mi./^:-.M 
 

 
 1 
 
 
 PERKINS LIBRARY 
 
 Uulce University 
 Kare Dooks 
 
 1 
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/, 
 
T H; K CODE 
 
 CITY OF MONTCIOMERY. 
 
 rRErAREIi JX PIR^IANCK OV AN 
 
 Order of the City Council oi' Montgomery 
 
 13 Y .TOIXrS AV. A.. S^VIVFOKO. 
 
 MONTGOMEllY, ALA ; 
 
 .1M,< .t SMITH, CALORIC WOli AND J F 1 1 IMER.^ 
 ISGl. 
 

 E E R A^ T i^ . 
 
 Oil page oO, § 18, ior -wliieh,"' roa«l wliicli. 
 
 On page 31, § 24, for "cacli," read each. 
 
 Ou page 45, § 102, for "sueli," read siicli. 
 
 On page 47, § 113, for 'Tigliing," read figlitiiig. 
 
 On page 45, § 114, omit tlie word ''nine/' 
 
 On page 57, § 167, for " office," read office. 
 
 On page 63, § 190, for '•couneiV read coimcil.. 
 
 Ou page 06, § 220, for " licence," read license. 
 
 On page 74, § 2G6, for " ca," read every. 
 
 On page 78, § 203, for " moret ban," read nKDrc Uian. 
 
 On imge 87, § 346, for '■ informer," read informer. 
 
 ERRATA IN MARGINAL NOTES. 
 
 On page 20, § 17, lor -approbriuus,"' read opprobrious 
 
 On page 20, § 27, for .''if any," read if no. 
 
 Ou page 34, § 42, for "artesion," read artesian. 
 
 On page 37, § 61, for " agast," read against. 
 
 On page 50, § 133, for '• foregoin," read foregoing. 
 
 On page 5L § 134, for '' lectues," read lecture. 
 
 On page 56, § 164, for " fires," read fences. 
 
 On page 64, § 206, for "pcdling," read peddling. 
 
 On page 67, § 224, for "licenses," read licenf5es. 
 
 On page 75^ § 271, for "removrl," read removal. 
 
 On page 70, § 301, for "patrollcrs," read patrol. 
 
 On page 80, § 303, for "ten," read two. 
 
 On page 82, § 311, for "retaile," read retailer. 
 
 On page 05, § 396, for " upon," read issue. 
 
 On i^ige 90, § 418, for " wharfinlier," read wharfinger. 
 
 On pnue 00. § 410, for "ratee," read rates. 
 
 ^ 
 
 36 ^ ^ ^ / 
 
^N A.CT 
 
 To Incorporate the City of Montgomery, approv- 
 ed December 23d, 1837. 
 
 Section 1. — Be it enacted by the Senate and House of 
 Represeniaiivcs of the State of Alabama, in Gen- 
 eral Assembly convened — 
 
 That the town of Montgomery, in said State, 
 shall hereafter be called the city of Montgomery, tion.° '^'''''"*" 
 and that the said town or city shall include within 
 its corporate limits, fractional section twelve, in 
 township sixteen, and range seventeen, East of the 
 Alabama river, and so much of the North-East quar- 
 ter of section thirteen, in township sixteen and range 
 seventeen, as has been heretofore surveyed and laid 
 out in lots of a size less than one acre ; and so 
 much of the North-West quarter of section seven 
 in the last named township and range, as has been 
 heretofore surveyed, and laid out in lots of a size 
 less than one acre ; and also tlie fractional section . , , 
 
 twelve, in township sixteen, East of the Alabama l^y a" Act 
 
 ' ^ ' January 24, 
 
 river ; the North-East quarter of section thirteen, issst. 
 in township sixteen and range seventeen ; tbe North- 
 West quarter of section eighteen in township six- 
 teen and range eighteen ; the South West quarter 
 of section seven, in township sixteen and range 
 eighteen ; the North-West quarter of section sev- 
 en, in township sixteen and range eighteen ; the 
 West halt of the South-East quarter of section sev- 
 
2 
 
 en, in township sixteen, and range eighteen ; and 
 bvAc" Jiiif ^ pi<3ce oi" Uxnd containing nine and thirty-five hun- 
 i3th, 1811. dredths acres, by Anierson's Survey, situated im- 
 mediately East of tliat point of said city known as 
 Scott's Town, and inclosed and used as a burying 
 Anion (lod grouud ; the West half of the North-East cpiarter 
 i;!, IHSO. "^ ' of section seven, tov/nship sixteen range eigliteen ; 
 and the inhabitants whereof shall bo a body cor- 
 porate, anel that the Mayor and Aldermen of said 
 city, when elected and qualified, as hereinafter 
 directed, sluill be named and styled "Tlie City 
 May pur- Council of Montgomery," and by that name may 
 (u- pcrBoiiai purchase, receive, hold, or let, sell, grant, alien, or 
 s'uo" ami ilc '^''Sure proj)crty, real and personal, and sue and be 
 Bued. sued, })h!ad and be impleaded, and to do and per- 
 
 Seai. form any otlier acts incident to bodies corporate, to 
 
 have a common seal which maybe changed at pleas- 
 tiou of tho lire, and that the jurisdiction shall extend to and 
 '"■' ^' include all the lands above described, and all the 
 
 Alabama river opposite to said fractional section 
 
 Amen (lod twelve. 
 
 Nov?'^ 2;!r1,' Section 2. — Be it further enacted^ That the cor- 
 1S53. poration limits of said city of Montgomery be, and 
 
 Tho city (h- l\^^^ same are divided into six Wards, as folloAvs : 
 
 (liVKifxl into ' 
 
 six Wards. All that part of said city lying South- West of 
 
 Commerce street. North- West of Montgomery 
 Ward No. I. street, and North of Clayton street, shall form tho 
 
 First Ward, and shall be known and styled as 
 
 Ward number one ; 
 And all that part of said city lying South-East 
 
 of Montgomery street. South ot Clayton street, and 
 Ward No. 2. Wcst of Court street, shall form the Second Ward, 
 
 and shall be known and styled as Ward number 
 
 two ; 
 
 Ward No. 'i. ^^''i'^ '"-^^^ ^^^^^ V'^^'^ *^^ ^^^^ ^i^J ^I'^^q East of Court 
 street^ South of Market street, and West of Law- 
 
3 
 
 rcnco street, sliall form tlio Third Ward, and shall 
 be known and st3'lcd as Ward nnmher three ; 
 
 And all that part of said city lying East of Law- w.ani No. t. 
 rence street, South of Marlcct and South Market 
 streets, shall form the Fourth Ward, and shall he 
 known and styled as Ward numher four ; 
 
 And all that part of said city lying North of Ward No. r.. 
 Market and South Market streets, and East of Per- 
 ry street, shall form the Fifth Ward, and shall he 
 known and styled as Ward numher five ; 
 
 And all that part of said city lying North oi' War.i n... c. 
 Market street, and North-East of Commerce, and 
 West of Perry street, shall form tlie Sixth Ward, 
 and shall be known as Ward number six ; 
 
 And each of said Wards, numbers one, two, three, li;'^*^''/'^'''','^ 
 
 ' 7 7 7 Wards slmll 
 
 four, five and six, sliall, and is herebv declared en- '"^ c-ntitiod 
 
 titled to two Aldermen, who shall reside in the donncn. 
 
 same, and who shall be elected annually by the ^y^, j^,,^. 2 ; 
 
 qualified electors thereof ; and an election shall be ^'*''''- 
 
 held in each Ward on the first ]\Tonday in Decern- ]:iection 
 
 her in each and every year, for a Mayor, wlio shall fipi.^on fust 
 
 reside within the limits of said city, and two A!- •^'""'"'■ly "• 
 
 •^ ' I • o r. in l)or 
 
 dermen for each Ward ; and the ])erson having the " ^ f^vcry 
 
 greatest number of votes for Mayor in said city 
 
 shall be Mayor, and the two ]iersons in each Ward 
 
 having the greatest number of votes for Aldermen, 
 
 shall be Aldermen for such Ward ; but if two or 
 
 more ])ersons have an equal number of votes for 
 
 Mayor, the Aldermen shall determine who sliall be , , 
 
 Mayor; and if no two persons in any ward shall ti<'forM:iy 
 
 have a higher number of votes than any other ])er- 
 
 son, the Mayor and Aldermen shall det(Mniine who 
 
 shall be Aldermen for that Ward, the one having 
 
 the highest number always being one. The Rai<l 
 
 Mayor and Aldermen shall hold their office until 
 
 men. 
 
Term of of- 
 fice. 
 
 Vacancies, 
 how filled. 
 
 Who 
 
 decide elec- 
 tions. 
 
 the next succeeding election after their election or 
 appointment, and until tlieir successors are duly- 
 elected and qualified ; if a vacancy occur in the of- 
 fice of Mayor or Aldermen by death, resignation, 
 removal, or otherwise, such vacancies shall be filled 
 by the Mayor and Aldermen, or by the Aldermen, 
 shall ^^ ^he case may be ; the Aldermen shall judge of 
 the qualification of the Mayor, and the Mayor and 
 Aldermen shall judge of the qualification of each 
 Alderman. 
 
 Two freehol 
 ders to be 
 appointed. 
 
 Qual ili ca- 
 tion of vo- 
 ters for city 
 officers. 
 
 Amended 
 by Act, Nov. 
 29, 1859. 
 
 Qu ali fi ca- 
 tion of May- 
 or or Alder- 
 men. 
 
 Proviso. 
 
 Oath of of- 
 fice. 
 
 Section 3. — And be it further enacted, That the 
 Intendant and Council of the town of Montgomery 
 shall appoint at least two discreet and respectable 
 freeholders or lot holders in each Ward, who shall 
 be managers of the next election, and said city 
 Council shall make such appointments thereafter, 
 All white male citizens of this State, above the age 
 of twenty-one years, who shall have resided within 
 said cit}^ six months immediately preceding an elec- 
 tion, who shall have paid a poll tax for the munici- 
 pal year, shall be qualified electors for Mayor and 
 Aldermen ; and no person shall be elegible to the 
 office of Mayor or Aldermen, unless, in addition to 
 the qualification of elector, he shall have resided in 
 said city one year next preceding an election, and 
 be a freeholder or lot holder in said city : Provided, 
 that so much of this section as provides the pay- 
 ment of taxes as a qualification of an elector, or 
 Mayor or Alderman, shall not apply to persons liv- 
 ing at the next election on the above described 
 lands, and out of the limits of the town of Mont- 
 gomery. 
 
 Section 4. — And he it further enacted, That the 
 said Mayor and Aldermen, shall severally, before 
 they enter upon the duties of their office, in addi- 
 
tion to tlie oath prescribed for civil officers of the 
 State, make and subscribe an affidavit that they 
 will endeavor to prevent and punish all tumultuous 
 and riotous assemblies, assaults and batteries, gam- 
 ing, keeping gaming houses, and all other public 
 oifences and violations of the laws of the State and 
 ordinances of said city ; and will faithfully, to the 
 best of their skill and judgment, execute their of- 
 fice without favor or partiality ; which affidavit 
 shall be filed in the office of the Clerk of said city. 
 Section 5. — And he it further enacted, That the 
 said Mayor and Aldermen, in Council assembled, 
 shall have power and authority to pass by-laws and 
 ordinances necessary and proper to prevent contagi- 
 ous and infectious diseases from being introduced 
 into said city, and to preserve the health thereof; 
 to prevent and remove all nuisances at the expense 
 of the person causing such nuisance, or upon whose 
 property it may be found ; to license, tax, regulate 
 and restrain theatrical amusements and shows ; to 
 restrain and prohibit gaming, and keeping gaming 
 houses and houses of ill fame ; 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 clean and keep 
 in repair tlie streets and alleys ; to regulate the sta- 
 tioning, moving and anchorage of steamboats, and 
 other boats and craft within their jurisdiction ; to 
 have a general control and superintendance over 
 tlic wharf, Avharfages, ferry, ferriages, public springs 
 and wells ; to establish necessary inspections ; to 
 erect and regulate markets and the assize of bread ; 
 to regulate the conveyance of water from the vicini- 
 ty into the said city ; to regulate tbe sales at auc- 
 tions, and to appoint auctioneers : Provided the 
 same shall not extend to sales under execution by 
 
 To pass by- 
 laws to pre- 
 vent conta- 
 gious d i 3- 
 eases to pro- 
 serve the 
 health, re- 
 move n u i- 
 eanecs, r e- 
 strain exhi- 
 bitions, ga- 
 ming, hous- 
 es oCill fame 
 establish 
 watches pa- 
 trol Ac. new 
 streets re- 
 pair streets, 
 regulate 
 boats ic.su- 
 p e r intend 
 the wharf, 
 ferry and 
 wells, rcgu- 
 late mar- 
 kets, ap- 
 point auc- 
 tioneers. 
 
 Proviso. 
 
6 
 
 order of court., or by executors or administrators ; 
 Regulate to ercct puWic scalc liouses, with proper scales, 
 
 weights and . • 4. • u 
 
 measures, weiglits and mcaKurcs ; and to appoint weighers 
 
 license carts , ^ • i i • r a' 
 
 wagons, Ac. ^md measurers to weigh and measure m case oi dis- 
 agreement betwecen buyer and seller ; to license 
 and regulate wagons, carts and drays^ and such 
 hacks and carriages, running from one part of the 
 said city to another part for hire ; and generally to 
 TopasBiaws pass sucli hy-laws and ordinances not contrary to 
 ry tcT^tre '^^■^^ Constitution and laws of this State, as said 
 andtawa'o° ^ayor and Aldermen shall from time to time deem 
 the State. necessary and proper to carry into effect the true 
 intent and meaning of this act, and the same to en- 
 A™^j '^°^ force, alter and repeal. 
 
 i8i3- The qualified voters for Mayor and Aldermen in 
 
 the city of Montgomery shall be authorized to voto 
 
 for and elect, annually, a Clerk, at the same time, 
 
 The Clerk and under the same regulations which are now pre- 
 
 iected°by sciibed for the election of Mayor and Aldermen : 
 
 the citizens. Provided, nevertheless, that tliG CIcrk so elected, 
 
 for maladministration in o£lice_, shall be subject to 
 
 removal by the City Council ; and all vacancies 
 
 The Mayor thus created shall be filled by the City Council. — 
 
 'men may The Said Mayor and Aldermen shall have power to 
 
 T?e^surer* appoint and remove at pleasure Treasurer and such 
 
 Marshal, & n^imbev of Marshals and other ofiicers as they 
 
 such other '' 
 
 officers as ^^^^y deem necessary and proper, and require such 
 cessary. bond and security as they may deem necessary, and 
 Fees & sal- to annex such fees and salaries to their several offi- 
 °'"^^' ces, and to impose such fines for neglect of duty in 
 
 Neglect of office, not exceeding one hundred dollars, as they 
 duty finable j^r^j Jcem necessary ; the said Mayor and Alder- 
 Finos ^^^ ^^'*^ ^^^'^ empowered to lay such fines, not ex- 
 ceeding fifty dollars, for breach or breaches of their 
 by-laws and ordinances, as they may deem proper_, 
 and to enforce and collect the same in such manner 
 
Provi.so. 
 
 as may bo prescribed by ordinance, by cxecutiou 'p onforcft 
 ai;ainst tlie person or property, or committing to ti'-n against 
 
 the jjcrson 
 
 jailj as tliey may deem necessary or proper, winch or property. 
 fines shall be appropriated in such manner as the 
 said City Council may prescribe ; Provided, that 
 this act and all the by-laws, and ordinances ol' said 
 city shall at all times be subject to revision or re- 
 peal by the General Assembly. 
 
 Section 6. — And he it Jurihcr enacted, That the To assess 
 said Mayor and Aldermen, sliall have power and taxes. 
 authority for the ordinary current expenses of said Amended 
 city, to assess, levy and collect annually, a tax on iXTsog'.^' 
 real estate, not exceeding one-half of one per cent, 
 on the cash value thereof, and no more in any one 
 year, and the City Council of Montgomery shall 
 not contract any debt or incur any liability for, or 
 on account of the city of Montgomery, which is not 
 to be paid out of the ordinary current revenue of 
 the year in which said debt or liability is contracted 
 or incurred, and any such debt or liability attempt- 
 ed to be contracted or incurred by the said City 
 Council, in violation of the foregoing provisions 
 shall be void, as against the city of Montgomery. 
 The ]\Iayor and Aldermen shall have power and 
 authority to pass laws for the assessment, levy, and 
 collection of taxes not exceeding the following 
 rates : 
 
 A poll tax, not exceeding two dollars on cacli Poll tax. 
 white male inhabitant above twenty-one years of 
 age : Provided, lie sliall have resided in said city 
 two months immediately preceding the time said 
 tax shall be levied ; on each slave over ten and un- Tax on 
 
 . __ , Blavop, freo 
 
 der nity years of age, not exceeding one dollar ; on negro o r 
 every free negro or mulatto, who shall reside in carrlaRes', 
 said city, not exceeding ten dollars; a tax on all In^'^^^ 
 pleasure carriages, gigs, chaira and sulkies, not ex- 
 
ceeding one per cent on the vahie thereof; on every 
 cart, dray^ wagon and other vehicle, used for the 
 transportation of goods and coinmodities from one 
 part of said city to another for hire, a tax not ex- 
 tatfer^s^mer- Ceeding twenty doUars ; on every retailer of spirit- 
 chants &c. ■fjQiig liquors, a tax not less than forty, nor more 
 than five hundred dollars ; on every vendor of goods, 
 wares and merchandise, drugs and medicines, or 
 either of them, a tax not exceeding twenty-five dol- 
 lars per annum ; on all goods sold at auction, a tax 
 not exceeding one per cent, on amount of sales, or 
 acTpeb! 25^ ^^^ exceeding fifty dollars per annum ; and for 
 1^60- each livery or sale stable, fifty dollars ; lottery offi- 
 
 ces or agencies two hundred dollars ; insurance offi- 
 ces, foreign or otherwise, fifty dollars ; free banks 
 or bank agencies, one hundred dollars ; negro tra- 
 ders or brokers, one hundred dollars ; all per- 
 sons buying cotton on commission, or otherwise, 
 Livery sta- tweuty-five dollars ; hotels, fifty dollars ; theatres, 
 
 ble, Lotter- •' ... 
 
 ies, &c. shows, or other exhibitions, five dollars for each 
 
 day's performance or exhibition, lectures when an 
 admission fee is charged except for charitable or 
 benevolent purposes, five dollars for each lecture ; 
 circuses for each day's or night's performances, 
 twenty dollars ; peddlers, thirty-five dollars ; law- 
 yers, doctors, dentists, and daguerrian artists, five 
 dollars each; billiard^ pool, bagatelle, or other tables 
 kept for playing, one hundred dollars each ; ten pin 
 alleys or alleys with any other number of pins, fifty 
 dollars ; restaurants, fifty dollars each ; concerts for 
 profit, five dollars each ; auctioneers, fifty dollars ; 
 warehouses for the storage of cotton, one hundred 
 dollars ; public scales, twenty-five dollars each ; 
 furniture, silver-plated ware, above the value of five 
 hundred dollars, one-fourth of one per cent, on the 
 value thereof ; horses and mules brought to market 
 
for sale by other persons tliau tlie proprietors of 
 livory stables, one dollar for eacli ; ])istol galleries, 
 jfifty dollars; gold watches, iifty eents; silver ' 
 
 watches and clocks, thirty-five cents ; gold safety or 
 watch chains, thirty-five cents ; companies for the 
 manufacture of gas, one hundred dollars ; inde- 
 pendent of the value of tlieir property ; steamboats 
 lying at the wharf for each day or any i^art there- 
 of, five dollars. 
 
 Section 7. — And he it farther enacted, That re- i!'^<'aii''i-s fo 
 
 '' ' j)rocurc 1 i - 
 
 tailers of spirituous liquors who may procure a li- i;<^nsp. 
 cense from said City Council of Montgomery, shall 
 be exonerated from paying anything to the county p^V y ^n <> 
 of Montgomery for the privilege of retailing in the ''"""*y ^'*-^- 
 city aforesaid. 
 
 To cxcrci.*© 
 
 Section 8. — And be if further enacted, That the i.ovvcis as 
 said Mayor and Aldermen shall be ex-officio, vested {"he '^)'c'aco? 
 with and may exercise in said city, all the ]iowers 
 and authority that belong to Justices of the Peace, 
 by the laws of this State, and the said Marshal ronstabic, 
 shall be ex-offieio. Constable, and shall be vested 
 with and exercise all the powers and authority of • 
 
 other Constables of this State ; and th(fsaid Mayor, 
 Aldermen and Marshals, shall respectively be liable 
 to the same penalties and restri(;tions as are impos- niinii" o'l.cv 
 ed by the laws of this State, upon the several offices ^^]^^^ \uu'Z 
 with which they are invested ; and tlu' Sheriff of '"^"• 
 said county of Montgomery, and all ministerial 
 officers shall obey the said May(»r and Aldermen, 
 and truly and faithfully execute the warrants and 
 processes committed to them for service^ according 
 to the mandate ; and it is made the duty of the »• 
 
 Jailor of 8ai<l countv to receive all |)risoners com- -THii-'v sh.iii 
 
 receive i>ri«- 
 
 mitted by warrants of tlic said Mayor and Alder- •nors. 
 men, and the ])ersftn "i- ]H'rvnns sm i-ommittc*!. ^afi*- 
 
10 
 
 The C i t y 
 Council 
 may meet in 
 the Court 
 House. 
 
 ]\Iayor anil 
 Aldermeu 
 t o remain 
 ill office un- 
 til their suc- 
 cessors a re 
 ejualifiod. 
 
 .Exempt 
 from work- 
 ins; on roads 
 
 A me n d e d 
 hv act Feb. 
 7th, ISOO. 
 
 Streets may 
 be Avidened 
 and extend- 
 ed. 
 
 Duty o f 
 Mayor in ac- 
 quiring use 
 of lands. 
 
 ]y to keep contined in close Jail till delivered there- 
 from by due course of law ; and the said City Coun- 
 cil are hereby authorized to hold their meetings and 
 to keep their records and papers in any room in the 
 Court House of said county, not at the time occu- 
 pied by the county or any of the county officers. 
 
 Section 9. — And he it further enacted, That 
 should the election not take place on the day fixed 
 for the annual election of Mayor and Aldermen, the 
 corporation shall not for that cause be dissolved_, 
 but the incumbents shall remain in office until 
 their successors shall be elected and qualified ; and 
 it shall be the duty of the Mayor and Aldermen to 
 fix some day as early as convenient within one month 
 thereafter, on which day tlie said election shall be 
 held. 
 
 Section 10. — And he it further enacted, That the 
 said inhabitants of the said city shall be exempted 
 from working on roads and highways out of said 
 city, and from patrol duty, except under the au- 
 tiioiity of said cit}^^ but the streets and highways 
 in said city shall be kept in repair by said city ; and 
 the City Council of said city shall have authority 
 to alter, widen, or extend any street within the 
 limits of the city, whenever in their judgment the 
 public convenience requires it. When any altera- 
 tion of a street is determined on by resolution of 
 the City Council, the Mayor of the city shall en- 
 deavor to acquire the right to the use of the lands 
 necessary for the purpose of alteration by purchase 
 or gift from the| i^roprietor or proprietors. "When 
 the Mayor cannot obtain the lands by purchase or 
 otherwise, or when the proprietor or proprietors of 
 any of the lands necessary for the proposed altera- 
 tions of the streets shall be an infant, non compos 
 mentis, non-resident, or person unknown, then the 
 
11 
 
 Mayor shall apply to the Clerk of the Circuit Court 
 for a writ of ad quod damnum, to be directed to the 
 Sheriff of Montgomery county, commanding him 
 to summons a jury of seven freeholders of the county, 
 not resident in the city of Montgomery to appear shorifi'. 
 before the Sheriff, on a day named not less than ten 
 days from the date of the writ, and to proceed un- 
 der his direction, after being sworn impartially to 
 discharge their duty, to assess the value of the y.^iup ^f 
 lands of such proprietor named in the ap])lieation ^''"'^ assess- 
 for the writ, and in the writ, which shall state the 
 lands required for use as part of the street, and tlic 
 names of the owners respectively, and the said jury 
 shall, after viewinir the premises, render a verdict y''''''<' " ^ 
 
 ' o 1 ^ .Tui-y Id bo 
 
 which may be done by a majority ; which verdict ie<M.r.i.-.i. 
 shall be endorsed on the writ by them, and shall 
 assess the damages to each proprietor severally, and 
 the Sheriff shall thereupon return the writ so en- 
 dorsed to the Clerk of the Circuit Court, and the 
 verdict so rendered shall be entered on the records 
 of the Circuit Court at the next term of the Court \„ ;i,,j„.ai 
 after its return, unless an appeal sliall have beefi j^'^ '"' '^''" 
 taken in the manner prescribed in the next section. 
 On the return of the verdict, and the payment to 
 the Clerk of the damages assessed the land so as- 
 sessed shall enure to the public use as part of the 
 streets unless the City Council, or some proprietor 
 or propritors shall within thirty days take an a})- 
 peal to the Circuit Courts and on such an appeal 
 being taken the matter shall be tried in the Circuit 
 Court de novo. On the suing out of the writ the 
 Mayor shall pay to the Clerk of the Circuit Court Tho Mayor 
 
 p , . must )iav 
 
 two dollars for his fees ; two dollars for each juror, fee.--, .tc 
 and four dollars for the Sheriff. 
 
 And all male citizens over eighteen ^and under citizcuf^iia- 
 forty- five years of age shall be liable to patrol duty, 
 and to serve as guard or watch at such times, and 
 
 loini 
 
 <IlllV. 
 
12 
 
 in such manner as may be prescribed by the said 
 City Coimci]. 
 
 Section 11. — -And be it further enacted, That all 
 Pro])erty property, claims and demands of whatsoever de- 
 scription belonging to the town of Montgomery, 
 shall be vested in the cit}^ of Montgomery, and all 
 debts, contracts and liabilities owning or incurred 
 bv said town shall be good and enforced a2;ainst 
 
 said city ; and the corporation of said town shall 
 and may subsist as long as necessary for enforcing 
 and collecting all claims and dues, or the same may 
 be enforced and collected by said city. 
 
 Section 12. — And he it further enacted. That it 
 ty &Q. ^ ' " shall be the duty of the Mayor to preside and keep 
 order at all meeting of the Mayor and Aldermen ; 
 he shall call meetings of the Aldermen whenever 
 in his opinion the interest of the said city may re- 
 quire it ; he shall keep an office in said city and 
 ]iear and determine upon all causes for breach of 
 the ordinances and by-laws, and shall receive such 
 fees and salary as may be prescribed by the City 
 Council ; in the absence or inability of the Mayor,, 
 the Aldermen shall appoint one of their own num- 
 tem^^o-^^'^' ber Mayor pro tempore, who shall discharge the 
 duties of Mayor till the Mayor returns or his ina- 
 bility is removed. Each of the Aldermen may also 
 may ^^ hear hear and determine causes for breach of the by- 
 iniie cases! ^^^^^ ^^<^ Ordinances ; two Aldermen may call a 
 (Quorum for meeting; the Mayor and three Aldermen, or four 
 
 iloing bnsi- . . . t ■,•, n 
 
 ness. Aldermen, shall lorm a quorum. 
 
 Section 13. — And he it further enacted, That the 
 
 said City Council may cause an assessment of taxes 
 
 to be made in each and every year by some proper 
 
 Assessment ''^^^ ^* person or pcrsous ; the assessment naming 
 
 of taxes. ^i^g person liable to such taxes when known, and 
 
 specifying the property when the owner i.s not 
 
18 
 
 known, Aviiic'h assessment shall be returned to the 
 
 Mayor to he laid before the Mayor and Aldermen, 
 
 and the Mayor shall cause at least ten davs public 
 
 notice that assessment Jias been made, and the time cause ten 
 
 Avhen the Mayor and Aldermen will proceed to hear t,,' bo given. 
 
 and determine upon all complaints which may be 
 
 made against such assessment, and it shall be their 
 
 duty to correct errors and supply omissions • and 
 
 •^ \'- " * Correct er'- 
 
 when the same has been passed upon by said City ors and sup- 
 Council, the said assessment shall have the force sionsiutax- 
 aud effect of a judgment and execution, and may 
 be collected by levy and sale of property, on giving 
 such notice as is required by law on executions from 
 the Circuit Court, and where no property to be found 
 is returned upon said assessment, the Mayor may Mayor may 
 
 *' issue capias 
 
 issue a capias ad satisfaciendum ; and all sales of ad satisfaci- 
 property made under or by virtue of such assess- 
 ment shall convey to the purchaser the same title 
 as if sold by execution from the Circuit Court ; and 
 the collector of said city shall, in case of sale of 
 real estate, give the purchaser a deed of conveyance, 
 which shall vest in the purchaser the same interest 
 that the person had|against whom such tax was as- estate sold 
 sessed at the time of such assessment, and where 
 the owner is not known, the entire equitable and 
 legal interest in such real estate discharged of all 
 liens : Provided, That where a tax is assessed upon 
 property, the owners of which are not known, 
 ninety days' notice of the sale, specifying the prop- 
 erty and the tax, shall be given in some newspaper 
 printed in said city : 
 
 And provided, That the duties required of the 
 said Mayor and Aldermen, except giving notice and 
 issuing capias ad satisfaciendum, may be devolved 
 upon a l)f>ard of assessors, and the assessments ap- 
 
 for taxes. 
 
14 
 
 proved by them shall have the same force and effect 
 
 as if approved by the Mayor and Aldermen. 
 
 by"ac?Feb. SECTION U.—And be it further enacted, That the 
 
 25, 18G0. ^Q^[([ Qiiy (jouncil is hereby authorised and empow- 
 
 The city ercd to pass laws for the sale of the real estate in 
 
 shall have . , . ^ i i i • ^ i 
 
 authority to said City lor taxes, whether the said real estate be. 
 tate for tax- longs to resident or non-resident, owners or to per- 
 Owner mav ^^^^ unknown, and to authorize the sale of any on© 
 redeem. jgt or subdivision of lot, if seperately assessed, and 
 that the owner or any one for him be allowed to re- 
 deem at any time within two years from the sale on 
 paying to the purchaser or the City Treasurer for 
 him four times the amount of the taxes, costs and 
 expenses paid by the purchaser, and interest at the 
 rate ot 20 per cent, per annum on the surplus, and 
 that surplus over and above the amount of the 
 taxes, interest, costs and expenses, be paid into the 
 du[y'^^""^^^ city Treasury, to be kept by the Treasurer for the 
 owner, upon the responsibility of his bond, and 
 that interest shall be collected, and the taxes as- 
 sessed from the first day of December next after the 
 assessment, if not paid by that day, and that where 
 any lot or part of a lot has been assessed to an un- 
 known owner, the assessment shall be prima facie 
 ci'i mayp"ur- evidence of the fact ; and that the City Council 
 eSte llil "^^J^ V its agent, purchase real estate sold for 
 lor taxes. taxcs ; the deed for the same may be made to the 
 Mayor of said city, to be held by him for said city^ 
 which may be redeemed as other lands sold for taxes 
 Duty of as aforesaid, and when redeemed the Mayor shall 
 Mayor. rc-couvey to the owner. 
 
 Section 15. — And he it further enacted, That the 
 
 said "City Council of Montgomery" shall have full 
 
 T o ordain power and authority to make, ordain and enact such 
 
 laws iiot con- ;[g^^g g^^j refiTulations (not contrary to the constitu- 
 
 trary to con- " ^ i i j 
 
 stitution and tiou and laAvs of this State) as may be deemed nec- 
 sta\e. "^ essary in relation to the streets and highways, pub- 
 
15 
 
 lie buildings Jind powder magazine, and every other 
 matter and thing whicli they may deem necessary 
 for the good order and welfare of said city. 
 
 Section 10. — And he it farther enacted, Tliat all 
 laws and parts of laws that may contravene this act 
 be and the same are hereby repealed, except so liopoaiim 
 much of any law heretofore passed as may be nec- 
 essary to carry out and complete any contract witli 
 or act of the said town Council of Montgomery, as^ 
 may now be incomplete or unsettled. 
 
 i^N" A.CT 
 
 To Amend the Charter of the City of Montgomery. 
 
 Section 1. — Be it enacted hy the Senate and House of 
 Representatives of the State of Alahama, in Gener- 
 al Assemhhj convened — 
 
 That the City Council of Montgomery be and the 
 same is hereby authorized to raise a sum of money ^ 
 not exceeding seventy-five thousand dollars by the authorize 4 
 sale of the bonds of said city for that amount, in 
 sums of one hundred dollars each, or upwards, l)ear- 
 ing such a rate of interest and redeemable at such 
 times and places as said corporation may designate. 
 
 Section 2. — And he it farther enacted, That the 
 said corporation be and tlie same is hereby author- 
 ized to pledge or mortgagje the real estate belong- I'ropertv of 
 
 i- ^ G o o corporation 
 
 ing to the said corporatioa, and the rents and prof- <f> be picdg- 
 
 its thereof, for the payment of the principal and in- mcni. 
 
 terest of said bonds, and to assess such a tax upon 
 
 the real estate witliin the corporate limits of said 
 
 city of Montgomery as shall be fully ade(]^uate to 
 
 the payment of the interest and for a sinking fund 
 
 for the payment of the principal of said debt. 
 
16 
 
 Sectio:s o.— And he il further enacted, That the 
 Tf bondh?i- l'iolclei;s of said Ijoncls shall not be renuircd to iii- 
 ders. « quire into the use or application of the sums of 
 money that shall be raised by the sale of, or ad- 
 vanced upon, said bonds, but that said holders shall 
 be entitled against said corporation to all the ad- 
 vantages of the holders of foreign bills of exchange. 
 Approved Februarv 2, 1840. 
 
 To Repeal An Act imposing restrictions on the 
 City Council of the city of Montgomery, and for 
 other purposes. 
 
 Section 1, — Be it enacted hy the Seriate and House 
 of Representatives of the Stcde of Alabama^ in 
 General Assenilhj convened — 
 
 That An Act imposing restrictions upon the City 
 Repeal. Couucil of thc city of Mongomery, approved on the 
 third of January, A. D. eighteen hundred and for- 
 ty-five, be and is hereby repeal. 
 
 Section 2. — And he it further enacted, That the 
 •City Council of Montgomery shall, from and after 
 the passage of this Act, have full power to collect, 
 demand and receive of and from the owners or con- 
 signees of all goods which shall be landed on or 
 shipped from the Montgomery city Avharf or wharfs, 
 landing or landings, such Avharfage as said Council 
 shall, irm time to time, deem necessary and prop- 
 er, not exceeding the following rates, to-wit : For 
 each bale of cotton, eight cents ; for each barrel 
 wiiarfs. " five cents ; for each sack of coffee, salt, or grain, 
 three cents ; for each hogshead or pipe, twenty 
 
 Rates wharf- 
 age at city 
 
17 
 
 cents ; for eacli hundred weiglit of iron, or other 
 metal, two and a half cents ; for all boxes, pack- 
 ages, and merchandise, by measurement, one cent 
 per square foot ; for each buggy or sulky, seventy- 
 five cents ; for each carriage, one dollar ; for each 
 thousand feet of lumber, fifty cents ; for each horse 
 or cow, ten cents ; for each sheep or hog, two and 
 a half cents ; for all steamboats, not exceeding two 
 dollars per day, and all barges or flat boats, one 
 dollar per day they sliall remain at said wluirfs or 
 landings. 
 
 Section 3. — And he it further enacted, That the Location of 
 said city wharfs or landings shall be located by '*^''^'^^"^'^^- 
 said City Council on any lands belonging to said 
 City Council on the Eastern bank of tlic Alabama 
 river, within the corporate limits of said city, pub- 
 lic grounds or streets on said bank. 
 
 Section A.— And he it further enacted, That Flem- f^'tenac.L '' 
 ing Freeman, his executors or assigns, shall have 
 full power to collect, demand and receive of and 
 from owners and consignees of goods and merchan- 
 dise which shall be landed or shipped from lots 
 numbered one, two and three, in square thirty-five, 
 on Lafayette street, and lot numbered nine, on Ful- 
 ton street, the same rates of wharfage that are al- 
 lowed by the second section of tliis act, or tliat may 
 be assessed by the City Council, and by them re- * 
 ceived on the city wharf aforesaid ; Provided, that 
 said Fleming Freeman be tlio houa fde owner of 
 the aforesaid lots. 
 
 Section 5. — And he it further enacted, That 
 Charles T. Pollard, and his associates, owners of 
 the Montgomery and West Point Railroad dei)ot 
 wharf, in the city of Montgomery, be and they are 
 hereby entitled to the immunities and privileges of 
 the preceding section of this act. 
 
