SEC. 3. That he shall be entitled to the same fees as are allowed to Justices of the Peace.

SEC. 4. That all cases before the Recorder arising under an ordinance of this city an appeal may be taken and a final judgment wherein the amount exclusive of the costs exceeds twenty dollars, and in all cases before the Recorder and under the laws of this Territory the same right of appeal as is allowed by law in Justices' Courts.

SEC. 5. All appeals from the Recorder's Court shall be to the District Court of the Judicial District in which said city is located and the bond given by the appellant shall be the same as is required by the laws of the Territory in appeals from Justice's Courts.

SEC. 6. That any person brought before the Recorder charged with any offence under the ordinances of this city, wherein the penalty which may be imposed upon conviction exceeds fifty dollars, shall be entitled, if he demand it, to a trial by jury of six citizens of this city. Provided the person demanding such trial shall first pay into Court the costs of said jury, said costs to be refunded to said person if he be acquitted.

SEC. 7. That any person convicted before the Recorder of any offence under the ordinances of the city, shall be punished by fine or imprisonment as may be regulated by ordinance.

SEC. 8. That in the case of a vacancy occurring in the office of Recorder by death, resignation, or otherwise, or in case of sickness, absence, interest or disability of such Recorder to perform his duty, it shall be the duty of any acting Justice of the Peace of said township who may be designated by the Mayor to perform the same during such vacancy, absence, or disability.

ARTICLE VI.

SEC. 1. That the Marshal shall execute, either by himself or deputy, all papers, processes, and other papers issued by the Recorder, he shall also have authority to serve and execute all writs issued to him by any officer within the city, he is hereby declared a constable and vested with all the rights, powers, and jurisdictions by law conferred upon a constable of a township, and for services performed by him is entitled to the same fees as by law are allowed to constables.

SEC. 2. The Marshal shall perform all such duties as are by law or ordinance imposed upon him; he shall be a conservator of the peace, shall be vigilant and active in suppressing all riots, mobs and

disorders within the city, and for this purpose may arrest suspicious or disorderly persons without process, and take them before the Recorder for examination and trial. He shall have power to commit disorderly persons to the city prison, or other safe place of keeping, until examination or trial can be had, and he shall be the chief of the police of the city, subject to the supervision and control of the Mayor.

SEC. 3. He shall by virtue of his office, be collector of the taxes and all revenues within the city; shall give such bond and security for the faithful performance of his duties as Marshal, as may be prescribed by the city Council.

SEC. 4. The Marshal shall have the power to appoint one or more deputies, subject to such regulations as may be prescribed by the city Council, and for whose official acts he shall be responsible.

ARTICLE VII.

SEC. 1. That the City Council shall have power to levy and collect taxes upon all real and personal property within the limits of the city, for the purpose of general revenue, not to exceed one half of one per cent. upon the assessed value thereof in each year, in any manner to be previously provided by ordinance.

SEC. 2. That the City Council shall have power to provide for the sale of real estate for the non-payment of any tax due thereon, and for the time and manner of the redemption of the same; provided, that the owner thereof may redeem the same at any time within two years thereafter, by paying the full amount of said tax, and all taxes subsequently paid thereon by the purchaser, and all costs and charges thereon, together with interest at twenty-five per cent per annum.

SEC. 3 That the City Council shall have power to impose a poll tax not exceeding one dollar, on all able bodied male persons over the age of twenty-one years and under fifty.

SEC. 4. That to levy and collect a license, by tax, on auctioneers, taverns, hawkers, peddlers, dram shop, liquor sellers, pawnbrokers, shows, exhibitions, billiard tables, bowling and ten-pin alleys, or any number of pins the same may have, any and all gambling devices, hacks, wagons, or any other vehicles used within the city for pay, theatres, and theatrical exhibitions for pay.

SEC. 5. That to restrain, suppress and prohibit tippling shops, billiard tables, ten pin alleys, ball alleys, houses of prostitution,

and all disorderly houses and practice gaming and gambling houses, and all kinds of public indecencies.

SEC. 6. That to make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws for that purpose, and to enforce the same within five miles of the city.

SEC. 7.

That to erect and regulate work-houses, poor-houses, and hospitals, and provide for the government and support of the

same.

SEC. 8. That to make regulations to recover the health of the city, to prevent and remove nuisances, and to provide the city with

water.

SEC. 9. That to open, widen, pave, grade, or otherwise improve or repair the streets, alleys and public grounds of the city.

SEC. 10. That to establish, regulate and support night-watch and police, and define the powers and duties of the same.

SEC. 11. That to provide for the lighting of the streets, and erecting of lamp posts.

SEC. 12. That to erect and establish market houses and market places, and to regulate and govern the same; and to provide for all other useful and necessary buildings for the use of the city.

