iii a»»t^il! UNIVERSITY OF CALIFORNIA LOS ANGELES CHARTER AND REVISED ORDINANCES OP THE CITY OF Saint Joseph EMBRACING ALL ORDINANCES OF GENERAL INTEREST IN FORCE APRIL I. 1905 TO WHICH ARE ADDED ALL LAWS OF THE STATE OF MISSOURI OF A GENERAL NATURE APPLICABLE TO THE CITY OF ST. JOSEPH, AND A HISTORICAL SKETCH OF THE CITY Compiled, Arranged, Annotated and Indexed by JAMES M. WILSON Printed and Published by Authority of the City of St. Joseph 423 Tf> SAINT JOSEPH, MISSOURI COMBE PRINTING COMPANY 1905 Printed copies of the ordinances of any city * * * purporting to be published by authority of such city * * * and any printed pamphlet or volume purporting to be published by authority of any such city, and to contain the ordinances * * * of such city, shall be evidence in all Courts within this State, of such ordinances * * *^ — [R. S. 1899, Sec. 3100.] Table of Contents Page Historical Sketch 1 CONSTITUTION OF THE STATE OF MISSOURI. Article II— Bill of Rights 6 Article IV — Legislative Department 6 Article IX— Counties, Cities and Towns 7 Article X — Revenue and Taxation 9 Article XI — Education 12 Article XIV — Miscellaneous Provisions 13 CHARTER. Article I — Organization and Classification of Cities 14 Article II — Corporate Powers— Enlargement of City Limits— Crea- tion of Wards 17 Article III— Common Council 21 Article IV — General Powers of Mayor and Common Council 29 Article V — Board of PubUc Works 46 Article VI — City Officers— Elections 57 Article VII — Mayor 62 « Article VIII— Duties of Ofllcers 64 a Article IX — Revenue — Levy of Taxes 69 Article X— Indebtedness — Bonds 107 V Article XI— Condemnation of Private Property for Public Use 118 5 Article XII- Change of Established Grade— Grading Streets 124 ^^ Article XIII — Grading and Paving Streets 130 ^ Article XIV— Boulevards— Special Tax Bills— Sprinkhng and Clean- ing Streets 141 Article XV— Plan of Streets, Additions and Plats 144 Article XVI— Sewers 147 Article XVII— Fire Department 150 Article XVIII— Parks 161 Article XIX— Public Library 163 Article XX— Charity Board 168 J IV TABLE OF CONTENTS. Page Article XXI— Police Force— Commissioners 171 Article XXII— Public Work— Bonds of Contractors 182 Article XXIII— Franchises— Sale of 183 Article XXIV— Water, Gas, Electric, Telephone and Telegraph Plants 185 Artici e XXV— Railroads 188 Article XXVI— Street Railways 190 Article XXVII— Burial Ground 197 Article XXVIII— Riot— Damage by 198 Article XXIX — Damages— Action for Personal Injuries 199 Article XXX— Registration 201 Article XXXI — Dramshops 211 Article XXXII— Plumbing 213 Article XXXIII — Miscellaneous Provisions 217 Article XXXIV— Bridges and Tunnels 221 REVISED ORDINANCES. Chapter I — Accidents- Evidence to be Preserved 223 Chapter II — Amusements — Shows 225 Chapter III— Auctioneers 232 Chapter IV— Billiard and Other Tables 233 Chapter V— Bill Posting— Bill Boards 235 Chapter VI — Boilers— Steam Boilers— Inspection of, Etc 238 Chapter VII — Boundaries — Munieipal Boundaries 247 Article I — Corporate Limits — Extension of 247 Article II — Ward Boundaries 249 Article III — Subdivision of Wards 251 Chapter VIII — Buildings 255 Article I — Buildings — Survey and Inspection of 255 Article II — Permits by Superintendent of Buildings 258 Article III — Unsafe Buildings 258 Article IV — Construction of Buildings 264 Article V — Removal of Buildings.. 270 Article VI— Numbering Buildings 271 Chapter IX— Chimney Sweep 273 Chapter X— Common Council 275 Article I — Common Council 275 Article II— Committees of Common Council 277 Chapter XI— Condemnation of Private Property, Etc 279 TABLE OF CONTENTS. V Chapter XII— Dogs and Other Animals 281 Article I— Dogs 281 Article II— Dog Enumerator and Ex-officio Publiclmpounder . . 284 Article III — Impounding Live Stock 287 Chapter XIII— Dramshops 289 Chapter XIV— Elections 296 Chapter XV— Fire Department 302 Article I— Department and Regulation 302 Article II — Fire Limits 308 Article III — Fire Escapes 312 Article IV— Prevention of Fires 315 Article V— Storage of Combustibles 318 Article VI — Firemen's Pension Fund 320 Chapter XVI — Garbage 32i Chapter XVII — Gunpowder 325 Chapter XVIII— Health Department 327 Article I — Board of Health 327 Article II— Health Oflficer 329 Article III— Clerk of Board of Health 332 Article IV — Sanitary Inspector 334 Article V— City Hospital 336 Article VI— City Dispensary 337 Article VII — Mortuary Records 338 Article VIII— Vital Statistics 340 Article IX— Quarantine 341 Article X — Adulteration of Foods 346 Chapter XIX— Highways 348 Article I — Names of Streets 348 Article II — Grades of Streets 385 Article III — Grading, Improvement and Repair of Streets 422 Article IV— Excavating in Streets 429 Article V — Obstruction of Streets, Etc 434 Article VI— Classification and Construction of Sidewalks 441 Article VII — Repair of Sidewalks . 449 Chapter XX— Hotels and Boarding Houses 453 Chapter XXI— Hucksters 454 Chapter. XXII— Ice 457 Chapter XXIII— Inspector of Licenses, Weights and Measures 459 Chapter XXIV — Insurance Companies 464 Chapter XXV— Intelligence Offices 465 Chapter XXVI— Junk Dealers 466 VI TABLE OF CONTENTS. Page Chapter XXVII— Licenses 468 Chapter XXVIII— Markets 484 Article I — Markets— Regulations for 484 Article II — Market Master 489 Chapter XXIX— Meat Shops 491 Chapter XXX— Merchant's License 493 Chapter XXXI— Milk 499 Chapter XXXII— Misdemeanors 504 Article I— Miscellaneous Offenses 504 Article II — Penalties 521 Chapter XXXIII— Nuisances 522 Chapter XXXIV— Officers 530 Article I— Mayor 530 Article II— Comptroller 532 Article III— Counselor 536 Article IV — Auditor 538 Article V — Treasurer 542 Article VI— City Clerk 545 Article VII — Assessor 548 Article VIII— City Attorney 550 Article IX— City Electrician 551 Article X— City Engineer 555 Article XI— Bonds of Officers 556 Article XII — Provisions Governing Officers and Employes — 557 Chapter XXXV— Ordinances 563 Chapter XXXVI— Parks 567 Article I— Public Parks ... 567 Article II — Park Commissioners 570 Chapter XXXVII— Passenger Depots 571 Chapter XXXVIII— Pawnbrokers 573 Chapter XXXIX— Plumbing 577 Article I — Plumbing Inspector— Rules Regulating Plumbing 577 Article II — Board of Examiners 586 Chapter XL -Pohce Court 589 Article I— Police Court 589 Article II— Secretary of Police Court 598 Article III— Contempt 600 Chapter XLI— Printing— City Printing 602 Chapter XLII— Railways — Steam Railways 604 TABLE OF CONTENTS. vii Page Chapter XLIII — Railway s— Street Railways 609 Article I — General Provisions for Street Railways 609 Article II — Reconstruction and Paving of Street Railway Tracks 618 Article III — Plank Crossings for Street Railway Tracks 622 Chapter XLIV— Reports and Accounts 623 Chapter XLV — Revenue — Unredeemed Property 625 Chapter XLVI— Runners 626 Chapter XLVII— Scales and Weights 628 Article I — Public Scales 628 Article II— City Weighmaster 630 Chapter XLVIII— Scavengers 633 Chapter XLIX— Seal 636 Chapter L— Second- Hand Dealers 637 Chapter LI— Sewers 638 Chapter LII — Trees— Shade and Ornamental 692 Chapter LIII— Vagrants 694 Chapter IJV — Vehicles — Rates and Regulations 697 Chapter LV— Water 702 Article I — Rates Charged Private Consumers of Water 702 Article II— Time of Payment— Enforcement of 714 Chapter LVI— Wood 716 Chapter LVII— Workhouse 717 HISTORICAL SKETCH. The land whereon the city of St. Joseph now stands was first viewed by white men in the summer of 1804, when Lewis and Clarke ascended the Missouri river on their memorable exploring expedition under the direction of President Jefferson. On the 4tli day of July of that year they were encamped on the Kansas side, near the present site of the town of Doniphan, and in honor of that day gave the name of Independence Creek to the stream that flows into the river just below that point, and about six miles north of Atchison. On the same day they pulled their boats fur- ther up the river and crossed to the Missouri side, exploring a chain of lakes, one of wdiich was evidently our beautiful Lake Contrary. AVhile so engaged, the account of the expedition states that one of the men was bitten by a snake, but by a timely applica- tion of bark and gunpowder to the wound no serious results at- tended the accident. Nothing was seen by these explorers worthy of note in the immediate vicinity of the mouth of Blacksnake Creek. A few miles further down the river were found the abandoned ruins of an Indian village, but no Indians were seen, excepting an oc- casional straggler between the mouth of the Kaw river and the Big Platte, and it is probable that at that date and up to the time of its settlement by the white people what is now Buchanan and adjoining counties was used by the Indians as a common hunt- ing ground, the forests abounding in deer, bear, wild turkey and almost all kinds of small game. jMissouri was admitted as a state in 1821 with its present boundaries, except what is now known as the Platte Purchase, which included the counties of Andrew, Atchison, Holt, Nodaway, Buchanan and Platte, and which was then a part of the Iowa Ter- ritory, and occupied jointly by the Sac, Fox and Iowa Indians under treaty. In 1835 the settlers in Clay and adjoining counties began to express their desire for the acquisition by the United States government of this extremely valuable strip to be added to the state of Missouri, and in 1836, with the assistance of such 2 HISTORICAL SKETCH. men as General Andrew S. Hughes, A. W. Doniphan and David R. Atchison, Senators Benton and Linn succeeded in having a bill passed in congress by which it became a part of the state of Missouri, and on September 17, 1836, Captain William Clarke, who had been superintendent of Indian affairs in Missouri, and once territorial governor, formed a treaty with the Indians by which they ceded this strip to the United States governuient, and in re- turn received $7,500 in money and 400 sections of land on the banks of the Big Platte, and the territory thus acquired and added to the state has since been known as "Platte Purchase." The following December congress passed a law opening the country to settlement, and the next year settlers from adjoining counties and from the states east of the Mississippi came to es- tablish homes in the newly acquired territory. They had listened eagerly to stories of a land unsurpassed in fertility of soil, salu- brity of climate and in abundance of game. None were disap- pointed and few returned. Soon after the explorations by Lewis and Clarke hunters and trappers, and later traders, began to make an occasional appear- ance on the waters of the Missouri above the mouth of the Kaw. In June, 1819, the first steamboat made its trip up the Missouri river past this point bound for the Yellowstone. It was called the * ' Western Engineer. ' ' In 1826 Joseph Robidoux established a trading post at the mouth of Blacksnake Creek, first as the agent of the American Fur Company and later for himself. The trade thus established with the trappers and Indians grew to be profitable, and the hardy Frenchman and his family were not long alone. Others, mostly his own countrymen, joined him, and with the settlement of the coun- try round about traffic grew at " Robidoux 's," and in 1843 a new town was laid off and called St. Joseph in, honor of its founder and in remembrance of the good saint for whom Robidoux had been christened. It extended from Messanie street on the south to a little above Robidcnix street on the north, and from the river on the west, east to Sixth street, and comprised that portion of the city which is now shown on llic |)l;it as "Original Town." The streets were named foi- the membei-s of the Robidoux family — An- gelique (the foundei-'s wife), Sylvanie, Felix, Francis, Jules, An- toine, Farai>ii. l-ldiiiond, etc. In 1847 the population of the town was 967, and from this time on its irrowth was rapid. St. Joseph became the outfitting HISTORICAL SKETCH. 3 point for Pike 's Peak and the California gold fields, and when the Hannibal & St. Joseph railroad was completed in 1859 fresh im- petus w^as given to the traffic then peculiar to the West. The town of Weston had at first held the river trade, and was looked upon as the future metropolis of the upper Missouri, but with the building of railroads and the decreasing importance of the hemp crop, of which Weston is said to have been the greatest market in the world, its decline was rapid. The county seat had at first been established at Sparta, about six miles further south, and remained there until 1846, when it was changed, after a spirited campaign, to St. Joseph. In 1849 the travel westward from St. Joseph had grown to great proportions. Between April 1st and June 15th of that year 1,508 wagons were ferried over the river here on their way across the great plains, and it was estimated that in 1850 more than 50,- 000 emigrants left for the far west after having outfitted at St. Joseph. In 1851 St. Joseph received its first charter at the hands of the legislature. It was a very conservative instrument, provid- ing that the mayor and council should have the power to levy a tax of not exceeding one-half of 1 per cent upon the assessed value of property within the city, and further providing that there could not be expended more than $1,000 annually for the payment of salaries of city officers ; that no money should be paid out of the city treasury unless in pursuance of appropriations, and that the city officers should have no power to contract or in any man- ner create a debt or liability exceeding the sum of $1,000 over and above the amount in the city treasury and not otherwise ap- propriated. In 1855 the legislature w^as prevailed upon to enlarge the powers of the municipality, authorizing it to "subscribe for the capital stock of railroads, and for erecting wharves and pro- tecting the banks of the Missouri," and in 1857 the charter was again amended authorizing the mayor and council "to subscribe for the capital stock of any railroad terminating at or near said city, or for the stock of any other improvement tending to pro- mote the general interest and prosperity of the city." Thus were the mayor and council of St. Joseph given the power to fix an indebtedness upon future generations, no limit being placed upon the amount thereof, nor any restriction as to what it should be 4 HISTORICAL SKETCH. for so long as in their opinion it "tended to promote the general interest and prosperity of the city. Under the charter as thus amended the municipal officers, under the guise of promoting the g'eneral interest and prosperity of the city, issued bonds as follows: For river improvement, $200,000 ; gas plant, $25,000 ; St. Joseph & Denver railroad, $500,- 000 ; bridge, $500,000 ; Kansas City, St. Joseph & Council Bluffs railroad, $210,000 ; IMissouri Valley railroad, $150,000 ; St. Joseph & Topeka railroad, $50,000 : macadam road from Elwood to Wa- thena, $25,000 ; the rate of interest being not less than 8, and in some instances 10 per cent. The result was that in a few years the city had reached its financial limit. City warrants were selling at a discount of from 10 to 20 per cent below par. In 1878 one and two dollar warrants, resembling government bills, bearing no interest, were issued to the extent of $100,000 for home circulation, bearing upon their face the city's promise to pay. The people soon became heartily tired of the "city scrip," as it was popularly called. It would not circulate outside of the city, and its constant handling soon re- duced it to a dilapidated condition. Its redemption did not take place, however, until 1885-6. Times grew so hard with the city and its financial standing was so bad that in the latter 70 's and early 80 's talk of repudia- tion was heard on all hands, but better judgment prevailed, and after encountering many difficulties all of the old indebtedness was refunded. However, St. Joseph was not the only Missouri city wlilch suffered in those da.ys from extravagant gifts to corporations, and in 1875 the adoption of a new constitution wiselj^ marte it impos- sible for such a thing to occur in the future. It was provided by this new instrument that no city or other municipality should thereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make any appropriation, or donation, or loan its credit to or in aid of any such corporation or association ; and it was further provided that no city or town should have the right under any circumstances to incur indebt- edness in excess of 5 per cent of the city's assessed valuation. The cily's indebtedness had, however, reached beyond the two million mai-k. and while it has at this date, 1905, been materially reduced the taxpayers are still laboring to rid themselves of this early bnrdon. In 1882 the tax levy for municipal purposes was HISTORICAL SKETCH. 5 $2.60 on the $100 valuation; in 1892 it had fallen to $1.60, and for the year 1905 it is only $1.30, while the bonded indebtedness is now but $1,281,850, including the $325,000 of electric light plant and sewer bonds issued in 1[)04 : and the last named issue is about the only indebtedness for which the city can point to an equiva- lent. In 1885 St. Joseph became a city of the second class, and while it is entitled, under the census of 1900, to become a city of the first class, it has never elected to come within that classifica- tion. While the development of St. Joseph was to a material extent arrested by the Civil War, as well as by the reckless financial ven- tures above referred to, its growth has at all times been steady, and even rapid, and its prosperity for many years past has been fully assured. The population of St. Joseph has been practically doubled every ten years of its existence, the census reports being as follows : 1850. Population 3,460 1860. ' ' 8,932 1870. ' ' 19,565 1880. ' ' 32,431 1890. ' ' 52,324 1900. " 102,974 The census of 1900 showed that of the sixty-two cities in the United States having a population of 60,000 and over but two. New York and Los Angeles, showed a greater percentage of in- crease in population from 1890 to 1900. JAMES M. WILSON. CONSTITUTION OF THE STATE OF MISSOURI. 1875. PROVISIONS AFFECTING CITIES. ARTICLE II BILL OP RIGHTS. Section 18. Officers to attend personally to duties. Sec. 18. Officers to attend personally to duties. — That no person elected or appointed to any ol'fiee or employment of trust or pi-ofit under the laws of this state, or any ordinance of any raunicii)ality in this state, shall hold such office without personally devoting his time to the performance of the duties to the same belonging. ARTICLE IV. LEGISLATIVE DEPARTMENT. Section 47. Municiiialitios, loaning credit of. Sep. 47. Municipalities, loaning credit of.— The General A.ssembly shall have no power to authorize any county, city, town or townsliip. oi- .iihci- political corporation or subdivision of the state now existin^^ or that may be hereafter established, to lend I CONSTITUTION. 7 its credit, or to grant public money or thing of value in aid of or to any individual, association or corporation whatsoever, or to be- come a stockholder in such corporation, association or company: Provided, that this shall not be so construed as to prohibit the General Assembly from providing by law for authorizing the crea- tion, maintenance and management of a fund for the pensioning of crippled and disabled firemen, and for the relief of the widows and minor children of deceased firemen, by such cities, villages or incorporated towns as may have an organized fire dei)artment — said fund to be taken from the municipal revenue of such cities, villages or incorporated towns. (Proviso added by amendment adopted Nov. 8, 1892). ARTICLE IX COUNTIES, CITIES AND TOWNS. Section 2. All additions to be part of county seat. 6. Subscription to capital stock of coipoiations, etc., prohibited. Section 7. Classification of cities and towns. 13. Fees of officers limited. 14. Additional officers. 18. No person to hold two offices. Sec. 2. All additioiis to be part of county seat. — * * * All additions to a town which is a county seat shall be included, considered and regarded as part of the county seat. Sec. 6. Municipalities not to subscribe to capital stock of corporation. — No county, tov\^nship, city or other municipality shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appropria- tion or donation, or loan its credit to or in aid of any such cor- poration or association, or to or in aid of any college or institution of learning or other institution, whether created for or to be con- trolled by the state or others. All authority heretofore conferred for any of the purposes aforesaid by the General Assembly, or by the charter of any corporation, is hereby repealed : Provided, however, that nothing in this constitution contained shall affect the right of any such municipality to make such subscription where the same has been authorized under existing laws by a 8 CONSTITUTION. vote of the people of such niunicipality prior to its adoption, or to prevent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for the liquidation or pay- ment of such subscription, or of any existing indebtedness. Sec. 7. Classification of cities and towns. — The General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be de- fined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restrictions. The General Assembly shall also make provis- ions, by general law, whereby any city, town or village existing by virtue of any special or local law may elect to become subject to and be governed by the general laws relating to such corpora- tions. Sec. 13. Fees of officers limited. — The fees of no ex- ecutive or ministei'ial officer of any county or municipality, exclu- sive of the salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make return, quarterly, to the county court of all fees by him received, and of the salaries by him actually paid to his deputies or assistants, stating the same in detail, and verifying the same by his affidavit; and for any statement or omission in such return, contrary to truth, such officer shall be liable to the penalties of Avilful and corrupt perjury. Sec. 14. Additional officers.— Except as otherwise di- rected by this constitution the General Assembly shall provide for the election or appointment of such other county, township and municipal officers as public convenience may require, and their tei-iiis of office and duties shall be prescribed by law; but no term of office shall exceed four years. Sec. 18. No person to hold two offices.— And uq person shall, at the same time, fill two municipal offices, either in the same or different municipalities; but this section shall not apply to nota- ries public, justices of the peace or officers of the militia. CONSTirUTION. ARTICLE X. REVENUE AND TAXATION. Section Section 1. The taxing power. 9. Cities liable for state taxes. 2. The power to tax corporations. ' 10. Taxes, how assessed. 3. Taxes may be levied. j 11. Rate and valuation. 4. Property, how taxed. I 12. Not to become indebted in ex- 5. Railioad coiporations, how j cess of revenue. taxed. 13. Private property. 6. Property exempt from taxation. 17. The making of profit. 7. Other exemptions void. | 20. Moneys not to be misapplied. Section 1. The taxing power. — The taxing power may be exercised by the General Assembly for state purposes, and by counties and other municipal corporations, under authority granted to them by the General Assembly, for county and other corporate purposes. Sec. 2. Power to tax corporations. — The power to tax cor- porations and corporate property shall not be surrendered or sus- pended by act of the General Assembly. Sec. 3. Taxes may be levied. — Taxes may be levied and col- lected for public purposes only. They shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and all taxes shall be levied and collected by gen- eral laws. Sec. 4. Property, how taxed. — All property subject to taxa- tion shall be taxed in proportion to its value. Sec. 5. Railroad corporations, how taxed. — All railroad cor- porations in this state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other pur- poses, on the real and personal property owned or used by them, and on their gross earnings, their net earnings, their franchises and their capital stock. Sec. 6. Property exempt from taxation.— The property, real 10 CONSTITUTION. and personal of the state, counties and other municipal corpora- tions, and cemeteries, shall be exempt from taxation. Lots in in- corporated cities or towns, or within one mile of the limits of any such city or town, to the extent of one acre, and lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, may be exempted from taxation, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable ; also such property, real or per- sonal, as may be used exclusively for agricultural or horticultural societies ; provided, that such exemptions shall be only by general hiw. Sec. 7. Other exemptions void. — All laws exempting prop- erty from taxation other than the property above enumerated shall be void. Sec. 9. Cities liable for state taxes. — No county, city, town or other municipal corporation, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatsoever. Sec. 10. Taxes, how assessed. — ^The General Assembly shall not impose taxes upon counties, cities, towns or other municipal corporations or upon the inhabitants or property thereof, for county, city, town or other municipal purposes, but may, by gen- eral laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. Sec. 11. Rate and valuation.— Taxes for county, city, town and school piiri)()ses may be levied on all subjects and objects of taxation: })ut the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school district for state and county purposes. * * * For city and town purposes the annual rate on property in cities and towns having thirty thousand inhabitants or more shall not, in the aggre- gate, exceed one hundred cents on the hundred dollars valuation. * * * For school purposes in districts the annual rate on prop- erty shall not exceed forty cents on the hundred dollars valuation ; Provided, the aforesaid annual rates for school purposes may be CONSTITUTION. 11 increased in districts formed of cities and towns to an amount not to exceed one dollar on the hundred dollars valuation, and in other districts to an amount not to exceed sixty-five cents on the hundred dollars valuation, on the condition that a majority of the voters who are taxpayers voting at an election held to decide the question vote for said increase. For the purpose of erecting pub- lic buildings in counties, cities or school districts the rates of tax- ation herein limited may be increased when the rate of such in- crease and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city or school district voting at such elec- tion shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for state and county purposes, and the rate allowed to each city or town by the number of inhab- itants, according to the last census taken under the authority of the state, or of the United States ; said restrictions as to rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing, or bonds which may be issued in renewal of such indebtedness. Sec. 12. Not to become indebted in excess of revenue. — No county, city, town, township, school district or other polit- ical corporation or subdivision of the state shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose ; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount including existing indebtedness, in the aggregate, exceed- ing five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assess- ment for state and county purposes, previous to the incurring of such indebtedness ; Provided, that with such assent any county may be allowed to become indebted to a larger amount for the erection of a court house or jail. And provided further, that any county, city, town, township, school district, or other political corporation or subdivision of the state, incurring any indebted- ness, requiring the assent of the voters as aforesaid, shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls 12 CONSTITUTION. due, and also to constitute a sinking fund for payment of the principal thereof, within twenty years from the time of contract- ing the same. Sec. 13. Private property. — Private property shall not be taken or sold for the payment of the corporate debt of a municipal corporation. Sec. 17. The making of profit. — The making of profit out of state, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by hiw. Sec. 20. Moneys not to be misapplied. — The moneys arising from any h)an, debt or liability, contracted by the state or any county, city, towij or other municipal corporation, shall be applied to the purposes for which they were obtained, or to the payment of such debt oi- liability, and not otherwise. ARTICLE XI. EDUCATION. Section 11. Funds not to be used for sec tarian purposes. Sec. 11. Funds not to be used for sectarian purposes. — Neither the general assembly, nor any county, city, town, town- sliip, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian pur- pose, or to help support or sustain any private or public school, academy, seminary, college, university or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of per- sonal property or real estate ever be made by the state or any county, city, town or other municipal corporation, for any relig- ious creed, church or sectarian purpose whatever. CONSTITUTION. 13 ARTICLE XIV MISCELLANEOUS PROVISIONS. Section 5. Tenure of officers. 6. Oath of office. Section 7. Removal from office. 8. The compeiLsation or fees. Sec. 5. Tenure of office. — In the absence of contrary provis- ion, all officers now or hereafter elected or appointed, subject to the right of resignation, shall hold office during their official terms, and until their successors shall be duly elected or appointed and qualified. Sec. 6. Oath of office. — All officers, both civil and military, under the authority of this state, shall, before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the constitution of the United States, and of this state, and to demean themselves faithfully in office. Sec. 7. Removal from office. — The general assembly shall, in addition to other penalties, provide for the removal from office of county, city, town and township officers, on conviction of wil- ful, corrupt or fraudulent violation or neglect of official duty. Sec. 8. Compensation or fees. — The compensation or fees of no state, county or municipal officer shall be increased during his term of office ; nor shall the term of any office be extended fo^ a longer period than that for which such officer was elected o]' appointed. CHARTER. ORGANIZATION AND CLASSIFICATION OF CITIES. ARTICLE I Section I Section 1. Second class. I 4. Second city not to be incorpor- 2. City may elect to become a city of the class, etc. 3. Vested rights preserved. ated. Census may be taken, when. Section. 1. Of the second class. — All cities and towns in tl>is state containing thirty and less than one hundred thousand in- habitants, shall be cities of the second class. [R. S. 1899, Sec. 5253]. (a) Sec. 2. City may elect to become a city of the class, etc. — Any city or town in this state, existing by virtue of the present general law, or by any local or special law, may elect to become a city of the class to which its population would entitle it under the provisions of this article by passing an ordinance or proposi- tion, and submitting the same to the legal voters of such city or town, at an election to be held for that purpose, not less than twenty nor more than thirty days after the passage of such or- dinance or proposition ; and if a majority of such voters, voting at such election, shall ratify such ordinance or proposition, the mayor or chief officer of such city or town shall issue his procla- mation declaring the result of such election, and thereafter such city or town shall, by virtue of such vote, be incorporated under the provisions of the general law provided for the government of the class to which such city belongs, which class shall be deter- mined by the last census taken, whether state or national. * * * * fR. S. 1899, Sec. 5257]. (a) Murnane v. City of St. Louis, 123 Mo. 479. 151 Mo. 4G5. ART. I. ORGANIZATION AND CLASSIFICATION. 15 Sec. 3. Vested rights preserved. — All rights and property of every Ivind and description, which were vested in any city under its former organization, shall be deemed and held to be vested in such city upon its becoming reorganized as provided in the preceding section ; but no rights or liabilities, either in favor or against such city, existing at the time of so becoming reorgan- ized, and no suit or prosecution of any kind shall be affected by such change, but the same shall stand and progress as if no change had been made. [R. S. 1899, Sec. 5258]. Sec. 4. Second city not to be incorporated. — No city, town or village shall be organized within this state under and by virtue of any law thereof, adjacent to or within two miles of the limits of any city of the first, second or third class, or a city having a population sufficient to become a city of the first, second or third class, unless such city, town or village be in a dift'erent county from such city. [R. S. 1899, Sec. 5261]. (b) Sec. 5. May cause census to be taken, when. — Any city, town or village within this state, now incorporated under the provisions of this chapter, or under any special or local law, as a village, town or city either of the second, third or fourth classes, as classified in said chapter, and in which the citizens thereof desire incorporation as a village, town or city of a higher class, and believe that since the taking of the last census, state or national, there has been sufficient increase in population to entitle it to such desired incorporation, may, by authority of an ordin- ance, and at the expense of such village, town or city, cause to be taken a census of its population, and should such census, when so taken, show that the village, town or city taking the same has the requisite population to entitle it to the right to become incorporated as a village, town or city of a higher class, then such village, town or city may proceed to secure such incorporation as its population may then entitle it to, under and by authority of the provisions of this chapter; Provided, that cities or towns that have permitted their organization to become dormant or ineffec- tive, through a failure to elect corporate officers, or levy a cor- porate tax for the two years immediately preceding, may, by a (b) A city already organized is not prohibited by this section from ex- tending its limits to within two miles of a city of one of these classes: Warren v. The Barber Paving Co., 115 Mo. 572. 16 CHARTER. petition of the majority of the tax payers of such city or town, to the county court, have an enumeration taken and be assigned to its proper class ; and thereupon the county court shall appoint the proper officers for such city or town, who shall hold their office until the next annual election thereafter and until their successors are elected and qualified. [R. S. 1899, Sec. 5262] . ART. II. CORPORATE POWERS. 17 ARTICLE II. CORPORATE POWERS.— ENLARGEMENT OF CITY LIMITS.- CREATION OF WARDS. Section 1. Powers of city; effect of reor- ganization. 2. Courts take judicial notice of city and class. 3. Wards of city, how changed. 4. Same. 5. Annexed territory to be organ- ized into new ward. Section 6. Wards not to be changed, when. 7. To be of adjacent territory, and numbered. 