 ^ Section 6. — And he it further enacted, That noth- tiouof act 
 ing in this act shall be construed as to prejudice the 
 
 3 
 
18 
 
 rights of Francis M. G-ilmer, Jr., and his associ- 
 ates, tontained in the act to incorporate the Plan- 
 ters' wharf and steamboat company, in the town of 
 Montgomery, approved January the sixteenth, eigh- 
 teen hundred and thirty-two. 
 
 Section 7. — And he it further enacted, That all 
 laws in any way contravening this act, or any part 
 thereof, are hereby repealed. 
 
 Approved 13th January, 1846. 
 
 To Amend an Act Incorporating the City of Mont- 
 gomery, Approved 22d December, 1837. 
 
 !Section 1 . — Be it enacted hy the Senate and House of 
 Representatives of the State of Alalama, in Gen- 
 eral Assembly convened — 
 That the City Council of Montgomery be, and is 
 
 hereby empowered, in addition to the powers al- 
 
 Certain jww , , . , -,. 
 
 ers may be ready Conferred by said act, to pass ordmances or 
 by-laws to regulate the erection of wooden build- 
 ings in such parts of said city as in the opinion of 
 the Council the public good may require, and pass 
 ordinances for the punishment of such as may in- 
 jure or deface the public buildings or grounds. 
 Approved, February 26, 1848. 
 
 exercised. 
 
19 
 ^N A^CT 
 
 To authorize Appeals from the Decisions of the 
 Mayor and Aldermen of the city of Montgomei'y. 
 
 Section 1. — Be it enacted by the Senate and House of 
 Bepresentatives of the State of Alabama, in Gen- 
 eral Assembly convened — 
 
 That from and after the passage of tliis Act, an 
 appeal may be Lad to the Circuit Court of Mont- 
 gomery county, upon all judgments rendered by 
 the Mayor and Aldermen of tlie city of Montgome- 
 ry, in like manner and upon the same terms and 
 conditions as now prescribed by law in cases of aj)- 
 peal from decisions of Justices of tlie Peace. 
 
 Approved February lOth, 1852. 
 
 AN ACT 
 
 To amend the City Charter of Montgomery, and 
 for other purposes. 
 
 Section 1. — Be it enacted by the Senate and House of 
 Bepresentatives of the State of Alabama, in Gen- 
 eral Assembly convened — 
 
 That authority is given to tlie city of Montgome- 
 ry to subscribe for five thousand sliares ot the capi- 
 tal stock of the Alabama and Florida Railroad 
 Company, and to issue its bonds, and deliver the 
 same to said Company, according to the provisions 
 of an ordinance of said city, passed by its corporate 
 authorities on the 20th day of June, 1853 ; and the 
 authority to pass such ordinances is hereby legal- 
 ized and confirmed. 
 Section 2. — And be it further enacted, Tliat the 
 
20' 
 
 conditions and limitations imposed by said ordi- 
 nance upon sucli subscription may be cbanged, al- 
 tered, or abrogated by the corporate authorities of 
 said city, with the consent of the Alabama and 
 Florida Railroad Company ; and authority is here- 
 by given to the corporate authorities of said city to 
 pledge any property, or the rents and profits of the 
 same, belonging to said city, to the payment of its 
 bonds issued in payment of said stock, or to levy a 
 special tax on the real estate within the corporate 
 limits of said city to any amount the corporate au- 
 thorities may think proper, to pay the interest on 
 said bonds. 
 
 Approved February 15, 1854. 
 
 A.N A.OT 
 
 To Amend the Charter of the City of Montgomery. 
 
 Section 1. — Be it enacted hy the Senate and House 
 of Representatives of the State of Alabama, in 
 General Assembly convened — 
 
 That the City Council of Montgomery be, and 
 Hmiscf ieilr the same is hereby authorized to extend the unpaid 
 portion of the debt known as the State House debt, 
 created under authority of an Act of the Legisla- 
 ture, approved February 2nd, 1846, either by a 
 renewal of the bonds in the hands of the present 
 liolders, or by the sale of new bonds, in lieu of the 
 old ; said renewed debt to be payable in not less 
 than eight nor more than twelve years from the 
 maturity of the present outstanding bonds, to bear 
 not exceeding eight per cent, interest, and to be 
 negotiated at rate not less than par, and in the 
 
21 
 
 event of the sale of new bonds, the proceeds thereof 
 shall be applied to the payment of such outstand- 
 ing bonds, and no other purpose whatever. 
 
 Section 2. — And he it further enacted, That the 
 income accruing from the Avharves of said city shall 
 be devoted and exclusively applied to the payment 
 of the actual debt of the city hitlierto incurred, and 
 interest thereon, and in addition tlicreto, the said 
 City Council shall liave power to levy and collect 
 an annual tax, not exceeding one-fourth of one per 
 cent., on the value of the real estate of said city, 
 which said tax and wharf income shall be paid to 
 the city Treasurer, to be by him applied to the liqui- 
 dation of said actual city debt hitherto incurred, 
 and interest thereon, and no other purpose Avhatso- 
 ever until the same is fully paid. 
 
 Section 3. — And he it further enacted, That for 
 the ordinary current expenses of said city, the said 
 City Council may levy and collect a tax on real es- 
 tate not exceeding one-half of one per cent, on the 
 cash value thereon, and no more in any one year, 
 and it shall not be lawful for the said City Council 
 of Montgomery to contract any debt, or incur any 
 liability for, on account of said city of Montgomery, 
 which is not to be paid out of the ordinary current 
 revenue of the year in which said debt or liability 
 is contracted or incurred, and any such debt or lia- 
 bility attempted to be contracted or incurred by 
 said City Council in violation of the foregoing pro- 
 visions shall be void as against said city of Mont- 
 gomery. 
 Approved February 15, 1856. 
 
THE CODE 
 
 OF THE 
 
 CITY OF MONTGOMERY 
 
MEMBERS OF THE CORPORATION IN 1861. 
 
 AlVDIi^E^W^ jr. IVOBLE, Mlayor. 
 
 Ward No. 1. Ward No. 4. 
 
 GEORGE M. FIGH, 
 E. A. JANNEY. 
 
 Ward No. 2. 
 WALTER C. JACKSON, 
 A. HOWARD. 
 
 Ward No. 3. 
 HUGH W. WATSON, 
 WM. C. C. FOSTER. 
 
 JOHN P. DICKERSON, 
 THOMAS 0. GLASCOCK. 
 
 Ward No. 5. 
 MARION A. CHISHOLM, 
 WM. A. OGBOURNE. 
 
 Ward No. 6. 
 JOHN ERASER, 
 GEORGE R. SAYRE. 
 
 OFFICERS OF THE CITY FOR 1861. 
 
 City C^er/^— AUGUSTUS UNDERWOOD. 
 
 City rreasMre/-— SAMUEL LACY. 
 
 Chief EiKj. of the Fire Depart .—J AUES P. STOW. 
 
 First Asst. Eng. of the Fire Dcp.— ALEX. R. BEI.L. 
 
 Second Asst. Eng. offheFireJDcjJ.—Ji^O. 13. GARRETT. 
 
 Ihird Asst. Enq. of the Fire Z>qx— FORT HARGROVE, 
 
 Wharfinger— mOYLAlXD FRASIER. 
 
 Clerk of the J/ar/asme— FRANCIS MONFEE. 
 
 Clerk of the iI/a?'A-e^— HUGH McLEAN. 
 
 Marshal— l^AKG G. MAXWELL. 
 
 Deputy Marshal— \N. W. BALL. 
 
 Captain of Po^/cr— THOMAS REED. 
 
 6'ea;<on— NOAH GREGORY. 
 
THE CODE 
 
 OF THE 
 
 CITY OF MONTGOMERY 
 
 CHAPTER I. 
 
 GENERAL PROVISIONS APPLICABLE TO THIS CODE. 
 
 § 1. — Words used in this Code, in the past or Words used 
 
 in this Code 
 
 present tense, include the future as well as the past 
 and present. Words used in the masculine rrender 
 include the feminine and neuter ; the singular in- 
 cludes the plural, and the plural the singular. 
 
 § 2. — The word "property" includes property- 
 real and personal. The words "real property" are fncTu'des 
 co-extensive with lands, tenements, and hcredita- ^^\^ ^^^^ 
 
 ' ' nnd person- 
 
 raents. The words "personal property" include m property, 
 money, goods, chattels, things in action and evi- 
 dences of debt, deeds and conveyances. 
 
 § 3. — The term "negro" includes mulatto, ^, 
 
 •^ o 'The term 
 
 and all persons of mixed blood, descended on the '•nosro- in- 
 
 *■ eludes per- 
 
 part of the father or mother from negro ancestors sons of mix-. 
 
 1 1 • 1 ••I'll ^^ blood, 
 
 to the third generation inclusive, though one ances- descended 
 tor of each generation may have been a white per- amostors. 
 son. 
 
28 
 CHAPTEK II. 
 
 i% 
 
 Any person 
 guilty of a^ 
 affray shall 
 be fined. 
 
 Any person 
 committing 
 ,an affra 
 ji and using 
 stick, shal! 
 be fined, 
 
 Any person 
 using fire- 
 arms, or 
 other dead- 
 f 1 y weapons 
 -^ shall be 
 fined. 
 
 Any person 
 committing 
 an assault 
 and battery. 
 
 An assault 
 Avith a stick 
 o r weapon 
 not likely to 
 cause death 
 
 A n assault 
 with fire- 
 arms or 
 deadly wea- 
 pons. 
 
 An assault 
 and battery 
 upon a 
 slave. 
 
 A n assault 
 uponaslave 
 with deadly 
 weapon. s 
 
 AFFRAYS^ ASSAULT AND BATTERY, ARRESTS, AND APPEALS. 
 
 § 4. — Eveiy person who sh<all be guilty of au 
 affray in whicli neither a stick nor a weapon is used, 
 shall be fined five dollars ; and in default of pay- 
 ment thereof, shall be imprisoned not exceeding 
 twenty days. 
 
 § 5. — Any person committing an affray, and 
 using a stick, or other weapon, shall be fined twenty 
 dollars, and on failing to pay the fine, may be im- 
 irisoned not exceeding thirty days. 
 
 § 6. — Every person using fire-arms, or other 
 deadly weapon in an affray, shall be fined fifty dol- 
 lars, and on failing to pay the fine, shall be impris- 
 oned not exceeding sixty days. 
 
 § 7. — Any person who shall commit an assault 
 and battery upon a white person, shall be fined. not 
 less than five nor more than twenty-five dollars. 
 
 § 8. — Any person who shall commit an assault 
 and battery upon a white person with a stick, or 
 any weapon not likely to cause death, shall be 
 fined not less than twenty, nor more than fifty dol- 
 lars. 
 
 § 9. — Every person who shall commit an assault 
 with firearms, or other deadly weapons, shall be 
 fined fifty dollars. 
 
 § 10. — Any person who shall commit an assault 
 and battery upon a slave, within the limits of the 
 city, shall, upon the complaint of the master, his 
 agent, or any one controlling sucli slave, be fined 
 not more than ten dollars. 
 
 § 11. — Any person who shall commit an assault 
 upon a slave, with a deadly weapon, shall be fined 
 not less than twenty, nor more than fifty dollars. 
 
29 
 
 A. ■ 1 a V© 
 
 § 12. A slave, who shall commit an assault or ^omralttins 
 an assault and battery upon a white person, shall »» assault 
 be punished by any number of stripes not exceed- -white per- 
 
 son. 
 
 ing one hundred. 
 
 § IH. — A slave, who shall commit an assault and gaiuy.ofan 
 
 battery on a slave or free negro, shall upon convic- o,^^^a ^siave 
 
 tion before the Mayor or an Alderman, receive not <"" ^'■®® "^' 
 
 •^ ' gro. 
 
 exceeding fifty stripes. 
 
 A free negro 
 
 § 14. — Any free negro, who shall commit an who shall 
 assault and battery upon a slave, shall be fined ten assault and 
 dollars, or be punished by any number of stripes, „„ r^siavo 
 not exceeding fifty, according to the discretion of ^^[",,1,0 ^''or 
 the Mayor or Alderman, before whom the case may ''"^*^- 
 be tried. 
 
 § 15.' — Any free negro, committing an assault assaiTitl'^n^g 
 and battery upon a free negro, shall be fined ten a'free^negJo^ 
 dollars, and if the assault be made with a deadly 
 weapon, such free negro shall be fined not less than 
 twenty, nor more than fifty dollars, and in default 
 of the payment thereof, shall receive not exceeding 
 one hundred stripes. 
 
 § 16. — Any free negro, committing an assault upon a white 
 and battery upon a white person shall be punished Free^negro ^ 
 by any number of stripes not exceeding one hun- 
 dred. 
 
 § 1*7. — On the trial of a person for an assault Evidence of 
 and battery, or an aftray, he or she may prove any w^'o^ds m a"y 
 opprobrious language or abusive epithets, used by »^tr1aiforan 
 the person assaulted or beaten, at or near the time ^''^ayor an 
 
 ■^ ' assault and 
 
 of the assault and battery or afi'ray, in justification battery, 
 of his or her conduct ; and the proof of abusive 
 language being uttered, may or may not be a de- 
 fence to the charge, according to the judgment of the 
 Mayor or Alderman by whom the case may be tried. 
 
 § 18. — Any person arrested by the Marshal or p«r«oni 
 policeman for the violation of an ordinance of the Jfa'au" b« tt*^ 
 
3« 
 
 ken btfore 
 the May- 
 or for trial. 
 
 May give 
 bond condi- 
 tioned to ap- 
 pear before 
 the Mayor 
 at a specifi- 
 ed time. 
 
 A person 
 fail i n g t o 
 give bond 
 shall be im- 
 prisoned un- 
 til a trial 
 can be had. 
 
 A n appeal 
 may be ta- 
 ken from 
 the decision 
 of the May- 
 or or an Al- 
 derman to 
 the City 
 Council. 
 
 city, shall be taken forthwith before the Mayor or 
 an Alderman for trial, unless the arrest be made 
 at a time when a trial cannot be had. In such a 
 case the officer shall allow the person arrested a 
 reasonable time to give a bond with sufficient sure- 
 ties for not less than one hundred, nor more than 
 two hundred dollars, conditioned for his or her ap- 
 pearance before the Mayor at a specified time, and 
 for the pf.yment of all fines and costs, which may 
 be imposed. 
 
 § 19. — Any person, p.rrested for a violation 
 of an o:'d:!nf.nc3 of the city, who shall fail to give 
 the bond abcve described, shall be imprisoned in the 
 guard-house nntil he or she can be brought before 
 the Mayor or r,n Alderman for trial. 
 
 § 20. — Ar.y person fined or imprisoned by the 
 Mayor or aa Alderman, may appeal to the City 
 Council, but siich person if required by the Mayor 
 or Alderman shall give a bond with sureties for 
 twice i:i3 air-cunt of fine and costs, conditioned to 
 pay the fine Lnd costs, which may be imposed ac- 
 cording to Viie ordinances of the city. 
 
 CHAPTER III. 
 
 ANIMALS RUNNING AT LARGE IN THE CITY — HORSES, 
 I.':ULES, CATTLE, HOGS AND DOGS. 
 
 ^^nriira? § 21.— /.il cattle, running at large withinthefire 
 b'e'feized''" ^^*^-*^^ '^^ ^^'^ ^^*"3^' between the fifteenth day of Oc- 
 tober, and the fifteenth day of March, shall be 
 seized Lnd sold. 
 
 T h e M a r- 
 
 shai tako § 22. — The Marshal shall take up and confine 
 running at all Cattle SO running at large in the city, and shall 
 
31 
 
 advertise them forthwith at the door of the Court- '^'"g** a^a 
 
 ^ ' adTertise 
 
 House, at the Post-Oftice, and at ths li'arket-House, them for 
 for ten successive days ; such advertisement shall 
 fully describe the brand, mark, and general appear- 
 ance of the cattle, and shall sta':e the time and 
 place of sale. If the cattle advei'visec'., are not 
 claimed before the expiration cf tea cays, or at the 
 time of sale, the Marshal shall sell them singly to 
 the highest bidder, for cash, p,nd account to the 
 City Council for the money. 
 
 § 23. — Every officer of the city, who shall No officer of 
 bid or be directly or indirecty interested in any pur- bid*^at^such 
 chase, made at such sale, shall be lined on convic- ^^ °' 
 tion before the Mayor or any Alderman in the sum 
 of twenty-five dollars. 
 
 § 24. — The owner or the owner's agent, who The owner 
 may claim the cattle, taken up under this ordi- ^ayreTe^ve 
 nance, upon the payment of fifty cents upon each ^^^*^™ "p*^"^ 
 liead for the use of the city, and twenty-five cents cents. 
 fjr each head, for every day they were fed by the 
 city, shall receive the cattle from the City Mar- 
 shal. 
 
 § 25. — The refusal or failuie of the Marshal The Mar- 
 to deliver the cattle upon the compliance of the sinRtodeiiv- 
 owncr or his agent, with this ordinance^ shall be gh^n^'b* 
 punished by a fine of not less than ten nor more i'"n'siied. 
 than fifty dollars. 
 
 § 26. No owner of hogs, shall permit them iio?^ shall 
 
 to run at large within the limits of the city, under largo in the 
 
 city* 
 
 the penalty of having them seized and sold, 
 
 § 27.— The Marshal shall take up and confine I^^^Xllx 
 hocrs, running at large, and forthwitli advertise takcuphogs 
 
 ~ ' o '-' ' running a t 
 
 them at the Post-Officc, and at the Market-House, large and 
 
 ad ve r tiae 
 
 for six successive days, describing the marks and them. 
 
 ,. , , , i^- • ii i- ^f any per- 
 
 appearance ot the hogs, and mentioning the time son c i a i m 
 
32 
 
 th«m they 
 ■hall be sold 
 to the high- 
 est bidder 
 for cash. 
 
 „Any ofiicer 
 biddius;, or 
 being inter- 
 ested in the 
 purchase of 
 hogs shall 
 be fined. 
 
 The Mar- 
 shal shall 
 deliver the 
 hogs to the 
 owner or his 
 agent. 
 
 The Mar- 
 shal shall 
 take up a 
 horse or 
 mule run- 
 ning at 
 large. 
 
 After a no- 
 tice of ten 
 days the 
 horse or 
 mule shall 
 be sold. 
 
 Any person 
 proving 
 owners h i p 
 of horse or 
 mule shall 
 receive it. 
 
 The owner 
 proving ti- 
 tle to any 
 horse or 
 mule sold 
 by the Mar 
 shal, shall 
 receive jiro 
 e e d s of 
 sale. 
 
 and place of sale, and if no person shall claim the 
 hogs, the Marshal shall sell them in suitable lots 
 to the highest bidder for cash, and account to the 
 City Council for the money. 
 
 § 28. — Any officer of the city, who shall bid 
 or be directly or indirectly interested in any pur- 
 chase made at such sale, shall be fined^ on convic- 
 tion before the Mayor or an Alderman in the sum 
 of twenty-five dollars. 
 
 § 29. — The Marshal, upon the payment by the 
 owner or his agent of one dollar for each hog 
 claimed, shall deliver the hog or hogs to the owner 
 or his agent, and shall pay the money so collected to 
 the City Treasurer. 
 
 § 30. — The Marshal shall take up and confine 
 in a livery stable, any horse or mule, running at 
 large in the city, and immediately post an adver- 
 tisement at the door of the Court-House, Post-Office 
 and Market, containing a discription of the animal 
 and stating the time and place 'of sale, and shall 
 notify the owner if known. 
 
 § 31. — The Marshal, after giving notice for 
 ten successive days as aforesaid, shall sell the horse 
 or mule at the time and place appointed to the high- 
 est bidder for cash. 
 
 § 32. — Any person claiming such property 
 before or at the time of sale, upon proof of owner- 
 ship, and the payment of one dollar to the City 
 Treasurer^ and all reasonable charges for the sup- 
 port of the animal, shall receive it from the Mar- 
 shal. 
 
 § 33. — Any owner, who shall prove his title 
 to any horse or mule within one year from the sale 
 thereof, shall receive from the City Treasury, the 
 amount of money paid in as the proceeds of such 
 sale. 
 
38 
 
 § 34. — The City Marshal shall procuiv; noat 
 and cheap dog collars, Avhich he shall sell to any 
 white person, applying to him for such a collar at 
 the price which was paid for it, and the Marshal 
 shall mark the number of the collar upon it, and 
 register the name of the purchaser, for which he 
 shall he j)aid ten cents. 
 
 § 35. — Nothing in the preceding section shall 
 he so construed as to })revent the owner of a dog 
 obtaining a collar elsewhere, Avhich shall be num- 
 bered, and the name of the owner registered by the 
 Marshal in the usual way, upon the receipt of ten 
 cents. 
 
 § 36.— The Marshal shall kill every dog Avith- 
 out a collar regularly numbered, wdiich may be run- 
 ning in the streets, unless it be under the manage- 
 ment or control of some person at the time. 
 
 § 37. — The Marshal shall not sell, give, nor in 
 any manner dispose of a dog collar to a slaA-e or 
 free negro, and any white person purchasing a col- 
 lar for, or giving, selling, or bartering a collar to a 
 slave or free negro, shall be fined ten dollars. 
 
 § 38. — Every slave who shall keep a dog in 
 the city, shall receive any number of stripes not ex- 
 ceeding thirty-nine, unless the owner of the slave 
 will pay a fine of five dollars. 
 
 § 39. — Every free negro who shall keep a dog 
 on his or her premises, or under his or her control 
 in the city, without a license from the Mayor, shall 
 be fined five dollars. 
 
 The City 
 Mars h a 1 
 shall pro- 
 cure d o j; 
 collars, and 
 sicll them to 
 any ■whitf 
 jiorsoii. &r. 
 
 Nothiii;:; in 
 forogo i n u; 
 section shall 
 pr e V e n t » 
 person fur- 
 xii shins: ;' 
 collar. &c. 
 
 Any <l o g 
 running in 
 the street 
 aloue with- 
 out a collar 
 shall he kill 
 cd. 
 
 The Mar- 
 shal shall 
 not sell or 
 give a dog 
 collar to a 
 slave or free 
 negro. 
 
 A Slav c 
 keeping a 
 dog shall 1)0 
 w h i pij)od . 
 unless ti)c 
 owner will 
 pay a fine. 
 
 Every free 
 negro keep- 
 ing a dog 
 without a li- 
 ocnso ?hnll 
 o(» fined. 
 
34 
 CHAPTER IV. 
 
 ARTESIAN AVELLS AXD BASIX BATHING IN ARTESIAN 
 
 BASIN OR RIVER, 
 
 Noj^crsuai ^ ^-^- — ^^^"^^7 persoii who shall wash a buggy, 
 shall wash carriao'e, omnibus, or other vehicle, or Avash any 
 
 any veliicle 07; ; j 
 
 or animal animal in the streets of the city within fiftv feet ol 
 
 near the ar- 
 tesian wells the artesian wells, shall be fined fi^^e dollars. 
 
 ■^hau^throw § ^~- — ^'^''^^T person who shall throw any- 
 anythingin thiuiT iiito the artesian basiu, in court sciuare, or 
 
 the artesion _ -^ » 
 
 basin, Ac. injure the artesian wells in any manner, shall be 
 fined five dollars for the first offence, and ten dol- 
 lars for every subsequent offence. 
 No])ersoii § 43. — Every person Avho shall bathe in the 
 in"the bashi "-rtesiau basin at any time, or in the river within 
 orintheriv ^^y^ jiunclred yards of the wliarves or ferries in the 
 
 er w 1 1 h 1 n '' 
 
 certain lim- limits of the citv, between sun>»'se and dark, shall 
 
 Its. - ' ' 
 
 be fined not more than five dollars. 
 Slaves via- § 44. — Every slave wlio sliall violate any sec- 
 
 lating sec- , ^ . . , ^ . 
 
 tions of this tioii 01 this chapter shall receive not exceeding thir- 
 ished. ty-nine stripes^ unless his or her master or employer 
 
 will pay a fine of five dollars. 
 Free uegru § 45, — Any free negro wlio shall violate the 
 the forego'^ foregoing sections shall receive not exceeding fifty 
 fi'ned^or i'm- h^shes, or be fined not more than ten dollars, accor- 
 prisoned. Jing to the discretion of tlie Mayor or Aldermen, 
 
 before whom the accused mav be carried. 
 
 CHAPTER V. 
 
 • BARBERS. 
 
 Barbers , n a t • -r>i 
 
 sliall not § 46. — Any person keeping open a ijarber 
 iif'tordoven shop on the iSabbatli, after* eleven o'clock, A. M., 
 "'"'""'^'- shall be fined ten dollars. 
 
35 
 
 CHAPTER. VI. 
 
 r.URnLAKY AND LARCENY. 
 
 J* C I* S II .s 
 
 § 47. — Every person who sliall be convicted ''ommittimr 
 
 of Lurgltary or larceny sliull lie fined not less than i a i- c env 
 
 five nor more fifty doHar.s. ^I;;*'^ ''" ^"- 
 
 § 48. — Every slave, or free negro, who shall slaves or 
 
 commit hurglary or larceny, shall receive not ex- s„iit,yof 
 
 ceeding fifty lashes on the hare hack. larcenyfic'. 
 
 § 49. — Any person who shall buy, receive, or •'•"'•i^ons con 
 
 1 T 1 • sealing or 
 
 conceal chattels or merchandise, knowing that the i-uyins sto- 
 
 same had been stolen, shall be fined not less than shaii1>o nn. 
 /'T five nor more than fifty dollars ; and any slave or 
 free negro violating this section, shall receive not 
 exceeding fifty stripes. 
 
 § 50. — Every person who shall obtain money -^ person 
 
 T 1 /• 1 • obtaining 
 
 or goods under lalse pretences, or practise a fraud soods or 
 
 : '^-'upon another, shall be fined not less than five nor <Tcr''Vai"V 
 
 more than fifty dollars. rlup.V " 
 
 CHAPTER VII. 
 
 CABS, CARRIAOES, HACKS AND OMNIBUSES, CARTS, DRAY.-^ 
 
 AND WAGONS. * 
 
 :§ 51. — The owner of a cab, cajria<jfe, or hack, .,, ^/C/i>^i^ 
 
 , ' -^ ' 111,. n\vn<»i- C/A^* 
 
 kept for hire, shall pay, annually, twenty-five (hd- ^r any cab /i^m^ (^^ 
 
 lars for a license for each vehicle ; any person fail- I'miat pro /t 
 
 ing to do so, shall be fined ten dollars,' and five dol- '''"■•" ''''■''""'' 
 
 lars thereafter for every day this section shall be ivnaiiv; 
 violated. 
 
 § 52.— No license shall bo i.ssued to any per- JantforTi!' 
 
 son to run a carriage, hack, dray, wagon, or other ^^",«<' "''•''',' 
 vehicle for hire, unless the applicant shall make 
 and subscribe an oath that the vehicle for which a ivoUiuiii. 
 
/ 
 
 The Clerk 
 must regis- 
 ter lieeflse. 
 No license 
 transferable 
 without eon 
 sent of the 
 Council. 
 
 Peualtv. 
 
 ^. 
 
 The lamps 
 of ail public 
 vehicles 
 must have 
 the number 
 of the vehi- 
 cle painted 
 on them, 
 and must be 
 1 i g h t e d 
 from dark 
 till morning 
 
 The rates 
 which hack 
 men may be 
 allowed to 
 charge. 
 
 One dollar 
 an hour for 
 the use of 
 the vehicle 
 may be 
 charged. 
 
 Persons re- 
 f using to 
 pay the dri- 
 
 license is desired, shall be used for his sole and ex- 
 clusive benefit, so long as the license remains in his 
 name, and if transferred by order of the City Coun- 
 cil to another person, the transferree shall make 
 and subscribe to the same oath. 
 
 § 53. — The Clerk of the city shall register the 
 name of the owner of a licensed vehicle, the place 
 of his residence,, and the number of the license ; 
 and no license shall be transferred without the con- 
 sent of the City Council ; and any person violating 
 this section shall be fined not less than five nor 
 more than twenty dollars. 
 
 § 54. — The owner of a public vehicle, shall 
 have its number painted on its lamps, in figures 
 not less than three inches long, so as to be easily 
 seen, and while on the streets, the lamps of such 
 vehicles must be lighted from dusk until morning ; 
 and any person failing to do so, shall be fined ten 
 dollars, and five dollars for each day thereafter the 
 owner shall violate this section. 
 
 § 55. — Hackmen shall not charge for their 
 services more than the following rates, viz : For 
 carrying a passenger to any place within the city, 
 twenty-five cents ; for a passenger with baggage, 
 not exceeding one hundred pounds in weight, fifty 
 cents, and for each additional package, ten cents. 
 After ten o'clock at night, the rates above mention- 
 ed may be doubled, except against passengers to 
 and from railroad depots, and steamboat landings. 
 
 § 56. — The owner or driver of a licensed ve- 
 hicle, notwithstanding the rates above mentioned, 
 m,ay, upon agreement, charge the person one dollar 
 an hour for the use of the whole vehicle. 
 
 § 57. — Any person refusing to pay the owner 
 or driver the foregoing rates for services rendered, 
 
37 
 
 shall be fined not less than two nor more than five 
 dollars. 
 
 § 58. — Any white driver, who shall charge 
 more than the established rates shall be fined 
 ten dollars, to be collected from the driver, owner^ 
 or agent of the vehicle ; and any slave or free negro, 
 who shall charge more than the foregoing rates 
 shall receive not exceeding thirty-nine lashes in 
 addition" to the fine imposed. 
 
 § 59. — Any owner, agent, or driver of a li- 
 censed vehicle, who shall refuse to carry persons 
 according to the provisions of this ordinance shall 
 be fined not less than five, nor more than fifteen 
 dollars , and if tlie driver be a slave or free negro, 
 he shall, receive not exceeding thirty-nine stripes, 
 in addition to the fine imposed on such owner or 
 agent. 
 
 § 60. — Every person who shall hire a horse 
 or vehicle of any kind to a slave or free negro with- 
 out a written permission from the owner, or over- 
 seer of the slave, or from the guardian of the free 
 negro, or shall permit such slave or free negro to 
 ride in any vehicle shall be fined ten dollars ; and 
 if the driver of the licensed vehicle so hired or 
 used, be a slave or free negro, he shall receive not 
 more than thirty-nine stripes in addition to the 
 fine imposed on the owner or agent of the vehicle. 
 
 § 61. — The owner or driver of a licensed ve- 
 hicle, who shall keep it on the streets in front 
 of a dwelling or store, against the consent of the 
 owner or occupant thereof, shall be fined not less 
 than five, nor more than twenty dollars, and if the 
 driver be a slave or free negro he shall receive not 
 exceeding thirty-nine stripes. 
 
 § C2. — Every driver of a licensed vehicle, who 
 shall quarrel or be guilty of noisy and disorderly 
 
 ver shall be 
 fined. 
 
 A white dri- 
 ver charg- 
 ing more 
 than above 
 rates to be 
 fined, and a 
 negro d ri- 
 ver flogged. 
 
 Any driver 
 refusing t o 
 carry p as- 
 sengers, fin- 
 ed, if a ne- 
 gro driver, 
 lie shall be 
 Hogged. 
 
 Any person 
 hi ring a 
 horse or ve- 
 hicle to a 
 slave with- 
 out permis- 
 sion shall be 
 fined. 
 
 N o driver 
 shall keep 
 his vehicle 
 on the street 
 in front of a 
 house aga'st 
 the consent 
 of the occu- 
 pant. 
 
 Any driver 
 guilty of dis- 
 orderly con- 
 
38 
 
 duct, or dri- coDcluct ' Or wlio shall drivG against or interfere 
 
 ving agai'st . i . i • n n i ^ 
 
 other vehi- with otlier vehicles or animals, shall be fined not 
 cd. less than five, nor more than twenty dollars ; and 
 
 if such driver be a slave or free negro, he shall also 
 receive not more than thirty-nine lashes. 
 of^'ifc'eS § 63.— Every driver of a public vehicle, who 
 vehicles sliall block UD a street or thorou^^hfare, or who 
 
 shall not ^ f.i. ^ • i 
 
 ohstructthe shall Icavo the seat of his vehicle, or be distant 
 leave' their from his horscs heads more than ten feet unless en- 
 horses, Ac. gaged in receiving or delivering baggage, for 
 which purpose he may go a reasonable distance, and 
 be gone a reasonable length of time, shall be fined 
 not less than five, nor more than twenty dollars, 
 and if he be a slave or free negro, he shall receive 
 not exceeding thirty-nine lashes, in addition to the 
 fine imposed on the owner or agent. 
 Drivers shall § 64. — Evcry owner or driver of a licensed vehi- 
 
 uot mil nor 
 
 drive at a cle, wlio sliall lace or drive at a speed dangerous 
 
 speed dan- 
 gerous to to persons on the streets, shall be fined not less 
 
 the citizen's, than ten, nor more than fifty dollars, and if the 
 driver be a slave or free negro, he shall receive not 
 exceeding thirty-nine stripes in addition to the fine 
 imposed on the owner or agent. 
 
 Drivers of § 65. — Every driver of a public vehicle, who, 
 
 public vehi- . i • i /> 
 
 cies meet- meeting other vehicles of any kind, shall neglect 
 must drive to drivc ou the right side of the street or thorough- 
 to the right, ^^^,g^ ^.f .^ ^g possible to do so,) shall ^be fined five 
 
 dollars, and any slave or free negro violating this 
 section shall receive not more than twenty lashes. 
 
 § 66. — Every driver of a public vehicle, who 
 shall fail to stop instantly when hailed by the Mar- 
 shal or a policeman, shall be fined five dollars i' and 
 if he be a slave or free negro he shall receive not 
 exceeding thirty-nine stripes. ) 
 
 § 67. — Every owner or driver of a public vehicle^ 
 who shall nes;lect to have the sections of this Code 
 
 All dri 
 
 Ters 
 
 upon b 
 hailedi 
 
 fing 
 by a 
 
 police I 
 
 aan 
 
 must s\ 
 
 '.t p 
 
 instantly. " 
 
 Sections 
 
 numbe 
 
 red 
 
 must 
 
 be 
 
ii!i!iAl)oreil litty-Jivo. fi!ty-six, ii(\v-.sov('n, * fii'ly- 
 oiglit, ami ilt't-.y-nine, Inin;^-!!]) in some conspicuous 
 ]ihice inside his vcliicic fit all timc^ wlioii in n'<'\ 
 shall bt? fined ten doll.'irs. 
 
 5 dS. — The owner u! ;i iiublie omnibus, shall 
 pay one hundred dollars ibr a license for eacli oniiii- 
 hus, drawn by four horses, and fifty dollars for a li- 
 cense for each omnibus, drawn by two horses; and the 
 owners and drivers shall lie governed by the same 
 rules, and be subject to the same penalties a3 the 
 owners mh.I drivi'r< of lici'nsrd can !a."Ts. cabs, and 
 hack^ 
 
 § 0'.».— The City Olerk siuiU have ihis chapter of 
 the City Code printed in a pamphlet form, and 
 shall furnish-a copy of it ti> every owner or aj^ent 
 oi' any licensed vehicle.^ 
 
 § TO. — Every person who shall run a dray, cart, 
 wagon, or other vehicle of like kind, without ob- 
 taining a license, for v.bich twenty dollars shall be 
 juiid, if the vehicle be drawn by not more tlian two 
 animals, or thirty dollars if it bo drawn by three, 
 and forty dollars if it be drav>n by four animals, 
 shall hi- nil.',! ten dollars. 
 
 i 1 . City Clerk, upon receiving the addi- 
 
 tional .sum of t^vriity cents, shall furnish the appli- 
 cant witji the number of the license granted, .stamp- 
 ed or M int^d . n 1i:i. which shall be fastened in a 
 
 11 s; the vehicle licensed ; and any 
 
 dray, ( i; t, -wagon or vehicle of like kind not having 
 in its number aflixcd to it. shall Ir- considered •:; ' 
 
 diceiiscl. 
 
 d dray, cart, or 
 wagou wluLsc driver siiall refuse without a bufficicnt 
 excuse, b;jtween the hours of sunrise and sunset, to 
 carry a load to any part of the city, shall bo fined 
 
 uol m 'Ve 1h.:M \r-\ (hdlars. 
 
 Jiiing up ill 
 tlw. voliiol.% 
 
 'J"!io o\vin.i> 
 (if omiiibua- 
 ■csmnstp.iy 
 (or. licenst- 
 and be gov 
 r n d by 
 .'•ame rules 
 ns liccnsf.l 
 hnolv-s. .to. 
 