SEC. 13. That to provide for and cause to be taken the census of the city.

SEC. 14. That to provide by ordinance, for the election of city officers, prescribe the manner of conducting the same, and the returns thereof, and for deciding contested elections.

SEC. 15. That to provide for the removal of the officers of the city for misconduct, and for the appointment of officers, their duty and compensation, not provided for in this chapter.

SEC. 16. That to regulate the police of the city, and to impose fines, forfeitures and penalties for the breach of any ordinance, and also for the recovery of the same, and in default of payment, imprisonment in the city prison, or to hard labor in the city.

SEC. 17. That to regulate and prescribe the power, duties and compensations of the officers of the city.

SEC. 18. That to require from all officers and servants elected or appointed, in pursuance of the charter, bonds and securities for the faithful performance of their duties.

SEC. 9 [19]. That to borrow money on the credit of the city, and pledge the revenue and public property of the city for the payment thereof; provided, that there shall not be paid, directly or indirectly, more than per cent. per annum; nor shall a greater debt be contracted than twenty-five thousand dollars, unless a two thirds majority of the qualified voters of said city, at a poll to be for that purpose, shall authorize the same.

SEC. 20. To appropriate money, and provide for the payment of the debts and expenses of the city.

SEC. 21. To divide the city into wards, and to apportion their representations in the city Council according to their population.

SEC. 22. That all ordinances of the city shall be passed pursuant to such rules and regulations as the city council may provide, and all ordinances of the city may be proved by the certificate of the clerk, under the seal of the city; and when published in book or pamphlet form, and purporting to be printed and published by authority of the city, shall be read and received in all courts and places without further proof.

SEC. 23. That the city Council shall cause to be published, once in each year, a statement of the receipts and expenditures of the city, and a statement of the financial condition of the city.

ARTICLE VIII.

SEC. 1. That the city Council shall have power to extend, open or widen any street, avenue, lane or alley, at any place within the city, and to create or open any new street, alley, avenue or lane, at their discretion.

SEC. 2. That when it shall be necessary to take any private property for opening, widening, altering or extending any street, avenue, alley or lane, the city shall make a just compensation therefor to the person whose property is thus taken.

SEC. 3. That if the amount of the compensation cannot be agreed upon, the Mayor shall appoint six disinterested freeholders of said city, who shall estimate and appraise the amount of said damages.

SEC. 4. That the said jury of freeholders, before entering upon their duties, shall be sworn to impartially assess the amounts of said damages, and shall return their written inquest to the Mayor, signed by each juryman.

SEC. 5. That in estimating the amount of such damages, the jury shall estimate and consider the benefit resulting to, as well as the taxes sustained by the owner thereof.

SEC. 6. That the city council shall have power, by ordinance, to levy and collect a special tax on the owners of the lots on any street, avenue, alley or lane, for the purpose of curbing and paving the sidewalks, and for the purpose of grading, paving, macademizing, lengthening, repairing, or otherwise improving said street, avenue, alley or lane.

SEC. 7. That the citizens of said city are hereby exempt from working on any road without the city limits, or for the payment of any tax for the construction of any such road.

ARTICLE IX.

SEC. 1. That the council of said city are hereby authorized and required to provide for the support of the common schools therein, at the expense of the city.

SEC. 2. That the city Council are hereby authorized to divide said city, by territorial limits, into school districts, in such a manner as shall be most convenient, having due regard to the accommodation of all the citizens.

SEC. 3. That the city Council are hereby required to purchase in fee simple, or to receive as a donation for said city, and at the expense of the same, in each of the school districts, a suitable lot of land, in some central and convenient situation, as a site for a school house thereon, and at any time thereafter to cause to be erected thereon a good and substantial school house, and to defray the expenses of the same, and also to pay for the lots of land purchased for such purpose. It shall be lawful, and is hereby made the duty of the city Council, annually to levy, or to cause to be levied, in addition to the other taxes of the city, a tax not greater than a on a dollar upon all property in said city liable to taxation for city purposes, until a sufficient sum shall be raised and collected from such tax to meet the expenses which shall be incurred for the purchase of lots of land, and for the erection of the school houses aforesaid.

SEC. 4. That for the purpose of more effectually supporting common schools in said city, and to secure the benefits of an education to all the children therein, it shall be the duty of the city Council, and they are hereby authorized to levy and collect an annual tax of one mill on a dollar upon all the property in said city' subject to taxation for city purposes, which shall be appropriated to defray the necessary expenses of said schools.

SEC. 5. That said schools in the several districts in said city shall at all times be equally free and accessible to all children not less than six or more than twenty-one years of age; provided, that nothing in this act contained shall be so construed as to permit black or mulatto persons to attend said schools, or to receive instruction therein; but all taxes assessed upon black or mulatto