ARTICLE IV.-Elections. 31. On the first Monday in April next, an election shall Election. be held in each ward of said city for one mayor for the city, and two aldermen for each ward, who shall hold their offices until their successors are elected and qualified, and forever thereafter, on the first Monday in June of each year, an elec tion shall be held for a mayor for the city, and two aldermen for each ward, who shall hold their offices for one year, and until their successors are elected and qualified. § 2. All free white male inhabitants who have been resi- Voters. dents of said city for twelve months previous to any election, shall be legal voters: Provided, that said voters shall give their votes for mayor and aldermen in the wards in which they shall respectively reside, and in no other, and that no vote shall be received at any of said elections unless the voter offering such vote shall have been an actual resident of the ward where the same is offered, at least ten days next preceding such election. § 3. The judges of the election to be held on the first Julges of elecMonday in April next, shall be appointed by the trustees of tion. the town of Metropolis City, and for all elections thereafter, the city council shall appoint three judges at their regular meeting in July, or as soon as convenient thereafter, to sit at all city elections, and also two clerks of elections, who shall be paid out of the city treasury, as may be directed by ordinance. 4. The judges of any city election within five days Returns. after such election shall deliver the poll books to the mayor, who shall immediately call a meeting of the council, who shall examine the poll books and enter the result of the election on their journal, and if the persons elected do not take the oath of office within ten days after said election, required in section seven, article two of this act, their office shall be declared vacant, and a new election ordered. 5. The trustees of Metropolis City shall cause public Notice. notice to be given of the election to be held for mayor and aldermen, and city judge and marshal, on the first Monday in April next, by posting two written notices in the most public places of each ward, or by publishing such notice in a newspaper printed in Metropolis City, at least ten days before such election, and for all city elections thereafter the council shall, in like manner, give public notice of such election. ARTICLE V.-City Judge and Marshal. g 1. There shall be elected at the same time, and in the Judge aud mar same manner as the city council, a city judge and city mar- shal, shal, who shall hold their offices for one year, and until their successors are elected and qualified; and the city judge and marshal, elected at the election to be held on the first Monday in April next, shall hold their offices until the first Monday in June, 1860, and until their successors are elected and qualified. § 2. The city judge is hereby constituted a justice of the peace, and shall be commissioned by the governor and qualify as other justices of the peace and shall have jurisdiction within the city limits in all actions of debt and assumpsit for sums over one hundred dollars, and not exceeding three hundred dollars, and in such suits shall receive the same fees as the circuit clerk, and in all other suits and for sums of one hundred dollars and less he shall have concurrent jurisdiction with justices of the peace of Massac county, and receive the same fees. He shall have exclusive jurisdiction in all suits for the violation of the ordinances of the corporation, except in case of his absence or inability to try such suit, in which case any justice in said city shall have jurisdiction thereof. He shall have power and it is hereby made his duty, when any person is found guilty of violating any ordinance, to impose upon him such punishment, by fine or imprisonment, as may be fixed by ordinance and none other, and to order him to be held in custody by the marshal until the fine and costs are paid: Provided, that no person shall be fined for violating any ordinance more than fifty dollars nor imprisoned more than thirty days. He shall also have power to fine and imprison for contempt of his court when in session. He shall hold a session of his court for the trial of causes on every Monday, and shall keep the same open from day to day, if necessary, until all the business before him is disposed of, and shall have and keep a docket similar to the docket of the circuit court. 3. The city marshal shall also be collector of the city revenue, street commissioner and market master, and shall have power to appoint one deputy, in writing: Provided, the city council, whenever they deem it expedient, may appoint some other person to the office of street commissioner and market master. He shall promptly arrest all violators of any ordinance, and carry thein before the city judge, and shall have power to summon witnesses, without written subpoena, to appear and give evidence against such violators, and upon the failure of such witnesses to attend the city judge shall forthwith issue a writ of attachment against them. And the city judge shall proceed to the trial of such offenders forthwith, or as soon as the witnesses can be brought before him. And if either the city or the offender is not ready for trial, the city judge may continue the trial, not more than three days, and may admit the offender to give bond for his appearance before said judge, at the time named therein; which bond shall be made payable to the city of Metropolis and collectable by action of debt before the city judge. Any person who is fined for breach of any ordinance may replevy the same, by giving security for the payment of such fine and costs within three months; and at the expiration of three months, if the fine and costs be not paid, the city judge shall render judgment against the principal and his securities and forthwith issue execution thereon, directed to the city marshal. And any person fined for violating any ordinance may pay such fine by labor on the streets of said city, under the direction of the marshal, in such manner as may be determined by ordinance. § 4. All process issued by the city judge shall be direct- Process. ed to the city marshal, who shall receive the same fees as are allowed to a sheriff, unless changed by ordinance. § 5. The marshal is hereby made a conservator of the Marshal. peace, and shall have power to summon any white male inhabitant of said city, over the age of eighteen years, to aid him in arresting or securing an offender against the laws of this state or any ordinance of said city; and any person failing to assist him, when so summoned, shall be reported by said marshal to the city judge and punished in such manner as may be provided by ordinance. § 6. He shall receive a salary of two hundred dollars Salary. per annum, besides his fees; and upon any omission or neglect of duty he shall be removed by the city council, who shall appoint his successor until the next regular election. One hundred dollars of said salary shall be paid out of fines assessed and collected in said city, and in no other way. sioner. 