 Tliisi'Iia'tdr 
 111 u 3 t h (• 
 printed fo r 
 owners of 
 
 Draya, curt.-, 
 and wagon < 
 m u 8 t b '• 
 lioor.fed 
 
 f 
 
 
 The Cicriv 
 must sloni]> 
 Ihc number 
 of 11 c c n SI' 
 wliicli niui?! 
 bo fasfcnod 
 (o vohii'I. . 
 
 Any driver 
 rcfilsing t o 
 carry load 
 
 fliftll I.o Til- 
 ed. 
 
-10 
 Whiit arti s 7o.--r]io ibllowiii^jr tii'ticlcs or their cMiuivalent. 
 
 clcs shall 
 
 constitute n f?hall be considered a full load, viz : five hundred 
 feet of lumber, or one hogshead of sugar, molasses, 
 tobacco, coffee, rice or liquor ; four barrels of li(i[uor 
 or provisions, three barrels of molasses, six sacks of 
 NouucshiiU salt or auv other article not exceeding twelve hun- 
 than forty drod pouuds ; and any person hauling a load in a 
 licensed vehicle of any kind to any part o\' the city. 
 Avho shall charge lucre than forty cjnts for sue]! ser- 
 vice, shall be fined iive dollars. 
 Ml licLii^e-^ § 7'1.--A11 licenses, granted to the owners of 
 on first, (lay c.irts, dravs, wagous. or other vehicles,, ot the kind, 
 <'noii'yonr.'^ , shall cxpirc ou thc first day of Marcii of each year. 
 But the City Clerk may issue such a license at any 
 time, and cluu'ge at the rate above stated. 
 
 § To. — Everv white driver of a cart, dray, or 
 
 lari?, bus- wagon, who shall drive faster than a walk, in any 
 
 fast, f.'rhid- of the strccts of thc city shall be fined five dollars, 
 
 and any slave or free negro violating this section, 
 
 sitall receive not exceeding thirty-nine lashes. 
 
 itiaiji-.r J. yjQ — Everv person who shall ride or drive 
 
 driving any •' • . i 
 
 vehicle fas- through tljc strccts or public grounds o( the citv at 
 
 t e r t h a n ° . . 
 
 eigiit iriih^s ;i, gait llister tiian eiglit miles and houi', unless lie 1)e 
 a physician or going fbr a physician, shall on con- 
 viction before thc Mayor or an Alderman, be iincil 
 iive dollars for the first, «,)id ten dollars fur each 
 subsequent offence. 
 
 iiti hour. 
 
 ClIATTEH VI 1 1. 
 
 ri'.METEKY A\]) SKXTOX, 
 
 .vil ijer£ou:i § T7. — Any person who shall bury a corpse with- 
 
 ?h"e°'city in the limits of the city, except in the cemetery, 
 
 inustbcbu- r^^^^ under the superintendence of the sexton, shall 
 
 ncd in thc , ^ 
 
 -rnvo yard. l)o fmcd twciltv dollars. 
 
II 
 
 jj T<>. — Kvcrv iicrson \v!io shall iniiuc or dostrov ^'> i"^'.-"" 
 
 ' * ^ ^ " must injuii- 
 
 I he fence ov gates of the <;'rave A'ard, or tlie tomhs, or dcstroy 
 
 tlie fence of 
 
 ]ao!iUinents, or any .strmtiiro orectcd to enclose or die Ccmcto- 
 
 mark :i i^raNc. sliall Ik» lined not exccnlin!:: lift v dol- ..»• m o n u- 
 
 Jars. . ' "■^"•" 
 
 !^ T'.'.^-Hverv neison who shall hieak. rut. diir '^"l"- ^"<;t!»J< 
 
 ■' ' •■ . / o or broakiuir 
 
 n[), or destroy a tree, sliruh, or flower, upon anv «f-'^"yflow- 
 
 ' _ _ ^ " cr or slirul) 
 
 hit in the linr^'ing gronnd, nnless it lu' owned hy roi-iii'Mon. 
 
 snch porson. sliall ho fin(>i] not exc-'^eding lifty ilol- 
 
 iars. 
 
 § 80. — Any slave or tVcc nogm. wlio shall violate j- ,• c o nco-v'. 
 
 'ither of the preceding soetions. shall reeoivo not I iJ c Voi-e'^o^- 
 
 less than fiftv stripes. ;"S seoiim,- 
 
 § 81. — Any person who shall enclose a lot in the No per-oH 
 
 11 J. /> ii 1 •,! . . Ill u s t n- 
 
 •ild part ol tlie grave yard, without the perniission dosoa loi 
 
 of the City Council, or in the new part without pavc^ yar'.i 
 
 having purchased it from the City Connoil, shall ;'itS. I,!';:' 
 he fined twenty dollars. 
 
 <i 82. — The City Council shall anunallv tket a ..-i ,. • ■ 
 
 '•ity Sexton, wlio sliall hold his ofnce for the term <'o" nci'i 
 
 „' shall elect a 
 
 '>l one yeai'. scxton. 
 
 § So. — The Sexton shall keep a map of (he burv- '"'"^ sexii.u 
 
 ing gr(»nnd and a hook, containing the name of nup of thv 
 
 very person interre<l, the platx' of nativity, the age, Jron'n'a 'an.f 
 
 I he late residence, and th(\liine of residence in the \\''o"!]!:Z."S 
 
 -ity. and tlie cause (d ihe <leath of the deceased. 
 
 ^ SI. -The Scxton shall make an alphahetieai "• >'M'"' 
 
 index to the hook, an<l shall, without charge, ex- (ho i.ook i.. 
 
 hihit the hook and map to any iterson ai)}dying to ""^ .i ' pin-",', 
 
 him, and shall, upon the request of such ])er.Mm, ","v,. a" ' 
 point (»ut any gra\e in the Cemetery. 
 
 § 85. — The Sexlon shall dig, or su[)erintend the '"'"' •"^"•M"" 
 
 digging, «d" all graves, which must lionet less than ?nten«i ti/. 
 
 live feet in de^tth, an 1 inlei- nil corpses carried to .iiflrnv.-'. ' 
 the ci(\' ijravo-vard. 
 
4-2 
 
 The t;cxio;i ^ S(;_ — The feextoii sliall kcL'p the groiiiuls iu guod 
 
 shall keep j. ,r • /« . • ' i ■ ;j^. , » it .' ^ .■:'■'• 'i i 
 
 the grounds nvder, and the fence in such conaitiOD as to cxcnulc 
 
 ('/evf"'"' all stock : an-l shall o))on ami close tnc c^afos v,lion 
 
 uec/ssai'v. ■ - !'> 
 
 Tho Sexton R 8Y.— The Sexton shall ixijorVSnbntTilv in Hie 
 
 must make '' . ,^ ■*• ,^, 
 
 a monthly (-jjfy O-umcJl tho ntTnily6l''i)r 'Tn#rii-i<^n'ts i»V 
 
 hini. 
 
 shall re- ^ ^ . c. 1 ^' • 
 
 (■civc com- jmd interment of cva adult, the Sexton shall receive 
 
 pensation ^■' ,i .1 r, • » i 
 
 lor superin- tlirce dollars, and lor a person under twelve years 
 
 len (1 i n s< a „ i i j^ j i • - 
 
 burial. " ot age, oiio Jjalt this amount. 
 
 .Vpaaper. ' § 89.-^Tho Sexton shall nothurya i.auj-.. , .^i.r.\, 
 
 iie«i?)°sban or fiee^n<?gr<5, in the new part 1 of the' gfaVe yjti'd, 
 
 notbeluri- exceijt on tlio margin and extreme 'Iforth sicte of 
 
 a in the ^ '^ . ,,•..,., I 
 
 isewpart o! the onclosiirc. ar,d;ili strangers/ li:otXwnirig'"l'oT.s, 
 yar<i, .?.•. shall Uc interred only on t'.c lots included between 
 the nnmhers one hundreil and I'urty-fnur and one 
 Tho ftcxioii iiundred and sixty-five. 
 
 uioJdinlS § 90.— The Sexton, ncgkcUng or reiu.ing toper- 
 CC3 or neg- foj-m ^i^y dutics pi'oscrihed, or violating the preced- 
 
 lectingduty " ' , j . o i 
 
 shall bofirt- ing sections in anv raanner, shall ho -fined ten dol' 
 
 odor (Up - , . . • ,, - ■/ 1 
 
 miss.-.,]. Jars, or disni! -■(:■! liiw! i:::!,-. aimed 
 
 and dismissed, according to the. tli- 1 >A' tho 
 
 .,..,^ , . ■/• ' '..- -S ] ' '.s\t 
 
 Upyli Liic re- ( 1 •" ' ' ."'ifi I 
 
 fiignation or ( iw '■•>. ^ '■'•. '.■!'■.''; y^'^' 
 
 removal of " ' _, ' the, l'eni()\ -^ ' ' ' 1'0> I'iUation 01 tlLO 
 
 ;l Soxtou he ^, , '-, ■■' I '/ , 
 
 must deliv- Noxion . or tac ;tpj)Ointm':;r ...le 
 
 books, Ac., ■ ^hall deliver t:^ i::- .1 uuip o^^^.tli^e 
 
 hurvjug gr( 
 interments. 
 
 io Mnyr.r. lj;[;-yj!vj; o^roimdand tlie booic- r •;,,-- ; ;■ Hie list of 
 
 ( JiAi'Thii J-\. 
 
 (Jhimii ey s 
 shall not be 
 b u r 11 t a f 
 
 § 92. — Every owiiei' nr uccupaut of a Jiousc. whj> 
 all burn its chimncvs between tne' hours of ."i 
 
 sliall 
 
43 
 
 o'clock, P. M., and 9 o'clock, A. M., unless it be 
 raining at the time, shall be fined five dollars for 
 each offence. 
 
 § 93. — All chimneys, stoves, furnaces, or other 
 fire-places, on any premises liable to burn and en- 
 danger the property adjoining, are hereby declared 
 to be nuisances ; and the owner or lessee of the 
 premises shall repair or remove such chimney, stove, 
 or furnace, according to the direction of the City 
 Council. 
 
 § 94. — Any person neglecting, beyond a reasona- 
 ble time, to comply with the order of the City 
 Council, shall be fined ten dollars for each day such 
 nuisance may continue. 
 
 nightexcppt 
 it be rainiug 
 
 All chim- 
 neys, stoves 
 <tc., liable 
 to burn and 
 en d an ger 
 property 
 are nnisan- 
 ccs. 
 
 Any person 
 n eg lecting 
 to abate the 
 nuisance <to 
 fined. 
 
 CHAPTER X. 
 
 CITY CLERK. 
 
 § 95. — Before the City Clerk enters upon the du- 
 ties of his office, he shall make the following oath, 
 
 or affirmation, viz : '' I, , will well and 
 
 truly perform all the duties of Clerk of the City 
 Council of Montgomery, to the best of my skill 
 and ability, so help me God." He shall also give 
 bond, with sureties, for such sum as the City 
 Council may from time to time direct and approve. 
 
 § 96. — The City Clerk shall attend every meet- 
 ing and keep the minutes of its proceedings ; he 
 shall record in a book all transcripts, accounts of 
 officers, instruments of writing, contracts or re- 
 ports, which may be ordered by the City Council to 
 be recorded ; and shall take charge of and j)reserve 
 the books, papers, and records belonging to the 
 city. 
 
 The City 
 Clerk must 
 make oath 
 before enter 
 i ng upon 
 discharge of 
 his duty. 
 
 Clerk shall 
 attend meet 
 ings of City 
 Council 
 keep min- 
 utes records 
 transcripts, 
 Ac. 
 
44 
 
 Clerk shall 
 issue every 
 s n m m n s 
 and process. 
 
 Clerk shall 
 issue war- 
 rants upon 
 the Treasu- 
 ry. 
 
 The Clerk 
 shall keep a 
 set of books. 
 
 The Clerk 
 shall deliv- 
 er to the Ci- 
 ty Treasur- 
 er the mon- 
 ey in his 
 possession. 
 
 The Clerk 
 shall render 
 an account 
 to the City 
 Council. 
 
 § 97. — The Clerk shall issue every summons and 
 process which may be required of him, for the just 
 execution of the laws of the city. 
 
 § 98. — The Clerk, under the direction and con- 
 trol of the City Council, shall issue all warrants 
 upon the City Treasury, but in no case must he 
 issue such a warrant, unless it be according to an 
 order J made in open Council, by the Mayor and at 
 least six Aldermen, or in the absence of the Mayor, 
 by at least seven Aldermen, nor for any other 
 amount than that contained in the official proceed- 
 ings, signed by himself and the Mayor. The Clerk 
 shall keep an account of all warrants issued by 
 him^ and shall record the date and number of the 
 warrant, and the amount of money for which it was 
 issued, to whom made payable, by whom it was re- 
 ceived, and take a receipt from the person to whom 
 it was paid. 
 
 § 99. — The Clerk shall open a set of books, in 
 which he shall enter all appropriations made by 
 the City Council, and keep an account of the ex- 
 penditures of the city. 
 
 § 100. — At the end of each month, the Clerk 
 shall deliver to the Oity Treasurer all the money in 
 his possession, and render an account to the City 
 Council, at its first meeting in every month, of the 
 money received and paid by him to the City Treas- 
 urer. The account must contain the amount of 
 money, the day on which, and the name of the per- 
 son from whom, it was received ; and also must 
 state the means by which it was obtained, whether 
 by fines, taxes, licenses, or otherwise ; and such 
 account, after being examined and approved by the 
 City Council, shall be recorded, and considered to 
 be prima facie correct. 
 
45 
 § 101.— The Clerk shall receive the returns of The cicrk 
 
 *' shall receive 
 
 the taxes of all persons liahle to he taxed by the returns of 
 city, and for this purpose he shall attend at his 
 office from two o'clock till five o'clock, P. M._, of 
 every day from the first to the twentieth day of 
 March of each year. 
 
 § 102. — All persons shall furnish to the Clerk a must fur- 
 list of their taxable property in the city, and make "f ^their ta'x- 
 
 the following oath or affirmation, viz : ''1, tv'A?!"''^*''" 
 
 do swear or affirm that the list I have rendered to 
 the Clerk includes all the real and personal prop- 
 erty subject to taxation in the city of Montgomery, 
 which I have in my possession in my own right, or 
 have in my possession or control belonging to any 
 other person, so help me God." And in case any 
 person shall refuse to deliver the list aforesaid, the 
 Clerk, according to the best of his information, 
 shall make out a list of the taxable property owned 
 by sueh person, and the same shall be doubly 
 taxed ; but, before doing so, the Clerk must de- 
 mand the said list of the delinquent, at his or her 
 residence, or leave a notice for him or her to fur- 
 nish the list within forty-eight hours, and for every 
 such visit the Clerk shall receive from the tax payer 
 twenty cents. 
 
 The Clerk 
 
 § 103. — The City Clerk shall assess and collect ghaii assesi 
 the taxes upon all personal property subject to taxa- taxes.'^ic?''^ 
 tion. 
 
 The Clerk 
 
 § 104. — The City Clerk, each year, befoie com- Bhaii make 
 mencing the assessment, shall prepare an alpha- thcToteraof 
 betical list of the voters of the city, who voted at ^^^ '^^^'^• 
 the preceding election, and arrange the names in 
 the Wards in which they voted. As each person 
 whose name is on the list is assessed, he shall note 
 it opposite to the name, and every person whose 
 
46 
 
 name is not on the list, shall be added thereto 
 
 when he is assessed. 
 The names § 105. — The Clerk shall carefully examine the 
 sessed'at names of the persons assessed at the last assess- 
 ses^sirTent.^^ ment of taxes, and add those which do not appear 
 
 on the list, so that each years' returns of persons 
 
 assessed, and the list of voters, may aid him in 
 
 making a full assessment. 
 
 Alphabet!- § 106. — The Clerk shall also make an alphabeti- 
 cal digest of 
 
 the returns cal digest of the returns of taxable property^ con- 
 property, taining the real estate of each individual, and lay 
 it before the City Council on or before the twentieth 
 day of April of each year, and the Mayor shall, 
 forthwith, deliver the said schedule to the assessors 
 appointed by the City Council. 
 What the / § 107.— The schedule delivered to the asscssois, 
 livered to' shall contain the names, when known, of the per- 
 ors mTs't '^oiis liable to taxation, and, when unknown, it 
 state. I shall state that the property belongs to persons un- 
 1 known ; and after the property mentioned in the 
 • schedule shall have been assessed, and the assess- 
 Clerk must'^ ment approved by the City Council, the Clerk shall 
 collect the collect the taxes imposed, on or before the first day 
 
 of December of each year. 
 The Clerk § 108. — The Clerk shall grant the licenses re- 
 iicensefn°- quircd by the city laws, in every instance in which 
 nat, ^Sy^^' *^e applicant shall comply with the conditions im- 
 posed by the City Council, and shall, if requested, 
 issue subpoenas for witnesses in all cases tried before 
 the city authorities. 
 
47 
 CHAPTER XI. 
 
 DISORDERLY CONDUCT. 
 
 § 109. — Every person, who shall quarrel in a 
 loud tone, or use profane or indecent language in a 
 public place, or in a private place loud enough to 
 be heard by neighbors ; or shall act in an indecent, 
 riotous, or disorderly manner in the streets, or at 
 any place in the city, shall be fined ten dollars, and 
 may at the discretion of the Mayor or Alderman 
 trying the case, be compelled to give bond with 
 sureties, in any sum not exceeding five hundred 
 dollars for his or her good behavior for six months. 
 
 § 110. — Any person, who shall injure, break 
 down, destroy, or carry away a fence, gate, step or 
 door of a house, or shall take down, deface, or carry 
 away any sign-board, plate or card which indicates 
 the name, occupation, or business of a person or 
 shall commit any like offence, shall be fined ten 
 dollars. 
 
 § 111 . — Every minor or apprentice, who shall vio- 
 late either of the two preceding sections, shall be 
 committed to prison for ten days, unless the parent, 
 guardian, master or mistress of such minor or ap- 
 prentice, will pay a fine of ten dollars and costs. 
 
 § 112. — Every person, who shall maliciously 
 kill, cripple, or commit any act of cruelty, on a do- 
 mestic animal in the city, shall be fined five dollars. 
 
 § 113. — Every person, who shall engage in cock- 
 fighing, or in making dogs or other animals fight, 
 in the city, shall be fined five dollars for every such 
 offence. 
 
 § 114. — Every slave who shall violate either 
 of the two preceding sections shall receive 
 not exceed thirty- nine lashes , and every free 
 negro, who shall violate either of the said 
 sections shall receive not exceeding thirty-nine 
 
 2f o person 
 shall quar- 
 rel loudly, 
 or use pro- 
 fane rr in- 
 decent lan- 
 .i;uage, or act 
 in a disor- 
 derly man- 
 ner.) 
 
 B'ond for 
 
 good behar- 
 
 iour. , ^„ 
 
 '7 ir 
 
 Persons in- 
 juring fen- 
 ces, gates, 
 Ac. 
 
 A minor or 
 apprentice 
 vio 1 a t i n g 
 jireced i n g 
 sections. 
 
 Cruelty t o 
 animals. 
 
 Cock figit- 
 ing, Ac. 
 
 A slaTe o r 
 frto negro 
 riola ting 
 precedi n g 
 Bcctions. 
 
48 
 
 nine stripes, or be fined ten dollars at the discre- 
 tion of the Mayor or Alderman trying the case. 
 Drunken- ' § 115, — Any person drunk, and lying or stag- 
 punished. gering about the streets, or on the sidewalks of the 
 i city, or other public place, shall on conviction be- 
 I fore the Mayor or an Alderman be fined five dol- 
 \ lars for every such offence. 
 All gam- ' § 116. — All persons who shall within the limits 
 hiMte/ '^*^" of the city play at any game or suffer gaming on 
 their premises contrary to the laws of the State, 
 shall on conviction before the Mayor or an Alder- 
 "^'--juan be fined fifty dollars. ' '') < -^- 
 Personsgam § 117. — Evciy person who shall play at any 
 siavoorper- game, contrary to the laws of the' State, with a 
 si aves or slave or free negro, or shall suffer any slave or free 
 to^game^o^n negro to play at a game,, or bet at a gaming table, 
 gg®''"P'"®™^" or to wager money or other valuable thing contra- 
 ry to the laws of the State, on his or her premises, 
 or on any premises under his or her control, shall 
 on conviction be fined fifty dollars for each offence. 
 The inform-/ § 118. — One half of the fine imposed against 
 ceive*^^ on|^ any pcrson for the violation of either of the two pre- 
 haifthefi^e ceding; sections shall be paid to the informer, and 
 
 im.posed.| o j. 7 
 
 if there be no informer, then it shall be paid to 
 the officer making the arrest. 
 
 jj. t § 119- — Every person, who shall keep a disorderly 
 
 ill-fame. I house, or a house of ill-fame within the limits of 
 the city, shall upon conviction before the Mayor or 
 an Alderman be fined in the sum of fifty dollars, 
 and upon failure to pay the fine and costs, such 
 person shall be committed to jail until the said fine 
 and costs are paid, but in no case shall the impris- 
 onment exceed sixty days. 
 Persons con/ § 120. — Every person, who shall keep a house 
 keephousea' of ill-fame after being once convicted thereof, for 
 o f ill-fame ^^^ ^^^ every day he or she shall continue to keep 
 
 V 
 
49 
 
 ^^ siicli a house of ill-fomc, shall bo fined fifty dollars, ''la ' ' '^p 
 
 ij » fined. 
 
 l J and upon default of payment thereof, shall be com- 
 mitted to jail until said fine and costs are paid, but 
 in no case shall the imprisonment exceed sixty days. 
 
 . Any houso 
 
 , § 121. — Any house, inhabited by disorderly or inhahito<i 
 
 11 /> 1 1 • b J' 1 e w fl 
 
 / Jewd women, or persons ot bad reputation as to women sh'ii 
 chastity, or frequented by persons for the purpose edahoupr 
 of prostitution, shall he considered a house of ill- "^^ 'H-fame 
 fame, and all aduUs living in sucli a house shall 
 be considered the keepers thereof, and subject to 
 the penalties imposed by this code upon such an 
 y offence. 
 
 — § 122. — Any person liavin^ tlie control of a -'^"^ P*"^" 
 
 . .. .. . rent ingH 
 
 dwelling or other building within the city who shall imiMing to 
 rent it, or permit it to be used as a house or ill- iiouseof iii- 
 fame, shall on conviction before the Mayor or an bcTncd. " 
 Alderman, be fined fifty dollars, and on failing to ^ : 
 pay the fine, such person shall be committed to y ^ / 
 jail until the fine and costs are paid, but in no case 
 shall the imprisonment exceed sixty days. ' jS '•' 
 / § 12-}. — Every person avIio shall interrupter dis- inter rupi- 
 
 ( turb any assembly convened for the purpose of reli- worship. 
 
 \ gious worship, shall be fined fifty dollars for eacli ^ ^ 
 offence. ' „„ 
 
 ilie projin- 
 
 § 124. — Every in-oprietor of a i)ublic house of ®*or o'" f> 
 
 •^ . . public house 
 
 any kind, who shall permit any person at such a permitting 
 
 T 11 • n -I •! <ii.«orde rl V 
 
 house, to disturb the peace or quiet ot the neigh- conduoi. 
 borhood by loud singing or any noisy and disorderly cd. 
 conduct, shall be fined ten dollars. 
 
 § 125. — Every person who .shall injure or deface puVi'ic'bliiid 
 any public building by cutting or breaking or draw- '"s- 
 ing or writing upon the walls thereof, shall on con- 
 viction be fined five dollars for each offence. 
 
 § 126. — Everv person, who shall cut, break, or Removing 
 
 T/» 1 11 n 11- I'll- Irces.shrubK 
 
 disfigure the walls of public buildings, or cut, Ac from 
 break or remove trees, shrubs, grass, gravel, or dirt, grounds." 
 
 / 
 
 r 
 
50 
 
 from the public g.Vound.s shall be fined five dollars, 
 
 for each offence. 
 J.?i^erty'of § 12Y.— Every person who shall break the lamps 
 the city. Qj. posts of auj property of the city, or shall injure 
 
 the fences enclosing a public building, shall be fined 
 
 fire dollars, for each offence. 
 Hitching an/' § 128. — Evcry person, wlio shall hitch an animal 
 
 animal to a i t i -i t -in i i i •! i 
 
 public build' toapublic DUilding, or to the fence around such buud- 
 
 intr or fence.' . , ,^ ^ j_ " ^i -j ^ ii ^ n i 
 
 \ ing or to the lamp posts ot the city^ shall be fined 
 \five dollars./ / C- 
 Shooting a / -s 129. — Every person, who shall shoot or dis- 
 
 gun or pis-/ . , i • i /> n 
 
 toi. / charge a gun, pistol, or any kind of fire-arms within 
 
 I the limits of the city, shall be fined five doUargg / ^ 
 di'tf"' section^ § ^^^ ■ — '^^^^ provisious of the preceding secffiou 
 does not ap-/ gj^all not apply to persons defending themselves or 
 
 ply to Mill-/ i i .' 1 ^ ^ o ^ 
 
 tary corpaj, their property, nor to military companies. 
 
 CHAPTER XII. 
 
 EXCAVATION OF CELLARS, &C. 
 
 Excavation § 1 ■"> 1 • — Every person, who shall excavate a cel- 
 '"osc"forbiri- ^^^' > ^^ *-^^» ^"^^ ^^'^^ ^^^' ^^^^ pi^i'posc of buildiug, or 
 den in f^j. ^ny other purpose during the months of July, 
 
 months of *' r i o ^ 
 
 Juiy.August, August or September, shall be lined ten dollars ; 
 
 ber. '^ and the additional sum of five dollars for every day 
 after conviction sucli jierson shall violate this sec- 
 tion. 
 
 S 132. — Anv person, who shall dig, cut, or carry 
 
 ]S person "^ ' ^ ^ ^ o 7 j j 
 
 shall d 1 g away any part of the banks of the river, or commons, 
 o r sireets"^, or streets, or dig or carry away dirt from any land 
 ^^' owned by the city, without the permission of the City 
 
 Council, shall be fined five dollars. 
 A slave or § 133. — Any slavc or free negro, violating the 
 
 free negro ,, . ,. in • . i , 
 
 violating foregoing section, shall receive not more than twen- 
 
51 
 
 tv lashes, which punishment may l)e commuted to forcffoin 
 
 , . spction. 
 
 a fine of not move than ten doUars, according to 
 the discretion of the ])er.son heforc wliom the case 
 may he tried. 
 
 wlio lectues 
 or give ox- 
 
 CHAPTER XIII. 
 
 EXHIBITIOXS, l.ECTL'Rl'S, ANT> THEATRES. 
 
 / § IS4. — Every person who shall lecture, open a ah 
 theatre, or give a concert or an exhihition of any kind 
 
 for money, without a license for which the sum of '"'"t'^n for 
 
 five dollars shall he paid for each day or niffht such o'^t^i'" » '•- 
 
 V exhihition may continue, shall he fined twenty dol- ^ 
 
 "iais. •<ii 
 
 / § i:»5. — Every jjcrson who shall open a circus, or ci reuses 
 
 / , ,, . ., . , ,. p 1 • 1 and men.is; 
 
 / a show ot animals without a license tor which cries must 
 
 twenty dollars shall he paid, for each performance ^p!=.'^'" 
 \ or exhihition, shall he fined forty dollars. 
 
 ^ 136. — No license shall he required to exhihit Kxiiibitimis 
 
 ^ _ . . <■'"• <-li:irita- 
 
 , paintings, statuary, or a useful invention, or tor i.i- i-urpu- 
 an exhibition or entertainment intended only to 
 promote religious or charitable objects. 
 
 § 137. — The Marshal or a policeman, shall attend '^^^^ ^^[^7,' 
 all exhitions or entertainments free of charge, and ■'»",''."'!.."' ' 
 
 ^ ' exhibitions. 
 
 demand the liconsj grantel by the Clerk ; and on an.Momana 
 
 ° . . , , .. . . 1 lirens-. 
 
 failure of the persons giving the exhibition to show 
 the license, the Marshal or policeman shall arrest 
 and carry such jjcrsons before the Mayoi- or an 
 Alderman for trial. 
 
 ij 138. — TheCUerk or Marslial or policeman fail- '''''*/'';■''; 
 ing to discharge his duties as above ^ire.scribed. laiiiug t.. 
 
 ° ° porforin hi- 
 
 shall be fined ten dollars. inty tine.i 
 
'v:' 
 
 52 
 CHAPTER .XIV. 
 
 FINES AND FEES. 
 
 Persons fail / § 139. — All persoDS failing to pay the fine im- 
 iiue shin be^ posed on them for the violation of a law of the city, 
 imprJsoued| ^^iaW he Committed to prison until the fine and 
 costs are paid, hut in no case shall the imprisonment 
 xceed sixty days, ^^c" --t-'-'fO 
 The Maj'or § 140. — The Mayor or Alderman hefore whom 
 
 or Alderman . , . • /• i 
 
 riiayissu&' the casc is tried, may issue an execution for the 
 
 i ion for thi amount of fine and costs, which shall he levied by 
 
 me, c. ^j^^ Marshal, on any property helonging to the 
 
 1 person convicted of a breach of a lav/ of the 
 
 \cit.y. 
 
 Property R 141. — When an cxecution is Icvicd on personal 
 
 Jovied on to . 
 
 e oil ec t Of j)roperty to enforce the payment of a fine, the Mar- 
 
 ' shal shall advertise in a newspaper, the property. 
 
 Real estate ^|^g time and place of sale for at least ten days he- 
 
 Jeviedon. j ^ "^ 
 
 fore such sale shall he made ; and when an execu- 
 i \ tion is levied on real estate, the Marshal shall in- 
 
 \sert such an advertisement for at least thirty succes- 
 sive days, before the day oi sale. 
 On payment/ ^ 142.— On the payment of the fine and costs by 
 
 ot lino, the/ "^ •• '' ■ "^ 
 
 Marshall/ any pcrson, the Marshal shall mark the case '^satis- 
 the docket, fied" on the docket, and if required^ shall 'also give 
 
 "■ratified." \ , i • ,i ' . 
 
 \ a receij)t to the person making the payment. 
 Compia,int V § 143. — Thc Maj'or, upon the complaint of a citi- 
 zen that a person has violated a law of the 
 city_, shall issue a summons commanding the Mar- 
 shal or other officer to arrest the accused, and to 
 ' bring him or her before the Mayor at an appoint- 
 y ed time to answer the allegations of the complaint, 
 \ which must be clearly and specifically stated. 
 — "^ teX^°y § 144. — Any person, arrested upon the complaint 
 on com/ of another, may give bond for not less than one 
 rnoth^r.irraV huudrcd. uor uioro than twohundred dollars, for 
 
( 
 
 53 
 
 his appearance before the Mayor at the appointed ^^^^ ''""'^• 
 time, and on failure to do so, such person shall bo 
 committed to prison until the case can be tried. 
 
 . 1 • /• -'^"y person 
 
 § 145. — Every person tried on the complaint of convicted 
 another, and convicted of having broken the laws ishcd: if ac- 
 of the city shall be punished according to the pro- person mak 
 visions of the law violated, but if he or she '"Jnt^nust 
 be acquitted, all the costs of the case shall be paid I'^y <=°^*''- 
 
 Vby the person making the complaint. 
 / § 146. — The Marshal, or any other officer of the siuii shall 
 
 / city, shall summon all the witnesses whose attend- witnesses. 
 
 / ance is required, at any trial before the Mayor, an 
 
 i Alderman, or the City Council. 
 
 ^ § 147. — Any witness, who, without a sufficient faufng'toat- 
 
 / excuse, shall fail to attend at tlie time stated in the If(j"}|ncfi|^°'" 
 summons, shall be fined ten dollars, and on failure 
 to pay the fine, shall be committed to prison not 
 exceeding ten days. 
 
 V, § 148. — Any person summoned as a witness be- ^"^y person 
 
 ^^ ^ '' ^ • /-< •! refusing to 
 
 / fore the Mayor, an Alderman, or the City Council, testify shall 
 who shall refuse to answer all proper questions, onedl'"^'^'^ 
 sliall be committed to jail until he or she is willing 
 
 ^ to testify. 
 
 • • 1 1 /• .1 The costs in 
 
 § 140. — The costs in every case tried beiorc the every case 
 Mayor or an Alderman, shall be entered upon the termed on the 
 trial docket, and collected by the City Marshal; trial docket, 
 and in no case shall the Mayor or Marshal be enti- 
 tled to any fees, unless such fees arc clearly set 
 down, item by item, on the docket. 
 
 § 150.— The Mayor shall be entitled to the fol- t'^« /«» •^ 
 
 •^ . . •' , tho Mayor. 
 
 lowing fees herein mentioned : 
 
 For every license granted by him, under the ordi- CV 
 
 nances of the city, %\ 00 » ^ 
 
 i or every case tried before him, 1 00 ^ •'^ 
 
 For every excutioii to enforce the collection of 
 
 fines or taxes, 50 
 
54 
 
 The fees of X 151 — j^ every case tried before the Mavor, in 
 
 the Mayor, ^^ "^ _ " ' 
 
 how paid. whicli the accused shall be acquitted, or the person 
 convicted shall be insolvent, the City Treasurer, 
 * with the consent of the City Council, shall pay to 
 
 the Mayor the fees above stated. 
 
 The fees of s 152. — The Clerk and Marshal shall receive the 
 
 the Clerk . Jl . , 
 and Mar- loUowing leCS : 
 
 The Clerk, for every license issued by him, unless 
 
 otherwise provided, shall be paid $1 00 
 
 For levying an execution^ 100 
 
 For making deed to real estate, sold for taxes, 2 00 
 
 For bill of sale for personal property, 1 00 
 
 For issuing subpoena for witness , 25 
 
 The Marshal shall receive for arresting a free 
 
 person 2 00 
 
 The Marshal shall receive for arresting a slave 1 00 
 
 For summoning each witness, _ 25 
 
 For taking bond of any person arrested, 1 00 
 
 But in no case shall the fees above mentioned be 
 
 If the per- 
 son be ac- paid to the Clerk or the marshal, if the person tried 
 
 quitted or , ^ . . . . .. 
 
 insolvent for an offcuce be acquitted, or being convicted shall 
 
 the fees shall n • i , 
 
 not be paid, be insolvent. 
 
 CHAPTER XV. 
 
 THE FIRE DEPARTMENT — FIRE LIMITS. 
 The organi- 
 
 FiteDetln- § 153.— The Dexter Fire Company, number one ; 
 
 ment. ^^ie Alabama Fire Company, number two ; and the 
 
 Mechanics' Hook and Ladder Company, number 
 one, and such other companies as may be organized 
 hereafter and received into the Department by the 
 City Council, shall constitute, and be known as, 
 the Fire Department of the city of Montgomery. 
 
55 
 
 § 154. — Tlie Fire Dcimrtment shall have for its The officers 
 
 f , / .of thp Fire 
 
 officers one Chief Engineer and three Assistant Department 
 Engineers, who shall be elected in the month of 
 January in each year, and hold their offices for the 
 term of one year, and until their successors are 
 chosen and qualified. 
 
 § 155. — The Chief and Assistant Engineers shall Thcmodcof 
 
 T • 1 p n • • 1 /-N olcctiiif; the 
 
 be elected m the lollowing manner, viz: eacli Com- chiof and 
 jiany, composing the Department, shall nominate Engineers. 
 a candidate for each office, and the City Council 
 shall elect from the persons so nominated, and the 
 person receiving a majority of the votes cast, shall 
 be declared elected. 
 
 § 156. — Before entering upon the duties of their 
 respective offices, the Chief Engineer, and each As- 
 sistant Engineer, shall make the following oath 
 
 before the Mayor: "I, , do solemnly sAvear 
 
 that I will faithfully observe the laws of the State 
 of Alabama, and the ordinances of the city, and to 
 the best of my ability perform the duties of my 
 office." 
 
 § 15*7. — The officers of the Fire Department, or 
 any one of them, may be removed at any time by 
 the City Council. 
 
 § 158. — If a vacancy occurs in any of the offices 
 during the year, the Mayor shall notify the com- 
 panies of the Department, and the office shall be 
 filled in the same manner as at the annual elec- 
 tion. 
 
 § 151). — The city shall be divided into three Dis- 
 tricts as follows ; District number one, shall be 
 composed of wards, one and two ; District number 
 two, of wards, three and four ; District number 
 three, of wards, five and six ; the Assistant Engi- 
 neers shall be chosen, one from each District. 
 
