f JM^iMf '/--i-v. George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS CODE OF THE CITY OF SELMA. To wliicli is prefixed Ihe City Charter and amendments thereto. Prepared in pursuance to Order of the City Council, BY A. H. JACKSON & JAMES W. LAPSLEY. PRINTED AT THE JOB AND BOOK OFFICE OF THE "SELMA REPORTER." • » M. J. A. KEITH, Mavor OoTxnon TTi en. JOHN WEEDON, i KOBEKT HALL, ISAIAH MOEGAN, ; E. W. MAEKS, WM. A. DUNKLIN; GEO. F. PLANT, JAMES W. LAPSLEY. City Clerk— JOHN M. STRONG. Treasurer— WM. A. DUNKLIN. Marshal—E. M. GANTT. TABLE OF CONTENTS. Act of Incorporation — Ajiproved Fe1)niarj 0. 185:i 3 Act to Extf.nd and Define Corporatk Limits — Approved February 21, 18G0 13 Act to Amend the Charter of the City of Selma-- Ap- proved February 24, 1860 1.% Act to Amend the Charter of the City of Selma — Ap- proved February 0, 1858 30 CHAPTER I. (reneral Provisions applicable to this Code 33 CHAPTER TI. City Ofliccrs— Tlieir Electien. Duties nnd C'oiupeiisatlon. Article 1st. Elections 34- Art. 2Hd. Mayor 3(5 Art. 3rd. City Council 37 Art. 4th. Clerk 37 Art. 5th. Treasurer 39 Art 6th. Marshal 40 Art. 7th. Attorney 41 Art. Stlj . Printer.' 42 Art. 6th. Removals from office 43 Art. 10th. Fees 43 CHAPTER IH. Fln&nriMl and Commercial Regulations. Art. 1st. Taxes 45 Art. 2nd. Licenses and Licensed occupations 52 Art. 3rd. Market rejjulations , .5(j Art. 4th. AVeights and Measures 57 CHAPTER IV. iiilreeta and Side-Walk*. Art. Ist. Regulations for keeping up and changing streets and alleys 59 rv CONTENTS. Art. 2iid. Side- Walks 01 Aet. 3rd. Obstructions and other offences relating to streets, alleys and side-walks 62 CHAPTER Y. Police aitd Sanitary Regulations. Art. 1st. Police, Patrol and City Prison 68 Art. 2nd. Slaves and Free Negroes 70 Art. 3rd. Hospital, Board of Health and Infection 75 Art. 4th. Mortuary Reports, Sexton and Cemetery 81 Art. 5tli. Steamboats, River and River Bank " 83 CHAPTER VI. Fires and Regulations for Prevention tliereof. Art. 1st. Fire Department ^ 84 Art. 2nd. Fire Limits 88 Art. 3rd. Duties of officers and citizens at fires. 88 Art. 4th. Regulations to prevent fires 89 CHAPTER VII. Miscellaneous offences 91 CHAPTER Vm. City Court and its Ineidtuts. Art. 1st. Arrests 97 Art. 2nd. Trial of oftenders 98 Art. 3rd, Collection of fines and forfeitures 99 ACT OF INCOliPORATION A N D AMENDMENTS THERETO. ./lN A.CT To Incorporate the City of Selma. Section 1. Be it enacted hy the Senate and Iloune of Representatives of the State (tf A/ahania in, General A>ranted sliall l)e I'.xc cuted and carried into eliect as retjuired ; and under its corpor- ate uame aforesaid the !>aid city incorporation sliall Powors and sue and lie sued, ]dead and be imj)leade(l, answer and be answered unto ; and may i)urchase, receive and hold, and sell, grant, alien and assure or U^t jiroperty, real and personal, nuiy have and use a common seal 4 CHARTEE OF THE CITY OF SELMA* which may be changed at pleasure, and may do and perform all acts incident to such corporations not in- consistent -svith tlic laws of the State ; the jurisdiction of said incorporatiuji shall extend over and include not only the territory now constitutini^- the town of Selma, but shall be and the same is by this act ex- tended over and shall include the Alabama river opposite to and running l)y said town, style of gov- Sec. 2, Beit further enacted. That the ii'overnnient ernmentof » . -, , i city. of said city shall be styled "The City Council of Selma," and shall consist of a chief officer, to be styled "Mayor of the City of Selma," and five com- mon councilmen, each to bo elected by the legal voters of the city ; the person receiving the highest number of legal votes for the office of mayor will be elected mayor, and the live ^lersons receiving the highest number of legal votes for councilmen will be elected councilmen; every citizen of said city who would be a legal voter at an election for members of the legislature will be a legal voter at such elections for mayor and councilmen : Promded^ lie shall have been actually or legally a resident of said city for six months next preceding the election and not otherwise. Election of Sec. 3. Bc it furtJiei' enacted ., That the election of mayor and councilmen of said city shall be held an- nually ; but the mayor and councilmen for the time being shall continue in office until their successors are duly chosen and qualiiicd ; and after the lirst election under this charter the time and place of each suc- ceeding election shall be determined by the said city council ; and said council shall a])point managers of the elections, to consist of such number of persons as may be deemed expedient ; and said city council shall have power to prescrilje the mode in which all elections shall be conducted, the mode of returning and counting the votes, the votes to be returned to the existing mayor, and by him laid before the city council to be examined and counted ; the said city council shall be the judges of all elections, and shall have full power to determine all matters in relation CIIAETER OF THE CITY OF SELMA. to all elections, as m'oII as to the mode of condnctiiie; elections as to the lep^ality of voters; and in the count sliall reject all illeg-al votes, and connt such only as arc lep^al ; in tlie event tliat two or more j^ersons slionld have an e<|nal nnmher of lei!:al votes for the office of mayor, the common conncilmen for the time heinersons having the tie vote shall have the office; in case a vacancy shonld occur in the office of mayor, exce})t by the expiration of tlie term for which last mayor was elected, snch vacancy shall 1)e tilled by tlio conncilmen; and in case of any vacancy in the office of conncihnen, except by expi- ration of the term, snch vacancy or vacancies sliall be tilled by the mayor and conncilmen who may be acting. Sec. 4. Be U fiiiiJi< r i udded^ That the first elec- i.«t ciodi tion for mayor and conncilmen under this charter shall be held under the direction and suj^ervision of the intcndant and council of the town of Selma hold- ing office at the time of the ratilication and accep- tance of this charter as hereinafter provided for ; and said intcndant and council shall prescribe the time and place and mode of such first election, and shall be judges thereof; and a certificate shall be made and ])reserved showing the number of legal votes polled Ibr the diU'erent offices, and showing what per- son received the highest number of legal votes for the office of mayor, and tlie live persons Avho received the highest number of legal votes for conncilmen; and in case of a tie vote either for mayor or council- men, the intendant aiul council of said town, or such of them as may not be interested in the question, shall determine who shall l)c mayor and who sliall be councilmeii, as the case may be ; all elections for b OIIAETER OF THE CITY OF J;KI,]\IA. mayor and councilnieii under this act shall be by l)allot; no person shall be eiigililo to the ofiicc of mayor or conncilmen unless in addition to being a qualitied voter for these offices, he shall have resided - in said town or city one year next jireceding the election. Ortthof Sec. 5, Beit fHrthcr enacted. That the mayor and office, _ " ^ , • . » , . each councilman, before entering on the duties ot his office, shall make and subscribe an affidavit that he will faithfully and to the best of his skill and judg.- ment ]^erform the duties of the office of mayor oM^- councilman (as the case may be) without favor o^ ])artiality, which affidavit shall be tiled in the office of the clerk of said city. Gencrni gjjg, g. ]]q {t furtlwr emicted. That the said citv powers of ' _ . " board. couucil sliall liavc full power and authority to pass all such by-laws as may be deemed necessary and proper for its (^^\n government not inconsistent with the laws of the state, and the same to alter or repeal at pleasure ; and shall have full power and authority to pass and enforce all ordinances deemed necessary and proper to prevent contagious or infectious dis- eases from being introduced or kept in said city, and to preserve the health of its inhabitants; to prevent and remove all nuisances at the expense of the person causing such ]iuisances, or upon whose property it may be lound ; to license, tax, regulate or restrain all shows and theatrical amusejuents ; to prohibit and suppress gaming and gaming-houses and houses of ill- fame within said city, and all things pernicious to the morals and good order of society within said city ; to establish night watches and day watches and patrols, and to appoint leaders and captains thereof; to make, alter and ascertain new streets and alleys ; to clear and keep in repair tlie streets and alleys ;f to regulate the stationing, mooring and anchorage of steamboats and other boats and craft within their jurisdiction ; ''^ to establish iiecese«,ry inspections ; to erect and regii-' late markets ^nd the assizo of broad ; to regulate the Rftlcs ^ anotipns m-^ to appoint auctioneers ; Prq^ CHARTER OF THE ("TTY OF RETAtJl. 7 mded. The same shall not extend to sales iinder ex- ecution l)j order of court or hy executors or adminis- trators ; to erect puhlic scale-houses with proper scales, weiu'htsand measuvos, and to a]ip<»int "weighers and measurers to weigh and mcasim' in case of dis- agreement betM'een huyer and seller; to license and regulate wagons, carts and di-avs, and hacks and car- riages running fmm one part of the said city to another jiart for hire j/and generally to pass such by- laws and ordinance?; Viot contrary to the constitution and laws of this State and the United States as said city council shall from time to time deem necessary and proper to carry into elfect the true intent and meaning of this act, and fho same to enforce, alter and repeal ; ?the said city council shall have ]iower to ap]ioint ana remove at pleasure a clerk, treasurer and such uumher of marshalls and other ollleers as they may deem necessai'v and }iro])er, ami to recpiire such hond and security as they may deem necessary, and to annex sncii fees and salaries to tlieir several offices, and to impose such lines for neglect of duty in office, not exceeding one hundred dollars, as they may deem necessary; the said city council are also empowered to lay sucli lines, not exceeding fifty dollars, for breach oi* breaches of their by-laws and ordinances as they may deem proper, and to enforce and collect the same in such manner as may be prescribed by ordinance, by execution against the j)erson or prop- _ erty, or committing to jail, as they may deem neces- sary or proper ; which fines shall be appropriated in such manner as the said city council may prescribe. Sec. 7. Be Hfarther ciiactcd^ That the said city M«y ooiioct council shall liavc power and authority annually to ^^'^' assess, levy and collect a tax not exceeding one ])er centum uj)on all real estate in said city, a ])(»11 tax not exceeding two dollars on each white male iidiabi- tant above twenty -one years of age : Prov). 377. 7Y> teini)Qve, in case of the appointment of a fro temjyore mayor, to form a (;[U0- rum for business, and a meeting composed of live councilmen shall have power to appoint any one of the councilmen to act as mayor pro temijore, in the absence or during the sickness of the mayor ; and the mayor yro tempore for the time of his appointment shall have power to discharge all the duties and func- tions of the mayor. Laws must Sec. 4. And he it fwrther enacted, Tliat it shall re- by mayor^^ fpii'c a majority of all the councilmen present at any meeting of the council, to pass any law, ordinance or resolution, every laAV or ordinance which shall be passed by the council shall be presented by the clerk of the city to the mayor for his approval and signa- ture, and if he approves and signs such law or ordi- nance, the same shall thereby become operative, but not otherwise, except as hereinafter provided, that is to say : If the mayor shall disapprove any law or or- dinance, he shall return the same with his objections to the next regular meeting of the council, and in such case the mayor shall fail to return such law or ordinance as required, the council shall at the next regular meeting of the council after the passage of any law or ordinance, disapproved or not returned as aforesaid, or at the next succeeding regular meeting of the council, as the council may determine, proceed to vote upon such ordinance or law disapprored by the mayor, or not returned as provided, as the case Two-thirds may be ; and if it shall appear that two-thirds of the voteneces- (3Q^^j^(.i][j-i^gjj prcscut at the meeting and forming a quorum, approve of such law or ordinance by voting for the same, such law or ordinance shall thereby be- come operative ; and in every pase wlnere a two-thirds AMENDMENT.*' 17 nance williout the approval of ttie mayor, tlie vote shall be taken by ayes and noes, and duly registered on the minutes of the council ; and no law or ordi- nance of the council shall he operative without being approved and signed by the mayor, or witliou^t tlie approval of a vote of two-thirds of the council, to whicli the same may be submitted as provided, after the return of the same with the objections of the mayor, or failure to return as provided. Sec. 5. And he it further ejiacted, That the said Bouudaries. city council shall have power to lay off said city into such number of wards as they may deem proper, and to iix tlie boundaries or limits of the same, and to alter such limits, and to increase or diminish the number of wards at tlieir discretion. Sec. G. And ho it further enacted, That tlicthir- Valuation. teenth section of said act hereby altered and amend- ed be, and the same is liere])y repealed, except as hereinafter provided. The said city council shall cause an annual valuation to be made of all lands within the corporate limits of said city sul)ject to tax- ation, which shall be done by such discreet and com- l)etent person or persons who shall be a freeholder or freeholders in said city, as the city council may ap- point for that pur])ose, and it shall be the duty of the person or persons so appointed to proceed to discharge the duty committed to him or them, as soon as practi- cable, and for that purpose shall make out a careful schedule of all lots or parcels of land in said city sub- ject to taxation, and designate and describe the same by numbers or otherwise, so that the same may be ascertained by the numbers or description, and hav-^ ing done this shall place a valuation of each lot or l>arcel of land, stating the owner in every case when known, 'and when unknown, so stating. On the com- ])letion of said schedule and valuation, the same shall be returned to the oiHce of the clerk of the cit)-, and shall be in the custody of said clerk, and shall be open to the inspection of all persons who niAy bo in- opon for in- terestcd in the valuation. On the completion and re- X8 AMENDMENT. turn of said scliednle and valuation, it shall be tlie Notice. : dut}^ of the mayor to cause notice to be given by ad- vertisement in some newspaper published in said city, for at least ton days, of the completions, and tiling in the office of the clerk of said city, of said schedule and valuation of the real estate within the city, and that the same is open to inspection, and that all per- sons who may be dissatisfied with the valuation made may come in within a time to be designated by the city council and to be stated in said advertisement, (which time shall not be less than ten days,) and file Objections, objcctioiis to the valuation, which objections shall be in writing, and filed with the city clerk, in every case, when no objections shall bo filed within the time pre- scribed to the valuation, the owner or owners of the land as valued shall not have the right thereafter to object to such valuation. But the city council shall have power at any time before final action by the council, in relation to the valuation, to make such corrections in the valuation, either by increasing or diminishing the valuation as the facts and justice of the case may seem to them to require. After the ex- piration of the time prescribed within which objec- tions to the valuation of lands may be made, which objections in all cases must be in writing and filed as aforesaid, the city council shall proceed with all con- venient dispatch, to hear and determine the objec- tion or objections, on such testimony or facts as may be within their knowledge, or may be produced be- Aiteration forc them, and if itai;>pear to them that the valuation in valuation. . . i ii i i i • • i IS incorrect, they shall make such alterations in the valuation, either by reducing it when too high or raising it when too low, as the facts of the case may in their judgment render proper, otherwise the valu- ation as made shall stand ; in the valuation, of all lands within said city subject to taxation, such scale and syetem shall be adopted as shall be calculated to render the valuation as between the owners of the lands to be valued, as nearly equal and equitable as practicable ; the mayor shall cause notice to be given AMENDMENT. 19 to persons contesting the valuation of lands, and who may have tiled objections as above provided, by pub- lication in a newspaper within the city or by personal notice, as he may deem proper, stating the time within which objections to tlie valuation will be heard and determined, and after such notice the council shall proceed to determine and decide upon the objections which may have been iiled within the time specified in the notice, whicli may have been given for the hearing and determiniug of the objections, unless the hearing and decision be jxtstponed for reasons which may appear sufficient to tlie city council. It shall be the duty of the clerk of the city to keep a record of all the })roceedings of the city council, and enter the same upon tlu^ minutes to be kept by liim for that '.'/ pur}>osc, of the proceedings of the council in relation to the determining of ol)jeetions which may be made to the valuation of hinds as provided, as well as of all other business of the city council. The city council shall have power to fix the dates and periods for the nates of as- scssmcnt* assessment of all the property within the city liable to taxation, so as to render the person or persons who may have the ownership or possession of the property so liable to taxation, on a day or within a period to be fixed by them, liable for the taxes thereon for the year, or for a less i)eriod, as the city council may pre- scribe, but the city shall have and hold a lien on all property subject to taxation for the taxes which may be due and unpaid thereon, whether or not the ownership or possession thereof, shall have been changed. After the valuation of hmds in said city subject to taxation shall have been comj)letcd, and the valuation approved l)y the city council, the valu- ation as made and the approval thereof by the coun- cil shall be certified l)y the mayor and clerk of the city, under the seal of the city, which certificate and seal shall be attached to the schedule of valuation, and make reference to it, and the whole shall be care- vainntion fully preserved among the archives of the city by the sItx*:^^ city clerk. The said city council shall appoint some 3 20 AJtIENDMENT. Appoint- trnsty cand competent person or persons to ascertain all personal property within said city subject to taxa- tion, and all persons within the city subject to poll tax or other taxes, and the sales of merchandise, and all other subjects of taxation within the city, and for the purpose of discovery of property subject to taxa- tion, the amount of sales of merchandise, and of all other subjects of taxation, the person or persons ap- j)ointed for this service by the city the council shall Duties. have the power and it shall be his or their duty to require schedules or statements under oath or affirma- tion of all persons who may be sujiposed to be pos- sessed of any personal property or other subjects of taxation, (other than real estate,) and who may be or may have been engaged in vending merchandise of any kind within the city, and who may be deemed subject to taxation or liable for taxes in any way (ex- cej)t on real estate,) and in case any person or persons Case of re- shall rcfusc to render the required schedule or state- fusal to '■ niake re- meiit uudcr oatli, or if a statement or schedule shall turns. ^ ' be rendered in any case which the person or persons authorized and appointed to take the same shall have reasons to believe is incorrect, the person or persons who may be appointed to this duty shall adopt the best means and resort to the best evidence which may be available to ascertain the true facts of the case, and make and return a statement thereof, according- ly. The person or persons who may be appointed to take the schedules and statements aforesaid, and to ascertain and report upon the personal proi^erty and persons subject to taxation, and other subjects of tax- ation shall be competent to administer all oaths or False oath, affirmations required : and any person who shall wil- fully make a false oath or affirmation in any schedule or statement he or she may render or make as re- quired, shall be guilty of paying and be subject to the pains and penalties for that offence. On the completion of the schedules and statements of the personal property, and persons and sales of merchan- dise and of other subjects of taxation aforesaid, other AIMENDMENT. ^1 than lands, the