Health.

Unwholesome substances.

Ordinances.

Penalties.

Proviso.

Vagrant chil

dren.

Power of taxation.

Contingent expenses.

School tax.

Sixtieth. To do all acts and make all regulations which may be necessary or expedient for the preservation of health and the suppression of disease.

Sixty-first. To prevent any person from bringing, depositing, or having within the limits of said city, any dead carcase, or any other unwholesome substance, and to require the removal or destruction, by any person who shall have, place, or cause to be placed, upon or near his premises, any such substance, or any putrid or unsound beef, pork, or fish, hides, or skins of any kind, and on his default to authorize the removal or destruction thereof by some officer of said city.

Sixty-second. The common council shall have power to make, publish, ordain, amend and repeal all such ordinances or by-laws and police regulations, not contrary to the constitution of this state, for the good government and order of the city and the trade and commerce thereof, as may be necessary or expedient to carry into effect the powers vested in the common council, or any officer of said city, by this act; and enforce observance of all rules, ordinances, bylaws, and police and other regulations, made in pursuance of this act, by penalties not exceeding one hundred dollars for any offence against the same. The common council may also enforce such rules, ordinances, by-laws, and police and other regulations, as aforesaid, by punishment of fine or imprisonment, or both, in the county jail, bridewell, or house of correction, in the discretion of the magistrate, or court before which conviction may be had: Provided, such fine shall not exceed five hundred dollars, nor the imprisonment six months.

Sixty-third. To authorize the taking up, and provide for the safe keeping and education, for such periods of time as may be deemed expedient, of all children who are destitute of proper parental care, wandering about the streets, committing mischief and growing up in mendicancy, ignorance, idleness, and vice.

CHAPTER V.-Of Taxation.

§ 1. The common council shall have power, within the city, by ordinance :

First. To annually levy and collect taxes, not exceeding three and one half mills on the dollar, on the assessed value of all real and personal estate in the city made taxable by the laws of this state, to defray the contingent and other expenses of the city, not herein otherwise specially provided for; which taxes shall constitute the general fund.

Second. To annually levy and collect a school tax, not exceeding two mills on the dollar, on all real and personal estate, to meet the expenses of purchasing grounds for

school houses, and building and repairing school houses, and supporting and maintaining schools.

Third. To levy and collect a tax, not exceeding one Interest. half mill on the dollar per annum, on real and personal estate, to meet the interest accruing on the bonded debt of the city.

§ 2. To levy and collect taxes on real and personal estate when required:

First. For the erection of a barrier to protect the city Lake barrier. from the lake.

Second. For the erection of a city hall, markets, hos- City hall, &c. pital, bridewell or workhouse, the purchase of market grounds, public squares or parks, or any other permanent improvements: Provided, the estimated cost of a city hall Proviso. or bridewell, may be apportioned by the common council,

and collected by a series of annual assessments: Provided, Further proviso. further, that the cost of market grounds, markets, public squares or parks, and lake barrier, or any other improvement, shall be levied upon all the property in the natural division of the city in which such markets, squares or barrier may be located, except such part of the cost as the common council may cause to be especially assessed upon real estate in such division immediately benefitted by such improvement, in the manner herein prescribed for the assessment of like improvements, in chapter seven: Provided, Proviso. that no tax or taxes shall be levied in any one year, under this section, which shall exceed two per cent. upon the value of the property assessed, for either or all of the purposes herein specified: Provided, further, that no local Further proviso. improvement under this section shall be ordered in any division, unless a majority of the aldermen thereof shall vote in favor of the same: Provided, further, the common Additional procouncil may negotiate a loan for the purpose of building a market house in any division, and apply the revenues therefrom towards paying the interest on such loan and liquidating the principal. But should the net revenues from such market be insufficient to pay such interest and principal when they shall respectivly become due, the common council shall levy and collect a tax upon the real and personal property in the division in which such market may be located, to make up the deficiency of such interest or principal, or both.

viso.

§ 3. To levy and collect on the real and personal estate Lamps. in such districts as they shall from time to time create, a sufficient tax to defray three-fourths of the expense of erecting lamps, and lighting the streets in such district or districts, respectively: Provided, the money thus raised shall Proviso. be exclusively expended for such purpose, in the district paying the same.

Road labor.

Proviso.

Local expendi

tures.

§ 4. To require (and it is hereby made the duty of) every male resident of the city, over the age of twenty-one years and under the age of sixty years, to labor three days in each year upon the streets and alleys; but every person may, at his option, pay at the rate of fifty cents for every day he shall be so bound to labor: Provided, the same shall be paid on or before the first of the three days upon which he may be notified to labor by the street commissioner. In default of payment, as aforesaid, the sum of three dollars may be collected, and no off-set shall be allowed in any suit brought to recover the same. Street taxes shall be expended in the several wards where the persons paying the same may respectively reside.