8. Election of aldermen, when. 9. Aldermen to fill out term for which elected. Section 1. Powers of city; effect of reorganization. — Any city of the second class in this state may become a body corporate under the provisions of this article, in the manner provided by law, under the name and style of the city of ; and by that name shall have perpetual succession ; may sue and be sued> plead and be impleaded, defend and be defended in all courts of law and equity, and in all actions whatsoever; may purchase, receive and hold property, real and personal, within such city, and beyond the limits of such city, to be used for the burial of the dead of such city ; for the erection of water works to supply the city with water; for the establishment and erection of gas works to supply the city with light; for the establishment of a hospital or hospitals for the reception of persons infected with contagious or other diseases; for a poor house or poor houses, work house, house of correction, or for any other purposes ; may sell, lease or otherwise dispose of any property for the benefit of the city ; may receive bequests, gifts and donations, of all kinds of property within or without the city, in fee simple or in trust for charitable or other purposes, and do all acts necessary to carry out the purposes of such bequests, gifts and donations with power to manage, sell or lease or otherwise dispose of the same ; and may have and use a common seal, and may break, change or alter the same at pleasure ; and all courts of this state shall take judicial notice of such reorganization. The jurisdic- tion of any city which shall be reorganized under this article shall not in anywise be affected or changed in consequence of 18 CHARTER. such reorganization, but such limits, wards and boundaries shall remain after such change or organization the same as at the time of such reorganization under this article ; and all laws or parts of laws or ordinances, not inconsistent with the provisions of this article, which were operative in such city prior to its re- organization, shall continue to be in force until repealed or other- wise changed by ordinance. [R. S. 1899, Sec. 5489]. Sec. 2. Courts take judicial notice of city and class. — When any city or town existing by virtue of the general law of the state, or by a local or special act, may elect to become a city of the second class, or any city of the second class shall be incor- porated according to law, all courts of the state shall take judicial notice of the fact of the city being a city of the second class, and of all steps taken to make it such, and of the corporate limits thereof. [R. S. 1899, Sec. 5517]. Sec. 3. Wards of city, how changed. — "Whenever the cor- porate limits of any city of the second class shall be altered or extended, and whenever the population of any such city, or of any ward or wards thereof, has been or may be so increased or diminished as to render, in the opinion of the common council, a division or redistricting of the corporation into wards, or. a change in the boundary of any ward or wards necessary, the same may be done by ordinance at some regular meeting of the common council. [R. S. 1899 Sec. 5510]. Sec. 4. Same. — Upon any ordinance for such purpose being introduced into the common council, the latter shall, before final passage thereof, by resolution, require the city clerk to publish a copj^ of the ordinance in at least one daily newspaper pub- lished in the city, to be designated in the resolution, for at least three weeks within the four weeks next after the passage of such resolution. After such publication, proof thereof shall be made and filed with the city clerk, and if the common council sliiili b(! satisfied that such publication has been made, it shall by a vote so find, and the city clerk shall make a record of such finding in the book for record of the current proceedings of the common council, which record shall be conclusive evidence of the truth of the fact so found. If such ordinance be passed by the common council at the first or second regular meeting after ART, 11. CORPORATE POWERS. 19 such publication and finding, and not later, and duly approved by the mayor, the same shall thereafter be in force until repealed or altered. Any such ordinance shall be subject to amendment before such publication thereof, but not later. [R. S. 1899, Sec. 5511]. Sec. 5. Annexed territory to be organized into new ward. — When territory is annexed to any city of the second class, pursuant to subdivision number XLIII of section 5508, the com- mon council shall, by ordinance, organize the same into a new ward or wards, or attach the same to some existing ward or wards, long enough before the next ensuing general city election to enable electors in such annexed territory to register, and all other proper steps to be taken according to law, so that elec- tors of such annexed territory may have full opportunity to register and vote at such election. Actual residents of any ter- ritory at the time of the annexation thereof to any city of the second class according to this article shall, if otherwise quali- fied and duly registered, be qualified electors or voters of the city, and be eligible to any office therein at the next general city election following such annexation. In case of redistricting or division of the city into wards, creation of any new ward or wards, or change of boundary in any ward or wards, every quali- fied elector or voter residing in any ward at any general city election next thereafter shall, if otherwise qualified and duly registered, be a qualified voter of the city, and be eligible to any office therein. [R. S. 1899, Sec. 5512]. , Sec. 6. Wards not to be changed, when. — Territory shall not be annexed to any such city within four months next pre- ceding any general city election, nor shall there be a redistricting or division of the city into wards or change of boundaries of any ward or wards, or creation of any new ward or wards, within two months next preceding any general election. [R. S. 1899, Sec. 5513]. Sec. 7. To be of adjacent territory and numbered. — All wards which may be hereafter established shall be composed of adjacent and compact territory, and the several wards at the time of redistricting shall contain as nearly an equal number of inhabitants as may be practicable. The wards shall be num- 20 CHARTER. bered consecutively from one up to the highest number thus established. [R. S. 1899, See. 5514]. Sec, 8. Election of aldermen, when. — Whenever any change in the number of any ward, or alteration in the boundaries of any ward shall be made, or new ward shall be established, there shall be no election of aldermen in such wards until the next regular election for corporation officers. [R. S. 1899, Sec. 5515] . Sec. 9. Aldermen to fill out term for w^hich elected. — Nothing herein contained shall be construed to limit or abridge the term of office which any alderman may be elected to fill, but every alderman shall be deemed and taken to be, for the residue of the term for which he may have been elected, an alderman of that ward in which his actual residence and place of abode may be, at and after any division of the city into wards, or creation of any new wards, or change in the boundaries of any ward or wards. [R. S. 1899, Sec. 5516]. ART. III. COMMON COUNCIL. 21 ARTICLE III. COMMON COUNCIL. Section I Section Common council, how composed and elected — tenure of office. Salary of membsrs. Qualifications of president and coun- cilmen. Ordinances— style of— how passed. Salaries of city officers, to be fixed by common council. City clerk to attend council meetings and keep record. Ordinances, how revised or amended. Quorum. Power to make rules, etc. 10. U. 15. Journal to be kept— vote, how taken — reconsideration — signature of president. Officers and members not to hold any state or city office, or be employed bv city during term. Vacancies, how filled. Bills to be presented to mayor — veto — reconsideration by council. President of council to exercise du- ties of mayor and receive compen- sation of, when. Attendance of witnesses. Sectiox 1. Common council, how composed and elected • — tenure of office. — The legislative power of all cities of the second class shall be vested in a municipal assembly, to be known as the "common council of the city of ," which shall consist of as many members as there are wards in the city, one to be elected from each ward by the qualified voters of the city at large for a term of four years and until their respective successors are elected and qualified, and a president of the com- mon council who shall also be elected by the qualified voters of the city at large for a term of four years and until his successor shall be elected and qualified, excepting as hereinafter provided. In all cities hereafter becoming cities of the second class, at the first election of councilmen if held on the first Tuesday in April of any even numbered year, there shall be elected a president of the common council for a term of four years as hereinbefore pro- vided, and a member of the common council from, each even num-i bered ward for a term of four years and until their respective successors shall be elected and qualified, and from each odd numbered ward a member for a term of two years and until their respective successors shall be elected and qualified, and thereafter all members shall be elected for a term of four years and until their respective successors shall be elected and qualified. If 22 CHARTER. such election shall not be held on the first Tuesday of an even numbered year, the president of the common council and all members shall hold their offices until the first Tuesday in April of the next succeeding even numbered year, and until their re- spective successors are elected and qualified; and at the election held on the first Tuesday in such even numbered year, the pres- ident of the common council and members of the council shall bo elected as hereinbefore provided when such first election is held on the first Tuesday in April in an even numbered year. In all cities now organized and acting as cities of the second class, the members of the municipal assembly as now constituted shall act as one body and constitute the common council, until the city election to be held in the year 1904, at which election there shall be elected such number of councilmen as shall in addition to thQ number of those whose term of office does not expire at that date shall equal the Avhole number of wards in the city, who shall hold their office for two years, and until their respective successors shall be elected and cpialified, such members to be so chosen that no tAvo shall reside in the same w^ard; at the city election in 1906 as many members shall be elected as there are wards in the city; those elected from the even numbered wards for a term of four years, and until their respective successors are elected and fpialified, and those elected from tho odd numbered wards for a term of two years and until their re- spective successors are elected and qualified, and thereafter all members 'shall be elected for a term of four years and until their respective successors shall be elected and qualified. Until said annual election in 1904 the present presiding officer of tho council as now constituted shall be president of the common coun- cil, hereby created without any extra compensation therefor. At said election to be held in such cities in the year 1904 and every four (4) years thereafter, there shall be elected by the qualified voters of the city at large, a president of the common council, who shall hold his office for the term of four years, and until his suc- cessor is elected and qualified. In each and all of the elections of couiicilmen provided for by this section the candidate residing in any Avard who shall receive a gi'eater number of votes through- out the city than any other candidate residing in such ward shall be elected : llic intention being that the candidates residing in the same ward shall be treated as opposing candidates, and the ono receiving the highest number of votes throughout the city shall ART. III. COMMON COUNCIL. 23 sit for that ward. The president so to be elected shall preside over all meetings of the common council, but shall have no vote except in cases of tie, in which ease he shall cast the deciding vote. In case of his absence or sickness the common council may elect a president pro tem., who, for the time, shall exercise all the rights and powers and perform all the duties devolving upon the president. During the absence of the mayor from the city or dis- ability on account of sickness to perform the duties of his office, such duties shall be performed by the president of the council. Such common council shall hold a meeting on the third (3rd) Monday in April in each year and thereafter on the first (1st) Monday of each and every month in the year, which meeting shall be known as the "regular monthly meeting," and the com- mon council may, on motion, by a two-thirds (2-3) vote of all the members elect, adjourn to meet at a date and hour to be named in the motion, and at such adjourned meeting all unfinished business must first be transacted. The mayor may be proclamation con- vene the common council in special session, at which no business shall be transacted, except such as may have been especially named in the proclamation of the mayor. (Laws of 1903, page 69]. (a) Sec. 2. Salary of members. — Each member of the common council and the president thereof shall be entitled to receive for his services the sum of four dollars ($4.00) per day for each day's service as a member of such common council, but shall be allowed no extra pay for serving on any committee, agency or commission whatever, and in no case shall the aggregate sum paid to any member for his services exceed the sum of two hundred dollars (.$200.00) per annum. [Laws of 1903, page 70.] Sec. 3. Qualifications of president and councilmen. — No per- son shall be eligible to serve as president or as a member of the common council until he shall have resided in the city for at least (a) Common council is a miniature general assembly, and its valid ordi- nances within the city have the force of laws passed by the legisla- ture: State ex rel. v. Walbridge, 119 Mo. 393; State ex rel. v. Brown, 57 App. 199; Forry v. Ridge, 56 App. 615; Taylor v. Carondelet, 22 Mo. 105; St. Louis v. Foster, 52 Mo. 513. Charter bears same relation to ordinances as constitution does to stat- utes: Exparte Joffee, 46 App. 360; Ruggles v. Collier, 43 Mo. 353; Quinette v. St. Louis, 76 Mo. 40^; Verdin v. St. Louis, 131 Mo. 26, per Sherwood, J. 24 CHARTER. three (3) years prior to his election, and shall have paid therein city taxes for at lefist three (3) years befor* his election, nor un- less he is at least 21 years of age, a citizen of the United States and a qualified voter of the city and not in arrears in the payment of any taxes or any other liability to such city, nor directly or in- directly interested as a partner or in any other way himself or with any other person in any contract with the city for any pub- lic work, or for furnishing any supplies for the city or its insti- tutions, or as a stockholder in any corporation which may be so interested, and upon his becoming so interested his office shall at once be forfeited. Neither the president or any member of the common council shall take his seat until he shall take and sub- scribe an oath to support the constitution of the United States and of this state, and the provisions of law governing cities of the sec- ond class, and that he will faithfully discharge the duties of his office, and that he possesses all the qualifications required, and is not subject to any of the disqualifications herein contained. If the president or any member of the common council ceases to possess any of the qualifications herein required he shall be deemed thereby to have vacated his office. [Laws of 1903, page 70]. (b) Sec. 4. Ordinances — style of — how passed. — The style of ordinances of cities of the second class shall be, "Be it ordained by the common council of the city of , as fol- lows. ' ' No ordinances shall be passed except by bill, and no bill shall be amended in its passage so as to change its original pur- pose, and no bill shall be considered for final passage unless the same has been referred to and reported upon by a committee. All bills making monthly general appropriations, tax levy and gen- eral apportionment ordinances shall be read on two different days before the bill shall be passed. All other bills shall be read once, referred to a committee, which shall report thereon, and no final vote shall be taken on the passage thereof until the expiration of at least tAventy (20) days from the time that such bill was first introduced in the common council. No bills, except general ap- propriation bills, shall contain more than one subject, which shall be clearly set forth in its title. No bill shall become an ordinance unless on its final passage a majority of all the members vote in ics (b) Qualification that member shaii have paid taxes: State ex rel. v. Macklin, 41 App. 335. ART. III. COMMON COUNCIL. 25 favor, and the vote shall be taken by yeas and nays, and the names of the members voting for and against the same shall be entered on the journal, and no bill not passed in conformity with the foregoing requirements shall be valid, but shall be absolutely void and of no legal effect whatever. [Laws of 1903, page 71]. (c) Sec. 5. Salaries of city officers, to be fixed by common coun- cil. — The common council shall at least as early as their regular monthly meeting in March next before the election or appointment of any officers, fix the salary and fees of such officers for the term of office of such officers so to be elected or appointed, which sal- ary or fee shall not be increased or diminished during the term of such officer. [Laws of 1903, page 71] . Sec. 6. City clerk to attend council meetings and keep rec- ord. — City clerk shall attend all meetings of the common coun- cil and keep a journal and a record of all proceedings thereof. [Laws of 1903, page 71]. Sec. 7. Ordinances how revised or amended. — No ordinance shall be revised or re-enacted by mere reference to the title there- of, but the same shall be set forth at full length and no ordinance shall be amended by providing that designated words thereof be stricken out, or that designated words be inserted, or that desig- nated words be stricken out and others be inserted in lieu thereof, but the ordinance or section amended shall be set forth in full as amended. [Laws of 1903, page 71]. Sec. 8. Quorum. — A majority of the members elect shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and may compel the at- tendance of the absent members in such manner and under such penalties as it may prescribe. [Laws of 1903, page 71]. Sec. 9. Power to make rules, etc. — The common council shall (c) Whether ordaining clause directory or mandatory: City of St. Louis V. Foster, 52 Mo. 513; City of Tarkio v. Coolc, 120 Mo. 8. The circuit court has no authority to entertain a suit to restrain the mu- nicipal assembly of a city from the passage of an ordinance: Al- bright V. Fisher, 164 Mo. 56, overruling State ex rel. v. Meier, 143 Mo. 439. 26 CHARTER. determine the rules for its OAvn proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds of all the members elected expel a member for malfeasance in of- fice or disoz'derly conduct, and its sessions shall be held publicly in the city hall. [Laws of 1903, page 71], Skc. 10. Journal to be kept — vote, how taken — reconsidera- tion — signature of president. — The common council shall keep a journal of its pi'oceediugs and the yeas and nays of the members on any question, shall, at the desire of any member, be taken and entered therein, giving the names of the members so voting, and the yeas and nays shall be recorded on the final passage of all ordinances, and no vote upon any matter submitted to vote shall be by secret ballot, but all votes shall be by a viva voce vote, or upon call of the yeas and nays. When a bill on a vote fails to pass and a motion is made to reconsider the vote by which it was defeated a vote upon such motion to reconsider shall immediately be taken and the subject finally disposed of before the council pro^ ceeds to any other business. No bill shall become an ordinance until the same shall have been signed by the president of the council in open session, and before such officer shall affix his sig- nature to any bill he shall suspend all other business, declare that such bill will now be read, and if no objections be made he will sign it to the end that it may be an ordinance. The bill shall then be read at length, and if no objections be made he shall, in the presence of the council, in open session, and before any other bus- iness is entertained, affix his signature thereto, which fact shall be noted on the journal, and such bill so attested shall at once be sent to the mayor for his action thereon. If any member when any bill is announced for signature shall object, that any omission, substitution or insertion has been made in. said bill since it was voted upon by the council, such objection shall be passed upon by the council, and if sustained by the president shall withhold his signature therefrom. [Law^s 1903, page 71]. i^Kc. 11. Officers and members not to hold any state or city ofiice, or be employed by city during term. — No officer or member of the council shall, during the term for which he is elected, hold any office, under the state or city, or shall any member be era- ployed by the city in any other capacity whatever., [Laws of 1903, page 72] . ART. III. COMMON COUNCIL. 27 Sec. 12. Vacancies, how filled.— All vacancies shall be filled by election by the people, provided if any vacancy occurs within six months prior to the annual city election the same shall be filled by appointment by the mayor. If any member remove from the ward in which he resides when elected into any other ward, or if any member shall remove outside of the city he shall thereby va- cate his office. [Laws of 1903, page 72]. (d) Sec. 13. Bills to be presented to mayor — veto — reconsidera- tion by council, etc. — Every bill which shall have been passed by the common council and properly certified shall, before it becomes a law, be presented to the mayor for his approval. If he approves the bill he shall sign it ; if not, he shall return it within ten days to the council, stating his objections thereto. If the bill contains several items of appropriation he msiy approve any of them and object to any other of the items, and in such case he shall append to the ordinance at the time of signing it a statement of the items to which he objects, and the appropriation so objected to shall not take efi:'ect. He shall transmit to the council a copy of such state- ment, and the items objected to shall be separately considered. Every bill presented to the mayor, but returned without his ap- proval and with his objections thereto shall stand as reconsidered, and the objections of the mayor shall be entered at large upon the journal, and the question shall then be put (shall the bill pass, the objections of the mayor thereto notwithstanding?) the vote on this question shall be taken by yeas and nays and the names shall be entered upon the journal, and if two-thirds of all the members elected to the common council voting the affirmative, the president shall certify that fact on the bill, attesting the same by his signature, and every bill so passed shall become an ordinance in the same manner and with like effect as if it had been ap- proved by the mayor, and if the mayor does not deposit with the clerk of the council any bill which may have been presented to him for his action within ten days after such biU has been pre- sented to him it shall become an ordinance with the same effect as if the mayor had approved and signed it. [Laws of 1903, page 72]. Sec. 11. President of council to exercise duties of mayor and (d) What constitutes removal from ward or city: State ex rel. v. Dayton, 77 Mo. 678; State ex rel v. Banta, 75 App. 32. 28 CHARTER. receive compensation of, when. — The president of the common council shall exercise the duties and receive the compensation of the mayor whenever and so long as from any cause the mayor shall be absent from the city, or from any cause the office of the mayor shall become vacant, and during such time the mayor shall not be paid any salary. [Law of 1903, page 73]. Sec. 15. Attendance of witnesses. — The council shall have power to compel the attendance of witnesses, and the production of papers relating to any subject under consideration, and in which the interest of the city is involved ; and shall have power to call upon the proper officers of the city or county in which such city is located, to execute such process. The president of the council and the chairman of every committee thereof shall have power to administer oaths. [R. S. 1899, Sec. 5509]. ART. IV. POWERS OF MAYOR AND COUNCIL. 29 ARTICLE IV. GENERAL POWERS OF MAYOR AND COMMON COUNCIL. Section 1. Power and duties of the mayor and council. 2. Cities may provide for inspec- tion of animals intended for food. 3. Cities shall have power to regu- late milk dairies, etc. 4. Gravel and macadamized pub- lic roads, cities may con- struct, etc. 5. Municipal authorities of towns, etc., may work roads, etc. 6. May prohibit sale of cigarettes, and cigarette wrappers to minors. Section 7. May etc. 10. 11. 12. 13. work prisoners on street, No authority to tax professions. City cannot impose license tax, etc., unless power be con- ferred by statute. Produce cannot be taxed by city, when. Appropriations, when made, etc. Limit on appropriations. Tax for sinking fund. Section 1. Power and duties of the mayor and council. — The mayor and common council shall have power within the city, by ordinance, not inconsistent with the constitution or any law of this state, or of this article: (a) I. To prevent obstructions in rivers, etc. — To remove and prevent all obstructions in the rivers within such city, and to widen, straighten or deepen the same ; to improve and preserve the navigation thereof, and to erect, repair and regulate wharves and docks, and regulate the rates of wharfage within the limits of the city. II. May levy taxes — may borrow money, when. — To assess, levy and collect all taxes for general and special purposes on all real and personal property and licenses, and, when the revenues (a) Municipal corporations can exercise only such powers as are (1) ex- pressly granted, (2) necessarily or fairly implied, (3) essential to its declared objects and purposes: Nevada to use v. Eddy, 123 Mo. 546; St. Louis v. Bell Telephone Co., 96 Mo. 623; St. Louis v. Laughlin, 49 Mo. 562; Water Company v. City of Aurora, 129 Mo. 540. Powers conferred by this section must be exercised "by ordinance:" Trenton v. Coyle, 107 Mo. 193; Bichenlaub v. City of St. Joseph, 113 Mo. 402; Saxton v. City of St. Joseph, 60 Mo. 153; Thompson v. City of Boonville, 61 Mo. 282; Hisey v. City of Charleston, 62 App. 381; Westport V. Mastin, 62 App. 647. 30 CHARTER. of the city at the beginning of any fiscal year, collected and in the treasury unappropriated, shall not be sufficient to defray the ordinary expenses of the city government until the revenues can be collected, as provided by law, for such year, to borrow, within the first thirty days of such year, any sum or sums not exceeding in the aggregate twenty-five per centum of the revenue provided for the current fiscal year for a period not exceeding ninety days at a rate of interest not exceeding eight per centum per annum, for which loan or loans the obligations of the city shall be given in such manner as shall be prescribed by ordinance ; and said loan or loans shall be repaid out of the first revenues collected upon the tax levy for such fiscal year, and until so repaid, and a written cer- tificate of that fact shall have been filed by the comptroller with the city clerk no city warrant or warrants, except for the dis- bursement of the money so borrowed, and except for the payment of said loan or loans and interest on the bonded debt of the city shall be issued for any purpose whatever ; and if any warrant or warrants are issued in violation hereof they shall be void, and any warrant drawn in violation hereof shall render the official who shall have drawn or signed the same, and the treasurer who shall have paid the same, each liable, personally and upon his official bond, for the full amount of such warrants ; the money so bor- rowed shall be deposited in the treasury and be appropriated and disbursed for the ordinary and necessary expenses of the city government, and for no other purpose whatsoever: Provided, that in estimating the income and revenue of the city for the pur- pose of limiting such loan, the same shall be ascertained from the city assessment for the previous fiscal year: Provided, further, bonds may be issued as provided in the constitution in the renewal of outstanding bonds when for want of funds the city is unable to pay such outstanding bonds. III. Limitation of taxation. — To levy and collect a general tax of not exceeding one per centum for each fiscal year upon all property in the city liable to taxation for state purposes, and not by general law exempt from municipal taxation. The fiscal year shall commence on the third Monday in April of each year. IV. Poll tax. — To levy and collect a poll tax, not exceeding one dollar and fifty cents for every year, and upon all male per- sons, residents of the city, over the age of twenty-one years and ART. IV. POWERS OF MAYOR AND COUNCIL. 3 1 under sixty, which tax shall be appropriated to the improvement of the streets within the limits of the city, and to no other pur- pose. All residents of the city shall be exempt from working on public roads or highways beyond the city limits, nor shall they be compelled to pay any tax for keeping the same in repair, (b) V. Tax for payment of bonds. — The mayor and common council shall, also, each fiscal year, by ordinance, levy and cause to be collected a tax upon real and personal property, taxable by lav/ for state purposes, within said city, and not by general law exempt from municipal taxation, sufficient for the payment of the amount which may be certified to them by the comptroller, to be raised by taxation for the payment of bonds and coupons matur- ing during the fiscal year. VI. To appropriate money, etc. — To appropriate money and to provide for the payment of the debts and expenses of the city. VII. Power as to franchises, etc. — To regulate and control the use of all rights, franchises and privileges granted by it, and is prohibited from releasing or surrendering such power. VIII. To establish streets, etc. — To establish, open, vacate, alter, widen, extend, pave or otherwise improve, and sprinkle all streets, avenues, sidewalks, alleys, wharves and public grounds and squares, and provide for the payment of the costs and ex- penses thereof in the manner in this article prescribed ; and also to provide for grading, lighting, cleaning and repairing the same, and to condemn private property for public uses, as provided for in this article; to establish and maintain water works for fully supplying the city with wholesome water, and to distribute the same for public and private uses in such manner and upon such such terms as shall be provided by ordinance; to establish and maintain a sanitary system and a fire department. IX. To erect city hall, workhouses, etc. — To erect, purchase or rent a city hall, workhouses, houses of correction, poor houses, (b) A requirement for the levy of a poll tax on every male resident^ of legal age but exempting persons voting at a general election discrim- inates between subjects of legislation in the same class, and is there- fore in violation of article X, section 3, of the constitution: Kansas City V. Whipple, 136 Mo. 475. 32 CHARTER. insane asylums, engine houses, and all other necessary municipal buildings ; sell, lease, abolish or otherwise dispose of the same, and to inclose, improve, regulate or sell all parks and other public grounds belonging to the city. X. Ordinances to secure health, etc. — The mayor and com- mon council shall have power to make regulations, by ordinance, to secure the general health of the inhabitants of the city by any measure to regulate, suppress or abate, within the limits of the city, slaughter horuses, slaughtering animals, soap factories, stock yards, pig pens, cow stables and dairies, coal oil and vitriol fac- tories, and to remove the same ; and to regulate or prevent the car- rying on of any business which may be dangerous or detrimental to the public health, or the manufacture or vending of articles ob- noxious to the health of the inhabitants ; to define what shall be deemed nuisances, to prevent, abate and remove nuisances on pub- lic or private property in a summary manner at the cost of the occupant or owner of the premises where the nuisance or cause thereof may be : Provided, that the same was caused by the occu- pant or owner of the premises or his or their agent, and all cost and expenses incurred by the city in removing or abating any nuisance on any private property within the city limits shall be assessed against the occupant or owner, if caused by them or either of them or their agent, and the same shall be assessed as a special tax bill against such private property, which shall be a special lien against such property in same manner and with same effect that special tax bills are for paving, etc. ; provided, how- ever, that same is caused by the owner of the property or his con- sent is given thereto, and may punish any person or persons who create, maintain or refuse to abate a nuisance by fine and impris- onment; and to create a board of health, to consist of three mem- bers, who shall hold office for one year, and perform such duties and have such powers as may be prescribed by ordinance ; such board may be composed of members of common council, same as committees of council ; to make regulations to prevent the intro- duftior of contagious diseases into the city; to make quarantine laws for that purpose, and to enforce them within the city and within two miles thereof; to prevent, abate and remove nuisances within one mile of the city limits, (c) (c) The police power of the state which it possesses for the protection of the lives, limbs, health, comfort and quiet of all persons, and the ART. IV. POWERS OF MAYOR AND COUNCIL. 33 XI. To provide water, etc.