person or persons appointed for that duty and service shall make a clear and complete statement thereof in dne time to the city council, and the same shall l)e examined by the city council, and council to approved by the council if correct, or if found incor- staunn ut. rect in any particular, the council shall cause the proper correction to l)e made. After the schedules and statcuicnts shall have been examined by the coun- cil and corrected, when corrections may appear to be required, the schedules and statements as a])])roved and corrected, shall 1)e certilied b)" the mayor and statement clerk of the city under the seal of the city, as correct Hod I'y schedules and statements accordini;- to their import, Lieik. and the same shall be carefully liled by the clerk of the city, and preserved among its archives. It shall be the duty of the clerk of the city or such other officer or person or persons as the city council may appoint for that purpose, to make out a correct state- ment from the valuation of lands within the city sub- ject to taxation, and from the schedules and state- ments of personal property, and persons and sales ot merchandise, and (.)ther subjects of taxation when re- turned and approved as provided, and of the amount of taxes due thereon accordino- to the rates of taxa- tion which may have been levied or assessed by the city council, with the names of the persons and par- tics liable to taxation when kuowii and a statement of the amount of taxes due or to be due on such lot or par- cel of real estate as valued, and on other property and against all persons and parties within the cit}', and on the completion of said statements to lay tlie same be- fore the city council, whereupon the said council shall examine the same and make sucli corrections therein as may be required. This being done, it shall be the duty of the mayor and tlie clerk of the city to certify the same under the seal of the city as a correct statement and account of the taxes due said city, according to the valuations and assessments approved by the council of said city, which statements and accounts so made and certilied shall be liled by the clerk of said city aid. aa AMENDMENT. and ])reserved among tlie archives of the city, and shall have the force and effect of a judgment against the persons and property named and specified therein for the amount of the taxes shown to be due in each case respectively, according to the specifications in said account and statement. Said taxes when so as- Taxes- Gcsscd, stated and certified shall be collected by such now collect -, "' e«i. trusty and competent person or persons, or officer, as the council of said city may appoint for that purpose, said collections to be made within such reasonable time as said city council may by ordinance or resolu- tion designate and require. It shall be the duty of When not the clerk of said city in all cases when the taxes due shall not be paid according to the requii-ement of said city council, to make out a statement of the taxes ap- pearing to be due according to the certified account and statement aforesaid, in all such cases of non-pay- ment of taxes, which statement shall be certified by the clerk and mayor of said city, as a correct state- ment of the amount of taxes due in such case or cases, and thereupon said statement shall have the force and eft'ect of an execution, to l)e returnable within such time and manner as the council of said city may by ordinance or resolution appoint, and when not satisfied, alias statements may be issued when deemed proper by the mayor of tlie city. All such statements may be levied, and sales and collec- tions made thereunder on personal property as levies and sales of such pro})erty are authorized imder exe- cutions from justices of the peace, with the same ad- vertisement where personal property suificient to sat- isfy the demand can be found, otherwise the person or officer who may be charged with the duty of mak- ing the collection, shall return the statement with a certificate to the effect that personal ])roperty suffi- cient to satisfy the taxes due in the case and liable for the same cannot be found. It shall thereupon be the duty of the clerk of the city to nuike out another statement of the same kind, and to state therein, that return having been nuide that personal property suf- \ AMENDHtENT. S^ licieiit to satisfy the taxes due in this case and liable for the same cannot be found, this will be levied on wiicn prop- real estate, which order shall be signed by the clerk be found, of the city and mayor, under the seal of the city, and shall have the force and effect of an execution duly issued on a judgment of the circuit court of the county of Dallas, in this State, and may be levied on any lands or other property liable to levy and sale imder a valid execution from the circuit court of said county of Dallas, and such property or a sufficiency of it to satisfy the amount of taxes due in the case, with the costs and interests, where interest is due, shall be sold by the person or officer charged with the duty of makiug tlie collection in the same manner that similar property would be re(]uired to be sold l)y the sheriti' under an execution from the circuit court of said county of Dallas: J^rovkIcd,r:o\[ded. That the sale may be made in the city of Selma, and that the person or officer authorized to make the col- lection and sale shall give notice thereof l)y adver- tisement to be published in some newspaper publish- ed in said city, at least four consecutive weeks prior to the sale, specifying the property to be sold, and the name of the owner when known: Provided fur- tJier^ That if the owner of the property be unknown, or shall reside out of this State, said advertisement shall be published for twelve consecutive weeks prior to the sale, in case the ]«ropcrty to be sold shall be real estate. All such sales shall have the same force and effect to di\'est the title of the i>roperty sold out of the owner and to vest it in the purchaser as a sale and proper c(,)nveyance under it to the purchaser, duly made by the sheriff under u valid judgment and execution of the circuit court of said county of Dallas would have : Provided^ That in sales of real estate, iw^Mf, to the owner whose title shall have been so divested "^' ^*^ '' shall have the same right to redeem the same, and under the same rules and regulations, and on the same terms, and within the same time, as is or may be by law of this State, secured to defendants whoso 24 AMENDMENT. lands 'ttray %e sold iiuder judgment and execution of the circuit court : A7i(l, fromded furtJier^ as a requi- site to the title of the purchaser of real estate sold or to be sold as herein above provided, that the person or ofhcer making the sale shall give the purchaser a Certificate, certificate in writing, to be signed by him, setting forth substantially the statement or process under which the sale was made, the date and amount there- of, the description of the property sold, the amount for which it was sold, the date of the sale, and the name of the purchaser or purchasers, which certifi- cate shall be submitted to the mayor of said city for his inspection and examination, and if found by him to be correct he shall annex thereto his certificate as mayor under the seal of said city, seltiug forth sub- stantially tliat he has examined the said certificate, and that the same is true and correct and in proper form, and that the sale therein referred to was duly made under competent authority by the authorized ofticer of the city of Selma. The said certificate wlien thus approved and certified by said mayor, shall be evidence per ne of the facts stated, and shall operate as a deed of conveyance of the lands to be specified therein, but may be rebutted by other evidence, and said certificates may be recorded in the courts pro- vided by law for the record of deeds, as deeds of con- veyance of lands duly probated may be recorded, and with the same effect as notice and otherwise. Interest. Sec. 7. And 1)6 it further enacted^ That in all cases when taxes due said city shall not be paid with- in the time required by the city council of said city the amount thereof shall bear interest from the expi- ration of such time, when statements shall l)e issued to operate as executions as provided in the last pre- ceding section, the officer issuing such statements certifying them, (except the mayor) shall be entitled to the same fees, to be paid by the party or property liable for such taxes as are or may by law be allowed to justices of the peace for similar services, and the officer authorized and who may be charged with the AMENDMENT. 25 collection of the amount due on any such certificate, shall be entitled to tlie same fees as are or may by law be allowed to constables for similar services, to be paid in the same manner ; all persons owing taxes to said city and .all property shall be chargeable with all costs to be incurred in the advertisement and sale of i)roperty which may be sold as ]n'ovided in the last preceding section. Sec. 8. A7)d he it further enacted, That said city sliall have the right when property cannot be found out of which to collect taxes or other debt which may be due the cit}', on the return of the person or officer who may be charged with the duty of making collections in any case, that no property can be found out of wliicli to nnike the amount of the taxes or del)t as the case may l)c to tlie process of garnish- ment, to be issued by a justice of the peace, when the demand shall not exceed fifty dollars, and by the clerk of the circuit court of the proper county where it exceeds that amount, in the first place requiring the garnishee to appear before a justice of the peace, in the other before the circuit court, and make an- swer to the garnislnncnt, which process of garnish- ment may be issued upon the ap])lication of the mayor or any officer or agent of said city, an oath being made by the applicant of the sum due the city, and stating some person or persons supposed to be in- debted to the debtor or to have property or eflfects of the debtor in his or her p('>ssessi(»n. In this process the certified statement of taxes due as provided for in the sixth section of this act shall for the purposes of the garnishment allowed be deemed and taken as a judgment of thetril)uiKil from which the process may issue, and judgment may be given thereon as in other cases against any party summoned as garnishee. Sec. y. And he it further enacted, That tlie 13th section of the act hereby amended, shall be and re- main in full force so far as relates to taxes assessed, and payable prior to the passage of this act, and to all done and proceedings had under it. 26 AMENDMENT. Taxcoiicc- Sec. 10. And he it further enacted., That person '°'"' or persons or officer who may be appointed by the city council collector of the taxes due or to come due to said city, shall be styled " Tax Collector or Collec- tor of tlie city of Selma," as the case may l)e ; and such officer or officers shall be chargeable with and accountable for the wliole amount of the taxes which it shall be his or their official duty to collect, and such officer or officers sliall discharge himself or themselves from liability personally, and on his or their official lx)nd for such taxes, by collecting and paying the amount collected into the treasury or to the treasurer of the city, or by showing that the taxes due in any case could not be collected by due diligence, and that such diligence has been used, autliority being vested in said city council to appoint a single tax collector Howap- for the whole city, or to appoint ditferent collectors for different parts of the city, as they may deem best. Every officer of said city shall be liable j)ersonally and on his official bond with his securities where bond and security are given in accordance with the conditions of the bond for defalcation of official duty, and for all breaches of condition in any bond or bonds which may be given to said city, in any court having jurisdiction of the parties and subject matter under the laws of this State. Powers in Sec. 11. And 1)6 it further enacted, That in every ' case of the sale of real estate under the provisions of this act, it shall be the duty of the officer making the sale, and he is hereby invested with power to put the purchaser in possession of the jn-operty which may be sold. Tax on Sec. 12. And he it further enacted, That said city council shall have power to levy and collect a tax on all slaves brought into the city and exposed for sale by traders in slaves, provided said tax sliall not ex- ceed five dollars on each slave so brought into said city and exposed for sale. Sec. 13. And le it further enacted, That said city council shall have power to levy and collect a tax on slaves. AMENDMENT'. 27 all liawlcers and peddlers, and on all itinerant nier-Taxon ■•• ' , , hawkers, chants or venders of goods or merchandize ol any Ac. kind within said city : Provid^d^ Thas snch tax shall not exceed twenty-live dollars, and shall not he levied oftener than once against the same i^irty in any one month ; and shall not he applicahle to jiersons who may he vending the productions of this State. Sec 14. And he it further enacted^ That said city Nuisiuices. council shall have power to prevent and cause the re- moval of all nuisances within said city, such as all decayed and dilapidated houses or structures calcula- ted to produce disease of any hind, or unlit for use or habitation, and things producing noxious smells in frequented parts of the city, and things producing unhealthy exhalations and prejudicial to the heidth of the city, and things calculated seriously to iuqviir the comfort and convenience of iuhalMtants of the city. And when any such nuisance shall be found when on on private property within the city, said council shall pioperty. have power to cause notice to be given to the owner of such property to remove such nuisance, and if the owner shall neglect or refuse to remove the same within such reasonable time as the city council niay require, the city council shall have power to cause the removal or abatement of such nuisance to be made at the expense of the owner of the land on which the nuisance nuiy exist, and the cost of the re- moval or abatement shall be chargeable to the owner of the laud on which the nuisance existed ; and suit may be brought against such owner in the name of the city, and judgment recovered therefor in any court having jurisdiction, and in case the owner of the land on which any such nuisance may exist, shall be a non-resitlent of the State, the required notice be served on his or her agent, if there be such agent in the city ; otherwise, by publication in a newspaper published in said city for four consecutive weeks and the cost of such advertisement shall be chargeable to the owner of the lands on which the nuisance may exist. And in case such nuisance shall exist on lands 2& AMENDMENT. belougiiig to the estate of any deceased person or to minors, the required notice aforesaid may be served on tlie executor or administrator of the deceased, or the guardian of the minor, as the case may be, if residents of this State ; otherwise by jmblication as above provided. Powers of Sec. 15. And ho it furthe?' enacted, That said city Mto'fire"^' council shall have power to establish fire companies, companies. ^^^^ ^^ ipuss ordinances for regulation and manage- ment of the same, to erect and establish hospital and work houses, and houses of correction, and to enact proper regulations and laws for the management of As to party the sauic ; to establish and regulate party fences, and 1'giicgs» to determine by whom the same shall be built and Burying kept in repair; to provide public buiying grounds, and establish or change the same as they may deem best and most advantageous for the city and its in- habitants, and to enact all projier laws and regula- tions in relation to the same ; to construct or cause to Sidewalks, be coustructed and kept in repair side walks and ^' pavement in such parts of the city as in their judg- ment is required for the convenience of the ]3ublic and the inhabitants of the city, and when such side- walks or pavements are required on private property or land belonging to individuals, the said council may require them to be made and kept in repair by the owner of the land, if such side- walk or pavement be required on a lot or lots on which there may be a house occupied or rented l)y the owner of such lot or lots, and if in such case the owner of the lot or lots, shall fail or refuse to make or repair such side-walk or pavenient within such reasonable time as may be required by the city council, said council may have the same done at the cost of the owner, and the proper expense thereof shall ha chargeable to such OAvner, to be recovered by suit in the name of said city in any court having jurisdiction of the amount and subject matter: Provided, That such reasonable notice as the council may prescribe, shall be given to the owner of such property to make or repair such side-walks or pavements, by personal service on the Notice to be owner if he be a resident of this State ; and if not by f wnors"of service on his agent if there be such agent in said roiw sU" city, otherwise by ])nblication for fonr consecutive " "" ' weeks in some newspaper published in said city, or if the land l)elong to the estate of a deceased person or minor, by service on the executor or administrator of the deceased or guardian of the minor if within this State, otherwise by jinblication as above ])rovided. Sec. 10. And he it further enaeted,, That said city Powers of •11111 ' i n V ' "^"''y council council shall have power to pass all proper ordinances, and enforce the same for the prevention and suppres- sion of all disorderly and unlawful assomldies within the limits of said city calculated to endanger the peace or security of the inhabitants, and to suppress all brothels and houses of ill-fame, and for the resort of notoriously lewd women, and shall have power to cause the arrest of all i)ersous violating any ordinance of the council made for the suppression or })reve]ition of the unlawful acts or practices aforesaid, or breaches of the peace, and inflict such fines and penalties as Fines and may be lawful in such cases and as said council may ^'^""^ "^*' by ordinance not contrary to the laws of the State prescribe, and in default of the payment of any fine which may be lawfully assessed for violation of any lawful ordinance of said council, the mayor who shall have power to try all breaches of the ordinances of the city alone or in connection with one or more of the councilmen, shall have power to commit to prison offenders the offender failing or refusing to pay such fine, for prisoned. any period not exceeding thirty days, or until the payment of the fine and costs, and shall have power to recpiire all ofi'euders against the ordinances of said council, made for the preservation of the peace, safety or morals of the city, to give bond and security for such amount as the mayor may prescribe not exceed- ing five hundred dollars, conditioned to abstain from further violation of said ordinances, and on his, her or their failure or refusal to give the bond required, to commit the offender so failing or refusing to prison 30 AMENDMENT. for any period not exceeding sixty days or until sncli bond be given, and shall have power to cause the Vagrants arrcst of porsons of suspicio\is conduct and character, may be ar- , ■, a i i • • ^ i i • • i rested. who may be lound Joitermg about the city without regular ein])loyment and without visible means of support, or who may be found about places wliere de- praved persons habitually resort, and may institute inquiry as to the general conduct and habits of such susj^icious person or persons, and unless he, she or tliey sliall be able to give such account of himself or herself as to show tliat his or her conduct and em- ployment is lawful and proper, the mayor may re- quire such person or persons to give bond and security in any sum not exceeding five hundred dollars for his or her good behavior, and in default thereof may commit such person or persons to prison for a time not exceeding sixty days, or until tlie required bond be given, or the mayor if lie deem proper require such person or persons to leave he city not to return, and on refusal to comply with such order witliin the time' to be prescribed by the mayor, such person or persons may be committed to prison for any period not exceeding sixty days, and until such person or persons shall consent to leave said city and stay away. Approved, February 24, 1860. [Fampklet Acts, '59-60,^. 421. ^^ 3sr A^ O T* To Amend the Charter of the City of Selma. Section 1. JBe it enacted hy the Senate and House of Eejrresentatives of the State of Alabama in Gen- eral AssemMy convened — That the act entitled an act to incoiq^orate the city of Selma, passed at the session of the Legislature of this State of 1851-2, approved 9th of February, 1852, be *ThiB Act should have followed "An Act to Incoiporate the City of Selma," on page 13, preceding "Au Act to Extend and Define the Corporate I,iniits of the City of Selma.'. — [Pkinteb. AiVtENDMENt. 