and collect a special tax on the holders of any lots or any street, lane, or avenue or alley, or any part of any street, lane, avenue or alley, according to the respective fronts owned by them, for the purpose of paving or grading such street, lane, avenue or alley, provided always said tax shall not exceed three-fifths of one per centum; nor shall the grading or paving be done at the expense of the owners of the lots fronting on the street, lane, avenue or alley, unless a petitfon for such grading and paving, signed by the owners of a major part of the ground fronting thereon, be presented for such purpose.

SEC. 9. The city council shall have power by ordinance to direct the manner in which any property, real or personal, advertised for sale or sold for taxes, general or special, or for the costs of any improvement done, or ordered to to be done by the authority of the corporation, may be redeemed.

SEC. 10. Lands within the limits of the city, which have not been laid off into blocks or lots, shall not be taxed or assessed, otherwise than by the acre as agricultural or waste land, and shall continue to be so taxed and assessed until laid off into blocks or lots by the owners, respectively; and the owners of such lands, in laying the same off into blocks or lots, shall so arrange the streets that they shall correspond with the present established streets of the city.

ARTICLE VII.

SECTION 1. The city council shall cause to be published at the end of each fiscal year, a full, complete and detailed statement of all moneys received and expended by the corporation during the preceding fiscal year, and on what account received and expended, classifying each receipt and expenditure under its appropriate head.

SEC. 2. All suits, actions and prosecutions instituted, commenced or brought by the corporation hereby created, shall be instituted, commenced and prosecuted in the name of the "mayor, councilmen and citizens of the city of Richmond."

SEC. 3. All actions, fines, taxes, penalties and forfeitures which have accrued to "the inhabitants of Richmond," or the trustees of said town under their former incorporation, and the by-laws and ordinances for the recovery of which no suits or actions at law shall have been commenced or instituted, shall be, and the same is hereby vested in, and be prosecuted for by the corporation hereby created.

SEC. 4. All property, real, personal, or mixed, money, effects and choses in actions now or heretofore belonging to "the inhabitants of the town of Richmond," or the trustees of said town in their corporate capacity shall be, and the same is hereby declared to be vested in the name of the corporation hereby created, for whomsoever the same may be in the possession, or under the control, any law, usage or arrangement to the contrary notwithstanding.

SEC. 5. This charter and incorporation shall not invalidate any act done by the "inhabitants of the town of Richmond," or the trustees or any officer thereof, nor divest them of any right which may have accrued to them prior to the passage of this act.

SEC. 6. This act is hereby declared to be a public act, and may be read in evidence in all courts of law and equity in this state without further proof.

SEC. 7. All persons residing within the limits of the city of Richmond

are hereby exempted from working upon any road without and beyond the boundaries of said city, and from paying any tax, fine or penalty, to be applied to employ laborers, furnish means or tools, or provide materials to work, or to be used upon any road beyond the limits of said city.

SEC. 8. Any and all persons who shall fail, neglect, or refuse to pay any fine, forfeiture, penalty or costs imposed upon him or them, by any ordinance of said city, for any misdemeanor, after conviction thereof by the verdict of a jury, shall and may be committed to the common jail of Ray county, by the recorder of said city or other officer having jurisdiction, until such fine and costs are paid, provided that such imprisonment shall not exceed the term of ninety days, to be regulated by ordinance, and to be found by such jury, and any such commitment shall be recalled by any such committing officer whenever the person to be fined, convicted or imprisoned shall take an appeal to the Ray circuit court, according to the rules and regulations and provisions governing the taking of appeals from the justices of the peace to the circuit court, provided, nevertheless, that the corporation hereby created shall be liable for costs, fees and other expenses incurred under this section, whenever the person so convicted, sentenced and imprisoned is unable to pay the same.

SEC. 9. The fiscal year of said city shall terminate on the day preceding the second Monday of March, of each year, and such period, or termination of said fiscal year may be altered or changed by the city council by ordinance.

SEC. 10. There shall be a digest or revision of the ordinances of the city which are of a public or general nature, published in a newspaper, printed in said city, or in pamphlet form, or in both, in the discretion of the city council, within twelve months after the passage of this act, and a like digest within every period of three years thereafter.

SEC. 11. The council may provide by ordinance for the collecting, from every delinquent officer of the city, any revenue, money, or property improperly detained, or not accounted for by such officer, and may provide the penalty or punishment for such delinquency or failure to account for such money or property.