— To provide the city with water ; to make, regulate and establish public avcUs, pumps and cisterns, hydrants and reservoirs, in or under the streets within the city, or beyond the limits thereof, for the extinguishment of fires and the convenience of the inhabitants, and to prevent unnecessary waste of water. XII. Exclusive control of streets, etc. — To have exclusive control and power over the streets, sidewalks, alleys, landings, public grounds and highways of the city; to open, alter, Aviden, extend, establish, grade, pave or otherwise improve, clean and keep in repair the same ; to prevent and remove all encroach- ments thereon or obstructions thereof; to put drains and sewers in the same, and to regulate the building of vaults under side- walks, (d) XIII. To erect bridges, etc. — To establish, erect and keep in repair bridges, culverts and sewers, and to regulate the use of the same ; to establish, alter and change the channel of water courses, and to wall them up and cover them over. protection of all property, within the state, may be delegated to a municipal corporation, and need not be given in express terms: Jackson v. Kansas City, Fort Scott & Memphis R. Co., 157 Mo. 621. (d) A municipality, having power over its streets must exercise it for the general public and cannot grant a railway, etc., such use of a street as will destroy its public usefulness: Burnes v. City of St. Joseph, 91 App. 489; Julia Bldg. Ass'n. v. Bell Tel Co., 88 Mo. 495; Lockwood V. Wabash Ry. Co., 122 Mo. 86; Sherlock v. K. C. Belt Ry. Co., 142 Mo. 172; State ex rel. v. St. Louis, 161 Mo. 371. City required to keep the whole of its sidewalks in a reasonably safe condition for travel: Coins v. Moberly, 127 Mo. 116; State ex rel. v. County Court, 142 Mo. 583. City not bound to improve streets and alleys before needed for public use nor to keep them safe before they are used by the public: Hun- ter V. Weston, 111 Mo. 176; Kossman v. St. Louis, 153 Mo. 293; Fock- ler V. Kansas City, 94 App. 464. Jurisdiction over streets must be exercised by ordinance: Stewart v. City of Clinton, 79 Mo. 603. Cannot lawfully accumulate surface water in drains and discharge upon adjacent lands: Rychlicki v. St. Louis, 98 Mo. 497; Paddock v. Somes, 102 Mo. 238; Carson v. City of Springfield, 53 App. 294; Cannon v. City of St. Joseph, 67 App. 367. Liability for neglect to keep sewer in repair: Woods v. Kansas City, 58 App. 272; Fuchs v. St. Louis, 167 Mo. 620. Liability for snow and ice accumulated on sidewalk: Waters v. Kansas City, 94 App. 413; Reedy v. St. Louis Brewing Ass'n., 161 Mo. 523; Reno V. City of St. Joseph, 169 Mo. 642. 3 34 CHARTER. XIV. May regulate lighting- streets, etc. — To provide for the lighting of the streets, parlvs, public phiees and city buildings within and of the city, and for the erecting of all lamps, posts or other fixtures necessary therefor, and to regulate, by ordinance, the price, quality and lighting power of each lamp or light fur- nished to the city, or the inhabitants thereof, by any corporation, person or persons. XV. Market houses, etc. — To provide for the erection of market houses and all needful buildings for the use of the city; to provide for the government and regulation of markets, market places and meat shops, and the amount of license to be paid therefor. XVI. Hospitals, etc. — To establish, erect and maintain hos- pitals and make regulations for the government thereof. XVII. To license, tax and regulate, etc. — To license, tax and regulate undertakers, auctioneers, merchants, grocers, retailers, second-hand dealers, junk-dealers, hotels, boarding houses, tene- ment houses, oifice buildings, public buildings, public halls, pub- lic grounds, concerts, photographists, artists, agents, porters, run- ners, drummers, public lecturers, public meetings and shows, real estate agents and brokers, financial agents and brokers, horse and cattle dealers, patent right dealers, inspectors and gangers, stock yard proprietors, examiners of titles, conveyancers, abstracters, mercantile agents, insurance companies and insurance agents, bankers, banking or other corporations or institutions, telegraph companies or corporations, street railroad cars, livery and sale sta- bles, hackney carriages, private carriages, barouches, buggies, wagons, omnibuses, carts, drays and other vehicles, and all other businesses, trades and avocations whatever; to fix the rates for carriage of persons, and of wagonage, drayage and cartage of Necessary to show either that city had actual notice of defect or lapse of sufficient time after the defect happens for notice to be pre- sumed: Francke v. St. Louis, 110 Mo. 51G; Maws v. Citv of Spring- field, 101 Mo. G13; Atchison, T. & S. Ry. Co. v. Kavanaugh, 163 Mo. 54; Reno v. City of St. Joseph, 169 Mo. 642. Not liable for hidden defects in streets and sidewalks unless actual knowl- edge thereof is shown: Buckley v. Kansas City, 150 Mo. 10. City liable for slippery condition of sidewalk caused by accumulation of mud thereon: Milledge v. Kansas City, 100 App. 490; Strange v. City of St. Joseph, 87 S. W. Rep. 2. ART. IV. POWERS OF MAYOR AND COUNCIL. 35 property, and to regulate the width of tires of all vehicles for heavy transportation ; to license, regulate, tax or suppress ordina- ries, hawkers, peddlers, pawnbrokers, brokers, money changers, intelligence offices, public masquerade balls, street exhibitions, dance houses, fortune tellers, pistol galleries, lottery ticket dealers, corn doctors, private and venereal hospitals, museums, and menag" eries, equestrian performances, horoscopic views, lungtesters, mus- cle developers, magnifying glasses, billiard tables or any other ta- bles or instruments used for amusement ; circuses, operatic, theatri" cal and other exhibitions, shows and amusements, saloons, tippling houses, dramshops and gift enterprises ; and to suppress prize fights, coon fights, dog fights, chicken cock fights, gaming or gam- bling houses, and to suppress bawdy and disorderly houses, houses of ill-fame and assignation, to provide for and enforce the regis- tration of births, marriages or deaths ; to license, tax, regulate or suppress all occupations and trades not heretofore enumerated, of whatever name or character, not nerein excluded, (e) XVIII. To license haclonen, etc. — To license, tax and regu- late hackmen, draymen, omnibuses and abstracters of titles, and to license and restrain runners for steamboats, cars, stages and public houses. XIX. To regulate ferries. — To have exclusive power to license ferries and to regulate the same, and the landing thereof within the limits of the city. XX. To authorize issue of licenses, etc. — To authorize the proper officers of the city to grant and issue licenses, and to direct the manner of issuing and regulating the same, and the fees and charges to be paid therefor. No license shall be granted for (e) The words "to license" may imply the power to tax; but see: St. iwharles v. Eisner, 155 Mo. 671. A city cannot impose upon a principal indirectly, by requiring an agent to take out a license tax which it could not lawfully impose upon the principal directly: Independence v. Cleveland, 167 Mo. 384. A municipal corporation cannot by definition of terms in an ordinance, enlarge its powers; and the meaning of the terms "wholesale dealer" and "manufacturer" will remain a question for the courts: Kansas City V. Butt, 88 App, 237; Kansas City v. Ferd Heim Brewing Com- pany, 98 App. 590. Rule of Ejusdem generis in construction of concluding clause: St. Louis V. Herthel, 88 Mo. 128; St. Joseph v. Porter, 29 App. 605; St. Louis v Bowler, 94 Mo. 630; St. Joseph v. Lung, 93 App. 626. 36 CHARTER. more than one year, and not less than two dollars and fifty cents shall be charged for any license under this article, except that licenses for wagons, carriages, bicycles and other vehicles may be issued for not less than one dollar, and the fees for issuing the same shall not exceed one dollar; but no license for the sale of wines or other liquors, ardent, vinous or spirituous, at retail, shall be issued for less than seven hundred and fifty dollars per an- num ; the sum provided by law shall be for state, forty-eight per cent for county, and the remainder for municipal purposes. XXI. To regulate dramshops. — To have exclusive power to restrain, regulate, license, tax or suppress dramshops. All crim- inal courts shall have original and concurrent jurisdiction for the trial of offenses arising out of any violation of the laws in relation to dramshops. XXII. To regulate inspection of meats, etc. — To regulate the inspection and vending of flesh, meats, poultry and vegetables, of butter, lard and other provisions, and the place and manner of selling fish and inspecting the same. XXIII. To cause weights and measures to be tested and sealed. — To require all traders or dealers in merchandise or prop- erty of any description which is sold by measure or weight, and all common carriers using weights and measures, to cause their weights or measures to be tested and sealed by the proper officer, and to be subject to his inspection. The standard of such weights and measures shall conform to those established by law. (f) XXIV. To provide for measuring wood, etc. — To regulate and provide for inspecting and measuring of fire wood, lumber, shingles, timber, posts, staves, headings and all kinds of building materials, and for measuring all kinds of mechanical work, and to appoint one or more measurers and inspectors therefor, and to make provisions for the inspection of steam boilers, and all steam heating apparatus, and to license engineers using steam boilers in said city. (f) An ordinance regulating weights, an exercise of police power: City of Lamar v. Weidman, .57 App. 507. An ordinance may require coal dealers to furnish customers official certi- ficate of weight, and may charge a reasonable fee for such certifi- cate: Coal Co. V. ^t. Louis, 130 Mo. 323. ART. IV. POWERS OF MAYOR AND COUNCIL. 37 XXV. To provide for weighing hay, etc.— To provide ex- clusively for the inspection and weighing of hay, lime, stonecoal, charcoal and all kinds of coal used for fuel or for heating pur- poses, and the places and the manner of weighing the same. XXVI. To regulate inspection of beef, etc. — To regulate tne inspection of beef, pork, flour, meal and other povisions, whiskey and other liquors to be sold in barrels, hogsheads, and other ves- sels or packages; to appoint weighers, gaugers and inspectors, and to prescribe their duties and regulate their fees : Provided, that nothing herein shall be so construed as to require the inspec- tion of any articles enumerated herein which are to be shipped be- yond the limits of this state, except at the request of the owner thereof or his agent. XXVII. To regulate quality of bread, etc. — To regulate the weight and quality of bread to be sold or used in the city. XXVIII. To suppress riot, etc. — To prevent and suppress any riot, rout, affray, noise, disturbance or disorderly assemblages in any public or private place within the city. XXIX. To suppress horse racing, etc. — To prevent, prohibit and suppress horse racing, immoderate riding or driving within the streets, and to authorize persons immoderately riding or driv- ing as aforesaid to be stopped by any person ; to prohibit and punish the abuse of animals; to compel persons to fasten their animals attached to vehicles while standing in the streets. XXX. To punish vagrants, etc. — To restrain and punish vagrants, mendicants, street beggars and prostitutes, and to de- fine who shall be considered and treated as vagrants. XXXI. To prohibit animals from running at large.— To pro- hibit the running at large of cattle, hogs and other animals, and to authorize the impounding and sale of the same for running at large contrary to ordinance. XXXII. To prohibit dogs from running at large.— To tax, regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordinance, and to impose penalties on the owners or keepers thereof. tli'inC'irz 38 CHARTER. XXXIII. To prohibit annoyances on streets. — To prohibit the rolling of hoops, ilying of kites, or any amusemeut or practice tending to annoy persons passing on the streets or sidewalks, or to frighten horses or teams ; to restrain and prohibit the ringing of bells, blowing of horns or bugles, crying of goods, and all other noises, performances and practices tending to the collection of persons on the streets and sidewalks, by auctioneers and others, for the purpose of business, amusemeut or otherwise. XXXIV. Taking enumeration. — To provide for taking an enumeration of the inhabitants of the city. XXXV. To establish workhouses, etc. — To erect and estab- lish a workhouse or house of correction, make all necessary regu- lations therefor, and appoint all necessary keepers or assistants ; in such workhouse or house of correction may be confined all va- grants, stragglers, idlers and disorderly persons who may be com- mitted thereto by the proper officer ; and all persons sentenced by the police court in such city for any offense cognizable by said court, and any person who sh:ill fail or neglect to pay any fine or penalt}' or cost imposed for any misdemeanor or breach of any ordinance of the city may be kept therein subject to labor on the streets or other places of confinement, (g) XXXVI. To control laying railroad tracks, etc. — To direct and control the laying and construction of railroad tracks, bridges, turnouts and switches in the streets and alleys, and the location of depot grounds within the city; to require that said railroad tracks, bridges, turnouts and switches shall be so con- structed and laid as to interfere as little as possible with ordinary travel and the use of the streets and alleys, and that sufficient space shall be left on either side of the said tracks for the safe and convenient passage of teams and persons; to require the railroad companies to keep in repair the streets or alleys through which their tracks may run, and to light the same ; to construct and keep in repair suitable crossings at the intersection of the streets and alleys, ditches, sewers and culverts ; to compel railroad companies to construct and maintain suitable viaducts at crossings of streets and alleys when deemed necessary for public convenience or safe- (g) City not liable for negligent act of superintendent of work house, by which prisoner is injured: Ulrich v. St. Louis, 112 Mo. 138. ART. IV. POWERS OF MAYOR AND COUNCIL. 39 ty, and to erect and maintain suitable gates at railway crossings of streets and alleys ; to direct the use and regulate the speed of locomotive engines within the limits of the city; to prohibit and restrain railroad companies from doing storage or warehouse bus- iness, or from collecting pay for storage, (h) XXXVII. General powers. — In addition to the powers spec- ially enumerated and conferred in the foregoing provisions of this section the common council shall have further power to pass, pub- lish and amend and repeal all ordinances, all rules aud police reg- ulations, not in harmony with the constitution and laws of the United States and the constitution of this state, and necessary for the good government, peace and order of the c ity and trade and commerce thereof, or that may be necessary and proper for carry- ing into effect the provisions of this article, and the powers vested thereby in the corporation or any department or office thereof; to enforce the observance of all such rules, ordinances and police regulations, and to punish violations thereof by lines, penalties and imprisonment in the city prison or workhouse, or both, in the discretion of the court before whom conviction may be had ; but no fine or penalty shall exceed five hundred dollars, nor imprison- ment to exceed six months for any violation of any ordinance of such city; and such fine and penalty may be recovered, with (h) City cannot confer on railroad company exclusive right to use of street: Railway Co. v. Railway Co., Ill Mo. 666; Grand Av. Ry. Co. V. People's Ry. Co., 132 Mo. 34; Grand Av. Ry. Co. v. Citizens' Ry. Co., 148 Mo. 672; Ruckert v. Grand Av. Ry. Co., 163 Mo. 278. Laying a railroad track on the established grade of a street under legis- lative authority and operating a steam railway thereon does not sub- ject the street to a public use different from that contemplated in the original grant: Gaus v. Railroad, 113 Mo. 308; Lockwood v. Wabash Ry. Co., 122 Mo. 97; Ruckert v. Grand Av. Ry. Co., 163 Mo. 277. But see Knapp, Stout & Co. v. Transfer Ry. Co., 126 Mo. 38; Sherlock v. K. C. Belt Ry. Co., 142 Mo. 182. Regulating speed of trains: Robertson v. Railroad, 84 Mo. 119; Bluedorn V. Mo. Pac. Ry. Co., 108 Mo. 439; Ryan v. Dunlap, 111 Mo. 610; Gra- tiot V. Mo. Pac. Ry. Co., 116 Mo. 450 The failure of a railroad company to keep a flagman at a street crossing to give danger signals, as required by ordinance, is negligence per se: Murray v. Mo. Pac. Ry. Co., 101 Mo. 236; Wendler v. People's House Furnishing Co., 165 Mo. 541. Cannot grant use of street to construct railroad for private business: Glaessner v. Anheuser-Busch Brewing Association et al., 100 Mo. 508; State ex rel. v. City of St. Louis, 161 Mo. 372. Right conferred to lay tracts on street, is to lay them on grade: and com- pany is liable to propertv owner for constructing embankments chang- ing grade: Cross v. Railroad, 7/ Mo. 318; Sherlock v. K. C. Belt Ry. Co., 142 Mo. 183; Stephenson v. Mo. Pac. Ry. Co., 68 App. 648. 40 CHARTER. costs, by suit in the name and for the use of said city before any court of competent jurisdiction, and punishment inflicted; and any person upon whom any fine or penalty is imposed shall stand committed until the payment of the same, with costs, and, on de- fault thereof, may be imprisoned in the city prison or workhouse, or may be required to work on the streets or public works of the city for such time and in such manner as may be prescribed by ordinance: Provided, nothing in this article shall be construed as interfering with or changing the metropolitan police system as now established by law in any city of the second class ; and such system shall be maintained until changed by law. (i) XXXVIII. To regulate election of oScers, etc. — To regulate the election of all elective officers, and provide for removing from office all persons holding office under the provisions of this article, where such election and removal is not otherwise provided for by this article. XXXIX. To provide for appointments, etc. — To provide for the appointment of all officers, servants and agents of the corpora- tion not otherwise provided for. XL. Fees of jurors, witnesses, etc. — To regulate the fees of all jurors, witnesses and others for services rendered under this article or under any ordinance. XLI. To cast vote of the city. — To cast the vote of the city (i) An ordinance relating to construction of buildings is exercise of police power: Eichenlaub v. St. Joseph, 113 Mo. 395; Harmon v. St. i^ouis, 137 Mo. 494. A city may pass ordinances punishmg as crimes acts also made punish- aiile by indictment under the laws of the state: State ex rel. v. Wal- bridge, 119 Mo. 383. May prohibit cruelty to animals: St. Louis v. Schoenbusch, 95 Mo. 618. May by ordinance direct the filling up of a well in the street without be- ing liable in damages to persons constructing it: Ferrenbach v. Turner, 86 Mo. 416. A city has no power to declare that to be a nuisance which is not so in fact: St. Louis v. Heitzeberg Packing Co., 141 Mo. 375. Proceedings for a violation of city ordinances are civil and not criminal in their nature: City of Cassville v. Jimerson, 75 App. 42G; Kansas City V. Dickey, 70 App. 437; City of Monette v. Beaty, 79 App. 315. The violation of a city ordinance is not a crime, since a crime is an act committed in violation of a public law: State v. Gustin, 152 Mo. 108. May compel and regulate the placing of electric wires under ground: State ex rel. v. Murphy, 130 Mo. 10. ART. IV. POWERS OP MAYOR AND COUNCIL. 41 in all elections for directors or other officers of railroads or other corporations in which said city shall be a stock holder. XLII. Regulate street railroads, etc. — To have the sole au- thority to grant the right to any person or persons, corporations or company, to make and construct street railroads in any street in said city, and to regulate and control the use thereof in the manner hereinafter provided. XLIII. To extend city limits, etc. — To extend its limits, specifying the new line or lines to which the limits shall be ex- tended, and the limits of the city, including the territory brought in. All courts shall take judicial notice of the passage and ap- proval of every such ordinance and the terms thereof, and of the territorial limits of every city of the second class. [K. S. 1899, See. 5508]. (j) Sec. 2. Cities may provide for inspection of animals in- tended for food. — All cities in this state are hereby empowered to provide by ordinance for the inspection, while living, of all ani- mals intended as human food within such cities. [R. S. 1899, Sec. 6127]. Sec. 3. Power to regulate milk dairies and sale of milk. — All cities and towns in the state shall have power, by ordinance, to license and regulate milk dairies and the sale of milk, and pro- vide for the inspection thereof. [R. S. 1899, Sec. 6165]. (k) Sec. 4. Gravel and macadamized public roads, cities may construct, etc. — The mayor and city council of any city or incor- porated town shall have the power to annually appropriate and pay out of the treasury of such city or incorporated town a sum of money not to exceed ten per cent of the annual general revenue (j) The power of extending or diminishing the limits of municipalities is a legislative power: Gibony v. Cape Girardeau, 58 Mo. 141; State ex rel. V. McReynolds et ai. 61 Mo. 203; City of Kansas v. Cook, G9 Mo. 127; Copeland v. City of St. Joseph, 126 Mo. 417. See generally on this subject Burnes v. Edgerton, 143 Mo. 563; State ex inf. v. Flem- ing, 158 Mo. 558; Kansas City v. Stegmiller, 151 Mo. 189; Vv^estport V. Kansas City, 103 Mo. 141; State ex rel. v. Ohio and Illinois Min. Land Co., 84 App. 32. If extension is invalid all attempts at municipal government therein are void ab initio: Douglas v. Kansas City, 147 Mo. 428. (k) Power to regulate dairies: St. Louis v. Fischer, 167 Mo. 654. 42 CHARTER. thereof for the purpose of constructing, building and repairing any gravel, macadamized or other graded public road and bridges thereon leading into and entering such city or incorporated town, and such appropriation shall be made by ordinance duly enacted, and the money so appropriated shall be applied under the super- vision and direction of the engineers of such city or incorporated town, and of the county in which the same is situated, who shall make due report thereof, in writing, to such mayor and city coun- cil. [R. S. 1899, Sec. 6120]. Sec. 5. Muiiicipal authorities of towns, etc., may work roads, etc. — It shall be lawful for the municipal authorities of cities, towns and villages in this state to work, grade or macadamize roads, streets and highAvays leading to and from such cities, towns or villages, in such manner as may be provided by ordinance by the proper authorities of any such city, tovv^n or village ; but this privilege shall not extend to a greater distance than five miles from the corporate limits of such city, village or town, and shall not be construed so as to allow any obstruction to or to interfere with the free use of any such road, street or highway by the pub- lie, except so far as may be necessary while working, repairing or grading such road or highway. [R. S. 1899, Sec. 9471] . Sec. 6. Cities may prohibit sale of cigarettes and cigarette wrappers to minors. — Any city, town or village in this state exist- ing by virtue of the present general law% or by any local or special law, may, by ordinance or act, prohibit the sale, within its corpo- rate limits, of cigarettes or cigarette wrappers to minors — any charter provision to the contrary notwithstanding ; and such city, town or village may provide punishment or fines for any person, persons or corporation violating any ordinance authorized by this section. [R. S. 1899, Sec. 6166]. Sec. 7. Authorizing the working of convicted prisoners. — The various cities, towns and villages in this state, whether organ- ized under special charter or under the general laws of the state, are hereby authorized and empowered to, by ordinance, cause all persons who have been convicted and sentenced by the mayor, recorder, or other court having jurisdiction, for violation of ordi- ART. IV. POWERS OF MAYOR AND COUNCIL. 43 nance of such city, town or village, whether the punishment be fine or imprisonment, or by both, to be put to work and perform labor on the public streets, highways and alleys or other public works or buildings of such city, town or village, for such purposes as such city, town or village may deem necessary. And the mar- shal, constable, street commissioner, or other proper officer of such city, town or village shall have power and be authorized and re- quired to have or cause all such prisoners as may be directed by the mayor, or other chief officer of such city, town or village, to work out the full number of days for which they may have been Bentenced at breaking rock, or at working upon such public streets, highways or alleys, or other public works or buildings of such city, town or village as may have been designated. And if the punishment is by fine, and the fine be not paid, then for every dollar of such judgment the prisoner shall work one day. And it shall be deemed a part of the judgment and sentence of the court that such prisoner may work as herein provided. [R. S. 1899, Sec. 6167]. Sec. 8. No authority to tax professions. — Hereafter no per- son following for a livelihood the profession or calling of a min- ister of the gospel, teacher, professor in a college, priest, lawyer or doctor of medicine in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, any law, ordinance or charter to the contrary notwithstanding. [R. S. 1899, Sec. 5260]. Sec. 9. Business not taxable, when. — No municipal corpora- tion in this state shall have the power to impose a license tax upon any business avocation, pursuit or calling, unless such bus- iness avocation, pursuit or calling is specially named as taxable in the charter of such municipal corporation, or unless such power be conferred by statute. [R. S. 1899, Sec. 6256]. (1) Sec. 10. Produce cannot be taxed, when. — No incorporated city, town or village in this state shall have power to levy or col- lect any tax, license or fees from any farmer, or producer or pro- ducers, for the sale of produce raised by him. her or them, when (1) Kansas City v. Lorber, 64 App. 604; Kansas City v. Crush, 151 Mo. 128. 44 CHARTER. sold from his. in r ..r iheir wagon, cart or vehicle, or from auy person or persons in the employ of such farmer or producer in any such eitv, town or village. [R. S. 1899, Sec. 6146]. .Si:c. 11. Appropriations, v.lien made, etc. — Within the first month of each lisc;il year the common council shall, as far as I)racticable, make all the necessary apportionments of the revenue to be raised for such year to the expenses of the several depart- ments, and for all public works, under proper headings, and for such other objects as may be necessary to provide for. All ordi- nances that contemplate the payment of money shall, upon their second reading, be referred to the appropriate committee, who shall obtain the indorsement thereon of the comptroller, to the effect that sufficient unappropriated means stand to the credit of the fund or revenue account therein mentioned to meet the re- quirements of said ordinance, and that the same is in the treasury, or it shall not be lawful to pass the said ordinance. [R. S. 1899, Sec. 5556]. (m) Sec. 12. Limit on appropriations. — The common council shall not appropriate money for any purpose wdiatever in excess of the revenue of that fiscal year actually collected and in the treasury at the time of such appropriation and unappropriated. Neither the common council nor any officer in the city, except the comptroller in the single instance in this article provided, shall liave authority to make any contract, or do any act binding such city, or imposing upon said city any liability to pay money until a dclinite amonnt of money shall first have been appropriated for the liquidation of all pecuniary liability of said city under said coiiti-act or in consequence of said act, and the amount of said ;ipl>rni»riation shall be the maximum limit of the liability of the city under any such contr.ict or in consequence of any such act — said contract or action to hv, ab initio, null and void as to the city for any other or further liability. Any member of the common council who .shall knowingly vote for any appropriation of money or the making of any contract in violation of this article, or any ofTiccr of the city who shall knowingly do any act to impose any liiibility to pay money contrary to the provisions of this section (no Apporlioninont not an appropriation and may be altered and revised: Slate ex rel. v. Kansas City, 58 App. 124. ART IV. POWERS OF MAYOR AND COUNCIL. 45 upon the city, any pecuniary liabilit}' in excess of the authority in this article limited, shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine of not less than one hundred nor more than one thousand dollars, or imprisonment in the county jail not less than one year, or by both such fine and imprisonment. If any financial officer of the city shall buy or sell, for the purpose of speculation, ary indebtedness of the city, or deal therein dur- ing his term of office, he shall be guilty of a misdemeanor, and upon conviction be punished by a fine of not less than one hundred nor more than one thousand dollars, or imprisonment in the county jail not less than one month nor more than one year, or by both such fine and imprisonment. [R. S. 1899, Sec. 5557]. (n) Sec. 13. Tax for sinking fund. — In any city of the second class having a bonded debt requiring an annual tax levy equal to or in excess of one-fourth of one per centum per annum, in order to pay off said debt by the time it shall fall due, the mayor and common council shall each year levy a special tax of one-fourth of one per centum upon all real and personal property taxable by law for state purposes within said city, and not by general law ex- empt from municipal taxation, for the purpose of creating a sink- ing fund for the redemption of the bonds of the city, which tax, when collected, shall be applied by the comptroller to the pur- chase of the bonds of the city upon the most advantageous terms that may be offered in response to a public advertisement, to be. made in two daily papers of the city: and in the event that the bonds of the city are not offered at par or less, in response to such advertisement, in sufficient sum to take up the whole amount of the sinking fund on hand during any year the comptroller, with the consent of the finance committee, may accept subsequently such city bonds as may be offered to the amount of such fund on hand, and at such prices as may be agreed upon : or if such bonds cannot be bought at par or less the comptroller, with the consent of said committee, may invest the fund in the bonds of the county, the state or the United States at their lowest market price. [R. S. 1899, Sec. 5558]. (n) Pryor v. Kansas City, 153 Mo. 135. 46 CHARTER. ARTICLE V BOARD OF PUBLIC WORKS. Section 1. Establishes a l)oard of public works. 2. Board, by whom appointed — term of office — qualifications salary — bond. 3. President of board. 4. Meetings of board. 5. Board shall appoint city engi- neei — tenure of office — duties — salaiy. 6. Powers and duties of board. 7. Board shall purchase all sup- plies for city. 8. Hearing of petitions for street improvements by board — ac- tion to be taken — proposals for work. Section 9. Contracts — how awarded. Special tax bills to issue. Manner of paying for public Improvements. Engineer to make out tax bills. Power of council limited. Plats of pioposed additions to be submitted to board. Board to control all expendi- tures for street repairing, etc. — shall appoint head of street cleaning department- salary. Board to submit annual report to council. Mayor ex-officio member of board. 10. 11. 12. 13. 14. 1.5. 16. 17. Sectiox 1. Establishes a board of public works. — There is hereby established in every city in this state, now or hereafter or- ganized and existing as a city of the second class, a board of public works, to consist of three members, who shall be selected for their business qualifications, and not because of their standing and in- fluence as politicians, and who shall be appointed by the mayor, comptroller and auditor of such city, which said board shall be known and designated as the board of public works of the city of [Laws of 1903, page 60]. Skc. 2. Board, by whom appointed — term of office — qualifi- cations — salary — bond. —The mayor, comptroller and auditor of sucli city shall constitute a board for the i)urpose of appointing members of the board of public works of their city, all of whom concurring may make such appointment. The first board of pub- lic works shall be appointed immediately upon the taking effect of this act, and shall hold office until the beginning of the fiscal year 1!I0.'3, and thereafter one member for one year, one member for two years and one member for three years, and thereafter the Icnn of office shall be three years. No more than two members of said board of public works shall belong to the same political ART. V. BOARD OF PUBLIC WORKS. 47 party. No member of such board of public works shall hold any other municipal office or any state, county or federal office during his membership on said board, nor shall any such member be di- rectly or indirectly interested in any contract that may be let by the board or that may come before it for consideration, nor in the sale or furnishing in any way of any materials whatever to the contractor who may enter into such contract. The members of said board shall possess all of the qualifications required by law to render a person eligible to election as mayor. The salary of said members of the board of public works shall be nine hundred dol- lars each per annum, payable monthly, as the salaries of other city officers are paid, and each member of said board, before en- tering upon his duties as such, shall take and subscribe to an oath to support the constitution of the state of Missouri, and to faith- fully discharge the duties of his office, and shall enter into bond in the sum of five thousand dollars, with some security company or with two or more individuals as securities thereof, payable to the city, and conditioned for the faithful performance of all his duties as a member of said board, which bond shall operate for the benefit of every person who may be damaged by its breach, and who may bring suit thereon in the name of the city to his use. [Laws of 1903, page 61]. Sec. 3. President of board. — There shall be a president of said board, to be elected by and from the members thereof, who shall preside at all meetings of the board and perform such duties as appertain to such position. [Laws of 1903, page 61] . Sec. 4. Meetings of board. — Such board of public works shall be provided with an office by the city, and shall meet at such office at least once each day at 10 o'clock in the forenoon, except on Sundays and public holidays, for the transaction of business. Two members of said board shall constitute a quorum. In case of the absence, inability or refusal of the president to act at any meeting of such board the members present may elect a temporary president, who shall, for the time being, possess all the power of president of said board. Said board shall keep in its office a full and complete record of all its proceedings, and such records shall at all times be open to the inspection of the public. [Laws of 1903, page 61]. 