31 and tlie same is hereby altered and amended by tliis act as licpeinafter specified; tliat is to say, by chang- ing the last paragraph of the seventh section of said act commencing "on every vender of goods, wares,-' &c., to the conclnsion of said seventh section, so as to read as follows, to wit "on the, l>nsiness of every vender of goods, wares and merchandize, drngs and medicines or either of them, a tax of not exceeding the rate of one-fonrth of one per cent, on the amount of sales of such venders." Sec. 2. Be H further enaeted^ That said act be and the same is hereby further amended as follows: that is to say, by clianging the proviso at the conclnsion of the second section of sai'l act relating to the cpiali- fication of voters, so as to road as follows, to wit : '■''Provided, He shall have been actually or legally a Provided, resident citizen of said city for six montlis next pre- ceding the election, and shall have performed the service npon the streets of the city which may be re- quired by ordinance of the city; or shall have paid the assessment for street tax which may be provided by ordinances as a street tax in lieu of suck service, Poii tux. and shall have paid the jioU tax of the city which may be assessed by ordinance of the city, and not Mayor and otherwise. And at all elections of mayor and conn- cilmen, it shall be the duty of the existing board of mayor and conncilmen, to furnish the jndges of the election, a list of such persons as may be in default in regard to such street service or assessment or poll tax, for reference at the election." Sec. 3. Be it further enacted. That the foreffoinj; amendments shall form and constitute part and par- cel of the act aforesaid incorporating said city ; and the «aid act so altered and amended, shall be and re- main in full force. Approved, February 6, 1858. {Pamphlet Acts, '57-8,^. 223. "^■104^ TliE CODE "^ OF THE CITY OF SELMA. CHAPTER I. GENEKAL PROVISIONS APPLICABLE TO THIS CODE. Sec. 1. All ordinances heretofore passed by theRope^ror City Council of Selma, which in .any manner conflict fiinimces. with the provisions of this Code, are hereby repealed in so far as they may conflict ; and all ordinances the subject matter whereof is covered, or in any manner provided for, in this Code, are hereby repealed in so far as the same may be provided for herein. Sec. 2. Neither the adoption of this Code, nor any code not to^ ^ , nrt'ectpenal- ])rovision therein contained, shall have the elfect to ticH already •>■ ' _ mcurrod. release any person from any penalty or forfeiture \vhich has been inciuTcd previous to its adoption. Sec. 3. Words used in this Code, in the present or sisnitica- • 111- n 1 ^'O" o^' past tense, may inciude the tuture, as well as the past ^ord*. and present. AVords used in the masculine gender oender. include the feminine and neuter. The singular num- Number. her includes the plural, and the plural the singular. Sec. 4. The word "person" signifies a corporation as Person. Avell Jis a natural person. The word '' property" in- Property, eludes pro])erty, real and personal. The words "real kpmi prop property" are co-extensive with lauds, tenements and hereditaments. The words "personal property" in- Personal elude money, goods, chattels, things in action, evi-^"*^'^* 34 ELECTIONS. dences of debt, deeds and conveyances. The term Negro. " negro," within the meaning of this Code, includes slaves and free persons of color. The term " person Person of of color" signifies a person of mixed blood, descended on the part of the father or mother from negro ances- tors to the third generation inclusive, though one ancestor of each generation may have been a white person. color, CHAPTER 11. CITY OFFICEKS. THEIR ELECTION, DUTIES, AND COMPEN- SATION. Akticlb 1. Elections. Mayor. 3. City Council. 4. Clerk. 5. Treasurer. 6. Marshal. 7. Attorney. 8. Printer. f». Removals from Office. 10. Fees. ARTICLE 1. Biennial Sec. 5. The clcction for Mayor and seven Corn- mayor and mon Councilmen, authorized by tlie Charter and the onTsi'Mon"^ amendments thereto, shall be held biennially, on the ay in ay. g^^^^ Mouday in May, at such place in the City as the City Council may appoint. Appoint- Sec. 6. Such elections shall be managed by two spectors.'^ Inspectors, two Clerks, and one Returning Officer. The reluniing City Couiicil shall by resolution appoint tlie Inspec- Faiiureof tors. In casc the Inspectors, or either of them, are toTttend? not ill attendance at the time and place appointed for the opening of the polls, tlieir places may be supplied by any freeholders of the city, who may be in attend- ance, and the acting Inspectors shall appoint the Clerks and the Returning Olficer. Before proceeding Their oath, to the clection, they shall take the oath prescribed by Er>?:cTioN^i. 35 Section Two liunclrcd and two of the Code of Ala- bama. The polls must be opened at 9 A. M., and closed at 5 P. M. Sec. T. Only sucli ])ersons sliall be entitled to vote (^naiifiea- '41 'if>ns of at said elections as are qualihed by the laws ot Ala-f lectors'. bama to vote for ineni])ers of the Legislature, and who have been resident citizens of Selma for six months next preceding the day of election, and who have performed the service npon the streets of the city which may be required by ordinance of the city, or shall have paid the assessment for street tax, whicli • may be provided by law as a street tax, in lieu of such service, and who have paid their poll taxes for the year next preceding the election. And it shall be the duty of the City Clerk to furnish the Inspec-cierkt« . . , i'. 1 1 1 • 11 1 ..f'nrnish list tors witn a complete list, ali)hal>eTicallv arranged, otoftiios© • 1 1 -1 ' 1 • 1 11 1 n i cersper- that all the hiws of the city are laitinully and form their i n i ' n Vi ro- priatioii, nor any change made in the existing laws and ordinances, unless eveiy memlier of the City Council at the time in the State, has had notice of the meeting, and of the business proposed to be transacted. Sec. 18. Every ordinance which shall have passed M-ayor'.s ap- the City Council, shall be presented to the Mayor for .iinano.es re- his aj)proval and signature, and if he ap])roves and signs the same, it shall become a law ; and if he should not approve it, he must return it, with his ol)jections in writing, to the Council at their next meeting. In cases of nun-approval, or failure to return the ordi- Atwo-tiiinis nance, the Council shall proceed to re-consider their pliss ordi- vote, and in case two-thirds of the Council })resent n'myoi's vote for the adoption of the ordinance, the same shall become a law ; otherwise it shall not. ARTICLE 4. CU'AiK AND TAX COM.ECTUK AND TAX ASSESSOK. Sec. l!>. There shall be annually elected by the Eiortionof dork. City Council a Clerk of the city, who shall give bond Uond in the sum of ten thousand dollars, conditi(»nrd for 38 OLERK AND TAX COLLECTOR AND TAX ASSESSOR. the laitlit'ul performance of all duties,, which may be legally imposed on him, as Clerk and Tax Collector and Tax Assessor of the city. He shall keep his Must attend office in tlic City building, and attend therefrom nine " A, M. till t\vo r. M. every day, Sundays excepted. Mustattend Sec. 20. It shall lie the Clerk's duty to attend all and keep . i. i /-n- /^ -i i i ' i records of meetings ot the City Council, and make and preserve proceed- /» n t ' . n ■,.,■, ingsat full and complete minntes of all Droceediiii's ot the meetings of i • i council. Council. He shall keep a separate book, in which shall be entered in full all ordinances and laws of the Must pre- elty, M'ith a copious index thereto. He must tile and serve pa- ^ ' _ ^ ^ IfoVs^^ preserve in his office all books and papers of all kinds Must keep belonging to the city. He must keep a book of ac- cityfinan- couiits, ill wliicli shall be entered regularly a state- ment of all amounts of money received l)y him for and on account of the city, and all payments made by him to the Treasurer ; said book mnst show the date and sonrce of every receipt of money. He shall make entries of all appropriations made by the City Must draw Council ; and all warrants therefor must be drawn by Treasury hiiii Oil the City Treasurer, and he must record the priations. date, luimber, and amount of the warrant, and to whom payable, and take receipt from the person to whom it was paid. He shall perform such other du- ties as may be required of him by law or ordinance Salary. of the city. He shall receive a salary of four hun- dred dollars per annum, payable quarterly, in addi- tion to fees as clerk. Shall be tax Sec. 21. The Clcrk shall also be Tax Collector of the cky."^ °^ the city, and as such it shall be his duty to proceed Heidac- immediately on the assessment of the taxes to the forUie ^ collection of the same, and shall be chargeable and amount of licld accouutablc for the wliole amount of the assessed Exception, taxcs ill cach year, and shall only l)e released from such liability by showing insolvency of the person whose taxes he has failed to collect, and by showing the impossibility of the collection of the taxes uncol- lected. He shall receive a salary as such of two hundred dollars per annum, payable quarterly, and such fees as are allowed by the tax laws of the city. TKEASUREK. 39 Sec. 22. It sluill be liis duty to i)av over to the Mus-t pay . . ,'•,.'.. . I over nioncv Treasurer once iii every niontli, and otteiier it reciuircd to tre.isuror 111- 1 and report by the Council, all money collected by Iinn, and report to council, to the Council at every regular meeting, the amount so collected and paid over, Avhich said reports must be filed and abstracts thereof entered on the minutes of the Council. Sec. 23. lie shall make diligent incpiiry and at every Must m- , I ^-^ ''•1 ' 111 quire for regular meeting oi the Council, report any and all tax- and report able property not included in the assessment, baid taxable . . . , inopcrty. report shall contain a descri])tion of the property, and the name of the owner or oAvnors thereof, and the valuation thereof, verified by his affidavit. The Council shall thereupon proceed to assess said prop- erty as in other cases. Sec. 2-1-. The Clerl< shall also be caj ojficio, assessor of the taxalde iiersonal i)ro])erty of the city, and shall as such perform the duties required of him, and receive the fees allowed by the tax laws of the city, and shall also recciAC a salary of one hundred dollars per annum, }iayable (puirterly. ARTICLE 5. TREASUKEK. Sec. 2.). There shall be annually elected by the Treasurer's City Council a City Treasurer, who shall give bond n»n.i. in the sum of five thousand dollars, and receive a salary of two hundred and fifty dollars per amiuni, i^aiary. payable quarterly. Sec. 2»i. It shall be the Treasurer's duty t(» receive Mu^tro- •' eoivp anil from the City Clerk and safelv keeii, all money be- •'•r*'"""' riation of the City Council, on the warrant of the City Clerk, and shall keep a regular account of all moneys j'eceived and paid out by him on account of the city, and shall 40 MAKSHAL. make quarterly reports (.)f liis receipts and payments, to the City Council. Must pre Sec. 27. Hc sliall carefully Hie and preserve all and papers, books and papers connected with his ofUce, and de- liver the same on the expiration of his term to his successor. ARTICLE 6. ■Mnrshal's election. Bond. Salary. Oath. Duties. Must patrol the streets. Preserve order. Execute process. Shall eon- trol poHcP viid patrol. Shall keep streets in order. Sec. 28. The City Coaneil shall annually elect a City Marshal, to serve one year, or until his successor is elected and qualified, who shall give bond in the sum of one thousand dollars, conditioned for the faithful discharg-e of his duties, and receive as com- pensation one thousand dollars per annum, payable quarterly. Before entering upon the discharge of his duties, he must take and subscribe the following oath, viz : " I, , do solemnly swear that I will faith- fully discharge all the duties of City Marshal of Selnia, to the best of my ability and knowledge, without fear, favor or partiality, so help me God." The bond and oath must be filed by the Clerk. Seu. 2!.>. It shall l)e the duty of the Marshal to patrol the streets of the city at all reasonable hours, but especi- ally on the Salibath ; to })rescr"S'e order, and arrest all violators of city laws or ordinances, and bring them before the City Court, and to slop all rude, riotous or disorderly conduct. lie shall execute all warrants, subpaMias, and other process, issued by city authority. The Deputy Marshal and all policemen and patrols diall Ije under the direction and control of the Mar- shal. Sec. 30. It shall be the Marshal's duty to see that the streets are kept in good and proper condition, and he sliall have a general superintendence of all who may be working on the streets. CITY ATTORNEY. 41 Skc. 31. The Mnrslial shall inake out and kcc]) a siiaiHvj,>^<- correct list of all persons liable to pcrtbrni Patrol j;;;;i|-^«»^^r<-- duty, divide tliem into squads, and 'appoint leaders t^''-^- for every squad, and report daily to the C^lcrk all de- faulters from ])atr<)l duty. Si-:c. 32. The Marshal shall he vii;ilant, and take spoomuiuty to enlorco all proper means to prevent the violation of all the ^['^^^''^;;^"'^'^ laws relative to slaves and free nejiTocs, and especiallv "'•""' "p- ~ ' J- • groi's. the laws respectinix illegal trafHc with slaves. Sec. 33. The Marshal shall collect all lines and Must poiiect and pny to forfeitures and costs, find innnodiatelv pav over the •''^'''k tine?, same to the Citv Clerk. ARTICLE 7. riTV ATTOKNF.V. Sec. 31. There shall he elected annually hy thcEiertion. City Council, a City Attorney, whose duties shall be : Duties. 1. To institute and cany on all actions of law or in e(|uity, in favor of the city, to linal judgment, and to defeiul all suits brought against the city where a defense shonld be made. 2. To appear before the City Court mIkmi ntjtilied by the Mayor or a Councilman, and ])rosecute all persons charged with violations of the laws or ordi- nances of the city. 3. To investigate all titles on behalf of the city where required, in wiiting, and furnish written reports thereof. 4. To give a written opinion on any question of law, when re(piired by resolution of the City Council or written request of any nuMuber thereof. 5. To reduce to writing all contracts where thecity is a party, and to ap])rove such written contracts be- fore the same are jterfected. 6. To furnish the Mayor, when required, with a Avritten statement, ]»reviuus to the trial (tf every case pending, where the city is interested, fully advising 43 orrY printer. him as to tlie legal points, tlie testimony necessary for the city, and all other matters relating thereto. 7. To furnish the Council with a written statement of all suits pending, wherein tlie city is interested, at least twice every year, 8. To pay over all money collected as Attorney for the city, within live days after the collection. Salary. Sec. 35. Tlic Citv Attorney shall receive a salary Bond. of two hundred dollars per annum, payable cpiarterly, andrijinst give bond in the sum of one thousand dol- lars, conditioned for the faithful performance of his duties, and shall also receive fair and reasonable fees tor all services rendered the city outside of the city. ARTICLE 8. CITY PRINTER. Election. Sec. 36. There shall be annually elected by the City Council, a City Printer, who shall receive such Pay. pay as may be determined at the commencement of each municipal year. Duties. Sec. 37. It shall be the duty of the City Printer to publish all laws, ordinances, notices and advertise- ments of all kinds which the City Council may re- quire to have printed and published, and also to print promptly and neatly any and all matter which the City Council ma}^ require to have 2>rinted, for and on account of the city. Bond. Sec. 38. The City Printer shall be required to give bond, with sufHcient sureties, in the sum of one thou- sand dollars, conditioned for the faithful performance Forfeiture, of his dutics ; and for any failure therein, or any negligence or tardiness therein, he shall forfeit any anuumt not exceeding the amount of his compensa- Provi.so. tion, that the City Council may determine ; provided, that l)cfore the Council shall proceed to declare any such forfeiture, the delinquent shall have five days LIABILITIICS OF CITY OFFICEKS FIJE^. 43 notice thereof, and tihall have opportuuilv to isliow cause or excuse for Iiis dcliiKj,uencj, ARTICLE 9. M.VIUMTIES OK CITY OFFU'KKS. Sec. oD. It sliall be lavrfiil for tlie Cit\^ Council atoffioovs any time, wlieu iu their jud^-iueut the interests ot tnemovc.i. city require it, and tlien only, to remove from otlice any otiicer appoiiit^'d or elected by said City Council. And if deemed proj)er, the}' may allow the vacated office to remain \'acant, or they may at tlieir discre- tion ]>roceed to iill the same. Siic. 40. When any officer of the city shall neglect, rmiisii^^ or without sufficient excuse, fail to discharge the duties hnqnc'S'' required of him by city laws or ordinances, the City Council may, at their oi)tion, proceed to bring suit against the delinipicnt on his bond, or may declare a forfeiture Vjf any portion of the delinquent officer's compensation, after having given him live cj^^i's notice Notice. in writing, stating the delintjuency complained of, and the time and place of the meeting of the Council. And the alleged deuiKpaent shall hiivo opportunity to make Iiis defense in person or by counsel. ARTICLE 10. Sec. 41. The following fees sliall be i)aid to officers hereinafter nanied. A Conncilnmn i)erforming tlie duties of the ]\[ayor, shall be entitled to the i'evi^ al- lowed the Mav«>r. (I 44 FEKS. Mayor. 1. To the MutJOl' / Fur every license granted by liini ^1 00 Fur every cxecntion signed l>y liim 50 couii.iimcn 2. To tt Councihiuui : — For trying any case 1 00 Clerk. 3. To the Clerl: : — Fur every license issued Ijy him 1 00 Fur every statement or executiunlVir taxes issued l)y liim 50 For levying the same anorate limits of the City of Selnia, suhject to tax- ation. Said assessment shall be made by three dis- creet and C(nn|)etent ])ersons. Avho shall be freeholders in said city, and "who shall be ai)|)ointed l)y the City Council for that |)ur])ose, at their meeting held in '• April of each year ; and it shall be the duty of such })crsons to proceed to dischariji;e the duties cftmmitted to them, as soon as practicable ; to make out a care- ful schedule of all lots (">r ]")arcels of land, in said city, subject to taxation, and - the name of the owner at that date, when knoM'U, or when mikuown, so stating. Sne. 44. On the comjdetion oi' said schedule and Kctmn of valuation, tlic same shall be returned to the otiice of "oacrkr" the Clerk of the city, where it shall be oj)en to the f" oi^eotiKs insi)ection of all persons interested therein; and it i"on.f.°'"'*''^" shall be the duty of the Clerk tonotifv the Mayor of such filing, whereupon, it shall bo the duty of the Mayor to cause notice to be given by advertisement in some news]ia]")cr ])ublislied in said city, for ten days, notifying all jici'sons interested that said sched- 4:6 TAXES. iile and assessment has been made, and is on lile in the Clerk's othce, and opan to the inspection of all persons interested, and reqniring all persons whojonay he dissatisfied with said assessment of their property, to come in within ten days, and iile with the Clerk of the city their objections to said valnations or assess- ments, which objections ninst be in writing; and when no objections shall be so tiled, within the pre- scribed time, the owner or owners of the land, as val- ued or assessed, shall not have the right thereafter to Council object to sucli asscssmcnt ; but the City Council shall asses^men't. liavc the right and power at any time before final action on said assessment, to make such corrections in the valuation as the facts and justice may seem to require; provided that in cases where the Council shall in- crease the valuation, as made by the assessors, the party or parties interested shall have ten days within which to make objection to the increased ^^aluation. Council to Sec. 45. After theexpiratioii of the time proscribed determine ^ r.^ -, • . ,-. • i • i ti i i i ohjections. lor Tiling objcctious RS atoresaitl, it sJiall be the duty of the City Council on a day named in said adver- tisement, to proceed with all convenient dispatch to hear and determine all such objections so filed in writing, on such testimony or facts as may be within their knowledge, or may be produced before them by the parties interested ; and if it shall appear that any of the valuations are incorrect, they shall alter such valuations, by raising or reducing them, as the facts of the case may in their judgment render proper and just, otherwise the valuation as made shall stand; and for this purpose the Council may adjourn from time to time until such objections shall be disposed of. sciiieofvai- Sec. 46. In all such assessment or valuations of beequX^'' laiids withiu said city such scale and system shall be adopted as shall be calculated to render such \'alua- tions as nearly equal and equitable between the owners thereof as may be practicable. Clerk to Sec. 4T. It shall be the dutv of the Citv Clerk to lieeprecord , ■' « i' r^ m of proceed- l^eei-) ft rccoi'd ot all the proceedings ot the Council, and enter the same ujion the minutes, m relation to TAXES. 