sold firemen Marshal's duties. Not to run corning from Fire Pay of firemen Property of city not to be taken from city. ...... .. . ... . Public cisterns not to be left open.. FIRE DISTRICT — Frame buildings, prohibited in .. . Frame buildings, when allowed ......................... Frame buildings, when not to be improved or repaired.. Liinits of. Lumber yards prohibited in .... Lumber yards prohibited, when not to apply..... Penalty, violating ordinance... ..... ordinance.......................... Repairing of damaged buildings FIRES —PREVENTION OF. i3urning of shavings and straw prohibited 1 79 4 2 7 10 14 6 2 3 5 1 11 17 15 16 9 12 8 13 125 124 126 127 128 126 124 12.5 125 124 128 129 128 128 127 128 127 128 2 131. 3 130 4 130 1 129 7 131 8 132 6 131 ,5 130 2 135 34-ki 1\I1Ex T4) o1m1ivANCF:S. FIRES—CONTINI,*ED. Rendering of grease and lard regulated Straw or hay stacked in city, regulating... . . Stove pipes regulated SECTION. PAGE. FOUNTAINS —PUBLIC. Use of regulated.... ... GAMBLING HOUSES — Prohibited Keeping of punished.. , .... . GAMING -- Prohibited and punished OAS — Grant to company Grant, conditions of... Notice of acceptance Rights extended to November 5th 1887 Price of, regulated by council.. . . GRADES —FIXING AND CIIA1`GINO OF. Change made by Council........ g 68 Confirmed by Council..... 2 (17 Engineer to survey.... 3 6; Engineer to give notice to abutters........... 4 67 Damages, claims for 9 69 Damages, commissioners to assess 7 68 Grades established......... .......... ........... 1 67 Notice of change served 5 68 Report of commissioners, affirmed or rejected 8 68 GRAIN MARKETS — (See Markets.) GUNPOWDER — Dealers not to keep more than fifty pounds 2 132 Marshal to examine premises, when. 4 133 Powder not to be kept in city without permit1 132 Permit not to be given drunkard. q 5 E33 Removal of in case of fire 3 182 HACKS, CARRIAGES AND OMNIBU8— Charges to be made by l0c 60 License, must have........... 10a 59 Number of license on vehicle 10b 60 HARI3OR MASTER --- Appointed by Council 1 36 4 135 8 135 1 135 1. 234 54 92 Duty of Resisting punished HAY AND WOOD MARKET -- (See Markets.) 1 146 1 2 3 4 5 180 181 182 182 182 2 36 r 38 ; N. PCP [)11DI NA_ CES. HEALTH — ( See Board of _Health.) HORSES -- Hitching of, ......... . Leaving unhitched, punished Owners of runaway, punished... ...... IrOIts ES--1tUNNINC. AT LARGE. (lee Animals.) HOTEL KEEPERS — (See Inn Keepers.) HOTEL! AND BOARDING HOUSES —RUNNERS FOR. Amount of license To pay license To wear badge... Violating ordinance punished ............ INN KEEPERS — To pay license.......... INSPECTOR OF KEROSENE OIL — Appointed by Council.... . Bond, to give Compensation of. . . . Duty of, .. Inspect oils, when to obstructing inspector punished 'Sales reported to inspector ............... . ............ . To mark approved or condemned.. ... ............... Record kept by INSTOR OF WEIGHTS AND MEASU141 — , . . Duty..................................................... Appointed by Council. Fees.... Inspect each year. Mark when inspected Register to be kept by INSPECTOR OF WOOD — Appointed by Council..... Fees ....... ....... Keep accounts..... .............. ........... ..... . ..... Not to buj wood..... ....... ................. ... Oversee oiling of wood Resistance to, punished JURORS — Compensation of ............. Summoningof .......................................... . 347 SECT ION. PAGE. 1 18 2 2a 2 3 8b 151 90 151 66 66 66 66 1 (i6 2 2 6 3 7 10 12 4 1 2 5 4 3 217 217 218 217 218 219 22(] 218 218 38 38 39 89 89 40 I 50 7 52 11 53 6 52 5 51 10 52 2 152 1 1.52 348 INDEX TO ORDINANCES. JURY COMMISSIONERS — Marshal to summon.... ... .................. . May be challenged . To assess damages KEROSENE OIL—sA7,E AND INSPECTION OF. (See Oils.) LANDINGS —PUBLIC. Steamboat landing, location of.......... Harbor Master appointed Places for boats assigned by Harbor Master Private wharfboats prohibited, when LICENSES — Application to Mayor for... . , Application to Recorder for Auctioneers........ Billiard tables Butchers Brokers Exhibitions Hack drivers, hotel and expressmen..................... . Innkeepers License, bow issued....... Livery stables Marshal to enforce Not assignable Ordinances, subject to Peddlers Runners for hotels, etc...., Saloons Transient merchants, .. . Traveling physicians...... Wagons and drays... .. „ ............ ............. LIVERY STABLES — Charges for passengers ................. :................ Hacks, carriages, etc., licensed License, must have MARKETS —CITY. Animals, tying legs of, prohibited.. l3ui]dings, market . ...................................... Closed on Sunday ... Dealers, when to purchase. Defined..... License to selloutside................... 1.,o u n gin g about, prohibited. .. . ........ . Market Master............... ...... ECT1ON. PAGE. 3 70 3 7i 4 1; 3 36 1 36 2 36 4 37 5 57 4 57 8 58 12 61 ti 42 9 59 1 65 3 66 2 66 1 513 10 59 7 57 3 56 2 56 15 64 2 66 13 61 1 172 14 63 11 60 10c 60 10a 59 14. 59 15 43 1 40 4 41 12 43 9 = 8 42 10 42 3 41 INDEX TO ORDINANCES. MA Ri E T5—coNTirrulsl . Meat, selling without license, prohibited Meat selling, by farmers, less than a quarter, prohibited Meat weighed by Public Weigher, when......... Meat unsound, selling of prohibited............ Merchants not affected by this ordinance.. Peddling produce, prohibited.... Peddling produce, punished. Purchaser at, not to sell again. Rent of stalls.. .............. . Stalls, using without authority, punished Violating sections 17 and 18, punished...., .. . Violating section 20, punished........ MARKETS—IIAY, WOOD AND GRIN. 349 SECTr0N. PAGE. 17 18 20 6 16 10 11 5 2 13 19 21 44 44 41. 