SEC. 12. The city council, or any officer or department thereof, shall not have the power to issue any bills, scrip, or paper, of any description soever, to circulate as currency, or representative thereof; but any warrant, draft, note, obligation, or bond of the city may be transferred and made transferable by endorsement thereon from each holder, under such restrictions and regulations as the city council may prescribe, not contrary to the true meaning and intent of this section.

SEC. 13. Whenever any real estate shall have been advertised for sale, or shall have been sold for the payment of any fine, judgment, penalty, forfeiture or taxes, or in consequence of a failure upon the part of the owner thereof to grade, pave or curb the front of any sidewalk fronting upon any public street or avenue by the authority of the corporation, such owner or owners, whether resident or non-resident of said city, may within two years after such sale redeem the same by paying to the purchaser or purchasers thereof the full amount of said purchase money, and all taxes subsequently paid thereon, together with all costs and full value of any useful or necessary improvements or needful repairs made thereon

by such purchasers, to be assessed by a jury of twelve householders before the recorder of said city, together with one hundred per centum upon the original amount of purchase money paid therefor by such purchaser, provided, however, that married women, persons of unsound mind, and minors shall have the period of five years after such disabilities are removed to appear and redeem the land sold as above provided.

SEC. 14 Any purchaser of any real estate, sold for the non-payment of any fine, judgment, penalty, forfeiture, or taxes, or in consequence of a failure on the part of the owner thereof to grade, curb, or pave any front or sidewalk fronting upon any public street or avenue, upon the payment to the treasurer of the corporation hereby created, of the purchase money thereof, shall receive of and from such treasurer a certificate of the payment of said amount of purchase money, describing such real estate by lot and number, upon the recorded plat of said town of Richmond, or by the metes and bounds thereof, and briefly describing the judgment, penalty, forfeiture, tax, or improvement, for the non-payment of which the same was sold, together with the date of sale, which certificate shall be countersigned by the mayor of said city, under the seal of the corporation.

SEC. 15. Any holder of such certificate, after the lapse of two years from the date thereof, (if a resident or non-resident owner of such real estate shall have failed, neglected, or refused to redeem the same in the manner provided by this act), upon the production of such certificate at any regular session of the city council, and upon said council, or a majority of them being satisfied by the affidavit of such purchaser, or otherwise, that said owner has failed to redeem the estate herein described within two years after the sale of such real estate, and the date of such certificate, such purchaser shall receive a deed of conveyance from the said corporation, conveying to such purchaser the real estate described in such certificate.

SEC. 16. The deed of conveyance referred to in the foregoing section of this article shall be made and executed by the mayor of the city of Richmond in the name of said city, and shall recite the judgment, penalties, forfeitures, taxes or neglected improvement, together with a law or ordinance under which the (same) was sold, the advertisement of sale, time, place and term of sale, the fact of the sale, the consideration, the certificate granted by the treasurer, and the failure to redeem, and shall convey the premises as described in such certificate by the operative words "assign, transfer, convey and confirm" to such purchaser and his heirs and assigns forever, reserving the right of married women, persons of unsound mind and minors, as hereinbefore provided. Such conveyance shall be signed by said mayor, and attested under the seal of the said corporation, and shall be acknowledged before any officer (other than the recorder of the city) authorized to take acknowledgments of instruments of writing, conveying real estate under the laws of the state of Missouri.

SEC. 17. Such deed of conveyance so executed and acknowledged shall vest in such purchaser all the right, title and interest, estate and property of the previous owner of such real estate, and shall be admitted as evidence in any court within this state in any suit or action at law, or in equity as prima facie evidence of title without further proof.

SEC. 18. The owner of any real estate sold under the provisions of this

act, or his widow, heirs or executors, or administrators, may any time within two years after such sale, redeem the same by paying to the purchaser thereof, or to the treasurer of the corporation hereby created, the amount paid by said purchaser, and all taxes subsequently thereon, together with the value of any and all useful or necessary improvements and needful repairs made thereon by such purchaser, together with one hundred per centum upon the original amount of purchase money paid therefor, and upon such payment shall receive from the said council, attested by the mayor, under the seal of the corporation, a quietus to the title thereto conforming as nearly as may be the quietus granted by the state of Missouri under analogous circumstances, and such quietus shall fully vest all the title to such real estate in the original owner.

SEC. 19. All surplus money received by the corporation hereby created, arising from the sale of any real estate over and above the amount due for taxes, fines, forfeitures, penalties, judgments and costs, at the time of such sale, shall be paid over to the owner of such real estate; or his legal representatives, in the event of his decease, may appy to the city council for such surplus, who shall issue a warrant on the city treasurer in favor of the owner of such real estate at the time of such sale, or his representatives, for such amount so paid into the city treasurer for his use.