47 tlie deteniiiiiiug of objoctioiis which mny bo made to valuations of lands, as herein provided. Sec. 48. After the valuation and assessment, as certitionto t') schedule aforesaid, shall have been completed and approved by the City Council, the valuation as made and the approval thereof shall be certified by the Clerk and Mayor of the city, under the seal of the cit^^, which certificate and seal shall bo attached to the schedule of valuation, and make reference to it. Sec. 49. The Citv Clerk shall 1)0 assessor of the The cioik . , . " . , . 1 . , to be asscs- taxable iiersonal lu'oiiertv withm the citv, ami asf^orofper- 1 ' T 1 h' » -\r sonal prop- such he must for ton days jnocediuii; the 1st ot JMayorty. of every vear, ])v advortisemont in the citv )iewspa- Notice to . ." , ■ . r'l • 'i • iu taxpayers per, notifv and ronuiro all ])orN()ns to nle in ins omce, to fumisii by the l(>th day of May, coni[)loto schedules or state- <■''' piopcity- ments inider oath, settini;' forth the amount and de- scription of all their pergonal jiroj^orly subject to tax- ation, the amount of sales of merchandise foi- twelve months next precedin<>' the 1st of May, and all other subjects of taxation, except real estate, which they may have in the city on the 1st of May ; and the Clerk must also fui'uiKh all persons who may ask for the same with blank lists or scliedules. Sec. 50. In case the said schedules are not filed by ciork to .i.- the 1 0th of May of each year it shall lie the Clerk's "h "(ii.u-s , ,' . T ' 1 1 1 ,» n of tliose f:lil- uuty to proceed immediatelv to demand ot all persons ingtohrin- , '. , , , " , 111 them Ml. havinp: taxable personal propei-ty, the schedules men- tioned in the ju-ecedini;- section, and in case they re- fuse or fail on demand to render the same, or if aAndmakc schedule is rendered which the assessor has reason toui'ps^of 1 ,. . . i ■, • 1 1 1 - • 1 , . thouc refim- beiieve is incorrect, it is iierel)y made Ins dutv totofmnish 111 1 11 • i' tllClll. adopt the bosc means, and resort to tlie best evidence which may be available to ascertain the true amount and descrii>tion p,,,oi,f, from every ]HM-son who fails to file his schedule in {)y tho.ie'^'^ the manner required in the two prccedini; sections, fiio^da-d" for every visit oi- ai»i>li('ation he may make to them"''"" lor said schedules the sum of twentv-fivc cents, and 4s TAXE: ill case it becomes his cluty by reason of a taihire or refusal to render the same to prepare and report the same, he cliall be entitled to a fee of two dollars, whicli said snms are to be taxed with the other taxes and collected in like manner from the person or per- sons liable therefor. Ketiun of Sec. 52. Wlicn tho asscssor sliall have ctateuiont from the schedules ol'cieikimist tlion inake the vahuition of the real estate, aiul from the sched- complete ules of persoual pro] »i'rtv, persons aud sales of mer- «'icnmon» 1 1 1 . :> i ^ of taxes iln chandise, and other suhjects of taxation within tlie ■^'^•jcj^^*^'™^' city, when returned and approved of, tlie amount of taxes tliereon due, according to the rales of taxation which may luive been levied or assessed by the City Council, with the names of the persons lial)le t(_) tax- ation ; aud when such statement is concluded it is the duty of the Clerk to lay the sanu^ before the City Council, wliereuiK)n they shall examine the same and make sucli correction therein as may be necessary council wiii 'I V correct tlie and projter. And thereupon it sluUl be the duty of «'"*^'"«'"t- the Clerk and Mayor to certify the same, under tlie ccvtificatc. seal of the city, as a correct statement and account of the taxes due to said city for the current year, ac- cordiui;- to the valutions and assessments, a])iu-oved A. M. till 2 V. M., for the pur- pose of receiving taxes. E\"erv person who nuiv fail i-ves duo to ' . ", ' , Clerk from to pay his taxes at the time the same riecomcs due aeiinqueniH shall be liable to pay the Clerk for collecting the same, in case the same is under twenty-live dollars, a fee of fifty cents ; and if between twenty-five dollars 50 TAXES. and one liiuidrL-d duUurs a lee of sevcntj-iive cents ; and if over one hundred dollars one per centum upon the amount tliereof. The above fees arc to he due to the Clerk for collecting taxes where the saiae arc paid Avithout any further proceedings l)eing had. cierktois- Sec. 57. But iu casc the same are not paid within iiientin case forty davs after they become due it sludl be the duty taxes ai'f '' ', -, ' notpaid in ot tuc (jlcric to nuiKc out a stntcnicut of the taxes due, which shall accorduig to tJic Certified schedules and statements liave force ^ . ' t • ^ ofexeru- atorcsaid, which Statement shall be certiiied bv the tinns. ,. Clerk aiul Mayor of said city as a correct statement of the anu)nnt of taxes due in such case or cases, and thereupon said statement siiall have the force and effect of an execution, to be returnable in all cases, l)y the Clerk, Avithin thirty days, except in those where the property levied on is j-eal estate, and the owners are non-residents of the State of Alal>anui, or unknown, in whicli cases tlie same shall be return- able in ninety days, and when returned not satisfied alias statements, may be issued and returnable in the same manner when deemed necessary and proper by the Mayor, statements Sec. 58. All sucli statements may l)e levied, and iedandsaies salcs aud collectioiis n.uide thereunder, on personal inaile there- j. i • i i i j_ underas pro]>erty, as levies and sales on pei'sonal property are eutions' authorized and made under executions from Justices levied on ,. . , -p, . , , . ^ , personal 01 tlic i cacc, witii Sainc adx'ertisemcnt, where per- l)roperty. , ji • • • > i i i i sonal property sunicient to satisly tlie demand can be found ; and where no personal property can be found liable to satisly the said demand within the city it shall be the duty of said Clerk to return the state- ment of the same with a certificate of the tact, ui case 1st Sec. 50. It sluill tlicn be the duty of the Clerk to unsatisfied make out auotlicr statement of same kind, and state it rC"is^iic.'^ against real therein that return havinii; been made that personal estate*. property sutlicient and liable to satisfy the taxes due in this case cannot l)e found, this will be levied on real estate, which statement or order shall be signed by the Clerk and Mayor of the city, under the seal of the city, and shall have tlie force and etfect of an r TAXES. 51 execution, and wliicli may be levied on lands or other property liable to levy and sale under an execution from the Circuit Court of Dallas coinity, and such property shall be sold for the satisfaction of said de- mand with tlie interests and costs due in the case. Sec. 60. In all such cases notice of such sale shall sniesmust be given in some newspaper published in the city fortiseii. four consecutive weel' liii<|ii('iit. 52 LICENSES AND LICENSED OCCUPATIONS. be paid in the same iiianner ; and all persons owin^ taxes to said city, and all property, shall be charge- able with all the costs which may be incurred by the advertisement and sale of any property for taxes due under this ordinance. ARTICLE 2, LICENSES AjfD LICENSED OCCUPATIONS. Persons re- Sec, 65. All retailers of spirituous liquors, or of quired to i. t p . t r> takeout malt linuors, or oi cic-ars, keepers ot restaurants, ]iC6IlSGS "^ hotels and taverns, hawkers and pedlers, or transient merchants, pedlers of ice cream, keepers of ten-pin alleys, billiard and ])ool tables, venders of lottery tickets, owners of drays, wagons, carts, hacks, cabs, carriages and omnibuses, kept for hire, or for any other than private use, porters and day laborers, washerwomen and seamstresses, daguerrian or am- brotype or other similar artists, proprietors of cir- cuses, theatres, lecturers and other exhibitors of shows for pay, shall be required to take out licenses, to be issued by the City Clerk, before engaging in their several occupations, for which they shall pay the amounts set forth in the succeeding section. Sec. 66. The following licenses shall be collected, vi;^ : For every retailer of S]3irituous Liquors per annum $500 00 For every retailer of Malt Liquors per annum. 20 00 For every retailer of Cigars per annum 10 00 For every Restaurant ])er annum 10 00 For every Hotel or Tavern Keeper 20 00 For every Hawker, Pedler or Transient Mer- chant 25 00 For every Pedler of Ice Cream 10 00 For every Billiard or Pool Table 25 00 For every Ten-pin Alley 25 00 'W^ LICENSES AND LICENSED OCCUPATIONS. ,53 For tM-ery Vender of Lottery Tickets 25 00 For^very Omnibus 20 00 For every 1 liorse buggy kept I'or hire 5 00 For ever}' l^iorse vehicle kci)t for hire 10 00 For every 2 horse veliicle kept for hire 15 00 For every 4 horse veliicle kept for liire 20 00 For every Porter or Day Laborer 5 00 For every Washerwoman or Seamstress. .... 3 00 For every Daguerrian Artist 10 00 For every Circus, for each exhibition 10 00 For every Theatrical Exhibition, Show, Lec- ture, Concert, or any other Show or Exhi- bition for pay 5 00 For every Dray, Wagon, Cart or other vehi- cle used for transporting goods, or other commodities, from one i^art ot the city to another for pay or hire, including all lum- ber and brick wagons, and carts, and drays used b}' contractors, builders and others in fnltiling contracts, and for other purposes, if drawn by 1 liorsc, mule or other animal per annum 10 00 If drawn by more than one horse or other animal, i)er annum 15 00 Sec. CT. All ani-aiaJ licenses shall expire on the 1st Liccnt^ps day 6f October, and the applicant therefor shall only i^t oc^toZr. pay in proportion to the time the license shall con- tinue. The City Clerk shall keep a full and complete register of all licenses issued l)y him ; and for every license issued by hitn the a])]>licant shall pay one dollar. Sec. 68. There shall be no liccjise required for ex- Exception hibitions or entertainments for the sole benciit of re- jnw.^*'"''® ligious or charitable objects. Sec. 69. Any and every person failing to take out Pennitics a license, as required in Sections G5, 66, 07 and 68, takinpout sliall, upon conviction, l)C liahle to line. In case the amount of license required from the oftender docs not exceed fifteen dollars he shall be lined live dollars for each day he engages in said business without 54 LICENSES AND LICENSED OCCUPATIONS. ••J license, and if the amount of license required exceeds ' fifteen, but does not exceed fifty dollars tlie offemlcr shall be lined ten dollars for each day he enica<»:esnn such business Avithout license, | And if the amount . of license required exceeds fifty dollars the ofiender shall be fined twenty -five dollars for each day he en- gages in such business without license. / Licensed Sec. 70. Tlic owucr of cvcry licensed dray, wao-on, vehicles ^ ' o ' numbered cart Or ycliicle of like kind, shall be furnished by the City Clerk witli the number of his license, fairly stamped on tin or iron plate, which shall be attached to idle most conspicuous part of saidyehicle, for which the owner or applicant shall pay the Clerk fiJ''cent& ; and all drays, carts, wagons or like yehicles without such number attached shall be considered "not licens- ed" and punished accordingly. -. Price for Seo. 71. The pricc or char2:e for haulintj; a load Lining, fy^^j^ on 6/ part of the city to any other part thereof Amount of sliall be .y-5 cents. A full load for a one horse yehicle shall be fiye hundred feet of Inmber, or one hogshead of sugar, or other commodity of like weight, three barrels of molasses, six sacks of salt, or not exceeding twelye hundred pounds of any article not herein en- umerated ; and in that proportion for a yeliicle with two or more horses or mules. Cotton shall be haided at the rate of ten cents per bale. If the driver t>f a Penalty for liccused dray, wagon, or other like vehicle, refuses to loadOT^ carry a load from one part of the city to another, be- tween sunrise and sunset, without good excuse, or charges more than allowed by this section, the owner thereof upon conviction shall be fined five dollars, and the driver, if a negro, punished with thirty lashes. Ratesaiiow- Sec. 72. Hackmeu shall not be allowed to charge more than the following rates, viz : for carrying a passenger to any place within the city limits 'twenty- fiv# cents ; for a passmrge» with baggage not exceed- ing one hundred pounds in weight fifty cents. They shall, however, be allowed to make special contracts for the use of their hacks at a rate not exceeding one dollar per hour. But after the liour of ten P. M. overcharg- ed hack men LICENSES AND LICENSED OCCUPATIONS. 55 they may cliar2:e double these rates. Any liackuicn Ponaiiy fm- viohatiug the provisions of this section shall be fined i"s- teii. dollars,- 'to t)C collected of the OAvner or agent thereof, one-half of which, when collected sluiU go to the informer. If -the driver- 4>© a negro lie shall be p««4«hed with-4he infliction of thirtj-nine lashes, in ;axI4ition to tho ii44d» Sec 73. The owner of every hack, carriage or cab naoUs must sliall be re(|uired to have the nund)cr thereof painted eii- in figures, noteless than three inches long, on the lamps thereof jTand to In^^iung up at all times when in use, on the inside of^R carriage, a cojiy of this and the preceding sccti^k-and failing* to do so shall be fined not le^Wuni lil^uollars. Sec. 74. Every person who sells spirituous licpiors, who con- in less quantity than one (piart, or sells liquor and taiiers'. alloM'S the same to be drunk ui)on or about his prem- ises, is a retailer of spirituous li(pu)rs, and is required to obtain a license as such. Sec. 75. Licenses to retailers of spirituous liquors Kctaiicrs must only b e issue d by the City Clerl^upon the order only by of the City Coun^l, and such order must not be given city council imless the applicaiit make satisfactory showing of his character and morals. Such license shall not author- ize any one to retail liquors at more than one place nnder one iind the same license. A •■■■ ~" Sec 76. It shall be unlawful tor retailers to suffer RptMikis gambling of any kind to be carried on on their prem- "nt^'i'gmn- ises, or to suffer negroes or mulattoes to act as clerk, prem^Hcs^ ' bar tender, tapster or drawer rif liquors, or in any other capacity than as porter ; and any retailer viola- ting in either respect shall, on conviction, be fined fifty dollars for every offence. Sec 77. Any licensed retailer or other person who Rdiiiicis give? or delivers or sells to any minor, or to any other nqn'w to ,. ,1 r, 1 . • 1 . 1 ' minors pun person for the use of such mmor, without the consent ishcd. of the parent or guarcnan of such- minor, any intoxi- cating li MARKET REGULA'nONS. Auetioiieors uii auctioiieei', or sell for any other person at anction, real or personal property of any kind within the city, ■\vithont lii'st obtaining the appointment of city anc- tioneer, from City Council, for wliicli piavilege lie sliall i^ay on all goods sold by ]iim at anction a tax not exceeding one per cent, on amonnt of sales, or not exceeding fifty dollars per annum, except cargo sales on foreign imports, those made by executors, admin- istrators and guardians, as such, by order of Court, or under legal process and under any deed, will or mort- gage, and any person so d^^ shall be lined not ex- ceeding fifty dollars for ev^f ofl'ence. Licenses ^^^- ^^- ^^ 'liccnse of amvkind shall be transfer- a^ie'but'fre" ^^^6 without pcrmissiou or the C^ Council, and revocable. ^^^.^^^ j^^ rcvoked by the Council when the owner is guilty of gross violation of the laws and ordinances regulating the business licensed. . • ARTICLE 3. MARKET REGULATIOXS, " TimeHiKi ^^^- ^^' "^^^^ market shall be divided into stalls, renti'nr?' wliicli shall bc numbered, and rented to the highest stuUs." • -bidtier at twelve"(f c^k M. on tlie 1st Monday in Oc- tober of every year. One fourth of the rent to be paid in cash at the time of the renting, and the re- mainder to be due in quarter-yearly payments there- after, to be secured by notes, with two good sureties. The Council shall reserve the right, in case the rent is not paid promptly, to retake possession of the stall and re-rent the same at such time and in such manner as to them may seem best. Sec. 81. Anv person renting more stalls than are Ivo persons c j. o ^ ^ runtmore neccssary for his business and retaining possession stalls than thcrcof, after notified to release the same, shall be ^''^''y* liable to a fine not exceeding fifty dollars for every day he so retains possession of the stall or stalls not really needed by him in his business. WEIGHTS AND MEASURES. 57 Sec. 82. Market hours shall bcs-in halt" an hour l)e- Market ^ hours. fore daylight and end at nine o'clock A. M., from the 1st day of October to 1st day of April ; and half an hour before daylight and end at eight o'clock A. M., from 1st of A})ril to 1st of October ; but on every Sat- urday the market may remain open all day. The Marshal shall cause the nuxrket bell to be rung at the beginning and end of market hours. Sec. 83. No person shall 1)C allowed to buv or sell r5''V'np: rovisions, lor the purpose oi Bi)eculating on the same, shall, on conviction, be fined ten dollars for each offence. _ -^^ Sec. 85. At the close of market hours the lessees of Market. the stalls shall be recpiired to have their stalls, benches, "leaned. tables, cutting blocks and scales, swept, scraped and thoroughly cleaned, and any lessee violating this sec- tion shall be fined on conviction five dollars. ARTICLE 4^ WEIGHTS AND MEASURES. Sec. 86. All weights, measures, or balances, used weishts in the city for weighine; or measurinc: any article of ''"iinto T 11. 1 . 1 •, ,1 , ^State.stun- produce or mcrcliandise, or anything else, shall be of :'r^- measure, or iialance, other than that n\entioned in the l>receding section, on conviction thereof, shall be fined in the sum of five dollars and costs for each and every oliencc. 58 WEIGHTS AND MEASURES. Pcnai^yjor Sec. 88. Evei'v person fraudulently using* any false false ° weifflits, measures or balances, in sellino- or buying, weights, &c. , . ° ^ t?' on conviction thereof, be fined in the sum of fifty dollars and costs lor each and every offence, one-half of said fine, when collected, to go to tlic informer. Penaifv for Sec. 89. If any person or persons shall sell any ar- iaise tide or commodity or other thiua; by a fjilse mark, weights, or •' n j 5 swincuingin brand, number or device, or fraudulently sell falsely any way. ' ^ J j packed flour, sugar, or in any way cheat, defraud or swindle in selling within the city, such person or per- sons shall be fined, on conviction, in the sum of fifty dollars. Sec. 90. It shall be the duty of the Marshal to go round at least once in each and every year and test all weights, measures and balances used by the citi- zens or other persons, and brand the same with some uniform letter or device ; and for each brand he shall receive the sum of ten cents, to be paid by the owner or owners of such weights, measures or balances; Provided.) however, that all weights, measures, bal- ances, &c., having been once stamped or branded by the Marshal, and upon i-e-inspection by him, found to be correct, shall not be subject to any charge for the inspection, as in such case, no additional brand shall be i>equired ; and for inspecting and regulating scales he shall receive o^e dollar, to bei paid as above. STKEETS AND ALLEYS. 5y CHAPTER IV. STREETS AND SIDEWALK!;. Article 1. Regulations for keeping ui) and changing streets and alleys. > " '2. tSidewalks. " :l. Obstructions and other oircnce.-* rclatinir to streets, alleys and sidewalks. ARTICLE 1. KKGlI,ATIONS lOi; KEtl'lNli IT AND Cil.VN(;iN(; STREETS AND AM-EVS. Sec. 1)1. Even- white iiuilc inluibitant of the city, ,^^;\"^^„'"^.^*;|: between the a^vs of eighteen and forty -live years, Xt* [,oV except those le^-ally exempt, and all male negroes °"""^ between the ages of fifteen and sixty years, are hereby required to work n]ion the streets of the city, at such times as they may be recpiired by the Marshal of the city, not exceeding ten days in any one year. But an}'' i)ersun hereby re(|uired to work upon the streets • ' 1 • 1 Exoniplion may obtain exeiwption therefrom, by pay nig the sunn>y pnynunt of four dollars per annum into the City Treasury. Sec. 92. Everv person failing or refusing to obev I't^na'ty f;D ALLE\>. al'iowoiu" ^^" ?^"'^^^^ ^i">' <^t the atreots in the city oi' Selina, with- c^'nVstrtb= *^'^'t t^^^ consent of the Citv Council, and all changes, *',^„'gi'"nP7' extensions and alteration!; shall he dune under their Council. (lli-cctiun and supervision. Any person violating this section shall u])on conviction before the Mayor or any Pen^itv. iiieniher of the City Council, be lined in a sum not exceeding iifty^ dollars. rityc.,u>i.Mi iSec. 05. Whenever the City Council shall deem it deeming it ,. i- ^i • , , ,• i -^ i> expedient expcdicut or ncccssary tor the interest ol the city ot to oiJen . " - ' jitieotsmnst Ibelma to make, alter or extend any street or alley giTe notice. . . i . i 1 1 t • i • Within said city they shall, belore making the neces- sary order for such opening, altering or extending, give ten days' notice thereol, by advertisen.'ent in one of the newspapers of the city, specifying the name of the street and where located, and the nature of tlie proposed change, and requiring any person or persons oi>posed thereto to ap])ear l>eforc the City Couneil at a time named, after the ex[tiration of the ten dayii, and make known their objections. .Jury em- ^^^- *"^*^'- ^^\ '^^t'.n' hfeariug sucli ohjectioiis, the Coun- fo'^lsfl'^^' <"il «li^ll think proper tomalfe such order for the open- ing, altering or extending such street, then it shall be the duty of the Marshal, under the order of the Mayor, to summon a jury of seven disinterested free- holders, residents in the city of Selma, to appear at a certain time and place, for the ]>urpose of assessing the damages Avhicli may l)e done to the proi)erty of any person or persons by the opening, altering or exten- sion of such street or alley. •Tiiry >=>¥ora. Seo. 07. Wlicii SO assembled it shall be the duty of the Mayor, and in his absence or disqualitication, of any member of the City Council, to impound said jury and swear them impartially to assess the dam- ages which the property of any person or persons may suffer by opening, altering or extending the sti'cet or alley shown them, taking into consideration the ad- vantage or disadvantage which may accrue thereto. Sec 08. The iury shall then proceed to their exam- .Jiuv pro- ''■ cij A ^ t*e^djte^^«''-injition and assessment ot damages, according to their ges and , of|-,^ Said asscssmcut so made shall be reduced to write ana '.'ini"^. ■^ liamage-?. SIDEWALKS. 