48 CHARTER. Sec. 5. Board shall appoint city engineer — tenure of office — duties — salary. — Fi'om and after the passage and approval of this act such board of public works shall appoint the city. engineer in all cities of the second class, who shall hold his office under such appointment during- the pleasure of the board, and said board shall also appoint or employ such assistants, inspectors and other employes as maj^ be necessary, who shall also hold their positions during- the pleasure of the board. Said city engineer shall, under the direction of said board, superintend the construction of all public works, make plans, specifications and estimates thereof, do all surveying- and engineering ordered by the city, and perform such other duties as may be prescribed by said board or ordinance. Said board shall fix the compensation of said engineer, but such compensation shall not exceed two hundred dollars per month. Said board shall appoint a chief clerk, who shall perform such du- ties as may be prescribed by said board. The compensation of such chief clerk shall be such as may be fixed by said board, pro- vided such compensation shall not exceed the sum of one hundred and twenty-five dollars ($125.00) per month, and the compensation of the other employes herein authorized shall be fixed by said board from time to time, but the aggregate of all the salaries and compensation of all said employes shall not exceed the appropria- tion that may be made therefor by ordinance ; and if there should be any such excess contracted for by the board of public works over the appropriation so made it shall be void and of no effect. But such fixing of sala- ries shall not operate to prevent the board of public works from discharging any employe imder it at any time it sees fit. The l)oard of public works shall also adopt general rules and regulations not inconsistent with the charter and ordinances of the city prescribing the general duties of those in its employ, but the adoption of such rules and regulations shall not prevent it fn»m re<|uii-ing of such employes the performance, from time to time, of such additional work and duties as it may see fit. The salai-ics ;ind compensation of such officer and employes shall be paid by the city as other employes of such city are paid. [Laws of 1903, page 61]. Sec. 6. Powers and duties of board.— Said board shall super- vise the grading and paving of all streets, avenues, alleys and public ground, the cleaning, sprinkling, repairing, flushing, wash- ART. V. BOARD OF PUBLIC WORKS. 49 ing and improving of all streets, avenues, alleys and public places, except public parks ; the construction, altering and repairing of all bridges, culverts, inlets, manholes, sewers, drains and water courses within said city, and the flushing thereof when necessary ; the laying of all gas, steam and water pipes and all conduits, to- gether with all service connections and appurtenances thereto be- longing; the issuing of permits for connecting with any gas, water, steam or sewer pipes or conduits; the laying and repair- ing of all sidewalks, cross walks, curbing and guttering ; the con- struction of all vaults and area ways under or in any portion of said streets and sidewalks ; the location and regulation of all tele- graph, telephone, fire alarm, messenger, street railway, electric light and power poles, wires, conduits and appliances; the con- struction and repairing of all city buildings, engine houses, water- works, gas and light plants, and all other public buildings of said city, except public libraries : and hereafter no permit for entering upon, disturbing or occupying for any purpose whatever the streets, alleys or public grounds of any such city shall be issued except by the board of public works hereby created. [Laws of 1903, page 62. Sec. 7. Board shall purchase all supplies for city.— Said board shall also have charge of and purchase all supplies and ma- terials needed for the city in its several departments, under such rules and regulations as may be prescribed by said board, but not in excess of the amount that may be appropriated therefor by ordi- nance. [Laws of 1903, page 62] . Sec. 8. Hearing of petitions for street improvements by board — action to be taken — proposals for work. — From and after the passage and approval of this act all petitions for paving, grad- ing or repairing, regrading or reconstructing any street, alley, av- enue or public way of the character contemplated in section 6 hereof shall be addressed and presented to said board of public works, and said board shall speedily hear and determine all such applications or petitions. The board, of its own motion, if ap- proved by all of its members, may, and upon presentation of a pe- tition signed by the majority in front feet of the resident real es- tate owners, required by law, shall prepare an ordinance for the improvements therein contemplated, and submit such ordinance, together with a copy of the petition for such improvements, if 50 CHARTER. there be a peiiliui], lugether with all objections thereto that may. have been hied with the board, and accompanied with such recom- mendations as it may desire to make to the common council, and also transmit to the common council, with the proposed ordinance for any improvements, the full plans and estimates of the cost of the improvement contemplated, provided that before said board shall, on its own motion, or on the petition of others, Submit an or- dinance for the making of such improvements it shall, by an ad- vertisement in the official paper of the city, published for five days, notify all persons interested of the time and place, when and where the said board will hear objections to such proposed ordi- nance, at which time and place the board shall attend and hear and pass upon all objections that may be presented. And if the board shall overrule such objections then the matter shall be con- tinued for fifteen days, and within that time the owners of a ma- jority of front feet abutting on the part of such highway or public place sought to be improved and owned by residents of said city, shall have the right to select, in writing, any material they may desire to be used in making said improvement, and such selections only shall be embraced in the ordinance which the board may recommend, and no ordinance specifying any material other than that so selected shall have any validity, provided that the material so selected shall be reasonably available. If no such election shall be made by the property owners, then the board may recom- mend and the city council pass an ordinance for doing the work with anj^ desired material. If the common council shall pass such ordinance by a two-thirds majority of all its members-elect, if supported alone by the recommendation of the board of public works, or by a majority of the members-elect, if supported by a petition of the majority in front feet of the real estate owners, as required by law, such majorities, respectively, being necessary for the adoption of such ordinance, and if the same shall be approved by the mayor, it shall then be the duty of the board of public works, M'hether the improvement is to be paid for by the city or by the issuing of special tax bills, to advertise for proposals for do- int,' the work according to the plans and specifications, which shall be kept on file in the office of said board, and be open at all times to public inspection. Advertisements for doing of such work shall state the character and extent of the improvement con- templated, and shall be published in the paper doing the city printing for not less than five days nor more than ten days. All ART. V. BOARD OP PUBLIC WORKS. 51 •proposals for the doing of such work shall be sealed, directed to said board and accompanied by a certitied check, payable to the treasurer of said city, in such sum as may be named by said board in the advertisement for bids, and conditioned that in case the contract for the improvement for which the bid is made shall be awarded to such person, and such bidder fails to enter into the contract for doing said work within the time fixed, then the sum named in said check shall be forfeited to said city. All proposals shall be opened at the time and place mentioned in the advertise- ment : Provided, the property owners upon any street owning all of the property abutting upon one or more blocks thereof may have the privilege at any time before an ordinance is placed be- fore the common council therefor of causing said street for the length of one or more blocks to be curbed, guttered, paved, repair- ed, or macadamized, and the sidewalks along the same to be con- structed by private contract ; said work to be done according to specifications approved by said board and the construction thereof to be under the supervision of the same. [Laws of 1903, page 63]. (a) Sec. 9. Contracts, how awarded. — All contracts relating to any of the improvements herein contemplated shall be made by said board, and shall be awarded to the lowest and best bidder, but such board shall have, at all times, the power to reject any and all bids. Originals of all contracts entered into by the board of public works shall be filed with the comptroller, one copy retained by the board and one delivered to the contractor. No contract shall be entered into until the contractor shall have entered into a bond, payable to such city, with one or more good and sufficient (a) The ordinance specifying the materials of which and the manner in which public work is to be done must be reasonably specific, but if there be a substantial compliance with the provisions of the charter courts would not be authorized to invalidate the action of the city because the ordinance is loose and general in its terms: Sheehan v. Gleeson, 46 Mo. 100; Stewart v. City of Clinton, 79 Mo. 610; Asphalt Paving Co. v. Ullman, 137 Mo. 570. An ordinance for letting public work may properly refer for details to specifications on file in the city engineer's office: Asphalt Paving Co. V. Ullman, 137 Mo. 571. The board of public works is as mucn the agent of the property owner as of the city: and it must see to it that neither the owner nor the city is wronged by t'le estimates for public work, or by the letting and the contract: Barber Asphalt Paving Co. v. Hezel, 76 App. 135. As to power of board over streets generally see State ex rel. v. St. Louis, IGl Mo. 371. 52 CHARTER. securities, to be approved by the comptroller, conditioned that such contractor shall faithfully perform the work called for and complete the same in all respects according to the plans and speci- fications therefor, and that such contractor shall pay for all labor and all material purchased and used in the making of said im- provements. In letting the contracts the board shall reserve the right to decide all questions as to the proper performance of the work and the meaning of contracts, and in case of improper con- struction may suspend the work and relet the same, or order the entire reconstruction of such work, or may relet to another con- tractor, as may be deemed best by the board. In case of the sus- pension of any public work the board may, when the urgency of the case and the interests of the city require it, employ workmen to perform or complete any improvements ordered by ordinance, provided that the costs and expenses thereof shall in no case ex- ceed the amount appropriated to do such work, and the same shall be deducted from the price to be paid the contractor. The com- mon council shall not give its consent by ordinance, resolution or otherwise more than twice for any extension of the time for the completion of the work under any contract for street improve- ment, nor for a longer period than four months each time, and not then, unless the contractor, together with the securities on his bond, shall first file with the comptroller their written requests for such extension, and consenting for each extension asked for that the contract price for the whole work covered by the con- tract shall be reduced five per cent, and if such extension is granted it shall operate as a reduction of the contract price for the whole work in conformity with the consent so given. Every ordinance for public improvements of any kind to be let to the lowest and best bidder shall fix the time within which such work shall be completed after the contract therefor shall be awarded. Nor shall any extension for the completion of a contract for public improvements be granted after the expiration of the time named in the ordinance authorizing the work, except that where a first extension is made before the expiration of the time for complet- ing the original contract a second extension may be granted be- fore the first extension expires — all upon the terms and condi- tions in this section provided. [Laws of 1903, page 64]. Skc. 10. Special tax bills to issue.— The board of public works shall provide for the issue of all special tax bills against ART. V. BOARD OF PUBLIC WORKS. 53 property owners, cliargealDle with special tax bills for work per- formed, which said tax bills shall be authenticated and certified to by the city engineer. When surveys and estimates are required to be made by the city engineer they shall be made and turned over to the board of public works. The city assessor shall also make his return of the assessed valuation of property to pay for the grading of any street, avenue, alley or other highway to said board. [Laws of 1903, page 64]. Sec. 11. Manner of paying for public improvements. — The manner of paying for all public improvements shall be the same as is now provided by law for cities of the second class, provided that all special tax bills issued under the provisions of this law shall show on their face the total amount of the work done, the total cost thereof, and the amount charged against each tract or parcel of real property. [Laws of 1903, page 65]. Sec. 12. Engineer to make out tax bills. — All special tax bills for worK contemplated by this act and the laws governing cities of the second class shall be made out by the said city engi- neer, and shall be signed by him, and by him registered in the office of said board of public works in full, and shall be by him cer- tified and delivered to the party in whose favor they are issued, and his receipt taken in full of all claims against the city on ac- count of such work. Except as otherwise provided in this act such special tax bills shall be, in all things, subject to the general laws governing cities of the second class. Each special tax bill, except where a less rate is provided in the ordinances ordering the work done, shall bear interest from thirty days after its date at the rate of six per cent per annum, and it shall be the duty of the owner thereof, if said bill be due upon its issue, to post for the last fifteen days before the expiration of snd thirty days, or, if it be due in the future, to post for fifteen days before its maturity, in the office of the board of public works, in such form and manner as it may by general regulation prescribe, a notice of some place in said city and of some person or corporation engaged in business thereat, where and to whom said bill may be paid, and if the owner shall fail to post such notice or shall fail to have the bill at the place and in charge of the party named therein with authority to receive the money due thereon and to cancel the same as pre- scribed in such notice, the interest thereon shall stop and shall 54 CHARTER. not start agaiu to run unless and until the owner thereof shall present the same for payment to the party liable therefor; but such owner shall not be required to keep such bill on deposit for payment at the place named in such notice for more than thirty days from the date when such notice is required hereby to be posted up, and any such failure on the part of the holder of said bill shall, in addition to stopping the running of interest thereon, prevent any other tax bill of the same series from falling due in advance of the time fixed therein for its ultimate payment. [Laws of 1903, page 65]. (b) Sec. 13. Power of council limited. — The common council in cities of the second class shall have no poAver to pass any ordinance authorizing or providing for, nor to approve any contract for the grading, regrading, paving, repaving or reconstructing of any street, avenue, alley or public ground; the cleaning, sprinkling, repairing, flushing, washing, or improving of any street, avenue, alley or public place, except public parks ; the construction, alter- ing or repairing of any bridge, culvert, inlet, manhole, sewer, drain or water course ; the laying of any gas, steam or water pipes, or any conduit, or any connection or appurtenance thereto ; the laying or repairing of any sidewalk, crosswalk, curbing or gut- tering; the construction of any vault under or area way in any street or sidewalk; the location or regulation of any telegraph, telephone, fire alarm or messenger poles, or the wires, conduits or appliances used in connection therewith; the construction or re- pairing of any city building, engine house, water works, gas or light plant, or any other city building except libraries, unless the ordinance authorizing the same shall have been first recom- mended by said board of public works. Nor shall the board of public works have any power to recommend, or the common coun- cil to pass any ordinance for repairing, repaving or reconstructing any street, alley, sidewalk or other public place, or any part thereof which has been theretofore paved or macadamized at the expense of the property specially chargeable therewith, to be paid for in whole or in part by the issue of special tax bills, with any material other than such as was used in the former improvement (b) Where a city issues special tax bills in favor of a contractor and against property which, under the law cannot be charged with the cost of the work, no recovery can be had against the city for the amount of the bills in a suit brought at the instance of the contractor: Thornton v. City of Clinton, 148 Mo. 648. ART. V. BOARD OF PUBLIC WORKS. 55 thereof, except upon petition in writing therefor of resident own- ers owning a majority of the front feet fronting or abutting on such street, alley, sidewalk, avenue or other public place legally chargeable therewith within the limits proposed to be so im- proved. [Laws of 1903, page 65]. Sec. 14. Plats of proposed additions to be submitted to the board. — No plat of land as an addition to said city or for the sub- division of any lot, block or other sub-division of land of which plats have never been filed shall be filed for record unless such plat shall have been submitted to said board of public works, and the approval of such board is endorsed thereon before the same shall be presented for approval of the common council. [Laws of 1903, page 66]. Sec. 15. Board to control all expenditures for street repair- ing, etc. — shall appoint head of street cleaning department — sal- ary. — All moneys appropriated by the common council for repairs and improvements or for street cleaning purposes shall be ex- pended under the direction and subject to the approval of the board of public works, and such board shall appoint some suitable person, who shall have charge of the street cleaning department in such city, who shall receive such compensation as may be fixed by said board, not exceeding ninety ($90.00) dollars per month, and who shall hold such position during the pleasure of said board, and such board shall employ such labor as may be necessary in the street cleaning department, provided the expense for this purpose in any one month shall not exceed the appropriation made there- for, provided that the common council may, by ordinance, au- thorize the board of public works to expend, by contract, the moneys appropriated for cleaning and flushing the streets of said city, or such parts thereof as it may desire cleaned and flushed. [Laws of 1903, page 66] . Sec. 16. Board to submit annual report to council. — The board of public works shall, on the third Monday of April in each year, submit to the common council, through the comptroller, a report and statement in detail, showing the work of the previous year, on what account and how paid for, and shall also render a statement showing the estimated cost of improvements and re- 56 CHARTER. pairs necessary to be undertaken during the current year and the sum required therefor. [Laws of 1903, page 66]. Sec. 17. Mayor ex-officio member of board. — The mayor shall be ex-officio a member of such board of public works and may be present at its deliberations, and present recommendations and engage in the discussion of all matters coming before such board, but shall not be entitled to a vote on matters coming be- fore such board. [Laws of 1903, page 66]. ART. VI. CITY OFFICERS— ELECTIONS. 57 ARTICLE VI CITY OFFICERS— ELECTIONS. Section 1. Appointments, by whom made. 2. Appointive officers. 3. Elective officers. 4. Salaries to be fixed by ordi- nance. 5. Election, when to be held. 6. Elections to be held, how. 7. Voting to be by ballot. 8. The polls, opening and closing of. 9. Who may vote. Section 10. Voting precincts, duty of coun- cil. 11. Officers, when installed. 12. Who eligible to office. 1.3. Residence of officers. 14. Oath of officers, and bond. 15. Certificate to be recorded. 16. Officers not to be interested In contracts. 17. Property qualifications for of- fice prohibited. Section 1. By whom appointments shall be made. — In the absence of any express provision in the laws governing cities of the second class as to the manner of appointing any officer, the mayor shall nominate, and with the consent of the common council appoint such officer. [R. S. 1899, Sec. 5750]. Sec. 2. Appointive officers. — In all such cities there shall be a city clerk, city assessor and city counselor, who shall be ap- pointed by the mayor, by and with the advice and consent of the common council, and shall hold their offices for the term of two years, unless sooner removed, and who shall perform such duties as may be prescribed by this article or any ordinance of the city. [Laws of 1901, page 60]. (a) Sec. 3. Elective officers. — There shall also be a judge of the police court, and city attorney, who shall be elected by the quali- fied voters of said city, to hold their offices for the term of two years; a city auditor and city treasurer, who shall hold their of- (a) The salary of an officer is an incident to the office, and the salary is to be paid him whether or not he neglects the office: Bates v. St. Louis, 153 Mo. 18; State ex rel. Walbridge, 153 Mo. 194. The repeal of a statute creating a city office abolishes the office, and nec- essarily removes its incumbent: State ex rel. v. Ratcliffe, 164 Mo. 453. As to holding over under statute like this see State ex rel. v. Lund, 167 Mo. 228. A person in possession of a public office has no such vested interest or private property therein as to prevent a modification or repeal of the law which created the office: State ex rel. v. Evans, 166 Mo. 347. 58 CHARTER fices for a term of four 3'ears ; also a city comptroller, who shall be elected by the qualified voters of said city at the city election to be held on the first Tuesday after the first Monday in April, 1901, to hold his office for a term of three years; thereafter the term of city comptroller shall be four years ; said officers to hold their offices until their successors are duly elected and qualified, and in addition to the duties prescribed by this article perform such other duties as may be prescribed by ordinance. There shall also be such other officers, servants and agents of the corporation as may be provided by ordinance, who shall perform such duties as maj' be prescribed by ordinance. [Laws of 1901, page 61]. Sec. 4. Salaries to be fixed by ordinance. — The common council shall, at least as early as their regular monthly meeting in March next before each biennial election, by ordinance, fix the salary and fees of all the officers for the next two fiscal years, and shall not increase nor diminish the salary of any officer during his term of office. [R. S. 1899, Sec. 5197]. Sec. 5. General election to be held, when. — The general elec- tion of all elective officers of such city shall be held on the first Tuesday after the first Monday in April, every two years, except as otherwise provided in this article in relation to the election of aldermen. Special elections to fill vacancies shall be held under such regulations as may be provided for by ordinance. [R. S. 1899, Sec. 5701]. Sec. 6. Election to be held, how. — All elections shall be held under the general laws of this state. [R. S. 1899, Sec. 5702] . Sec. 7. Voting to be by ballot. — All elections shall be by ballot, and continue for one day only. — [R. S. 1899, Sec. 6992]. Sec. 8. Polls, v/hen opened and closed. — The judges of each election hereafter to be held, general or municipal, shall open the polls at seven o'clock in the morning and continue them open until six 'clock in the evening, unless the sun shall set after six, when the polls shall be kept open until sunset, except in cities in the state of twenty-five thousand inhabitants or upward, when the polls shall be opened at six o'clock in the morning and be kept open until seven o'clock in the evening. [R. S. 1899, Sec. 6991] . ART. VI. CITY OFFICERS— ELECTIONS. 59 Sec. 9. Who may be registered. — Every male citizen of the United States, and every person of foreign birth who may have de- clared his intention to become a citizen of the United States ac- cording to law not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, who has resided in this state one year next preceding the election at which he offers to vote, and during the last sixty days of that time shall have resided in the city, and during the last ten days of that time in the ward at which he offers to vote^ who has not been convicted of bribery, perjury or other infamous crime, nor direct- ly interested in any bet or wager depending upon the result of the election, nor serving at the time in the regular army or navy of the United States shall be entitled to vote at such election for all offices, state or municipal, made elective by the people, or at any other election held in pursuance of the laws of this state ; but he ihall not vote elsewhere than in the election precinct where his name is registered, and whereof he is registered as a resident. [R. S. 1899, Sec. 7198]. Sec. 10. Voting precincts; duty of common council. — The common council of every city in which registration of voters may be had under and by virtue of any special charter, or under the provisions of this article, may, by ordinance, provide for two or more voting precincts in each ward of such city, and such common council may, by ordinance, make such provisions as to judges and clerks of elections and additional copies of registration lists and the use of such copies at such voting precincts as may be necessary in the premises. [R. S. 1899, Sec. 7215.] Sec. 11. Officers, when installed. — All elective city officers provided for in this article shall enter upon the duties of their of- fice on the second IMonday after the day of election, and all ap- pointed officers shall enter upon the duties of their office as soon as appointed and qualified. [R. S. 1899, Sec. 5526]. Sec. 12. Who eligible. — No person shall be deemed eligible to any office in the city who is not a qualified voter of said city, and who is not a citizen of the United States and of the state of Missouri, and has not lived in the city one year next preceding his election. [R. S. 1899, Sec. 5527]. 60 CHARTER. Sec. 13. Residence of officers. — All officers of the corporation shall reside within the city limits during their continuance in of- fice, and if any of them shall cease to reside in said limits his office shall be thereby vacated. [R. S. 1899, Sec. 5552]. (b) Sec. 14. Oath. — Every officer of the corporation, before en- tering upon the duties of his office, shall^ake and subscribe an oath before some officer of the law authorized to administer oaths, as prescribed by the constitution of this state to civil officers, and that he will faithfully support this article and ordinances of the city, which said oath shall be endorsed upon or attached to his cer- tificate of election or appointment, and he shall deliver the same to the city clerk ; and every officer of the corporation, except the mayor, aldermen, police judge, comptroller and all other persons required by law to give bond shall, before entering upon the duties of their office, give bond to such city in such sum as may be pre- scribed by ordinance, with securities ajiproved by the comptroller, conditioned for the faithful discharge of his duties, which said bond shall be filed with the city clerk. For any breach of the con- dition of said bond suit may ])e instituted thereon by the city, or by any person or persons claiming to have been injured by reason of any such breach, in the name of such city, for the use of such pei-son or persons. If any officer fail to deliver to the city clerk a certificate and oath as herein required within twenty days after his election or appointment the office to which he may have been elected or appointed shall be declared vacated. [R. S. 1899, Sec. 5553]. Sec. 15. Certificate of election to be recorded. — It shall be the duty of the city clerk to record the certificate of election or ap- pointment mentioned in the preceding section, with the oath thereto attached or thereon indorsed, within ten days after the same is delivered to him. [R. S. 1899, Sec. 5554]. Sec. 16. Officers interested in contracts guilty of misde- meanor. — If any city officer shall be directly or indirectly inter- ested in any contract under the city or any work done by the city, or in furnishing supplies for the city or any of its institutions he (b) What constitutes removal from ward or city: State ex rel v. Dayton, /7 Mo. 678. ART. VI. CITY OFFICERS— ELECTIONS. 61 shall be deemed guilty of a misdemeanor ; and any appointed offi- cer becoming so interested shall be dismissed from office imme- diately by the mayor ; and upon the mayor becoming satisfied that any elective officer is so interested he shall immediately suspend such officer, and report the facts to the common council, where- upon the common council, as soon as practicable, shall be con- vened to hear and determine the same; and if, by a two-thirds vote of the common council, he be found so interested, he shall be immediately dismissed from such office. No officer shall hold two appointments under the city government at the same time. [R. S. 1899, Sec. 5551]. Sec. 17. Property qualification prohibited.— It shall not be lawful for the municipal authorities of any city or town in the state of Missouri in any case to require any person to be the owner of real estate in order to make such person eligible to hold any office, or to be a member of any city or town council or municipal assembly, or judge or clerk of election in such city or town, and any provision in the charter of any municipality of this state which requires as a qualification for any office, either elective or appointive, or judge or clerk of election, that the person so elected or appointed shall be the owner of real estate is hereby declared inoperative and void. [R. S. 1899, Sec. 5259]. 62 CHARTER. ARTICLE VII. MAYOR. Section 1. Mayor, election of. Qualifications of. 3. Tie vote, how determined. 4. Contested election. Vacancy. Removal from office. Section 7. Duties of mayor — may appoint officers, how, etc. S. May call special meetings. 9. May require officers to exhibit accounts. Section 1. Mayor, election of. — The chief executive officer of such city shall be the mayor, who shall be elected by the quali- fied voters thereof, and who shall hold his office for two years, and until his successor is duly elected and qualified. [R. S. 1899, Sec. 5528]. S53. 2. Qualifications of. — No person shall be a mayor who has not resided in the city one year, and who does not, at the time of his election, possess the qualifications of an alderman, as here- inbefore defined; nor shall any person continue in the office of mayor who shall cease to possess any of said qualifications. [R. S. 1899, Sec. 5529]. Sec. 3. Tie vote; how determined. — ^When two or more per- sons shall have an equal number of votes, and more than any other person for the office of mayor, the common council shall decide the election. [R. S. 1899, Sec. 5530]. Sec. 4. Contested election.— Whenever an election for mayor shall be contested the common council shall determine the same. [R. S. 1899, Sec. 5531]. (a) Sec. 5. Vacancies. — 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. [R. S. 1899, Sec. 5532]. (a) Contested elections governed by Revised Statutes, 1899, section 7029- and following sections. ART. VII. MAYOR. 63 Sec. 6. Removal from office. — The mayor or other elective officer may be removed from office for any misdemeanor or other offense by a vote of two-thirds of the common council, and the ayes and nays shall be entered upon the journal. [R. S. 1899, Sec. 5533]. Sec. 7. Duties of mayor — may appoint officers, how, etc. — The mayor may, upon good cause shown, and by the consent of the common council, remit fines, forfeitures and penalties accruing from or imposed on account of the violation of any city ordinance. He shall have the right to nominate all appointive officers and shall make such nominations within ten daj's after such right of appointment accrues, and unless a majority of the common council shall, within five days after such nomination shall be made, file with the clerk thereof, in writing, and which the clerk shall enter on the journal their objections to such appointee, with specifica- tions thereof, then such appointment shall be final and valid. If such objections are so made then the mayor shall within five days after notice of such objections nominate another person. If the mayor shall fail to make such nominations within the time herein described then his power of appointment as to that office shall cease and the common council may appoint. [Laws of 1903, page 73]. Sec. 8. May call special meetings. — The mayor shall call special sessions of the common council by proclamation. [R. S. 1899, Sec. 5535]. Sec. 9. May require officers to exhibit accounts. — He shall have power, when he deems it necessary, to require any officer of the city to exhibit Iiis accounts or other papers, and to make re- port in writing, touching any subject or matter he may require pertaining to his office. [R. S. 1899, Sec. 5536] . 64 CHARTER. ARTICLE VIII. DUTIES OF OFFICERS. Section 1. Duty of clerk. 2. Of city engineer. 3. Of judge of police court. 4. Of city counselor. 5. Of city attorney. 6. Of city auditor. Section 7. Of city treasurer — ex-officio collector. 8. Of city comptroller. 9. Same, deposit of city money. 10. Auditing committee. 11. Settlement of city officers. Section 1. Duty of clerk. — It shall be the duty of the city clerk to attend all meetings of the common council and keep a true record of its proceedings ; also to keep a record of all official acts of the mayor, and when necessary to attest them. He shall also keep and preserve in his office the corporate seal of the city, all records, public papers and documents of the city not belonging to any other officer. He shall be authorized to administer oaths and copies of all papers filed in his office, and transcripts from the records of the proceedings of the common council, duly certified by him under the corporate seal of the city, shall be taken as evi- dence in all courts of this state, and shall perform such other du- ties as may be prescribed by ordinance. [R. S. 1899, Sec. 5540] . Sec. 2. Of city engineer. — The city engineer shall superin- tend the construction of all public works ordered by the common council, shall make out plans, specifications and estimates thereof, and do the surveying and engineering ordered by the city, and perform such other duties as may be prescribed by ordinance. [R. S. 1899, Sec. 5541]. Sec. 3. Judge of the police court.