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ter, 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 tem. of the city council, and attested by the clerk of the city council before it takes effect. 35th, 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.
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.
Sec. 6. The mayor shall act as president of the city council, and shall (have) power to nominate, and by and with the consent of the city council, to appoint all city officers not ordered by this act to be otherwise appointed. He shall take care that the ordinances of the city are duly performed, enforced, respected and observed in the city. He may remit fines, punishments, forfeitures and penalties accruing from or imposed for the violation of any law or ordinance of the city. He may fill all vacancies which may occur in any elective office other than that of a member of the council, until the same be filled by election; and in any other office until the end of the next session of the council, which may happen after the vacancy shall have occurred. He shall, from time to time, give to the city council information relative to the state of the city, and shall recommend to their consideration such measures as he may deem expedient for the advantage of the city. The mayor, while presiding in the city council, shall have no vote on any measure or question, except there be a tie, in which case he shall give the casting vote.
Sec. 7. The mayor may call special meetings of the council by proclamation or by written notice.
Sec. 8. Whenever a special session of the council shall have been called by the mayor, he shall state to them when assembled, the cause for which they have convened.
Sec. 9. There shall be a recorder within and for said city, who shall be ex-officio clerk of the city council, and perform such other duties as the city council may direct; a city treasurer, a city constable, a city assessor, and city attorney, who in addition to the duties prescribed in this act, shall perform such other duties prescribed by ordinance. All of said officers shall be elected by the qualifed voters of the city at the regular annual city election, on the first Monday in April of each year. There shall also be such other officers, servants and agents of the corporation as may be provided by ordinance, to be appointed by the mayor, by and with the consent and advice of the city council, and to perform such other duties as may be prescribed by ordinance, and such officers shall be removable at the pleasure of the city council, by a majority of two-thirds of the city council.
Sec. 10. The city council may, by ordinance, provide for the election by the qualified voters of the city, of any of the officers. Sec. i1. It shall be the duty of the clerk of the city council to keep a
11. journal of the proceedings of the council, to record in a separate book all ordinances or resolutions appropriating money,to keep a record of all the official acts of the mayor, and when necessary to attest them; he shall keep and preserve in his office the common seal of the city, and all records, public papers and documents, not properly belonging to any other officer.
Sec. 12. It shall be the duty of the city treasurer to receive and keep the
money of the city, and to pay out the same on warrants drawn by the mayor or other officers authorized by ordinance to draw them.
Sec. 13. The city constable shall, within the city, possess the same powers, perform the same duties, and receive the same fees and compensation as the constable of Richmond township, for similar services. He shall execute and return all process to him directed, whenever issued by the mayor, recorder, or any member of the city council, or by a justice of the peace, when any justice of the peace is authorized to issue process under this act, or any ordinance of the city; he shall also be collector of the city taxes.
Sec. 14. The mayor and all other officers of the corporation shall reside within the limits of the corporation during their continuance in office, and if the mayor of the corporation shall cease to reside within the limits of the same, his office shall be thereby vacated.
Sec. 15. The recorder shall be a resident of the city, and shall possess the same qualifications as the mayor and city council, and shall hold his office one year, and until his successor is duly commissioned and qualified. Such recorder
may be removed from office in the same manner as the mayor. He shall have the same jurisdiction as the justices of the peace within and for the limits of the city. He shall have exclusive jurisdiction over all cases arising under any ordinance of said city, subject, however, in all cases, to an appeal to the circuit court of Ray county, and every such appeal shall be granted as in this act is expressed. He shall have power under the seal of the city, to take and certify the acknowledgement of deeds, conveyances and all other instruments of writing requiring authentication, and such deeds, conveyances or other instruments may be recorded in any county of the state, or may be read in evidence in any court in this state, without further authentication; he shall be authorized to administer oaths and affirmations, and take and certify depositions; he shall be entitled, in all cases, to the same fees which are now, or may be hereafter allowed by law to justices of the peace for similar services, which shall be taxed and collected as other costs, by fee bill or execution.
Sec. 16. In the event of the absence, sickness, removal, or inability of the recorder to act, any justice of the peace, residing within the limits of the city, shall have power to hear, try and determine all cases properly cognizable before the recorder; and if no justice of the peace should be residing in said city, then any justice of the peace within and for Richmond township, shall have power to hear, try and determine all cases properly cognizable before the recorder.
SECTION 1. A general election for all the officers of corporation required to be elected by this act or by any ordinance of the city, shall be holden on the first Monday in April in each year, unless otherwise provided by ordinance.
Sec. 2. At all elections for city officers, the voters shall vote viva voce, and the manner and place of holding such election shall be regulated by ordinance. Sec. 3. Three judges of election, and two clerks shall be appointed by
3 the city council, unless otherwise provided by ordinance; they shall take an oath to faithfully and impartially discharge their duties; they shall open the polls at nine o'clock in the morning, and keep open until six o'clock in the afternoon, when they shall proceed forthwith publicly to ascertain the result of the election, and when ascertained to make proclamation thereof. The poll books shall be, after certified as aforesaid, returned by the clerks of the election to the city council, there to remain for inspection and examination.
SEC. 4. All persons qualified as electors under the tenth section of the third article of the constitution of the state of Missouri, who shall have resided three months within the city next preceding the elections shall be deemed qualified voters at all elections for city officers.
Sec. 5. Elections for city officers shall continue for one day only; special elections to fill vacancies shall be held under such regulations as may be provided by city ordinance.
ARTICLE VI. SECTION 1. It shall not be lawful for the city council to grade, pave or macadamize any streets, lanes or avenues not opened, and established according to law or ordinance; it shall be lawful, nevertheless, for the city council to order the owner or owners of ground fronting on any private alley to keep the same clean, and if necessary thereto, to direct him or them to pave the same.
Sec. 2. When it is necessary to take private property for opening, widening, altering or extending any public street, lane or avenue, the corporation shall make a just compensation therefor to the person whose property is taken, and if the amount of such compensation cannot be agreed upon, the recorder shall cause the same to be ascertained by a jury of twelve disinterested free-holders of the city.
Sec. 3. In opening, altering, widening or extending alleys through blocks or squares of the city, the same proceeding shall be had in case of opening, widening, altering or extending public streets, lanes or avenues, with the addition that the jury will ascertain the amount of benefit that will accrue to the person whose property is taken, and those who may have petitioned for the opening, widening, altering or extending of such alley.
Sec. 4. When the owners of the major part of all the property on the street, lane, avenue or alley proposed to be opened, widened, altered or extended shall petition therefor, the mayor and city council may open, widen, alter or extend such street, lane, avenue or alley, upon conditions prescribed by ordinance, but no compensation shall, in such case, be made to those whose property shall be taken for opening, widening, altering or extending such street, lane, avenue or alley, who have petitioned for the same; nor shall there be any assessment of benefit or damages that may accrue thereby to any of the petitioners.
Sec. 5. All jurors empanelled to inquire into amount of benefit or damages which shall happen to any owner of property proposed to be taken for opening, widening, altering or extending any street, lane, avenue or alley, shall first be sworn to that effect, and shall return to the mayor their inquest, signed by each juror.
Sec. 6. The mayor shall have power, for good cause shown in ten days after inquest shall have been returned to him, as mentioned in preceding section, to set the same aside and cause a new inquest to be made.
Sec. 7. The mayor and councilmen shall have power by ordinance to enforce the payment of all sums, which a jury shall declare to be the amount of benefits accruing to the owners of property upon which any alley shall be opened, widened, altered or extended, if the owner be one of the petitioners for opening, widening, altering or extending such alley.
Sec. 8. The mayor and council shall have power by ordinance to levy