 The onth of 
 the. Chief 
 E n g i n e er 
 and his As- 
 sistants. 
 
 Tho ofTicers 
 may bo re- 
 moved by 
 the Council. 
 
 Vacancy iu 
 a n V office 
 shall be fill- 
 ed as at the 
 annual elec 
 tion. 
 
 The diviB 
 ion of the 
 city into 
 districts. 
 
66 
 
 The hat of § 1(30. — Each of the Engineers shall wear a hat 
 
 the Engl- ^ 
 
 neers. similar in form to that now worn by Engine Com- 
 
 panies one and two, made of white leather with a 
 black front, and having their respective offices mark- 
 ed on it ; each of them shall also carry a speaking 
 trumpet. 
 EnginelrJ § 161.— The Chief Engineer in all cases of fire, 
 shall con- gi^a^ havc solc control of every com^anv, belons;- 
 
 trol the com *' a. .. j & 
 
 panics at incr to the Fire Department, and of all the ens-ines 
 
 fires. ° ^ . * 
 
 and apparatus belonging thereto ; and an}'' officer 
 of a company, refusing or neglecting to obey a law- 
 ful order of said Engineer, ma)' be fined in a sum 
 feTusiug ^to DO^ exceeding twenty-five dollars upon conviction 
 obey him. thereof, before the Mayor or Alderman. 
 All white ff 1(52. — All white persons present at a fire shall 
 
 persons "^ , ^ , -^ 
 
 when called give aid in suppressing it, when called upon to do 
 sist in ex- SO, by any officer of the Fire Department, or by an 
 a"fire^^hafi officcr of a Company belonging to the department ; 
 ^° ^°- and any one, refusing or neglecting to render such 
 
 Penalty for assistance, shall, upon conviction thereof, before the 
 
 Mayor or an Alderman, be fined not more than 
 Negroes re- twenty dollars ; and any negro refusing or neglect- 
 b^ whipped, iiig SO to do, shall receive not more than thirty-nine 
 
 stripes. 
 The Engin- s 163.— The Chief Engineer and the assistant 
 
 eers shall ^ ^ ^^ ^ 
 
 be Marshals Engineers at fires, shall be marshals of the City, 
 
 of the city. ^ . 
 
 ex-qfficio. 
 Buiidingsor c ic4._To prevent the spread of fire, the Chief 
 
 fires may be "^ J- ^ ' 
 
 blown up Engineer upon consultation with one or more of 
 
 or removed i . • -n • 
 
 by order of the Assistaut Engineers, with as many of the fore- 
 neer. ° nicu of the Companies as practicable, and with the 
 Mayor, if he be present or near the place of fire, 
 may order any building or fence to be blown up or 
 Proviso. otherwise removed, provided, such order shall re- 
 ceive the sanction of a majority of those consulted. 
 
 Engineer § 165 --—The Chief Engineer shall provide for 
 
57 
 
 Chief Engi- 
 necr must 
 report num- 
 ber of fires, 
 and aiiiouiit 
 of properly 
 (lestroved. 
 
 Chief Engi- 
 neer must 
 
 the keeping: of the a])paratns of the companies of vide An-'the 
 this Department in good ordcr^ and at all times I'he'appara- 
 ready for immediate use. But in discharging this *^"^' '^'■■ 
 duty, he sliall not contract a debt to he paid hy the 
 City Council for the repairs of the aiiparatus, or. of 
 the huilding in which it is kept, exceeding fifty 
 dollars. Any repai rs which require a larger sum 
 of money shall be referred to the City Council. 
 
 § 166. — The Chief Engineer shall keep a correct 
 account of the fires, and alarms of fire, their cause^ 
 and the amount of property destroyed, during his 
 term of office, and report the same to the City Coun- 
 cil in January of every year. 
 
 § 167. — The Chief Engineer shall make, in the 
 month of January of every year, a report to the bor°o^fCon)- 
 City Council of the number of companies, belong- a^uorofa"- 
 ingto the department, the number of members in pajaius, Ac. 
 each company, and the condition of the apparatus 
 and buildings in possession of the companies, togeth- 
 er with any information in connection with his office, 
 which maybe beneficial to the city or the Department. 
 
 § 168. — The Chief Engineer, and his Assistants, 
 shall ascertain, in case of fire, where water can he 
 obtained for the use of the engines, and inform the 
 foreman of each company. 
 
 § 169. — The Assistant Engineers shall convey 
 the orders of the Chief Engineer to the officers of 
 the diflferent companies, aid in the proper execu- 
 tion of them, and perform all other duties which 
 he may require of them. In the absence of the 
 Chief Engineer, the first Assitant Engineer, and 
 in his absence the second Assistant Engineer, and 
 in his absence the third Assistant Engineer, and in 
 the ahsence of all the Engineers, the Foreman of Engineer?. 
 the Company first arriving at the fire, shall have 
 
 8 
 
 Chief and 
 Ass't. Engi- 
 neers must 
 a s c c r tain 
 where wa- 
 ter may I)c 
 found. 
 
 Duties of As- 
 sistant En- 
 cjiufers. 
 
 I n the ab- 
 sence of all 
 
58 
 
 the authority and perform the duties of Chief 
 Engineer. 
 Meetings of § i^Q. — A meetins' shall be held, at least once 
 
 the Engl- , ^ 
 
 neers must in evcrj three months, by the Chief Engineer, the 
 
 be held eve- . • t~, • t • /- 
 
 rj three Assistant Engineers, and two representatives from 
 
 ^°^ ^' ^eac'ii Company, for the purpose of considering the 
 
 condition of the Companies, and adopting such 
 
 measures as will insure the greatest efficiency in this 
 
 Department. 
 
 Fire limits § i^i. — The Fire limits of the city of Montgome- 
 
 of the city. ^ o 
 
 ry shall be McDonough street, on the east, Wash- 
 ington street on the south and south-west, the 
 Alabama river on the west, Madison street on the 
 north, and Coosa street on the north-west. 
 No wooden § 1^2. — No person shall build any wooden 
 be erected house, shed or other structure of wood Avithin 
 t erem. ^j^^ above described fire limits ; and any per- 
 son so doing, shall be fined ten dollars on 
 Penalty. conviction thereof, and five dollars for every day 
 thereafter this section shall be violated ; Provided, 
 a reasonable time shall have been allowed for a 
 compliance with this section. 
 What shall § 173.— Every building which shall be erected 
 
 be consider- '' J & 
 
 ed a wooden with iiiorc wood ou its outsidc than is required, for 
 
 building. _ ^ ' 
 
 door and window frames, roof, eaves, cornices, doors, 
 shutters, sash, jjorticoes and steps to the first floor 
 above ground, shall be considered a wooden build- 
 ing ; and all having a wooden frame work to be 
 covered with tin, zinc or other material shall be 
 also considered wooden buildings. 
 iTun^dlncr'^ § 174. — No person shall carry any wooden build- 
 outside the ing outside the fire limits to any lot within them, 
 
 fire limits ° . 
 
 must not be nor move any wooden building within the fire lim- 
 
 Ciirricd, witli- 
 
 in them its from ouc placc to another, without first obtain- 
 
 m'ission.Tc. '^^^ ^he pcimission of the City Council, and the 
 
 consent of the owners of the adjoining lots, and 
 
59 
 
 any person, who shall violate this section, shall be 
 fined ten dollars, and five dollars for every day ^'"^"^'^3'- 
 thereafter the violation of this section shall con- 
 tinue. 
 
 § 175. — Every person, who shall, without the No person, 
 
 • witlioutcon- 
 
 consent of the City Council set up a steam engine, sontofCoun- 
 
 cil i^liillsct 
 
 a foundry, a blacksmith shop, a bakery, an cstab- up' a foua- 
 lishment for boiling soap, or any similar establish- ^ - '' ^' 
 raent, in any building, other tlian a brick build- 
 ing, having a slate or metal roof, shall bo fined 
 twcQty dollars for every day tliis section shall be 
 
 •1.1 No person, 
 
 Violated. ^vitiu-utcM.n- 
 
 § 176. —Any person who shall use a building for jr;;',;;^^ ^'^l 
 
 a plank or lumber kiln without the permission of tlie '''^^ii "sc a 
 
 /-H- rs •! 1 n 1 r> 1 in l)Uildiug for 
 
 City Council, shall be fined twenty dollars. lumber idin 
 
 § 177. — Every person who shall enlarge or ele- sha'il'^en'- 
 
 vate a wooden building of any kind within tlic wooa,, ,f 
 
 Fire limits, or cover the roof of a building in b'"i'i'"s o'l 
 
 ' ^ cover a roof 
 
 the Fire [limits with any material other than ^^'^'^ fo'"- 
 tin, slate, zink, tile or some incombustible compo- material Ac 
 sition shall be fined ten dollars, and five dollars 
 for everyday thereafter this section shall be viola- 
 ted. 
 
 CHAPTER XVI. 
 
 HEALTH, HOSPITAL, AND CITY PHASICIAN, 
 
 § 178. — The City Council sliall appoint, when Hour.! of 
 
 . . Henllh ea- 
 
 necessary, two persons from each ward oi the city, tahiishod. 
 who, with the Mayor, shall constitute a Board of 
 Health, of which the Mayor shall be the President. 
 § 179.— The Mayor, as the President, or in coni- 
 
 The Mayor 
 nhall in- 
 ■pect all 
 
 shall inspect all lots, and cause the removal of any '"i^. vc. 
 
 pany with other meml)ors of the Board of Healtli, "''*'' "V, 
 
 *^ •' ' ipect all 
 
Mayor must 
 examine the 
 condition of 
 tlie city. 
 
 During epi- 
 iloinics the 
 Mayor must 
 report daily 
 
 matter on such lots whicli may become a nuisance, 
 or have a tendency to injure the healtli of the citi- 
 zens. 
 
 § 180. — The Mayor shall, personally, ascertain 
 the sanitary condition of the city, and report at 
 least once a month to the City Council. 
 
 § 181. — During the prevalence of epidemics, the 
 Mayor shall, as the President of the Board of 
 Health, make daily reports of the health of the 
 city, for the truth and correctness of which he shall 
 be held responsible to the City Council. The Presi- 
 dent can call a meeting of the Board of Health, 
 whenever he may consider it necessary. 
 
 ^ 182. — Every owner or agent or occupant of any 
 house, yard or lot in the city, shall keep it clean, 
 and not permit anything calculated to generate dis- 
 ease to remain on the premises. 
 
 § 183. — Every person, who fails or refuses to 
 
 comply with the orders of the Mayor or Board of 
 
 of "Board of Health, shall be fined on conviction thereof, before 
 
 Health fm- ■ t n 
 
 ed. the Mayor or an Alderman, m the sum of twenty 
 
 dollars, for every such offence. 
 
 Thomarshai/' § 184. — The Marshal shall execute the orders of 
 
 shall 
 cute the 
 ders of t 
 Board 
 
 Every own- 
 er or occu- 
 pant must 
 keep their 
 premises in 
 good condi- 
 tion. 
 
 Persons re- 
 fusing to o- 
 boy orders 
 
 '^or/ the Mayor or Board of Health, and the cost of doing 
 ^...w. of I '^°' sball be taxed against the owner or occuj)ant of 
 Health. I |.]^Q premises, and shall be collected by the mar- 
 shal. 
 
 
 Persons ag- 
 grieved by 
 action of 
 Board of 
 Health Juay 
 appeal to 
 the Council. 
 
 § 185. — Every person aggrieved by the action of 
 tlio Mayor or the Board of Health, upon notifying 
 the Mayor in writing of his or her intention, shall 
 have the right to appeal to the City Council; upon 
 receiving such notice^ the Mayor shall suspend the 
 proceedings of the Board of Health, until the cause 
 is heard and determined bv the City Council, and 
 
61 
 
 their decision shall control the action of the Mayor 
 or Board of Health in the case. 
 
 § 180. — The marshal and every niemher of the 
 City Police in addition to tlie dnties already per- 
 formed by them, shall diligently search for, and re- 
 port to the Mayor anything which will endanger 
 the p ublic health . 
 
 (§ 187. — Every person who sluill empty upon the 
 side-walks, or streets, or into the ditches, sewers or 
 drains of the city, any feculent matter, filth or li- 
 quid, emitting a noisome odor, or injurious to 
 health, shall be fined five dollars for each offence. 
 § 188. — Ever}' owner, overseer or manager of any 
 slave, afiiicted with the small pox, who shall fail 
 to remove such slave to the city liospital within 
 twenty-four hours after the appearance of the dis- 
 ease, shall on conviction before the Mayor or an Al- 
 derman, be fined fifty dollars, and the further sum 
 of fifty dollars for each day thereafter, the owner, 
 manager, or overseer shall neglect or refuse to re- 
 move the diseased slave to tlie cit}^ liospital. 
 
 § 189. — Upon the neglect or refusal of the owner, 
 manager or overseer of any slave diseased with the 
 small pox to remove the slave, the marshal or dep- 
 uty marshal shall cause the slave to be carried to 
 the hospital at the expense ot the owner, or the 
 person controlling tlie slave. 
 
 § 190. — Any owner or manager of a slave, hav- 
 ing the small jiox, who shall fail or refuse to pay 
 the cost of removing the slave to tlie city hospital 
 upon the re<|ucst of the marshal, shall be fined ten 
 dollars. 
 
 § 191. — Any physician, having a patient within 
 ilie limits of the city, afiiicted with tlie small pox, 
 who shall fail for the space of twenty-four Ijours, 
 to report the name and residence of the patient to 
 
 Tlic duty of 
 the marshal 
 and police- 
 men. 
 
 Filth not to 
 be emptied 
 into the 
 streets. 
 
 Penalty. 
 
 Slaves hav- 
 ingthesmall 
 pox must be 
 removed to 
 tl)o liospital 
 
 Themarshal 
 must re- 
 move slaves 
 io city hos- 
 pital wJien 
 owner fails 
 to do so. 
 
 Owner fail- 
 ing to pay 
 coiJtsof such 
 removal fin- 
 ed. 
 
 r hy s i cian 
 mu.st report 
 every eaif 
 of small-pix 
 under his 
 tre.itment 
 in till' oitT. 
 
62 
 
 the jPresident of the Board of Health, shall be 
 fined for every such patient the sum of fifty dol- 
 lars. 
 No person § 192.— No person shall he permitted to reside in 
 
 permitted " x j. 
 
 to reside in the City Hospital, nor shall any one be maintained 
 
 the hospital ^ j,^ I i ■ i ^ 
 
 at the expense oi the city, unless such person be 
 disqualified by disease from gaining a livelihood. 
 No person § 193. — No person shall be admitted into the 
 
 admitted in- t •, •, • ■, 
 
 to the hos- hospital Without a written certificate irom the 
 ouf eertifi- ^^^J plijsician, Specifying the character of the 
 cate from disease ; and upon the presentation of the certifi- 
 
 city physi- ' ^ ^ ^ 
 
 cian. cate the steward shall receive the person into the 
 
 hospital. 
 Hospital § 194. — The Hospital steward shall live in the 
 
 steward, . 
 
 shall live in hospital, and shall take charge ot all the lurniture, 
 g^i® ^®P' ■ beds, beddings clothes and cooking utensils, and 
 keep them clean and in good order, and subject at 
 all times to the inspection of the Mayor, Aldermen 
 or marshal. The steward shall also keep an in- 
 ventory of all articles belonging to the city, in his 
 possession ; and shall report to the City Council, 
 all the stores received by him for the use of the 
 hospital. 
 Thesteward § 195. — The steward shall register the name of 
 
 shall regis- ,, . t • , n i •! i ,i • 
 
 ter names of all persous, admitted into the hospital, their na- 
 their^agesf ^^^^ placc, sex_, age, occupation, the time of admis- 
 ^'^' sion to the hospital, and time of discharge or death. 
 
 He shall nurse the patients, provide, and prepare 
 such food for them as the city physician may pre- 
 scribe. 
 no°t aVe^u°- § 196.— No pcrson shall be permitted to remain 
 lar ^inmate i^ or about the hospital, unless lawfully admitted 
 main about as a patient, nor shall any person remain in the 
 hospital after being discharged by the city physi- 
 cian. 
 Nointoiica- § 197. — No alcoholic or intoxicating liquors of 
 must be any description, shall be carried to the hospital 
 
63 
 
 premiseSj except by order of the city physi- ^^P*- ^'^"'l*' 
 cian. ''cs. 
 
 S 198.— The Steward shall keep the s^'o^nds The stew- 
 
 ^ . /. '^ ard must 
 
 around the hospital iu good condition. He shall keep the 
 
 ... grounds in 
 
 always preserve order m the liospital, anil report good order, 
 the improper conduct of patients or other persons 
 to the city physician, the Mayor or marshal. 
 
 § 199.— The City Council shall elect, annually, A^ityriiy- 
 
 *' *' 7^7 sician shall 
 
 a Citv Physician, who shall hold his office for twelve ^^ elected 
 
 annually. 
 
 months, and until his successor is chosen, unless 
 sooner removed, and shall receive such compensa- 
 tion as the City Council may appoint. He may he 
 removed from his office at any time by the City 
 Council for neglect of duty or improper conduct. 
 § 200. — The City Physician shall examine all The duties 
 
 . » ... . . "f the City 
 
 applicants for admission into the city hospital, Physician, 
 and grant certificates to such as may he worthy to 
 be admitted. He shall keep a register of the names 
 of the patients, their native place, sex, age, occu- 
 pation, time of admission and time of discharge or 
 death, and shall describe the disease of each patient, 
 its nature, progress and termination. The register 
 kept, shall be subject at all times to the inspection 
 of the Mayor or any Alderman. 
 
 § 201.— The City Physician shall visit the hos- ^ity Physj- 
 
 •^ J J cian shall 
 
 pital as often as the condition of the patients may "visit tiic 
 
 * . . ... hospital and 
 
 require, aid prescribe such medicine, diet and gen- proscribe 
 
 1 1 1 n 1 '"•■ the pa- 
 
 eral treatment as may be necessary ; lie shall also ticnts. 
 inspect the hospital, and report any reglect or mis- 
 management of the steward or any improper con- 
 duct of the inmates to the Mayor. 
 
 § 202. — Every person controlling a steamboat, or ^° person 
 
 ^ "^ ^ ^ ^ 'havinga 
 
 a conductor upon tlie cars o{ a railroad or any contagious 
 
 . .... disease shall 
 
 other person who shall bring or assist in briuging be brought 
 to the city any person having a contagious disease. 
 
or is disabled in any manner, or is incapable of 
 earning- a livelihood shall be fined fifty dollars. 
 Persons in- § 203. — Thc foregoing section shall not apply to 
 
 tcucliut; to ,..''',. Till T 
 
 support in- any person bringing to the city a disabled or dis- 
 bring tiiem cascd persoii, not sick with a contagious disease, 
 totieciy. -who will support such invalids at his or her own 
 expense. 
 
 CHAPTER XVII. 
 
 LICENSES. 
 
 AU licenses / § 204. — All licenses, issued by authority of the 
 
 sliull expire I 
 
 on 1st day of/ City Council, shall expire on the first day of March 
 next after the issuance thereof, unless otherwise 
 V provided. 
 No license § 205. — No license shall be Issued for a less 
 sued for less time than one year, unless the applicant for the li- 
 y^r. ^^^ ^ cense, shall have engaged in business after thc first 
 day of March, then such person shall pay for the 
 license according to the time it will continue. But 
 no license shall be granted to peddlers or itinerant 
 persons, authorizing them to sell by sample or oth- 
 er wise^ for less time than one year. 
 Hawking or § 206. — Every persou who shall hawk or peddle 
 goods'wares ^^^^^^ ^^^^ strccts of the citj, goods, wares, or mer- 
 chandLTon chandise, or ofier them for sale by sample or oth- 
 the streets, erwisc, without a license authorized by the City 
 Council for which the sum of twenty-five dollars 
 ^VV* shall be paid .shall be fined not less than twenty-5^^ 
 *■ five, nor more than fifty dollars. 
 
 pouit!-|f*i!' § 207.— The preceding section shall not apply 
 to any person selling firuit, vegetables, poultry, 
 eggs^ corn, fodder, oats, hay, or any article pro- 
 duced or manufactured by him or her in this State. 
 
/ 
 
 65 
 S 208. — All persons or iiriii.s oimau-itiLr iu busi- Auctioneers 
 
 •J' _i _ ... ^ ^ persons 
 
 nessas auctioneers, or .selling, hiring or renting, or selling or 
 offering for sale, hire or rent within the limits of the erty. 
 city, any property belonging to another person, with- 
 out a license for which the sum of fifty dollars shall 
 be paid, shall be fined twenty dollars for each offence. 
 
 § 209. — The preceding section shall, in no man- ^ourT Exe* 
 nor apply to sales under execution, or by order cutors, &c., 
 ol' court, or under a mortgage, or by executors, cense, 
 administrators or guardians. 
 
 § 210.— Every commission merchant, and all ^'-"""'ission 
 
 o « J Merchants, 
 
 factors, or broker.s, who shall (j^rr}^ on business in Factors, <tc. 
 
 the city without alicense for wliich fifty dollars shall 
 
 be paid, shall be fined not less tban ten, nor more 
 
 tluiu fifty dollars. 
 
 § 211. — Every person v/ho shall keep a Avare- Warehouse 
 
 house for the storage of cotton or other produce, or ^'^P*''^- 
 
 any article of value without a license for which one^*),^ 
 
 liundred dollars shall be paid, shall be fined not less ^ 
 
 tlian twenty-five, nor more than fifty dollars. 
 
 § 212. — Any Insurance Company, which shall lusurauce 
 * . . ... CompanieB. 
 
 open an omce or engage in business m the city ^^ 
 without a license, for which fifty dollars shall be ■■ b 
 paid, shall be fined not less than twenty-five, nor 
 more than fifty dollars. 
 
 § 213. — E very company engaged in the manufac- <jas Com- 
 ture of gas without a license for which the sum of 
 one hundred dollars sliall be paid, in addition to 
 tlic tax which may be Icviedon the property so cm- 
 ployed, shall be fined not less than twenty-five, nor 
 more than fifty dollars. 
 
 ^ 214..— Every person, wlio .sliall ,.pLMi a loUciy J^'inV/''"^ 
 ofiice, or sell lottery tickets within tlie limits of the 
 city, without a license, for which two liundrod d«d-\ n 7 
 lars shaU bo paid, shall b(; fined any sum not ex- 
 ceeding fifty ilollnrs. 
 
 1 'J 
 
66 
 
 Free Bankr 
 or B a n ^ 
 
 Agencies. ' 
 
 Brokers o r 
 Exch a u 3 *" 
 Dealers. ' 
 
 Keepers of a 
 Livery Sta- 
 ble shall ob- 
 tain a li-, 
 cense. ; 
 i 
 
 Selliug hor- 
 ses and 
 mules with- 
 out lieensie. 
 
 /" 
 L 
 
 Money paid 
 for 1 i c ensq' 
 to sell horr 
 ses or raulqis 
 refunded |f 
 no sale. ! 
 
 All ])orsons 
 engaging in 
 mercantile 
 business 
 i'hall obtain 
 license. 
 
 Persons sel- 
 ling ti ou r, 
 bacon, Ac, 
 I'rom a wag- 
 on must olj- 
 
 § 215. — Every free bank or bank agency, which 
 shall engage in business u'ithout a license, for whicli 
 one hundred dollars shall be paid, shall be fined in 
 any sum not exceeding fifty dollars. 
 
 § 216. — Every person, who shall engage in busi- 
 ness as a broker or exchange dealer without a li- 
 cense, for which fifty dollars shall be paid, shall be 
 fined not less than ten, nor more tlian fifty dollars. 
 
 § 217. — Every person who shall open a livery 
 stable, or a stable for the sale of horses, mules, or 
 stock of any kind without a license for which fifty 
 dollars shall be paid, shall, after being notified of 
 this section, be fined twenty dollars for each day, 
 such person shall neglect to obtain a license. 
 
 § 218. — Any person, except the proprietor of a 
 livery stable, who shall bring horses or mules to 
 market and offer them for sale without a license for 
 which one dollar, for each animal, shall be paid, shall 
 be fined not less than ten nor more than fifty dol- 
 lars. 
 
 § 219. — If any person having obtained a license 
 according to the terms of the preceding section 
 should carry away any animals, which were brought 
 by him fo market, then one dollar lor each animal, 
 remaining unsold, shall be returned to its owner or 
 his agent. 
 
 § 220. — Every person, who shall sell or barter 
 goods, wares, or merchandise, or keep a cake, can- 
 dy or fruit store, or engage in any mercantile bu- 
 siness, without a license for Avhich twenty-five dol- 
 lars shall be paid, shall, after being notified of this 
 section, be ^ned twenty dollars for eacli day, such 
 person shall neglect to obtain a licence. 
 
 § 221. — Any person, who shall sell from a wag- 
 on or other vehicle, bacon, flour, tobacco or similar 
 articles at retail without a license for which ten 
 
r 
 
 67 
 
 lollars shall be paid, shall be fined not less than tainii(cn?e. 
 live, nor more than twenty dollars. 
 
 § 222. — Every person, who shall pl;iy in llie iiiaying on 
 
 streets on any innsical instrnnicnt. for money witii- siiliii oV.tiTin 
 
 out a license, lor which the sum of ten dollars shall •"'^ ^'conso. 
 
 be paid, shall be fined five dollars for each oftence. 
 
 V § 228. — Every person, who shall keep a tavern Keepers of 
 
 taverns, Jic. 
 
 i or hotel without a license, for which fifty dollars shall obtain 
 shall be paid, sliall be fined not less than llv(\ nor 
 more than fifty dollars. 
 
 /> " 5j 224. — Every person, wlio shall keen a restau- i-'ieensesfor 
 
 . . 1 11 keeping 
 
 rant without a license, for whicli twenty-five dollars Restanrai.' 
 ^ shall be paid, shall be fined not less than five, nor:^ I \ 
 \more than twenty-five dollars. 
 
 / § 225. — Every ])erson, who sliall keep a public J'.iiiiar.i ta- 
 
 hilliard table for hire, without a license for which not'^be ke"pt 
 
 one hundred dollars shall be paid, shall be fined eenso"^^'" 
 
 five dollars for each day such person shall\ | ^ '•^' 
 to obtain a license. ^ 
 
 twenty- 
 neglect 
 
 S 226. — Every person, Avho shall keep a i)nblic license 
 bagatelle or })Ool table, or any other table, or (ainod i. y 
 
 ■in • •,■! 1 ^• r 1 • 1 « owners o'f 
 
 stand for gaming without a license, tor which one public pool 
 hundred dollars shall be paid, shall be fined twenty /f;''^ **•• 
 dollars. J 
 
 § 227. — Every person, who shall keep a pistol ristoi ..';.i 
 gallery without a license, for which fifty dollars 
 shall be paid, shall be fined not less than ten, nor 
 onore than fifty dollars. 
 
 § 228.— Every person, who shall keep a public j';^""';" ,;',', 
 ten pin alley, or alley of like kind without a licen.se, iiaVeiieense 
 for which fifty dollars shall be paid, shall be fined 
 thirty dollars. 
 
 § 220. — All licenses for day laborers, washerwo- Li,.^„,csfor 
 men or barbers, shall expire on the first day of Feb- i^''/^.';*!;^;:: 
 niary, in every year, and shall date from the first ''^rs. 
 day of February, May, Augnst or November: and the 
 
r,8 
 
 applicant for sTicli a license aliall pay in proportion 
 to the time the license will continue. 
 
 CHAPTER XVIII. 
 
 MAGAZINE. 
 
 Clerk of tiie ^ 230.— The City Council shall appoint annually 
 
 .Magazine. ••■ *' >■ ^ -' 
 
 a clerk of the magazine. 
 Clerk shall R 231. — The clcrk of the macrazine immediately 
 
 givpa bond, '^ _ _ _ ° _ _ -^ 
 
 •tc. after his election, shall give a bond with sureties 
 
 lor one thousand dollars for tlic foithful perform- 
 ance of the duties of his oflEicc. 
 Salary of the § 232. — The City Couucil, shall fix a salary for 
 ^ '"'''" the clerk of the magazine, at the time of his elec- 
 
 tion, which shall not he increased or diminished 
 ' during the term of his office. 
 T h e Clerk § 233. — Thc clcrk shall keep his office near the 
 i-iis office. centre of the city, and lie shall, at all hours be- 
 tween sunrise and sunset, receive powder into the 
 magazine, or deliver it from the magazine accord- 
 ing to the request of the owners or their agent. 
 A tax upon § 234. — A tax of twenty-five cents upon every 
 keg, and fifteen cents for every half keg of powder 
 stored in the magazine, shall be collected by the 
 clerk on the delivery of thc powder to its owner. 
 The tax § 235. — Tlic taxcs SO collcctcd, shall bc paid over 
 to the^Trea" ^" ^^^^ ^'^^7 trcasurcr by thc clerk of the magazine, 
 " '"^ '■• who shall render an account of tlio money obtained 
 
 ;it any time thc City Council may i-cquirc him so to 
 do. 
 The Clerk § 23G, — The clcrk of the magazine neglecting 
 hi"l'^ciutie^ 01' refusing to discharge his duties promptly, shall 
 discharged. ^)J~^ oonviction liefore the City Council, be fined ten 
 
60 
 
 dollars, or be dismissed iVoni his ofiice, or bo iined 
 and dismissed accordiiip; to the discretion of the 
 City Conncil, 
 
 ^ Sol. — hvery person who shall l^eep more than shaU keei> 
 one keg of powder in his store, or in any place, o^^J^oK^'of 
 other than the City Magazine, shall on conviction, powd*'!-. 
 ho lined twenty dollars Tor ovi'vv rnch nflViu'e. 
 
 CHAPTER XIX. 
 
 -MAP.KET, :\IEASITRES ANI> SCALES. 
 
 § 238.— The Market shall he divided into stalls, 
 which shall he nnmbcred and rented to the highest 
 bidder for cash, at twelve o'clock, 51., on the first 
 Monday in the month oi" February, of every year ; 
 but in no case shall the stalls be rented at less than 
 the following rates: for each of the four butcher's 
 stalls in the cast end of the market, one hundred 
 dollar.s ; for each of the four stalls in the middle 
 of the market, eighty dollars ; for each of the stalls 
 for the sale of vegetables, twenty-five dollars , and 
 for each cofi'ee stand, fifty dollars. 
 
 § 230. — Any person renting more stalls than arc 
 necessary for carrying on his or her business, shall 
 not have the power to underlet such stalls, and shall 
 be fined ten dolUrs ior each day such ]ier8on shall 
 retain control of the stall. 
 
 § 240. — The City Council, at its lirst meeting in 
 the month of February, of each year, shall elect a 
 Market Clerk, who shall remain in ofiice for the 
 space of one year, unless sooner dismissed by the 
 City Council. 
 
 The M a r- 
 ket shall he 
 divided into 
 stalls, and 
 rented a n- 
 nuallv. 
 
 TJie stalls 
 shall not be 
 reuted f o r 
 less than 
 one h u n- 
 dred d o 1 - 
 l.irs, &.C. 
 
 Xc) ]ieerson 
 shnll rent 
 liiore stalls 
 than are 
 neces s a, ry 
 for hJH b\i?i- 
 ncss. 
 
 M n r k c t 
 Clerk. 
 
70 
 Salary of § 241.— The City Council clectinoj the market 
 
 the Market o j o 
 
 Clerk. clerk shall fix the amount of his salary before his 
 
 election, and it shall not he diminished during his 
 
 term of oflice. 
 / 
 Ma r k e. t s 242. — Market liours shall hesrin half an hour 
 
 hours. , ^ . 
 
 before daylight, and end at nine o'clock, A. M., 
 from the first day of October until the first day of 
 April ; and half an hour before day-light, and end 
 at eight o'clock, A. M., from first day of April till 
 the first day of October of every year, but on 
 '\ every Saturday, the market shall remain open 
 all day. 
 The Clerk K 243. — The clcrk of the market shall remain 
 
 shall remain "^ . i *" i 
 
 there during there duriug market hours,, regulate the weights 
 
 hours. and measures according to the standard adopted by 
 
 the city, decide all disputes between buyers and 
 
 sellers, and collect the fees accruing to the city 
 
 from the market. 
 
 General su- K 244. — The clerk shall cxcrcisc a iTcneral super- 
 
 )>erinte n d- "^ . 
 
 ence of the visiou ovcr the market , and he is hereby author- 
 market. &c. , 1 /> T ~ •^ r 
 
 ized to arrest all persons who tight, or are guilty oi 
 any indecent or disorderly conduct. 
 
 The Clerk § 245. — The clerk, for the purpose of preserving 
 peace. peace and good order, is eiupowered to call upon 
 
 any citizen to aid him, and any person refusing his 
 assistance^ shall on conviction be fined five dollars. 
 Vehicles and § 246. — The clerk shall exclude from the mar- 
 be excluded ket square during market hourS;, all vehicles or 
 keTsqiTam animals not bringing provisions for sale, and shall 
 kill all dogs near enough to annoy or injure per- 
 sons attending market. 
 Unsound § 247. — The clerk shall condemn all unsound and 
 provisions. ^^j^^y^Qi^gQ^^e provisions brought to the market for 
 sale, and have them immediately removed and des- 
 troyed ; and any person resisting or disobeying the 
 
71 
 
 clerk, shall on conviction lie fiiicd not exceeding; 
 twe n ty-fi ve doll ars . 
 
 5j 248.— Any person, who shall durinir market No i.crs<ni 
 hours hnv ])rovisions for thepnriiosc of siieculatint:;, |^ '^ * siinii 
 
 " '■ ' ^ ' _ ' buy ])rovi.-i- 
 
 shall bo reported by the Clerk, and, on conviction, ion a for 
 
 • " 1 A< speculation. 
 
 .shall be iined twenty dollars for each oiicnce. 
 
 § 249.— Any i)erson, who shall hawk about the JJ^^.n^*,"'^;:',! 
 
 streets, or sell fruit, vciretables, poultry, efrcrs, or vegetables 
 
 table su[)plies after nine o'clock on tSunday, shall streets on 
 
 Sunday. 
 
 be fined ten dollars. 
 
 ^ 250.— The clerk shall in'cvcnt tlic obstruction The s i .1 e- 
 
 ■^ . '■ walks sball 
 
 of the side walks, and allow all })ersons an ojipm-- n.)t be ob- 
 
 , ,.. , . - , 1 11 1 stnicted. 
 
 tunity or selling their produce ; he shall also per- 
 mit those first arrivinj;' to choose their ])lace on the 
 market stjuare. 
 § 251.— The clerk shall rins,^ the market bell for TiiocWeof 
 
 • ^ 1^ - f 11 market 
 
 at least one minute at the close oi market hours, house. 
 and shall have the market house except tlie rented 
 stalls swept^ and kept in good order. 
 
 § 252. — At the close of the market hours, the The market 
 lessees of the stalls, shall have the stalls, benches, bctiioroui^h 
 tables, cutting blocks and .scales swept, scraped and '-^'^ '"""^ " 
 thoroughly cleaned, and an}' lessee violating this 
 section, shall be reported by the clerk, and on con- 
 viction, shall be fineil five dollars. 
 
 § 253. — If upon the complaint ol anv person, Misconduct 
 
 of t Ji e 
 the clerk shall be convicted of neglecting his du- Clerk. 
 
 ties, or showing partiality, or making an unjust 
 
 order to any one, or iailing to execute the laws 
 
 governing the market, he shairbe fined twenty-five 
 
 dollars or dismissed, according to the discretion of 
 
 the City Council. 
 
 § 254. — All measures, vci'rht.s, and balances, M'-asnres, 
 
 ' . . > o ' 5 weights, Ac. 
 
 used in the city, shall conform to the standard 
 adopted by the State, and a conijilete set of thcin, 
 shall be kept by the city clerk. 
 
7L> 
 
 conformin"' ^ ^^^' — ^very pcrsou, Selling or buying by mea- 
 to the stand siires, weight or balances, not conforming to the 
 standanT Jibove mentioned, sliall be fined five dol- 
 lars for each offence. 
 