— The judge of the police court shall have exclusive jurisdiction over all cases arising under any ordinance of the city, except suits brought for the collection of taxes due the city. Appeals in all cases tried before him as judge of the police court shall be taken to the court of record having criminal jurisdiction in the county where such city is located. [R. S. 1899, Sec. 5542]. ART. VIII. DUTIES OF OFFICERS. 65 Sec. 4. City counselor. — The counselor shall appear for the city and attend all cases in all courts of record in this state, where- in such city may be a party plaintiff or defendant, or a party in interest, and shall perform such other duties as may be prescribed by ordinance, and shall receive such compensation therefor as may be prescribed by ordinance. The city counselor may appoint an assistant city counselor, who shall hold his 'office subject to the pleasure of the city counselor and receive, during his continuance in office, a salary not to exceed fifteen hundred dollars ($1,500.00) per year, payable in monthly installments, as the salary of other officers are paid. [Laws of 1903, page 73]. Sec. 5. City attorney. — The city attorney shall appear in the police court of such city and attend to all cases of a criminal or civil nature arising in said court in which the city may be a party, or in any way interested, and in any court of record, to any appeal cases from said police court, and shall perform such other duties as shall be prescribed by ordinance, and such as may be required of him by the city counselor, whose assistant he shall be, and for which service he shall receive such compensation as may be prescribed by ordinance. [R. S. 1899, Sec. 5544] . Sec. 6. City auditor. — It shall be the duty of the city auditor to prescribe the mode of keeping, dating and rendering all ac- counts, unless otherwise provided by ordinance, between the city and any person or body corporate ; he shall draw warrants upon the treasurer for all appropriations made by the common council ; he shall keep a true and just account with the several different revenue districts, the city treasurer, and the different funds of such city; he shall extend all tax rolls, and shall make reports, estimates and statements required of him by the common council in connection with the duties of his office. [R. S. 1899, Sec. 5545] . Sec. 7. City treasurer — Collector. — It shall be the duty of the city treasurer to receive and keep the money of the city, and pay out the same on warrants drawn by the auditor and counter- signed by the comptroller, and not otherwise. He shall be ex of- ficio city collector, and shall collect all taxes and licenses levied and charged by such city, except as otherwise provided by law for collection by others ; he may appoint such deputies and clerks as may be allowed by ordinance : Provided, that he shall be respon- sible for all the acts of his deputies and clerks. All moneys be- 5 00 , CHARTER. longing to the city and received by any officer or agent thereof, either from collection, fines or any other source, shall be deposited in the city treasury as often as once a week, unless some law oth- erwise direct. For all moneys received, except in payment of taxes or licenses, he shall give triplicate receipts in all cases, one to the party paying, one for the auditor and one for the comptroll- er, which shall set out the amounts paid and from what it pro- ceeds, and to what account credited ; and for taxes and licenses he shall give such receipts as may be provided by ordinance. [R. S. 1899, Sec. 5546]. Sec. 8. Of city comptroller. — It shall be the duty of the comptroller to exercise ,a general supervision over the collection and return into the treasury and disbursement of ail revenue and other moneys of the city, and of the proceedings therefor over all property, assets and claims, and the custody, sale or other disposi- tion thereof. He shall see that all proper legal proceedings are had to recover, keep and manage such property or other interests ; that all proper rules and regulations are prescribed and observed in relation to all accounts, settlements and reports regarding the fiscal concerns of the city; that no appropriation or funds are overdrawn or misapplied, and that no liability is incurred, nor money or property of the city disbursed or disposed of contrary to the spirit of the law or ordinances. He is especially charged with the preservation of the credit and faith of the city in relation to its bonded debt. The comptroller shall, at the first meeting of the common council in each fiscal year, certify to the common council the amount of money to be raised by taxation for the pay- ment of bonds and coupons maturing during that year, discrimi- nating between the general bonds of the city and coupons thereon, and each series of funding bonds and coupons thereon. When- ever it is necessary to meet payment of any of these bonds or cou- pons at any other place than the office of the city treasurer of such city he shall, with the written approval of the mayor, make his requisition upon the auditor for a warrant on the treasurer for the purpose, and if necessary to preserve the public credit he may anticipate any part of the annual revenue levied for the pur- pose of paying interest, and may thereon obtain loans to meet the interest on bonds about to fall due. The comptroller shall make two reports each year on the financial condition of the city — the first report to embrace a period beginning with the fiscal year and ART. VIII. DUTIES OF OFFICERS. 67 ending with the month of October; the second report to include the whole fiscal year, and shall obtain and transmit therewith to the common council the report of other fiscal officers, as provided by law or ordinance. He shall provide and keep in his office re- liable and complete tables of the finances, property and assets of the city, all contracts, excepting contracts awarded by the board of public works, names of contractors and names of employes, in such manner as to show the department in which they are em- ployed, their salaries, powers and duties, and how appointed. He may appoint a deputy, who shall be a practical bookkeeper. Also such clerks as he may require when so authorized by ordinance. He may administer oaths, and may require all claims, settlements, returns and reports to be verified by affidavits. He shall counter- sign all warrants on the treasurer. The comptroller shall, before entering upon the duties of his office, give bond to such city, condi- tioned for the faithful discharge of his duties in such sum as may be prescribed by ordinance, with tAvo or more good and sufficient sureties, to be approved by the mayor, which shall be filed with the city clerk. No person shall be elected comptroller who does not at the time of his election possess the qualifications of the mayor, as hereinbefore defined ; nor shall any person continue to hold office of comptroller who. shall cease to possess any of said qualifications. [Laws of 1901, page 61]. Sec. 9. Same, deposit of city money. — The city comptroller shall, within five days from the third Monday in April, 1891, and every second year thereafter, advertise for five days in the daily English paper for the time doing the city printing of such city, that he will receive sealed bids, from within the city, for the de- posit of all city moneys during the ensuing two years, and until a successor shall be duly selected. All bids received by him shall be securely sealed and safely kept until the first meeting there- after of the common council, at which meeting the comptroller shall, in the presence of the council, open said bids, and with the approval of the common council award and let the deposits to the bidder agreeing to pay the highest rate of interest therefor — the common council having the right to reject any and all bids, in which case they may at any time thereafter direct, by resolution, the city comptroller to again advertise for bids in the same man- ner as before. Whenever the common council shall have ap- proved any bid made in response to and in accordance with the 08 CHARTER. advertisement aforesaid, aud before any deposits are placed by the treasnrer, the city comptroller shall require a contract to be executed by the accepted bidder, to be approved by the city coun- selor, and signed by the comptroller in behalf of the city, which contract shall be accompanied by a bond from the bidder, to be approved by the common council, in double the highest estimated amount of deposits during any month of such time; and such money, together with such interest and profits as may accrue •thereon, shall be at all times subject to the sight drafts of the city, under such rules and regulations as are or may be provided by the laws and ordinances of such cities for the government of its disbursing officers. [R. S. 1899, Sec. 5547]. Sec. 10. Auditing committee. — There shall be an auditing committee, composed of the city auditor and two members of the common council; and every claim against said city for money amounting to one hundred dollars or over shall be passed upon by said committee before an appropriation shall be made for the pay- ment thereof. [R. S. 1899, Sec. 5549]. Sec. 11. Settlement of officers. — The city auditor, city col- lector, city treasurer, city attorney and all other otficers charged with the collection or custody of money shall, on the second Mon- day after the general election in April of each year, make a full and detailed statement and settlement of all their accounts, which shall show all moneys received, from what source, from whom and what for, and of all money paid and to whom and when, and for what purpose so paid, which statement shall be published in a newspaper at the time doing the city printing ; the statement re- quired to be made by the city auditor shall exhibit in full the re- sources and liabilities of the city, together with the amount of rev- enue collected from all sources during the preceding fiscal year, the amount expended on all accounts by the city during the same period, and such further particulars as shall be prescribed by ordi- nance ; and for any refusal, neglect or failure to make such report, at the times and in the manner herein prescribed, such officer and his securities on his official bond shall forfeit and pay to such city a sum not less than one hundred dollars nor more than one thou- sand dollars ; and it shall be the duty of the city counselor to in- stitute and prosecute to a final judgment suit at law, in the name of such city, against such defendant officer or officers for recov- ering of the same. [R. S. 1899, Sec. 5550] . ART. IX. REVENUE. 09 ARTICLE IX REVENUE— LEVY OF TAXES. Section 1. No exemption. 2. Maps and plats. 3. Deputy assessors. 4. To advertise, when lists to be made. 5. Assessment, when to be made. 6. Lists to embrace what. 7. Assessor to be at office. 8. May administer oaths. 9. Assessment of corporation. 10. Same — corporation property. 11. Assessments, how returned. 12. Certificate to be verified. 13. Notice of board of appeals. 14. Who constitutes the board. 15. Proceedings of board. 16. Gross amount of valuation to be furnished, levy. 17. Auditor to extend taxes. 18. Tax boolts to show what. 19. Tax upon merchants. 20. Delinquent taxes to be carried forward. 21. Taxes not paid, penalty. 22. Rebate allowed, when. 23. Taxes to be received on parts of lots, when. 24. Receipts to be given on pay- ment. 25. Collections by distress and sale. 26. Same, delinquent taxes. 27. Collector may call assistance. 28. When taxpayer removes. 29. Shares of stock may be sold. 30. Collector to furnish comptroller list of unpaid taxes. 31. Taxes, when delinquent. 32. City collector to sell real estate. 33. Notice, how given. 34. Same, notice, how given. 35. Sale of property. 36. The purchaser. 37. The whole lot may be sold. 38. City auditor shall attend all sales. 39. Sale may be adjourned. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. y be bought for collector failing to Section 4u. Property mt city. Auditor and attend sale. Sale, when made in November. Certificate of purchase to be is- sued. Duplicate receipts to be issued. Property may be redeemed. Same, how redeemed. Redemption of property of min- ors. Redemption after deed. Redemption money to be paid over. Redemption fiom city. Unredeemed property to be ad- vertised. Certificate of publication. Deed, when to be made. Form of deed. T\^hat proof neces-sary to defeat title. Suit to be commenced, when. Deed to be recorded, when. Effect of recording tax deed. Taxes paid may be recovered. Title shall not fail, when. Comptroller may abate tax. Proceedings to be liberally con- strued. Desei iption, how made, abbrevi- ations. Penalty for failing of duty. Sale, when discontinued. Suits for taxes. State -.lent, when sufficient. Who o be defendants. The judgment, form of. What taxes may be included in one suit. What courts have jurisdiction. Practice to be as in civil cases. Books to be received in evidence. Attorney fee of ten per centum. Certain terms explained. Section 1. Property not exempt.^No person or property shall be exempted or released from any burden imposed by or ac- 70 CHARTER. cording to law. No general or special tax assessment, or interest or penalty therein, shall be remitted or abated, or the right to en- force payment thereon be released, except in correction of errors or mistakes after the levy of any tax: neither the amount thereof nor the valuation of any property for the levy shall be reduced, except only in the correction of clerical errors or mistakes. * * * * * [R. S. 1899, Sec. 552-1]. (a) Sec. 2. Assessor to keep maps, plats, etc. — The city assessor shall have charge of and keep in his office all maps, plats, books, papers, records and other property that may be provided by the city to aid in the assessment of property or polls, and he and his securities shall be liable on his official bond for the preservation of the same and the delivery thereof to his successor in office. [R. S. 1899, Sec. 5573]. Sec. 3. Assessor may appoint deputies. — The assessor may. by an instrument in writing under his hand, appoint one or more competent deputies, who shall have and exercise, under supervis- ion of the assessor, all the poAvers and perform any of the duties of the assessor, and may remove such deputies at his pleasure. The assessor and his securities shall be responsible on his official bond for all acts done or omitted by any of his deputies, in the same manner as for his own acts or omissions. [R. S. 1899, Sec. 5574] . Sec. 4. To advertise when lists shall be made out and deliv- ered. — The assessor shall, at least ten days before the fifteenth of November in each year, give public notice, by advertisement in some daily paper published in the city, and also by hand-bills posted and circulated throughout the city, that all persons owning or having in their possession or under their control, whether as owner or agent of another, on the fifteenth. day of November next ensuing, personal propel-ty subject to municipal taxation, are re- (a) The legislature has no power to enact a law exempting property from taxation other than that mentioned in the constitution: Constitu- tion, Art. X, Sees. 1 to 7; Scotland County v. Railway, 65 Mo. 123. The constitutional provision is prospective in its operation and does not repeal prior special laws exempting property from taxation: State ex rel. v. St. Joseph's Convent, 116 Mo. 575. The exemptions allowed by the constitutional provision above referred to are provided for by statute. R. S. 1899, Sees. 9119, 9120. Any further exemptions would be in conflict with said constitutional limitations: Copcland v. City of St. .Joseph, 126 Mo. 417; State v. Wardell, 153 Mo. 319. ART. IX. REVENUE. 71 quired to deliver to him, at his office, on or before the fifteenth day of January next, lists of all such property, classified as re- quired by law, with the true cash value thereof ; and that all mer- chants doing business in the city are required within the same time to furnish to him, at his office, a true statement, verified by the oath or affidavit of such merchant, or his agent, of the highest amount in value of all goods, wares and merchandise owned or kept on hand for sale by such merchant at any time Avithin three months before such fifteenth day of November. [Laws of 1905, page 69]. Sec, 5. Assessments, when to be made. — It shall be the duty of the city assessor, between the fifteenth of November and the fifteenth day of March of each year, to make and return to the council a full and complete assessment of all property, real and personal, in such city, on the first day of November of such year, and not exempt from municipal taxation, excepting the goods, wares and merchandise kept on hand for sale by merchants, and excepting the property of corporations whose capital stock is lia- ble to taxation at the cash value of such property ; also a list of all merchants doing business in said city, with the cash value of high- est amount of goods, wares and merchandise owned or kept on hand for sale at any time within three months before the fifteenth day of November of such year. All real estate assessed shall be returned in one book, and all other lists in one book under sepa- rate headings. Such books shall contain appropriate blank col- umns for the extension of all taxes therein, and shall be certified, verified and returned as hereinafter provided. [Laws of 1905, page 70]. (b) Sec. 6. Lists to embrace what. — It shall be the duty of every person owning or having under his control any personal property subject to municipal taxation for any fiscal year to deliver to the city assessor, at his office, on or before the fifteenth day of January next preceding such fiscal year, a true and complete list thereof, with the actual cash value of such property, stating in such list : (b) A valid assessment is a prerequisite to the lav/ful exercise of the power of taxation: Abbott v. Lindenbower, 42 Mo. 162: State ex rel. Wyatt V. Wabash Ry. Co., 114 Mo. 1; St. Louis v. Wenneker, 145 Mo. 230; State ex rel. v. Thompson, 149 Mo. 441; State ex rel. v. Mission Free School, 162 Mo. 332. A mere irregularity in making the assessment cannot affect the validity of the tax: State ex rel. v. Stamm, 165 Mo. 73. 72 CHARTER. I. The number of horses and other live stock and the value thereof. II. The number of carriages and vehicles of every descrip- tion, and the value thereof. III. The amount and value of all household goods and prop- erty. IV. The amount of money and credits of every description. V. The number and value of all watches and other jewelry- VI. The amount of stock or shares in any company or cor- portion not required by law to be otherwise listed. VII. All other personal property subject to taxation by the city, and the value thereof, so belonging to him or under his con- trol on the first day of November of such year. [Laws of 1905, page 70]. Sec. 7. Assessor shall attend his office, when. — On and after the fifteenth day of November the assessor shall attend at his of- fice, and keep the same open himself or by some one of his depu- ties, on every week day, up to and including the fifteenth day of January following, from the hours of eight in the forenoon till five o'clock in the afternoon, for the purpose of receiving the lists of property and statements of merchants and others by this arti- cle required to be delivered to him, and shall, at all times, keep on hand and furnish to persons lawfully requiring the same all nec- essary bhmks and forms of lists and statements required by this article. [Laws of 1905, page 70]. Skc. 8. He may administer oaths. — The assessor and his dep- uties shall be authorized to administer oaths and affirmations, and he may require any person to verify, by affidavit, any list nuide by hi III : tnd may also examine on oath any person touching the per- sonal property for which he is liable to be assessed, or the value thereof, or the amount of goods, wares, merchandise owned or kept by him as merchant ; and may, by a notice delivered to any person or left at his residence, office or place of business, require such person, within five days, to deliver to him at the assessor's ART. IX, REVENUE. 73 office any list or statement necessary for the purpose of making the assessment, and to verify the same by affidavit ; and any per- son failing- or refusing to verify such list when thereto requested by the assessor, or to be examined or answer on oath regarding his property and merchandise, when thereto requested by the assessor, or to deliver and verify such list and statement when notified by the assessor so to do, shall forfeit to the city the sum of one hundred dollars, to be recovered in an action therefor in the name of the city, to be instituted under the direction of the comptroller before the city recorder, or any court of competent jurisdiction ; and the assessor shall assess such person according to the best information he can get, without stating the kind of personal property as provided in section 6. [R. S. 1899, Sec. 5579]. (c) Sec. 9. Assessment of corporations. — The property of all cor- porations and companies, excepting the personal property of in- corporated banks, shall be assessed and taxed as the property of individuals is assessed and taxed. All shares of stock of incor- porated banks, whether organized under the laws of this state or the United States, shall be assessed at their actual cash value. The president or other chief officer of any such bank shall each year within the time prescribed by law for listing personal property, under oath, deliver to the assessor a list of all shares of stock held therein and the names of the persons holding same on the fifteenth day of November, together with a list of all real estate belonging to such corporation, and lying within the limits of the city, which real estate shall be listed, assessed and taxed as other real estate is ; and he shall also state upon oath the actual cash value of such stocks, and such stock shall be assessed at its actual cash value to the owners thereof as other personal property is taxed, in one list by itself on the personal property tax-book of the assessor, in a column headed by the name of the bank whose stock is thus as- (c) A clerical error in the date of the assessor's affidavit will be disre- garded: State ex rel. v. Hurt, 113 Mo. 90. Where the taxpayer is not found at his residence or place of business, the right to assess for taxation attaches upon the leaving of the re- quired notice at either place, the taxpayer failing to respond thereto: State ex rel. v. Cummings, 151 Mo. 49. An assessment in such case, of a lump sum instead of listing the items of property, is a mere irregularity: State ex rel. v. Cummings, 151 Mo. 49. 74 CHARTER. sessed and taxed. Thp taxes assessed on shares of stock em- braced in such list shall be paid by the corporation respectively as agents of each of its shareholders, and shall be a lien upon such shares from the fifteenth day of Nevember before the fiscal year for which the same are assessed, and these corporations may re- cover from the owners of such shares the amounts so paid by them, or deduct the same from the dividends accruing on such shares; and the amount so paid shall be a lien on such shares respectively from the date aforesaid, and shall be paid before a transfer thereof shall be made. If any president or other chief officer of any such corporation fail to comply with the provisions of this section he shall forfeit to the city the sum of one thousand dollars, to be re- covered by the city as plaintifit; in any court of competent jurisdic- tion, and the assessor shall proceed to assess the stock of such corporation as nearly correct as he may be able to do ; and if in any manner, by reason of a former defective assessment, or of a non-assessment of the whole, or any part of the stock of anj^ bank within any previous period of five years, the tax on such stock has not or could not be collected then the assessor shall in any subse- quent year, within the term of five years, assess such stock accord- ing to his best knowledge of the owners thereof who should have been assessed at the date of such new assessment, or such defective assessment, was or should have been made ; and such additional assessment list shall be entered in a list by itself on the personal property tax-book, in a column headed by the name of the bank whose stock is so assessed, and showing that it is for the back years intended. [LaAvs of 1905, page 71] . (d) (d) A railroad company whose stock is hy law exempt from taxation cannot be taxed on property owned and used by it in the operation of its railway and necessary for that purpose. The stock is but the representative of the property: Scotland County v. Railroad, 65 Mo. 123. The shares of stock in national banks are liable to assessment and taxa- tion in this state: Lionberj?er v. Rowse, 43 Mo. 67; National Bank v. Meredith, 44 Mo. 500; Curtis v. Ward, 58 Mo. 295; The State ex rel. V. Catron, 118 Mo. 285. A city of the second class is empowered by the statutes to tax shares of stock in a business corporation owned by a resident of the city, where the property of the corporation is without the jurisdiction of the city and cannot be taxed by it. And it makes no difference that the property of the corporation is located in another state and taxed there: Ogden v. City of St. .loseph. 90 Mo. 522: State ex rel. v. Catron, 118 Mo. 284; see School Dist. v. Wickersham, 34 App. 340; Valle v. Ziegler, 84 Mo. 218. ART. IX. REVENUE. to Sec. lU. Taxation of railroad, telegraph and bridge compa- nies. — Upon all property owned by any railroad, telegraph or bridge company within such city, subject to taxation for state and county purposes, upon which a city tax has heretofore been levied and collected by county officers, such city is hereby empowered to levy and collect taxes upon such property in the same manner that taxes are levied and collected upon other property within the city ; and the valuation upon which a tax may be levied and collected shall be the last valuation fixed by the state board of equalization prior to January first of each year. [R. S. 1899, Sec. 5583]. Sec. 11. Assessments, how returned. — The assessor shall re- turn on his assessment book of real property, in tabular form, each parcel of real estate subject to taxation, with the description and value thereof in numerical order as to the lots and blocks^ or sec- tions or subdivisions thereof, and in a separate column the value attached by the assessor to each parcel or description. When any property is not laid off in lots or blocks the assessor shall describe the same by any pertinent description, and for the purpose of such description may require the owner thereof to furnish such descrip- tion. It shall be the duty of all the owners of property not so laid off in lots or blocks to furnish to the assessor a sufficient de- scription thereof, and in the case of the failure of any such owner to furnish such descrii^tion at least fifteen days before the time fixed for the return of the assessment the assessor may require the city engineer to make and return to him a survey of such property, and the expense of such survey shall be returned by the assessor, together with his assessment of the property, and shall be added to the tax to be levied upon the property, and collected as a part thereof. The owner of an undivided interest in any parcel of land may furnish to the assessor, at any time before his assess- ment is returned, a description of such parcel, with the amount of his interest therein, and the assessor shall then assess such undi- vided interest with the name of the owner thereof as a separate parcel ; but unless such description and statement is so furnished the assessor shall not be required to make such separate assess- ment. The assessor shall number each parcel of land assessed in the order of the same upon the assessment book. If the assessor shall discover that any real or personal property Avhich was sub- ject to taxation for any previous year was not assessed, or for any cause has escaped taxation for such year, it shall be the duty of 7'3 CHARTER. the assessor, in additiou to the assessment for the then ensuing year, to assess such property for the year or years in which the same was untaxed. [R. S. 1899, Sec. 5581]. (e) Sec. 12. Affidavit to return of certiiicate. — Upon the comple- tion of his assessment the assessor shall endorse upon each of his assessment books his certificate that he has made diligent efforts to ascertain all taxable property of the class or kind assessed in such book and all persons liable to poll tax for the fiscal year, being or situate in the city, and that so far as he has been able to ascertain the same is correctly set forth in the book, which certifi- cate he shall verify by his affidavit, and then return the assessment to the council by delivering the same to the city clerk at his office. [R. S. 1899, Sec. 5582]. Sec. 13. Notice of sitting of board of appeals. — The city clerk shall cause to be published, in at least one newspaper pub- lished in said city, and for at least five days before the day fixed by law for the sitting of the board of appeals, a notice to all tax- payers of the city that the board of appeals will hold its annual session on the days prescribed by law, and stating the place where such board will hold its session, and that in the meantime the assessment for the ensuing fiscal year will be open to the inspec- tion of the public at the office of the city clerk. [R. S. 1899, Sec. 5584]. Sec. 14. Board of appeals — sessions, when held. — The mayor, comptroller and the alderman who is the chairman of the finance committee shall be and constitute the board of appeals and com- plaints of any party aggrieved by the assessment as made by the assessor; a majority of the members of said board shall consti- tute a quorum for the transaction of business. Said board shall hold its session in each year for not more than twelve nor less than six days, beginning on the fourth Monday in March in each year; said alderman shall receive five dollars per day for his services on such board. [U. S. 1889, Sec. 5585]. Sec. 15. Proceedings of board in equalizing assessments.— The city clerk shall delivei- to the board of appeals the assess- (e) Cape Girardeau v. Biiehrmann, 148 Mo. 198. ART. IX. REVENUE. 77 meut books on the first day of the session of said board, and he shall act as clerk of said board. Any person aggrieved by an error in the assessment may make his complaint or appeal on ac- count of such error in writing. The board shall hear and de- termine the same summarily, and may examine the person appeal- ing and any other person on oath touching the matter complained of. and shall have power to compel attendance of witnesses and production of books and papers, and to this end the chief of police of the city shall execute such process as may be issued by said board. If they propose to increase the assessment in any case they shall cause notice thereof to be served upon the owner (or his agent or representative) of such property,if within the city, who shall have the right to be heard upon such proposed increase. If the board shall find any error in the assessment they shall order the same to be changed and corrected, and for the purpose of making the same fair and just may increase or diminish the val- uation of any property to its fair cash value. The assessor shall also attend upon the sessions of the board, and make such cor- rections on the assessments as may be ordered by the board ; such correction shall not be made by an erasure or interlineation, but be placed in a column opposite original valuation, and the change in valuation of each class placed over same in red ink. [R. S. 1899, Sec. 5586]. (f) Sec. 16. Assessments upon which levy shall be made — pro- ceedings. — At the first meeting of the common council for each fiscal year the city clerk shall present to the council the assess- ment and an abstract of the gross amount of the valuation of real estate, personal property, goods, wares and merchandise of merchants, taxable premiums of insurance companies, and the number of polls as shown thereby, upon which the council shall proceed, by ordinance, to levy the taxes for the fiscal year : Pro- vided, that if the proposition to organize as a city of the second class is adopted betAveen the first day of January and the first (f) Board has no power to add property to list returned by assessor: State ex rel. v. Cunningham, 153 Mo. 642. Board acts judicially: Black v. McGonigle, 103 Mo. 192: St. Joseph Lead Co. V. Simms, 108 Mo. 222; State ex rel. v. Vaile, 122 Mo. 33. Certiorari the proper remedy to review an increase of assessment, when: State ex rel. v. Springer, 134 Mo. 212; Railroad v. Board, 64 Mo. 294; State V. County Court, 69 Mo. 454; State ex rel. v. Bank of Neosho, 120 Mo. 161. 78 CHARTER. meeting of the council aforesaid the levy herein required shall be made for the lirst liscal year only, upon the last assessment un- der the law in force in such city, and the books containing such assessment of real and personal property and polls shall be by the collector, city assessor, or other proper officer, furnished to the council before the time for making the levy aforesaid, by deliv- ering the same to the city clerk and auditor, for the purpose in this section prescribed, which said assessment so adopted shall be the assessment for that year, and for the purposes of this article and the levy aforesaid shall be as valid and effectual as though it had been made under and according to the provisions of this article. It shall be the duty of the city register, assessor or other proper officer or officers in office at the time of said adoption, whose duty it is or was to take, receive or have in charge the statement of goods, wares and merchandise of merchants and tax- able premiums of insurance companies to furnish said statements to the city clerk aforesaid, at or before the tirst meeting of the council as herein provided, upon which said statements the taxes for the first fiscal year shall be levied as provided in this article ; and said levy shall have the snmo validity and effect that it would have had if said statements had been made under and ac- cording to the provisions of this article. After the levy afore- said the city auditor shall, in addition to his duties prescribed in section 17, cause said assessment to be transcribed into two as- sessment books, as named in said section, and in appropriate form. [R. S. 1899, Sec. 5572]. Sec. 17. Assessment to be delivered to auditor, when. — On the day next after the passage and approval of an ordinance levy- ing the taxes of any fiscal year the city clerk shall deliver to the city auditor the assessment for such year, and also a certified copy of such ordinance levying the taxes for that year. The auditor shall forthwith proceed to extend the taxes for the year upon the assessment books in appropriate columns therein to be left for that purpose; and shall also enter opposite each parcel of real estate in a column for that purpose any delinquent tax upon such i)ar- cel required by law to be so entered; and shall also extend upon said book against any parcel returned by the assessor as untaxed for any year, or years, the amount of the tax for such year or years for which the same was untaxed, according to the rate of taxation, as prescribed by ordinance for such year. In extending ART. IX. REVENUE. 