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same number of free white male inhabitants in each ward, and the city council shall have the power to alter or change the boundaries of said wards from time to time, as they see fit, or to increase, or diminish the number of said wards, having regard to the number of free white male inhabitants, as aforesaid, so that each ward shall, as aforesaid, have, as nearly as may be, an equal number of inhabitants.

ARTICLE n.

Section 1. The corporate powers of the inhabitants hereby incorporated under the name and style of the " mayor, councilmen, and citizens of the city of Richmond," shall be vested in and exercised by a city council, to consist of one member from each ward, to be elected by general ticket, by the qualified voters of said city, on the first Monday in April, annually, unless otherwise provided by ordinance.

Sec. 2. No person shall be a member of the city council, unless he be a free white male citizen of the state of Missouri, over the age of twentyone years, and shall have resided within the city limits three months, next preceding his election, and be a bona fide resident of the ward for which he is elected.

Sec 3. If a councilman shall, after his election, remove from the ward from which he was chosen, his office shall be thereby vacated.

Sec 4. The council, in the absence of the mayor, shall elect one of their number to be a president fro tempore of the council, and the president fro tempore thus elected, shall, during the absence from the city of the mayor, or of a vacancy in the office, or of inability of the mayor to serve, perform all the duties of mayor.

Sec 5. The mayor and the city council shall and may annually choose such agents and servants as they shall deem necessary in the transaction of their business, and remove them at pleasure.

Sec. 6. The mayor and the city council shall be the judges of the election returns, and qualifications of such mayor and members of said city council, and shall determine contested elections.

Sec 7. A majority of the council shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such a manner, and under such penalties, as the council may prescribe.

Sec 8. The council may determine the rules of their proceedings, punish their members for disorderly conduct, and, with the concurrence of two thirds of all the members elected, expel a member, but not a second time for the same offense.

Sec. 9. The mayor and council shall keep a journal of their proceedings, and the ayes and nays of the members on any question shall, at the desire of any member present, be entered on the journal.

Sec 10. Neither the mayor or any member of the council shall, during the time for which he or they are elected, be appointed to any office under the provisions of this act, unless a petition to that effect be signed by two-thirds of the qualified voters of the city.

Sec 11. All vacancies that shall occur in the council shall be filled in such manner as shall be provided by ordinance.

Sec 12. Every member of the council, before entering upon the duties of his office, shall, in addition to the oath of office hereinafter required, make affidavit that it is his bona fide intention to reside within the ward for which he was elected during the term for which he was elected.

Sec. 13. Whenever there shall be a tie in the election of members of the council, the judges of election shall certify the same to the mayor, or person exercising the duties of mayor, who shall immediately thereupon issue his proclamation, stating such facts, and ordering a new election, giving twenty days' previous notice thereof, and if such ties shall occur upon any election for mayor, such judges of election shall certify the same to the city council, ana such council, after qualification, shall elect between such candidates having an equal number of votes; and in the further event that neither of such candidates for mayor shall receive a majority of the votes of said council, a.new election for mayor shall be ordered by said council immediately, giving twenty days' previous notice of the time and place of such election. •

Sec. 14. There shall be stated meetings of the council once in every calendar month, at such time and place as the council, by ordinance, shall designate, and other and further proceedings of said council may be convened by the mayor or person discharging the duties of mayor, at any time in his discretion, provided always that said mayor and council may adjourn any meeting from day to day, or to any time within said calendar month.

Sec. 15. Upon the passage of all and every bill appropriating money, imposing taxes, or increasing, lessening or abolishing licenses, or borrowing money, the yeas and nays shall be entered upon the journal upon the motion of the mayor or any member of the council.

Sec. 16. A majority of all the members of the council shall be necessary to pass any tax bill, or bills appropriating any sum amounting to one hundred dollars, or any other bill or bills, involving a like amount in anywise increasing, affecting or diminishing the city revenue.

Article III.