§ 5. The common council shall, hereafter, in all expenditures for purposes strictly local, expend annually in the several natural divisions of the city, such proportion of the whole expenditures for like purposes, during the same period, as will correspond to the several sums contributed, respectively, by each division to the general fund. Equalization. § 6. If it shall appear at the close of any municipal year, that a greater sum has been expended for purposes strictly local, in any division or divisions, than its or their relative proportion, it shall be the duty of the common council, the ensuing year, to increase the general tax in such division or divisions, respectively, by the amount of such excess, in such proportions thereof as each may be justly chargeable therewith. They shall at the same time abate such excess from the assessment in the other division or divisions respectively, in like proportions. For the purposes of this section it may be lawful for the common council to levy a tax in any division, for general purposes, not exceeding four-tenths of one per cent. per annum. Improvements § 7. All improvements on any school or canal lands or subject to tax-lots, and all improvements on the wharfing privileges in said city, together with the interests of the lessees or occupants in the premises, whether by lease, covenant, or deed, shall be subject to taxation as real estate. And the personal property of the owner of such improvements shall be liable for such taxes, and upon a failure to pay the same, the collector may levy upon and sell the goods and chattels of such occupant or lessee for the payment thereof, and costs. And in case such lessee or occupant shall have no personal estate, or neglect to pay the taxes, the interest of such lessee or occupant in such premises, together with the improvements, may be sold as real estate: Provided, the purchaser shall acquire no greater rights in the land than the tenant or occupant thereof had, but shall take the same subject to all the covenants and agreements in relation thereto.

ation.

Proviso.

CHAPTER VI.-Assessments for opening Streets and

Alleys.

§ 1. The common council shall have power to lay out Power to lay out public squares or grounds, streets, alleys, lanes and high- streets. ways, and to make wharves and slips at the ends of streets, and alter, widen, contract, straighten, and discontinue the same. They shall cause all streets, alleys, lanes, highways, wharves, slips or public squares or grounds laid out by them to be surveyed, described and recorded in a book to be kept by the clerk, showing particularly the proposed improvement, and the real estate required to be taken; and the same, when opened and made, shall be public highways.

§ 2. Whenever an street, alley, lane, highway, wharf, or Assessment of slip, or public square, or ground, is laid out, altered, widen- damages. ed, or straightened, by virtue hereof, the common council shall give notice of their intention to appropriate and take the land necessary for the same to the owner or owners thereof, by publishing said notice for ten days in the corporation newspaper. At the expiration of which time, they shall choose, by ballot, three disinterested freeholders, residing in said city, as commissioners to ascertain and assess the damages and recompense due the owners of such land, respectively, and at the same time to determine what persons will be benefitted by such improvement, and assess the damages and expenses thereof on the real estate of persons benefited, in proportion, as nearly as may be, to the benefits resulting to each. A majority of all the aldermen authorized by law to be elected shall be necessary to the choice of such commissioners.

§ 3. The commissioners shall be sworn faithfully to ex- Duty of comecute their duty, according to the best of their ability. missioners. Before entering on their duties, they shall give notice to the persons interested, of the time and place of their meeting, for the purpose of viewing the premises and making their assessment, at least ten days before the time of such meeting, by publishing the same in the corporation newspaper. They shall view the premises, and in their discretion, receive any legal evidence, and may, if necessary, adjourn from day to day.

4. If there should be any building standing, in whole Valuation of or in part, upon the land to be taken, the commissioners, building, &c. before proceeding to make their assessment, shall first estimate and determine the whole value of such building to the owner, aside from the value of the land and the injury to him in having such building taken from him; and secondly, the value of such building to him to remove.

§ 5. At least five days' personal notice shall be given to Notice. the owner of such determination, when known and a resident of the city, or left at his usual place of abode. If not

Refusal to take building.

Assessment.

Mode.

Amount to be paid, how shown.

known, or a non-resident, notice to all persons interested shall be given, by publication for ten days in the corporation newspaper; such notice shall be signed by the commissioners, and specify the building and the award of the commissioners. It shall also require parties in interest to appear by a day to be named therein, or give notice of their election to the common council, either to accept the award of the commissioners, and allow such building to be taken with the land condemned or appropriated, or of their intention to remove such building at the value set thereon, by the commissioners to remove. If the owner shall agree to remove the building, he shall have such time for this purpose as the common council may allow.

§ 6. If the owner refuse to take the building at the value to remove, or fail to give notice of his election, as aforesaid, within the time prescribed, the common council shall have power to direct the sale of such building, at public auction, for cash, giving five days' public notice of the sale. The proceeds of the sale shall be paid to the owner, or deposited to his use.

§ 7. The commissioners shall thereupon proceed to make their assessment, and determine and appraise to the owner or owners the value of the real estate appropriated for the improvement, and the injury arising to them, respectively, from the condemnation thereof, which shall be awarded to such owners respectively, as damages, after making due allowance therefrom for any benefit which such owners may respectively derive from such improvement. In the estimate of damage to the land, the commissioners shall include the value of the building, (if the property of the owner of such land,) as estimated by them, as aforesaid, less the proceeds of the sale thereof; or if taken by the owners at the value to remove, in that case they shall only include the difference between such value and the whole estimated value of such building.

§ 8. If the damage to any person be greater than the benefits received, or if the benefit be greater than the damage, in either case the commissioners shall strike a balance, and carry the difference forward to another column, so that the assessment may show what amount is to be received or paid by such owners, respectively, and the difference only shall, in any case, be collectable of them or paid to them. § 9. If the lands and buildings belong to different perties in interest. Sons, or if the land be subject to lease or mortgage, the injury done to such persons, respectively, may be awarded to them by the commissioners, less the benefits resulting to them, respectively, from the improvement.

Award to par

Assessment and return.

§ 10. Having ascertained the damages and expenses of such improvement, as aforesaid, the commissioners shall thereupon apportion and assess the same, together with