42 44 42 43 41 40 43 44 45 Hay and wood markets, located..... ..... ....l 45 Hay to be weighed.... 3 4-5 Grain and pork markets. established 7 46 Grain to be weighed .................................... 7 46 Obstructing street, prohibited 8 46 1� Scales, regulated.. .. ....... .........9 47 Streets not to be occupied at hay rnarket................ 2 45 Weigher's certificate not to be falsified 4 40 Weigher's certificate altering of punished 5 46 MARSHA L— Account kept by.... 7 26 Appointed by Council... 1 233 Arrests, to make............ 2 25 Attend meeting of Council 10 27 Charge of city hall 3 25 Council may remove................ 3 234 Courts, attended by. y 27 Deputies appointed by 4 26 Duty of.... 1 24 Dogs, unlicensed, to kill2 153 Execute all processes .............................. 5 26 Fees for impounding animals.... 3 I55 Fires, duty at............ 16 128 Impound animals, when.....:..:1 154 ;fury, to surnnion. • • 3 70 Keep calaboose book 15 96 License, duty in relation to, , . .. _ . „ .... , , 7 57 Money, pay over to Treasurer........ 6 26 Neglect of duty, punished ...................... 11 27 Obey Board of Health 5 149 Obstructions on streets, to remove............ 24 97 350 INllEX T ] t)[MINA XO]*. gE.CT' EON. MARSHAL—CONTIN(ED. Prosecutes, for violations of ordinance Police, control of......... Salary of Saloons. to close unlicensed. Sidewalks, to repair, when Settlement, made by........ Streets, to open Squares, to control .. MAI OR —DUTY OF. Abate nuisance Approve auctioneers' bond Application to, for transient merchants' license., ...... . Appoint special policemen....... Building certificates to give.... Call special meetings of Council. ... Charges against... ............ ............ ........ Chief executive officer. is. Contracts and ordinances, to be signed by. Conservator of the peace, is ............ . Deeds executed by .......... . .... . Election, to issue proclamation for............. Fines may be remitted by . , Licenses, signed by. Licenses, when fixed by. Policemen may be suspended by Ra]es for city prison, made by... .. ........... Report neglect of officers to Council .................... . Supervision of all officers, to have. Special elections, to issue proclamation for .NIERCHANTS—TIt.A-NSIENT. Application for license in writing License, must procure.................... License, amount ef... .Money refunded if tax paid... Recorder to issue license, when N CIS AN CES—PREVENTION OF . Cellars, vaults and drains, when Exposing carcass, etc Factories, soap, etc., when a Privy vaults. twelve feet deep... Privy vaults, when a nuisance... Power of Mayor. , ........ , . Removal of, expense of, etc 2 165 1 93 2 233 13 63 3 78 8 2E 7 72 3 164 5 144 18a 58 2 172 7 210 21 142 2 20 6 55 1 20 5 21 6 21 1 152 1 15 11 pis 1 56 5 57 4 94 13 169 4 20 3 20 1 237 2 172 1 172 2 172 3 173 4 173 3 144 2 144 4 144 8 145 9 145 5 145 6 145 INT)1 )Z TO OH.IiINANOES'. N UIS AN C E S—CO (TIN1TED . Slaughtering in city , .. _ . Violating ordinance, penalty foe... OFFENSES—DEP'IWED AND P1TNIS1IFD. Bathing in Mississippi river....... ............. •.. Breaking street lamps..... Chivari....... . Climbing lamp posts...... Discharging fire arms Disturbing lawful assemblages Diseased meat, selling, punished. Disturbing peace........... ,-... . Disorderly conduct.... Exposing of person.. False alarm of tire, giving Fast driving, punished ............... . Fastening a.niexrals to trees Horses to be fastened....... ,... „ .. . Houses of ill -fame, peeping............... Houses of ill -fame, loitering about...... ..... Injuring gas or water pipes........... injuring rnone[rnents Injuring public property Indecently exhibiting animals... Intoxication..... , . . Lighting street lamps... ,..... Loitering about streets Maltreating dumb animals.............. . _ _ Obscene books, having Obscene figures..... Poison, selling o" Profane language, using OFFENSES -- (See penallie.s for violating ordinance.) OFFICERS — Bond, all officers to give .............. . . Bonds of, not exempt, when Charges against ........... _ Complaints to be in writing... Council to hear complaints,......... Expelled by two-thirds vote...:. Mayor. charges against Not to apply to appointed officers Reorder to record complaints Trial, time of, 35/ SECTION". PAGE, 1 143 7 145 29 93 13 89 28 93 14 89 20 90 26 92 22 91 1 87 3 88 5 88 4 88 17 90 16 90 18 90 24 92 2i 92 15 8, 12 89 11 89 8 88 2 87 14 87 23 91 9 89 6 88 7 88 22 91 27 92 6 16 r 5] 53 i3 54 2 54 1 53 6 55 8 55 .5 55 4 64 352 INDEX. TO [7ItDINANCF.S. OFFICIATE BONDS - (See Bonds,) OILS-TXPLAMMABLE-STORAGE ON. Manufacture of in city prohibited Not to keep over five barrels Penalty ........ OILS-1{FILOSENE, SALE AIrD 1NS1'ECTION OF. Appointment of Inspector Compensation of Inspector...... Duty of Inspector.... ....... .......... Enforcement of fines Fraud, penally for Inspected, must be....... Inspector to mark approved or condemned Inspected, w11eII......... .... Obstructing inspector punished Reports made to inspector by wholesale dealers Refusing to make such report punished Record kept by Inspector Selling inferior oil, punished.......... •.. . ORDINANCES - Resolution adopting revision Certificate of Recorder.... Chapter 1. Seal of city established......... 2. Defining boundaries of wards... 3. Regulating elections........ 4. Regulating official bonds 5. Relating to city property... ii. Defining duties of Mayor............. ............ 1. Defining duties of Recorder • 8. Defining duties of Marshal........... 9. Defining duties of Treasurer......... , ..... 10. Defining duties of Auditor 11. Defining duties of City Attorney... 