 Personsivau ^ 250.— Every person, who shall iVaiidulentlv 
 
 d u 1 e u 1 1 y -^ ^ . . . . 
 
 using false use faLs8 measuros, weights, or balances, in buying 
 ed. ' ^ or selling, shall, on conviction^ be fined fifty dollars. 
 False mark, v 257.— ^Anv person, who shall sell any article of 
 
 brand, Ac. "' „ i ■ ^ j ^ 
 
 mcrcliandise by a false mark, brand, number or de- 
 vice, or knowingly sell falsely packed flour or su- 
 gar, or other, artipleSjSlifj,|t,,onc9ijyiction be, j^r«3d 
 iifty dollars.- 
 we^^^h^u ^258.— -Thf , .ic^rk or marshal, ;it the re- 
 &^°'Tvdrv <^l^:ipst of a citizen, shalj test, Jan j^/ measure, weight 
 standard. ,;,. 'balauce by the city standard, and brand it with 
 ..ome uniform letter or device for Avhich service the 
 clerk or marshal shall be paid fifty cents, 
 r 11 h 1 i e 15.259. — The City Coimcil .sliall provide suitable 
 ^°'^" '■ scales and weights for the use of the public, upon 
 
 which, at the request of any person, shall be weigh- 
 ed articles of produce or merchandise by the public 
 weigher. 
 
 tef^hci^. ' " § 260.— The Oity Council shall apijoint annually 
 a public weigher and pay him a salary which shall 
 not be diminished during his term of office. 
 
 pubT\c § 2r»l. — The public weigher shall give a bond 
 Tveigher. ^^.j^]^ g^^^^^l sureties in the sum of three thousand 
 dollars for the faithful performance of his duties ; 
 ibr the delivery of all money collected by him to 
 the City Treasurer, and for the payment of all 
 damages incurred by any person on account ot Isis 
 negligence or carelcR.sncfis in tlio discharge of liis ilu- 
 ties. 
 Thooath of s 2G2. — Before entering upon the duties ol his oi- 
 
 1)UD1iC <j -l 
 
 v.-eighpr. fice,tlie public weigher, in addition to his bond,sl-,al i 
 make and subsciibe the following affidavit, whi.h 
 
73 
 
 be filed with tlie City Clerk : " I do solemnly 
 
 swear that I will discharge the duties of public 
 weigher of the city of Montgomery, to the best of 
 my ability, and will show no partiality during my 
 term of office. 
 
 § 263. — The public weigher shall keep the scales Tj>c duties 
 and apparatus m good condition, and weigh with- lie weigher, 
 out delay, coal, lime, bacon, corn, fodder, oats, hay, 
 and any produce or merchandise brought to market, 
 and sold by weight or measurement from w^agons 
 or other vehicles on the streets ; for which he shall 
 be paid by the purchaser of the articles the follow- 
 ing rates, viz : For every load on a vehicle with 
 four wheels, drawn by four or more animals, fifty e d for 
 cents ; for every load on a vehicle with four wheels ^^'^ '"^" 
 drawn by any number of animals less than four, 
 twenty-five cents ; for every load on a vehicle with 
 two wheels, drawn by any number of animals, twen- 
 ty-five cents. 
 
 § 264. — The public weigher, wlien required by '^'^®. PV''''^ 
 
 / o J 1 .'weigher 
 
 the City Council or Mayor, shall examine any or all » h a n i n - 
 measures^ w'eights, scales or balances, used in the uros, we'hts 
 city, in the sale or purchase of goods, wares, and '"'"'^ scales, 
 merchandise, and report any variance from the 
 city standard to the Mayor, and any person refusing 
 to produce his or her measures, weights, scales, or 
 balances for inspection or interrupting the weigher 
 in the discharge of his duty, shall be fined fifty 
 dollars. 
 
 § 265. — No person shall erect public scales on N« pe"<"> 
 
 " ^ ^ pliall Koop 
 
 any of the streets, and every person who shall keep public 
 public scales or weigh for the public any merchan- ,,„'i license, 
 disc or produce except cotton, sold from wagons or 
 other vehicles on the streets, without a license, for 
 which twenty-five dollars shall be paid shall be fined, 
 not loss than five, iKir UKtrc than twenty-five <lollar8. 
 
 10 
 
H 
 A white s 266. — Every licensed weiglier shall keep at all 
 
 person shall . *' ^ ° ^ 
 
 avvays b e timcs between sunrise and sunset of ea day, Sun- 
 
 a t t h e 
 
 scales. day excepted, a competent white person in attend- 
 
 ance on the scales, and any one violating this sec- 
 tion, shall be fined twenty dollars. 
 
 i^oi'ghe.t § 267.— Every licensed weigher shall be author- 
 
 charges. jgicd to charge and collect the same rates, charged 
 by the j)ublic weigher of the city, and any one vio- 
 lating this section, shall be fined fifty dollars. 
 
 The weight § 268. — Every bushel of shelled corn sold in the 
 
 of corn. • n ^ ^ r> 
 
 City from the first day of December till the first 
 day of September next thereafter, shall contain fifty- 
 six pounds ; every bushel of corn in the ear, sixty- 
 four' pounds, and every bushel of corn in the ear, 
 not husked seventy -three pounds ; and from the 
 first day of September until the first day of Decem- 
 ber next thereafter, every bushel of unhusked corn 
 shall weigh seventy-four pounds, and every bushel 
 of husked corn in the ear, sixty-five pounds ; any 
 licensed weigher, violating in any manner this sec- 
 tion, shall be fined twenty dollars. 
 
 CHAPTER XX. 
 
 NUISANCB. 
 
 Tanyany § 269. — Evcry person, who shall make a tan- 
 yard, slaughter house, or butcher pen, or engage 
 in any business which will injure the adjoining 
 property, or affect the health or comfort of the peo- 
 \ pie, shall be fined twenty dollars for each day the 
 nuisance shall continue. 
 
 Failing to § 270. — If the owner of the nuisance shall fail 
 miisan.e. 1o remove it, tlie City Council shall order it to ba 
 
75 
 
 abated ut the cost of the person causing the nui- 
 sance. 
 
 § 271. — If the person causing the nuisance be ii thf> por- 
 
 insolvent or unable to pay the cost of its removal, "rpn(,*Vi"Hb- 
 
 or absconds, tlicn the cost of abating the nuisance, cost'l^f re^ 
 
 shall be taxed against the property on Avhich it }j"°^axc||'^" 
 was situated, and be collected at tlie same time, and 
 in the same manner as the annual taxes. 
 
 CHAPTER XXI. 
 
 PAUPERS. 
 
 § 272. — Every one who shall bring or cause to be shaii^bHn" 
 brought to the city^ a person having no means of vagrants "^to 
 support, and unable or unwilling to work, with the ^^'^ ^^^y- 
 intent of making such person a charge upon the 
 city, or on the charity of the citizens, shall be fined 
 not exceeding fifty dollars for each day, such pau- 
 per or vagrant shall remain in the city. 
 
 § 273. — Every slave or free negro, who shall frecncgroes 
 violate the foregoing section, shall receive not ex- foregoing 
 ceeding fifty lashes. '^"*^^'""- 
 
 § 274. — Every pauper, vagrant, and idle or dis- All pauj.ora 
 orderly person of evil life, or ill fame ; every per- persons Fh'ii 
 son, who has no fixed place of residence, and no fo*r tllc^M.^V 
 visible means of suppvnn, and every person, who 
 begs or loiters about the streets or other public 
 places, shall be arrested, and carried before the 
 Mayor_, who shall order him or her to leave the city, 
 and if, at the expiration of twenty-four hours there- 
 after, such person shall be found in the city, he or 
 she shall be fined not exceeding fifty dollars. ' ' ~~ 
 
 or. 
 
76 
 CHAPTER XXII. 
 
 POLICE, PATROL AND PKISONS. 
 
 Til jwiice of § 275. — The police force of the city shall consist 
 of the City Marshal^ Deputy Marshal, and as many 
 assistant policemen as the City Council may deem 
 necessary to elect. 
 
 P '' "" VUi § 27G.— The City Council, at its lirst raeetins in 
 
 Council sli II "^ J } & 
 
 elect a mar- every year, shall elect a city marshal^ who shall re- 
 ceive a salary and continue in office for the term of 
 one year. 
 
 S^marshaiV" § 277.— Before entering upon the duties of his 
 office, the marshal shall make and subscribe the 
 following affidavit, which shall be filed with the 
 
 city clerk ; "I do solemnly swear or affirm that 
 
 I will well and truly discharge the duties of mar- 
 shall according to the laws of the city to the best of 
 my ability." 
 
 The bond of "^ s 278. — The marshal, immediately alter his elec- 
 
 the marshal. _ ' '' 
 
 I tion shall give a bond with sureties, which shall be 
 I filed with the city clerk, in the sum of one thousand ^ 
 \ dollars for the faithful performance of his duties. )^ o 
 shai^s^a/i § 279. — The marshal shall patrol the streets at 
 streets, Ac. '^ all reasonable hours, preserve the peace, and arrest 
 
 yall persons, violating any law of the city. 
 ThaTrfe^-^/^ § 280.— The marshal shall execute every sum- 
 cuteaiipro-;' mons or process, issued by the City Council, or the 
 
 cesses. f ■■- ' j j j 
 
 ^ Mayor, or under the authority of the Mayor or City 
 \ Council. 
 
 fhaif^ass^t/ § 281. — The marshal may command the citizens 
 
 shid ^^^^' ^^ ^^^ ^^^ ^"^ ^^^ enforcement of the laws, or in the 
 
 \ arrest of persons, violating the laws of the city, 
 
 \ 
 
;iii(l ;iny person, refusing to give such assistance, 
 shall on conviction hefore the Mayor or an Alder- 
 man, he fined in the sum of ten dollars. 
 ^ '§ 282. — The marshal shall examine the streets, 
 report their condition and superintend puhlic works 
 when required to do so, hy the City Council ; he 
 shall also act as clerk of the market, whenever that 
 office shall he vacant. 
 
 vj 283. — The marshal shall have the market hell 
 rang at nine o'clock, P. M., and see that the watch- 
 men perform their duties, according to the laws of 
 the city. 
 
 § 284. — The City Council shall designate one of 
 the persons elected, as the captain of the police ; 
 and all the policemen shall take an oath for the 
 faithful performance of their duties. 
 
 § 285. — No person not a permanent resident in 
 the city, shall he elected a policeman. 
 
 § 28G. — The policemen shall be under the con- 
 trol of the mai'slial, and shall assist him at all 
 times to enforce the laws of the city. They shall 
 act as watchmen at night, and perform such duties 
 as may be required, and shall receive each month 
 for their services such compensation as the City 
 Council may appoint. 
 
 § 287. — The marshal sliall communicate his or- 
 ders to the captain of the police, and require him 
 to report daily the conduct of the men under his 
 command ; and the marshal shall forthwith report 
 all cases of neglect of duty to the Mayor or City 
 Council. 
 f § 288. — TIjg Mayor shall, from time to time, in- 
 struct the policemen as to their duties under the 
 laws of the city. 
 
 T Ii c lAl a 1- 
 sliul Rliall 
 examine the 
 sti^ets. 
 
 Tho M a r- 
 sbal shall 
 li a V c f h II 
 market bcU 
 rang. 
 
 Ca]itain o f 
 Police. 
 
 Policemen. 
 
 Policom c n 
 mulor rom- 
 iiiaud of the 
 Marshal. 
 
 Cnjitain o f 
 Police sliall 
 report daily 
 
 InntructioDi 
 of the p o- 
 lircmcn. 
 
78 
 Policemen / § 289. — The marshal shall keep an account 
 
 shall receive . , ^ '• 
 
 no wages/ of the time any policeman under his control, ftiils 
 sent. i to perform his duties, and during the time of such 
 
 \ negligence or absence from his post, he shall re- 
 ceive no wages. 
 «.,e,.w.; .„c''' ^ 290. — The policemen, acting as watchmen, 
 persons. ^ shall arrcst all suspicious and disorderly persons, 
 / and commit them to the guard-house or keep them 
 in custody till morning, when they shall be carried 
 before the Mayor or an Alderman, and be punished 
 according to the provisions of the law they may 
 .^^ have violated. 
 Slaves to R 291. — The policemen shall enter any place 
 
 gamble or ■*■ 
 
 drink, <tc. where they suspect slaves or free negroes resort to 
 gamble or drink, and shall arrest all disorderly 
 slaves'or any slave absent from his or her owner's 
 or master's lot without permission, after half- 
 past nine o'clock, P. M., and commit them to the 
 guard-house until morning. 
 No person § 292. — Every pcrsou, who shall forcibly resist 
 an officer, the marshal, or any policeman in the discharge of 
 his duty, shall be fined not less than twenty, nor 
 : more than fifty dollars, and in default of payment 
 of the fine, he shall be committed to the guard-house 
 until such fine is paid, but in no case shall such im- 
 ■ prisonment exceed thirty days. 
 
 § 2^. — Any persons, who shall interfere or at- 
 
 /tempt to interfere with the marshal or a policeman 
 
 f in the discharge of his duty ; or shall attempt to res- 
 
 \ cue a person, arrested by an officer of the city ; or 
 
 I shall assist a person to escape from custody, shall be 
 
 \ fined not less than ten, nor moret han twenty dollars- 
 
 \ § 294 .—Whenever the City Council, shall deem it 
 
 Patrol, Ac. proper, the city clerk shall enroll all the male citizens, 
 
 between the ages of eighteen and forty-five years, 
 
 who shall constitute the patrol guard. 
 
T9 
 § 295. — The names of the persons enrolled, shall Names of 
 
 •' . persons en 
 
 be placed in a box on separate pieces of paper, and rolled, 
 as many names daily drawn therefrom by the May- 
 or or an Alderman, as may be necessary for a pa- 
 trol the ensuing night ; and if any person whose 
 name shall be drawn be absent, or objectionable, 
 such name shall be returned to the box, to be drawn 
 when the person can serve. 
 
 § 296.— The Mayor or Alderman drawing the pe*r son's 
 patrol for any night, shall make a list of the names, '•'""^^v"- 
 state the time and i:)lace of the meeting of the pa- 
 trol, and sign his name to it. 
 
 § 29V.— The marshal or a policeman, shall notify Se*' person 
 tlie persons constituting the patrol^, at least five f'^-'^wn. 
 liours before the time of meeting ; and any person 
 liaving neither an excuse nor providing a substi- 
 tute, who shall fail to appear and serve, shall be 
 fined two dollars and costs. 
 
 § 298. — The person drawing the patrol, shall shlTii^ap*^- 
 appoint one from the number drawn, to act as cap- J!^/,"''^^^*'^' 
 tain, who shall command the patrol, and report 
 any one of the patrol for neglect of duty, disobedi- 
 ence of orders or for riotous and disorderly conduct. 
 
 § 299. — Any person, who shall fail or refuse appofn?c!i 
 without a good excuse to act as captain when ap- rcFiSo act 
 pointed by the Mayor or an Alderman, shall, on 
 conviction, be fined five dollars. 
 
 § 300.— Every one of the patrol, reported for Jufy''^ " ^ 
 neglect of duty, disobedience or disorderly conduct, 
 .sliall, on conviction, be fined fyvc dollars. 
 
 § 301.— The patrol shall walk through the streets B^*aiTVa*troi 
 during tlie whole night for wliich they were ap- *•''« "^'■<'**- 
 pointed, preserve good order and arrest all per- 
 .sons, disturbing the peace of the city, and shall 
 have the authority, and perform all flie duties of 
 
80 
 
 tlie regular policeraea, and any person failing to 
 do SO;, shall on conviction, be fined five dollars. 
 prTonTd'in § 302.— All pcrsons committed to prison by the 
 t h e guard Mavor or an Alderman, by the marshal or captain 
 
 house. '' ... 
 
 of the police or patrol, shall be imprisoned in the 
 gnard-honse, unless the Mayor or an Alderman 
 shall, by special warrant in writing, otherwise di- 
 rect. 
 The marshal § 303. — The marshal shall have charge of the 
 ten '^dollars ^^^'^' prisous, and of the persons imprisoned therein, 
 for ever}' and shall receive two dollars for every arrest and 
 
 arrest, &c. • i • n i 
 
 commitment to prison ; but if the person arrested 
 be acquitted, the marshal shall receive nothing. 
 Eemovai of § 304. — The City Council shall have the power 
 
 officers of , /v> /• ji -^ 
 
 city. to remove any omcer oi the city. 
 
 City officers/ § 305. — Any officei, who shall purchase city 
 
 purchasing,.' gcrip or Warrants ; or shall loan or use, on his own 
 
 city Sherifr, ••■ ' ... 
 
 '*=c. , account, money belonging to the city ; or shall di- 
 
 j rectly or indirectly buy any property sold by the 
 
 \ city clerk, or by any other person on account of 
 
 \ taxes due the city may, according to the discretion 
 
 of the City Council, be removed from office. 
 
 CHAPTER XXIII. 
 
 RETAILERS. 
 
 ?pfr1tu'ou8'^ § 306.— Every person, who shall retail .spiritu- 
 iiquors. Q^^g QY yinous lif[uors in a less quantity than one 
 
 quart, or suffer it to be drank on his or her premi- 
 ses without obtaining a license from the City Coun- 
 cil, for which five hundred dollars shall be paid, 
 > shall be fined not less than twenty-five, nor more 
 ' than fifty dollars for each offence. 
 
81 
 § 30*7.— Every person, who shall retail porter, Retailers of 
 
 '' J i } ^ i. ' ale beer, Ac. 
 
 ale, or lager beer in a less quantity than one quart, must obtain 
 
 „ . Ill 1 • • 'ii a license. 
 
 or sutler it to be drank on his or her premises with- 
 out a license granted by the City Council,, for which 
 two hundred and fifty dollars shall be paid, shall 
 be fined not less than twenty-five, nor more than 
 fifty dollars for each ofience. 
 
 § 308.— The applicant, before obtaining his li- J'J'; "Jjjj,,';'. 
 cense, shall take and subscribe before the Mayor or ^•?"*' for a 
 
 ' _ •' license. 
 
 an Alderman tlic followiiio; affidavit : "I do 
 
 solemnly swear that I Avill not sell any vinous, 
 spirituous or malt liquors to, or sell to, or purchase 
 from, any slave any article or commodit)'" without 
 the permission of the owner, master or overseer of 
 such slave ; and that I will not knowingly suifer 
 the same to be done by n\\ partner^ or clerk, agent, 
 or any other person, upon, or about my premises, 
 if in my power to prevent the same, and I will not 
 allow any gaming of any kind to be carried on, on 
 or about my premises, if in my power to prevent 
 the same ; and I will not violate directly or indi- 
 rectly, by resorting to any device, or permit on my 
 premises the violation of the laws of the city in re- 
 lation to retailers." The affidavit must be filed in 
 the office of the city clerk. 
 
 §309. — Every license, issued to any person to Ljcenie 
 retail spirituous, vinous, or malt liquors in a less mustde- 
 
 ^ ' ^ scnbo the 
 
 quantity than one quart, must describe the house r'ace, ie. 
 or place in wliicli tlie business will be carried on, 
 and must set forth the name of the person to whom 
 the license was issued : and for any otlier place or 
 person, the license shall be void. 
 
 § 310. — No liccn.se, granted to a retailer of spir- No licmse 
 ituous, or vinous or maltliquors, shall be transferred; fcrrcd, Ac. 
 nor shall any person retail spirituous, vinous, or 
 malt liquors in two ])lace8 under one license ; any 
 
 n 
 
. 8- 
 
 13erson violating this section, shall l)e fined fifty 
 dollars. 
 A retaiie / | 31] . — An V retailer ofspirituous, viuoiis, 01' malt 
 
 perraitti n g/ ^ " -■- ' ' 
 
 gainin|^„( 7 liquors, or keeper of a public house, who shall per- 
 f^ j mit gaming of any kind contrary to the laws of the 
 fy \ State on his or her premises, shall be fined fifty 
 \ dollars. 
 
 A \retaiier § 312. — The City Council shall revoke the license 
 q u 0^1^ t'o of <i retailer, who shall be convicted of selling li- 
 quor to slaves, or permitting slaves or free negroes 
 to gamble on his, or her premises. 
 No retailer § 313.—-j5very retailer ofspirituous, vinous or malt 
 shall permit liq.uors, who sliall permit any person on his premi- 
 duct^^^°^' ses, by loud singing, shouting or riotous conduct, 
 or in any manner to disturb the neighbors, shall be 
 fined not less than ten nor more than fifty dollars. 
 No retailer § 314. — Everv retailer, who shall permit gam- 
 
 siiallpermit " . inn 
 
 gambiiug, olmg on his premises, or wiio shall sell, or m any 
 articfe Tn manner dispose of spirituous, vinous or malt liquors, 
 the Sabbath. ^^ ^^^^ ^^^^^ ^^^r^^^Q on the Sabbath, shall be fined 
 not less than ten nor more than fifty dollars for 
 each ofi;ence. 
 License of a § 315. — Tlio licenso of any retailer, violating 
 ii^iiTed!' ^^ either of the two preceding sections may ho annull- 
 ed by the City Council. 
 
 fiquSs^^are^ § 316.— Every house in which spirituous, vinous 
 sold ami to or malt liquors are sold, retailed, or given away, 
 
 which slaves ■■- ^ o ,/ ? 
 
 or free ne- which is habitually resorted to by slaves or free 
 
 groes resort i • i i 
 
 negroes, or about which, slaves or tree negroes as- 
 semble or loiter, shall be considered a public nui- 
 sance. 
 The keeper ^ o^^^ — ^^y person, keeping such a house, shall 
 
 of s u c li a - • J L ^ J. o 
 
 house shall 1)^ fined fifty dollars on the first conviction of the 
 
 bo fined. '' , . . 
 
 offence, and if convicted the second time of the 
 offence, shall not only be fined fifty dollars, but 
 shall forfeit the license granted. 
 
83 
 
 § olS. — No conviction of tlic offence defined and ^^^ f^onviC- 
 punislicd in the two foregoing sections, shall be madeexoej)t 
 safFered, unless evidence is given by three or b"cfJhara!'-'^ 
 more respectable witnesses, that the reputation of ^'''■• 
 the house, or the keeper thereof, for illegall,y tra- 
 ding with slaves, is bad. 
 
 CUAPTER XXIV. 
 
 SLAVES AND FREE NEGROES. 
 
 § 319. — Every slave, who shall reside or sleep in ^,^,,^^^7° 
 
 / . , shall reside 
 
 any enclosure, dwelling-house or other building or sleep in 
 
 . ^ . an o n c 1 0- 
 
 not upon the premises occupied by the owner, sure apart 
 agent or person representing the owner of such owner. &c. 
 slave, shall on conviction receive thirty-nine lashes, 
 unless the owner or hi^ representative, will pay a 
 fine of five dollais. 
 
 § 320. — Every owner, or employer, or person oVempioyer 
 representing the owner of a slave, who shall per- "/ /?■ ^^'>^" 
 
 i *=> ' ^ sliall p e r- 
 
 mit such slave to reside or sleep on premises con- ")'•■ '"'"' *" 
 
 ■^ ^ _ _ sicoji away 
 
 trary to the provisions of the preceding section, fromhisiol. 
 shall, on the first conviction of having violated the 
 said section be fined not less than ten, nor more 
 than fifteen dollars, and on every subse([uent con- 
 viction, five dollars for each day the violation of 
 the law shall continue. 
 
 § 321. — Every person, who shall let, or rent a No person 
 lot, house or room to a slave, within the limits of lot or house 
 the city, shall be fined not exceeding fifty dollars, 
 for each offence. 
 
 § 322. — Every slave, or free negro, who shall N'osltTeor 
 keep a shop or stall for the sale of beer, cakes, nbaiikotpa 
 
84' 
 
 shop o r fruit, soda water or any other article, uii his or her 
 own account, or for the benefit of another person, 
 shall on conviction, receive not more than thirty- 
 nine lashes, and shall be imprisoned till the officer's 
 fees are paid. 
 Slaves or § 323. — But nothing in thiw chapter shall be so 
 !lirv"?Jep construed as to prevent a slave or free negro, from 
 a barber ]j;eeping a barber shop, provided a license be obtained 
 from the Mayor, for which, ten dollars shall be paid 
 for each person employed in the shop as a barber. 
 No person § 324. — Any persou, having control of a slave, 
 rskve^shau who shall permit such slave to keep a sliop or stall 
 permit such f^^ auv purposc whatever, shall, on conviction, 
 
 slave to keej:) ./ i i ' ' 
 
 a shop or "be fined in any sum not less than ten, nor more 
 
 stall. ^ 
 
 than fifty dollars. 
 No person § 325. — Every person, v^^ho shall hire or employ 
 slave by the a slavc to work by the day, who is not regularly 
 fic'ensed!''' licensed by the Mayor, shall be fined not exceeding 
 
 five dollars. 
 No person § 326. — Every person, having the control of a 
 mitted^ ^t^o slave, who shall permit such slave to work by the 
 oTt a^'i i- day for wages, or to hire his or her own time, with- 
 eense. ^^^ a liceuse from the Mayor, shall be fined not ex- 
 
 ceeding twenty dollars. 
 Slave caught § 327. — Evcry slave caught at night ofi'the pre- 
 
 ofF owner's 
 
 lot. mises of the owner, master, or person representmg 
 
 the owner of such slave, without a written permis- 
 sion, thirty minutes after the ringing of the nine 
 o'clock bell, shall be punished by the marshal, with 
 not more than twenty stripes, or be confined in the 
 guard-house till morning. 
 
 The owner ^ 328. — The marshal, at an early hour of the 
 
 shall be in- '^ „ . , , , . pi 
 
 formed of day, shall lutorm the owner or his agent oi the con- 
 
 onment^"^ finemcut of the slave, and upon the payment of 
 
 one dollar to the marshal for the use of the city, 
 
 the slave shall be released, if the owner or agent 
 
85 
 
 refuse to pay the marshal one dollar, as aforesaid, 
 tlie slave shall receive not exceeding;' twenty stripes, 
 and he discharged. 
 
 § 329. — If the owner, or employer of the slave ntheown- 
 
 "' _ '. erbea 
 
 he a non-resident of (Iw city, 1 he marshal shall non-resi- 
 confine the slave for loi ty-eight hours in the guard- '„^^a r s h LI 
 house, and receive the same rates for feeding the the siave*h*i 
 slave, that is allowed to the jailor of the count3^ J^'^- 
 Upon the expiration of forty- eight hours, unless 
 some person controlling the slave appears and 
 claims him or her, the slave shall he committed hy 
 the marshal as a runaway, to the county jail. 
 
 § 330. — Every slave, who shall own a cart, dray, shai'i owa^a 
 or other vehicle, a horse, mare, gelding, mule, ox, *'''^^' ^^' 
 hog, or dog, within the limits ot the city, shall, on 
 conviction, be punished with not more than thirty- 
 nine stripes, unless the owner or person controlling 
 the slave will i)ay a fini.^ of ten dollars for each 
 oftence. 
 
 § 331. — Any person, controlling a slave, who coivtrourng 
 shall permit such slave to keep a horse, mare, geld- not'^^peVmit 
 ing, mule or ox, within the limits of the city, shall a'hJr^el^'^^^' 
 he fined ten dollars, for each offence. 
 
 § 332. — Everv slave or free negro, Avho shall ^ « ""^s^'o 
 
 . , ■ , . . , shall fight 
 
 light, quarrel, use abusive, indecent or profane Ian- or use inde- 
 
 , • • -i . • ii • cent 1 a n • 
 
 guage, or act in an indecent manner in the view or guage.i 
 hearing of a white person, within the limits of the 
 city, shall, on conviction, receive any number of 
 lashes not exceeding fifty. But this penalty may 
 he avoided by the payment of any sum not exceed- 
 ing fifty dollars, according to the discretion of the 
 Mayor or Alderman, before whom the offender may 
 be carried. 
 
 § 333. — Every slave or free negro, who shall bet x o negr.. 
 at cards or dice, or play any game at which money hic. 
 
80 
 
 or any article of value is wagered, shall, on convic- 
 tion, receive not exceeding fifty lashes. 
 No slave & :;34. — Every slave or free negro, avIio is i)res- 
 
 snallbe • a > i 
 
 whenothers ^^^^ wlicrc sUivcs or frcc ncgrocs are playing at any 
 gamble. game for money, or any other valuable article,' 
 
 shall, on conviction, he punished with not more 
 
 than thirty-nine stripes. 
 
 N o white § 335. — Ever)^ white person, who shall he pres- 
 
 person shall j i i r n • j. 
 
 b 6 present t)nt where slaves or iree negroes are playing at any 
 ^rolT sam- g^™G for moncy or other valuable property, shall, 
 bie- on conviction, be fined not less than tv/enty-five, 
 
 nor more than fifty dollars. 
 
 Any negro § 33G. — Evcry slavc or free negro, who shall 
 smoke hi the smoke a pipe or cigar in the streets, or carry a club, 
 streets, &c. jjtick, or any kind of weapon, shall, on conviction, 
 be punished with not exceeding one hundred 
 stripes. 
 No negro § 337. — i^very slave or free negro, who shall 
 bor a runa- conccal or liarbor a slave or write or furnish a pass 
 ways ave. ^^, "free papers" to a slave, shall, on conviction, be 
 punished with not exceeding fifty lashes on the bare 
 back. 
 Slaves may § 338. — On the application of a citizen who is 
 tJ^woT'by the owner of the slave, the Mayor shall grant a li- 
 tho day. censc to sucli slavc to hire his own time by the day, 
 for the purpose of cutting or sawing wood, and 
 sweeping or cleaning bed-rooms and offices^ and do- 
 ing such other jobs as may add to the comfort of the 
 citizens. 
 License for e 339.— On the payment of five dollars for a 
 
 negroes. "^ ■■■ "^ 
 
 washer-woman, and ten dollars for any other labor- 
 er, the owner shall receive a badge with the num- 
 ber of the license, engraved or painted thereon, 
 Avhich shall be worn on a conspicuous part of the 
 slave's dress. 
 
S7 
 
 §. 340.— The Mayor shall iiol, orant liceuse lor a J'j^'jJ/f 'J'J 
 shive imlcss uiion proof of the shive's ffood moral gi-aiit. o d 
 character ; and any slave wearini? the badge of an- proof of tbo 
 
 i.1 • 1 • ' 1 r 1 J.- slave's good 
 
 other, or using hi,s or her own tor a longer time ciiaracter. 
 than the license authorized, shaJl; on conviction^ 
 receive not exceeding thirty -nine stripes, unless the 
 owner or person controlling tln^ slavo. Avill pay a 
 fine of ten dollars. 
 
 § 341.— Every slave licensed to work by the day, Jay-iSm- 
 who sliall refuse to work for any white person, un- ^'^^'^ i-efusc 
 
 J- ' to -work. 
 
 less previously engaged or actually employed, shall 
 receive not more than thirty- nine lashes, or the 
 owner shall forfeit the license. 
 
 §342. — Every person, who having employed a fnsi "''jT't'^o 
 licensed slave and shall iail or refuse to pay such payshaUbe 
 
 ■•- •' lined. 
 
 slave after tlie work is finished, shall be fined not 
 more than ten dollars. 
 
 §343 .—Every slave or free negro, who shall tres- ^'\, "^s^:" 
 
 •' •' o 5 shall 1 o 1- 
 
 pass on any lot or loiter about any private residence ^^- ^ ai>o"t 
 in the city without a good excuse, shall, on convic- 
 tion, receive not less than ten nor more thirty-nine 
 lashes. 
 § 344. — Any assembly of slaves, without tlie I'niawfui 
 
 assembly of 
 
 permission of the City Council in which there shall slaves, 
 be more than five negro men, not engaged in work 
 or under the control of their owner or manager, 
 shall be unlawful, and each slave shall receive not 
 exceeding thirty-nine stripes. 
 
 § 345. — Every white person of suspicious charac- pprson" 'o'^r 
 tcr, or free negro, who shall be present at any un- '''ee negro 
 
 ' f^ ' I -^ shall bo prc- 
 
 lawfnl assembly of slaves, shall, on conviction, be ''^"*' "t^ an 
 
 , . iinliiwlul as 
 
 fined in the sum of thirty dollars, one half of which, fcmbiy. 
 shall be paid to the informer, and if there be no 
 informer, then to the officer making the arrest. 
 
 § 34G.— Every i)erson, who shall sell, or barter, J^.^n^'trS? 
 or give to a slave, spirituous or vinous li- ^^■'"' »'avof< 
 
88 
 
 or sell them 
 liquors. 
 
 Any slave 
 viol ati n g 
 prec e d i n g 
 section. 
 
 How the pre 
 ceding sec- 
 tion shall 
 be constru- 
 ed. 
 
 Proof that 
 a slave a t 
 night c a r- 
 ried an arti 
 cle of traf- 
 fic into a 
 place where 
 liquor is sold 
 evidence of 
 illegal tra- 
 ding with 
 slaves. 
 
 Every per- 
 son trading 
 illegally 
 with slaves 
 shall be fin- 
 ed. 
 
 Half of the 
 fine paid to 
 the mform- 
 
 qiiors, or sell to, or barter or buy from a slave any 
 article of merchandise, without permission in wri- 
 ting from the owner or manager of the slave, des- 
 cribing the article to bo sold or bought, shall, on 
 conviction, be fined fifty dollars, one half of which 
 may be given to the informer, according to the dis- 
 cretion of the Mayor or Alderman trying the 
 case. 
 
 § 347. — Every slave, who shall violate the pre- 
 ceding section, shall, on conviction, be punished 
 with not exceeding thirty-nine stripes unless the 
 owner or manager of the slave will pay a fine of 
 ten dollars. 
 
 § 348. — The preceding section shall not te con- 
 strued so as to prevent a slave from selling milk, 
 butter, poultry, eggs, fish, fruit, vegetables and any 
 table supplies under a general permission in writing 
 from the owner or his or her agent. 
 
 § 349. — Proof that a slave, having an article of 
 trafiic entered at night or on the Sabbath a place 
 where ;^pivituous, vinous, or malt liquors or mer- 
 chandise is usually sold, and came out without it ; 
 or that immediately after coming out of such a 
 place, the slave had any kind of liquor or merchan- 
 dise, shall be considered 'prima facit evidence of 
 illegal trading with such slave by the keeper of the 
 place. 
 
 § 350. — Every person who shall illegally pur- 
 chase, or receive from a slave, cotton, corn, fod- 
 der, oats, wheat fiour, meal, bacon, pork, or any 
 similar articles, shall on conviction, be fined fifty 
 dollars; one half of the fine maybe paid to the in- 
 former, and if there be no informer, then to the 
 officer making the arrest, or all of the fine shall 
 be paid into the city treasury, according to the dis- 
 
81) 
 
 cretion of the Mayor or Alderman, before whom 
 the case may be tried. 
 
 ^ 351. — All slave traders, or persons buying ^^i' NosUvo 
 
 ^ ^ , _ ' ^ ^ . trader shall 
 
 selling slaves on commission, who shall exhibit oxiiibitnoar 
 
 , T n TT TIT 1 the Court 
 
 their slaves at or near the Court House or Market^ House. Ac. 
 or in any of the public thoroughfares of the city, 
 unless exposed for public sale, shall be fined twent}'" 
 dollars. 
 
 § 352.— Every slave trader, dealer in slaves, or Every .Mave 
 
 '' •' ' ' trader sliall 
 
 person buying or selling slaves on commission, piocure « 
 who shall sell or offer for sale a slave witliin the 
 limits of the city, without a license, for which one 
 hundred dollars shall be paid, shall, on conviction, 
 be fined fifty dollars for each day this section shall 
 be violated. 
 
 § 353. — Every i'ree negro, wlio shall come from ^^^'^'^^ ."•=- 
 
 "^ " o ' gro, coming 
 
 another State, or fiom any part of this State, and """» ^ dis- 
 
 remam m this city longer than twenty days, shall st;iy in the 
 be fined on conviction twenty dollars. 
 
 § 354. — The city clerk shall keep a book, alpha- The clerk 
 
 , . „ . ^ ^ shall keep 
 
 betically arranged, which shall contain the name, a register of 
 the age, place of nativity, the occupation and place 
 of sleeping, of every free negro in the city. 
 
 § 355.— The clerk shall collect a fee of fifty •^"I'^'k's <ee 
 
 . . , *^ for regi.ster- 
 
 cents for registering every free negro, according to ing free lu - 
 tlie provisions of the preceding section, and the 
 further sum of fifty cents for registering any change 
 of residence or place of sleeping, 
 
 § 356. — Every free negro, who moves his place No free ne- 
 of sleeping within the limits of the city, and fails move his 
 to go forthwith before the clerk and register the re- sleeping. 
 nioval, and the place then occupied by him, or her, 
 shall be fined ten dollars. 
 
 § 357. — The marshal shall examine the book '^,^!' 'l'"?": 
 
 shal shall 
 
 ko]it by the clerk, at least once in three months, examine 
 
 I*' 
 
90 
 
 the book 
 kept by the 
 Clerk, Ac. 
 
 r r e c n e- 
 groes failing 
 t o r'egister 
 their names 
 
 Free n e- 
 groes to b «^ 
 taxed. 
 
 A free n e- 
 gro having 
 n o proper- 
 t y with 
 w h i c h to 
 pay taxe.?. 
 