Section. 1. The council shall have power within the city ordinance: 1st, To levy and collect taxes not exceeding three-fifths of one per centum per annum upon the assessed value of all property made taxable by law, for state purposes, and also to provide for the collection of the same by the sale of real and personal estate within the city, in such manner as this act or the council by ordinance shall provide. 2d, To borrow money on the credit of the city, upon a vote of two-thirds of the members of the council. 3d, To appropriate money and provide for the payment of the debts, appropriations, contracts, liabilities and expenses of the city. 4th, To make regulations to guard against and prevent the introduction of contagious and infectious diseases into the city, and to make quarantine laws for that purpose, and enforce the same within two miles of the city. 5th, To establish hospitals, employ physicians' attend- ance, and procure drugs and medicines, and to make regulations for the government and care thereof. 6th, To make regulations to secure the general health of the inhabitants, and to abate, prevent, and remove nuisances. 7th, To provide the city with water, by digging wells, making cisterns, and improving springs and creeks, and. erecting and providing pumps on the streets, avenues, and sidewalks within the boundaries of the city, for the convenience of the inhabitants thereof. 8th, To create, open alter, abolish, widen, extend, establish, grade, pave, or otherwise improve, and to clean, macadamize and keep in repair streets, avenues, lanes and alleys within the city, with the express restriction that the council shall not establish, or open, any street, lane, avenue or alley through any property which has not been laid out into town lots, and a plat thereof filed according to law, unless by the written consent of the proprietors of such property ; provided always, that the council may, by ordinance, require the owner of such property, when laid out into lots, or outlots, to have the streets, lanes, alleys, or avenues to correspond as near as may be with the streets, lanes, alleys or avenues in use in the city; and no lane, or avenue, or alley shall be altered unless such city council shall pay the owner of such real estate such damages as may be found due to such proprietor, to be ascertained by a jury of twelve men, or by any other provisions as the council may, by ordinance, prescribe, or by any other legal proceedings. 9th, To establish, erect and keep in repair, bridges, culverts and sewers, and regulate the use of the same. 10th, To establish, support and regulate the night watch and patrol. 11th, To erect markethouses, establish markets and places, and provide for the government and regulation thereof. 12th, To,provide for the erection of all needful buildings, for the use of the city. 13th, To provide for enclosing and improving any real estate belonging to the city. 14th, To license, tax and regulate auctioneers, grocers, merchants, retailers, dram shop keepers, ordinaries, taverns and inns. 15th, To license, tax, regulate and restrain and suppress hawkers, peddlers, shows, theatrical and other performances and exhibitions. 16th, To license, tax and suppress, prohibit and restrain gaming and gambling houses, bawdy houses, and other disorderly houses. 17th, To provide for the extinguishment of fires, and prevention thereof; to organize and establish fire companies, and to provide necessary and suitable engines, hose, buckets, ladders, fireworks and apparatus; also to regulate and prevent the carrying on of any business, pursuit or manufactory of a character to cause or produce fires, or prejudical, or injurious to the health of inhabitants, and to compel the owners of the houses and other buildings to have scuttles upon the roofs of any such houses or buildings, and stairs and ladders leading to the same. 18th, To regulate and order the cleaning of chimneys, and to fix the flues thereof, to regulate the storage of gunpowder, tar, pitch, resin, hemp, cotton, and all other combustible materials, and to regulate the use of lights and lighted lamps or candles in all stables, shops and other places; to remove or prevent the construction of any fire-place, hearth, chimney, stove, oven, boiler, kettle, or apparatus used in any house, building, manufactory, or business which may be dangerous in causing or promoting fires, to prohibit under suitable penalties the firing of fire-crackers, and the discharging of fire arms, to direct the safe construction of deposits for a;ihes and to enter into at reasonable hours, or to appoint one or more officers at reasonable times to enter into and examine all out-houses, lots, yards, enclosures, and out-buildings of every description, in order to discover whether any of them are in a dangerous state, and to»cause such as may be found by the verdict of a jury to be dangerous, to be put in safe and secure condition. 19th, To provide for the inspection and weighing of hay, the storing and measuring of charcoal, stone coal, fire wood, and other fuel to be used in the city. 20th, To regulate the inspection of butter, lard and other provisions, vending of meat, poultry, butter, eggs, and fruit, and to suppress the huckstering within market hours. 21st, To provide for taking an enumeration of the inhabitants of the city. 22d, To provide for the election of all elective city officers, and provide for the removing from office any person holding an office created by this act or by ordinance not otherwise provided for, to fix the compensation of the city officers and regulate the fees of all jurors, witnesses and others for services rendered under this act or any ordinance. 23d, To regulate the police of the city, to impose fines, forfeitures, and penalties for the breach of any city ordinance, and provide for the recovery, and appropriating such fines and forfeitures, and the enforcement of such penalties. 24th, To erect a workhouse and house of correction, and provide for the regulation and government thereof. 25th, To levy and collect a poll tax, not exceeding one dollar, upon every free white male person over twenty-one years of age, who shall have resided three months within the city. 26th,. To remove all obstacles from the side-walks, and for the cleaning of the same, and of the gutters at the expense of the owners of the ground fronting thereon. 27th, To prevent and restrain any riot, noise, disturbance or disorderly assemblage in any street, house, or place in the city. 28th,. To prevent and remove all obstructions in and upon all streets, lanes, avenues and alleys, established by law or ordinance. 29th, To have and exercise complete control over any commons belonging to the city, and all property belonging to the city, real and personal, whether lying in or beyond the limits of the corporation created by this act, and the same to lease, sell, transfer and dispose of either absolutely or with limitation, to any person or persons whatsoever. 30th, To make such general rules, regulations, by-laws and ordinances, for the purpose of maintaining the peace, good morals, and good government and order of the city of Richmond, and the trade, commerce, business and manufacturers thereof, as the city council may deem expedient, not repugnant to the constitution or general laws of the state, and also to enforce the observance thereof, by inflicting penalties upon any inhabitants thereof, or other person or persons for violation of any ordinance, not exceeding ninety dollars for any one offense, to be recoverable with costs in any action of debt, by and in the name of the "mayor, councilmen and citizens of the city of Richmond," for the use of the city, before the recorder of any court having jurisdiction or cognizance of the same. 31st, To make all ordinances subject to restriction in the last preceding subdivision of this section, specified, which shall be necessary and proper for carrying into effect the powers specified in this section, and all other powers vested by this act in the corporation, the city government, or any department or officer thereof. 32d, That all taxation laws passed by this city council, other than those applying to hucksters, menageries, circuses, concerts, shows, theatrical exhibitions and similar amusements, shall be based upon the ad valorem principle. 33d, No money shall be drawn from the treasury, except in pursuance of an ordinance or resolution of the city council regularly passed, at a regular or special meeting of the council. 34th, Every ordinance or resolution passed by the city council, shall be signed by the mayor or president pro tern, of the city council, and attested by the clerk of the city council before it takes effect. 35thr The style of the ordinances of this city shall be, "Be it ordained by the city council of the City of Richmond." 36th, All ordinances passed by the city council shall, within thirty days after they become laws, be published in pamphlet form or in some newspaper printed in the city of Richmond, in the discretion of the city council, or by copies thereof set up in three public places in different parts of the city; but the failure to publish any ordinance within the time specified in this section, shall not render void or effect the validity of any such ordinance, unless such delay may cause such ordinance to act retrospectively over the rights of individuals. 37th, All ordinances of the city may be proven by the seal of the corporation, and until a seal is provided, by the private seal of the clerk of the city council, and when such ordinances have been printed and published by the authority of the corporation, the same shall be received in evidence in all courts and places without further proof.