12. Appointing City Engineer and defining his duties 13. Appointing Street Commissioner and defining his duties 14. Providing for election of Assessor... 15. Regulating public landing........................ 16. Regulating weights and measures.... . • 17. Establishing and regulating markets, sale of meat etc.. ................. ....................... 18. Establishing bay, wood, and grain markets. • ..... . 19. Weighing of dressed hogs regulated........... • '20. Public scales regulated... SECTION. PAGE monthly 1 2 3 2 6 3 11 8 1 4 7 10 12 13 5 9 133 134 134 217 218 217 220 219 217 218 218 219 220 220 218 219 2 13 13 15 1T 18 20 21 24 27 29 31 32 34 35 30 38 40 45 47 4s IN111iX '1'O ORDINANCES. ORDI I ANCES-corrTINUED. Chapter 21. Inspector of wood and sales of fuel........ ....... 50 22. Charges against officers, how made, heard and de- termined.... 23. Licenses %xed........... 23* Inn -keepers, runnners for hotels, hacks and express men, licensed and regulated 65 24. Fixing and changing grades 25. Opening, altering or annulling streets or highways in city........ 69 26. Improving streets, alleys, and public landings and repairs of sidewalks.............. .............. 73 27. Regulating repairs of sidewalks ............ 77 28. Filling and raising lots to prevent stagnant water. 79 29. Obstruction of streets, alleys and highways....... 80 30. Defining offenses and prescribing punishment therefor........... 87 31. Establishing City Police and prescribing ruiles and regulations therefor 32. Assessment and collection of taxes ................ 98 33. Fire Department. ...... . • ... 124 34. Defining limits of fire district.... ............ 129 35. Keeping of gun powder ........................... 132 36. Manufacture and storage of infiamable oils and substances .................. 133 37. Preventing fires... 135 38. To prevent erection of dangerous walls and build- ings ... 136 39. Regulate ferries............. ................... 142 40. To prevent nuisances... 143 41. Enforcing observance of Sabbath 146 4°. [laming restrained 146 4.3. Appointing Board of Health........ 147 44. C uarding against running away of horses151 45. To provide for summoning of jurors... ....... 152 46. Deeds and releases by city............ ...... 152 47. To license, tax and regulate keeping of dogs153 48. Animals restrained from running at large154 49. Water Co., authorizing etc........ 157 50. Dedicating and regulating Jackson Square... . • .. 163 51. Protecting bridges..... ........... 164 52. Prosecutions under ordinances, and enforcement of the same. 10 58. Registration of births, deaths and contagious diseases............ 170 54. License, tax and regulate transient merchants.... 172 253 PAGE• 53 56 67 93 1S11EX. To )1{UINANC14S. ORI)1IIANCES-CONTINUED, ' ` Chapter 55. Submitting question of the sale of real estate to the voters of the city 173 56. Providing for settlement of the indebtedness of the city 174 57. Changing names of streets, widths of sidewalks, vacating certain streets and alleys, granting privileges etc........ 177 58. To provide for lighting city with gas 180 59. Regulation of Dubuque and Dunleith ferry. {see 'Jansen & Linehan contract, p. 185).............. 183 60. Establishing Eagle Point Ferry... ..... ........ ... 187 61. Authorizing and regulating Dubuque _l•Ianufactu- turers and L umberrnens Railroad189 02. Authorizing and regulating street railways 192 63. Regulating conduct of persons in and about street cars buildings 195 64. Granting to William Ryan right to slaughter and pack in city. 195 65. Granting to D. B. & M. R. R. Co. and to the Dubuque and Minnesota R. R. Co. right of way. 196 66. Granting right of way to D. & M. R, R. Co198 67. Prevent fouling of sewers on Fourteenth street201 68. Grant to D, & D. .Bridge Co. • right of way etc202 69. Granting right of way to I. C. R. R. Co.... 203 70. Authorizing Hill and West Dubuque street rail- way company . ........... ... 205 71. Regulate the running of trains and to prevent in- terference with R. 14. Co's. ' property209 72. Regulating dress to be worn by police........ 210 73. .Prohibiting blasting in city limits... , 214 - 74. Regulating construction of conductors to eave spouts 215 75. Granting right to Dubuque Steam Supply Co 216 76. To regulate sale and inspection of kerosene oil etc217 77. Concerning drains and sewerage 220 78. Rules andregulations for laying and using drains etc ....... . 223 79. To provide for constructing, repairing and main- taining public sewers 00. To provide for appointment of Marshal 81. Regulaiir-g use of public fountains 82. Regulating additions to city Md. Granting right to lay railway track to Ingram, Kennedy & Day............ ...... 235 -........ 227 . 2:33 234 234 i 1NDEx. tt IL\_i\f'N:S. ORDINANCES -CONTINUED. Chapter 8t. Submitting to a vote the question of the certain real estate PACKING HOUSES- . Granting to WIn. Ryan the right to construct and oper- ate in the city limits PEDDLERS -- Must procure license PENALTIES -FOR VIOLATIONS OF CITY ORDINANCES. ADDITIONS TO CITY -neglect to plat. PENALTY, ANIMALS -Resisting Marshal in impound- ing $ Interfering with pound e� to 0 BoAI;D ar' IIEALTH.-Boats bringing chol- era 1 to 1000 era to city.... ....... ................ 100 to 2000 Destroying notices of 10 to 100 Health Officers making false report1 to 1U0 Physicians not reporting contagious diseases Refusing to obey orders of BRIDGEs.-Driving over fast BLASTmo IN CITY. --After notice td quit I31LLTARDS.-Allowing minors to pay..... Bt1LDLNcs.-Occupying dangerous, after notice.. ..... ......... Chimneys contrary to ordinances Chimneys in loft........... Using public buildings contrary to ordinance...... 10to 100 5to 100 l to 5 I to 100 5 25 to 100 10 10 I3oos.