79 the taxes upon personal property it shall only be necessary for the auditor to extend the same upon the gross amount assessed against each person. After so extending such taxes and entering the delinquent taxes required to be entered the auditor shall foot up the gross amount of all taxes as shown by the books, upon real estate, the amount of all taxes upon personal property, mer- chants' license taxes, foreign insurance companies' taxes and poll taxes for the fiscal year ; and also the gross amount of all said sev- eral kinds of taxes as shown by the books ; and also of all taxes for previous years for which property was untaxed, and finally shall foot up the gross amount of all taxes of whatever nature for the fiscal year and prior years, and delinquent taxes, and shall enter such footings in said books in their appropriate places ; and shall also make an abstract thereof at the end of the personal tax book. He shall then append to said books his certificate to the effect that the taxes therein contained are truly and correctly ex- tended and entered according to the assessment of the property, the ordinances levying the taxes for the fiscal year, and all laws and ordinances regulating such entries. The book containing the assessment and taxes upon real estate, when so extended and certified, shall be entitled and called "Land Tax Book of 19 — , " and the book containing the assessment and taxes upon personal property, merchants' licenses, foreign insurance companies and polls shall be entitled and called "Personal Tax Book of 19 — ^. " The auditor shall also make out licenses for each merchant taxed as such for the fiscal year in such form as may be prescribed by ordinance. The auditor shall, on or before the fifth day of May in each year, deliver the books and merchants' licenses for such year to the city collector, taking therefor his receipt, which re- ceipt shall state the gross amount of all such taxes contained in said books, and also the amount of each separate class of taxes as shown by the footings of the auditor of the same, which receipt the auditor shall safely keep in his office. [Laws of 1905, page 72]. Sec. 18. Tax books to show what. — The tax books shall show in one column the gross amount of such taxes against each parcel of real estate or on personal property against the owner or own- ers thereof. If any parcel of land has been or shall be bid off for the city for delinquent taxes, such taxes may be carried for- ward on any subsequent land tax book by entering and stating against the parcel of land the bidding off for the city, the year in 80 CHARTER. which it WHS clone, and the gross amount of the taxes for which it was sold, not including interests and costs, but a certificate of sale, based on such bidding off, may at any time be issued, after such entry, with the same force and effect as before. It shall not be necessary to name the owner of any real estate in any assess- ment, land tax book, notice, sale book, paper or document. [R. S. 1899, Sec. 5588]. Sec. 19. Tax upon merchants. — The tax to be levied upon merchants shall be levied at the same time and at the same rates as that levied upon real estate for the same fiscal year, and shall be collected bj' way of a license tax, and shall be assessed, levied and collected in the manner now or hereafter to be prescribed by ordinance not incons. stent with this article; and the council shall have power to pass such other ordinances for the assessing, levy- ing and collecting, and enforcing the payment of such license tax, not inconsistent with this article as they may deem necessary. [R. S. 1899, Sec. 5589]. (g) Sec. 20. Carrying forward delinquent tax lists. — In extend- ing the land tax book the city auditor shall make entries in prop- er spaces or columns against each lot or tract of land therein de- scribed of all unpaid delinquent taxes and special assessments on each lot or tract, so that the land tax book of each year shall be a record both of the taxes levied in the year in which the same may be made out, and also of all delinquent unpaid taxes and special assessments heretofore levied on each lot or tract of land de- scribed in the book, and the amount of back taxes paid for each year. Any other method than that prescribed in this section for carrying forward and entering in the land tax book, from year to year, delinquent taxes and special assessments may be used and shall be valid. In any book, notice, advertisement, certificate of purchase, deed, paper, receipt or doc- ument of any nature or description, made or executed under or pursuant to this article, it shall be sufficient to designate or de- nominate delinquent tax or special assessment as the taxes or special assessments of or for the calendar year in which the same may have been levied, although the same may have been levied for (g) Tax paid by merchant under this article, not a license tax, but a per- sonal property tax: Cape Girardeau v. Riley, 72 Mo. 220; Kansas City V. .Johnson, 'iS Mo. 661; State v. Bixman, 162 Mo. 65. ART. IX. REVENUE. 81 a fiscal year of the city covering parts of two calendar years. [R. S. 1899, Sec. 5591]. Sec. 21. Taxes to be paid, how.— No demand of taxes shall be necessary, but it is the duty of every person subject to taxation to attend at the office of the city collector, unless otherwise pro- vided by ordinance, at some time between the first day of May and the first day of September in each year and pay his taxes; and if any one neglects to pay them before the first day of September following the levy of the tax the same shall be delinquent and bear interest thereafter at the rate of twenty-four per centum per annum. [R. S. 1899, Sec. 5592] . (h) Sec. 22. Rebates on pre-payments. — Any person paying taxes for any fiscal year in the year for which such taxes were levied shall be entitled to receive, and it is hereby made the duty of the city collector to allow such persons a rebate on such taxes so paid, as follows : On all such taxes paid in the month of May a rebate of two per cent ; and on all such taxes paid in the month of June a rebate of one per cent; but no rebate shall be allowed on any such taxes paid after the month of June. [Laws of 1903, page 74]. Sec. 23. Taxes to be received on parts of lots and parcels.— The collector shall receive taxes on parts of any lot, piece or par- cel of real property charged with taxes: Provided, the person paying such tax shall furnish a particular specification of the part, and if the tax on the remainder of such lot or i^areel of real prop- erty shall remain unpaid it shall be the duty of such collector to enter such specification in the land tax book, to the end that the part on which the tax remains unpaid may be clearly shown. If payment is made on an undivided share or interest of real prop- erty such collector shall enter in the land tax book the name of the owner of such share, so as to designate upon whose and what (h) Taxes paid under mistake of law cannot be recovered. Couch v. Kansas City, 127 Mo. 4.36; but where a city had unlawfully extended its limits, and exacted of plaintiff the payment of a license tax, and police officers threatened him with immediate arrest and the closure of his place of business unless the taxes were paid, held that the payment of the license tax was not voluntary, but made under duress, and could be recovered back: Douglas v. Kansas City, 147 Mo. 428. Charter governs rate of interest on delinquent taxes: Kansas City v. Payne, 71 Mo. 159; Westport ex rel. v. McGee, 128 Mo. 152. 6 82 CHARTER. interest the tax has been paid. Any person may also pay the taxes or special assessments of any year or years on any lot or par- eel of real property, leaving unpaid any other taxes or special as- sessments on such real property appearing by the land tax book to be a charge on same : Provided, however, that the city collector shall not be bound to accept or receipt for any part of the taxes or of any special assessment of any year. [R. S. 1899, Sec. 5594]. Sec. 24. Receipt to be given on payment. — When any person shall pay any tax or special assessment it shall be the duty of the collector to sign a receipt therefor, specifying the name of the person for whom paid, the date and amount paid on each tract or parcel of real property, the amount paid on personal property, all interest and costs, if any, and the year or years paid for, which receipt the city collector shall immediately deliver to the city auditor, whose duty it shall be to countersign and deliver the same to the paj^er, first making therefrom a permanent record or account, showing all the facts to be stated in such receipt, as aforesaid, so that such record will show the amount collected by the city collector each day, and the rebates or interests and costs, if any, on the same. The city collector, upon receiving any tax or special assessment, shall, before delivering the receipt to the auditor, mark the same paid and date of payment in the proper tax book. If the city collector or city auditor shall fail or neg- lect to perform any of his duties, as prescribed in this section, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars, or by imprison- ment in the county jail not exceeding one year, or by both such fine and imprisonment. [R. S. 1899, Sec. 5595]. Sec. 25. Collections by distress. — If any taxes on personal property shall remain unpaid on the first day of September it is hereby made the duty of the city collector to make the same by distress and sale of the personal property not exempt from taxa- tion, and the personal tax book shall alone be sufficient warrant for such distress. When the city collector distrains goods he shall keep them at the expense of the owner, and shall give notice of the time and place of sale of the same within five days after the taking in the manner constables are required to give notice of the sale of personal property taken under execution; and the time of vale shall not be more than twenty days from the day of taking. ART. IX. REVENUE. 83 He shall enter upon the personal tax book a brief description of the property taken, and the amount for which the same was sold. The city collector shall render an account of the sale and charges to the owner, in writing, upon the same being demanded, and pay any surplus in his hands to such owner. [R. S. 1899, See. 5597]. Sec. 26. Delinquent taxes. — It is hereby made the duty of the city collector, as soon as taxes on personal property shall be delinquent, to proceed to collect the same by distress and sale, in the manner prescribed in section 25 ; and for this purpose it shall be his duty to appoint one or more deputies to aid and as- sist him in the speedy collection of such delinquent personal taxes. The city collector shall receive as a compensation for his services and expenses such sum as may be paid, by ordinance, on the amount of all delinquent personal taxes collected not exceed- ing five per cent, which percentage he shall collect from the de- linquent, together with the whole amount of delinquent taxes, interest and costs; and in making such collections should it be- come necessary to make the delinquent personal taxes by distress and sale he shall be entitled to receive the same compensation, in addition, as may be provided by ordinance, not to exceed the five per cent provided for in this section, as constables are entitled to receive for the sale of property on execution, and such other and further compensation as may be provided by ordinance of such city, which shall also be taxed as costs. [R. S. 1899, Sec. 5603]. Sec. 27. Collector may call assistance. — If the city collector, or any of his deputies, be resisted or impeded in the discharge of his duties, as provided in sections 5597 and 5603, R. S. 1899, he may require any suitable person to assist him therein ; and if such person refuse the aid such person shall forfeit a sum not exceed- ing ten dollars, to be recovered in a civil action in the name of the city, before the judge of the police court ; and the person resisting shall be liable in the same manner and to the same extent as in the case of resisting the sheriff in the execution of civil process. [R. S. 1899, Sec. 5599]. Sec. 28. Proceedings when taxpayers remove. — If any one against whom a personal tax is assessed, and which is due and unpaid, whether the same be delinquent or not, shall have removed out of the city, or shall be about to remove out of the city, or 84 CHARTER. shall have removed or be about to remove his personal property out of the city, it shall be the duty of the city collector lo ai once proceed to collect such personal tax by distress and sale of any personal property of such person that shall be found in such city, as provided in the preceding sections of this article for the dis- tress and sale of personal property for delinquent personal taxes, and shall receive the same fees and compensation therefor. [R. S. 1899, Sec. 5600]. Sec. 29. Shares of stock may be sold, when.— If any tax, in- terest or cost shall remain unpaid on the first day of September on any share or shares of any corporation, the shares of which are taxable under this article or any ordinance of the city, it shall be the duty of the city collector to sell such share or shares to the highest bidder, at public vendue, at his office in said city, giving ten days' notice of the time and place of sale, describing in such notice the share or shares to be sold, substantially the same as they are described in the personal tax book, with the name of the person or persons in whose name or names such share or shares are assessed; which notice shall be either printed or written and signed by the collector, and shall be posted up in four public places in the city. It shall be the duty of such collector to give the purchaser of any such shares a certificate, stating the fact that the person therein named purchased the share or shares therein described, describing them substantially in such certificate as they are described in the personal tax book. Any person or persons purchasing shares of stock in any such corporation at such sale shall be entitled to have such share or shares so purchased entered upon the books of such corporation as the share or shares of such purchaser, and he shall be deemed in law and equity as the abso- lute owner of sucli share or shares. If such share or shares so sold shall not sell for an amount equal to the tax, interest and costs thereon the city collector shall proceed to make the residue of such tax, interest and costs by distress and sale of the personal prop- erty not exempt from taxation, and in the same manner as herein- before provided for distress and sale of personal property of the owner or owners of such share or shares at the time such tax be- came a lien thereon. The city collector shall be entitled to charge and receive such per cent as may be fixed by ordinance on all de- linquent taxes collected under this section, which shall be charged up as costs and paid from the proceeds of the shares or other per- ART. IX. REVENUE. 85 sonal property sold as aforesaid. Nothing in this section shall be so construed as to prevent an action in the name of the city be- fore any court of competent jurisdiction against such corporation or any of the stockholders to recover any tax, interest and costs remaining unpaid on any share or shares of such corporation on or after September first. [E. S. 1899, Sec. 5601]. Sec. 30. Collector to furnish comptroller list of unpaid taxes. — It is the duty of the city collector, on the first Mon- day of November in each year, to make out and return to the comptroller of the city a full and complete list of all taxes on per- sonal property remaining unpaid, which list shall state the name of each person delinquent in the payment of his personal tax, which list shall be made out alphabetically. The collector shall make and subscribe an affidavit to be attached to said delinquent list named in this section, substantially as follows: I, , city collector of the city of do solemnly swear (or affirm) that the foregoing is a true and correct list of all the delinquent taxes on personal property remaining due and unpaid for the fiscal year. . . ; that I have made, or caused to be made, due search, and have been unable to find any goods or chattels in the city of either of the delinquents not exempt from taxation; that I have not through fear, favor or affection, neglected or refused to collect any portion of the delin- quent personal tax in said list by distress and sale of personal property. Which list of all taxes on personal property, and the affidavits thereto, shall be filed in the office of the city auditor. The delin- quent list of personal tax so returned shall be turned over to the city counselor, whose duty it shall be to proceed to collect the same by an action or attachment therein or other process of law, in the name of the city in any court of competent jurisdiction. He shall receive ten per cent on all sums collected on such delinquent list of personal tax, which shall be taxed u;^ as costs in the case, and collected as other costs, except that in no event shall the city be liable for the same. [R. S. 1899, Sec. 5602] . Sec 31. Taxes, when deemed delinquent.— On the first day of September in each year the unpaid taxes shall become delin- quent, and shall bear interest from that date at the rate of twelve per centum per annum, and taxes upon real property are hereby made a perpetual lien thereon against all persons. The city col- 86 CHARTER. lector is hereby authorized and directed to collect the delinquent taxes by the sale of the real property upon which the taxes are levied. The cit}^ collector shall continue to receive taxes after they become delinquent until collected by distress or sale. [Laws of 1905, page 74] . Sec. 32. The sale of real estate for taxes. — On the first Mon- day in October in each year the city collector shall offer at public sale, at his office in such cit}'', all real property on which taxes or special assessments shall remain due and unpaid, and such sale shall be made for the payment of the total amount of all taxes and special assessments, interest and costs due and unpaid for all years on such real property. [R. S. 1899, Sec. 5605]. Sec. 33. Notice to be given. — The notice to be given of the sale of real property for delinquent taxes shall state the time and place thereof, and contain a description substantially the same as in the land tax book of the several parcels of real property to be sold, and all delinquent taxes and assessments thereon, and such real property as has not been advertised and sold for the taxes of any previous year or years, and on which taxes or special as- sessments remain due and delinquent, and the amount of taxes and special assessments, interest and cost against each parcel of real property. [R. S. 1899, Sec. 5606]. Sec. 34. Notice, how given. — The city collector shall give the notice required in the last preceding section by causing the same to be published once in each week for three successive weeks in some newspaper published in such city, the last publication to be at least one day before the day of sale. The city collector shall charge and collect, in addition to the taxes and interest, a sum not exceeding ten cents on each tract of real property advertised for sale, or any sum not exceeding said amount, as may be provided by ordinance of such city. And if the city collector cannot pro- cure the publication of said notice for the sum herein specified, or as may be provided by ordinance as aforesaid, or if from any rea- son the city collector is unable to procure the publication of said notice, he shall post up written notices of said sale in the four most public places in such city at least three weeks before the sale ; and notice so given shall have the same force and effect as though the same had been published in a newspaper. In that ART. IX. REVENUE. 87 case he shall, before making the sale, file in the office of the city auditor a copy of said notice, with his certified endorsement thereon setting forth that said notice had been posted up in the four most public places in such city at least three weeks before the sale, which said certificate shall be subscribed by him, and sworn to before some person authorized to administer oaths. The city collector shall obtain a copy of said advertisement, together with a certificate of the due publication thereof, from the printer or publisher or business manager of the newspaper in which the same shall have been published, and shall file the same in the of- fice of the city auditor, and such certificate shall be substantially in the form that may be prescribed by ordinance of the city or by the comptroller. [R. S- 1899, Sec. 5607] . Sec. 35. Property, how sold. — The city collector shall, at his office in such city, on the day of sale, at the hour of ten o 'clock in the forenoon, offer for sale, separately, each tract or parcel of real property advertised for sale, on which the taxes, interest and costs or special assessments have not been paid, and shall continue the sale from day to day, between the hours of ten o'clock in the fore- noon and five o 'clock in the afternoon, as long as there are bidders or until the taxes are all paid. [R. S. 1899, Sec. 5608] . Sec. 36. The purchaser. — The person who offers to pay the amount of taxes, special assessments, interest and costs due on any tract or parcel of real property for the smallest portion of the same is to be considered the purchaser. The person purchasing any tract or parcel of real property, or part thereof, shall forth- with pay to the city collector the amount of taxes, special assess- ments, interest and cost charged thereon ; and on failure to do so the said tract or parcel of real property shall at once be again of- fered, as if no sale had been made. The person who will pay the tax, the special assessments, interest and costs for the least number of front feet or inches of any lot or parcel of real property, to be taken from either side thereof, the side to be designated by the bidder at the time he offers his bid, shall be deemed the purchaser for the smallest portion of such lot or parcel of real property. [R. S. 1899, Sec. 5609]. (i) (i) Roth V. Gabbert, 123 Mo. 30. 88 CHARTER. Sec. 37. When the whole of lot sold. — If no person bid for a less quantity than the whole of a lot or parcel of real property the city collector shall sell the lot or parcel of real property to any person who will take the whole of such tract, lot or parcel of real property, and pay the taxes, special assessments, interest and costs thereon. [R. S. 1899, Sec. 5610]. Sec. 38. Auditor to attend all sales. — The city auditor shall attend all sales of real property for taxes made by the city col- lector, and make a record thereof in a book to be kept by him for that purpose and designated Book of Sales, therein describing the several tracts or parcels of real property, on which the taxes, in- terest and costs were paid by the purchaser, as they are described in the advertisement on file in his office, and substantially the same as it is described in the Land Tax Book, stating, in separate columns the amount, as obtained from the Land Tax Book, of each kind of tax, interest and cost for each tract or parcel of real prop- erty, how much and what part of each tract or lot was sold, to whom sold and date of sale. The city collector shall also note in the Land Tax Book, opposite the tract or parcel of real property sold, the fact and date of such sale, and to whom sold. [R. S. 1899, Sec. 5611]. Sec. 39. Sale, when to be adjourned.— When all the parcels of real pro])erty advertised for sale shall have been offered and any portion thereof shall remain unsold for want of bidders, the city collector shall adjourn the sale to some day not exceeding two weeks from the time of adjournment, due notice of which shall be given at the time of adjournment, and also by keeping a notice thereof posted in a conspicuous place in his office, but no further advertisement shall be necessary. On the day fixed for the re- opening of the sale the same proceedings shall be held as provided hereby for the sale commencing on the first Monday in October ; and further adjournments shall be made, from time to time, not exceeding two weeks, and the sale shall be thus continued until the next regular annual sale, or until the taxes, interest and costs shall have been paid, unless such sale shall be discontinued by order of the comptroller as hereinafter provided. [R. S. 1899, Sec. 5612]. ART. IX. REVENUE. 89 Sec. 40. Property, when bought for city. — If any tract or parcel of real property cannot be sold for the amount of all the taxes, interest and cost thereon the city auditor shall, if so di- rected by the comptroller of the city, bid it off for the city for such amount. When any real property shall be bid off for the city as aforesaid, it shall be the duty of the city auditor to make a record of the same in the book of sales by stating such fact of sale to the city, and the date of the same ; but no certificate of sale shall be made, except as follows : Whenever any person shall pay the city collector a sum of money equal to the amount of all taxes, interest and costs, including costs of any suit that may be com- menced thereon on such parcel or parcels of real property at the time of such payment, the city collector shall give to such person a certificate dated the day when it is issued, describing the real property bid off for the city, as the same is described in the land tax book, stating the amount of each kind of tax, interest and costs for which was bid off to the city ; also the costs of any pro- ceedings thereon, if any ; the amount paid to the city collector by such person for such real property; the time when the owner of such certificate will be entitled to a deed, and shall number said certificate to correspond with the number of the parcel of real property in the land tax book, which certificate, before it shall be of any validity, shall be assigned to such person by the city auditor, who shall note the same on his book of sales; and such certificate, so assigned by the city auditor, shall vest all the inter- est of the city in or to such real property in such person, and such certificate shall be assignable to the same extent and in like man- ner as certificates given to purchasers at tax sales, and shall en- title such person to the same rights and privileges thereunder as if he had purchased the same at the tax sale : Provided, that any real property purchased for the non-payment of a tax illegally levied such purchase money shall be returned to such purchaser by the city ; and in all eases where taxes, or taxes and penalties, have been or may be hereafter paid through mistake to the city the city shall refund the same to the person so paying the same, or his agent. [R. S. 1899, Sec. 5613] . Sec. 41. Auditor not attending sale, penalty.— If the city auditor or city collector shall fail to attend any sale of real prop- erty as required by this article or any ordinance of such city, either in person or by competent deputy, he shall be liable to a 90 CHARTER. fine of not less than one himdred or more than five hundred dol- lars, to be recovered in an action in the name of such city, before the judge of the police court, against the city auditor or city collector, as the case may be, and his bondsmen; and if such city collector or his deputy shall sell or assist in sell- ing any real property on which the taxes or special assessments for which the same is sold have been paid, or shall execute and de- liver a deed for real property which has been redeemed in accord- ance with the provision of this article or any ordinance of such city, or for real property for which the amount required to re- deem the same has been duly tendered him before the execution and delivery of the deed of the same, in either of said cases the city collector, through whose negligence in the discharge of his official duties such injured party is damaged, and his bondsmen, shall be liable to such injured party to the amount of any judg- ment that may be rendered against him under the provisions of this article in any action by or against such injured party, involv- ing or in any manner calling in question the sale of such real prop- erty for taxes, or the title thereby conveyed or purporting to be conveyed to the purchaser at such tax sale, his heirs or assigns, in any court in this state, and for any and all amounts such injured party may be compelled to pay to redeem such real property so sold, together with interest at the rate of two per cent a month on the amount such injured party pays on such judgments or to redeem such real property so sold from the time of such payment ; and such injured party shall be entitled to recover reasonable at- torney fees for prosecuting any action against such collector and his bondsmen in cases where such injured party recovered judg- ment. [R. S. 1899, Sec. 5614]. Sec. 42. Sale, when made in November. — If from neglect of any officer of the city, or any other cause, real property cannot be duly advertised and offered for sale on the first Monday of Octo- ber, then the city collector shall make the sale on the first Mon- day of November, allowing time for publication, as provided in this article. [R. S. 1899, Sec. 5615]. (j) Sec. 43. Certificate of purchase to be made to purchaser. — The city collector shall irutke out, sign and deliver to the purchaser (j) Roth V. Gabbert, 123 Mo. 21. ART. IX. REVENUE. 91 of any real property sold for payment of taxes, as provided for in this article or by ordinance of such city, a certificate of purchase, describing the real property on which the taxes, interest and costs were paid by the purchaser, substantially as the same was described in the land tax book, and also how much and what part of each tract or lot was sold, stating the amount of each kind of tax, interest and costs for each tract or lot for which the same was sold, and that payment had been made therefor. If any per- son shall become the purchaser of more than one parcel of real property he may have the whole included in one certificate of purchase, but each parcel shall be separately described. The certificate of purchase aforesaid shall be assignable by indorse- ment, and an assignment thereof shall vest in the assignee all right, title or interest of the original purchaser. [R. S. 1899, Sec. 5616]. Sec. 44. Duplicate receipts to be issued. — The city collector shall make out, sign and deliver to the purchaser of any real property sold for taxes as aforesaid duplicate receipts for any and all taxes, interest and costs paid by such purchaser for subse- quent year or years, one of which receipts such purchaser shall present to the city auditor, whose duty it shall be to file such re- ceipts in his office, and enter a memorandum thereof upon the book of sales. When such purchaser shall pay any state or county tax on any parcel of real property, whether levied before or after the date of the certificate of purchase, sold for taxes as provided in this article, after the date of his certificate of pur- chase, it shall be the duty of the officer receiving the same on such certificate of purchase being exhibited to such officer to make out and deliver to such purchaser duplicate receipts, which receipts shall show the amount of tax paid on each separate parcel of real property named in such certificate of purchase, one of which du- plicate receipts such purchaser shall present to the city auditor, whose duty it shall be to file the same in his office and enter a memorandum upon the book of sales in its appropriate column op- posite each parcel of real property named in such duplicate re- ceipts the amount of tax paid on such parcel, and the date of such payment. The' city auditor shall in like manner enter a memorandum upon the book of sales of any special tax or tax bill paid by such purchaser after the date of his certificate of pur- chase, upon such purchaser exhibiting to him the receipt or proper 92 CHARTER. voucher, showing the payment of such tax or tax bill, the amount and date of its payment, the particular tract or parcel of real property on which paid, and shall deliver to the auditor a copy of such receipt, which, when certified to as a true copy by the auditor, he shall file in his office. [R. S. 1899, Sec. 5617]. Sec. 45. Property may be redeemed. — Real property sold under the provisions of this article, or any interest in such real property, may be redeemed by the owner, his agent or attorney at any time within two years from the first day on which such real property was advertised for sale, or at any time before the execution and delivery of the tax deed, to the purchaser at the tax sale, his heirs or assigns, by the payment to the city collector of the amount for which such real property was sold, and ten per centum of such amount immediately added as a penalty, with twenty-four per cent interest per annum on the whole amount thus made from the day of sale ; and also the amount of all taxes^ state, county or municipal, general or special, paid by the pur- chaser, his heirs or assigns, after the date of the certificate of purchase, and a like penalty of ten per centum added as before on the amount of each of such payments, with twenty-four per cent interest per annum on the whole of such amount or amounts from the day or days of payment. [R. S. 1899, Sec. 5618] . Sec. 46. How redeemed. — The city auditor shall, upon appli- cation of any person wishing to redeem any real property sold for taxes under the provisions of this article or any ordinance of such city, give to such person a statement setting forth the amount re- quired to redeem each tract or parcel of real property described in such statement. Upon such person filing such statement with the city collector, and paying to such collector the amounts therein named, it shall be the duty of the city collector to give such person duplicate certificates of redemption therefor, one of which shall be countersigned by and the other filed with the city, auditor, whose duty it shall be to make entry opposite the tract or parcel of real property redeemed on the proper book of sales in his office, showing the amount paid to redeem the same, the time when and by whom such redemption was made, and shall charge the city collector with such amount. The city collector shall make like entries in the proper land tax book in his office. ART. IX. REVENUE. 