Sec. 2. No person shall, within the limits of this city, directly or indirectly, sell intoxicating liquors, of any kind, without first taking out a special license therefor, obtained as may be prescribed by the city council by ordinance. Upon every license there shall be levied a tax not less than five nor more than one hundred dollars for city purposes, at the discretion of the city council for every period of six months.

Sec. 3. No person having a license, as in the last preceding section provided, shall directly or indirectly, sell, barter, exchange or give away any intoxicating liquor, or strong drink of any kind, to any slave without permission in writing from the master, owner or overseer of such slave.

Sec. 4. No person having a license from the city council, as above provided, shall, directly or indirectly, sell, barter, exchange, or give away any intoxicating liquor, or strong drink of any kind, to any apprentice or minor, without first having permission in writing from the parent, guardian, or person with whom the minor may at the time be living or boarding, and in case of apprentices from the person to whom the individual is bound, or his parent.

Sec. 5. Any person convicted of a violation of either of the preceding sections of this act, shall be fined in a sum not less than twenty, nor more than one hundred dollars for each offense, to be recovered as may be prescribed by ordinance.

ARTICLE IV.

Section 1. The chief executive of this city shall be the mayor, who shall be elected by the qualified voters of the city, and shall hold his office for the term of one year, and until his successor is duly elected and qualified, provided that an election to fill a vacancy shall be only for the remainder of the term for which his predecessor was elected.

. Sec. 2. No person shall be mayor, who, at the time of his election, is not possessed of the qualifications for a councilman.

Sec. 3. If two or more persons shall have an equal number of votes for mayor, or if the election be contested, the city council shall decide the election by vote.

Sec. 4. Whenever any vacancy shall happen in the office of mayor it shall be filled by election, in such manner as shall be provided by ordinance.

Sec. 5. The mayor may be removed from office for any misdemeanor, by a majority of two-thirds of the city council.

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