-]Preventing Marshal from killin . . 1 to 1005 20 142 EAYE SPotrrs.-Owners of, failing to corn- 2 152 ply with ordinance......3.. FERRIES.- 60 1 13 Actiug without license........ 10 1 145 FIRES. -Burning hay, shavings, etc....... 5 Building frame, in fie district....1.0' 3 1351 Engineer, ngineer, refusing to obey 25 to 5 to 22. 5 12 Cisterns, leaving uncovered 5 5 126 Insulting firemen 5 13 128 Injuring property of fire department... 10 to 100 17 129 Gunpowder, keeping over fifty barrels 17 129 • of, in fire district ................... . Gunpowder, failing to remove in case 5 to 20 2 132 lire Liquor, selling to firemen....... 25 to 100 4 133 28 Lumber yards in fire district ........ 1 to 20 17 131 1 to 100 7 131 355 sale.of 236 1 195 I5 6-1 SEr PAGE. :i 235 154 7 156 10 to 13 3 9 150 148 150 4 149 2 14.S I 164 2 214 121} 61 5 137 17 141 19 141 356 INDEX '1'[1 OR11INANCRS- PENALTIES— L•IREs—co'_YTINI ED. Marshal, refusing to obey at fires Running over sidewalks by firemen... Oils, keeping over five barrels in fire district........ FOUNTAINS --Taking water from.... . GAMBLING, —Of any kind Keeping gambling houses. HARBORS. —Resisting Harbor Master Refusing to pay wharfage.... RACE. —Drivers and draymen overcharging Not wearing badges.. Using vehicles without number....... HoRSEs.—Allowing to run away JURORS .—Refusing to serve LICENSE. --Auctioneers selling license„ ..... without $100 per day Brokers acting without 50 Billiard tables, keeping without........ 5 Butchers, acting without.... 5 to 10 Hacknnen, acting without .............. 5 Innkeepers, acting without 5 to 50 Livery stable keepers, acting without$20 per day Merchants, transient, acting without5 to 100 PENALTY, SEE, PAGE- 16 128 5 9 127 5 to 50 1 to 5 5 to 10 to 5 to 5 to 5 to 1 to 50 50 100 100 10 5 1 I to 50 5 to 20 Peddlers, acting without... 5 to 20 Restaurant keepers, acting without.... 10 Runners for hotels, acting without..... 5 to 2a Saloons, acting without. ...... ...... . 10 Shows, etc., acting without............ 5 to 30 Traveling physicians, acting without.. 10 MARKETS. ---City, Hay, Wood, Grain and I?ork. Buying or selling dressed hogs not weighed at city scales. , . 5 to 20 Dealers buying in market hours....... , 5 to 20 Injuring scales at market 20 to 100 Interfering with Wood Inspector..... , 5 to 50 Meat selling, contrary to Secs. 17 and 18, Chapter 17 5 to ii: Market stalls, using without lease 5 to 20 Purchasing grain outside market. 5 to 100 Tying legs of poultry kept for sale 1 to 5 Tying legs of animals kept for sale5 to 10 Selling wood outside market 10 to 50 Selling wood without certificate5 3 135 1 234 1 140 2 147 8 38 7 37 lla 60 3 66 11 b 61 2 151 1 152 8 58 9 59 12 61 8 42 10a 59 1 6-5 10 59 1 172 15 64 1 66 2 60 13 61 16 65 141) 64 3 12 9 10 47 42 :0 53 19 44 13 43 7 46 14 43 15 43 4 51 8 52 INDEX To [111..DIN;1NCI S. PEl✓ ALTIES--mAEKETS—CONTI v IT D. Violating Sec. 20, chapter 17 1 to 5 211 45 Violating Secs. 2 to 5, Chap. 18, 1 to 5 5 46 Violating market ordinances when no other penalty is prescribed 1 11 43 _1 EIS ANCES.—Exposing carcasses,.... 1 2 144 Factories stables, etc., offensive 1 to 20 4 144 Failing to remove or abate........ 5 to 20 5 to 7 144 Privies,etc,allowing to become offensive 1 to 20 3 144 Privies, building contrary to ordinance. 5 9 14 4 Slaughtering in city ............ ....... 5 to 50 1 143 OFFENSES.--Aniinals, leaving unfastened. 5 to 50 18 90 Animals, indecently exhibiting....... 5 to 50 - 8 88 Animals, cruelty to 5 to 50 9 89 Battling, in river .......... 1 to 20 29 93 Breaking street lamps 5 to 50 12 89 Cemetery grounds, trespassing on 5 to 100 11 89 Charivari- .. S to 20 28 93 Disturbing peace 5 to 50 1 87 Disturbing meetings 5 to 50 26 ,y2 Fast driving , .... 5 to 100 17 90 False alarm of fire, giving.... 5 to 30 4 88 Fire arms discharging, 1 to 10 20 90 Houses of ill -fame, keeping .... 10 to 50 24 92 Intoxication...... , . 5 to 50 3 88 Indecent exposure :3 to at, 5 88 Injuring private or public propeity.... 5 to 100 16 90 Injuring gas or water pipes 5 to 20 15 89 Lamp pasts, interfering with..... 5 to 50 14 89 Lamps, street, interfering with 5 to 20 13 89 Obscene books, selling 5 to 50 5 88 Obscene figures, selling or making 5 to 50 7 88 Yroperty, injuring 5 to 100 I07 89 Provisions, unsound, selling... 10 to 50 22 91 Poison selling 5 to 50 21 91 Profane language, using 1 to 20 27 92 Suspicious characters, loitering about10 to 50 25 92 Vagrancy. , ...... 5 to 50 23 90 Vehicles not turning to right,.... 5 to 50 19 90 OFFICERS. —Neglecting duty 10 to 100 7 17 Marshal, neglecting duty 10 to 100 11 27 Refusing to obey Mayor... 5 to 100 13 21 ULLs.—Inspector falsely branding 100 8 219 Obstructing Inspector...., ....... 10[1 10 219 Selling inferior grades........... 100 9 219 357 PE$ALT Y. s1EO. PAGE. 3 58 INDEX '1'O ORDINANCES. PENALTY. PJ NALTIES—coNTINuED. FoL1cE.—Neglecting to remove obstruc- tion 1 Refusing to obey police 1 to 20 Resisting officers 25 to 100 Refusing to aid police.... ........... : 1 to 25 Representing falsely ...... 25 to 100 Prisoners, insulting ................ ... 1 to 10 RAILROADS. —Getting on end of cars while in motion ........................... Interfering with property of, .... . Violating provisions of Chapter 7I.... . SAI 1iA TIT. —Breaking Billiard halls open on Shows, exhibitions, etc., on S A Loo N KEEPERS. —Allowing disorderly conduct........ Allowing persons to drink to excess Keeping without license Keeping open after hours....... ....... 5 to Not posting up license....... Selling to minors or drunkards... SCALES. —Violating provisions of Chapter 20 SEWERS. —Fouling loth street sewer STREET CARS. —Disorderly conduct about Obstructing... SQuAREs.