93 No certificate of redemption shall be valid or received in evidence without being countersigned by the city auditor as aforesaid. [E. S. 1899, Sec. 5619 [. Sec. 47. Redemption of property of minor. — The real prop- erty or any interest therein of any minor or lunatic sold for taxes under the provisions of this article may be redeemed at any time within one year after such disability is removed in the manner specified in the following section, or such redemption may be made by the guardian or legal representatives, under the two last preceding sections, at any time before the execution and de- livery of the tax deed. [R. S. 1899, Sec. 5620] . Sec. 48. Redemption after deed made. — Any person entitled to redeem real property sold for taxes under the provisions of this article, after the execution and delivery of the deed for the same, shall redeem the same by an equitable action, in which all per- sons claiming an interest in the land desired to be redeemed from the tax sale, as shown by the records, shall be made defendants, and the courts shall determine all rights, claims and interest of the several parties, including all liens for taxes and special as- sessments, interest and costs as provided in this article, and claims for improvements made on the real property by any per- son or persons claiming under the tax title : Provided, that any person seeking to redeem shall, before he shall be permitted to commence or prosecute his action, deposit with the clerk of the court in which the action or proceeding is commenced, an amount sufficient to pay the party claiming under the tax deed the amount paid at the tax sale for the real property in controversy; also the amount or amounts of all taxes, state, county or municipal, general or special, paid by the purchaser at the tax sale, or those claiming under or through him after the date of the certificate of purchase, with penalty added as provided in this article, with interest on all said amoiints at the rate of twenty-four per cent per annum from the date or dates of such payment. [R. S. 1899, Sec. 5621]. Sec. 49. Redemption funds to be paid into the treasury. — All moneys received by the city collector for the redemption of real property shall be at once paid into the city treasury, to be 94 CHARTER. paid out to the purchaser of such real property, his heirs or as- signs, on the delivery to the city auditor of the certificate of pur- chase, who shall file the same in his office (if all the real property included therein be redeemed, and if not, he shall mark those re- deemed "canceled," and return such certificate to the owner thereof), and draw a warrant upon the city treasury in favor of the party entitled to such redemption money for the amount thereof, which warrant, before it shall be paid, shall be counter- signed by the comptroller. If no person entitled to such redemp- tion money shall, within two years after the same is paid to the city collector, appear and claim the same all such moneys not so claimed shall be forfeited to the city. [R. S. 1899, Sec. 5622] . Sec. 50. Redemption when city is purchaser. — Any person desiring to redeem any real property bid off for the city for delin- quent taxes at any tax sale may redeem the same by the payment to the city collector of all taxes, interests and costs due thereon. In any case where any person shall redeem more than one parcel of real property at the same time he may require the city col- lector to include the same in one certificate of redemption. [R. S. 1899, Sec. 5623]. Sec. 51. Unredeemed property to be advertised. — The city collector, at least four months before the expiration of the time limited for redeeming real property, as provided for in this arti- cle, shall cause to be published in some newspaper published in such city, once a week for at least three successive weeks, a list of all unredeemed real property, describing each tract or lot sub- stantially the same as it was described in the land tax book, stat- ing the amount of taxes, penalty, charges, interest and costs, cal- culated to the last day of redemption, due on each tract or lot, together with a notice that unless such real property be redeemed on or before the day limited therefor, they will be conveyed to the purchaser, his heirs or assigns. The cost of such advertise- ment shall be charged to the party redeeming, or, if not redeemed, to be charged to the person receiving the deed ; but the cost of such advertisement shall in no case exceed twenty cents on each parcel of real property so advertised. [R. S. 1899, Sec. 5624]. Sec. 52. Certificate of publication. — The city collector shall obtain a copy of the advertisement required in the last section, ART. IX. REVENUE. 95 together with the certificate of the due publication thereof, from the printer, publisher or manager of the newspaper in which the same shall have been . published, and shall file the same in the office of the city auditor; and such certificate shall be substan- tially in the form to be prescribed by ordinance of such city : Provided, that no informality or defect in such advertisement, or any failure to make such advertisement or certificate, shall in any manner invalidate the sale made for taxes or the deed made for any real property sold for taxes. [R. S. 1899, Sec. 5625]. Sec. 53. Deed, when to be made. — If any real property sold for taxes under the provisions of this article shall not be re- deemed within two years from the first day on which it was ad- vertised for sale it shall be the duty of the city collector, on pre- sentation to him of the certificate of purchase, to execute in the name of the city, under his hand and the seal of the city, to the purchaser, his heirs and assigns, a deed of the real property de- scribed in such certificate of purchase remaining unredeemed, as shown by such certificate of purchase, and shall acknowledge such deed and deliver the same to the grantee, which deed shall vest in the grantee an absolute estate, in fee simple, in the real property described therein, free from any and all incumbrances of whatsoever kind or nature, subject, however, to all unpaid taxes which are a lien thereon. The deed executed under this article shall be called a tax deed ; shall be acknowledged and re- corded in the same manner that other deeds and conveyances of real property are required to be acknowledged and recorded by the laws of this state. The city collector shall be entitled to de- mand and receive from the grantee in such deed, before the deliv- ery of the same, a fee of one dollar, which shall include the cost of taking the acknow^ledgment of the same. Any number of parcels or lots of real property bought by the same person may be in- cluded in one deed, if so reqviired by the purchaser : Provided, however, the city collector shall be entitled to an additional fee of ten cents for each parcel of property, included in such tax deed exceeding ten in number. [R. S. 1899, Sec. 5626]. Sec. 54. Form of deed. — The tax deeds executed by the city collector shall be substantially in the following form : Know all men by these presents, that, whereas, the following described real property, viz : 96 CHARTER. , situate in the city of , in the county of and State of Missouri, was subject to taxation for the year (or years) A. D. 18 ; and whereas, the taxes assessed upon said real property for the year (or years) aforesaid, remained due and unpaid at the date of the sale hereinafter mentioned; and whereas, the city collector of said city of , did on the day of , A. D. 18 , by virtue of authority in him vested by law, at (an adjourned sale) the sale begun and publicly held on the first Monday of , A. D , the first day on which such real property was advertised for sale, expose to public sale at the office of the city collector in the city of aforesaid, between the hours of ten o'clock in the forenoon and five o'clock in the afternoon, in conformity with all the requisitions of the statute in such case made and provided, the real property above described for the pay- ment of taxes, interest and costs then due and unpaid upon said real property; and whereas at the place aforesaid, A B of the county of , and state of , having offered to pay the sum of dollars and cents, being the whole amount of taxes, interests and costs then due and remaining xmpaid on said real property for (here insert description of property sold, describ- ing each tract or parcel separately), which was the smallest portion bid for, and payment of said sum having been made by him to said city col- lector, the said property was stricken off to him at that price; and where- as, the said A B , did, on the day of A. D , duly assign the certificate of purchase of the property, as aforesaid, and all his right, title and interest to said real property to E F , of the county of and State of ; and whereas, two years have elapsed since the first day on which said real property was advertised for sale, and the said property has not been redeemed therefrom, as provided by law; and whereas, the city collector of the city of aforesaid did, at least four months before the expiration of the time limited for redeeming said real property, publish a notice, as required by the statute in such case made and provided, that unless said real property was redeemed on or before the day limited therefor, it would be conveyed to the purchaser, or his heirs or assigns: Now, therefore, I , city collector of the city of , county and state aforesaid, for and in consideration of the sum of dollars and cents, taxes, in- terest and costs due on said real property, for the year (or years) to the city collector of said city of ,( paid as aforesaid,) and by virtue of the statute in such case made and provided, have granted, bar- gained and sold, and by these presents do grant, bargain and sell unto said A B , (or E F ), his heirs and assigns forever, subject, however, to all rights of redemption provided by law. In witness whereof, I, collector of the city of , as aforesaid, have hereunto subscribed my name and affixed the corporate seal of the city of this day of , A. D [Seal] , city collector of the city of ART. IX. REVENUE. 97 Said deed shall be signed by the city collector, in his official capacity, with the seal of the city affixed, and acknowledged be- fore some officer authorized to take the acknowledgments of deeds, and when substantially thus executed and recorded, shall be prima facie evidence in all courts of this state in all controver- sies and suits in relation to the rights of the grantee in said deed, his heirs and assigns, to the real property thereby conveyed or purporting to be conveyed; that the taxes were not paid at any time before sale ; that the real property conveyed was subject to taxation for the year or years stated in the deed; that the real property conveyed had not been redeemed from the sale at the date of the deed; that the tender of redemption had not been made to the city collector before the execution and delivery of the deed; that the real property conveyed had been duly assessed for the year or years named in the deed; that the taxes were levied according to law ; that the real property conveyed was duly advertised for sale ; was duly sold for taxes, as stated in the deed ; that the manner in which the assessment, levy, notice and sale were conducted was in all respects regular and as the law di- rected; that the grantee named in the deed was the purchaser, or that the certificate of purchase had been duly assigned to the grantee ; that all the prerequisites of the law and ordinances of the city of were complied with by ajl the officers who had or whose duty it was to have had any part or action in any transaction relating to or affecting the title conveyed, or purporting to be conveyed, from the assessment of real property up to the execution of the deed, both inclusive ; and t^iat all things whatsoever required by law to make a good and valid sale, and to vest the title in the purchaser, were done, except only in regard to the points named in this section, wherein the deed shall be prima facie evidence only. [R. S. 1899, Sec. 5627]. (k) (k) Omission of recital that sale was "publicly" held is substantial defect: Bingham v. Birmingham, 103 Mo. 345; Sullivan v. Donnell, 90 Mo. 278. Omission of words "for the payment of taxes, interest and costs then due and unpaid on said real property," is a fatal defect in deed: Hopkins V. Scott, 86 Mo. 140. Only necessary that tax deed shall substantially comply with statutory form: Skinner v. Williams, 85 Mo. 489; Sullivan v. Donnell, 90 Mo. 278; Pitkins v. Reibel, 104 Mo. 505; Gregg v. Jessberg, 113 Mo. 34; Atkinson v. Butler Improvement Co., 125 Mo. 573. Tax deed must show separate sale of each tract: Allen v. Buckley, 94 Mo. 158. Sufficiency of description: Roth v. Gabbert, 123 Mo. 21. 7 98 CHARTER. Sec. 55. What proof necessary to defeat tax deed. — In any suit or proceeclmg- involving or in any manner calling in question the title or right of the grantee in a tax deed, or those claiming under him, of, to or in the real property conveyed or purporting to be conveyed by such tax deed, executed substantially as pro- vided in the preceding section, the person claiming title adverse to the title conveyed or purporting to be conveyed by such tax deed shall be required to prove, in order to defeat the tax deed, either that the taxes, interest and costs were paid before the sale ; that the real property therein described was not subject to taxa- tion for the year or years stated in the deed ; that the real prop- erty therein described had been redeemed from the sale at the date of the deed, or the tender of the redemption money had been made to the city collector before the executing and delivery of the deed, in accordance with the provisions of this article : and that such redemption was had, or attempted to be had for the use and benefit of the person having the right to redemption under this article; and if any person claiming title under a tax deed, executed substantially as provided for in the preceding section, shall be defeated in any suit or proceeding by or against him for the recovery of the real property conveyed or purporting to be conveyed by such tax deed, the successful claimant shall be ad- judged to pay such person claiming under such tax deed the full amount of all money paid by the purchaser at the tax sale for such real property, and ten per centum of such amount imme- diately added as a penalty, with twenty-four per cent interest per annum on the whole amount made from the day of sale ; and also the amount of all taxes, state, county or municipal, general or special, paid by the purchaser, his heirs or assigns, after the date of the certificate of purchase, and a like penalty of ten per centum added as before on the amount of each of such payments, with twenty-four per cent interest per annum on the whole of such amount or amounts so made from the day or days of payment, together with the costs of tax deeds and fees for recording the same, and all costs in the case, which judgment shall be a lien upon the real property in controversy, and shall bear interest at the rate of twenty-four per cent per annum, and may be enforced by execution as in other eases of judgments and decrees of such court. [R. S. 1899, Sec. 5628]. (1) (1) May recover taxes and assessments paid when tax deed substan- tially defective: Bingham v. Birmingham et al., 103 Mo. 345; Taft v. ART. IX. REVENUE. 99 Sec. 56. Suit to be commeiiced, when. — Any suit or pro- ceeding against the purchaser at a tax sale, his heirs or assigns, for the recovery of the real property or any interest therein sold for taxes, or to defeat or avoid a sale or conveyance of real prop- erty sold for taxes under the provisions of this article, shall be commenced within three years from the time of recording the tax deed, and not thereafter : Provided, that when the person claim- ing to own such real property, or any interest therein, shall be an infant or lunatic, such suit may be brought at any time within one year of the removal of such disability, to recover the interest only of such infant or lunatic in such real property. [R. S. 1899, Sec. 5629]. (m) Sec. 57. Limit for recording of deeds. — Unless the holder or owners of certificates of purchase of real estate purchased at any tax sale under this article take out the deed or deeds, as per- mitted or contemplated by this article, and have such deeds re- corded within two years from and after the time for redemption expires, the said certificates or deeds, and the sales on which they are based, shall, from and after the expiration of such two years, be absolutely null, and shall constitute no basis of title, and shall cease to be a cloud on the title to the real estate to which such certificates refer. [R. S. 1899, Sec. 5630]. Sec. 58. Effect of recording tax deeds. — -Any person putting on record a tax deed, executed substantially as provided for in this article, shall be deemed to have set up such a title to the real property described in such deed as will enable the party claiming to own such real property to maintain an action for the recovery of the possession thereof against any person claiming under the tax deed, whether such person is in actual possession of the lands or not ; and such tax deed shall be received in evi- dence without further evidence to sustain such conveyance or the title thereby acquired. [R. S. 1899, Sec. 56:31]. (u) McCullock, 135 Mo. 594; Pitkin v. Reibel, 104 Mo. 505; Burke v. Brown, 148 Mo. 309. (m) Three years' limitation valid: Hill v. Atterbiiry, 88 Mo. 114; Bird V. Sellers, 122 Mo. 23. (n) This section applies only where the land is vacant: Callahan v, Davis, 90 Mo. 78; S. C. 103 Mo. 444; Allen v. White, 98 Mo. 55. 100 CHARTER. Sec. 59. Taxes paid may be recovered, when. — In any case taxes are paid bj' any party whose lands are or may be in con- troversy in any court, and the party so paying shall fail to recover said lands, or be dispossessed of the same, he shall be entitled to collect from the party recovering the taxes so paid, with interest at ten per cent per annum from date of payment ; and the taxes so paid shall be a lien on any such real property. [R. S. 1899, Sec. 5632] . Sec. 60. Title shall not fail, when.— No title or lien to, in or on any lot or tracts of land, or right to any relief, matter or thing under or by virtue of any tax sale, certificate of purchase, pay- ment of any taxes, special tax bills or special assessments subse- quent thereto, or tax deed, shall fail, if any one or more of the taxes for special assessments, for payment of which the sale shall be made, or the certificates of purchase issued, shall be valid and a lien upon the land, but such title, lien and right shall be deemed to rest on and be supported by the valid tax or taxes, special as- sessment or special assessments paid by the sale, or as stated in the certificate of purchase ; and such title, lien or right shall, except as otherwise provided in this article, be the same as if the sale had been made or the certificate of purchase issued solely to pay or in payment of the valid tax, taxes, assessment or assess- ments ; nor shall any such title, lien or right be vitiated or af- fected on account of errors in stating or extending the amount of any tax or special assessment, making the same too large or too small, as to any lot or tract of land in any book, certificate, re- ceipt, deed, paper, notice or other document. [R. S. 1899, Sec. 5633]. Sec. 61. Comptroller may abate tax, when. — The comptroll- er may, at any time prior to the sale of any lot or tract of land or personal property, for delinquent taxes or special assessment, abate any particular tax or special assessment entered in any tax book, because the same has been paid, or for mistake in entering them against the wrong lot or traet, or in case of any personal tax against the wrong person, and correct any mistake as to the amount of any tax or special assessment so entered. He shall, in each ease, make a permanent record of his action in making such abatements and corrections; and the auditor shall at once note such action on the proper land book and other proper rec- ART. IX. REVENUE. 101 ords of the city in such a way as to show clearly what has been done and when, but without altering or raising the prior entries of taxes and special assessments in the book or record. [R. S. 1899, See. 5634]. Sec. 62. Liberal construction to be ^ven, when. — Each as- sessment, land tax book, personal tax book, notice, advertise- ment, book of sales, certificate of purchase, deed, paper and docu- ment of every nature and description made or executed under or pursuant to this article shall be liberally construed to affect the purposes and object of this article, and in determining the va- lidity thereof. No error or irregularity in any assessment, land tax book or personal tax book, notice, advertisement, certificate of purchase, deed, paper or document aforesaid relating to the assessment, levy or collection of the taxes of the city shall in any manner affect or impair the validity of any tax or any sale or other proceedings for their collection. This article shall be taken and held a full and sufficient notice of all acts and proceedings for assessments, levying and collecting of the taxes and special assessments of such city. [R. S. 1899, Sec. 5635] . Sec. 63. Descriptions by reference, etc. — Any and all de- scriptions of real estate, acres, blocks, lots or any fractions or parts thereof, and any and all dates, years and valuations, taxa- tions, taxes, interest, costs, penalties, numbers, quantities or amounts in any assessment, land tax book, personal tax book, advertisement, notice, book of sales, certificate of purchase, deed, paper or document of any nature or description, made or executed under or pursuant to this article, shall be sufficient and valid when made or stated, in whole or in part, in abbreviations or con- tractions of words, letters, characters or figures, as provided, and for purpose similar to those mentioned in "An act entitled an act concerning the assessment and collection of the revenue," ap- proved March 30, 1872 [R. S. 1899, Sec. 9328], and when so made or stated shall be deemed and held to be fully and fairly made and stated, as though the same had been written out in full. In describing real estate for any purpose contemplated in this arti- cle, any lot or tract may be described, as far as practicable, by reference or according to any map or plat or record of the same, in the recorder's office of such county, on which the lot or tract may be shown or designated. Lots and tracts covered by or 102 CHARTER. shown on any such map or phit, or record thereof, shall, as far as practicable, be described consecutively in any assessment, land tax book, notice, advertisement and book of sales, and when the name or designation of any such map or plat, or call therefor, or the record thereof, in the way the same would be sufficiently or may be commonly known or called for in deeds of conveyance made hy private persons of lands shown or designated on the map or plat, or record thereof, shall be inserted, wholly or partly across the space or part of any page of any assessment, land tax book, advertisement, notice or sale book made for description of real estate, such name or designation or call shall be deemed and taken to be part of the description of each lot or tract of land fol- lowing on the same page, without repetition thereof in the de- scription of each lot or tract, and to indicate that the lots or tracts so following are in the parcel of land covered by the map or plat or record thereof referred .to or called for, until such a descrip- tion is inserted as to indicate that it is of real estate not covered by the map or plat or record thereof so called for. Any and all descriptions of real estate in any assessment, land tax book, book of sales, advertisements, notice, certificates of purchase, receipts, deed, paper or documents of any nature or description made or executed under or pursuant to this article, when so made that the lot or tract intended may be identified or located, shall be deemed and held good, valid and complete, as though the same had been written out in full. [R. S. 1899, Sec. 5636]. (o) Sec. 64. Penalty for official dereliction. — If any assessor, city clerk, city auditor, city collector or other officer shall fail to perform any duties imposed on him by this article, in the time herein prescribed, such officer shall forfeit and pay to such city, for such failure to perform such duty on the day required, the sum of twenty-five dollars, and for every day after the first day on which he shall so fail to perform such duty shall forfeit and pay to the city an additional sum of twenty-five dollars, to be recovered of him and his sureties, in an action on his official bond, in the name of the city; but such failure to do any act or make any return on any prescribed day shall in no manner affect the validity of such act if done afterwards. [R. S. 1899, Sec. 5637]. (o) Notice of sale not invalid because it fails to state the city or county in which property is situated; Comfort v. Ballingal, 134 Mo. 281. ART. IX. REVENUE. 103 Sec. 65. Sale, when discontinued. — When all the parcels of real property advertised for sale have been offered for sale, in ac- cordance with the provisions of this article, and any portion thereof shall not be sold for want of bidders, it shall be the duty of the city collector to report such fact to the comptroller, who, if he deems it to the best interest of the city, may discontinue such sale, instead of having such sale adjourned as hereinbefore pro- vided, and the action of such comptroller, in discontinuing such sale, shall not be called in question in any action to enforce the collection of delinquent taxes by suit, as hereinafter provided. [R. S. 1899, Sec. 5638]. Sec. 66. Suits for taxes. — When any sale of real estate shall be discontinued, as hereinbefore provided, or when any real es- tate has been bid off for the city, as before provided, and also in all cases when taxes have become delinquent before the passage of this article, suit may be brought in the name of such city to enforce the collection of such taxes, general or special, with inter- est, cost and penalties thereon in any court of competent jurisdic- tion. It shall be sufficient to state, in the petition or other state- ment of the cause of action in any such case, the amount of the tax, the rate of interest and date from which it is claimed, the property upon which it is a charge, the owner thereof, and the year or years for which the same is levied; or if a special tax, the date and title of the ordinance under which it is levied, and that such tax has not been paid. In suits for the collection of taxes on personal property it shall be sufficient to state the amount of tax, interest and costs, and penalty claimed, the year or years for which it was levied, the owner of the personal prop- erty, and that the tax has not been paid. [R. S. 1899, Sec. 5639]. Sec. 67. What necessary to establish in tax suit— judgment — amount. — In all suits for the collection of taxes on personal property by the city counselor it shall be sufficient to state the amount of tax, interest, costs and penalty claimed, the year or years for which it was levied, the name of the owner of the per- sonal property, and that the tax has not been paid. The judg- ment, if for the plaintiff, shall be that plaintiff recover the amount found due, with interest and penalties, as now provided by law; also all costs of suit, and that the same is a first lien on the goods and chattels of such person, and none of the personal property of 104 CHARTER. such person shall be exempt from levy and sale to satisfy execu- tion under said judgment. The judge of police court and justices of the peace shall have jurisdiction in all cases for the collection of personal taxes where the amount does not exceed three hun- dred dollars. [R. S. 1899, Sec. 5598). Sec. 68. Who shall be made defendants. — It shall be suffi- cient to make those persons having an interest in the property at the commencement of the suit defendants, but those who are made defendants shall be bound, and a sale thereunder shall con- vey all the right, title and interest of such as are made defend- ants, though all persons who have an interest are not made de- fendants or parties thereto. The judgment for taxes, interest, costs and penalties thereon shall have priority over all other liens or incumbrances. [R. S. 1899, Sec. 5640] . Sec. 69. Judgment. — The judgment, if for plaintiff, shall be that plaintiff' recover the amount found due and costs of suit, to be levied of the real estate against which the tax is charged. Such judgment shall bear the same rate of interest as did the tax at the date of the judgment, and execution shall issue on judgments in conformity therewith, and the sale under such judgment and execution issued thereon shall be absolute and free from any re- demption. [R. S. 1899, Sec. 5641]. Sec. 70. General and special taxes may be included in one suit. — When there are general and special taxes, or more than one year's general tax due the city upon any parcel of property, they may all be included in one suit, and when taxes on more than one parcel of land owned by the same person or persons are due all such parcels may be included in one suit. Owners of undi- vided interests may be sued jointly or severally, and each, to- gether with his interest, charged with the proper proportion of the tax, though such tax may have been assessed as a whole. When any parcel of land has been included in the assessment of a larger parcel or tract such smaller parcel shall be charged with its fail and just proportion of the tax, which shall be determined by the court. The owners of the whole of the larger parcels may be made defendants, and each parcel charged with a proper share of the tax, or the owners of any one or more of the smaller par- cels may be sued separately. In all such cases the several taxes ART. IX. REVENUE, 105 and parcels of land may be set out in one cause of action, and judgment entered against each parcel for the tax, interest, cost and penalties found due thereon. [R. S. 1899, Sec. 5642] . Sec. 71. Courts having jurisdiction in suit for taxes. — The judge of the police court of such city shall have exclusive juris- diction in all cases for the collection of taxes due the city when the amount does not exceed the sum of three hundred dollars ($300.00) and the defendant has been served with summons, and judgment shall be as heretofore prescribed. No executions shall be issued by the judge of the police court, but upon filing the transcript of such judgment in the office of the clerk of the cir- cuit court of such county at such city, such clerk shall record the samean the book kept for recording transcripts of judgments be- fore justices of the peace, and shall also enter such judgment in the judgment docket of such court, and executions shall issue thereon in conformity with such transcript of judgment. In all such suits before the judge of police court the summons shall be directed to the chief of police and served by him or the police officer in the name of the chief of police. In cases of appeal by either party from the judgment rendered by said police court the appeal shall be to the circuit court of such county in which said city is situated, which circuit court shall have appellate jurisdic- tion thereof, as in cases appealed from justices of the peace. [Laws of 1905, page 75]. Sec. 72. Practice to be as in civil cases. — The proceedings in such suits for the collection of taxes shall, in all respects not herein provided for, conform as near as may be to the practice and procedure in civil cases, including the sale under executions and making deed to purchaser: Provided, that in advertising property for sale under such executions it shall not be necessary to publish such advertisement in more than one newspaper. [R. S. 1899, See. 5644]. Sec. 73. Tax books to be evidence. — The tax book and all other books and papers made or kept by the auditor, collector, as- sessor or other officers of the city, in any manner relating to any tax, shall be received in all courts as evidence of all the facts stated therein, and of the validity of the tax, costs, interest and penalty therein appearing, and a copy of so much of any of the 196 CHARTER. aforesaid books and papers as relates to the tax in question, cer- tified to by the auditor or any other officer of said city having the same in charge shall be received in evidence in like manner and with like etfect. [R. S. 1899, Sec. 5645]. Sec. 74. Attorney's fee. — An attorney fee of ten per centum on the amount of the judgment shall be taxed up as costs in every proceeding for the collection of delinquent taxes under this arti- cle. Such amount of ten per centum shall be taxed and collected as other costs in the case : Provided, that no such fee shall be paid till the judgment and other costs in the case are paid. [R. S. 1899, Sec. 5646]. Sec. 75. Certain terms explained. — The terms real property, real estate and land, where used in this article, shall include not only the land itself, but all buildings, fixtures, improvements, rights and privileges appertaining thereto. The term personal property shall include every tangible thing which is the subject of ownership, not forming a part or parcel of real property, and where used in this article in their general sense shall include all taxable property other than real property. The words he, his or him, when so used as to refer to a female, shall be held to mean she, hers or her, and when so used as to refer to more than one person, they, their or them, as the sense may require. The word tax or taxes, where used in this article, or any deed or paper made or executed under the provisions of this article, shall be held to mean all taxes, general or special, and special assessments, as the sense may seem to require. The word person shall be held to mean and include a firm, company or corporation, as the sense may seem to require. The term tax book, where used in this ar- ticle without either of the qualifying words personal or land, shall be held to mean and include personal tax book and land tax book, as the sense may seem to require. The word merchant or merchants, where used in this article, shall be held to mean and include every person or copartnership of persons who shall deal in the selling of goods, wares and merchandise, including clocks, at any store, stand or place occupied for that purpose in such city. [R. S. 1899, Sec. 5647] . ART. X. INDEBTEDNESS. 107 ARTICLE X. INDEBTEDNESS— BONDS. Section Sect 1. Cities allowed to incur indebt- 11. ness. 12. '1. Election to be held, notice. 3. Ballots, form of. 13. 4. Bonds to issue, when, terms of. 14. 5. Provisions of this article, scope of. 15. 6. Indebtedness not to be incurred. 16. 7. May issue bonds for improve- 17. ments. IS. 8. Ordinance therefor. 9. Certificate of circuit judge. 19. 10. Notice of election. 20. rioN Form of ballot. If adopted, certificate of circuit judge. Form of bond. Bonds tu be signed and regis- tered. Sale of bonds. Taxes to pay bonds. Bonds to be numbeied. Bonded indebtedness, may be funded, proceedings necessary. Form of ballot. Duty of county court. Section 1. Cities allowed to incur indebtedness. — The va- rious cities, towns and villages in this state, v^^hether organized by special charter or under the general laws of the state, may contract a debt or debts in excess of the annual income and reve- nue for any such year, for any purpose authorized in the charter of such city, town or village, or by any general law of the state, upon the assent of two-thirds of the legal voters of such city, town or village voting at an election held for that purpose: Provided, such indebtedness so to be contracted shall not, with the existing indebtedness of such city, town or village, exceed in the aggregate five per cent on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county purposes previous to the inr-ur- ring of such indebtedness ; and provided further, that the proper authorities of every such city, town or village incurring such in- debtedness shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting same. [K. S. 1899, Sec. 6350]. (a) (a) As to what constitutes indebtedness: Saleno v. City of Neosho, 127 Mo. 627; Lamar W. and E. L. Co. v. City of Lamar, 128 Mo. 223. 