 No free ne- 
 gro shall be 
 out after iti 
 o'clock. P. 
 M. 
 
 No free ne- 
 gro shall as- 
 sociate witli 
 slaves. 
 
 A free u e- 
 gro not i:>ay- 
 iiig a fine. 
 
 No free ne- 
 gro who is a 
 11 o n-r e s i- 
 (lent shall 
 work in the 
 city with- 
 out license. 
 
 visit tlic residence of the free negroes, and arrest 
 any negro violating the laws of tlie city. 
 
 § 358. — Every free negro, who shall fail or re- 
 fuse to register his, or her name, age, occupation, 
 residence, or place of sleeping, shall, on conviction, 
 he fined twenty-five dollars, 
 
 § 359. — Every free male negro over fifteen and 
 under fifty years of age shall pay an annual tax of 
 ten dollars, and every free negro woman over fifteen 
 and under fifty years of age, shall pay an annual 
 tax of five dollars. 
 
 § 360. — Any free negro destitute of property, 
 and failing to pay the said tax, shall be hired out 
 by the marshal to any person who will pay the tax, 
 and take the negro for the shortest time for his, or 
 her labor. 
 
 § 361. — Every free negro, who shall be found in 
 the streets after half-past nine o'clock at night, 
 shall be fined five dollars ; and in default of pay- 
 ment, shall receive not exceeding fifty lashes. 
 
 § 362. — Every free negro, who shall associate 
 with slaves in any house or lot within the limits of 
 the city, without permission of tlio owner or mana- 
 ger of such slave, shall be fined five dollars. 
 
 § 363. — Any free negro over the age of fifteen, 
 failing to pay a fine imposed for the violation of 
 any law of the city, may be imprisoned not exceed- 
 ing sixty days, or be compelled to work on the 
 streets at the rate of one dollar per day, until such 
 fine is paid. 
 
 § 364. — Every free negro, residing out of the 
 city, who shall work within its limits without a 
 license, for which the sum of twenty dollars shall 
 be paid, shall be fined five dollars, for each offence. 
 
91 
 CHAPTER XXV. 
 
 STREETS AND SIDEWALKS. 
 
 § ofio. — Every i>crson who shall erect, or extend, ^' " rerson 
 
 or enlarge a house or Duikling, or extend a fence croach ou 
 
 80 as to encroach upon the streets or sidewalks of walks, 
 the city, shall he fined ten dollars for every day 
 such obstruction or encroachment shall continue. 
 after being notified by an officer to remove it. 
 
 § 3GG. — Every owner, agent or claimant of a lot p/o7 aTot 
 
 in the city, who shall fall to make and keep in good ^'^'^'"6 * " 
 
 repair a sidewalk on the whole length of such prop- keep in re- 
 
 *• ^ _ ^ '^ '■ pair the side 
 
 erty, of the following width, viz : ou streets over walk, 
 sixty and less than one hundred feet broad^ a side- 
 walk twelve feet wide ; on streets more than one 
 hundred fee.t in breadth, a sidewalk fourteen feet 
 wide, exclusive of the gutters, shall be fined twen- 
 ty dollars. 
 
 §367. — No i)L'r.soii shall be comijelled to repair City Co un- 
 
 •' ^ _ '^ '^ _ cil shall or- 
 
 the sidewalks adjoining his property, except in obedi- fier the re- 
 pairing o f 
 eace to an order for that ])nrpose, passed by the sitiewaiks. 
 
 City Council. 
 
 § 368.— Every ])erson, who shall encumber a -'^"^ Pf'^'^'^ 
 
 '' J L ■ encumb o r- 
 
 streetor sidewalk with goods or merchandise, lum- ing street or 
 
 " ' sidewalk 
 
 ber, or fuel, or any article whatever, or with a car- with any ar- 
 riage, wagou or other vehicle not in immediate 
 use, for a longer time tlian is absolutely necessary, 
 shall be fined ten dollars. ^ ^ '^ 
 
 369. — The preceding section shall not be so iJe^rail!^ 
 construed as to deny any i)erson for the purpose of 'ij^g^'^JJis^ru- 
 building, the right to occupy one-third of the street "^^i- 
 in front of his or her lot for forty days. 
 
 § 370. — When any person shall fail to repair the J^''*'°f*|Ys 
 sidewalk by his or her lot for five days after the to repair hin 
 City Council shall order it to be done, the sidewalk w«ik. 
 
f 
 
 92 
 
 shall be put in good order by the street hands, and 
 
 ^ the cost thereof shall be charged to the owner, and 
 
 \ collected from him by the marshal upon the com- 
 
 \ pletion of the work. 
 
 No occupant § ^^ji — Every occupant of a house or tenament, 
 
 of a house ^ J i ^ j 
 
 shall throy who shall tlirow filthy water, or fluids of any de- 
 the street.- scriptiou from such house or tenament into the 
 
 ■; streets or sidewalks, shall be fined five dollars, for 
 
 \ each offence. 
 
 No person / § 372. — Evcry persou, who shall throw or de- 
 ft ^offensive/ P^sit offal or other offensive matter in the streets, 
 the^street ^ Gxccpt at the intersection thereof, shall be fined five 
 
 \ dollars. 
 streets e x- K 3*73. — The provisions of the precedino; sections, 
 
 cepted from . 
 
 forego ing shall uot apply to Market street, west of the Capi- 
 
 section. -, ri t t-» 
 
 tol, nor to Commerce street, nor to Lawrence, Per- 
 ry and Court streets between Washington and the 
 nor til side of Monroe street. 
 
 Height of § 374. — Every person, who shall build a cellar 
 door above the level of the side walk, shall be 
 fined five dollars^ and one dollar for every day 
 thereafter the cellar door shall remain higher than 
 the sidewalk. 
 
 ^'o person ^ 375 _ — Every person who shall without the con- 
 
 siistii Greet 
 
 steps across sent of the City Council erect steps on a sidewalk, 
 
 shall be fined ten dollars. 
 N person g 3*76. — Every person, who shall obstruct the 
 
 shall ob- (>ii' -IT 1 1 
 
 struct the gutters or sewers of the city with dirt, trash, Avood, 
 sewers. lumber^ brick or other material, shall be fined five 
 
 dollars. 
 No horse 8 377. — Every person, who shall tie or fasten a 
 
 shall be fas- . n - . . 
 
 tened near horsc lu sucli a manner as to permit it to stand 
 
 the side 
 
 walk. upon the sidewalk, shall be fined five dollars. 1^ 1 
 
 c^ 
 
 Any horse / § 3*78. — Any liorsc found upon the sidewalk in 
 ■violation of the preceding section, shall be seized 
 
93 
 
 and detained by the citv marshal until the fine is si<ie\vaik 
 
 •' - shall be 
 
 paid. seized. 
 
 ^ 379. — Every person, wlio shall ride, Jrive, or ^"^^ pcrsuu 
 
 ■ , shall ride or 
 
 lead a horse on a sidewalk, shall be fined five del- drive on 
 
 sidewalks. 
 
 lars ; but this shall not be so construed as to pre- 
 vent a person from riding or driving across any 
 part of a sidewalk used for the })urpose. 
 § 380. — Every person, who shall make a privy N o privy 
 
 .,. /. r. p ., ■,■, •!• „„shallbc 
 
 Within iourieet oi a sidewalk, or within two leet ot buiitwithiu 
 his boundary line (unless by consent of the proprie- ^ll\ TiVc- 
 tor of the adjoining lot,) sliall be fined five dollars; ^^^i'^- 
 and on failure to remove the privy, or on a second 
 conviction of the offence, lie shall bo fined five dol- 
 -lars for each day it shall remain. 
 
 § 381. — Any person, who shall camp at night on ^ o iiersou 
 a street or on any public grounds within the limits on the street 
 
 ' ^ or any pub- 
 
 of the city, shall be fined five dollars for each night He ground, 
 of such encampment. 
 
 § 382. — The provisions of the preceding section, Persons 
 
 shall not apply to persons campins: on the banks bark on 
 
 . . , , . . r 1 . 1 . boatsnotaf- 
 
 of the river with the intention of leaving the city fected b y 
 
 1 . ]) r c eding 
 
 on a boat. section. 
 
 § 383. — Every person, who shall fly a kite within Persons fly- 
 
 1 11 ? kites 
 
 the limits of the city, shall be fined five dollars ; shall be 
 and every slave or free negro, violating this sec- 
 tion shall receive not exceeding twenty lashes. 
 
 CHAPTER XXVI. 
 
 TREASURER, TAX ASSESSORS .ANp TAXES. 
 
 § 384. — The City Council shaU^leet annually a The c i t y 
 Treasurer, who shall take an outh-lof'di.'j'charge faith- shall anVu- 
 
 fully the duties of this office. " ''* ' " TrLurof. "" 
 
94 
 
 The City g 335 _ — The city treasurer, ijefore entering upon 
 :=haii give a the cluties of his office, shall make a bond for such 
 
 bond. 
 
 sum as the City Council may reo[uire, with good 
 sureties, approved by the City Council, for the per- 
 formance of his duties, and the custody of all mon- 
 ey or papers received by him. 
 
 § 38f). — The Treasurer shall receive all money 
 belonging to the city, and state from whom and 
 lonffmcr^t'^o when obtained, and whether it be derived from 
 the city. <te. taxcs, fincs or liceuses, or any other source, and 
 pay out money only under an order of the City 
 Council, passed in open council upon tlie certificate 
 of the clerk. 
 
 TheTreasii ■ 
 rer shaU re- 
 ceive the 
 
 The Treasu- 
 r e r shall 
 make r e - 
 ports month 
 Iv, 
 
 Tiie account 
 of the treas- 
 urer shaU 
 be tiled with 
 tlie clerk. 
 
 salary o f 
 the Treasu- 
 I'cr. 
 
 The City 
 Council has 
 ])ower to re- 
 move treas- 
 urer. 
 
 AjSpoiutin 'j;' 
 of tax asscsi 
 sors. 
 
 ^ 337. — The Treasurer at the iirst meeting of the 
 City Council, in every month, shall render an ac- 
 count of all the money received and paid out by 
 him, with written vouchers to sustain credits claim- 
 ed by him. 
 
 ^ 38S. — -The account of the Treasurer after being 
 approved by the City Council, shall be recorded by 
 the clerk, and the account and vouchers filed in his 
 office, every settlement so made shall be considered 
 prima facie correct. 
 
 ^ 3g9.__The City Council shall hx the salary of 
 the treasurer prior to his election, and shall not di- 
 minish it during his term of office. 
 
 ^ 390.— The City Council, shall have full power 
 to remove the treasurer at any time, the interest 
 of tbe city requires his dismissal, and elect his 
 successor. 
 
 § 391.— The City Council shall appoint, annu- 
 ally, three assessors of taxes, who shall be resi- 
 dents of the city. 
 
t)5 
 
 § :]\)2. — Tlic assessors, iifter hciiig sworn to per- f^^Vll^^hiiii 
 iorm their duties faithfully, sl\all estimate tlio make lo- 
 value ol" all real estate in the city according to then- 
 judgment, and report such valuation to the Mayor 
 on or before the first day of July in each year, un- 
 less further time shall he gi-anted hy tlie City Coun- 
 cil. 
 
 § :V3o. — The assessors having made their return, ti.c Mayor 
 
 ^ . shall give 
 
 the Mayor shall lay it before the City Council, and notice of tiie 
 give ten days' notice of the assessment, and in such .t^. 
 printed notice, he shall also appoint a time for 
 hearing and determining all complaints against the 
 jiction of the assessors. 
 
 § 394. — At the time appointed lor licaring oh- Tiie assess- 
 
 ,. . [^ ^ nieut shall 
 
 jections against the valuation made hy the assessors^ create a lien 
 
 ... , -, nil (lie prop- 
 
 all errors and omissions shall be corrected and sup- cvty. xc. 
 
 plied by the City Council, and the assessment 
 when approved and the tax laid thereon, shall cre- 
 ate a lien on the property for the taxes of the cur- 
 rent year. 
 V § 395. — The taxes, assessed by the authority of (Collection 
 I the City Council, shall he collected by the city "<■ ♦«^^^- 
 Y clerk. 
 
 * • § 390. — On the ;4ii)lication of the clerk, the The Mayor 
 / Mayor shall issue an execution after the first day cierk^^shau 
 / of March in every year, against any property owned "''^" 
 / by a person, who shall neglect to pay the tax due 
 from him or her on the last assessment ; and the 
 \ clerk shall levy the execution and collect the money 
 \ due thereon . 
 
 § 397. — The clerk having levied an execution on '^ '\f ^le^k 
 
 •^ shall adver- 
 
 personal property after advertising for ten succes- tiBPt^^'*p^o^- 
 , . . ", ertA', Ac. 
 sive days in a city newspaper, the i)roperty, the 
 
 an ex- 
 011. itc. 
 
 f 
 
 time and jilace of sale, shall sell the said property 
 for cash at public auction before the Court-ITouse 
 door, or at the Artesian Basin, and apply the ])ro- 
 
I 
 
 96 
 
 ceecls of the sale to the payment of the taxes due, 
 
 together with all the costs incurred. 
 
 Sateadven. § 398.— When the execution is levied on real 
 
 tised. / estate, the owner of which is known, the clerk shall 
 
 ^ advertise in a city newspaper for thirty days the 
 
 property, the time and place of sale, together with 
 
 the amount of tax due thereon, and if the owner of 
 
 the real estate he unknown, then the clerk shall 
 
 Xpuhlish such notice for ninety days. 
 
 The assess- , § 399^ — When taxes are assessed against real es- 
 
 ment prirdci' "^ "^ 
 
 facie ovi- tatc the owncr of Avhicli is not known, the assess- 
 
 dence. 
 
 ment shall he prima facie evidence that the owner 
 is unknown. 
 Real estate ,^ § 400_ — j^j-^y i^t, or subdivision of a lot, if sepa- 
 
 sold for tax- , 
 
 es may h ^' rately assessed may be sold for taxes, and may be 
 
 / redeemed by the owner, or his, or her agent at any 
 
 j time within two years from the sale, upon the pay- 
 
 Iment to the purchaser, or to the city treasurer for 
 him, four times the amount of taxes, costs and ex- 
 penses, paid by the purchaser, and interest at the 
 J rate of twenty per cent, per annum^ on all the pur- 
 \ chase money over and above the taxes, costs, and 
 V expenses of such sale. 
 
 li!dVo'i ,*^§ 401.— The proceeds of the sale, exceeding the 
 property, /taxes, interest, costs, and- expenses, shall be paid 
 
 sold for tax-; _ 
 
 «s. >■ into the city treasury for the owner, and the treas- 
 
 I urer shall be responsible on his official bond for 
 the safe custody of them. 
 
 City Coun- § 402. — The City Council, by its agent, may pur- 
 chaTe^"^reai chase real estate, sold for taxes, and the convey- 
 for^axes° ^ ^ucc of it shall be made to the Mayor for the use 
 of the city. The real estate so purchased by the 
 citj^ shall be subject to redemption, as in other 
 cases, and when redeemed, shall be conreyed by 
 the Mayor to the original owner. 
 
§ 403. — All sales shall he made before the Court- The j.iac- 
 House door, or at the Artesian Basin in Court 
 ^<|uave. 
 
 § 404. — Every person, who shall pay the tax as- Persons 
 sessed a^jiainst his or her property prior to the first ,^3'^^IriorTo 
 dav ofDeccuiber next after the assessment, shall be '"■«* "f i>e- 
 
 ' comber. 
 
 entitled to a reduction of interest from the payment ivrsonsfaii 
 till tlu' first day of December, and every person f'"fo*^nfnNt 
 who shall fail to pay the tax on the first day of i^ecember. 
 December, sluill pay interest on the amount of 
 taxes dnc. from tliat time initii the t;ix shall he 
 ])aid. 
 
 § 40.J, — Every lawyer, doctor, and dentist, shall Doctors!' x 
 pay an annual tax of five dollars. Dentists. 
 
 § 406.— Every daguerreotypist, ambrotypist or f^^fJJ'^""^''" 
 artist of like char;icter shall pay an annual tax of 
 five dollars. 
 
 g 407.— All -old watches shall ))e taxed fifty ef aTf " 
 cents, and all «;old watch-chains, twenty-five ''•'^'"ns- 
 cents; all silver watches and nil clocks shall l»e 
 taxed twenty-five cents. 
 
 § 408, — All furniture, silver ware, and silver All funii- 
 
 11 1 1 ,• i> 1 1 1 1 T ture, silver 
 
 plated ware over the value ot five nundretl dollars, wares. Ac. 
 
 shall be taxed annually one ((uarter of one per 
 
 cent, on its value. 
 
 <i 409. — Every white nuiu between the acjes ot A 1 1 white 
 •' *' '^ raen taxed. 
 
 twenty-one, and fifty years, shall be taxed two dol- 
 lars. 
 
 ^ 410. — Ever V saddle or carriage horse'shall be Sad.iie or 
 
 ■' " '^ - caruagohor 
 
 taxed one dollar, and every ideasure carriage one sesandcar- 
 
 ■ riagos tax- 
 
 per cent, on its value. cd. 
 
 i} 411.— Every slave over ten and under fifteen sIy'^'I'"*" 
 ■' '' be taxed. 
 
 years of age, shall be taxed fifty cents, and every 
 slave over fifteen and under fifty years of age, shall 
 be taxed one dollar. 
 
 12 
 
98 
 
 CHAPTER XXVII. 
 
 VOTERS. 
 
 Illegal \ o- ^ 412. — Everv person who shall vote illegally at 
 
 ting. . , » ^ 
 
 any election for Mayor, aldermen or clerk of the 
 city, shall he fined fifty dollars. 
 
 CHAPTER XXVIII. 
 
 WirAKFIN(,'ER. AVHARFAUE AND WHAVES. 
 
 Election of § 413. — The City Council shall elect annually a 
 
 wharfinger. 
 
 wharfinger, and fix his salary, which shall neither 
 he increased nor diminished during his term of 
 office. 
 Tiiewhar- §414. — Thc Avharfingcr^ before entering upon 
 innke oafh. the dutics of liis ofiicc, shall make the following 
 afiidavit, Avhich shall he filed with the clerk : " I 
 do solemnly swear or aflirm that I will discharge 
 the duties of Avharfinger of the city of Montgomery, 
 to the best of my ability, and will be diligent in 
 assessing and collecting wharfage due the city." 
 
 Jngerlhaii § '^^^- — ^^^^ wharfinger shall also give a bond 
 
 give bond. Qf ^gj^ thousaud dollars, with sufficient sureties for 
 
 the faithful performance of his duties, and for the 
 
 payment to the treasurer under the direction of the 
 
 City Council, of all money or property of any kind, 
 
 l)elonging to the city. 
 
 The whar- § 416. — The wharfinger, shall keep a book, in 
 
 ke'lnl book! which shall be entered the wharfiage, collected each 
 
 *<•• (lay, the amount paid upon each article, and th© 
 
99 
 
 uame of the |)ersoii by whom it was paid ; ami the 
 said book shall be subject to the inspection of the 
 Mayor or an Alderman at all times, and on the re- 
 signation or removal of the wharfingoi', ho shall 
 deliver the book to tlie City Council. 
 
 § 417- — The \vhariimi;er, shall render an account '^"'''' ^^'lar 
 
 • . o ^ r^- linger gliall 
 
 at the first meeting of the City Council, in every >" a k «' » 
 
 oiiftrtorlv Ttt 
 
 month, and oftener if required by the City Council, port. " 
 in which, he shall state the money received by him, 
 and the amount paid over to the treasurer under the 
 direction of the City Council. 
 
 § 418. — The Avhartinger, .shall report to the J^! ^}^"'': 
 
 ^ -^ finfier shall 
 
 Council what repairs are needed on the Avharf. He report what 
 
 1 11 iii 11 T • 1 • • repairs are 
 
 shall settle all disputes m relation to places upon it, needed, o n 
 and have a general control, and superintendence of 
 it for the interest of the city. 
 
 ij 419. — All goods, wares, and merchandise, cot- Uateo oi 
 ton, lumber, brick, stock and all things whatever, ''^ ^"'" ^^^'^• 
 shipped from or landed on, the city wharf, shall be 
 subject to' the following rates of wharfage, viz : 
 
 For each bale of cotton , {{50,08 
 
 '' " barrel, 05 
 
 " " sack of coffee 03 
 
 '' " " '' salt, 03 
 
 U U C. .. o^ySLUl, 03 
 
 " hogshead or pipe, 02 
 
 • ' hundred weight of any metal , 02^ 
 
 " buggy or sulky, 75 
 
 " carriage, 1,00 
 
 " thousand feet lumber, 50 
 
 " horse or cow, 10 
 
 ' ' sheep or hog, 02^ 
 
 Boxes, packages, or merchandise at the rate of one 
 cent, per square foot All other articles shall pay at 
 
100 
 
 tlie above rates, and accordino; io wei,s;']it and meas- 
 i!i-ement. 
 
 wh'^fingor.' ^ 420.— The whartino-er si. all liave a lien nt>on 
 all articles, and every species of jnopertj subject tn 
 wharfage, landed on, or shipped from, the city whari, 
 and shall retain possession of such articles Ar prop- 
 erty until the wharfage is paid. 
 
 Xo person ^ 421 . —Every person, who shall. ..n the.Sab- 
 
 stiall receive -^ J i ^ 
 
 merchan- bath, receive or deliver ou the wharf, or at any 
 
 dise on tlio 
 
 Sabhntii. placcwitliin the limits of the city, bales ot cotton, 
 produce, goods, wares, and merchandise, or stock 
 of any kind, shall, on Ciinvictlon, be fined fifty dol- 
 lars. 
 
 Tax on all ^ 422. — The wharfinger, shall demand of the 
 
 boats at tlio. i . ^ ,• i i i r- 
 
 wharf. owner or person having ciiargi^ of a steamboat five 
 
 dollars, and of the owner or p'erson controlling a 
 barge, flat-boat, or any boat carrying freight, two 
 dollars for every day such boat may be at the city 
 wharf. 
 
 Any jiersou i;) 42o. — Auy pei'sou luiviug a boat at the wharf, 
 
 refusing to ' " . , . , 
 
 pay tax. and refusing to pay the tax mentioned m the pre- 
 ceding section, shall be fined ten dollars in addi- 
 tion to the tax, due on sucli boat. 
 
 TersouB re- K 424. — The marshal upon being notified by the 
 
 liisiugtopay ' ,■ ^ i 
 
 t h e above wharfinger of such a person s refusal to pay the tax, 
 arretted. ' duc upou a boat, shall take such person before the 
 Mayor or an Alderman, and shall receive from the 
 delincjuent two dollars for making the arrest. 
 Removing § 425. — Every persou wlio shall remove rocks, 
 S?n?^'t\''e pebbles, or gravel from the city wharves, shall be 
 '''''^'■''- fined five dollars for each oftenco. 
 
TO PROVIDE FOH I>T("tHTI\G THE TTTV OF ^fONTOOMERY 
 WITH (US. 
 
 Section 1. — Be it ordained hi the City Council of 'f'^' P':'\'i- 
 
 '' ^ * lego of light. 
 
 Montcfomenj, That from and after the passage of i°s t'le citj^ 
 this ordinance, the exclusive i)rivilege shall be, and grantecf t o 
 the same is hereby granted for the term of fifty frcy & To. 
 years from the first day of November, A. 1)., 1852, 
 to John Jeffrey & Co.^ of Cincinnati, Ohio, their as- 
 sociates successors and assigns of laying pipes for 
 conducting gas under any street, alley, or tliorough- 
 iare Avithin the corporate limits of the city ; Provi- 
 ded, that the said pipes shall be so laid as not to in- 
 terfere witlithe drainage or sewerage or the grade of 
 any street, alley or tlioroughfare in said city ; and 
 Provided, that if any changes or alterations in the Proviso. 
 drainage, sewerage or grade of any street, alley or 
 thoroughfare shall be made by order of the City 
 Council, wl\ich shall render a change or alteration 
 necessary in tlie position of said gas pipes, the ex- 
 ])ense of all such changes and alterations shall bo 
 paid by the City Council of Montgomery. 
 
 Sec. 2. — That the ])ri\-ilege herein granted in I'l'"" appa- 
 
 i- '^ ^ ^ ratusfortho 
 
 upon the condition that the said John JeftVcy & Co. , ma n u f ao- 
 shall, on or before the first day of May, A. D., shall be 
 18o4, have coraplet-ed the requisite apparatus for i,"nT thrp'e 
 
104 
 vniies of maiiutkcturiiis; s^s, aud .shall have laid in coniiec- 
 
 pipes 1 a 1 d _ o o / 
 
 on or before tioD therewith three miles of main pipe in the 
 
 May ] s t. ^ ^ , 
 
 is.vt. streets of Montgomery, and shall further lay from 
 
 time to time such additional main pipes in any street, 
 alley, or thoughfare as shall be required hy the 
 said City Council ; Provided, that the demand lor 
 gas to be supplied by such extension shall ai6for<l a 
 reasonable prospect for a fair remuneration. 
 Sii noTbc ^^^- 3.— That the gas works shall not be erected 
 e r e e ted vvithiu ouc hundred yards of anv habitation within 
 
 within one ^ "^ 
 
 hundred the corpoiate limits of the citv, without the consent 
 
 vards o f a " . „ . 
 
 Ihvoiiing. of the owners thereof, and the operations of said 
 
 gas Avorks, shall be so conducted as not to occasion 
 
 injury to the health or comfort of the inhabitants 
 
 of the city. 
 
 Bef.rc bo- Sec. 4. — That whenever the said John Jefi'rey & 
 
 b r ell. k Co., desirc to break ground in any street, alley, or 
 
 ijie"purpo°se tlioroughfare for the purpose of laying pipes, they 
 
 oipes!Trel ^^^^^^ S^^^ ^^ ^^^^^ *^^^'^^ '^^''^j' ^ iioticc thereof to the 
 
 day's notice Mavor or marshal of the citv, and during the pro- 
 must be ,triY " " . 
 '^n- ' gress of the work, they shall not unnecessarily ob- 
 struct or incumber said street, alley, or thorough- 
 fare, and shall proceed with all reasonable ciili- 
 gence to complete the work, and when the pipes 
 are laid they shall repair the street, alley, or thor- 
 oughfare in such manner as shall be approved by 
 the said Mayor or marshal of the city. 
 The city of Sec. o. — That the said John Jeffrey tV; Co., and 
 ^y^'^sifaTbe ^heir associates, successors and assigns shall, from 
 furnished time to time, and at all times furnish to the city 
 
 with gas at i i /. i 
 
 one-half the of Montgomery, for the public use and beneht, such 
 
 paid by pri- quantities of gas of the most approved (Quality for 
 
 low- * ' ' lighting cities, upon the several streets, alleys, and 
 
 thoroughfares in which gas pipes shall be laid as 
 
 may from time to time be required by said City 
 
 Council, and for the gas furnished and consumed 
 
105 
 
 for the public benefit as hereiTi provided, the said 
 City Council will pay the said John Jeffrey & 
 Co., one-half of the price per cubic foot, at which 
 gas shall be furnished by them to the citizens ot 
 Montgomery for private consumption as hereinaf- j^*"J^'p„"";^ 
 ter provided. And all public lamps and lamp-posts, J^^^JJ^'j^^ [y^ 
 and fittings, and fixtures thereto belonging, shall expense oi 
 
 tnc citv. 
 
 be provided, and erected by the said John Jeffrey 
 &Co.,at the expense of the said City Council, 
 and the necessary service pipes leading to, and con- 
 necting therewith shall be supplied and adjusted by, 
 and at the expense of the said John Jeffrey & Co. 
 Sec. fi.— That the said John Jeffrey & Co., and Thecitizens 
 
 shall be sup 
 
 their associates, successors and assigns shall at all plied with 
 
 gas, Ac. 
 
 times supply the inhabitants of the city of Mont- 
 gomery for private use in the manner most approved 
 with a sufficient quantity of gas of the most ap- 
 provec^quality at as low a price per cubic foot of 
 gas consumed, as the same quantity of gas shall be 
 furnished for the same purpose to the inhabitants 
 of any toAvn or city, similarly situated, of eij^ual or 
 greater population, than the city of Montgomery 
 in the Southern States, Provided, that the said 
 John Jeffrey & Co., shall not be required to pro- 
 vide gas as aforesaid for private consumption to 
 persons, whose premises are not within a reasonable 
 distance of a supply pipe already laid, nor to any 
 person who will not pay for gas monthly in advance 
 if so required, and Provided, further that the 
 said John Jeffrey & Co., may furnish gas to any 
 person for private use, at a distance from supply 
 pipes already laid, beyond what is contemplated in 
 thjs ordinance and may charge for gas so furnished 
 
 such additional price as may be agreed upon by the 
 contracting parties. 
 
 14 
 
lot) 
 Measure- gEc. 7. — That the amount of ffas, consumed sliall 
 
 mentofgas. ° ' 
 
 be ascertained by metre measurement in the usual 
 way. 
 
 The City Sec. 8. — That at the expiration of twenty-five 
 
 ( ) o u n c i 1 
 
 shall have years from the first day of November, A. D., 1852, 
 purchase the City Council of Montgomery, shall have the 
 works. ^ * ' right or privilege of purchasing from the said John 
 Jeffrey & Co., and their associates, successors, 
 and assigns, all the pipes, buildings and appa- 
 ratus constituting the gas works at such a 
 price as may be ascertained, and determined by 
 five disinterested men, two of whom shall be cho- 
 sen by the City Council of Montgomery, two by 
 the said John Jeffrey & Co., and their associates, 
 successors, and assigns, and the fifth by the four 
 thus chosen. 
 
 corporation. Sec. 9. — It is Understood that the said John 
 Jeffrey & Co., will endeavor at the next session of 
 the Z/egislature of Alabama to obtain an Act of in- 
 corporation in order to afford to such citizens as 
 may desire, or to the City Council, the opportunity 
 of becoming stockholders in the gas works herein 
 comtemplated, to any extent not exceeding one-half 
 of the entire stock. 
 
 When this Sec. 10. — That this ordinance shall take affect, 
 
 ordin a-^'^e 
 
 siiaii take and be bmdmg upon the parties, so soon as the 
 said John Jeffrey & Co., shall signify in writing 
 their assent thereto. 
 
 Adopted by the board of Mayor and Aldermen, 
 August 30th, 1852. 
 
 Concurred in by the board of Common Council, 
 September 15th, 1852. 
 
 Approved October 13th, 1852. 
 
 SAMUEL D. HOLT, Mayor. 
 
 elfeot. 
 
107 
 
 Montgomery, Alabama, 
 October 4th, 1852. 
 
 We hereby assent to the terms and conditions ol The assent 
 the foregoing ordinance for lighting the city of frc)' * Co. 
 Montgomery with gas. 
 
 (Signed) JOHN JEFFREY & CO., 
 
 By their Attorney in fact, 
 WASHINGTON BARROW, 
 of Nashville Tennessee. 
 
The more effectually to secure the collection of 
 rents in the City of Montgomery. 
 
 h»g? '^ upo^n Section 1 . — Be it enacted by the Senatt and House 
 oath of land of Representatives of the Stale of Alahama, in Gen- 
 
 lord or his ^ •' •' ' 
 
 agent. evol Assembly, convened. That whenever any land- 
 
 lord, his agent, or attorney, shall make complaint 
 on oath to any justice of the peace in the city of 
 Montgomery, that any person or persons is or are 
 indebted to him for rent of any tenement within 
 the corporate limits oi the said city, and shall en- 
 ter into bond and security in four times the amount 
 of the rent alleged to be due conditioned to pay the 
 said defendant all costs and damages he may recov- 
 
 sued/direct er for the wrongful or vexatious suing out of the 
 warrant hereinafter mentioned, it shall be lawful 
 ior the said justice of the peace to issue his warrant 
 returnable before him not less than four nor more 
 than ten days from the time the Avarrant shall be 
 issued, directed to any constable of said city requi- 
 ring him to seize, and to take into his possession 
 any goods and chattels belonging to the defendant, 
 which may be found in the tenement for which the 
 rent shall be due ; and the constable shall keep the 
 goods and chattels so seized to answer the judgment 
 which may be rendered by the justice of the peace 
 in the cause unless the debt shall be sooner paid 
 with all costs; and the justice of the peace on re- 
 turn of said warrant shall proceed, and render 
 judgment according to the merits of the case. 
 
109 
 
 Sec. 2. — And be it further enacted, That when- 
 ever the sum sworn to be due shall exceed the sum 
 of fifty dollars, it shall be the duty of the justice 
 of the peace to direct the same to the sheriff of the 
 county of Montgomery, and make the same return- 
 able before the county or Circuit Court of the said 
 county, which Court shall proceed at the return term 
 of said warrant to render judgment in the said cause; 
 and it shall be the duty of the said sheriff of the 
 said county, to proceed in tlie manner directed by 
 the first section of this Act. 
 
 Sec. 3. — And he it further enacted, That tlie Defendant 
 
 *^ may replevy 
 
 said defendant to the said warrant may replevy the upon giv- 
 property seized ; Provided, he enter into bond 
 and security payable to the plaintiff' in double the 
 amount of the sum sworn to be due, conditioned 
 to pay the judgment which shall be rendered against 
 him, orsurrender the said property to the proper offi- 
 cer, and the said bond sliall have the force and effect 
 of a judgment, and execution may issue thereon, if 
 the property so replevied shall not be delivered to 
 the proper officer within fifteen days after the ren- 
 dition of judgment. 
 
 Sec. 4. — And he it further enacted, That if anv T'^naUv for 
 
 '' ' - wrongful) y 
 
 shall wrongfully or vexatiously sue out such war- suing out 
 rant, he shall be liable to pay the defendant therin 
 treble damages to be recovered by action on the 
 case before any court having competent jurisdiction. 
 Approved, March 2d, 1848. 
 
 warrant. 
 
FORMS. 
 
 sxjn^dii^^oisrs. 
 
 The State of Alabama, I 
 City of Montgomery. ^ 
 
 To the Marshal of the City of Montgomery : 
 
 You are commanded to summon A. B, to appear before 
 
 me on the day of 1861, at the office of the 
 
 Mayor, to answer to a charge of. 
 
 when you will then and there 
 
 make return of this summDus. 
 
 C. D., Mayor. 
 Issued the day of 1861. 
 
 The State of Alabama, ) 
 City of Montgomery. ) 
 
 To the Marshal of the City of 3Iont(jomery : 
 
 Complaint having been made before me, that A. B. has 
 
 committed the offence of 
 
 You are therefore commanded forth- 
 with to arrest the said A. B., and bring him before me. 
 
 ^ CD., Mayor. 
 
 Issued the day of 1861. 
 
m 
 
 The State of Alabama, ) 
 City of Montgomery . ) 
 
 To the Marshal of the City of Afontgoniery : 
 
 Yon are hereby coiiimandod to summon 
 
 personally to appear before the Mayor of the City of Mont- 
 gomery, at on the day of 1861, and from 
 
 day to day thereafter, until discharged by due course of law, 
 
 to give evidence, and the truth to speak, in behalf of 
 
 in a case now pending before the said Mayor, in which 
 
 the City Council of Montgomery is Plaintiff and 
 
 Defendant, and have you then and there this writ with your 
 endorsement thereon. 
 
 A. B., Clerk. 
 
 Issued the day of. 1861. 
 
 The State op Alabama, '( 
 City of Montgomery. \ 
 
 We, A. B., C. D. and E. F., agree to pay the City ol' 
 
 Montgomery dollars, unless the said A. B. appear 
 
 before the Mayor on the day of. 1861, and from 
 
 day to day thereafter until discharged by law, to answer to 
 
 the offence of. 
 
 Approved. ) A. B. L. S. 
 
 G. H. } C. D. L. S. 
 
 S E. F. L. S. 
 
112 
 
 The State of Alabama, ) 
 Montgomery County. ) 
 
 Know all men by these presents, that we, A. B., C. D, and 
 E. F.^ are held and firmly bound unto the City Council of 
 
 Montgomery in the sum of. doUars^, well and truly to be 
 
 paid to the said City Council of Montgomery. 
 
 Sealed with our seals. Dated the day of. One 
 
 Thousand Eight Hundred and Sixty-one. 
 
 The condition of the above obligation is such that if the 
 said A. B, shall prosecute with effect an appeal by him, taken 
 this day, from a judgment rendered against him for the sum 
 
 of. dollars, in favor of the City Council of Montgomery, 
 
 before , Mayor of the City of Montgomery— 
 
 to the next term of the Circuit Court of the said county, then 
 the said obligation shall be void : But if paid A. B. fail 
 therein, then the said A. B,, C. D. and E. F., shall pay the 
 said judgment, with such damages, both of debt and costs, as 
 shall be adjudged against the said A. B. in the said Court. 
 