7. The city marshal shall act as street commissioner Street commisand market master, and perform such duties as may be prescribed by ordinance. ARTICLE VI-Of the Legislative Powers of the City Council. 1. The city council shall have power and authority to Taxes. levy and collect taxes upon all property, real and personal, within the limits of the city, not exceeding one-half of one per cent. per annum upon the assessed value thereof, and may enforce the payment of the same in any manner to be prescribed by ordinance, not repugnant to the constitution of the United States or this state. 2. The city council shall have power to require of all Bonds. officers, elected in pursuance of this charter, bonds with penalty and security for the faithful performance of their respective duties, as may be deemed expedient, and, also, to require all officers appointed, as aforesaid, to take an oath for the faithful performance of the duties of their respective offices, before entering upon the discharge of the same; to borrow money and pledge the revenue of the city for the payment thereof: Provided, that no sum or sums of money Proviso. shall be borrowed at a greater interest than ten per cent. per annum. seases. Health. Streets. Wards Night watches. Markets. Public buildings. Pablic grounds Auctioneers, &c. Hacks, &c. Shows. Shipping houses. Constables. Tixes. Inspection. casus. Officers. Compensation. Police. § 3. To make regulations to prevent the introduction of contagious diseases into the city; to make quarantine laws for that purpose and enforce the same within five miles of the city. 4. To make regulations to secure the general health of the inhabitants; to declare what shall be a nuisance, and to prevent and remove the same. § 5. To open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve avenues, streets and alleys and other public highways. 6. To divide the city into wards, alter the boundaries thereof, and erect additional wards, as occasion may require. 7. To establish, support and regulate night watches. 8. To erect market houses, to establish market places, and provide for the government and regulation thereof. 89. To provide for all needful buildings for the use of the city. § 10. To provide for the inclosing, improving and regulating all public grounds belonging to the city. § 11. To license, tax and regulate auctioneers, trading boats, merchants, retailers, grocers, taverns, hawkers, peddlers, and brokers. § 12. To license, tax and regulate hackney carriages, wagons, carts and drays, and fix the rates to be charged for the carriage of persons, and for the wagonage, cartage and drayage of property. 13. To license, tax and regulate theatri.al and other exhibitions, shows, and amusements. § 14. To license, restrain, prohibit and suppress tippling houses and dram shops. 15. To regulate the storage of gun-powder, tar, pitch, rosin and other combustible materials. § 16. To provide, by ordinance, for the manner and time of assessing and collecting city taxes, where the same may not be fully provided in this charter. § 17. To provide for the inspection and weighing of hay and stone coal, the measuring of charcoal, fire wood, and other fuel to be used or sold in the city. 18. To provide for the taking the enumeration of the inhabitants of the city. 19. To regulate the election of city officers and to provide for the removing from office any person holding an of fice created by ordinance. § 20. To fix the compensation, by fees, commission or otherwise, and regulate the fees of jurors, witnesses and others for services rendered under this act, or any ordi nance. 21. To regulate the police of the city, to impose fines and forfeitures and penalties for the breach of any ordinance, and to provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties. 22. The city council shall have power to make all ordi- Ordinances. nances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordinances be not repugnant to nor inconsistent with the constitution of the United States or this state. 23. The style of the ordinance of the city shall be, Style. "Be it ordained by the City of Metropolis." § 24. All ordinances passed by the city council shall, Publicat 1. within ten days after they shall have been passed, be published in some newspaper in the city, or by posting one copy of each ordinance in each ward, and shall not be in force, except, as aforesaid, until they shall have been published, as aforesaid, for five days. 25. All ordinances may be proven by the seal of the Proof. corporation, or the oath of the city clerk; and when printed and published in book or pamphlet form, and purporting to be published by authority of the corporation as in force the same shall be received in evidence in all courts and places, without further proof. ARTICLE VII. § 1. All real estate and personal property within the Taxation. limits of the city of Metropolis shall be subject to taxation, by the city council, for the use and benefit of said city. roll. § 2. The assessor shall prepare an assessment roll, with ss ssment the following caption, in substance: "An assessment roll of all the real and personal property within the limits of the city of Metropolis, made by the assessor of said city, for the year 18" and shall set down, in separate columns- First.-The names of all the owners, if known, of real estate within the limits of said city. If the owner is unknown it shall be so stated, Second. The description of the real estate, opposite the name of the owner, or the word "unknown." Third.-The value of the real estate opposite the descrip tion. Fourth. The amount of tax assessed opposite the value. umns First.The names of the owners of personal property, subject to taxation, in alphabetical order. Second. The assessed value of the personal property taxed to each individual, Third. The amount of tax on each individual's personal property. 3. After the said assessment roll shall have been thus rificate completed, the assessor shall attach his certificate to said. roll, certifying that said roll is true and correct, according to his best information, and said roll so certified, shall, on or |