61 writinpj and signod by said jury and rotnniod to tbe ^^*H^j,^"^^;|j^ ^ Clerk Avitliin tlirce days, and ])\ him entered in full on the records of the city. Skc. 99. Any person who may 1)0 summoned as a iVirIj''r"'pnu. juror, in accordance witli Section 90, and who fails or "''"''^• refuses to attend at the time and place designated, shall on conviction he lined live dollars. Skc. 100. Suitable sign l)oards shall he placeil on J[;;;;;^';'^'-^- or at the corners o£ the jtuhlic streets and alleys of {J".,rj|oH Selnia, with the nanu' of said street (»r alley plainly ^"^*"'''''' printed thereon ; and the City Marshal is required and empo\wree ])unished with thirty -nine lashes. m- ARTICLE 2. SIDEWALKS. Sec. 102. Everv o(\'ner, ni>-ent oi- claimant of a lot- '''-opfrty shall make and keep in irood reitair a sidewalk on the >i"'>ed to i i^ 1 _ niako Hidc- wholc length of the front of such lot, of the following }\ni'i^'»»'^ M'idth, viz : on streets not over forty feet wide a side-'''*^'"f**^*- walk six feet wide; on streets forty feet and not over si.vty feet wide, a sidewalk eight feet wide ; on streets sixty feet and not over one hundred feet wide a side- walk ten feet wide; on streets over one lnmdred feet wide a sidewalk twelve feet wide. Sec. 103. On Broad street, between Water and in part'- of _, , Brnad and Selma streets, and on AVater street, l)ctwccn Churcii water !struction at the expense of the owner thereof, and,^ any one liable for and refusing to pay such expens^hall be fined not exceeding fifty dollars, and imprisoned not exceeding tliirty days, one or both, at the discretion of tlie officer before whom the offender may l»e tried. Sec. 10!>. Within the lire limits no verandah, l)al-'^-*|!^;;j};;'','„^ cony, gallery, awning or other ])rojection attached to loiffl'^h^lu any building shall be erected at a less height than twelve and a half feet from the sidewalk, nor extend beyond the width of the sidewalk. Nor shall any sign or signboard be allowed to project over or across the sidewalk ; ami all i)rojections now existing in vio-si^jn must !• i»i'i 1111 1 "^ not project. lation of this law are hereby declared mnsances, and Prqiect'ionf' . . . ■ declared if not removed within ten days after notice civen by nuiPiineef. '^ •' and must be the Marshal must be removed by the Marshal at the ro^o^'ed- expense of the owner. The posts or columns to su])- port the verandahs or balconies must be coini)osed of iron and ])laced on a line within four inches of the outer line of tlie curb of the sidewalk. No other ])roiections must be so constructed as to be su]>portcd by any ])usts <»r ])illais erected in Ihe street or on the 64 STKEKIS, ALLEYS AXf) 81I)PJWALK8. r.isis antl pillars. side-walk. JSTorsliall any other posts or pillars be erect- ed in the streets or sidewalks (except temporarily while building,) but those used to support the telegraph wires, and for gas lights, and posts placed ou the outer edge of the sidewalks to be used for hitching horses, which shall not be less than four feet hig!;. On Water and Broad streets, as far as brick pavements are required to be built, said posts must be construct- ed of iron ; and all posts now standing not eomposec lined live dollars, and one dollar for every day that the same shall remain al)ove the sidewalk after notice is given to lower the same. And every cellar door now above the sidewalk shall be declared and abated as a nuisance. .skilwaTk Sec. 111. Every person who shall erect steps on the under'pen- sidcwalk, witliout the consent of the City Council, "'*^' shall be fined five dollars, and shall be liable to a fine of five dollars a day as long as the same may reniain. fudn°"1de- ^^c. 112. Any pei'son A^ho shall in any way injure JutteT."mnst ^i^.y sidcwalk oi' guttcr shall cause the same to be re- iiuwenty-'''P''iii'Gd within twenty-four hours thereafter, and fail- lourhours. -^^^ ^^ ^^^ ^-[^^ uiav, ou couvictiou, be lined five dollars for every da}' tlie same remains unrepaired. stoppingve- Sec. 113. The driver of anv vehicle who stops the hide across , i' t • streeterops-same in tlic strcct across and obstructing any street ing prohibi- , . , . ' ted. crossing, and leaving it there, or refusing to move on out of the way when requested by an officer or citizen, must, on conviction, be fined five dollars. Horses, &c , Sec. 114. Auy pcrsou leaving standing alone in the attached to i ' i i • i j_i i vehicles, strcct any horse, mule, steers or other animal attacn- mu.stnot -, . 1 1 ,1 . . 1 J.' 1 standalone ed tO RDV Vclliclc, sliall, Oil COUVlCtlOU, l)e flUed llOt unhitched " , > -, , ill the street more than ten dollars; Fromded^ that drivers of dravs may leave their horses or mules alone if secure- L-X-ceptioii. •' •' ly hitched to the wheels. Sec, 115. It shall not be lawtiil for any person to >!TKEETS, ALLEYS AND 8IDEWALK!^. 05 erect uny building or fence in Sclnia ho as to encroach ^l",^lp"'j^.\ upon any of tlie streets or alleys, and any person ^<>;".on!.i'ron'" doing, on l)eini:: requiretl by the City Marshal to re- ^''■'^'''' move the same, and refusini;- or nei:::lc-ctinj>- to do so for twenty days, shall be lined in any sum not exceeited. tiie streets ol belma, without hi^^f^'onsnltnig the Marshal, and ol»taining his assent thereto : and all dirt or soil raised and thrown ujion the streets, from the digging of cellars or otherwise, shall be removed by the owner or oNvncrs of said cellar or cellars, and deposited at such ]>lace or })laces as tiie City Marshal shall designate. Any person violating the provisions of this section, shall, on conviction, be line or cause to l)e taken up and impounded, all ceedings liogs fouud running at large in any of the streets, thereupon. /" , i ,' i t , ' ,• a ^ •- alleys, or out lots or vacant lots ot belnia, irom the lirst of November till the first of June in each year, and it shall be the duty of the Marshal to re(|uest owners wf hogs in the vicinity of Sehna, to furnish him with their respective marks, and on ilnd- ing any of their hogs imj^ounded, to notify the owner and to deliver them over to him on application, he paying for their feed only. Idem. Sec. 124. After live days public notice by the Marshal, all hogs impounded and iu)t redeemed by the owner, (at twenty-five cents for taking up, and ten cents per day for feeding them,) shall be sold at pub- lic sale for cash, to the highest bidder, and aftei' pay- ing all expenses, the balance of the money, if any? shall be paid into the City Treasury, subject to the order of the owner, if known, owner.sof Sec. 125. For the ])rivilege of keeping dogs in the fiu°nisiia*ii&tcity, it sludl be tlie duty of each person owning dogs pay'tax ''"' to rcudcr to the Clerk a list of the same, have them registered and numbered, and pay twenty-Hve cent* STliKlOTS, AM.liVS A^'l> SlDliWALKtJ. i'>7 per uniiuui for each cloij;, and fiirtlicr to procure u col- lar marked and miiiibercd, to Ijc worn ])y each do:;'. Sec. 12G. It shall he the duty of the Marshal j;!;;}-^^;;;]!^^ and police to kill or have killed every dog found J',\!!,y,'j^'j^ rnnnino- at large in the city, without a collar marked and liunibered, and not registered oi" i)aid for, and they shall he carried out of the city, and for every dog so killed and carried out of the city, he shall receive twenty live cents, to he ])aid out of the City Treasury. Sec. 127. No iioat shall be allowed tt» run at large •■"i^t^not >^ *^ jillowed to in the city, or any part thereof; and the Marshal shall lunatiargc. impound, and sell any goat so ini])0unded in the same manner as is prescribed in section 12P> of this Code, unless the expenses an,d fees are paid. Sec. 128. AH cattle (milch cows excepted) Ibund c-^^»^j™;|,; running at large in the city, shall l)e taken ui)l)y the j^^;;;';,''^*" Marshal, impounded and disposed of in the same manner that hogs are required to be dis])osed of. For every head o'f cattle so taken up and im})ounded, the owner shall ])ay lifty cents, and twenty five cents per day for feeding. Sec. 120. When any article is found obstructing or Manivoi- or . 1 • 1 11 • 1 • 1 'lixposin'i ol' encumbering the sidewalks or streets or the city, and .nticics the owner is unknown, the City Marshal, or any of •■^t'-u.tini; ' • . 1 -iir sidewalks. the police officers, under the direction of the Mayor streets, &<-. or Councilmen, shall cause such ol)struetion to l)e taken to some place of safety, to be held live days. At the ex[»iration of that time, it shall be sold by the Marshal to the highest bidder, after giving three days notice in the official news])aper, of the time and place of sale; and the proceeds thereof shall be paid into the City Treasury, after deducting the expense and costs, and if the proceeds are not callecl foi- by tile owner within sixty days, they shall be lbrfei(enait\ r.>r and ordinances; and anv and all persons who mav ri'sisiinii an , " • i t i (iiiieer. intei'lcrc M'lth or resist an omcer m the (hscharge ot his duties, shall be liable to a line not exceeding lifty dollars, and imj)risonment not exceeding thirty dayvS, one or both at the discretion of the officer trying the olfender. whoiiniiio Sec. lo2. All white male citizens over ;■ eighteen •iMiy. an:ini(S ;inii .11 1 1 111 1 i_« tiieir.iiitioy. (,t a leader, who must be a householder, and live as- isistants, who, on due notice from the Marshal in wri- ting, shall perform patml duty for one night, and the leader shall report to the Marshal, and he to the POLICE, PATROL AMI CITY PRI^OJf. 69 Mayor, )>y eiglit o'clock, a. m., next day, oulorsiu;:: on his notice all failures or nciz^lect of duty, also sta- ting liow many persons ari'csted and for wliat oilences, and how many im])ris(»nod, with any otluM- matters or thin<>;8 necessary and jn-oper to rei>ort. Sec. 134. Any person failinu- or refusing' to i)or- Piitioi lino.i • ^ • ■ r^ I (or ijiiliirts form patrol duty, without ijood and sutticient rea-"'"^"'y- son, shall he lined, if a leader, live dollars, and if an assistant, two (h)llars and lifty cents. \\>v every failure to ])erform said duty. Sec. 135. Everv leader of a ])ati'ol comoanv shall, J-^""'-''" ' 1 1.1 iiotily 111 - '- wlien noticed hy the Mar.shnl, as directed in Section """i''i"^- 133 of this Code, notify each meniher of his com]>anv of the time and jilace of meetiui;. Sec. 130. The ]»atrol shall, alUT s.V o'clock, p. M.,.MnM amM cause every slave and evei-v tree colored person, t''l•'<^;p• m- . , •' , • , , . ^ ,. ' aii.i (irsnr- without a i)ass, and every snsiucious, noisv or disor-'i'^'iy nn.i •' ' } ,. SlISJlicKHIS derly person, to he confined in the city prison, there i'ersons shall at any time i'„nisii,M-).t encoura_!i:e, aid or ahet any ])ei'son or persoiis airested I'ist,',',^*,^;,^!;^' and in chari;-e of the })olice or ])atrol, or confined in *^'*'^-'*'"^- theiCity ])rison, in makiui^ his escape therefrom, he shall, on conviction, he lined, if a white ))erson, in any amount not exceeding fifty dollars and costs, and if a slave or free colored person, he ])unishcd with nrtt exceeding one hnndi-eers(ni shall he ?", vl!!.';'" *^"' ilischarged from the city jo-ison, excejtt hv the order of the Mayor, or sumc nicmhei' of the (/ilv Omncil, exce]>t in cases olhcrwisc iiro\ ided foi-. 70 SLAVES AND FREE PKRPOXS OF COLOK. Mnisimi to 8^^. 139. It sluill bo the duty of the Marshal to see keep jirison ■' dean and that the citv prisoii IS keiit clean and in ijjood order his lees lor . froding .|jit| repair : and for every prisoner committed hy the Iirisoneri=. '^ ' • -i •' Mayor or any member of the City Council, he shall receive tAventy-tivc cents per day for board, to be paid from the City Treasury, in case the same cannot be made from the prisoner. ARTICLE 2. SLAVES AND FHEK PERSONS OF COI-Oli. siavestiikpu Sec. 140. All slavcs wlio may 1)6 found on the up after 8]^ , i . , . P.M. and streets or away Irom tlieir liomes without a written conlindd. . ^ -I' . ]iermit from their owners, overseers or ag'cnts, alter >>^ o'clock p. u., shall be arrested by the police or patrol, and confined in the city ])rison until les^ally discliarged. Trial and Sec. 141. All slavcs arrcstcd aud imprisoned as re- punishm'nt • i • -i t ,. , ' ,i quired m tiie ju'ecediuij^ section, must, upon the morn- ing after tlie arrest, be arraigned before the City Court, and unless satisfactorv excuse be given, the Court may order the infliction of any number of stripes not exceeding one liundred. ifuotc.aiiod Sec. 142. Every slave so arrested or imin'isoned, for treated . n i' /. i i ' asaruna- wlio 18 uot Called for by the master, overseer or agent within forty-eight hours after the arrest, shall be treated as a runaway, and sent to the county jail. But it shall be the duty of the Marshal to advertise any such slaves by written notice placed on the post office door on the morniiiij: after the arrest. Free ncOToes. failing to pay to the Marshal his fees before 9 o'clock on tlie morning after the arrest, may be punished by the infliction of thirt^^-niue lashes. Negroes in- Sec. 148. Evcry iicgro convicted of using insulting,- ^ wiii"eper- abusivo or obscene language to a white person, or fsheiif"" otherwise insulting a white person, must bepuiiis^icd bv the iiifliction of tliirtv-nine his^hos. SliAyES A^^D FREE PERSONS OF COLOR. Yl Sec. 144. Any iioiz;i"c> convicted ol" phiyini::; at jiuy N^^^roes _ij:;amc with cards or dice, or with any device or Biih- ''"ip'"""^'- Btitute therefor, must be punished by tlie infliction of tliirty-nine laslics. And cvcrj^ negro present wliere such gaming is going on, must lie ]uinislied with twenty laslics. Sec. 145. Every white iierson jn-esent wliere negroes wintcpcr- 1 ' \ • • ^ IT i"^ • sous pi»e, or carryiuo; a wal kin iz;^* "■<■•' •'*"•■ stick or cane, (unless necessary on account of disease ^''j'|^^j^'"^'^jjj_ or old age) must on conviction be punished with '^'''''' thirty-nine lashes. Sec. 147. Any number of slaves more than five what is tm- ■' ^ I lawful as- congregated together, if found oif tlie premises of ^*^'"^'j'«f^c. their owners or managers, with or without i)ermits, and not engaged in some hn\iffnl work', or under the management or direction of theii* owners, or by per- mission of tJie Mayor in writing, or attending churcli, where there are the lawful number of wliite ])ersons, shall constitute an unlawful assembly, and every slave present shall on conviction be ])uuished with any ''""''-'"'>'"' number of lashes not exceeding one hundred. Sec. 148. Any wliite person, or free colored person ^oJ,'!,'^r''frco found at any. unlawful assembly of slaves, shall on ""^sy",*^^^ conviction be fined not exceeding fifty dollars. - jn^^^niawfui Sec. 149. Any white person f()und loitering around, !(^,^,'i")>'p^r. or found in or about yards or negro lionses, where ^"i'Vo'r'ioT-''" negroes are in the habit of resorting, without a law- !iro"nj ne- ful excuse, must on conviction hi' fined not exceeding *^'"°*'°"**'*' fifty dollars. Sec. 150. Every negro who shall trespass upon or ^-^^^0^^ loiter near or about any private residence, without a *,\fo ^[''p''^"*' good excuse, shall oii conviction, receive not more j"*npps p*„n. tlian thirty-nine laslies. '"''*''*• Sec. 151. It sliall not be lawfnl for juiy jiorson (trTrading ]>ersons t<» tratk' in aiiv wny with any slave or slaves proiiihue?/! \ 72 SLAVES AND FREE ^ER50^■S OF COLOE. ^vitliiii the corporate limits, witliuiit a written i)criiiis- siou from the owner or overseer of said shivc or slaves, specifying- the article and qnantit}" to he hought or sold ; and every person so doing shall on conviction he lined not exceeding fifty dollars; and every slave so trading or offering to trade without snch permission shall on conviction he pnnished hy the, infliction of not less than thirty-nine lashes. Provided, that Execpiion. it shall he lawful for slaves to sell milk, poultry, veg- etahles and other tahle supplies under a general per- mission in writing from the owner or his or her agent. soUin- liq- Sec. 152. It shall not he lawful for any person in ;:ioes pro- this city, to sell or give to any slave or free persons of color, spirituous liquors of any hind wdiatever without a written permit from the owner, overseer or guardian of said slave or free ])erson of color, setting forth the quantity to l)e sold ; and any person so of- fending shall on conviction l)e iined in any amount not exceeding tifty dollars, and imj)risoncd not ex- ceeding thirty days, one or hoth at the discretion of the officer trying the oifence. And any slave or free person so offending shall on conviction he punished with not exceeding one hundred lashes. Any slave or free negro in wdioso possession any spirituous liq- uors may he found without a lawful excuse therefor, shall he punished l»y the infliction of not exceeding thirty-nine lashes. ^^ii^tp^.j. Sec. 153. Upon a trial had under either of the two sumpuvrof pi'araio 1 . , . . .1 1 11 1 !• 1 • and apart any slave violutiiiii' in eitlier waytihall l)eunc(l m any '■'"">"'<'''■ &U111 not exceedniii; twenty dollurs lor every (Uiy he iiiiotcd. may live in vinhitiuii ol' this hiw ; and the shive vio- lating shall he ])imisluHl with not exceedini;- thirty- nine lashes for every day he nniy live in violation of this law. Sec. loG. The Clerk shall on ap])lication of any siaviMi.nj , , • 1 1 ' '"^ licensed resi)eetai)le i»ersoii, i::;rant to any slave ot i>;ood char- us jmiu-r. , , , 5 • 1 • ' I ' • 1 • '''^^' lahoi-fr, acter and stead v halnts, a license to work m the city "asherwo- ■ man or as porter or day lahorer, or as washerwoman or seam- ^("iinstross. stress, for the space of twelve months, for which licenses }taymeiit shall lie made as re([nired hy the license hiw of the city ; and such licensed slave shall he furnished with a hadge with a numher stami)ed thereon, ior which he or she shall })ay the City Clerk twenty -live cents. Provided, that the Clerk shall not j>,,oviso. issue a license lor any slave, unless the master is a resident citizen of Selma. Skc. ,l,5(j. It shall not he lawful for any keeper of a ^veiy stji- livery stahle, or any other person, to hire to any ne-llm.i^t^nof' '* gro, without a written order from his or her niaster ila.'ks.Tr' or agent, a horse, hack, hiiggy, or other like vehicle ; ''"^"'"'■''' and any one convicted of so doing shall he lined ten dollars! Sec. 157. The owner of any licensed hack, cal» or ,,„.„^,.^^,. carriage, whose . Everv freeneirr<» resident within the cor- ,, porate limits of the citv, shall on uv heforo the lirst !!""'' 'T'" day of January in every year, report hiniseh' or her- ',;;*,"^^',^j;''j.'^'' self to the Citv Clerk at his ottice, wlio shall register ti -dLAves .\:s'J) kkke l']!:ii^50^^s of (;oluii. the luiiiie, lieiglit, sex aii iiillictod tipuu u wliiic ])crs(>fl lor the 8;iiuc ollt-licc. Siic. lOo. Jfrec iici;'i'ucs w]u> iviav lail- (U- rt'tiitsc to i"io<- iie-iof< pay .hues oi'.Costri imposed Upon tlKMi\, juav on coii-p»y*i'ie""«,v . . , .11.1 , • • k ■ ■ T bftwliipp.Ml. victiou be puiiisluMl Willi \vlii|)])iii<:;, wiot exceodinm- tlurty-iiiiie lur-lies,) or I'ecjuired to work (i»ut their iine.s and costs upon tuc streets, at the disci^tion ol" the officer tryiui!; the delincpient, \ , Sec, l()f). For whippini;- u nei>To tiie Mallluil shall ;^'-"'«')"i"^ be entitled to collect from the owner or a.ir'cnt of the ,\*'l!!,V,'/'"" * neii'ro one e ini(h'r the control and" "^^'"''• management of a Committee, consisting of the Mayor and two members of the City Coimcil. lSi:c. Ui>^. This Committee shall luive a general su- laem. perintendence of the Hospital, and shall ])rescribc such rides for its Government as they may deem proper, witli llu- consent n^ the Mayor and Council- men. Skc. 1()U Thev f-hall nnike regular visits to the V'^".'"!!*''*:"'- - duties Hiul ilospital, at lea^t once in each week, when there are r""*"'''*- patients therein. They shall make monthly rejiorts of its condition, receipts and expenditures, to the Mayor and Council. Tiiev t>hall ]ia\e the exclusive jirivilege of admitting )»atient> into the ILis])ital. They shall ai)prove all contracts made Avitli jici'sons employed theri-in, as nurses, cooks, laborers, and }nd- vidc all articles of food, raiment, medicine and fuel, nccCS^arv" for ihf n-i- ;iih1 iii:iiiili'ii:uicc iif \]\{- Till-. l)ital. Si;(j. 170. AVliene\er the C'ommitlee ^hal] a]»j»ly for Mum reix.rt monev to be cNpemled for the ii-c ,^»4LL^syfrAL and city imiy.'RIAX. tkc ^1 such money is'/islyi'd, cxce]»t salaries tu tliu.