—Injuring property in or about. 5 to 5 to 50 5 10 20 5 5 5 50 5 to 50 2 to 20 STREETS, ALLEYS AND SIDEWALKS, OBSTRUCTING, ETC. Animals fastened improperly, on 1 Awnings, refusing to remove. Buildings, allowing while being re- moved to stand on street....... Buildings, moving without permit... _. Builders tailing to protect excavations etc Cellar door in street... Driving on sidewalks Digging up streets. etc... Driving on paved sidewalks... Drain pipes, changing Eave spouts, improperly constructed Filth, placing in streets etc Goods on sidewalk... Goods failing to remove when......... Obstructing with building material... SEC. PAG. I1`I)].L' TO ORDINANCES. 859 PE ICI A LT. I E S—STREETS—CONTINJ] ED: Porch, extending into street, when Sidewalks, failing to clean....... 23 98 Signs, projecting over street 17 96 Sign posts in street 19 98 Streets, rendering dangerous. 20 97 Streets, hindering improvements of, etc 2,1 97 Vehicles, sta,nding on crossings 15 170 Vaults. cisterns, etc., building 1 to 20 6 210 Wagons stanaing in streets. 5 to 50 .5 210 Windows on streets, when. 5 to 50 WATER WOuxs.—Interfering -with proper- 5 to 20 2 146 WEIGHTS AND MEASURES.—Ubing false, to 5 to 20 Obstructing inspector. POLICE FORCE — Appointed 1.-sy Council. Absent from duty. Compounding offenses by, prohibited..... Charges to enter in book Deportment of Falsely representing Forfeit one dollar for neglect of duty.... .... Hackman to obey Insigna of office, to wear Maltreatment of prisoners prohibited. Must obey Marshal Not to give information ... Not to take rewar0 Oath to take. Persons arrested. to take before Justice of the Pea Power to enter houses. Property- of prisOners delivered to Justice. 84 Qualification of 13f 13b 13 13c 13h 13d 9 2 2 4 62 62 61 62 63 63 50 201 195 195 164 12 80 5 27 88 10 26 86 25 5 2 5 to 50 1to 10 25 10 l to 50 5 5 1 to 51) 19 10 24 25 21 14 6 12 81 83 86 86 85 85 88 82 82 83 PENALTY. 1 to 5 to on 10 to 1 to 5 1 5 5 50 50 0 50 1 5 100 50 10 ce.... Resistance to, punislied... Resisted, when can call assistance Removal of obstructions by POLICE FORCE —UNIFORM, ETC. Dress to be worn by police force . . PROPERTY OF CITY ---PERSONAL. List of, filed with Auditor, when,..... ...... ....... List to include books, etc SEC. AGE. 1 80 22 85 8 82 4 81 16 83 17 84 1I 83 18 84 2'8 86 3 81 10 163 8 38 4 39 1 93 12 96 9 96 15 96 7 95 21 97 23 OS 17 96 11 95 14 96 18 97 10 95 8 95 3 94 13 96 5 94 6 94 16 90 2 94 19 97 20 37 22 97 210 1 .18 2 19 360 INDEN '1'0 1TtDINAN['HQ. SECTION. PAQS PROPERTY OF CITY—coNTINVED. Property purchased, added to list 3 19 Receipts taken........ ..,........ 4 19 Receipts in duplicate 5 19 To be taken care of ............ .......... , 6 19 PROSECUTIONS —FOR VIOLATION OF ORDINANCE. Auditor to examine reports 9 168 City prison established.... 12 169 City prison, rules for, made by Mayor13 169 Courts to report prosecutions to Council........ 6 166 Commenced by Marshal or City Attorney....... 2 165 Credits on tines by imprisonments........ 14 169 Fees of officers, witnesses, etc., in....,.... 7 167 Insulting prisoners prohibited 15 170 Judgments in 10 168 Marshal, duties in prosecuting 5 166 Mayor may remit fines.... 11 168 Punishments 4 166 Prosecutions 1 165 Reports of officers kept by Auditor 8 167 Trial in summary manner, but accused may demand jury 3 163 PUBLIC SQIJARES— Boundaries of Jackson square.... 1 163 Injury to property punished 4 164 Marshal to have care of squares 8 164 Used solely as public resorts.... '3 164 PUBLIC LANDING— ( See Landings.) RAILROADS —REGULATING DUBUQUE LUI'IBERMENS AND MANUFACTURERS R. R. City may remove rails ......... ................ . .......... 5 190 Company to repair streets 6 190 Compensation for use of, by other R, R's.... 4 190 Completed in three months, ....... 9 191 Company to give notice of acceptance in sixty days.... 10 191 Council to make regulations for 7 191 May assign rights 8 191 Not to prevent grants to other companies................ 11 191 One track, 2 189 Right of way granted. 1 189 Use of track by other companies... -3 190 RAILROADS —GRANTING RIGHT OF WAY TO D. H. M. R. R. CO., AND D. ge. M. R. R. CO. Culverts and drains.. ..... . .................. 2 197 City police regulations for ......................... 4 198 i IN])ER 'r[l 0R11IN,1.NcliS. 31i I SEC.Tt0N. T,t C:E. RAILROADS —CONTINUED. Grant defined._ ....... ....... 196 Must grade on each side of track.... 1 197 Must grade streets and alleys, when .. , .... 3 197 _Notice of acceptance 5 187 RAILROADS —GRANTING RIGHT OF WAY TO D. Sr, ;FI. R. R. Culverts and drains. fiI-rade streets and alleys on each side of track........... Grade streets and alleys Notice of acceptance Police regulations... Right of way granted and defined RAILROADS ---GRANTING RIGHT OF WAY TO I. C. R. R. Gradealleys ............................................. Granting right of vray............... ....... ........... Notice of acceptance by Co.... Track where to lay... Track to be re-laid to grade ............... ........ .... RAILROADS —REGULATING MINN-1NR OF TRAINS A2ID PROTECTING RAIL ROAD PROPERTY Bell to be rung constantly, ....... , . . Getting on or oil trains while in motion punished(3 210 Interference with property of R. Ns punished..... 5 210 Not to obstruct crossing 3 209 Speed not to exceed six miles an hour.. . . 1 209 Special police Mayor may appoint, employees as 7 210 Violation of ordinance punished.. _ ......... 4 2[19 RIGHT OF WAY--GRAINTRD TO iNGRAN, KENNEDY & DAY, 234 3 200 1 200 3 200 3 200 4 200 198 3 203 1 203 3 204 2 203 4 204 RAILWAYS—• (See street raalwnys.) REAL ESTATE — Sale of to H. W. Sanford........ Sale of to C. M. & St. P. R. R. Co RECORDER — Births, deaths, burials and contagions diseases semi- annual report of to Council........ .. . Bonds, filed with Butchers license, issued by Burial permits, issued by.. City Seal, kept by. Complaints, recorded by I)ee.ds of city, attested by... , ....... .. . (46) 7 1 8 3 4 5 1 209 173 2<38 171 17 42 110 22 55 152 3432 IJ' UEX '10 5 RDI'N 1NOILS. RECORD ER —CONTINUED. Duty of 1 21 Grade changed, to give notiee of....... i 65 License register kept by..........., 6 57 License, register of, kept by 5 23 Ordinances, custody of Ordinances, to record - 3 22 Orders drawn on Treasure: 6 23 Report to CouIlcil 8 23 Street work to advertise fdr bids for. 8 73 Sewers, specialtax for, to deliver to the auditor resolution of Council levying 12 231 Streets, to give Marshal order to open... 7 72 Special assessment. resolutions delivered to Auditor by Recorder 12 76 Warrant book kept by........... 7 23 •RESTAURANTS AND EATING IIOUSES. License of... is 66 SECTION. PAGE 22 RUNNERS FOR HOTELS, ETC. License of and penalty tor aeti,g without 2 66 Must wear badge... 3 66 RULES OF ORDER, ETC. • (See Index No. 2.) SABBATH--ENFORCING OBSERVANCE OF. Billiards and other games prohibited on. , .. .. 2 146 Exhibitions, shows etc.. prohibited on ...... . ............ 3 146 Penalty for violating. ...... t 1-16 SA I,ARIES OF OFFICERS. Fixed by Council. fi 116 SAL0U.NS--SALOOti KEEPERS. Close at 11 P. M. except on Saturday 1c 62 Keep orderly place, ...... 13f 02 Keep license posted up 131i 63- Keeping. without license punished....... i 3i (31 Liceirse, one hundred dollars 131j 62 License, must have.... 13 61 Marshal may close, when ....................... 13g 13 Not to sell liquor to minors or intoxicated persons [3d iiw Selling to habitual drunkards punished...., 13e 62 Fees ....... , 19 Market Master to weigh (1 49 Scales kept in good order 4 49 Violating ordinance piiriished 0 0 Weigher to report to Council 8 49 INDEX TO ORDINANCES, ft 3 SECTION. PAGE. SEAL OF CITY OF DUBLTQUF. Esta blishe:l 1 13 SE AVERS—oN FOURTEENTH STREET. Private drains and openings closed... 1 2(11 Placing garbage, etc., in, prohibited...., .. •............ a. 201 SEWERS —DRAINS AND u SEWERAGE. (,See .Drains.) SEWERS--CONNEet INfI DRAINS WITH. ( See Drains.] SEWEII.S—PUiLTC. Bids for sewer work advertised. 'or City Engineer to prepare plans Construction of, by resolution of Council....... Contract for, let to lowest bidder Duty of City Engineer ....... • Duty of Auditor......... T)uty of Recorder Duty of Treasurer... _ Orders for work, when drawls ... . Property abutting, assessed. Sale of property. Sale continued Special tax levied Street committee to examine work.... Treasurer governed by ordinance. , ........ . When property not to be assessed When assessed in part. ...... ..... , . SCALES —PUBLIC, REGULATING USE OF. Cattle and hogs, weighing ot.................. Certificate of weigher . , .. Certificate of weigher, falsifying punished....... Election of weigher by Council SIDE IOTA L IKS—CHANc..TNc WIDTHS OF. Burch street.... Eagle Point avenue...... Pearl street........... Third street, Srirninit to Alpine Third street, south side, Hill to Alpine Windsor avenue. SIDEWALKS —REPAIRING REGULATED. Curbstones... Crafle established ...................................... . • Notice to repair Sale of' property..... • .. . Street Commissioner. when to repair ............. 3 2 1 4 7 13 12 14 (1 8 15 16 11 5 17 10 3 1 9 1 8 12 10 2 1 3 5 -1 228 228 227 228 229 231 231 232 229 220 232 233 231 228 243 230 231) 49 48 48 •18 179 179 177 177 179 _ 179 78 77 78 79 79 3(44 a INDEX TO ORDINANCES. SECTION, PAGE. STEAM SUPPLY CO — Grant of right to lay pipes, etc..... Liable for damages.... Repair streets Rights not exclusive... . Subject to regulations of city ........................... . STREETS —OPENING AND ALrERIN OF — Council to opell or alter Engineer to give notice Expenses how defrayed Deeds procured........ Jury to assess darnages Marshal to open Objections heard by Council...........• STREETS, ALLEYS AND SIDEWALKS —IMPROVEMENT AND REPAIRS OF'. Auditor, charge Treasurer with special taxes Bids, advertised for Contractors, how paid..... Council to order work done Curbstones. Duty of Treasurer.... Engineer to prepare plans....... Engineer to supervise work Recorder to deliver levy of special tax to Auditor. Sidewalks laid to grade Special tax for sidewalks. Special tax, when levied Tax levied for streets.. Work examined by Council STREETS—onSTRUCTIorl OF, Awnings, lieight of. Builders obstructing streets, punished Crosswalks kept free Cellar doors not to extend over five feet IJriving over sidewalks prohibited ................ . Driving over sidewalks, punished. Eave pipes, how constructed.. .......... . Encroaching on streets punished Fines, one to fifty dollars Goods not to be placed on sidewalk ............... Goods not to extend over three feet.... ................. Gravel, removal of prohibited... . Horses not to obstruct streets..... 1 216 3 216 2 216 5 216 4 216 1 69 2 70 5 71 6 71 4 71 7 72 3 70 13 76 3 73 15 77 1 73 7 75 14 76 2 73 9 75 12 76 6 74 10 75 11 76 4 74 5 74 5 29 11 10 25 23 30 14 6 7 24 12 81 86 83 60 83 86 81 87 83 82 82 85 83 INDEX TO OR1iIN:]tiO1 $. STl EETS--coNT1NL En. Injuring sidewalks, punished.17 84 Porch not to extend over four feet 1 80 Mayor or Alarshal may remove obstructions 9 82 Obstructing streets, punished 15 84 Obstructions or openings guarded, ...... • — •- • ......... 19 84 Obstructions, removal of 31 87 Removal of buildings 26 86 Removal of buildings, regulated ......................... 27 86 Sign posts on sidewalk prohibited... 