 Sealed and delivered ') A. B. L. S. 
 
 in presence of > CD. L. S. 
 
 S E. F. L. S. 
 
 <4tL 
 
INDEX. 
 
 PAGE. 8KC. 
 
 ACCOUNTS. 
 
 The City Clerk shall keep account of 
 
 warrants issued by him 44 98 
 
 The City Clerk shall keep an account 
 
 of expenditures of the City 44 99 
 
 The City Clerk shall render an account 
 
 of money paid into the Treasury 44 100 
 
 Hospital Steward shall render an ac- 
 count of hospital stores G2 194 
 
 Clerk of Magazine must render an 
 
 account to the City Council 68 235 
 
 Of the Treasurer 94 ;{87 
 
 Treasurer's account when approved.... 94 388 
 Wharfinger must account monthly.... 99 417 
 ADVERTISEMENTS. 
 
 The Marshal shall adverti.se sale of 
 
 cattle 31 22 
 
 The Marshal shall advertise sale of 
 
 hogs 31 27 
 
 The Marshal shall advertise sale of - 
 
 horses and mules , 32 30 
 
 The Marshal shall advertise sale of 
 
 property levied on to satisfy a fine 52 141 
 
 The Mayor shall advertise the assess- 
 ment of taxes 95 393 
 
116 
 
 PAQE. SEC. 
 
 ADVERTISEMENTS (Continued.) 
 
 The Clerk shall advertise personal prop- 
 erty to be sold for taxes 96 39*7 
 
 The Clerk shall advertise real estate 
 
 to be sold for taxes 96 398 
 
 AFFRAYS. 
 
 Persons guilty of an affray without stick 
 
 or weapon 28 4 
 
 Persons guilty of an affray with a stick 
 
 orweapon 28 5 
 
 Persons guilty of an affray with fire- 
 arms or deadly weapons 28 6 
 
 Abusive words may justify an affray.... 29 17 
 ALDERMEN. 
 
 How elected 3 
 
 May hear and determine cases 12 
 
 Two Alderman may call a meeting of 
 
 the Council 12 
 
 Four Aldermen, a quorum 12 
 
 ANIMALS. 
 
 No person shall fasten an animal to a 
 
 lamp-post or fence, &c 50 128 
 
 Cattle not permitted to run at large.... 30 21 
 Cattle running at large may be sold.... 31 22 
 The Marshal must advertise sale for ten 
 
 days 31 22 
 
 No city officer shall bid at such sale... 31 23 
 
 Owner may obtain cattle 31 24 
 
 The Marshal refusing to deliver cattle 
 
 shall be fined 31 25 
 
 Hogs running in the street shall be sold 31 26 
 Marshal shall advertise the time and 
 
 place of sale 31 27 
 
 No officer shall bid at such sale 32 28 
 
 Marshal must deliver hogs to owner... 32 29 
 
Ill 
 
 PAGE. SEC. 
 
 ANIMALS (Continued.) 
 
 Horses not allowed to run in the streets 32 :H) 
 Marshal shall advertise and sell horses 32 31 
 
 Owner may obtain tlie horse 32 32 
 
 Owner may prove title within one year 32 33 
 Horses must not he tied to puhlic fences 
 
 or lamp-posts 50 128 
 
 Persons permitting horses to stand on a 
 
 side-walk, fined \)2 377 
 
 Horses found on side-walk shall he 
 
 siezed 92 378 
 
 Dogs, without collars, must not run at 
 
 large 33 36 
 
 The Marshal must procure dog-collars 33 34 
 The Marshal must sell collars only to 
 
 white persons 33 34 
 
 The Marshal shall register number of 
 
 collar 33 35 
 
 The Marshal must not sell collars to 
 
 slaves or free negroes 33 37 
 
 No slave shall keep a dog 33 38 
 
 Free negroes not to keep dogs witliout 
 
 license 33 30 
 
 Cruelty to, luinished 47112-14 
 
 APPEALS. 
 
 May be taken from decisions of the 
 
 Mayor or an Alderman to City Council 30 20 
 
 May be taken from decision of tlio 
 
 Mayor to the Circuit Court !'.♦ 
 
 APPROPRIATIONS. 
 
 The Clerk shall keep an account of 44 00 
 
 ARRESTS. 
 
 Warrant, form of 110 
 
 Persons arrested may give bond 20 IS 
 
 Persons arrested may be imprisoned- • .... 30 1 
 
118 
 
 PAGE. SEC. 
 
 ARRESTS {Continued.) 
 
 The Market Clerk may arrest disorderly 
 
 persons about the market TO 244 
 
 The Marshal shall arrest persons viola- 
 ting the laws of the city 76 2*79 
 
 The patrol may arrest disorderly persons 79 301 
 Any slave arrested may be confined in 
 
 the guard-bouse 84 32*7 
 
 Fee of the Marshal for arresting a free 
 
 person 54 152 
 
 Fee of Marshal for arresting a slave 54 152 
 
 ARTESIAN WELLS. 
 
 No person shall throw anything into 
 
 the Artesian Basin 34 42 
 
 Persons shall not wash animals or vehi- 
 cles near the wells 34 41 
 
 Bathing in the Artesian Basin prohibi- 
 ted 34 43 
 
 Slaves injuring wells shall be punished 34 44 
 
 Free negroes bathing in the Artesian 
 
 Basin, fined, &c 34 45 
 
 ASSAULT AND BATTERY. 
 
 An assault committed upon a white per- 
 son 28 7 
 
 An assault with a stick or a weapon not 
 
 likely to cause death 2b 8 
 
 An assault with a deadly weapon 28 9 
 
 An assault on a slave by a white person 28 10 
 An assault on a slave with a deadly 
 
 weapon 28 11 
 
 An assault on a white person by a 
 
 slave 29 12 
 
 An assault on a slave or free negro by a 
 
 slave 29 13 
 
iiy 
 
 PAGE. SEC. 
 
 ASSAULT AND BATTERY (Continued.) 
 
 An assault by a free negro on a slave... 29 14 
 An assault by a free negro on a free 
 
 negro 29 15 
 
 An assault by a free negro on a white 
 
 person 29 10 
 
 Abusive words may justify 29 17 
 
 ASSESSMENT OF TAXES. 
 
 The City Clerk sliall assess and collect 
 
 taxes on personal property 45 103 
 
 Tlie City Clerk shall make an alphabet- 
 ical list of voters 45 104 
 
 List of voters compared with names in 
 
 last assessment 4G 105 
 
 Clerk must make a digest of real estate 46 106 
 The City Council shall appoint asses- 
 sors 94 391 
 
 The assessors shall estimate value of real 
 
 estate 95 392 
 
 The Mayor must give ten days' notice 
 
 of assessment 95 393 
 
 The assessment when approved is a lien 
 
 on real estate 95 394 
 
 The assessment of taxes on property of 
 
 owner unknown is evidence 96 399 
 
 The taxes shall be collected by City 
 
 Clerk 95 395 
 
 A subdivision of lot may be sold 96 400 
 
 All sales shall be before Court House 
 
 or at Artesian Basin 97 403 
 
 Interest upon payment of taxes before 
 
 December allowed 97 404 
 
 AUCTIONEERS. 
 
 Must obtain license 05 208 
 
120 
 
 PAGE. SEC. 
 
 AUCTIONEERS {Continued.) 
 
 Officers of court, executors, guardians, 
 mortgagees, may sell without license... 65 209 
 BAGATELLE TABLES. 
 
 Must be licensed 61 226 
 
 BALANCES. 
 
 Must conform to standard adopted by 
 
 tlie State 71 254 
 
 Persons using balances not conforming 72 255 
 The Clerk or Marshal at request of a 
 
 citizen must test 72 258 
 
 Maybe inspected by public weigher... 73 264 
 BARBERS. 
 
 Shall not keep their shops open on Sun- 
 day 34 46 
 
 A slave or free negro may have a bar- 
 ber shop 84 323 
 
 BATHING. 
 
 In Artesian Basin forbidden 34 43 
 
 In river between sun rise and sunset 
 
 forbidden 34 43 
 
 A slave shall not bathe in Artesian Ba- 
 sin 34 44 
 
 A free negro bathing in Artesian Basin 
 
 punished 34 45 
 
 BEGGARS. 
 
 May be taken before the Mayor 75 274 
 
 Any ]3erson bringing a beggar to the 
 
 city 75 272 
 
 A slave or free negro bringing a beggar 75 273 
 BILLIARD TABLES. 
 
 Keeper of public billiard tables must 
 
 obtain license 67 225 
 
 BOATS. 
 
 Lying at the wharf shall be taxed 100 423 
 
121 
 
 PAGE. SEC. 
 
 BONDS. 
 
 Form of bail bond Ill 
 
 Form of an appeal bond 112 
 
 Of persons arrested 29 18 
 
 Of clerk of magazine 68 231 
 
 Of public weigher 72 261 
 
 Of tlie Marshal 76 278 
 
 Of the Treasurer 94 385 
 
 Of the-wharfinger 98 415 
 
 Bond of Clerk 43 95 
 
 BUR(^tLARY. 
 
 Person guilty of 35 47 
 
 Slave or free negro commmiting 38 48 
 
 CABS. 
 
 Owner of, must obtain license 35 51 
 
 Must have their number painted on the 
 
 lamps 36 54 
 
 Charges of cab-men 36 55 
 
 Penalty of charging too much 37 58 
 
 Cab-men must keep the law in their cabs.. 38 67 
 
 CAMPS. 
 
 Not allowed in the City 93 381 
 
 Persons may camp on the banks of the 
 
 river '^3 382 
 
 CARTS. 
 
 Shall be licensed 39 70 
 
 Number of license fastened on 39 71 
 
 Driver of, shall not refuse to carry a load 39 72 
 
 Theload of. 40 73 
 
 CATTLE. 
 
 Shall not run at large in the streets 30 21 
 
 Must be advertised and sold 31 
 
 No city officer shall bid at such sale 31 
 
 The owner of, may obtain them 31 24 
 
 16 
 
 22 
 23 
 
122 
 
 PACJK. SEC. 
 
 CATTLE {Conlinued:) 
 
 The Marshal refusing to deliver cattle shall 
 
 be fined ?A 25 
 
 CEMETERY. 
 
 All corpses must he huried in 40 *77 
 
 Paupers, slaves, and free negroes huried in 42 89 
 
 The depth of graves 41 85 
 
 Injuries to fence, tomhs, &c 4- *78 
 
 Injuries to trees, flowers, and shrubbery... 41 79 
 Slaves or free negroes injuring tombs or 
 
 flowers 41 80 
 
 The Sexton shall keep it in good order 42 86 
 
 The Sexton shall point out any grave in... 41 84 
 
 CHEATING. 
 
 Persons obtaining money or goods, &c oo 50 
 
 Persons using false weights or measures... 72 25P» 
 
 Persons selling by a fjilse mark, or falsely 
 
 packed sugar, &c 72 257 
 
 CHIEF ENGINEER. 
 
 Of Fire Department, how elected 55 155 
 
 Oath of. 55 15G 
 
 Vacancy of, how filled 55 158 
 
 Shall have full control at fires 56 161 
 
 Shall be Marshal ex-ojjicio 56 163 
 
 Shall provide for keeping of apparatus 56 165 
 
 Shall keep account of fires, losses, &c 57 166 
 
 Shall make annual report 57 1 67 
 
 cmiMNEYS. 
 
 Must not be burnt at night 42 92 
 
 Dangerous to adjoining property, nuisances 48 93 
 
 The nuisance shall be abated 43 94 
 
 CHURCHES. 
 
 Not to be disturbed 49 123 
 
 CIRCUS. 
 
 Owner of, must obtain license 51 135 
 
12:} 
 
 r.AGK. s.Er. 
 
 CITY CLERK. 
 
 How elected i; 
 
 Oath and bond of 43 <(.^ 
 
 Shall attend the meetings of City Council 43 \](] 
 
 Must i<sue summons, &c 44 97 
 
 Shall issue warrants upon Treasury 44 OH 
 
 Shall keep account of expenditures of City 44 D'.l 
 
 Shall render in a monthly account 44 100 
 
 Must receive returns of taxes 45 1 01 
 
 Shall assess and collect taxes upon per- 
 sonal property 45 lO!) 
 
 Must prepare a list of voters 45 104 
 
 Must examine names of persons assessed.. 41 105 
 Shall make digest ol returns of taxable 
 
 property 40 lOH 
 
 Shall collect taxes 46 107 
 
 Shall issue Subpcenas and grant licenses... 4f) 108 
 
 Shall levy execution for collection of taxes 1)5 :)9T 
 
 Must advertise property to be sold 1)0 ;;98 
 
 Failing to grant license for exhibition 51 loS 
 
 Fees allowed to 54 152 
 
 CITY COUNCIL. 
 
 Composed of Mayor and Aldermen 2 
 
 Two Aldermen from each Ward elected.... :> 
 
 City divided into si x Wards 2 
 
 Two Aldermen may call a meeting of 12 
 
 The Mayor and three Aldermen, or foui- 
 
 Aldermen, a quorum 12 
 
 CITY PHYSICIAN. 
 
 How elected Co 101) 
 
 Sliall examine applicants for admission to 
 
 hospital '. 0:J 200 
 
 Dutiesof G} 201 
 
 CLERK OF MAGAZINE. 
 
 How elected ^'<^ -•'" 
 
124 
 
 PAGE. SEC. 
 
 CLEKK OF MAGAZINE [Contmued.) 
 
 Shall give liond 68 231 
 
 Salary of 68 232 
 
 Must kee]) office near centre of the City.... 68 233 
 
 Shall collect taxes on powder 68 234 
 
 Must render an account to City Council.... '68 235 
 
 May he fined or discharged 09 236 
 
 CLERK OF MARKET. 
 
 How elected 69 240 
 
 Salary of TO 241 
 
 Shall remain at market 70' 243 
 
 Must preserve order at market 70 244 
 
 May call persons to aid in keeping peace.. 70 245 
 
 Shall exclude dogs from market 70 246 
 
 Shall condemn unsound provisions 70 247 
 
 Shall rejiort persons buying provisions for 
 
 speculation 71 248 
 
 Must prevent obstruction of side-walks.... 71 250 
 
 Must ring market bell 71 251 
 
 Shall report lessees of stalls 71 252 
 
 May be discharged 71 253 
 
 COCK-FIGHTING, 
 
 . Prohibited 47 113 
 
 COMPLAINT. 
 
 Persons arrested 52 143 
 
 Persons arrested may give bond , 52 144 
 
 Complainant sball pay costs 53 145 
 
 CONCERTS. 
 
 Must be licensed 51 134 
 
 For charitable purposes, excepted 51 136 
 
 CONDUCT, (Disorderly, &c.) 
 
 Persons using profane or indecent language 
 
 fined 47 109 
 
125 
 
 PAGE. !^EC. 
 
 CONDUCT, (Disovderly, &c.,) {Conimued.) 
 
 Dninkenness, punished 48 11.) 
 
 Persons injuring city property 50 1-T 
 
 Driveis of licensed vehicles 37 C2 
 
 Slaves or free negroes guilty of 85 oo2 
 
 COSTS 
 
 Of case must he entered on docket oo 14'J 
 
 Complainant shall pay 53 145 
 
 DAY LABORERS 
 
 Shall ohtaiu license 84 32() 
 
 Persons hiring a slave 81 3-.) 
 
 Shall not refuse to work 87 341 
 
 Persons failing to pay 87 342 
 
 DIRT 
 
 Must not he removed from streets 50 1 26-32 
 
 Slave carrying away dirt 50 133 
 
 Shall not he removed from wh ar f 100 425 
 
 DISEASE. 
 
 No person with contagious disease shall he 
 
 hrought to the city G3 2 '2 
 
 Slaves with small-pox must he sent to the 
 
 Hospital C'l T88 
 
 Owner refusing to send slave to the Hos- 
 pital ^ 01 18U 
 
 Owner refusing to pay the cost of remov- 
 ing slave 61 100 
 
 Physicians having patients with the small- 
 pox 01 101 
 
 The prevalence of epidemics 00 181 
 
 The hoard of health to inspect lots 50 170 
 
 Mayor shall report monthly the condition 
 
 of the city (-O 180 
 
 DISORDERLY CONDUCT. 
 
 What is 47 100 
 
• 126 
 
 PAOE. SEC. 
 
 DISORDERLY CONDUCT {Continued.) 
 
 Persons injuring fences, door-plates, sign- 
 boards, &c 47 110 
 
 Minors or apprentices guilty of. 47 111 
 
 Killing and crippling animals 47 112 
 
 Cock-figiiting or dog-figliting 47 IK) 
 
 Slave guilty of cruelty to animals 47 114 
 
 Drunkenness 48 115 
 
 Grambling prohibited 48 116 
 
 Grambling with slaves or free negroes for- 
 bidden 48 117 
 
 Informer to be paid 48 118 
 
 Keeping house of ill fame 48 119-20 
 
 Disturbing public worship 49 123 
 
 Injuring public property 49 126-7 
 
 No person shall discharge fire arms 50 129 
 
 Military companies may discharge fire- 
 arms 50 130 
 
 In a public house 49 124 
 
 Slaves or free negroes guilty of 85 332 
 
 Drivers of licensed vehicles guilty of 37 62 
 
 DISTRICTS, FIRE. 
 
 City divided into three 55 159 
 
 DOGS 
 
 Not allowed to run at large without col- 
 lars -^-^ ^^ 
 
 The Marshal must procure dog-collars 33 34 
 
 Owner may obtain collar 33 35 
 
 The Marshal must not sell collars to slaves 33 37 
 
 Slaves shall not keep dogs 33 38 
 
 Free negroes must have license for dogs... 33 39 
 
 Must not be about the market TO 246 
 
 DRAYS 
 
 Must be licensed 39 70 
 
 Number of, fsistened on 39 /I 
 
12V 
 
 DRAYS {Continued.) 
 
 Driver refusing to carry a load 31) 72 
 
 A load for a dray 40 73 
 
 Licenses of, expire 40 74 
 
 Drivers must not p;o f\ist 40 7.') 
 
 DRIVING FAST, 
 
 Forbidden 40 70 
 
 DRUNKENNESS. 
 
 Persons lyinij; or staggerinp; about public 
 
 places 48 115 
 
 EMPLOYER 
 
 Of a slave shall pay when work is finislied 87 342 
 
 No person shall hire a slave not licensed... 84 325 
 Shall not permit slave to live or sleep off 
 
 his premises 83 3)20 
 
 Of a hack, refusing to pay, fined 30 57 
 
 ENGINEERS. 
 
 Chief and Assistant elected 7)o 155 
 
 Oath of. 55 15G 
 
 Vacancy, how filled 55 158 
 
 Assistant shall be chosen 55 159 
 
 Chief and Assistants shall be Marshals.... 50 103 
 The Chief shall provide ibr the keeping of 
 
 Engines &c 50 105 
 
 The Chief shall kcc}) an account of fires 
 
 and losses 57 100 
 
 The Chief shall make an annual report.... 57 107 
 
 Shall ascertain where water can be obtained 57 108 
 
 Assistant shall bear orders of the Chief.. 57 109 
 
 Shall hold meetings 5S 170 
 
 EPIDEMICS. 
 
 During prevalence of, Mayor sluiU report 
 
 daily i.ii \^\ 
 
128 
 
 PAGE. SEC, 
 
 EVIDENCE. , 
 
 The Marshal or a Policeman must sum- 
 mons witnesses 53 146 
 
 Witnesses refusing to appear 53 147 
 
 Witnesses refusing to testify 53 148 
 
 EXCAVATIONS. 
 
 Of cellars, &c 50 131 
 
 Digging and carrying away dirt 50 132 
 
 EXECUTIONS. 
 
 May issue for fines 52 140 
 
 May issue for collection of taxes 95 396 
 
 May be levied on any property 95 397-8 
 
 EXHIBITIONS. 
 
 Must be licensed 51 134 
 
 No license for Paintings, Statuary, &c., or 
 
 for charitable purposes 51 136 
 
 Marshal shall attend exhibitions 51 137 
 
 EXPENDITURES. 
 
 City Clerk shall keep an account of 44 99 
 
 For repairing engines and apparatus 56 165 
 
 EXTENSION. 
 
 Of streets, how made 10 
 
 Land may be purchased for 10 
 
 FAME, ILL. 
 
 Persons of, how dealt with 75 274 
 
 Persons keeping houses of 48119-20 
 
 What is a house of ill fame 49 121 
 
 Persons renting houses of 49 122 
 
 FALSE MEASURES, &c. 
 
 Persons using Y2 256 
 
 FALSE MARKS, BRANDS, &c. 
 
 Persons selling by 72 257 
 
 FALSE PRETENSES. 
 
 Persons obtaining money or goods by 35 50 
 
I'MiE. SEC. 
 
 FAKE. 
 
 Of cal)8, carriages, hacks, iV'c o(> ."io 
 
 Driver of liacks, cVc, may contract for I)G 50 
 
 Hack-men cliarging niorc than estahlishcd 
 
 rates of. ;;7 58 
 
 Persons lefnsing to ])ay '.]() 57 
 
 FAST DRIVING. 
 
 Forhidden , 40 T(J 
 
 Of drays, carts, t^-c 40 75 
 
 FEES. 
 
 Must be set down on docket 53 149 
 
 Of the Mayor 53 150 
 
 Of the Clerk 54 152 
 
 OftheMarshal 54 152 
 
 FEMININE. 
 
 Included in masenline 27 1 
 
 FIGHTING. 
 
 Of slaves or free negroes 85 332 
 
 (See assault and hattery, and atfrays.) 
 
 FILTH. 
 
 Not to be thrown in the streets 'J2 371-2 
 
 Mayor shall cause removal of 59 1 7l) 
 
 Owners of lots must keep them clean 60 182 
 
 Not to he emptied in flie sewers (Jl 187 
 
 FINES. 
 
 Persons iiiiling to pay, may l)e imprisoned 52 13'.t 
 
 How collected 52 140 
 
 Of minors and a])prentices 47 III 
 
 Of free negroes <)0 3(; } 
 
 FlUES. 
 
 Fire Department 51 I5.> 
 
 Engineers ot Fire Depaitment 55 15-^ 
 
 Engineers, how elected 55 155 
 
 Oath of engineers 55 150 
 
 Engineers must carry a trumpet 50 ir,(i 
 
 is 
 
130 
 
 PAC^E. 8EC. 
 
 FIRES {Couiinutd .) 
 
 Officers may be removed 55 157 
 
 When vacancy occurs 55 158 
 
 The Chief Engineer has all authority 50 161 
 
 All persons must aid at 56 162 
 
 Engineers at fires, Marshals 56 16o 
 
 To prevent the spread of 56 164 
 
 Chief Engineers shall provide for keeping 
 
 apparatus 56 1 65 
 
 An account of, must be kept 57 166 
 
 Engineers must ascertain where water can 
 
 beobtained 57 168 
 
 When Engineers absent from 57 16t) 
 
 City divided into fire districts 55 159 
 
 Fire limits 58 171 
 
 FIRE-ARMS. 
 
 Not to be discharged 50 1 29-30 
 
 FIRE COMPANIES. 
 
 In the fire department 54 153 
 
 Each Company may nominate a candidate 55 155 
 
 All under control of Chief Engineer 56 161 
 
 The apparatus of shall be kept in good or- 
 der 56 165 
 
 Number of companies and members in 
 
 each, to be reported 57 167 
 
 The foremen of, at fires 57 167 
 
 FIRE DEPARTMENT. 
 
 Organized 54 153 
 
 FIRE LIMITS. 
 
 What are 58 171 
 
 'No Avooden building erected in 58 172 
 
 What shall be considered a wooden l)uild- 
 
 j n o' O o 1 < O 
 
 No wooden building must be moved in 58 174 
 
 Blacksmith shop must not be set up in.... 59 175 
 
I'AtiK. SKC. 
 
 FIRE LIMITS {Continued:) 
 
 A lumber-kiln not to bo allowed in 50 17<'» 
 
 Wooden buildings must not be enlarged... 50 17'.' 
 FJRK I'LACES. 
 
 Dangerous to adjoining property 4I> Uo 
 
 Persons lailing to remove 43 04 
 
 FLYING KITES. 
 
 Forbidden 03 383 
 
 FOOD. 
 
 Unsound, sluill be condemned by market 
 
 Clerk 70 247 
 
 Not tt) be sold on Sunday 71 240 
 
 Persons buying, to speeulate 71 24H 
 
 FOREST ALLING. 
 
 Probibited in market 71 24S 
 
 FREE NEGROES. 
 
 Guilty of assault on slave 20 14 
 
 Committing assault on free negro 20 15 
 
 Making an assault on a wliite person 20 IP. 
 
 Not to wasb animals or vebicles near Arte- 
 sian wells 34 41-5 
 
 Not to tbrow anything in Artesian Basin 34 42-5 
 
 Shall not bathe in Artesian Basin or river 3)4 43-5 
 Free negroes injuring fence of grave yard^ 
 
 &c P 41 78-80 
 
 Shall not destroy flowers or break monu- 
 ments, &c 41 70-80 
 
 In what part of grave yard, buried 42 80 
 
 Guilty of cruelty to animals 47 112 
 
 Shall not engage in cock-fighting 47 113 
 
 Shall not bring paupers to the city 75' 2 7 2-: I 
 
 Shall not keej) .^hoj), for sale of cand> . 
 
 cakes, &c S3 322 
 
 May keep a barber shop 84 323 
 
 Shall not (juarrel or use indecent language 85 
 
 .>o- 
 
1S2 
 
 ['Mil-:. SKC. 
 
 FREE NECIROES {Conihiuccl.) ^'^HB: 
 
 Must not gamble 85 333 
 
 Shall not be present where slaves gamble 8('> 334 
 
 Shall not be at unlawful assembly S7 34') 
 
 Must not smoke or carry a stick in the 
 
 streets S(^ 33G 
 
 Harboring a slave or furnishing '• free pa- 
 pers' ' 
 
 Shall not loiter about a private residence... 
 
 Coming to the city 
 
 Names of, to be i-egistercd by the City 
 
 Clerk ^ 
 
 Must pay Clerk for registering names 
 
 Moving their residence 
 
 The Marshal must visit the residence of... 
 
 Neglecting to register their names 
 
 Shall pay a tax 
 
 Unable to pay tax 
 
 Shall not be on the streets at night 
 
 Shall not associate Avith slaves 
 
 Failing to pay lines 
 
 Shall obtain license to work 
 
 Must not fly kites in tlie City 
 
 FUTURE. 
 
 Included in the past and present..' 27 1 
 
 GAMING. 
 
 Forbidden 48 TIC 
 
 Owners of premises must not permit slaves 
 
 and free negroes to game 
 
 Retailers must not permit gaming 
 
 Retailers allowing slaves or free negroes to 
 
 gamble 
 
 Slaves or free negroes gambling 
 
 A slave or free negro ju'esent at 
 
 86 
 
 337 
 
 87 
 
 343 
 
 8!) 
 
 353 
 
 80 
 
 3>54 
 
 89 
 
 355 
 
 89 
 
 35 K 
 
 89 
 
 357 
 
 90 
 
 358 
 
 90 
 
 359 
 
 90 
 
 300 
 
 90 
 
 301 
 
 90 
 
 362 
 
 90 
 
 363 
 
 90 
 
 364 
 
 93 
 
 383 
 
 48 
 
 117 
 
 82 
 
 311 
 
 82 
 
 312 
 
 85 
 
 333 
 
 86 
 
 334 
 
1 oo 
 
 l>A<iK. f<EC. 
 
 GAMING {Continued.) 
 
 White persons present where slaves or I'ree 
 
 negroes are gamini:; H<"> •»-^'> 
 
 GAS. 
 
 Contract lor 103 
 
 Gas Tompany must ohtain license TiT) 2111 
 
 GATES. 
 
 Of grave yard must not be injured 41 7^5 
 
 Of grave yard to be opened by Sexton 42 8(1 
 
 Persons carrying away gates 4T 1 1 '• 
 
 Minors <n- ap])rentices injuring gates 47 111 
 
 GRAVES. 
 
 The graves mu.st must be dug in the Ceme- 
 tery 41 8,') 
 
 GRAVE YARD. 
 
 All corpses must be buried in 40 77 
 
 Persons injuring tombs, or breaking How- 
 
 ers, &c.... 41 78-0 
 
 Slaves or free negroes injuring tombs, Sec. 41 SO 
 
 Lots must not be enclosed, &c 41 SI 
 
 The Sexton shall keep a map of. 41 Sl> 
 
 The Sexton shall point out any grave in... 41 85 
 
 Shall be kept i n good order 42 8(5 
 
 GUARD HOUSE. 
 
 All persons arrested, to be confined in 80 302 
 
 Slaves committed to 78 291 
 
 The Marshal shall have charge of 80 303 
 
 GUNS. 
 
 Not to be discharged in tbe city ')0 1211-30 
 
 GUN POWDP]R. 
 
 Shall be kept in the Maga/Jne 68 233 
 
 May be taxed r.8 234 
 
 No person must keep more than one keg 
 
 in his store <)'.l 2;J7 
 
134 
 
 PAGE. SEC. 
 
 HACKS. 
 
 Owners of, must obtain license 35 51 
 
 Applicants for license must make oath 35 52 
 
 License not to be transferred 36 53 
 
 Name of owner of, sliall be registered 30 53 
 
 Number of, must be painted on the lamps, 36 54 
 
 The fare allowed to 36 55-6 
 
 Persons refusing to pay the fare 36 5*7 
 
 Drivers of, cliarging more than the fixed 
 
 rates 37 58 
 
 Hackmen refusing to carry persons 37 59 
 
 Shall not be hired to slaves or free negroes 37 60 
 Shall not stand in front of dwelling or 
 
 store &c 37 61 
 
 Drivers of, guilty of disorderly conduct... 37 62 
 
 Hackmen shall not leave their horses 38 63 
 
 Hackmen shall not race 38 64 
 
 Drivers of, meeting other vehicles 38 65 
 
 Shall be stopped when hailed by a police- 
 man 38 66 
 
 Shall have copy of sections 55, 56, 57, 58, 
 
 59, in each 38 67 
 
 HAWKING AND PEDDLING. 
 
 Persons hawking goods about the streets 
 
 must obtain license 64 206-7 
 
 Fruit, Poultry, &c., must not be hawked 
 
 about on Sunday 71 249 
 
 HEALTH. 
 
 Board of healtli established 59 178 
 
 Board of Health shall insiDCct lots 59 179 
 
 Mayor shall report the condition of the 
 
 City 60 180 
 
 During epidemics Mayor shall report 60 181 
 
 Owners of lots must keep them clean 60 182 
 
 Persons disobevins: Board of Health 60 183 
 
135 
 
 PAGE. i^EC. 
 
 HEALTH {(Jonliniml.) 
 
 The Marshal shall execute onlers of Board 
 
 of Health GO KSl 
 
 Persons aggrieved by Board of Health OO liS,') 
 
 The Policemen shall report any cause of 
 
 disease 01 I8(i 
 
 Persons shall not empty noxious fluids C.l 1ST 
 
 Negroes having the small-pox must l)e re- 
 moved 61 188 
 
 The owner of diseased negro failing to re- 
 move him (') 1 IS'.t -90 
 
 A physician having patients Avith small- 
 pox 01 li)l 
 
 Persons controlling steamboats, &c., bring- 
 ing diseased persons to the city 63 202 
 
 HIRE. 
 
 Persons liiring unlicensed slaves 84 325 
 
 A slave not to hire bis time slave without 
 
 license 84 326 
 
 Slaves shall wear badges 87 340 
 
 Slaves shall not refuse to work 8*7 341 
 
 Persons failing to pay slaves 87 342 
 
 Persons l\iiling to pay for hacks, cabs, S:c. 36 57 
 
 HOGS. 
 
 Running at large, shall be sold 31 26 
 
 Sliall be advertised before the sale 31 27 
 
 The owner may obtain his hogs 32 20 
 
 No officer of the city, shall bid at sale of... 32 28 
 
 Shall not be owned by slaves 85 330 
 
 Persons permitting slaves to own hogs 85 331 
 
 HOOK AND ladder! 
 
 Com pany 54 153 
 
 HORSES. 
 
 Running at large, shall be advertised and 
 
 sold 32 30-31 
 
 Owner may obtain his liorse 32 32 
 
13(; 
 
 PAGE. iJEC. 
 
 IIORSEIS {Continued.) 
 
 Owner of, may prove his title witliiii one 
 
 year o2 )>o 
 
 Shall not 1)e tied to lamp post 50 128 
 
 Shall not be allowed to stand on the side- 
 walks 'J2 377-8 
 
 Shall not he ridden or driven on sidewalks 93 379 
 
 Not to be owned by slaves 85 330 
 
 Persons permitting slaves to own 85 331 
 
 Not to be driven fast 40 76 
 
 HOSPITAL. 
 
 No person shall reside in G2 192 
 
 The steward shall live in and take charge 
 
 of G2 194 
 
 No person admitted withont a certificate of 
 
 Physician G2 193 
 
 The names, &c., of patients must be re- 
 gistered 62 195 
 
 No person shall loiter about 62 196 
 
 Alcoholic liquors shall not be carried to.... 62 197 
 
 The grounds of, must be kept in good order 63 198 
 The City Physicanmust examine applicants 
 
 for admission to ()3 2U0 
 
 Shall be visited by City Physician 63 201 
 
 Negroes having small pox, must be placed 
 
 in 61 188-9 
 
 HOUSES. 
 
 Wooden, sliall not be built in fire limity... 58 172 
 
 What shall be considered wooden 58 1 73 
 
 Wooden, shall not be moved in fire limits. 58 174 
 Proprietor of public, not to i)ermit disor- 
 derly conduct 49 124 
 
 Persons injuring public buildings^ 49 125 
 
 Persons must not fasten animals to public. 50 128 
 
 Cabs^ Hacks, &c., not to stand before 37 61 
 
 Houses of free Neo-roes to be visited 89 357 
 
137 
 
 PAOK. SEr. 
 
 HOUSES {Confmued.) 
 
 Houses where negroes resort 78 iMll 
 
 HOUSE OF ILL FAME. 
 
 Shall iKit he kept in city iSllO-'JO 
 
 A house inhabited hy lewd woinen, — a 
 
 house of ill fame \\) \-j,\ 
 
 Persons renting a building to be used as a 
 
 house of ill fame 4;) j^'i 
 
 IDLERS. 
 
 How dealt with 75 v»74 
 
 ILL FAME. 
 
 Houses ol", not to he kept 48n9-l'0 
 
 What is a house of (.9 \ 21 
 
 A building rented to be used as a house of 49 122 
 
 Persons of, how treated 75 274 
 
 IMPRISONMENT. 
 
 Persons arrested may be impi-isoned 3(1 19 
 
 Persons may be imprisoned for tine 52 !:]•) 
 
 Shall be in guaid li()u.«e, &c 80 1502 
 
 INCORPORATION. 
 
 Act of I 
 
 INDECENT CONDUCT. 
 
 Forbidden 4 'j- | ()f ) 
 
 Slaves Ol- free negroes guilty of 8.') :^:j 2 
 
 Drivers of veh ieles guilty of :;7 02 
 
 KITES. 
 
 Persons shall not Hv kites 9;; ;;x:5 
 
 LABORERS. 
 
 Shall be licensed (',7 ^2!t 
 
 Slaves must be licensed as S4 :52fi 
 
 Free negroes must have license to work in 
 
 tlie city .)0 ;;n4 
 
 Persons failing to pav 87 :>4"' 
 
 T-AMPS. 
 
 Pers(ms breaking lamps of the city 50 127 
 
 Of licensetl vehicles IJf, :, j 
 
 19 
 
188 
 
 PAGE. SEC. 
 
 L.\MP POST;S. 
 
 Animals must not be fastened to 50 128 
 
 Shall not be broken 50 127 
 
 LAND. 
 
 How taxed 13-'J5 392-8 
 
 At what rates land shall be taxed 7 
 
 Land sold for Taxes may be redeemed 96 102 
 
 Taken to widen or extend streets 10 
 
 LEASES. 
 
 Of Market Stalls and Cottee Stands fU) 238 
 
 LECTURES. 
 
 Shall be licensed 51 134 
 
 LEWD PERSONS. 
 
 House to which lewd women resort 49 121 
 
 How such ])ersons dealt with 75 274 
 
 LICENSES. 
 