-fe officers ected \)y the* jio.spitiii Si^(j, iVl. Ui/ihe rc'-uhir lueeliuir in June, 18G1. i)ioi)iiatioii they cihall distinctj-y .set R>rth the obicct i'or whicli elected vv tne'C/uncii l)liy»ician I ' # "^ '^ ' ' ana sur- ;,ik1 anniklly llJereafte]-, there niav lie ek'cted 1)V tiie City Cuuii.cil/a l*iiybician and 8nri^eon of tlie IIoS])i- tal, who s^lWll u'ive bond in the sum ol' (Hie tlioiisand dolhir's, ant\ receive such sahiry a« tlie Omncil may decide 'at thvj time of the election. iiisdutiesi Skc. 1-72. It shall T>e his duty to visit said llosnital twice in each day, when ncces!j«ry, and adnnnisterto the sick therenn ;^ to see that the stewards and nnrsos faithfully perfotrm, their res]je^-tive duties, and ])rom}>t- iy to report an^' dereliction^ therein to the Hospital (Jommittee, to be laid before' the Council, wh(» may take such action as^they may deem necessary. ].i.Tn. Siiu, 173. He shkll re^)ort (|uarterly to the Mayor and Council, the nuiuj^er, t:.itiiation and condition of the patients in the ltos})ital, together with such infor- mation as he nuiy cLfe^em necessary or important. AVhen a case or cases of small \)ox shall be p'resented for treatment, he shall attend such patients, at the pest houses provided by the city for the treatment of such disease ; for which service he shall receive such reUnuneration as may be deemed proper by tlie city authorities. Hospital Sec. 174." At the same time that the Thysician is elected, there may be elected by the Mayor and Council a Steward, who may board and lodge in the Hospital. He shall also have the privilege to board his wdfe and minor children in the Hos])ital. ]ii-inties. Sec. 175. It shall be his duty to superinteml the duties of the nurses, cooks, servants and laborers; to see that the directions of the Thysician and Surgeon are faithfully and properly executed, and to attend to such other duties as the Physician may re(|uire of him. He shall enter into a bound book, to be kept by him for the purjjose, the names of the i»atientp admitted iido the Hospital, their age, place <»f birth, occupation, date of adnnltance iJieir disease, and the jroST'TTAI. AND CITY THYSICIAN, .VC. 11 date uf tlicir discliar^c or death ; wliicli Ixuik .sliall at all times be subject to tlio iiippectifui of the Mavor or any member of the Coniicil, and pliall remain ii: the Hospital as a book u[' i-ecord and reference. lie shall enter into a book ke[)t for tbe ])nrpose, an in- ventory of all articles of fnrnitnre, beddinu', clothing', utensils, and all other pro])erty bcbmijini!; to, or ap- pertaining,' to, or purchased for the IIosi>ital, ■which book shall be examined (piarterly l)y the Hospital Committee. All articles re])orted as ^vorn out or useless, must be ins]»ected by the Committee before they are condemned or destroyed. He shall collect all amounts due to the Hospital by paying- patients, and ])ay the same over to the ('ity Clerk, accompany- ing the }>ayment ^7itll a report of th(> names of such patients, the nmnber of days of ti-eatment, i.\:c. Sec. 176. He shall enter into a book kept, for that Mim. purpose, the mime of every ])auper patient, the date of bis entry into the Hosj)ital, the date of his com- mencement t(» labor, and he shall nightly credit him with the amount of lalxn- perfoi'med, and the pro- ceeds thereof. He shall keep a correct account of all monies, clothing and eilecis that, any patient may have in his possession when admitted into the Hospi- tal, and enter them into a Ix^ok ke])t for that jnirposc, subject t(» the insitection of the Mayor or any mem- ber of the Council ; and in case of the death of such patient, the money, ell'ects, iVrc, shall be disposed of according to law, under the direction (»f the Hospital Committee. He shall furnish such articles of bed- ding, clothing, food, medicine, furniture and cooking utensils, on a requisition made by tlie Mayor or Hos- pital Comnn'ttee, as may be needed for the comfort, necessity and well being of the patients that may be sent to the i)est house. lie shall als(» secure the • services of sucii nurses an«l servants as may be nec- essary, and make such contracts with them as may be a])proved by the Hos}>ital ('ommittee. Sec. 177. All })au]ter a]i])licants for admission into the IIos]iital, shall ]>res('nt to the Steward a jtermit. 78 llONl'ITAL AND CITY rilYSIClAK, .Vr. Nopatient sii>'nc(l 1)V tliG Mavoi' oi" er by the Hospital Ooniniittee, and for snch time as will pay for their treatment, at the rate of one dollai' per day. Slaves shall be charged as paying patients. Board or ^yc. 179. There shall be established a l^oard of Health. Health lor the City of Selma, to be eoin;[)osea of one Physician, one Conncilman and one citizen from each ward of the city, and the IMayor of the city, who shall be Chairman of said Boai-d. citydivided Sf.o, ISO. The citv sliall bc (li^•ided inin iwo wards, into two /V'^ ' i V // a privy nearer than fifty feet to the j'l'.'Jnflf/'.'"'''' line of any street or ]>ul»lic alley in the city, nidess!!^reou un- said ]u-ivy has a vault at least six leer in dei)th, and !':ruit'!.nfr * no privy must be located nearer than four i'vci i'voniumvu'ri^^ the line of any street i.r j.ublie alley. SeT*^' Sec. 1S7. The notified bv 1,','!;!',-|^'''''" so HOSPITAL AXI) CITY PHYSIOIAX. A:C. tlie Marslinl to remove the same, or iix it in the man- ner required by tlie preccdini;^ section within ten (lays, and failing so to do, sliall be lined ten dollars, and five dollars for every day tlie same remains in violation of the law. Fiiii.,.to.. Sec. 188. Everv person Mdio shall r»laee or emi)tv must, not bo i . i ii • i ' omi.iicd in-u])on the SKiewaiks, streets or alleys, or into tlie sew- struct.s.&e. ers, ditches or drains ot the city any lecnlant matter, filth, liquid, or other thing emitting a noisome odor, or injurious to healtli, shall he iined live dollars for each offence; and it shall he the duty of every person having animals to die in their possession to hury or remove the same from the corporation or to a lot Penalty for ^^ ^^® designated hy the Mayor ; and all persons rion.'&l^on ^''^i^i^\^ to do SO, shall hc lined not less than five dol- ihc strcotb. ]j^j.g^ and.required to remove the same at once under a penalty of ten dollars. ui^-ingof Sec. 189. It shall not he lawful for any person or Oesfm''^ persons to dig or cause to he dng, any pit or clay bidticn. j^^i^ within the corporate limits of Selma, wherein water may accumulate and l)ecome stagnant, thereby creating a nuisance ; and any person guilty of a vio- lation of this laM', shall l)e fined five dollars, and shall also be fined five dollars for every day said nuisance remains unabated, after notice to abate the same has been given. Tan j-iu-ds, Sec. 190. It shall 1)0 unlawful for any person or per- ycn»lmd sons to establish or erect within the city any tan yard "anccs^pro- wlicrc leather is tanned or curried, any slaughter house hibited. ^^^ butcher pen, or carry on any business Mdiich may affect the health and comfort of any of the inhabi- tants of the city, or injure propei'ty adjoining there- to, or otherwise establish or cause to be established anywhere in the city, a nuisance, or suffer the same to remain on their premises. PcBaity. Sj=C. 191. Any person offending against any of the liXJvisions of the preceding section, shall, on convic- tion thereof, l)e fined in the sum of twenty dollars and costs, and on failure to pay such line and costs, shall be imprisoned for twenty dnysin the city ]U'ison, MOUTUAKV liEI'OltTS,- SEXTON ANDCEMETEliV. SI or until such line and costs be paid, and also bu rc- (|uired fortliwith to rcnn>vc the said nuisance, and in case he tail to remove said nuisance, it shall be abated l)y order of the (""ity Council, l.)y the City Marshal, and the costs of removing the same shall bo taxed, cither against the person causing the same, or against the proi)crty on which the nuisance was situated, and collected in the same manner as the yearly taxes due from such person, or on such real estate are collected : ]*rovided, nevertheless, that a reasonable time shall 1)0 allowed for removing any such nuisance, but if after the expiration of a reasonable time, said nuisance 1)0 not abated, such ])erson shall be again subject to the same lines and penalties as for tirst creating or allow- inii" such nuisance. ARTICLE 4. MOltTUAllV KEPOIiTS, SKXTON AM) CKMETEKV. Sec. 192. It shall be the duty of every i)hysician ''''ysipmn •'' •' 1 •■ must i-fpoi I having persons in the city to die under his care, to '•''"<•"'• report the same to the City Clerk on the first of every month, giving the time of the death, name, age, color, place of nativity, occupation and cause of death ; and any ])hysician failing to report such deaths shall be lined ten dollars. Sec. l'J3. It shall be the dutv of the Clerk to lile«'i:'''> "i'' smkI rejioils such rei)urts, and to keei> a book properlv ruled and »""'.'"'''i';> arranged, in which shall be recorded said rei>(»rts. j*,'^';';:-^','"'''^ And it shall als(» l)e his duty to include in said record any and all deaths which may not be reported bv the jdiysicians ; so that said record book may contain memoranda of all deaths that may occur in the city. Se<'. 11)4. Thej'c shall be ajtpointed annually by tlie'iiys^x- Citv Council, a Sexton, whose dutv shall be to take <•■ » ""'i 'lu charge (•! the new cemetery, keep.a map of the same, in which all the hit;; and sul)divisions shall Ik- proji erly designated ami numbcree tlie flutv of tlie sexton to (Wu; ties and _ •' ' compensii- all oTaves that may li(> j'e<|viircTavc5.and buries the dead, he shall i-ecelAe five dolhii-s for adults, and three dollars for c]iil(h-eii. No person Sec. IOC*. No person or ijersons shall he allowed to allowed to .... bury a hurv auv dead hodv Avithout ii-ivino- timely notice to (iorppein • •' -^ _ . cemetery tlic scxtou, and itayiuiT him to dit;' the i^rave, except tieetosex- ]ieo;roes, Avho uiav hui'v their (jwii dead, upon paviui? ton. i5 ' ., „ 3 1 1 „ ;-> the sexton one dollar for designating the spot or place Avliere the grave is to lie dug. And any ])erson viola- ting the provisions of this section, shall he lined ten dollars, and any additional amount not exceeding I'cnsdty. j^j-^^. dollars, that may he necessary to defray the ex- pense of red»u]-ving a l)ody hui-ied in nn im])ro[»er ])lace or nuinner. s*xton Sec. 107. The Sexton mu^t kee]"> a b b'/ col- lected of the owner of the slave. Sec. 200. Any lierson who wilfully or maliciously il,|-;,PfJ''"" injures, defaces, renioves or destroys any tomb, uion- 1,"^^^^",*'^^^^^ nment, <;-ravc-stone, or au}^ other memorial of thej*!!'!'"'^""'*'^' dead, or any f(Mice or inclusure about any tomb, num- umeut, grave-stone or menu)rial of the dead, or wil- fully destroys, removes, cuts, breaks ur injures in any way any tree, shrub, or plant within such inclosifre, shall be lined not exceedijiii; fifty dollars, and imi)ris- oiied not exceeding" thirty days, one or ])otli at the discretion of the olliccr trvinc: the same. ARTICLE 5. STEAMBOATS AND OTIIEK AVATER CKAFT, KIVER AND KIVER BANKS. Sec. 201. It shall not be lawful for any person or'i'nvniDg ■ *■ iuln ft steam persons wilfully to cast loose from its moorimrs, or to'"'='t^oro"»- ^ •' ' ' or water turn adrift any steamboat, ferry-boat or Hat-boat, or ',"'?!'!• ¥''"- any other species of water craft, lyinp; within the jurisdiction of Selma, wantonly, or with intent to injure the owner of such vessel, or any propert^^or pierson on board of the same. And any person so doing, shall be hned in any sum not exceeding lifty dollars, and imprisoned not exceeding thirty days. Sec. 202. The City Marshal shall have power andcuvMar- •' -T slial has authority to regulate the stationing;, mooring and r^^^^to v Citv "^far- f,!',Ty'iand'K n 8i FIEE DEPARTMENT. slial, from iiny position that obstructs the ferry land- ing ; and on failure or refusal to comply with such order, the owner, captain or otlicr person in charge of such boat or watercraft, shall be fined ten dollars for every half-lionr such boat or other craft may re- main after having been ordered to roniuve. Digginsand Sec. 305. It sliall be unlawful for aii\' jtcrson or way river persons, upou auy ijrcteuce wliatever, to dii;-, cut or bank or ' . i' i i i' ,> t ^ • street pro. carrv away any portion 01 the banks oi the river or liiWted. "^ 11 1 T 1 1 . .1 streets, alleys or public thoroughiaros ot the city, without leave of the Cunncil. And any person, so doing shall be fined live dollars for each otfence. „ ,, . . Sec. 206. It sludl not l)c lawful fur any person to Biitliing in _ '' ••■ river, water jjathe iu the rivcr, water tanks or branches or streams tanks, or ' '^rohtbUud ^^ watcr xvitliin the city, between daylight and dark; and auy person convicted thereof, shall be fined five dollars. CHAPTER VI. fiees and eegulations for prevention thereof. AuTiCLE 1. Fire Depavtinent. " 2. Fire Limits. " 3. Duties of officers and citizens atlircs. " i. Regulations to prevent iires. ARTICLE 1. VUIE DEPAKTJIENT. Sec. 20T. It shall be lawful for the firemen of the tion of iMre (.[^j ^q organize an Association, to be known as " The Organizft' tioh of F Depnrtni jpnrtni'nt on. to be knownas Jst and 2d Assistant Engineers, avIio sliall be elected from and bytlie members of tlieFire Department on the 1st Monday in May of every year. Said election to bo hold under the management of an officer or delgate from oavli company composing the Fire Depart nuMit. Sfc 210. In the event of the vacancv of the office vacancy of ' . . T-i" . in the office ef of Chief Engineer, the Ist^ Assistant Engineer ^hall, chicf^Ensi- within ten days lliereaftcr, order tlie election of some fined, member of the Dcjiartment to till tlie vacancy during tlic unexi)ired term ; wliich election shall be .'by the (pialified voters of the Do[)artment at such time and place, within twenty days after the vacancy occurs, as the 1st Assistant ma}' direct. Sk(\ 211. If the offices of either 1st or 2d ^s-^';^™rof sistant Engineer becomes vacant, the vacancy shall Assistant, be supplied by appointnuMii, by the Chid" Engineer, of some member of the Department, to iill the va- cancy during the unexpired term. Sec. 212. No person shall be allowed to vote at an ^^„^,,p^^. election of Chief, or 1st or 2d Assistant Engineers, Jj^o" of vo- who has not belonged to the ]^("pnrtnuMit thirtv days previous to the election. Sec. 213. The Chief Engineer, or in his absence, ^^^^^^^^^ the 1st Assistant Engineer, orin their absence, the 2d Enj:.neer»^ Assistant Engineer sluill, at fires, or an alarm thereof, r^^^ have entire control over the firemen and over all thetin-n..- cni- or. any member of the Council. Sec. 221. It shall be the dutv of the companies compunics ,1 (»ii • 1*^1 1. ''J keep in to take care ot anil keep in good order their respoc- order tiuir 1 1 1 1 ""i 1 T 1 cnfjiiiesand tive engines, hose, nooks, ladders and otiier appara- ot'^"- api^- tus, and to have them at all times ready for use. Sec. 222. Every officer and member of the Fire F-'^'^'"p''"" *' from street Department shall be exempt from Avorking on streets ""'^ p°" ••■ _ ' •"■ ~ taxes. and from paying street and poll taxes. Sec. 228. It sliall be the duty of tlie foreman or J^>"ff'»f-'' * «' other ajipa- officer in command of each company, to cause his en- |;^*^^^J^ '"*''- giue or other apparatus, to be Avashed and cleaned '^''^■«"ed c 1. ± ' oiien a at least once in each month, by the company, under "^'^'^t''- penalty of ten dollars for each omission, to be retained out of the appropriation made by the city to the de- linquent conq^any. Sec. 224. Upon an alarm of fire, it sludl l)e the Firemcme- duty of the firemen to proceed immediately, with pron'iptiy their engine and other apparatus, to the place whence 'Ues! the alarm proceedc-, and remain at the fire, acting un- der the direction of the Engineer in command, until he orders their return home. Sec. 225. Any person M'ho may remove, or assist xo person in removing any engine or other apparatus belonging "I.'Ive'^^n- to the Fire Department, from its place of dej^osit, wi'thoutcon- without the presence and consentof a member of the member of i 1 1 T 1 -I 11 thoCompa- company to whom tlie apparatus belongs, shall be ny- fined ten dollars, which, when collected, will be paid to tiic company avIiosc ai)]>aratus is removed. 88 FIKK LIMITS — DUTIES OF OFFICEKS & CITIZENS AT FIKKS. ARTICLE 2. No person must erect wooden buildings witliin fire limits. Penalty. FIRE LIMITS. Wooden buildings must not be moved into Are limits. Sec. 226. It shall not be lawful for any person or persons to erect, or rebuild, or make additions to any wooden building or structure in that part of the city extending from the foot of Sylvan street, on tlie Ala- bama river, running tlience to Water street, thence along Water street to Green street, tlience northwardly on Green street to Alabama street, thence westwardly to Franklin street, thence northwardly to Selma street, thence westwardly on Selma street to Washington street, thence northwardly to Dallas street, thence westwardly to Church street, thence southwardly on Church street to the Alabama river, thence up the river to the foot of Sylvan street. Si':o. 22T. Persons erecting buildings of stone or brick, or other material, within tlie limits prescribed in the preceding section, shall be required to put lire- proof roofs thereon, and any person violating this section, or the preceding one, must, on conviction, be fined twenty-iive dolhirs, and live dollars for every day the violation shall continue ; and any building or roof in violation of tliis section, shall be deemed a nuisaiKJ-c, and shall be removed at tlie expense of the owner or owners thereof. Sec. 228. 'No person shall be allowed to remove a wooden building from without the lire limits, to a point within said limits ; nor to move a wooden build- ing from one point to another, within the fire limits ; and any person who shall violate this section, shall be fined twenty-iive dollars, and five dollars for exorj dav the violation continues. ARTICLE 3. DUTIES OF OFFICERS AND CITIZENS AT FIRES. Sec- 229. The Mayor, or in. his absence, any one of REGULATIONS TO PREVENT FIRES. 89 the Council may direct and control operations, andJrnyor simii , 111 ni liiive con- shall liave coniiuand of the Marshal and all otlier tioi of citi- zens at lires able bodied persons, except such as may belong to the Fire Department ; and shall take such measures as in his opinion are best calculated to arrest the fire, and station a guard, if necessary, to jirotect property against the five,- and against thieves and evil disposed persons ; and it slinll be the duty of the City Council to aEsist the Mayor, or his representative, in tJie dis- charGie of said duties. Sec. 230. Every al>lc bodied man present at a lire, /^Jj^,^, 'Jl^jf^- Avho shall refuse to enter in,to line, to carry water, or !;|;jij"*'^'^^"^^ ^'^ to do any other thing which might be necessary, and "^■*^'^- which Avould not endanger his life, limb or health, upon the order of the Mayor, or any one of the City Council, shall, for each and every such offence, be lined ten dollars and costs. Sec. 231. It shall be the duty of the City Maibhal, •^'^''■■^•v'i«'- t/ J ' qnliod to upon an alarm of fire, to cause one or mure Church ''■',V' ''''''''^ »■ ' lie Ms rung bells to be rung for fifteen minutes, or until (he lire =^''''"'*-'^- is extinguished. Sec. 232. It shall be tlie duty uf the Marshal aud'^f^V'"'"''"*"^ ])olice olhcers to repair at once to the place where ;ij{'jj^;:} '"^ there is a lire, and to obey such orders as maybegiv-};^;^''"!'"^'"'' en by the Mayor or Councilmen. ARXICLE 4. KEOULATIOXS TO PIIEVKXT FIKES. Sec. 233. No person shall be allowed to burn oat^, . ■■■ Chimneys or cause to be burned out, any chimney or flues be-"'""^",""'^','' ' «' 'J burned ont tweeu the hours of 5 v. m. and 9 a. m., unless it be ;'^ "'f ''' ""- raining at til e time; and any person violating this '*"''"• law shall be fined not less than five dollars. Sec. 234. All chimneys, stoves or other i)laces lor chimncvs, keeiun'j: fire in, on or about the premises ot any one lik^i.v lo take Hrt' (ic- that would be likely to take fire and burn, and there- cinred imi- by endanger adjoining property, ie hereby dechired a 90 EteHLATIOlsS TO PKEVENT FIRES. nuisance; and ally person owning siicli place, shall, by ttrd^r.'^of tlie City Council, have such chimney, stove or other place for keeping fire in, repaired or done, away Avith, as the Council may decide. And it isiiereby made the imperative duty of the Marshal to enter upon the promises, and inspect such places, and make rc])ort to the City Council, and any person ■* refusing to comply with the orders of the Comicil, '. . in a reasonable time, shall be fined on conviction •"^ tliereof, not less than live dollars fur every day the ^ ^ ' same re|naius in A'iohition of this law. ^mokiiv in if-' Sec. ^35. It sliall nut be hxM'ful for any person to \ iwiseVp'ro- sinoke cigars or pipes Avithin the inclosurcs of, or on hibiied..^^, the platforms of any of the cotton warehouses in the / „ oity ; and any person convicted thereof sliall be fined ^>[iotless than one dollar. shootin""-' of*^ S^^- ^^^- it shall not be lawful for any person to in-ewevks*!-^-^^*^*^^ Or discharge any species of fire arms, or set oif prohibitedA .