8 82 Sidewaiksto be cleaned 22 85 Trees, planting of regulated 15 84 Vaults and cisterns on streets 18 84 Vaults built of brick or stone 20 85 Vaults under sidewalks built under direction of Mayor21 85 Wagons not to obstruct streets............ 28 88 Walks, Iumller, stone, etc. not to be placed on 13 83 Windows not to extend over two feet on.... — .... ...... 3 81 STREET COMMISSIONER — Appointed by Council..... 1 34 Power as peace officer 5 35 Reports made by 3 34 Streets, charge of.... 2 34 Streets kept in order by.... 4 35 STREET RAIL WAYS.—AuTrrOR1%ED AND REGULATED. Council to regulate operation of.......... 7 193 City may remove rails, when....................... 5 198 Conductors, special officers... ......„ ...— „ .1 194 Dubuque Street Railway Co. authorized •......... 1 192 Fare ... Disorderly conduct about buildings or cars prohibited.. 2 195, Must accommodate public.... 9 194 Must repair streets 10 194 Not to obstruct streets ... 8 193 Obstructing cars punished..... , ..... 3 195 Right of way granted.... 1 192 Right of other R. R's to cross track.. 11 194 Streets, tracks in center of 3 1112 Track, single or double..... .. 0 193 Work, when commenced ... 2 192 STREET RAILWAY—AUTIORIr1NG HILL &. WEST DU- BUQUE STRE1;'I. RAILWAY COlIP iNY. City mavremeve rails, when ....... 18 • 208 City to regulate operation of 14 208 31i5 ! CTI0 N. PAGE. 366 Ixll1.:X 1O 0I DI.4NCEa. SIC LIT 10N. PA GI. STREET RAILWAY —CONTINUED. Granting light of way.... Granting right of wily. on i hat street Guards kept around dangerous places.. Obstructing, defined and punished...., ...... . Ordinance when to take effect Public to he accommodated Plank crossings Repair streets Right of other roads to cross.. .......... . Right of other roads to use track, .. ..... ... Rates of fare not to exceed tell cents. Right to Ilse steam or horse power...... Save city from claims for damages Track kept in repair when constructed T XES—AssEssmENT A) 1) COLLECTION or, Ali personal property listed ... Assessor to begin 3d Monday in March... - Assessor to administer oath... .... Assess all property Assessor, who to assist............ Assessment completed June lst ....... .. . Assessor, what property to assess.... Assessor, neglect of duty, penalty Appeal to City Council froru Equalization Committee Auditor to transcribe tax hooks Auditor may correct tax books........ Auditor to deliver tax book to Treasurer. ......... Auditor to give notice of equalization of tax ... . Auditor to mark on tax book. land "sold" Auditor to keep account with Treasurer Auditor to attend tax sales Auditor to give certificate of redemption from tax sale Appeal to City Council from Equalization Committee Banks, shares in assessed as per acts of Congress Bankiug associations, how assessed.............. Racking associations, when to account....... Committee on equalization of assesspients....... ..... . Credits, term defined.... . ...... . .. . .. . Copy of advertisement, filed in Auditor's office......... Commission goods assessed Council to fix water limits.. Council to levy tax... , .... City warrants received for taxes 1 2 8 9 17 11 5 7 15 16 12 10 6 4 16 2 4 3 7 22 5 37 80 32 31 26 33 51 64 72 27 21 19 20 25 63 8 28 29 43 205 205 207 207 208 207 206 207 208 208 207 207 206 206 103 119 100 101:1 101 105 100 105 107 107 108 108 106 108 112 116 118 107 105 104 104 106 101 115 101 107 107 110 INDEX To r1ItD1NANCEs. T.AXES—CONTricaiED. Certificate of purchase at tax sale.... 68 1.17 Certificate, assignable........ 61) 1.17 Deed, signed by Treasurer........ 78 122 Deed, form of... 77 120 Debts, deducted from assessment.. 15 103 Depreciated bank notes........ 14 102 • PUty of Auditor........ .. 1 99 Demand for taxes not necessary... ..... 44 110 Description of property in figures ........ ....... 4f2 115 Duplicate receipts........ 70 117 Error in tax sale corrected 80 11,}1 Manufactures defined... ..... ........... 17 10 Money and credits 18 104 Minors and lunatics, redemption by.. ................... 73 119 Money refunded, when .. _ 81 123 Notice of issuance of deed ......................... 75 119 Noticetor sale of personal property....... 45 111 Notice of tax sale.... 54 113 Notice in official papers 55 113 Officers not to buy at tax sale.... 613 117 Owners may pay taxes before.... 61 1.13 Owner to assess property omitted- ... • . 42 110 Property listed Jan. 1st............ 13 102 Property omitted, owner to assess....... 42 110 Property omitted Treasurer to assess... 41 110 Purchaser at tax sale, to pay 60 114 Property of other persons, how listed 9 102. Properly may be redeemed 71 118 Railway and bridge property, assessment of........ 10 102 Road bed, not included in assessment 11 102 Real estate, unknown, how assessed 23 105 Resisting Treasurer, punished 46 111 Redemption, through court 74 1 [9 Sale for delinquent tax, when....... . , 53 113 ,ales, adjourned 67 117 Sale, Treasurer may adjourn 65 116 Sale, when to commence.... 57 114 Sale, from day to day.... 59 114 Sale, who entitled to purchase at... ........ 38 114 Statute to govern in all cases.... 83 123 Taxes when delinquent, 47 111 Telegraph property, how assessed ..................... 12 lfl$ , Treasurer, to enter unpaid taxes in books 315 109 Treasurer to give notice that taxes are due....... .. 14 108 Treasurer to collet taxes........ c. .......... 36 1a� 3411 SECTION, 1'AOF._ 3fi5 INUIE,X T0 UFt1)INAI C1.S. SECTION. PAG7E . TAXES—CoNTIN7rED. Treasurer to certify amount of taxes......... ...... Treasurer to notify persons when land sold........ Treasurer's receipt Treasurer's bond liable, when Treasurer to sell personal property Treasurer continue to receive taxes Treasurer ro give receipt... . Treasurer to refund tax illegally paid Treasurer to collect 26 cents for advertising Wrong name, sale by, not invalid. When money, refunded to purchaser TAXES —OF locls. (See dogs.] TAXES —SPECIAL. (See streets, alleys grid sidewalks.) TAXES —SPECIAL, ,see sewers., TRANSIENT MERCHANTS — [See merchants, transient.. ] TRAVELING PIIYSICIANS— Licerlse, amount of License, must have Marshal, duty of.. Violating ordinance punished TREASURER —DUTIES OF. Assess property omitted by assessor........ Books turned over by Collect delinquent tax .................................. . Collect penalty for delinquent tax Certity to amount of taxes due............ City warrants received for taxes Collect 20 cents for advertising....... Countersign certificates of redemption Continue tax sale from day to day...... • Collector of city, is............ Collect all money due city Deed, Treasa.rer to execute....... Deed, Treasurers, form of... Duplicate receipts, made by Delinquent tax, to enter up on tax hooks ............... . Notice, to give when he is prepared to receive taxes..... Notice of sale of personal property ............. . . ...... Notify tax payers of previous sales........ 38 106 37 109 39 109 40 110 48 111 49 112 50 112 52 113 56 114 82 123 84 123 14a 63 14 63 14c 64 141) 64 41 110 4 28 48 111 49 112 38 109 43 110 56 114 72 118 59 114 3 28 1 27 76 120 77 120 70 117 35 109 84 108 45 111 37 109 INDEX • TO i )Rt.)I NAN o1K• :369 SECTION. PAGE. TREASRER,--cowrriNUED. Orders, paid by 2 28 Receipts of, fur taxes 50 112 Sale of lands for delinquent tax- ....... 53 113 Sale, each piece of real estate sold separately 57 114 Sale, not to purchase at 116 117 Sale to give notice of..... ........ • • • • • • ..... ............ i5 113 Sale, wrongful, Treasurer and sureties liable for 80 123 Special tax, notice of levy of 14 76 Special tax for sewers, to give notice of levy of44 232 Special tax, to sell for delinquent 15 232 Such sale, how conducted 17 232 VIOLATIONS OF UR.DIN ANCES— (See penalties for violations of ordinances-) LVARDS.—BOLL 1 DA RIL"s. First ward... .... 1 13 Second Ward 2 14 Third Ward... 3 14 _Fourth Ward.... 4 15 Fifth Ward ............... 5 111 WATER WORKS — Construction of, authorized 1 157 Extension of, city may require ............ 5 161 Exemption froin tax until 1873.... 8 162 Grant, when to take effect. 9 162 Interference with property of, punished............ 10 16'3 Purchase of, by city 7 162 Reservoir.... 6 161 Streets, repaired by water company ... 2 157 Water, where taken from.... 4 160 Water, rates, for use of, .. 3 1.57 WOOD—INsI'Eerrrox OF. Boundaries of market........ 8s;9 52 Buying by Inspector, prohibited 6 52 Fees of Inspector............................ 7 52 Inspector appointed by Council.... 1 50 Inspector to keep accounts. ..... ......................... 11 53 Inspector to oversee piling. 5 51 Piling of wood ........................................... 3 50 Penalties.. 4 51 Resistinglnspe tor, punished....... 10 52 Sale of wood 2 50 OOD MARKETS — (See Markets.) '370 TN11,1X ORD' YA.NOES. SECTION. PAGE, WOOD INSPECTOR — See Inspector of Wood.) WEIGIITS AND MEASURES — Council to appoint Inspector 1 38 Duty of Inspector 2 38 Fees. .......... 5 39 Inspector to mark, inspected. 8 39 Inspected each year ...... ....... ......... 4 39 Register of weights and treasures kept. 6 40 INDEX NO. 2. PAGE. 1 CHARTER 23.9 to 256 2 ACTS OF CONGRESS, 256 263 3 TERRITORIAL LAWS.... ....... ............ 263 269 4 LAWS OF IOWA 269 330 5 RULES OF ORDER .. 330 336 CITY CHARTER — (No Index further than Margmai Notes.) ACTS OF CONGRESS — AN ACT —LAYING Orle CITY OF DunuQuE. ..... 25(3 258 AN ACT —APPOINTING COMMISSIONERS.. . 258 259 AN ACT—AuTuortzrso CITY TO ENTER CERTAIN LANDS, 259 260 AN ACT —GRANTING LEVEES TO CITY 260 261 AN ACT—CoNsTrruTtNG DURUQUE A PORT OF DE- LIVERY . 2.61 262 TERRITORIAL LAWS — Laws of Wisconsin under which Dubuque was Incor- porated in 1837 263 269 LAWS OF IOWA— SEC. PAGE. A SS ESSOR—ELEcTION OF. One Assessor elected annually. 1 296 ADDITIONS TO CITIES — Persons laying nut, must procure certificates that it is unincumbered . 1 316 Certificates, etc. recorded with plat„ ............ ........ 2 317 Record to show bearing and distance from Government corner. 3 317 Not to affect the annexation of contiguous territory..... 4 316 Chapter 25, Laws lath General Assembly and Chapter 63, Laws 16th General Assembly, repealed. 5 318 37') INDEX To CH A.RTER. LAVO,J AND RIFLES OF oRDER. BOARI) OF HEALTH-. pAc 821 CODE, CHAPTER TEN, TITLE FOUR — So far as applicable to cities acting under special char- ters. To lay off, widen, straighten, or vacate streets and public grounds 461-285 Grade streets and alleys, and construct se 465-285 Construct sidewalks, etc., and levy special tax for 466-285 Repair same and charge expense to property -107-286 Tt,mporary sidewalks, cost of limited 468-286 To pay damages caused by changing grades, etc469-286 Purchase or condemn land for public use 470-287 Erect water works 471-473-288 Condemn private property for use of. 474-289 Assess water tax and provide for collection thereof. .. , 475-289 Proceedings to be had when private property is con- demned 470-290 Danaages, payment or deposit of. 477-291 Assessment on lots. how enforced 478-292 COMPENSATION OF OFFICERS........ 313 EQUALIZATION OF TAX 319 GRANTING TITLE TO CERTAIN LANDS TO CITY OF -DUBUQUE 269 INDEBTEDNESS, SETTLEMENT OF. 271 LEGALIZING ORDINANCES OF CITY OF DUBUQUE IN RELATION TO H. & W. D. T. R. R. CO 318 MARSHAL APPOINTMENT OF. 313 POWERS OF CITY — (Se Code.) POWERS, ADDITIONAL GRANTED TO CITY 297 trunric SQUARES, PARKS, ETC 270 REGISTRATION OF ELECTORS 280 SEWERS, CONSTRUCTION . 293 SUPERIOR COURTS, ESTABLISHMENT ()F.......... 306 RULES OF ORDER 330