SEC. 20. All prosecutions for misdemeanors shall be instituted before the recorder or other officer having jurisdiction thereof, as in this act is herein expressed and directed.

SEC. 21. The true intent and meaning of this act is, an appeal shall be allowed to the Ray circuit court from the final judgment of the recorder or other officer having jurisdiction of the subject matter, (other than for contempt of court) or from the finding of any jury in like manner and with like effect, as appeals are allowed from justices of the peace to said court, any law or usage, or any provision or construction of this act to the contrary notwithstanding.

SEC. 22. Whenever an appeal shall be allowed to the Ray circuit court from the verdict and finding of any jury, or from the judgment of the recorder or other officer having jurisdiction under this act, such appeal, if involving a charge of misdemeanor, shall be tried by said circuit court before a jury of six men, and such misdemeanor shall be punished in the manner and according to the provisions of this act, and the ordinance of the city council governing such original trial, not inconsistent with, or repugnant to the same, any law or usage to the contrary notwithstanding, and if such appeal be taken from the judgment of the recorder or other officer, or finding of any jury, in any act to recov r any tax, fine or penalty, or forfeiture, other than a misdemeanor for the breach of any law or ordinance or by-law of said city, such action shall be tried before such circuit court as appeals from justices of the peace, and shall be governed and determined in all respects and particulars as nearly as may be according to such existing law, ordinance or by-law of the said city of Richmond, and provisions thereof, before such recorder or other officer having jurisdiction upon such original trial, any law or usage to the contrary notwithstanding.

SEC. 23. The practice and proceedings before the recorder under this act, for the recovery of any fines, tax, penalty or forfeiture, for the breach

of any city ordinance or by-laws, (unless when herein otherwise expressly provided,) shall conform in all respects and particulars as nearly as may be to the laws of the state of Missouri regulating justices' courts.

SEC. 24. In all cases, where a judgment shall be rendered by the recorder or other officer having jurisdiction, against any defendant for any fine, penalty, or forfeiture, or for the breach of any law or ordinance, or upon the verdict and finding of any jury, and such judgment, verdict, and finding of any jury or part thereof involves the imprisonment of the defendant, it shall be the duty of said recorder or other officer having jurisdiction, to forthwith order such defendant into the custody of the city constable, and to issue a mittimus or commitment committing such defendant to the common jail of said county, and such defendant shall, from the making of such order or the issual of such commitment, remain in safe custody, unless discharged by the taking and effecting an appeal as hereinbefore provided, or until discharged by due course of law.

SEC. 25. Upon the filing of any charge or misdemeanor by the city attorney against any person or persons as provided in this act, it shall be the duty of the recorder or other officer, having jurisdiction, to issue his warrant, reciting such charge directed to the city constable, and commanding him forthwith to apprehend such person or persons, and bring him or them before such officer having jurisdiction, to be further dealt with according to law, and such city constable shall execute such warrant in any part of Ray county.

SEC. 26. In all cases of misdemeanor committed, or charged to be committed, within the city limits, the accused shall be entitled to a summary trial by jury before the recorder or other officer having jurisdiction. SEC. 27. The constable or any other officer shall have power to arrest any offenders against the laws or ordinances of the city of Richmond, and bring him or them before the proper officers without a warrant.

SEC. 28. All persons charged with misdemeanors shall be entitled to six peremptory challenges, and the city attorney or other officers shall be entitled to three, and the jury shall consist of six persons qualified under the laws of the state of Missouri to serve as jurors.

SEC. 29. Richmond College and the lands thereto belonging, the fair grounds and the land thereto belonging, all schools and academies and institutions of learning, male and female, churches and all other public property shall be exempt from the provisions of this act, in relation to taxes, streets, lanes and alleys, and avenues, so long as they remain and are used for such purposes.

SEC. 30. Nothing in this act shall be so construed as to interfere with the jurisdiction heretofore exercised by the grand jury and the circuit court within and for Ray county, over crimes and misdemeanors within the limits of the city, and the punishment thereof by indictment and trial thereon in said circuit court.

SEC. 31. The said city council shall not have power to borrow money on the credit of the city at any time at higher rate of interest than the then legal and lawful rate of interest per annum.

SEC. 32. That Humphrey J. Comer, Joseph S. Hughes, Jacob Darneal, Wilson R. Holman and Patrick Smith, be, and the same are hereby appointed and authorized, immediately after receiving this charter from the legislature, to lay off the city into seven wards, according to the pro