^j^y sl^y-rocket, squib, cracker, or any other kind of ■^^ fire- works within the corporation, and any person vio- ^. lating this law, (without a special permit from the / Mayor or City Councilman,) shall be fined five dollars for each ofience. "Sec. 237. No person shall be allowed to keep on ceedingflf-' hand. Within the city, on any account, more than one muJtTede-keg of gunpower,^which must be kept in tin or other magaz'in'e! metallic cascs or caiiisters. All persons receiving a thatam'nt larger quantity than one keg, sliall, within twelve taiuccans. liours thereafter, apply to the Marshal and have the same deposited in the powder ntjlgitxi-HC ; -and any per- son violations any of tlie provisions of this- law, shall, on conviction, -"^'e fined fifty dollars. Sec. 238. The .City ]\larshal shall' have charge of have ehir°e ^^^® magazine, and* receive and deliver all powder to aiilThf^fees ^^^ stored in or delivered out of the magazine, for and ddi'vei? wliicli lie sluill rcccive on delivery of the powder, for iiy powder. g^g|-^ \^g, fifty cents, for each half keg, twenty-five cents, for each quarter keg, twelve and one-half cents, and barrels and half barrels in proportion ; and if the Marshal fail to promptly receive and deliver powder, he shall be fined ten dollars for each failure. MISCELLANEOUS OFFENCES. 91 OHAPTEE YIL MISCELLANEOUS OFFENCES. Sec. 3o0. Every person who shall he sjniltv of an Affmys aftVay in -wliich neither a stick nor other weajion weapon. is used by liini, sliall on conviction be finct^B^Lcss than tive dollars. ^^^^^k Sec; 240. Any person M-ho sliall be gnil^^^B*- ^^'J;;^';;::;"' fray in which a stick or other weapon is nsi^^^^^i, shall on conviction be lined not less than ten aoUars. Si:('. 21-1. Any person who shall be a;nilty of an af-Affn.yswitii •' i o ./ ti realms or fray in wliich he nses firearms or other deadly wea-''<^«<"y pon, shall on conviction be fined not less than twenty live ddUnrs. ISkc. 24:2. Any person who shall commit an assault j^;^,^-;;,!'^*;-^ and battery, slinll on c'lit tircs on any oi the streets, alievs, or streets pro- ^. '-^ -i • i ' • • i ' hibited. puhlic or out lots or grounds ot the city, without cou- thc Mayor or of the ownoi's of the hind, and 1 convicted -of a violation of this huv, shall e dollars for each offence. FiKiithiKof ^^^^H It shall not he lawful for anv person to cocks or ^^^^^^v t'l. oUier ani- en^P^HIn cuCK tiiditmo; or in inakiujj: doy,'S or other jnals pro- .-^^^^^ . ^ • o o . hibited. 'animals tight within tlie city limits, and any white person guilty thereof, must on conviction he fined in any sum not less than ten iiar more tlian iil'ly dollars, and any and all persons who may wilfully assemhlc to witness such fight, shall be lined five dollars. Slaves or free colored persons violating this law must he ]mnished hy the infliction of thirty-nine laslies: Defacing or g^c. 250. Auv pci'sou wilfullv dcfacinir any huild- public build j, J p- helonsnni;- to the city, or anv of its inclosures, by ings, &c., '^ o ti J ^ . . proiiihited. posting bills tliereou, cutting the same, or otherwise injuring the same, shall upon conviction bc fined not exceeding fifty dollars ; and if a negro is the offender lie shall receive thirty-nine lashes. Defacing ^EC. 251. Any pcrsou wautouly injuring any church, aud'other school-houso, or othcr building, or any fencing or prohiWtoi. inclosures thereof, by writing, tutting or drawing fig- ures, characters, or letters thereon, or in any way wilfully defacing the same, shall upon conviction be fined not exceeding fifty dollars ; and if the offender is a negro he shall receive thirty-nine lashes. '^'' Disorderly Sec. 252. Any pcrsou who shall be found cursing cursing,' &c. or swcariug, or talking in a boisterous and disorderly manner in any public place of the city, or shall be guilty of any other noisy, riotous or disorderly con- duct, or -willingly engaged in any way in a breach or disturbance of the peace and quiet of the city, must on conviction be fined not exceeding fifty dollars, and ■'^^ MISCELLANEOUS OFFENCES. 93 imprisoned not exceeding t^renty days, one or both at the discretion of the officer trying the Case ; and if a slave or free negro, he sliall be pnnishcd witli not ex- ceeding one Imndred lashes. Sec. 253. If any person keeping a public Jiousc f asseniblago, he shall be lined in any sum not exceeding lifty dollars, and inipi-isoiied not exceeding thirty d;iys, one or both. at the discretion of the ofhcer trying the ollence. Sec. 255. Any person ibund drunk or Iviui'-or staa:- i^ninu-pn- '' '- ^ ./ .-1 o iiossunn- gering aboui the streets, alleys or sidewalks, must bc'^'^p"'- arrested and inq)risoned till sober ; and when sober must be arraigned before the City Court, and on con- viction be fined not exceeding twenty dollars. Seo. 250. Any person avIio shall i>lay at any gfiiiie^.j^,,^j^„ii^ AMith cards or dice, or Avith any device or substitute "J'^jl-y^jyl'^^^ for the same, ^t. any tavern, inn, storehouse or store room, or any i>ublic house, or any house or i)]ace where the public are permitted to resort for businoss or pleasure, shall on conviction be fiiietl not less than ten dollars. Sec. 257. Any i)erson who keeps or exhibits anyKooj.inK cramiui!!: table, or table of anv kind used for •••aniini;:, '''<:proi>i''i- c)r is interested in tin; keej»ing or (.*xhibition thereof, must on conviction be lined iifty dollai's. and impris- oned not exceeding thirty davv. Sec. 25S. Any person Avho bets or slakes any thing nctiinK at on any gaming table, mentioned in the preceding ^f^punisiid sectioi', must on conviction be lined twenty dollars- Sec. 25!>. Any person ' "" i^ r>-\ i Kiver Blufi between the Jb erry and the foot of Cliurcli street as a privy, shall be fined five dollars. Idem. Sec. 265. Any person who shall intentionally or wantonly indecently expose his or her person on the streets or alleys, or from any window, balcony, or other publicly visible place, shall on conviction be fined not less than ten dollars. Malicious Sec. 266. Any person wantonly or maliciously in- inischief. , •> ^ , i . . , ^ juring m any way any public or private property, must on conviction be fined not exceeding fifty dol- lars, and imprisoned not exceeding sixty days, one or MISCELLANEOUS OFFENCES, 95 both at tliG discretion of the officer trying the case, and if a negro, shall receive one hnndrcd lashes — and one half of the line when collected shall go to the person injnrcd. Sec. 207. Every person who shall bring or cause P""?*"':^ * to be brought to the city, a person liaving no means ?or"bril"'!"*r of support, and unable or unwilling to work, with the jj^^'^^j,'"'*' intent to make them, or having reason to believe that - they will be, a charge upon the city, or on the char- ity of the citizens, shall be lined not exceeding twenty dollars for each day said ]iaupcr or vagrant, shall re- main in the city. '■' Sec. 208. Every pauper vagrant and idle or disor- ^f^^-'j^^' derly person of evil life or ill-tame; every person ^'^^p^^'°JJ^_ who has no fixed jdace of residence and no visible J'^^,\^'*fj}"'* means of support, or whose conduct may be suspi- ^^■•"*^'*"^"y- cious, and every person who begs or loiters about the streets or other public i)laces, shall be arrested and carried before the Mayor, wlu> shall ^n-iler him or her to leave the city, and if aftei'the expiration of twenty four hours thereafter, such person shall be found in the city, he or she shall be lined not exceeding twenty dollars. Sec. 200. Any person mIio on Sunday labors him-sabhaUi self, or compels his apprentice, servant or slave toprohibi'tod. perform any labor except the customary household duties of daily necessity, comfort or charity within the corporate limits, must for each oftcnce be fined five dollars. Sec. 270. Any person who engages in shooting, idem, hunting, gaming, racing, or in any other sport, diver- sion or pastime on Sunday, or any merchant or shop- keeper, confectioner, retailer, or any other person who keeps open store or disposes of au}^ goods, wares or merchandise, either by gift or sale, on Sunday, (ex- cept in cases of sickness or for charitable pur])0ses,) for each oft'encc must be fined ten dollars, and any retailer who violates this law shall forfeit liis license. Sec. 271. The j^rovisions of the two preceding sec- Exceptions, tions do not apply to steamboats or other vessels nav- 96 MISCELLANEOUS OFFENCES. igating the waters of tlie AlalDama river, or to any iiianufacturing establishment which requires to be kept in constant operation, or to receivers and for. Avarders of produce, goods, wares and merchandise It is also provided that barbers may be allowed to keep open their shops till 10^- a. m. on Sundays. No person Sec. 272. Any person Avlio injures or destroys any "^''''^e ^''e®s- shade trees not belonging to himselt shall be fined not less than five dollars. Hitching Sec. 273. Anv person who hitches a horse or other "^ horses to n "i i i n i j^ i trees pro- auimal to a sliadc trcc on the streeis shall be fined liibited. ^ » fifty cenfs. ]\rock or- Sec. 274. It shall not be lawful for any person to una other oxposc or placc on any sidewalk, street. or alley, or in shrui.sand jiuv uninclosccl lot of tlic city, any leaves or boughs c ).oimius ^v'-V"* <;• V^-' .!•>.! _ » • must not bo of the,Tnock orane;e tree, or any other iftfiu*tMMM46 shrubs>4-*-v^^>t- ihrowninto 7\ ° A '' . ^^^^v i J streets, &e. or buslics, and any person so domg sliali be fined not less than five dollars. Concealed Sec. 275. Any pcrsou who cai'ries concealed about must not be his pcrsou a loadcd pistol or other kind of firearm, a bo wie knife, dagger, or knife of like kind, unless threatened with, or having reason to apprehend an attack, or being upon or about to start upon a jour- ney, shall upon conviction be fined not less than ten d(.)ilars, one half of Avhicli goes to the informer, when collected. >^ forv^o^Xni/" ^^''^- '^'''^'- ■^"^' person who shall, within tJie corpo- ^''^'^''^•'i"«- rate limits, be guilty of any crime or misdemeanor prohibited by the laws of Alabama, and not expressly provided for in this Code, shall u])on conviction be fined not exceeding fifty dollars, and imprisoned not exceeding sixty days, one or both at the discretion of , the officer before whom the ofteiider may be tried. Punishm'kt Sec. 277. Any person who shall fail to perform any InVdtf law duty or other thing required by city laws, or shall be guilty of any delinquency prohibited by city laws or ordinances, shall on conviction be fined not exceeding fifty dollars and imprisoned not exceeding sixty days one or both at the discretion of the ofticer before whom the oflender may be tried. ARRESTS. 97 CHAPTER VIII. CITY COURT AUD ITS INCIUKNTS. AuTRi.ii 1. Arrests. " 2. Trial of Offenders. " n. Collection ot FiiHS and Forfeitures ARTICLE 1. AliliKSTS. Sec. 278. It shall be the duty of Iho JSLiyor, Mar- M;'yo.;i"^r^ slial aiul City Police, to caii^^e the iimnediatc aiTcst|;;;^^;^'»^;^^ of all persons who may, in their presence, or ^vithin ^:j;^i|^off«;y^^_- thelr knowledge, l)e <,nulty of violation of the laws^^';;'.;!);'^;;;-'^ and ordinances of the city ; and for this ])urpo,se they ''^ '■"'• may re(|nire any of the hystandcrs to arrest the olfen- der and keep him mitil relieved hy the Marshal, or Police, or lodged in prison. Skc. 270. Any person refusing to assist in the arrest f,{j,'in"gto'(w- uf an offender, when rcfjuircd as set forth in the pre- oX ^ ""' '' ceding section, must, on conviction, he lined not ex- ceeding twcntj-Hvc dollars. Sec 280. Upon comjdaint under oath being niade,^^snc'on'' to the Mayor, or a Conncilman, that a person has vio- Jjeing made. lated any of the city laws or ordinances, the ollicer Iteforc whom the complaint is made, must issue to the Marshal a warrant for the arrest of the accused per- son, ordering him to bring the accnsed before the Mayor or a Councilnum, at a time and place set forth in the warrant. Sec. 281. The Marshal or other officer arresting any Marshal " ■■ may talie person, mav take from such pei-son, where the alleu'ed '"\"d or im i ' .• I ' «^ prison tlio oft'ence is a misdeineanoi", a bond, for not less than one of^nder. hundred nor more than two hundred dollars, with at least two ap})roved sureties, conditioned for his a])pcar- anceat the appointed time and place (or trial, and from time to time thereafter till the case is disposed of, and for the payment of such lines and costs as may be im- 98 TEIAL OF OFFENDERS. posed upon the prisoner, for the alleged offence, and thereupon may release his prisoner. In case such bond is not given, tlie alleged offender must be imprisoned till the case can be tried. ARTICLE 2. TRIAL OF OFFENDERS. Mayor must Sec. 282. It sliall be the duty of the Mayor, or in hold Court ■, . ■, -, . -,,., , ^ ,- .i /-< i every morn- nis auseuce or aisciualilication, 01 one 01 theUouncil- men to attend at the Council Chamber every morn- ing, except Sundays, from the 1st of April to the 1st of October, at 8 a. m,, and from the 1st of October to the 1st of April at 9-^- a. m., at which time ]ie shall re- ceive and hear all complaints and try all offenders against the laws and ordinances of the city. But the Mayor or Councilmen may sit at any time, in order to try offenders. Clerk and Sec. 283. It sluill be the duty of the Citv Clerk Marshal , " " must attend to attend at the same time and place, and to make Court. ,.,,.. ^ , , record ot the decisions, and perform such other du- ties as may be required of him. And it shall also be the duty of the Marsluil to attend at the same time and place. Marsh*. Sec. 284. The Marshal or any other Police Officer, monwit- sliall summou all witnesses whose attendance is re- quired, atany trial before the Mayor or a Councilman. Defaulting Sec. 285. Any witucss, wlio, witliout Sufficient cx- puni^lTe^d. cuse, shall fail to attend at the time and pla,ce, in ac- cordance with his summons, shall be fined ten dol- lars, and on failure to ])ay the tine shall be imprisoned not exceeding ten days ; and any witness who shall refuse to answer proper questions, shall be lined not exceeding twenty-ffve dollars, and must be imprisoned not exceeding thirty days, until he is willing to testify. Punishm'nt Sec. 286. Evcry person tried and convicted of a o K> en ^"y^Qiation of tlie city laws or ordinances, must be pun- ished in accordance with the law violated ; and when COLLECTION OF FINES AND FORFEITURES. 99 the law does not prescribe the punisliment, the offen- der mnst, upon conviction, be fined not exceeding fifty dollars, and imprisoned not exceeding sixty days ; one or both at the discretion of the officer try- ing the case, and mnst also be taxed with the cost of ^°^^' the prosecution and trial ; and if tried on the com- plaint of another and acquitted, the costs must all be taxed against and collected from the person com- plaining. ARTICLE 3. COLLECTION OP FIXES AND FOKFEITUKES. Sec. 2S7. It shall be the duty of the Marshal to >rnrsii.ii to collect all fines, forfeitures and costs which may bc'tp, and ro- ' " ^ t;im possos- assessed by the Mayor or a Councilman, or by the City ^^^]^l.l^^\ Council; and for this purpose must retain posses- ;|^'^_^ '^^^p-.'^*;]' sion of the peinson against whom the same may be as- ^;^y^''* '*"*=''• sessed, and imprison him not exceeding sixty days, till the same are paid ; and in case such person should escape through the negligence of the Marshal or oth- er officer in charge, the said officer, upon conviction by the Council, must forfeit the amount of such fine or forfeiture and costs. Sec. 288. AVhenever fines, forfeitures or costs arc p7>>'i'^" ' for Uwn^. not otherwise collected, the Clerk may issue an execu- tion f jr the amount of the same, and place the same in the Marshal's hands for collection, and it may 1)0 levied on any property of the defendant, real c»r per- sonal. Sec. 289. In case an execution, issued in accord- ah^s ami • i 1 1. . . "./Ill pliirien I'Xt;- ancc With the preceding section, is not sati6iio i i n preceding sections, the time and place ot sale shall l)c advertised ten days in some newspaper, publislicd in Selma, and where real estate is levied on, the same must be advertised for thirty days ; and sucli sales shall be conducted in all respects (except where changed by city laws or ordinances) as sales are con- ducted by Sheriffs and Constables, under the laws of the State of Alabama, hK^^topay'^" ^^^- ^^1- When any person is fined, and is unable to wori^'on' to pay the fine, it shall be lawful for the Mayor or the streets. Couiicilman trying tlie case, to cause him to M^ork out by labor on the streets, the amount . of the fine and costs, at the rate of one dollar per day, for white men, and seventy-five cents per day for negroes. INDEX. ACCOITNTS. PAGE. The City Clerk shall keep ac- count of all moneys received by him and paid out, "8 Of all warrants issued, the date, number and amount of, " Treasurer shall keep an account of all moneys received or paid out by him, 39 Ilosjiital committee shall report amount of receipts and expen- ditures monthly, 75 Sexton shall keep an account of burials, 82 ABUSIVE LANGUAGE. Evidence of, admissible in pros- ecutions for assaults and af- frays, 91 ADVERTISEMENTS. Mayor shall give notice by ad- vertisement to all persons in- terested in valuation of Real Estate, 45 City Clerk shall advertise time of filing amount of Personal Property, 47 Shall advertise property before sale for taxes, 50 Real Estate advertised for sale, 61 Marshal shall advertise hogs, goats, cattle, imi)nunded, C6 Marshal shall advertise sale of jiropcrty to pay fines and for- feitures, 100 AFFRAYS. Persons guilty of an aliVay with- out a stick or ■weajwn, 91 Persons guilty of an aflray with a stick or other weapon, 91 Persons guilty of an affray with fire-arms or other deadly wc■'apoll^•, * 91 Abubiv'^ language may jnslify an atl'ray or assault and bat- tery, 91 ALLEY. Sec Streets. ANIMALS. Hitching horse to tree on tho street^, ])rohibited, 96 Any ))crson leaving horse, mnlo or Kteor attached to any veh- icle on the street.-, fined, 64 Any horse, mure, gelding, mule, jack or jenny running at largo in any .street, tali'Mi up, fi<> Marshal shall take up hogs run- ning at large, dfi 123 Anv person owning a dog shall 20 register, 6G 125 Dogs running at large without collar, fi7 I'-fi Goat running at large, 07 127 Cattle " ^ " 67 128 26 APPROPRIATIONS. CityClerk shall keep account of, ;^S 2(1 Appropriations exceeding fifty 169 dollars cannot be made at a called meeting, "7 17 197 Appropriation to fire companies, sc, 217 ARRESTS. It is|the duty of the Mayor, Mar- shal and City Police to arrest 245 offenders, 97 27S May take bond when the ofTence is a misdemeanor, 1)7 28 L Any person refusing to assist in an arrest, fined, 97 279 44 Mayor or Councilman may issue warrant of arrest, 97 28U Persons arrested may be impris- 49 oned, 97 278 Arrests made of disorderly or 58 suspicious j)ersons, 68 131 aolResistilig an officer, 08 131 Arrests made of slaves how dis- 124 posed of. 70 Ml ARTESIAN WELLS. Owners ofrequired to drain same, 91 2ir. 290 Owners of wells neglecting or re- fusing to keep water drain'doff, 92 2-17 ASSAULT AND B.\TTEliY. 2.39 Any person committing nn as- sault. and battervhow])uniph'd,»l 242 210 Any person assaulting with a stick how jmnished, 91 243 Assault with fire-arms or other 241 deadly weapon how jiunishcd, 91 211 OfTences not provitlcd for in the code how punished, 9(1 27(i. 245 ASSESSMENT OF TAXES. When and by whom made, 15 43 tVssessors shall make out a list or schedule of all lots or parcel.? of land, 45 43 273 Shall assess the value of every I lot or parcel of land on tho iBtofMnj, 45 43 IHiWhen schedule is complete shall I be filed wiih clerk, (All persons shall bo notified o: 122' asBcs.-mont by publication, 102 INDEX. Owners allowed opportunity of filing objections to assessment, Council may correct assessment, City Council on a day named in advertisemcntsliail deternine objections. Scale of assessments must be Ofiiial, City Clerk is required to keep a minute of all oljjections, Mayor and Clerk of the city shall tcrtiiy nndcr seal assessments, The C!ity Clerk is e.roj^'cio asses- sor of personal property, Mast advertise time of handing in schedule of personal pro- perty, Must furnish blank lists or sched- ules when called for. How to proceed when schedule not rendered, Clerk's fee when he assesses, licmedy when listof proj^ertyis refused. Return of assessment by Clerk to Council, and proceeding thereon. Time A\'hen assassment shall be completed. Mayor must report revenue re- quired and action thereon, Rate of taxation how asccrtain'd, City Clerk shall make statement of the entire taxes due. Then assessment shall have force of judgment, Time when half of taxes are duo shall be avertised, Alanner of doing same. Penalty for refusing to pay at stated time, Remedy when not paid in forty day.-'. IIow non-residents' taxes are collected. How executions are levied and sales made, IIow to jjroceed when no jier- sonal jiroi^ierty is found, Time and manner of advertis- ing salo, Xature of certificate given to purchaser, Fisciil year in the city of Selma, City Clerk authorised to admin- ister oaths, Amount of fees of city clerk en- titled when executions are levied. Owners chargeable Avith all costs, AUCTIONEERS. Must obtain license, Auction tax, i^xe.cutors. Administrators, Guar- \'h(i are uleciors. When Council shall meet, What namber constitutes a nun, Who may call a meetinir, What can be done at calT'd moeling, .17 IIow ordinances become laws. 128 110 198 199 65 6f) :u :u .".") 85 19 37 19 34 3S 20 38 20 38 20 38 2C 38 20 38 20 38 21 38 21 38 21 39 22 39 23 39 24 30 24 39 21 41 41 43 39 43 40 41 .■;4 ."4 ( .■?.', 7 ••17 1< "I l> ."7 ]7 .17 17 37 1.