 When license shall expire 04 204 
 
 Not to be issued for less than one year.... 64 205 
 
 Persons hawking* or ])eddling, shall obtain 64 200 
 
 Of Auctioneers 65 208 
 
 Of Commission Merchants, Factors and 
 
 Brokers, &c 65 210 
 
 Of Ware-house-meu 65 211 
 
 Of Insurance Companies 65 212 
 
 Of Gas Companies 65 213 
 
 Of Agents of Lotteries 65 214 
 
 Of Banks and Bank Agencies 66 215 
 
 Of Brokers and Exchange dealers 66 216 
 
 Of Livery Stables 66 217 
 
 Of persons having stock for sale 66 218-9 
 
 Of Merchants 66 220 
 
 Of persons offering bacon, Hour, &c., in 
 
 wagons 66 221 
 
 Of persons playing on musical instruments 67 222 
 
 Of Hotels ". 67 223 
 
 Of Restaurants 67 224 
 
I 
 
 1 
 
 I 
 
 131> 
 
 VAQE. 8EC. 
 
 LICENSES {Couilnuc(L) 
 
 Of Billiard Tables..* 07 225 
 
 Of Bagatelle or Pool Tables (')7 220 
 
 Of Pistol Galleries 07 227 
 
 Of Ten Pin-alleys 07 228 
 
 Of day laborers 07 229 
 
 Of Hacks, Carriages, Cabs^ &c 35 51 
 
 Of Retailers of spirituous or vinous liquors 80 300 
 
 Of Retailers ot Porter, Ale, t^-c 81 307 
 
 Of Retailers maybe annulled 82 312-5-7 
 
 Of Slaves to bire tlieir time 84 320 
 
 Of Slave traders, cl'c 89 351 
 
 Of Drays, Carts, &c 30 70 
 
 Of iree negroes working in tbe city 00 304 
 
 LIGHTS. 
 
 Of Lamps of Hacks, Cabs, &c., to be kept 
 
 burning 3() 54 
 
 LIMITS, FIRE. 
 
 Wbat sball be 58 171 
 
 No wooden bouses sball be erected in 58 172 
 
 Wbat sball be considered a wooden build- 
 ing 58 173 
 
 No wooden building in, sball be moved.... 58 174 
 
 Wooden buildings must be covered witb 
 
 zinc, tin, cl'C 50 177 
 
 LIQUORS. 
 
 Retailers of. 80-1 300-7 
 
 Not to be sold to slaves 82 312 
 
 Wbat is a load of, for a Dray, Cart, t^'c... 40 73 
 
 LISTS. 
 
 Tbe Clerk shall prejmre a list of voters.... 45 104 
 
 LIVERY STABLES. 
 
 Sball be licensed 00 217 
 
 LOAD. 
 
 Of a Dray, Cart, Wagon, &c 40 73 
 
]40 
 
 PAGE. SEC, 
 
 Load {Continued.) 
 
 Drivers of Drays, &c., refusing to carry.. 39 72 
 
 The rate of cliarfring: for 40 V3 
 
 Drivers of Hacks, &c., refusing to take.... 37 59 
 
 The fare for a Hack, Cab, &c ".O of, 
 
 LOTS. 
 
 Subdivision of, may be sokl 96 400 
 
 Mayor or Board of Health, may inspect.... 59 179 
 
 Shall be kept clean 00 182 
 
 Nuisance not })ermitted on 74 269 
 
 In Grave-yard, liow obtained -11 81 
 
 Owners of, shall repair side-walks 91 366-7 
 
 LOTTERY OFFICES. 
 
 Shall be licensed (i5 214 
 
 Ll'MBER-KILN. 
 
 Shall not be made, cV'c 5;) 176 
 
 .^L\GAZINE, POWDER. 
 
 Clerk ot; appointed 68 230 
 
 Powder shall be kept in 69 237 
 
 Powder, when received <i8 233 
 
 MAPS. 
 
 Of Grave-yard, to be kept by Sexton 41 83 
 
 1\> be delivered to the Mayor 42 91 
 
 MARKS. 
 
 Selling Merchandise by false 72 257 
 
 MARKET. 
 
 Shall be divided into stalls, and rented.... 69 238 
 Persons shall rent more stalls than are ne- 
 cessary 69 239 
 
 The stalls of, shall be cleaned 71 252 
 
 Clerk of, shall be elected 69 240 
 
 Salary of Market Clerk 70 241 
 
 Market hours 70 24 
 
 The Clerk must remain at 70 243 
 
 The Clerk must superintend 70 244 
 
141 
 
 » VAflE, SEC. 
 
 MARKET {Continued.) 
 
 Vehicles and dogs, excluded from 70 '24(> 
 
 Unsound provisions shall he condemned.. 7<l -47 
 
 Forestalling forhidden 71 24S 
 
 The Clerk shall ring Market hell 71 251 
 
 The lessees of stalls to keep them clean... 71 2.')2 
 
 The Clerk of, may he removed 71 25'.5 
 
 The weight of Corn sold in the City 74 2r.8 
 
 MARSHAL. 
 
 How elected 7C> 270 
 
 Oathof 7(1 277 
 
 Bond of. 70 278 
 
 Shall arrest persons violating the law 70 2'J'.* 
 
 Shall execute process 7<> 280 
 
 May command citizens to aid him 7() 281 
 
 Shall report condition of the streets 77 282 
 
 lilust have the Market hell rung 77 288 
 
 Shall have control of the Policemen 77 280 
 
 Shall issue his orders to Captain of Police. 77 287 
 
 Must eep an account of ahsence of Police- 
 men 78 289 
 
 Persons resisting Marshal 78 292 
 
 Persons attempting a rescue 78 293 
 
 Shall notify patrol 79 297 
 
 Shall confine persons in Guard-house 80 302 
 
 Shall he keeper of city prison 80 303 
 
 Not to receive fees, unless placed on the 
 
 docket 53 149 
 
 Fees of 54 152 
 
 Persons arrested hy , may give hond 29 18 
 
 Shall advertise and sell cattle 3'^ 22 
 
 Must deliver cattle to the owner 31 25 
 
 Shall advertise and sell liogs 31 27 
 
 Must deliver hogs to the owner 32 29 
 
 Shall advertise and sell horses and mules. . . 32 30-1 
 
 Shall procure dog collars 33 34 
 
142 
 
 PAGE, SEC. 
 
 MARSHAL {Continued.) 
 
 Must kill dogs without collars 33 36 
 
 Shall not sell dog collars, to Negroes 33 37 
 
 Shall attend all exhibitions 51 137 
 
 Shall advertise property, levied on for fines 52 141 
 
 Must summons witnessess 53 146 
 
 Must execute orders of Board of Health... 60 184 
 Shall report anything injurious to health.. 61 186 
 Shall cause slaves with small-pox to be re- 
 moved... 61 189 
 
 Must test measures and Aveights 72 258 
 
 Shall confine slaves in guard-house 84 327 
 
 Shall inform owner of the slave's arrest.... 84 328 
 
 Shall commit slave, as a runaway 85 329 
 
 Shall visit residence of free negroes 89 357 
 
 Must hire out free negroes 90 360 
 
 Shall enter places were slaves gamble 78 291 
 
 Must collect costs of repairing side-walks.. 91 370 
 
 Shall seize horses on sidewalks 92 378 
 
 Must arrest persons owning Boats, &c 100 424 
 
 MASCULINE. 
 
 Includes Feminine and Neuter 27 1 
 
 MASTER. 
 
 Not to permit slaves to sleep on a separate 
 
 lot 83 320 
 
 MAYOR. 
 
 How elected 3 
 
 Oath of. 4 
 
 May hear and determine cases 6 
 
 May grant license to free Negro 33 39 
 
 Shall deliver schedule of Real Estate to 
 
 Assessors 46 106 
 
 May issue executions for fines 52 140 
 
 May issue execution for collection of Taxes 75 396 
 
 Upon complaint shall issue summons 52 143 
 
143 
 
 MAYOR {Continued.) 
 
 Fees of, must l»e placed on docket 5o 149 
 
 Fees of 53 150-1 
 
 Shall be President of the Board of Health. 59 178 
 
 Shall inspect Lots 59 179 
 
 Shall report the condition of the city fiO 180 
 
 During Epidemics, shall report daily 60 181 
 
 Vagrants may he taken before 75 274 
 
 Shall instruct Policemen 77 288 
 
 Shall grant license to owner of Slave 86-7 338-40 
 
 Shall lay returns of Assessors, before City 
 
 Council 95 393 
 
 Shall advertise assessment, for ten days.... 95 393 
 
 Shall convey Real Estate to original owner 96 402 
 
 MEASURES. 
 
 Used in the city 71 254 
 
 Diftering from the city standard -72 255 
 
 Persons fraudulently using false 72 256 
 
 At request of a citizen, shall be tested 72 258 
 
 Of corn shall weigh, &c 74 268 
 
 MERCHANTS. 
 
 Must obtain license 66 220 
 
 MILITARY COMPANIES. 
 
 May discharge fire-arms 50 130 
 
 MULATTO. 
 
 Included in the term ''Negro" 27 3 
 
 MUSICIANS. 
 
 Playing in the streets, must obtain license. 67 222 
 
 NEGRO. 
 
 Meaning of, in the Code 27 3 
 
 (See Free Negroes and Slaves.) 
 
 NEUTER. 
 
 Included in Masculine 27 1 
 
 NIGHT. 
 
 Policemen shall act as Watchmen 77 286 
 
 Persons arrested at night 78 290 
 
144 
 
 PAGE. SEC. 
 
 NIGHT {Continued:) 
 
 Slave shall not be out at night 78-84 291-327 
 
 Patrol shall arrest disorderly persons at... 79 301 
 
 Free Negroes shall not be on the streets at 90 361 
 
 Bell shall be rnng at 9 o'clock, at 84 327 
 
 NOTICES. 
 
 Shall be given to persons to act as patrol. . . 79 297 
 
 Of saleof Cattle 30 22 
 
 Of sale of hogs 31 27 
 
 Of sale of horses and mules 32 30-31 
 
 Of sale of Property to pay fines 52 141 
 
 Of sale of Property to pay taxes 95-G 397-8 
 
 To kee23ers of Livery Stables (56 217 
 
 To Merchants., 66 220 
 
 Clerk shall give notice, &c 45 102 
 
 Mayor sliall give notice of assessment. 95 393 
 
 To .persons to repair side-walks 91 370 
 
 NUISANCES. 
 
 What shall be deemed a nuisance 74 269 
 
 Sliall be abated 74 270 
 
 Persons unable to abate 75 271 
 
 Chimneys, Furnaces, &c., declared to be... 43 93 
 
 Persons continuing a nuisance 43 94 
 
 NUMBERS. 
 
 Of Vehicles, marked on them 36-9 54-71 
 
 OBSTRUCTIONS. 
 
 To side-walks or gutters, forbidden 91-2 368-76 
 
 OFFAL. 
 
 Shall not be thrown in tlie streets 92 372 
 
 OFFICERS. 
 
 City Clerk, how elected 6 
 
 Oath and Bond of City Clerk 43 95 
 
 Marshal shall be elected by the City Coun- 
 cil 76 276 
 
 Deputy Marshal shall be elected by the City 
 
 Council 76 275 
 
145 
 
 PAGE. SEC. 
 
 OM^ICERS {Continued.) 
 
 Clerk of Magazine, shall be elected by the 
 
 City Council i;8 2:?0 
 
 Clerk of Market, shall be elected by the 
 
 City Council «;•) 240 
 
 Sexton shall be elected by the City Council 41 82 
 
 Treasurer " '• '• " " ;)3 oS4 
 
 Wharfln-er ' " ;' !)S 41 li 
 
 OMNIBUS. 
 
 Shall be liceusetl 30 HS 
 
 I'AlNTINdS. 
 
 ]\Iay b(i exhiliiled without a license 51 loll 
 
 PAST. 
 
 Includes tlie fiilure 27 I 
 
 PATROL. 
 
 The Citizens may be enrolled as 78 2'.M 
 
 The names of persons shall be drawn, t^'C. 70 20 "> 
 The Mayor or Ahhuinan shall make a list 
 
 of the names 70 2'.C> 
 
 Persons shall he notified 70 207 
 
 Captain of, shall lie appointed 79 208 
 
 Persons refusing to act as Captain 70 200 
 
 Any one of the patrol, reported 70 'AOO 
 
 Shall perform duties of regular Policemen 70 '.]()} 
 PAUPERS. 
 
 Shall not be brought to the city 75 272 
 
 How dealt with 75 274 
 
 Slaves or free negroes shall not bring pau- 
 pers, t^'c 75 27i'> 
 
 Shall be buried in the grave-yard 42 80 
 
 PEACE BOND. 
 
 Maybe requireil 47 100 
 
 PEDDLING. 
 
 Must be licensed 04 200 
 
 Of provisions, tl'c.. on the Sabbath 71 249 
 
 20 
 
146 
 
 PAGE. SEC. 
 
 PERSONAL PROPERTY. 
 
 Taxes on, shall l)e assessed and collected 
 
 by City Clerk 45-95 103-31)6-7 
 
 PHYSICIANS. 
 
 Shall report cases of Small-pox 61 1 *J I 
 
 City Physician shall be elected 63 199 
 
 Duties of the City Physician 63 200-1 
 
 PISTOLS. 
 
 Shall not be discharged in the streets 50 129 
 
 Pistol (xalleries mnst be licensed 67 227 
 
 PLURAL. 
 
 Includes sing'ular 27 1 
 
 POLICE. 
 
 How elected 76 275 
 
 Non-residents shall not be cho-en Police- 
 men 77 285 
 
 The Policemen shall be under the Marshal 77 286 
 'i"!ie Marslial sliall issue orders to the Cap- 
 tain of. 77 287 
 
 The Mayor shall instruct the Policemen... 77 288 
 The Marslral shall keep account of absence 
 
 of Policemen 78 289 
 
 The Policemen shall arrest disorderly per- 
 sons 78 290 
 
 The Policemen shall enter places, &c 78 291 
 
 Persons resisting a Policeman 78 292 
 
 Persons attempting a rescue, &c 78 293 
 
 The Marshal shall report neglect of duty 
 
 by ^ \ 11 287 
 
 Wages of Policemen 77 286 
 
 The duties of. 77 286 
 
 Shall attend Exhibitions, &c 51 137 
 
 (See 3Iarshal.) 
 
 POLL-TAX. 
 
 All white men shall be taxed 97 409 
 
147 
 
 PAGE. .SEC. 
 
 TOOL TABLES. 
 
 Shall be lieenned f.T 22(; 
 
 POULTRY. 
 
 Not to 1)0 sold on the Saldiatli 71 1M!> 
 
 POWDER. 
 
 • Shall be kc})t ill the Magazine (i!) 237 
 
 At Avhat time received and delivered GS 2oo 
 
 Shall be taxed 08 234 
 
 The tax .■ollrcf od (^n OS 23:, 
 
 PRISON. 
 
 Shall be kept by the Mar.shal S( i :'.0; ; 
 
 Persons shall be confined in the gnard- 
 
 house cSO o02 
 
 Slaves shall be confined in 84 327-8 
 
 Persons failing to pay fines, imprisoned.... 52 13U 
 Free negroes may be conli ncd in 1)0 303 
 
 PRIVY. 
 
 Shall not be built near tlie streets 113 380 
 
 PRODUCE. 
 
 Bacon, Elour, iVc, must not be s(dd with- 
 out license i'><i 221 
 
 Fruit, Vegetables, il'C, sold with't linccnse. 04 207 
 
 PROSTITUTES. 
 
 Shall be punished 7") 274 
 
 House inhabited l)y 11' 121 
 
 PUBLIC HOUSES. 
 
 Proprietors of, shall ])r('serve order 4lt 12-J 
 
 PUBLIC PROPERTY. 
 
 Shall not be injured 411 12.7 
 
 Animals shall not be ffistened to buildings 50 12S 
 Persons must not remove gra.ss, dirt, tt'c .49-50 120-32 
 Rocks, Pebbles, Src, shall not be carried 
 
 from wharves 1 ' 4"i5 
 
 Persons must not break lam])s, posts, i^'c. 50 I 27 
 
 PUBLIC WORSHIP. 
 
 Shall not be disturbed 4 it IJ;; 
 
148 
 
 ]'A(JE. .SEC. 
 
 W BARRELING. 
 
 Forbidden 41 109 
 
 Drivers of licensed vehicles ii;uilty of 37 62 
 
 Slaves or free negroes guilty of 85 o32 
 
 KACJXGr. 
 
 Shall not be permitted in t!; e streets 38 CA 
 
 HHAL ESTATE. 
 
 Shall be assessed 95 392 
 
 The assessment of, shall be advertised 95 395 
 
 The assessment shall be a lien on 95 394 
 
 When owner of, is nnknown 9G 399 
 
 Taxes on, shall be collected by Clerk 95 395 
 
 Execution may issue 90 398 
 
 May bo sold for taxes 96 400 
 
 All sales shall be before Artesian Basin.... 97 403 
 
 Prooceeds may be kept for owner 90 400 
 
 May be redeemed 96 402 
 
 RECORDS. 
 
 Shall be kept by Clerk 43 96 
 
 REDEMPTION. 
 
 Of Land sold for taxes 90 402 
 
 REGISTRY. 
 
 Of deaths to be kept by steward of hospital 02 195 
 
 Sexton shall keep a registry of interments. 41 83 
 
 Of free negroes 89 354-5 
 
 RELIGIOUS WORSHIP. 
 
 Must not be disturbed 49 123 
 
 REMOVAL OF OFFICERS. 
 
 By the City Council 80 304 
 
 RENT. 
 
 How collected in the City 108 
 
 Of Market stalls 69 238 
 
 REPAIR. 
 
 Of side-walks 91 366-T 
 
 Persons failing to repair sidewalks 91 370 
 
14ii 
 
 PAGE. SEC. 
 
 KESCUE. 
 
 Persons attempting T*"^ - •^•' 
 
 RESISTING AN OFFICER. 
 
 Persons shall not resist officers 7H '1\)2 
 
 RESTAURANT. 
 
 Shall be licensed <m -^'^4 
 
 RETAILERS. 
 
 Shall ho licensed SO-1 306-T 
 
 Oath of 81 :^.08 
 
 License of, must contain the place, &c 81 ;>0y 
 
 License of, cannot be transferred by 81 olU 
 
 Shall not })crmit gaming- 82 'Ml 
 
 City Council may revoke license of 82 31 2-5 
 
 Shall keep order 82 ?A:\ 
 
 Shall not trade on Sabbath 82 :U-\ 
 
 Keeping house resorted to by slaves and 
 
 free negroes 821)1 ()-7-8 
 
 RIDING FAST. 
 
 Forbidden I'l Tf. 
 
 RIOTOUS CONIHICT. 
 
 Forbidden 47 10'.) 
 
 Minors or Apprentices guilty of 47 ill 
 
 RUNAAVAY. 
 
 Slave committed as 8.") :!2'.) 
 
 SABBATH. 
 
 Poultrv, Vegetables, &:c., shall not be sold 
 
 on " 71 241) 
 
 Retailers shall not sell on 82 314 
 
 Persons shall not receive goods, &c.,on.... 100 421 
 
 SALES. 
 
 Shall be at the Artesian Ba.'sin, or Court 
 
 House -'^ 403 
 
 Of Cattle 30 22 
 
 Of Hogs 31 27 
 
 Of Horses and Mules 32 31 
 
 Of Property to pay fines •'>2 141 
 
150 
 
 PAGE. SEC. 
 
 SALES {Continued.) 
 
 Of Property to pay taxes 95 397-8 
 
 City Officers, must not buy property at.... 80 305 
 
 SCALES. 
 
 Public, shall be established 72 259 
 
 Public weigher shall be appointed 72 260 
 
 The Bond and Oath of weigher 72 26i-2 
 
 The weigher shall keep scales in good order 73 263 
 
 The Scales shall be inspected 73 264 
 
 Public scales shall not be kept without 
 
 license 73 265 
 
 A white person shall attend public 74 266 
 
 Bates for weighing at public 73 263 
 
 May be tested by Clerk or Marshal 72 258 
 
 SCHEDULE. 
 
 The Clerk shall make a schedule of Real 
 
 Estate 46 106 
 
 The schedule shall be delivered to the as- 
 sessors 46 107 
 
 SEWERS. 
 
 Shall not be obstructed 92 376 
 
 Filth shall not be emptied into 61 187 
 
 SEXTON. 
 
 How elected 41 82 
 
 Shall keep a map of grave-yard 41 83 
 
 Shall make an index 41 84 
 
 Shall dig graves 41 85 
 
 Shall keep Cemetery in good order 42 86 
 
 Shall report number of interments 42 87 
 
 Compensation of 42 88 
 
 May be dismissed 42 90 
 
 Shall deliver books, maps, &c., to the 
 
 Mayor 42 91 
 
 SHOOTING. 
 
 In the City forbidden 50 
 
 129 
 
151 
 
 PAGE. SEC. 
 
 SHOWS. 
 
 S],ali .,L licensed 51 VM 
 
 <Jl Animals 51 135 
 
 Of Painting, etc., or for charitable pur- 
 poses 51 1 3 (') 
 
 The Marshal shall attend 51 13T 
 
 SIDEWALKS. 
 
 Shall not he encroached ni)on , 'Jl 3(15 
 
 Width of 1)1 3G(; 
 
 Shall not he obstructed 1)1 36S 
 
 Shall be repaired 1)1 370 
 
 Filth shall not be emptied on (il-92 187-371 
 
 SIGN-BOARDS. 
 
 Must not be injured or removed 47 110 
 
 Minors or Apprentices injuring 47 111 
 
 SINGULAE. 
 
 Includes the plural 27 I 
 
 SLAUGHTER-HOUSE. 
 
 In the City forbidden 74 201) 
 
 Owner of, failing to remove it 74 27') 
 
 If the person be insolvent 75 271 
 
 SLAVES. 
 
 Persons assaulting and beating 28 10 
 
 Persons assaulting slaves, with deadly 
 
 weapons 2S 11 
 
 Assaulting white i)ersons 21) 12 
 
 Reating another slave or free negro 2U 13 
 
 A free negro beating 21) 14 
 
 Shall not keep a dog 33 38 
 
 The Marshal shall not sell a dog collar to. 33 37 
 Shall not wash vehicles, ttc, near Arte- 
 sian Wells 34 41-4 
 
 Must not throw anything in Artesian Basin 34 42-4 
 
 Shall not bathe in Artesian Basin or River 34 43-4 
 
 Guilty of Burglary or Larceny 35 48 
 
152 
 
 PAGE. SEC. 
 
 SLAVES (Continued:) 
 
 Driving Hacks must not charge above tlie 
 
 fixed rates o7 58 
 
 Kefusing to carry persons in liacks, c^-^c... 37 51) 
 
 Hiring veliicles to slaves or free negroes... 'Al OO 
 Shall not keep vehicles in front of stores 
 
 &c -n (;i 
 
 Driving vehicles, guilty of disorderly con- 
 duct 37 02 
 
 Shall not leave their horses 38 63 
 
 Shall not race in the streets 38 64 
 
 Shall drive to the right 38 65 
 
 Shall stop their vehicles when hailed 38 66 
 
 Shall not drive fast 40 75 
 
 Shall be buried in the grave-yard 42 80 
 
 (fuilty of cruelty to animals 47 112-4 
 
 Engaging in cock-fighting 47 113-4 
 
 Persons permitting slaves to game 48 117 
 
 Shall not dig or carry away dirt. <.^'c 50 132-3 
 
 Refusing to aid at fires.'. 56 1(;2 
 
 Having small-pox, shall be carried io the 
 
 Hospital 61 188-'J 
 
 Shall not bring paupers to the city 75 273 
 
 Absent from owner's lot, shall l)e arres- 
 ted 78-84 291-327 
 
 Houses in which liquor is sold, visited by.. 82 316 
 Shall not live away from tlie owner's pre- 
 mises 83 310 
 
 Owner permitting slaves to live or sleep off 
 
 his lot ^ 83 320 
 
 Persons renting a lot or room to 83 321 
 
 Shall not keep cake or candy shops 83 322 
 
 May keep a barber shop 84 323 
 
 Persons hiring unlicensed slaves ... 84 325 
 
 Persons permitting slaves to Avork without 
 
 license 84 326 
 
i5r> 
 
 iSFiAVES {(Joniinued.) 
 
 May be committed to jail S.j 329 
 
 Shall not own a veliicle or animal 85 330 
 
 Shall not quarrel or figlit, Szc 85 332 
 
 Using profano or Indocont, lano'uago 85 332 
 
 Shall not gamhh^ sr. 333 
 
 Shall not bo present wlioro gaming is car- 
 
 netl on 80 334 
 
 Shall not smoko or carry a stick 80 33G 
 
 Shall not harbor a slave or give a pass SO 33*7 
 
 May have license to hire their time 80 338 
 
 Shall wear badge 8G 331) 
 
 Shall not wear the badge of another slave. 87 340 
 
 Shall not rcfnse to work 87 34 J 
 
 Persons tailing to pay 87 342 
 
 Sliall not loiter about private lots 87 343 
 
 Shall not be present at an unlawful assem- 
 bly 87 3J4 
 
 Persons sliall not sell J i(|Uor to 8T 3-10 
 
 Persons sliall not sell to, nor buy from 87 340 
 
 l*ersons selling lifiuor to, oi- buying mer- 
 chandise from 88 347 
 
 May sell vegetables, milk, &c 88 348 
 
 vSlavc traders shall not exhibit 'fs^d 351 
 
 Slave traders must obtain license 89 352 
 
 Shall not ily kites 93 383 
 
 Shall bo taxed 97 111 
 
 SLAVE-TRADERS. 
 
 Shall not exhibit slaves near Court-house.. 87 351 
 
 Shall obtain a license 81 352 
 
 SMALL-POX. 
 
 Negroes having, must be carried to the 
 
 Hospital <i I J 88-9 
 
 Physician shall I'oport all cnsf^s of 01 191 
 
 SMOKING. 
 
 Slaves and free negroes shall not smoke in 
 
 the streets 'Sfi '.W^ 
 
 21 
 
154 
 
 PAGE. SEC. 
 
 !SOAP. 
 
 Factory ol", shall not be set up, &c.: 5^t ]75 
 
 SPIRITUOUS LIQUOES. 
 
 Sale of, must be licensed • 80-1 306-7 
 
 Shall not be sold on Sunday 82 314 
 
 Shall not be sold to slaves 8V 346 
 
 Slaves loitering about place, where sold .... 82 31G 
 
 STABLES. 
 
 Livery, shall be licensed 66 2I7 
 
 STALLS. 
 
 In the Market to be rented 69 238 
 
 Persons shall not rent more stalls, &c 60 239 
 
 Shall be kept clean 71 252 
 
 STEAMBOATS. 
 
 Shall be taxed lUU 422 
 
 Persons refusinc; to pay tax on 100 423-4 
 
 STEPS. 
 
 ()t houses, must not be injured 47 Hii 
 
 ^Minors or Apprentices 47 111 
 
 STOVES. 
 
 Dangerou^s I0 adjuluiug propejLy must he 
 
 removed 43 93 
 
 Persons failing to remove 43 94 
 
 STREETS. 
 
 May bo widened .* 10 
 
 Shall not be encroached upon 91 365 
 
 Width of side-walks 91 366 
 
 Must not be encumbered 91 368 
 
 May be occupied for building purposes 91 369 
 
 Persons failing to repair side-walks 91 370 
 
 Filthy water must not 1)0 thrown into 92 371 
 
 Oftal must not be emptied on 92 372 
 
 Market, Lawrence, Perry and Court 92 373 
 
 Cellar doors, must not be above 92 374 
 
 Steps shall not be erected on 92 375 
 
 Sowers must; not be obstructed 92 376 
 
15:> 
 
 TAGE. i^EC. 
 
 STREETS (Continued. ) 
 
 Horses must not stand ou .sidewalks 92 377 
 
 Horses found on sidewalks 1)2 3*78 
 
 Persons must not ride on sidewalks 1)3 379 
 
 Privies must not l)e built near sidewalks... 93 380 
 
 Persons shall not camp on 93 381-2 
 
 Persons must not fly kit«^s on 93 383 
 
 SUPGGNAS. 
 
 Form of Ill 
 
 Shallbc issued by the Clerk 40 108 
 
 May ho .scrvt^d hy nny Officer 53 1 4 <) 
 
 SUMMONS. 
 
 Theform ol" 110 
 
 Must be issued by the Mayor 52 143 
 
 The Clerk may issue 44 97 
 
 The Marshal shall execute 7r> 280 
 
 SUNDAY. 
 
 Poultry, Vegetables, &c., shall not be sold 
 
 on ' ! 71 249 
 
 Retailers shall not sell liquors on 82 314 
 
 Merchandise shall not be received on 100 421 
 
 SUSPICIOUS PERSONS. 
 
 Arrested by the Policemen 78 29') 
 
 SUSPICIOUS PLACES. 
 
 Policemen shall enter 78 291 
 
 TAVERNS. 
 
 Shall be licensed <m 223 
 
 Proprietor of, shall preserve order 49 1 21 
 
 TAXES. 
 
 Assessors of, shall be appointed 94 39 1 
 
 The duties of Assessors of. 9o 392 
 
 The Mayor shall advertise assessment of... 95 393 
 The assessment of, shall be a lien on pro- 
 perty 9 ^ '^'''^^ 
 
 Shall be collected by the Clerk 95 395 
 
If)!') 
 
 rA(!E. SEC. 
 
 1 AXE»S {Continued:) 
 
 On j)ersonal property shall be assessed and 
 
 collected by the Clerk 45 lOo 
 
 Before assessment of, the Clerk shall pre- 
 pare a list 45 104 
 
 The assessment of, shall he corrected hy 
 
 list of voters 46 105 
 
 Schednlo of real estate to he delivered 40 lOH 
 
 Execution shall issue for 05 396 
 
 Execution levied on personal property 05 397 
 
 Real Estate levied on to pay 96 398 
 
 Real Estate may he sold for 96 400 
 
 The proceeds of real estate to ho kept for 
 
 the owner 96 401 
 
 Land sold for^ may be redeemed 96 402 
 
 Persons paying taxes before December 97 404 
 
 Of Lawyers, Doctors and Dentists 97 405 
 
 Of Daguerreotypists and T^rtists of like 
 
 Character 97 406 
 
 Of watches, chains and clocks 97 407 
 
 Of furniture and silver-ware 97 408 
 
 Of white persons 97 409 
 
 Of horses and carriages 97 410 
 
 Of slaves * 97 411 
 
 Of free negroes.., 90 359-60 
 
 Of Boats 100 422-3 
 
 TAX-COLLECTOR. 
 
 The City Clerk shall he 45-95 103-395 
 
 TEN-PIN ALLEYS. 
 
 Must be licensed (;7 228 
 
 'J'HEATRES. 
 
 Must be licensed 51 134 
 
 The Marshal shall attend 51 137 
 
 The Clerk oV Marshal neirlectina' duties.... 51 138 
 
ir>7 
 
 PAGE. SEC. 
 
 TOMBS. 
 
 Must not be iujiited 41 78 
 
 Slaves or free nogrocs in juving tl 78-80 
 
 TRADE. 
 
 Persons nuist obtain license '><• 220-1 
 
 TRADERS. 
 
 In Slaves, must obtain license 8<l .')r)2 
 
 Shall not exliibit slaves at the Court-house 
 
 &c 80 851 
 
 In horses must, obtain license ^0 218-0 
 
 TRADING WITH SLAVES. 
 
 Forbidden 87 34G 
 
 Persons may buy Fruit, Eggs, &c., from.. 83 348 
 
 Proof of. 88 340 
 
 Persons buying Cotton, Corn, Bacon, &c., 88 350 
 
 TREASURER. 
 
 How elected 03 384 
 
 Must give a bond 04 385 
 
 Shall receive and pay out money 04 380 
 
 Shall account monthly to the City Council 04 387 
 
 The account ol^ 04 388 
 
 The salary of 04 380 
 
 May be dismissed from office 04 300 
 
 Must keep money for the owner of land sold 
 
 for taxes OC 101 
 
 TREES. 
 
 In the Cemetery shall not be injured 41 70 
 
 Slaves or free negroes injuring .„.. . 41 70-80 
 
 UNLAWFUL ASSEMBLY. 
 
 Of Slaves forbidden 87 344 
 
 White persons or free negroes present at. . . . 87 345 
 
 UNSOUND PROVISIONS. 
 
 Shall be condemned 70 247 
 
 VAGRANTS. 
 
 Shall be taken before tlie Mayor 75 27^ 
 
158 
 
 PAGE. SEC. 
 
 VEaETABLES. 
 
 Stalls for sale of. 69 238 
 
 Shall not be hawked about on Sunday ^1 249 
 
 Slaves may sell 88 348 
 
 VEHICLES. 
 
 Shall be licensed 35-39 51-68-70 
 
 Must be numbered 36-9 54-Yl 
 
 Licenses of, expire in March 40 74 
 
 Must not be driven fast 38-40 64-75 
 
 VENDING GOODS. 
 
 By sample must be licensed 64 206 
 
 From wagons must be licensed 66 221 
 
 VINOUS LIQUOKS. 
 
 Sale of, must be licensed 80 306 
 
 Shall not be sold on Sunday 82 314 
 
 Must not be sold to slaves 87 346 
 
 Slaves loitering about place, where sold.... 82 316-7 
 
 VOTERS. 
 
 Must pay a poll-tax 4 
 
 Persons voting illegally 98 412 
 
 WAGONS. 
 
 Shall be licensed 39 70 
 
 Must be numbered 39 71 
 
 Driver of refusing to carry a load 39 72 
 
 What shall be a load for 40 73 
 
 Drivers of, charging more than fixed rates 40 73 
 
 Licenses for, shall expire 40 74 
 
 Driver of, must not drive fast 40 75 
 
 Shall not obstruct sidewalk 91 368 
 
 WARRANTS. 
 
 The Clerk must issue warrants 44 98 
 
 The Mayor may issue 56 143 
 
 Must be executed by Marshal 76 280 
 
 WATCHMEN. 
 
 Policemen shall act as 77 286 
 
 Shall arrest disorderly persons 78 290 
 
159 
 
 PAGE. SEC. 
 
 WATCHMEN {Continued.) 
 
 Shall enter places resorted to, by slaves or 
 
 free negroes 78 *J91 
 
 Citizens shallact as 78-0 29-1-5 
 
 G uilty of improper conduct 70 oOO 
 
 Shall patrol the street at night 70 301 
 
 Persons interfering with , 78 293 
 
 WEIGHER. 
 
 Public, must be elected.... 72 260 
 
 Bond and oath of. 72 2G1-2 
 
 Shall keep apparatus 73 263 
 
 Shall charge for weighing 73 263 
 
 Shall examine scales^ measures, &c 73 264 
 
 Shall keep while person at scales 74 266 
 
 Licensed weighers 74 267 
 
 Corn weighed by 74 268 
 
 WEIGHTS AND MEASURES. 
 
 Shall conform to the State standard 71 254 
 
 Persons selling by false 72 255-6 
 
 The Clerk or Marshal shall test 72 258 
 
 City Council shall provide 72 259 
 
 Shall be Inspected by public weigher 73 264 
 
 Market Clerk shall adjust 70 243 
 
 WHARF. 
 
 ' Boats at, shall be taxed 100 422-3 
 
 Persons who shall remove rocks, &c._, from 100 425 
 
 Goods shall not be delivered at, on Sunday 100 421 
 
 WHARFAGE. 
 
 Rates of 99 419 
 
 Wharfinger shall have a lien for 100 420 
 
 WHARFINGER. 
 
 Shall be elected 98 413 
 
 The Oath and Bond of 98 414-5 
 
 Shall keep a book 98 416 
 
 Shall render an account 99 417 
 
 Shall report repairs needed on Wharf 09 418 
 
ir,o 
 
 PAGE. SEC. 
 
 WH AEFINGER {Continued. ) 
 
 Shall have a lien for Wharfage 100 420 
 
 ' Shall collect tax on hoats 100 422-3 
 
 Marshal notified hy 100 424 
 
 WITNESSES. 
 
 The Clerk shall issue Suhpcenas to 86 108 
 
 Shall he summoned hy any officer 53 146 
 
 Failing to attend 53 147 
 
 Refusing to answer (|uestions 53 148 
 
 Fee of Clerk for issuing Supcena 54 152 
 
 Fee of Marshall for summoning 54 152 
 
 WOODEN BUILDINGS. 
 
 Shall not he erected in lire limits 58 172 
 
 What is a wooden huil ding 58 17^ 
 
 Not he carried into fire limits 58 174 
 
 Shall not be enlarged in fire limits 59 177 
 
 WORSHIP. 
 
 Shall not he disturbed 49 123 
 
) 
 

 Date Due 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I