- CITY COURTS. Mayor must hold court every ntj'u- ninji, Clerk and Marshal mn.st attend, CITY PHYSICIAN. When elected, Bond of, Duty to visit Ho.snital, Shall re]H)rt number of patients. His dutv iu case'of small-pox, CITY PRINTER. His election and pay, " dutio;*, " bond, COCK FIGHTING. Prohibited, All jiersons assembling for such purposes how punished. Slaves and free persons, CONCERTS. Must be licensed. For charitable purposes excepted, CONDUCT— DISORDERLY Persons usmg profane or indecent language. In ])ul)lic house, .\ny ]>ersi>n disturbing religious assembly, .\ny person found drunk on sti'ccts, .\ny person dc*"acing any building. Injuring a church. Keeping disorderly house, Wliat a disorderly house, Any jjcrson renting a house foi such purpose, CEMETERY. Sexton keep map of, When lawful to oury in old grave yard, and who allowed, Pepth of graves, Charges allowed sexton. No person allowed to burj' any dead body without notice to sex ton, Inj\uy to tombs, fences, trees, flow- ers, shrubbery, Sexton shall keep a book record of age, birth-place and cause o1" death, and jjreciso place of burial. Physicians shall report to city clerk, deaths. Clerk shall keep a record of same, CUEATINtJ. Persons cheating puuislu-d. Persons using false weights and measnrrs pimished, Per.«oiis set ling bv false mark or fidse packed sugar, Ac. CHIMNEY.''. No person allowed to hum chim- ney at a certain time, ('himncys and st 42 ar. '-.'i ,")7 42 S8, 92 219 93 2-l'.> 9a 249) ■i r.3 m 53 68 1)3 o.vj 93 25;J 93 9.'>4 93 2.5", 92 250 92 251 94 2rtl 94 2()2 94 263 81 19-1: S2 198 82 19.'> sii I'.C, MJ i'.llv 85 200 s2 r.'7 M 81 T."2 19.i .'S S9 5."> H8 r>s ■ ■! 89 '_'■; ; 89 2:;4 9<> '2rA 92 2.M 93 254 r,2 f.r, 10-1 INDEX. ^\ mount of license, "^k. »' DAGUERUIAN ARTIST^ Jifust procure license, Aniouul of license, DAY-LABORERS. Slii'.Il obtain license, It is not lawful for any sUivc u hire liis own time, , City clerk may license 0. slave to work in the city as aday labor'r. Can license seamstress or :^\'!iSber- womau, No license issued unless owner be a resident of Selnia, Ko tree ne!j;ro residing Giit pf Sel- nia allowed to vrork therein with- out license, DEATRS- Must be reported bv physicians, DKFINlTlON Of words used in the code, pages DEFACING , Of public biuldinirs ]H-ohibited, 02 2 "DIRT JIust not be cut or carric-d from any street or IhoroiEjlifare, Xo person shall cut dirt from bank of the i-iver. Hauling dirt and depositing in sirecTs prohibited, Not allowed to throw sweepings on streets, M'lien allowed to throw dirt or swtepini^s on streets, DISEASE. Board of health to examine all cause.< of di.-^ease, IIow nuisances as cause of disease abated, Not lawful for steamboats or rail- road to bring contagcous or in- fections disease, Not lawful to dig hole in street, Not lawful to throw tilth on §anie, IIow nrivies shall be kept. Not lawfitl to establish tan' yard. Small pox, how treiitod. Duties and powers of Board of Health, DISORDETUA' CONDUCT. Defacing any building iielonging to city. Injuring any clinrf^':, Cursinu, swearing. Keepers of public houses punish- ed tor allowing disorderly con duct on- their premises, Distua-bing religions or other as- ■ sembly, Dnnikenncps on .streets, Disorderly bnu.se or ill (;-: . Disorderly women, Renting hon.se tor disoid, pose, Indecently exposin-j' per.son. Injuring public oi- priyateproperty, I/iiborijig on Sunday, Shooting, huuiing, 'racing on sun day. General jirovision.s, '. Riding or driving at au iuordia- * ate gait, .'ii. ftiil Injuring shade tree, Ot; 273 '; y Hitching horse to shade tree, J)t> 273 .''>-£MlGa:ning with minors, 03 2o9 '■2-TRQhniiing in corporation, [)0 2Sli DOGS. 'IS of dogs must render list of, 00 125 ii'^ • registered, 60 125 7i ro4 Must procure collar, 00 125 Dogs not allowed to rnn at Irrge, 67 120 73 155 Marshal's fee for killing dogs and conveying same out of the city, C7 120 73 155 ' DRAYS. Must be licensed, 52 65 73,155 License fee, 53 60 Drays numbered, 54 ■ 70 U^hat is aload, 54 71 74 163 Over charges forbidden, 54 71 Penalty for refusing load, 54 71 81 192 License not transferable except by consent of council, 50 70 33& 34 Not allowed lo drive immoderateiy, 00 121 Stopping at crossing's forbidden, 04 113 50&251 ,." • DRIVING. Fast driving prohipited, CO 121 DRUNKENNESS, «4 2ii5 Forbidden, 03 255 ELECTION. ■^'4 2(1.' Of Mayor and councilmen, -4 5 Ajppointment of inspectors, clerk 05 lis and returning ofiicer, ■'■I ('■ Their oath, 34 05 116 Time of opening and closing polls, 35 Votes counted out and certified to i>'> 117 council, 35 S How contested, 35 O&lo Council to declare result of election, 35 11 78 1S2 ELECTORS. Their (|ualili'Mii- ] '^2 Chief engineer'.? report, 86 215 l']ni;ineors have trumpets, 80 210 jA])propriaii()ns to tire company, 86 217 02 250J\Vlien appropriation made, 80 217 '.'2 251 Report of condition of company, 80 218 02 252 Engineers authority to distroy building, • 87 219 ! IIow lines' are collected, 87 220 03 2."3JCompanies recpiired to keep in or- der engines, 87 221 ' 'A ■:'.". tlOJliccrs and members of lire com- pany exempt from what duties, 87 222 Duty of foremen of company, 87 223 :i,- EFIDEMICS. ISmall pox, 70 173 , ; 'j« :;;l)nty of Boardof Health, incase 04 205 of epidemics, 78 182 'Ji 2'iii|Por.sons bringing infections disea- •,i5'2<'.;i ses to city, " 70 1^5 ■ EVIDENCE. 05 270 Marsha! or police ofiicer must OC 270i summon witnesses. Witnesses refusing attendance, e>e, 121I ' punished, Oo 2-1 1)8 285 INDEX. lOi ")S 8S.- W 121 Evidence in prosecutions for tra- (linjj with slaves, 72 Evidence of abusive language ad- missible in i)rosccutions foi- as- saults and all'ravs, 'Jl EXECUTIONS. jMay issue for collection of taxes, 50 Maybe levied on person'l property, 50 May issue against real estate, 50 May issue for collection of fines and forfeitures, '.'It Alias and plures executions, W EXPENDITURES. Cit\' clerk shall keoii account of, EXTENSIONS. No person allowed to alter or ex- tend street. How streets are extended. How objections to opening streets are heard and settled. How damages are assessed, I^ALSE MEASURES. Using false measures &c.. Falifie mark, JIarshal shall insjiect weiii'i' , measures, &c., FAllE. Ilacknien, drays and carriages, Taiilf of charges. Hacks, carriages and cabs must have rate of charges cdnspiciious. FAST l)liIVINi;. Forbidden, FEES. To the Miiyor, 44 To a councilman for trying a case, 41 To the city clerk, 44 To the marshal, 44 City not liable for fees, 44 FIGHTING. Alfrays, '.•! Assault and batterv, 'Jl FILTH. Not to be thrown in streets, ('lo What days deijosited in streets, (i5 Not lawful to deposit dirt on streets, 05 Shall not obstruct sewers or gutters, (Jo FINES. How collected, li'.l I'.xocutions for iines, 'M Sales under execution, 'jy Persons failing to pay required to work on streets. Free negroes failing to pay fines how punished, 75 FIRES. Fire Department, s4 Or-jranization of fire comjianics, f^o Chief engineer and assistants, 8.'> Vacancy how filled, !S5 First and second assistants when vacant how lillf(l, s."> (jualilication of voters, ■■•'> I'ower of engineers, \ '-^5 Chief engineer must examine en- gines, SO Chief engineer must report condi- tion of de|)artment, -'! Trumpet of engineers, Appmpriations to Fire Dejinrt- nient, 15.' 245 "57 5s 6-J '.t'.i 2!^S W 2S'.i 3S '20 51) •M (iO \i; no \u GO '.•>■ 100 41 41 41 41 4)i 24'' 24'J lie, 117 11^ 11'.) 2.S7 2s',i '2111 165 207 Must furnish council statement of condition, 8(3 21S Engineer authorized to tear down houses, '87 Fines imposed, 87 .Must take care of apparatus, 87 Odicerg itnd members exempt from workinij; streets, 87 Duty ot iireman ou an alarm, 87 Penalty for removing engines and aiiparatus, " " 87 Fire limits, 88 Persons erecting wooden build- ings within lire limits forbidden, [88 No person allowed to remove wood on buildings within fire limits, 88 Duty at lire, " 88 Refusing to assist at lire, 89 Duty of city marshal win u r.'nnn is'given," 89 Duly of niinshal and , 89 Ciiimneys not to be bumi vm ex- cept at certain time, .89 Stoves, chimneys ic. abated as nuisances, <• 89 Smoking not allowed at certain places, • 00 Shooting prohibited, fxi iCceping ot powder, how regulated, W Marshal keeps magazine, FIRE-ARMS. .Vot to be discharged within cm , vu frI':e negroes. ' Found at unlawful assembly of slaves, Freo negroes must be registered. Shall give bond, No free negro shall go at large, Coming from another Stiito,^ Free negro uon resident workinp in city. Free negro convicted how punish'd,74 Free negro refusing to pay line, .Shall not smoke ou the Btrects, Shall not ])lay cards, GALLl-JilES AND VEBANDAHS. Must be 1-,' '■ ■' ■ ' - ■ ' '-, t;:) 109 Forhidtieii, Exhibiting g..;iii;:g luLia', .iny jierson betting at sunic pun- ished, P.etting with iniii'iv fnibidiiiMi, Playing at cards lor iiiniicy torbid'u. White person i)ret'eiit when ne- groes are playing cards punish'd, 71 14' UOATS. Vot iUlowcd fn run at GRAVE '' ' " '::ili lake chaij.- I'i ,M_-w 219 220 221 222 '224 225 220 228 229 2-60 '201 2-62 233 234 235 230 '.^37 ■s)S 71 14^^ 7:i 15!) 74 li!0 74 ini 74 102 741C8 74 1C.4 75 105 71 146 71 144 •J3 250 93 257 i»S 25S 9:: ii.-)9 93 'JOd 1/1 1 ^■, 81 lilt 111 ■ ., -f-, iYtj rrnrcs. ^3 192 •21: Nu ^ dead WI. S2 190 '214 Noti : .. . .^, , ,_iave- yard. S2 198 21.- N'> no?r'> fliv M be hir-icd in Old 106 INDEX. G'GAKD HOUSE. All iiersoiis airosted cou lined in, ^larshal has c'uarce of, "GUNS. Not to be discharged in citv, GUN I'OWDER. , hall be kept in magazine, ■Juautity merchant can keep un- der Lis control, City marshal has charge of mag- azine, GUTTERS. Obstructing punished, UACKS Owners of must obtain license, jA'atos of hackmen, Number of hack painted in figures llaekmen must keep law of same exposed in view, License not transferable, Not allowed to obstruct streets, Not allowed to leave standing, Xegrsik not to hire hack. Hacks not to carry negroes, Nesrro found riding in h&ck whip- ped. llackniBP shall not race, HAWKING AND PEDDLIN Persons hawking goods about the streets must obtam license, How much paid for /icense. No person allowed to sell in mar- ket house, HAWLING. Price for, HEALTH. A board of health established, City divided into two wards. How board is organized, Duty of board of health, Duty to examine premises, AVhen board shall meet, I'rivies regulated. Filth emptied in streets, 1 its or holes dug in streets, i an yard ncil. allowed, ^'orsous ott'ending agaipst above provisions, HIIIB. Slave not allovred to hire his time Owner of slave hiring time lined. City clerk grant license, Liv'ery stable keepers not to hire to slaves, HOGS. Xipnning at large, "When not allowed, How di.si>osed of redeemed how, HOOK AND LADDER, Company, Appropriations to, Duty of. Exemption from street work, HORSES. l?unuing at large, liitcliing ty shade tree, Not to be driven or ridden fast, HOSPITAL. What building. Committee controls. 07 27S C'J 13b 90 23G yo 257 90 237 00 28S 6j 11', S2 fi,-) 54 72 55 73 55 73 5« 79 Hi 118 G4 114 7o 156 7' GO 12i. 90 27',' 00 121 75 107 7o IGt Duty of committee, 75 169 Their application for money must slate object of expenditure. Physician and Surgeon, When elected. His duty. He shall report quarterly, When cases of small pox occur, Steward of hospital. His duties. Pauper patient. How pauper patient admitted, Pauper patients required to work out their board bill, HOTEL, Must be licensed. How much paid for license, HOUSES. Wooden shall not be built in lire Limits, How stone and brick to be covered, ss 227 No person allowed to remove wooden buildings within fire limits, 8S 228 Injuries to buildiuns. 92 250&251. HOUSES OF ILL-FAME. Forbidden, 94 261 What is house of ill-fome, 94 262 Renting for snch purpose, 94 263 IDLERS AND VAGRANTS. How dealt with, 95 268 INDECENT CONDUCT. Using river bluff as privy, Exposure of person forbidden, Bathing, LAND. How taxed, Scale of valuation, LEASES. Of market stalls, Duty of lessees, LECTURES. Licensed, Religious or charitable object not taxed, LICENSES. Persons required to take out, .•Vmounts to bo paid for license. When license expire, Penalties for not taking out, Exception to license law, .\ot transferable, FIRE LIMITS Fire Limits, LIQUORS. Retailers of, licensed. Amount of License, Who is a retailer, Who issues license and to whom. Gambling lorbidden, iVegroe.s not allowed to act as clerk, Xoc to sell to nearoef, \ Must not wive to slaves. What evidence necessary. General provisious, LISTS. The clerk shall prepare a list of voters, 1,1 VERY STABLES. Must not hire to negroes. Penalty for suffering negroes to 56 43 40 SO 85 05 OS 05 00 07 09 OS 52 05 iti 00 55 74 55 .75 55 70 55 76 72 151 72 152 72 153 90 270 35 7 73 150 INDEX. 107 ride in hacks, How negro is punished, LOAD. Of dray, cart, &.C., LOTTERY TICKETS. Vendors nuistp»ocure license. Amount of license, MAGAZINE—POWDER PovTder kept in, City marshal has charge of, MALICIOUS MISCHIEF. Punished, MAPS. Of grave yard, kept bv sexton, MARKET. Regulations, Persons renting more than arc necessary. Market hours. No person to sell or buy, before market hours, Shall not buy to speculate on, Duty of lessees, MARSHAL. How elected. Salary of marshal, Oath 'of, Bond of, Sh.ill execute process, Take charge of streets. Shall make lists of patrol, Sliall colled fines &c. Has charge of police and patrol. Shall notify patrol, Has custocy of city prison, Duty to keep ])risoD cleanj Has charge of magazine. Must impound hogs, goats and cat- tle running at large, ^lust kill dogs without collars. Test weights and measures, Regulates lauding of boats. Aids at fires, Marshal must collect fines, MAYOR. How elected. Must preside at all meetings of ci- ty cr-uncil, His duty to sec laws executed, Shall report misconduct of all offi- cers, Mayor's salary. Mayor can call meeting, Mayor shall sign nil ordinances and laws. Fees of, Mayor shall issue notice to real es- tate holders. Mayor to inform council of amo't of revenue. Shall certify taxes. Mayor chairman of committee of hospital, Mayor chairman Board of health, Mayor a])p(>ints board, JIayor shall cause the arrest of of- fenders, MEASURES. Standard of, I'ersons using any differing from standard, imnished, 73 157iPersons using false measures, 58 88 73 158 Marshal shall test, 58 90 MORTUARY REPORTS. ri4 71 Physicians must make reports of cleaths, 81 192 52 G5 Clerk must file reports, 81 193 5-i 66 NUISANCE. Causes of infectious diseases, 78 182 90 237 Board of health can examine pre- 90 238 mises, . 79 183 Filth on streets, 80 188 04 266 Digging pits on streets, 80 189 Tan vard in city, 80 190 81 194 Butclier Pen, 80 190 OBSTRUCTIONS. 56 SO No person shall obstruct sidewalks, 62 107 Cellar door above sidewalk, 64 110 56 81 Steps on same, 64 111 Vehicle stopped on sidewalk, 64 113 Building or fence on sidewalk, 65 115 Ashes or dirt on siJewalk, 65 116 Putting dirt on sidewalk, 66 118 Obsiructing gutters and sewers, 65 119 Anything found obstructing side- walks sold, 67 129 OMNIBUS. Must be licensed, 52 65 Amount of license, 52 66 OFFICERS. City how elected, 54 5 How and when removed, 43 89 Punishment of de.inquents, 43 40 PATROL. What citizens liable to duty, 68 132 There shall be a leader, 68 183 Any person refusing 10 do patrol duty fined, 69 134 Leader must notify his company, 69 135 Duty after 8}4 o'clock, p.m. 69 186 .\iding prisoner to escape patrol punished, C9 137 PAUPERS. Must not be brought to city, 95 267 Paupe*- how treated, 95 268 Paupers when sick, 77 176 When convalescent required to work streets, 78 178 13 PEDDLING. 14 Licensced, 52 65 PHYSICIAN. 14 City physician, 76 171 15 His duty, 76 172 16 He shall report quarterlj', 76 173 Physicians must report deaths, 81 192 IS PISTOI-S 41 Shall not be discharged in streets, 90 236 "' " " 96 275 57 57 57 40 40 40 40 40 40 41 41 68 130 68 133 69 13s 70 139 90 23t; 66 122 67 120 58 90 83 202 89 231 99 287 44 75 1 78 1 Must not be carried concealed, 45 4-) POLICE. What constitutes, 68 130 r,i Duty of police, 68 131 How appointed 68 130 PORTER— See Dav Laborer. POWDER. Shall be kept in magazine 90 287 78 181 iMnrshal has charge of, 90 238 PRISON. 97 278 City prison in custody of marshal, 69 188 Must be kei't clean. 7o 139 .-)7 8(;| PRIVY. I Not to be put on streets, 79 186 57 87 River bluff not to be used as such, 94 264 108 INDEX. 92 250 W> 270 ;t 04 265 06 274 52 65 03 253 45 4.". 45 4.3 45 44 44 46 40 Objections to valuation heard, 46 Valuation shall be equal, 46 Valuation certified by Mayor and city clerk, 47 City "clerk assesses person'l prop.ty 47 Shall notify all persous to tile schedule. Schedule when not tiled. Clerk shall receive fee when sched dule not filed, When schedule is complete. When schedule must be made. Council meeting afier assessment, 48 Mayor must state revenue needed, 48 Clerk must make schedule of ag- aggregate amount of taxable piopei'tv. Half taxes due, 20th Jan. & Dec. When taxes arc not paid, How execution levied. When personal property not found, 50 Notice of sale. Tax year. Clerk administers oath. Clerk allowed fee for execution, TEN PIN ALLEY. Must be licensed. Amount of license, THEATER. Must be licensed. Amount of license, TREASURER. How elected, Bond of. Treasurer's salary. Shall keep all moneys How he shall pay out. Shall preserve all books, TOMBSTONES. Persons injuring punished, TREES. In cemetery not to be injured, Mock Orange, ^. Injuring shade tree, Hitching horse to, UNLAWFUI^ASSEMBLY What is unlawful a^embly, White or free jjcrson at, VAGRANTS. In citv taken up, VEHICLES. Lincensed, Amount of license. Must be numbered, VOTERS. Who allowed to vote, Must pay poll and street tax. Illegal voter.s punished, WASHERWOMEN A SEAMSTRESSES. See Daj Laooiers. WAGONS. Licensed, 52 05 What is aload, 54 71 WEAPONS-CONCEALED. Must not be carried. 96 275 WEIGHTS AND MEASURES. Rcgulation.s of, 57 88 What shall be standard of, 57 86 Penalties for selling by other standards, 57 87 Penalty for using false, 58 8S 47 49 47 50 47 551 48 52 48 53 48 54 48 54 40 55 40 50 50 57 50 58 50 59 51 60 ,'1 62 51 03 51 64 52 65 52 en 52 65 52 66 39 25 36 25 39 25 39 26 39 26 40 27 83 200 83 200 96 274 96 272 96 203 71 147 71 148 95 268 52 65 52 60 53 70 35 7 35 7 36 12 110 INDEX. Shall be tested, WITNESSES. Marshal shall summon, Defaulting witnesses punished, 68 90 9S 284 98 285 WOODEN BUILDING. Shall not be erected in fire limits, 88 228 Shall not be moved in fire limits, 88 228 WORSHIP. Shall not be disturbed, 93 254 ^FFEKTIDi::^. (The act published below was passed after the Charter, Amendments and Code were printed. — L.) ^N A.CT To amend An Act, amendatory of the Charter of the City of Selma. Section 1 . Be it eiicbcted hy the Senate and House of Jiepresentatides of the Stateqf Alahamain General Assemhly convened — That the Act, entitled " An Act to amend the Charter of the City of Sehna," approved Fehruary 24th, 1S60, be and the same is hereby altered and amended as hereinafter specified and enacted. Sec. 2. A?id be it further enacted, That any free- Appeal holder of tlie City of Selma, who may be dissatisfied nienutf Re- with the valuation of real estate in said City, made foN^ed^'^ "''• by the Assessor of Taxes in said City, may refer the said valuation of his real estate to three freeholders how's^eiect^ of said City, who are not Councilmen, one of said®*^- freeholders to be selected by the person dissatisfied with the valuation made by tlie City Assessor, another of said freeholders to be selected by the Mayor of said City, and the third freeholder to be chosen by Their decis- tlie two freeholders first selected, and the decision '""^ ''"*'■ of the said three freeholders, shall be the true vaUiation of the real estate so submitted to them, and upon the said valuation the City Taxes shall be assessed: Provided, the person dissatisfied with the Proviso, valuation of liis said real estate, as returned in the schedule and valuation made by the person appointed by the City Council, sliall give to the Mayor of said City written notice of liis dissatisfaction, and tlie name of the referee chosen by him, within ton days after ub lication of the returns to the City Clerk's office, 112 APPENDIX. of said schedule and valuation, and upon the recep- tion of said notice, by the said Mayor, he, the said Mayor shall designate some person as above set forth^ and these two so selected and designated shall select a third person, and proceed within ten days from the date of their selection to hear the case, and immedi- ately after the valuation of the said real estate refer- red to them, is made and determined by them, they shall give notice of the same to the Mayor as afore- said. Mayor and gp^^. 3. Andlc it further enacted. That at the ex- Couneilmen '^ i . i i ti r a n\ to be elect- piratiou of the term for which the Mayor and bom- edanniiallv. J- "^ - mon Councilmen of the City of Selma are elected, the Mayor and Councilmen of said City shall be elected for one year, and shall hold their offices for one year, or until the election and qualification of their suc- cessors, and the elections for Mayor and Councilmen, shall at the expiration of the terms of the present in- cumbents be made annually instead of biannually as heretofore. ae^tlln con- Sec. 4. And 1)6 it furthev enacted, That so much bovepi-ovis- of " An Act to incorporate the City of Selma," ap- proved February 6tli, 1858, and of an Act to amend the charter of the said City of Selma, approved Feb'y 24th, 1860, as is in conflict with the provisions of this act, be and the same is hereby repealed. Approved, December 3d, 1861. ERRATA. On page 53, 4tli line from top, insert the word "other" after "every." On page 53, sec. 67, read "annual" for "animal." On page 91, sec. 245 omit "241." X ^ ^4