108 CHARTER. Sec. 2. Election to be held, notice. — For the purpose of testing the sense of the voters of any incorporated city, town or village upon a proposition to become indebted or to increase the debt thereof, as contemphited in the next preceding section, the council, trustees or other proper authority of such municipality shall order a special election to be held, of which they shall give not less than fifteen days previous notice, by publication in some newspaper published therein, or if there be no such newspaper, then by posting up ten written or printed hand bills in ten public places in such city, town or village. Such election shall be held and judges thereof appointed as in case of other elections in such municipalities. [R. S. 1899, Sec. 6351]. (b) Sec. 3. Ballots, form of. — The council, trustees or other proper officers of such city, town or village shall prepare and cause to be printed ballots to be used at such election, which shall be in the following form: "For increase of debt — Yes;" "For increase of debt — No ; ' ' the former of which shall be taken as a vote assenting to such increase of debt, and the latter as dis- senting therefrom. [R. S. 1899, Sec. 6352]. Sec. 4. Bonds to issue, when, and terms of. — Upon the re- sult of such election being certified by the judges thereof to the council, trustees or other proper officials of such city, town or vil- lage, such council or trustees, if the proposition for the incurring or increasing of such debt be carried, may by proper ordinance declare such result and cause bonds of such city, town or village to be issued, covering the amount of such debt, payable to bearer, and in denominations of not less than $100 nor more than $1,000 each, payable in not less than five nor more than twenty years from the date thereof, at the option of such city, town or village, with interest from date not exceeding eight per cent per annum, payable semi-annually; which bonds shall have interest coupons attached to conform to tlie face of the bond. All such bonds shall be attested by the signature of the mayor or other chief officer of such city, town or village, and of the clerk thereof, and each bond shall have affixed thereto the corporate seal of such muiiici{);il corporation. Such bonds may be negotiated and sold, (b) An election need not be ordered by ordinance; a resolution is suf- ficient for that purpose: State ex rel. Town of Canton et al. v. Allen, 178 Mo. 555. ART. X. INDEBTEDNESS. 109 but in no case shall they be sold for less than par. [Laws of 1901, page 83]. Sec. 5. Provisions of this article, scope of. — The provisions of the preceding four sections shall apply to all cities, towns and villages in this state, whether organized by special charter or un- der the general laws of the state, any provision in any special charter of any city, town or village in the state to the contrary notwithstanding. [R. S. 1899, Sec. 6354]. Sec. 6. Incurring indebtedness, limit. — No money shall be borrowed or indebtedness incurred for a longer period than one year on the faith and credit of any city of the second class by the issue and sale of bonds, except as in this article provided, and then only to an amount, including indebtedness of the city exist- ing at the time of the issue of the bonds, in the aggregate not ex- ceeding five per centum of the value of the taxable property in the city, to be ascertained by the assessment next before the last assessment for state and county purposes previous to the incur- ring of such indebtedness. [R. S. 1899, Sec. 5559]. Sec. 7. May issue bonds. — Any such city may, by ordinance passed by its common council and approved by its mayor, provide for the issue and sale of bonds of the city, either to borrow money thereon to pay for any public work, improvement or improve- ments for which it may legally appropriate and pay out money in its treasury, or to pay in whole or in part for any such work, improvement or improvements. The ordinance shall specify such public work, improvement or improvements so to be paid for in some reasonably definite manner to enlighten voters, and the amount of bonds, proposed to be issued for such public work, im- provement or improvements. [R. S. 1899, Sec. 5560]. (c) Sec. 8. Ordinance to contain, what. — ^uch ordinance shall provide that such bonds shall bear date to be deemed the date of issue thereof, which shall not be later than ninety days from the (c) Propositions to the voters of a municipality for the issuance of bonds for the construction of a public building and for improvements in the waterworks and electric light plant cannot be submitted as one prop- osition, to be answered "yes" or "no;" and bonds issued pursuant to an election in which they were united in the same submission are invalid: State ex rel. Bethany v. Allen, 85 S. W. Rep. 531. 110 CHARTER. approval of the ordinance ; also, that the bonds shall bear interest at a rate to be specified, not exceeding six per cent per anmmi, payable semi-annually on presentation and surrender of the cou- pons therewith; also, that the city shall collect an annual tax sufficient to pay the interest on such bonds as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of issue thereof, pur- suant to the constitution and law^s of the state ; also, the time at which the principal of the bonds shall be payable, not exceeding twenty years from issue, subject to payment of any or all thereof before that time out of the sinking fund constituted for that pur- pose, and also specify a day on which an election shall be held for the purpose of voting on the proposition to issue such bonds. [R. S. 1899, Sec. 5561]. (d) Sec. 9. Ordinance referred to circuit judge. — After passage and approval of such ordinance, the city counselor and city comp- troller shall present the same to a judge of the circuit court of the county in which the city is situate, and submit to him a sworn statement of the city comptroller, showing the then existing in- debtedness of the city of every nature and description, and amount thereof, and what such indebtedness will be, as near as he can calculate, at the date of issue of the bonds. There shall also be submitted to such judge proof satisfactory to him of the value of the taxable property in the city, ascertained by the as- sessment next before the last assessment for state and county pur- poses. Such other proofs as the judge may require shall be sub- mitted, and if, after full examination, he be satisfied that the amount of bonds proposed to be issued can be issued without vio- lation of the constitution or. laws of the state, he shall so certify over his hand on the back of the original ordinance. [R. S. 1899, Sec. 5562]. Sec. 10. Notice of election.— After such certificate the city shall cause to be published in two or more newspapers, printed and published in the city, for at least thirty successive days prior (d) Provision that city shall collect an annual tax sufficient to pay the interest as it falls due and also to constitute a sinking fund for pay- ment of principal within 20 years from the date of issue, is self- enforcing; and a levy of a tax for such purposes is mandatory, without a direct vote of the people on the levy itself: Evans v. McFarland, 85 S. W. Rep. 873. ART. X. INDEBTEDNESS. Ill to the time for election, in each issue of the papers during the time, a copy of such ordinance and certificate, with a proclamation according to law, that an election will be held at the time ap- pointed in the ordinance for the voters of the city to vote on the proposition for the issue of bonds as proposed by the ordinance. [R. S. 1899, Sec. 5563]. Sec. 11. Election, form of ballot. — Any elector or voter de- siring at sLieh election to assent to the incurring of indebtedness by such issue of bonds, may cast a ballot having Avritten or printed thereon, "for issue of bonds," but if he does not desire to assent to incurring indebtedness by such issue of bonds he may east a ballot having written or printed thereon, ''against issue of bonds." Such election shall be conducted, and the result ascer- tained and declared as near as may be, as in case of other special city elections, and the city maj^ pass and enforce all ordinances proper to conduct the election and learn the sense of the voters as to the issue of bonds. [R. S. 1899, Sec. 5564]. Sec. 12. If adopted, certificate of circuit judge to be pro- cured. — If two-thirds of the voters of the city voting at such elec- tion shall assent to the city becoming indebted by the issue of such bonds the city shall apply to the judge of the circuit court in which the city is situate, for a certificate that at the date of the issue of such bonds the city can legally become indebted for the amount of the bonds as proposed by the ordinance, and that the indebtedness incurred by such bonds, together with all other in- debtedness of the city, of every nature and description, existing at the date of such issue, does not, in the aggregate, exceed five per centum on the value of the taxable property in the city, ascer- tained by the assessment next before the last assessment for state and county purposes previous to the incurring of such indebted- ness by said bonds, issued according to the ordinance. Such cer- tificate shall also state the aggregate amount of all indebtedness of the city of every nature and description, including such bonds at the date of such issue, and the amount of five per centum on such taxable property in the city, ascertained as aforesaid. Tes- timony, under oath, as to the indebtedness of the city shall be submitted to the judge, and su^^h other proofs be also submitted as he may require, so that he may, on full investigation, make the required certificate if the facts warrant the same. Without such 112 CHARTER. certificate no bonds whatever shall be issued. Such certificate, when obtained, shall be indorsed on the original ordinance and be recorded therewith, and a copy thereof shall be printed on the back of each bond. [R. S. 1899, Sec. 5565] . Sec. 13. Bond, form of. — Each bond shall, on the face there- of, recite, among other things, that it is issued by the city, nam- ing it, pursuant to the ordinance therefor, to be referred to by its title and date of approval, and with the assent of two-thirds of the voters of the city voting at an election held for that purpose on the day provided in such ordinance, to be mentioned in the bond as in the ordinance, to the city becoming indebted by the issue of such bonds; that the indebtedness of the city incurred by the bonds issued pursuant to such ordinance, together with all other indebtedness of the ciiy of every nature and description, existing at the date of such issue, does not, in the aggregate, exceed five per centum of the value of the taxable property in the city, ascer- tained by the assessment next before the last assessment for state and county purposes, previous to the incurring of such indebted- ness by said bonds, as stated in the certificate of the judge printed on the back of the bond; and shall also state that the city may, before maturity of the bonds, call for and pay the same out of the sinking fund constituted according to said ordiiiance and the con- stitution and laws of Missouri, for payment of all such bonds within twenty years from the issue thereof. Such bonds shall be for the payment of one thousand dollars each, and be made paya- ble to some person or party or order, or merely to bearer. Each coupon shall contain a promise of the city to pay the sum specified therein, as six months' interest on the bond to which it is attached, designated by number and date. [R. S. 1899, Sec. 5566]. (e) Sec. 14. Signing bonds — ^to be registered. — All such bonds shall be signed by the mayor of the city and countersigned by the city comptroller, with the seal of the city affixed thereto. Cou- pons may be signed by the city comptroller, or have his signature (e) The recital in a. municipal bond "that all acts, conditions and things required by the constitution and laws of the state to be done pre- cedent to and in the issuance of this bond have been properly done, in regular and due form, and time, as required by law and that the total indebtedness of the city including this bond does no<" exceed the constitutional limitation," is a mere self-serving narration, and estops no one to investigate its validity: Evans v. McFarland, 85 S W. 873. ART. X. INDEBTEDNESS. I 1 3 lithographed or engraved thereon. 8ueh bonds shall, before they obtain validity, be presented to the state auditor and registered by him according to article 2 of chapter 83 of the Revised Statutes of the state of Missouri of 1899, or any other general law of the state as to registration of bonds in force at the time of such issue. [R. S. 1899, Sec. 5567] . Sec. 15. Sale of bonds — disposition of proceeds. — No such bond shall be sold or disposed of by the city for less than the par value thereof, and all coupons matured at the time of any sale or disposition shall be canceled. The money borrowed on any such bonds, or the bonds themselves, shall be used only to pay for the public work, improvement or improvements specified in the ordi- nance providing for the issue thereof. The city comptroller shall be charged with the duty of regulating and controlling the use of such money and bonds, and no money so borrowed shall be paid or bonds delivered without his warrant or order. Money so bor- rowed and bonds so issued, until disposed of as aforesaid, shall remain in the treasury of the city, and the city treasurer, and the sureties of his official bond, shall be liable therefor. When it is proposed to pay for any public work or improvement or improve- ments mentioned in the ordinance for issue of such bonds, with the bonds themselves instead of money, the bonds shall count as means standing to the credit of the proper fund or revenue ac- count for the purpose of the comptroller certifying that unappro- priated means stand to the credit of any fund or revenue account mentioned in any ordinance appropriating such bonds for the pur- poses aforesaid, to meet the requirements of any ordinance appro- priating the same. Subject to provisions hereof the city may, by ordinance, provide for the disposition of the bonds and use thereof, or of money borrowed thereon, and the safe keeping of bonds and money until properly used. [R. S. 1899, Sec. 5568]. Sec. 16. Tax levy for interest fund — payment of bonds.^ The city issuing any such bonds shall each year levy and collect an annual tax sufficient to pay the interest on such bonds as it falls due, and also to constitute a sinking fund for the payment of the principal of the bonds within twenty years from the time of issue thereof. The per centum of levy for such purpose, de- termined by the city comptroller, shall be stated in the ordinance 8 114 CHARTER. for levy of taxes each year, and the iiioney realized by collection of such tax shall be nsed only for the purpose of paying the inter- est and prineii)al of the bonds. The money collected from such taxes, not used from time to time to pay interest coupons, shall constitute a sinking fund for paying the principal of the bonds. AVlieuever, in the opinion of the city comptroller, there is sufficient money belonging to the sinking fund to make it to the interest of the city to pay, take up and cancel one or more of such bonds, he shall proceed to do so out of such sinking fund. If a sui!icient amount of bonds are not voluntarily offered for redemption the city comptroller shall, in such manner as he may see fit, determine, by lot, which bond or bonds of those outstanding shall be redeemed, such determination to be conclusive against the holder or holders of all such outstanding bonds, and make a call for return of the bond or bonds to be redeemed to the city for the payment and cancellation, by making an actual demand by letter or otherwise on the holder or holders thereof, if known to him, but if not known to him, by publication of notice for ten days in at least one newspaper printed and i)ublislied in the city, and in at least one newspaper printed and published in the City of New York, or place Avhere such bonds are made payable. Such de- mand or notice shall specify the numbers of the bonds called for, and after such call, interest on such bonds so called shall cease with the maturity of the coupon on each called bond maturing next after such call, and all coupons on each bond so called subse- quently maturing shall be surrendered with the bond to the city on payment of the principal of such bond, such payment to be made on presentation of the bond and coupons therewith, at the place of payment specified on the face of the bond, or if, for any reason, that is not practicable, then at the treasury of the city. The comptroller shall, in providing for payment of the last cou- pon, payable on any called bonds, take such steps as he may deem reasonable to give holders of the bonds called for actual notice of the call at the time of paying such coupon or coupons. [R. S. 1899, Sec. 5569]. Sior. 17. Bonds to be numbered. — l^onds issued pursuant to any such ordinance shall be numbered consecutively from one up, and be designated in a series of a certain number, or in some other way convenient for keeping accounts and performing the duties enjoined by this article. [R. S. 1899, Sec. 5570] . ART. X. INDEBTEDNESS. 1 1 5 Sec is. Bonded indebtedness of cities, towns, villages and school districts may be funded — proceedings necessary. — 'Die v;i- rious counties in this state for themselves, as well as in behalf of any township or parts of townships for which saicl counties may have heretofore issued any bonds, and the several cities, villages, incori)oratecl towns and school districts are hereby authorized by their resf^ective county courts, and said cities, villages and incor- porated towns by their proper authorities, and the said school dis- tricts by their respective school boards, to fund any part or all of their bonded or judgment indebtedness, including bonds, cou- pons or any judgment, whether based on bonded or other indebt- edness at a lower rate of interest, and for that purpose may make, issue, negotiate, sell and deliver renewal or funding bonds and with the proceeds thereof pay oft", redeem and cancel such judg- ments, or old bonds as the same are called for redemption : Pro- vided, that said funding bonds shall not be sold for less than par value thereof, and that in no case shall the amount of the debt of any such county, township, or parts of townships, or city, village, incorporated town or school district, nor the rate of interest on such debt, be increased or enlarged under the provisions of this article ; and provided, also, that no funding bonds issued under this article shall be payable in less than five nor more than thirty years from date thereof, and that such funding bonds shall be of the denomination of not more than one thousand dollars ($1,000), nor less than one hundred dollars ($100), and shall bear interest not to exceed five per cent, (o^/o) per annum, payable annually or semi-annually, and to this end each bond shall have annexed interest coupons, and the funding bonds and coupons shall be made i)ayable to bearer: Provided, further, that nothing in this act shall be so construed as prohibiting any county, city, town- shi]) or school district that now has or may hereafter have a bonded or judgment debt (except as hereinafter provided), from funding or refunding such debt without the submission of the question to a popular vote whenever such funding or refunding can be done at a lower rate of interest than the debts so funded or refunded bore : Provided, however, that no indebtedness, judg- ment or claim founded on bonds or coupons issued in the aid of or in payment for the capital stock of any railroad company shall be funded, nor shall any bonds be issued in lieu thereof or in compromise therefor until authorized by a majority of the quali- fied voters of such county, city, township or parts of townships 1 1 (') CHARTER. voting: at an election held for that purpose pursuant to an order entered of record by the county court of such county or council or aldermen of such city on petition of at least fifty (50) of the resident taxpayers of such county, city or township, after public notice by advertisement in some weekly newspaper printed and published in such county or city, if there be such paper, and if not then in such paper nearest to such county or city, setting forth the object of the election for four weeks, and in addition posting up ten written or printed hand bills, in public places in such county or city, before the time for such proposition to fund its said indebtedness shall be voted on, which said notice shall contain the object and general nature of the proposition to fund said indebtedness. The election herein provided for shall be held in conformity with the statutes of the state covering state, county or municipal elections. And when such indebtedness has been once compromised and funded the funding bonds issued in lieu thereof may again be refunded according to the other provis- ions of this article without such election. [La^vs of 1901, page 52]. Sec. 19. Form of ballot. — AVhen the proposition to fund any part or all of the bonded indebtedness of any county, city, town- ship or parts of townships shall require the assent of the voters thereto, and said proposition shall be submitted to the qualified voters of such county, city, township or parts of townships, those who favor the proposition to fund such indebtedness may at any election held aforesaid deposit a written or printed ballot in this form: "To fund bonded indebtedness — Yes;" and those of the qualified voters at such election w^ho oppose the proposition to fund such indebtedness may deposit a written or printed ballot in this form: "To fund bonded indebtedness — No;" and the vote& of such proposition shall be taken and their returns thereof made and canvassed in all respects as is or may be provided by law for the election and return of state, county, city or township officers. [Laws of 1901, page 53]. Sioc. 20. Duty of county court. — If at the election aforesaid a majority of the qualihed voters of such county, city, township or parts of townships voting at such election shall vote in favor of funding any part or all of such indebtedness, then the county ART. X. INDEBTEDNESS. . 117 eoiu't of such county, or by the authorities of such city, township or townships shall be fully authorized and empowered to proceed at once to fund any part or all of its indebtedness in conformity with the provisions of this article, and for that purpose may em- ploy a financial agent to assist them. [Laws of 1901, page 53]. 18 CHARTER. ARTICLE XI CONDEMNATION OF PRIVATE PROPERTY FOR PUBLIC USE. Section 1. City counselor lo file petition. 2. Notice of filing petition. 3. Appointment of commissioners. 4. Duties of commissioners. 5. Return of assessment. Exceptions to report of com- mission. Costs of iiroceedings, by wliom paid. «. Section 8. Report of commission to coun- cil. 9. Appropriation to pay damages. 10. Damages to be paid into court, when. 11. Council to pass ordinance in certain cases. Sec. 1. City counselor to file petition. — Whenever the eoni- nion eoRiicil in any city of the second class shall provide by ordinance for establishing, opening, widening or altering any street, avenue, alley, market place or public square, or route for a sewer, and it ])ecomes necessary for that purpose to appropriate ju-ivate property, and shall, in said ordinance, detine the limits Avithin Avhieh private property shall be assessed to pay for said impi'ovement, the city counselor, in the name of such city, shall apply to the circuit court of the judicial circuit where such city is located, or to any one of the judges in vacation, by petition, setting forth tlie general nature of the improvements proposed to be made, the names of the owners of the several lots or parcels of land, if known, or, if unknown, a correct description of the parcels whose owners are unknown, and praying the appoint- ment of tliree disinterested commissioners, free holders of prop- erty in said city, to assess the damages which said owners may severally sustain by reason of the ai)propriation and condemna- tion of such i-eal estate by the city for tiny of the purposes afore- said, and to assess the proi)erty especially benefited by said im- l)rovemeiit within said limits to pay therefor, to which petition the ov/nei-s of all such lots or parcels of land embraced in the jn-oposed improvement shall be made parties defendant by name, if the names be known, and by description of the land of unknown owners. If the proceedings seek to affect lands of persons under guardianship, the guardians must l)e made parties defendant; if the lands of mnrricd women, their husbands must be made ART. XI. CONDEMNATION. 1 1 9 parties defendant. If the possessor of land to be affected has an estate less than a fee, the person having the next vested estate in remainder or reversion must, if known, be made a party defendant. It shall not be necessary to make any person parties defendant in respect to their ownership nnless they are in actual possession of the premises to be afrected, or have a title to the premises appearing of record upon the proper record of the countv. [R. S. 1899. Sec. 5CAS]. (a) Sec. 2. Notice of filing petition. — Upon the filing of the peti- tion a summons shall be issued giving such defendants at least ten (10) days' notice of the time when the said petition will be heard, which summons, if served within the city, shall be served by the chief of police, or by some officer in the name of said chief of police, either of whom shall for such purpose be ex officio an officer of the circuit court, or if served without the city, and within the state, such summons shall be served by the sheriff of the county where the defendant may be found, the service of such summons to be made in the same manner as writs of summons are or may be by law retiuired to be served. If the name or resi- dence of the owner be unknown, or if the owner or any of them do not reside within the state, notice of the time of the hearing of the petition, reciting the substance of the petition and the date fixed for the hearing thereon shall be given by publication for four (4) weeks consecutively, prior to the time of hearing the petition, in the newspaper for the time doing the city printing. (Laws of 1905, page 74]. (b) Sec. 3. Appointment of commissioners. — The court, or a judge thereof in vacation, on being satisfied that due notice of the pending of the petition has been given, shall appoint three disin- terested commissioners, freeholders of property in said city, and residents of the city for three years next preceding their appoint- ment, to assess the damages which the owners of the land may severally sustain by reason of such appropriation, and to assess the (a) Necessity and expediency of condemnation of land is determined by city. Whetlier such taking is for a public use, is a judicial question: Cape Girardeau v. Houck, 129 Mo. G07; The City of Kansas v. Baird, 98 Mo. 215. See generally, Kansas City v. Bacon, 147 Mo. 259. (b) The summons may be made returnable by the judge of the court in vacation, and is not void because not made returnable at the begin- ning of the next term: City of St. Joseph v. Truckenmiller, 183 Mo. 9. 120 CHARTER. property especially benefited by said improvement within said limits to pay therefor. [R. S. 1899, Sec. 5650]. Skc 4. Duties of cominissioners. — It shall be the duty of the commissioners to ascertain the actual value of the land and prem- ises proposed to be taken, without reference to the projected im- provement and the actual damage done to the property thereby, and for the payment of such values and damages to assess against the city the amount of benefit to the public generally, and the balance against the owner or owners of all property within said limits which shall be especially benefited by the proposed im- provement, in the opinion of the commissioners, to the amount that each lot of said owner shall be benefited by the improvement. The sums to be paid by the owners of property especially bene- fited by the improvement, as ascertained by the commissioners, shall be a lien upon the property so charged, and shall be col- lected as i)rovided by ordinance, and when collected shall be paid into the city treasury as a separate fund, to be used exclusively for the payment of the damages awarded: Provided, however, that in the opening of an alley the benefits shall be paid by the owners of the property in said block abutting on the proposed alley. [R. S. 1899, Sec. 5651] . (c) Sec. 5. Return of assessment. — When the commissioners shall have viewed the property and assessed the value and dam- ages and benefits they shall make their return of such assessment in wi'iting and under oath to the circuit court, or clerk in vaca- tion, which shall be filed by the said clerk. In making such re- (c) Assessment of only one dollar against city not unjust discrimination: Kansas City v. Smart, 128 Mo. 272; Kansas City v. Bacon, 157 Mo. 450. It cannot be declared as a matter of law that a benefit assessment of $2.00 per front foot against a lot adjoining the park, and one of $50 per front foot against a lot a mile away is such inequality as to make the whole assessment unlawful: Kansas City v. Bacon, 157 Mo. 450. Where a city, after commencing proceedings to condemn land, chooses to abandon them, the owner is not entitled to damages; it is entirely discretionary with the city whether it will pay the damages assessed and take the property or abandon it altogether: Sylvester v. St. i.ouis, 1G4 Mo. 601. The owner may have an action for damages for any wrongful and in- jurious acts done by the municipality in the course of the condemna- tion proceedings: Sylvester v. St. Louis, 164 Mo. 601; Owen v. Springfield. 83 App. 557; St. Louis Brewing Ass'n. v. St. Louis, 168 Mo. :}7. ART. XI. CONDEMNATION. 121 port the value and damages allowed to each owner and the bene- tits assessed against each individual shall be separately stated. [R. S. 1899, Sec. 5652]. (d) Sec. 6. Exceptions to report of commissioners. — The report of said commissioners may be reviewed by the circuit court, or judge thereof in vacation, on written exceptions filed by either party in the clerk's office within ten days after the filing of such report, and he shall make such order therein as right and justice may require, and may order a new appraisement on good cause shown ; but the hearing of such exceptions shall be summary, and the court shall fix a day therefor without delay, upon the filing of any such exceptions, or within ten days after the expiration of the time given said city to report the same to the common council as hereinafter provided. [R. S. 1899, Sec. 5653]. Sec. 7. Costs of proceedings, by whom paid. — The cost of the proceedings up to and including the filing of the report of the commissioners shall be paid by tbe city, and as to any cost caused by subsequent litigation the cost shall be paid by the los- ing party. The commissioners may be allowed a reasonable com- pensation for their services, to be fixed by the common council by ordinance. [R. S. 1899, Sec. 5654]. Sec. 8. Report of commission to council. — Upon the report of said commissnoners being filed in the circuit court, or with the clerk thereof, the court shall give to such city, upon application of the city counselor, reasonable time to report the result of the same to the common council for its information and approval, during which time no action will be had in or by said court upon said report ; and such city shall have the right, at any time be- fore the final confirmation of said report, to dismiss and with- draw said proceedings on payment of costs thereof: should the city dismiss or withdraw any proceedings for condemnation after the report of the commissioners has been filed no action for such condemnation shall be had for a period of three years next there- after, unless upon the petition of the owners of three-fourths of the property fronting on the line of the proposed improvement, (d) Owners cannot consent to give their land on condition of exemption from assessments: City of St. Louis v. Meier, 77 Mo. 13; Vrana v. City of St. Louis, 164 Mo. 146. 1 22 CHARTER. or upon payment by the city of the entire value and damages such as aforesaid. |R. S. 1899, Sec. 5655]. Sec. 9. Appropriation to pay damages. — When the report of the commissioners shall have been approved, or final action taken thereon by the court, the clerk of the circuit court shall make a certified copy of the report and the linal action of the court thereon, and deliver the same to the city clerk, who shall forthwith record the same in a book to be provided for the pur- pose. It shall be the duty of the clerk, as soon as the same is recorded, to furnish a copy thereof to the common council, and the common council shall, at its first session thereafter, make an appropriation for the payment out of the city treasury of the amount awarded against said city, or the total amounts awarded, as the council may deem advisable, and the city treasurer shall cause the same to be paid to the parties entitled thereto, respect- ively, or into court for their use, as provided by ordinance. Any failure of the common council, within the time above stated, to make such appropriation, shall operate as a dismissal of such pro- ceedings, and no future action for such condemnation shall be commenced for a period of five years, except as hereinbefore pro- vided in case of dismissal by the city. [R. S. 1899, See. 5656]. (e) Sec. 10. Damages to be paid into court, when. — If the own- ership of property condemned be in controversy the amount of tlie damages assessed for said property shall be paid into the court for the use of the successful claimant of the property: I'rovided, however, that as soon as the damages assessed shall have been paid or tendered to the parties entitled thereto, re- spectively, the improvement may be proceeded with. |R. S. 1899, Sec. 5657]. Sec. n. Council to pass ordinances in certain cases. — When it Ijccomes necessary for the city to condenni private property for other and different public uses than those already specified in this (e) Although the statute requires the city council to appropriate the damages and costs at the first session after the city clerk reports to it the judgment of the court in a condemnation proceeding, an ap- propriation made at any one of seven meetings of that session is a compliance with the statute in that regard: St. Joseph v. Trucken- niiller, 18:] Mo. 9. ART. XI. CONDEMNATION. 123 act the common council shall pass an ordinance to that effect, which shall set forth the purposes for which said property is re- quired, and to which it shall be especially dedicated. The value and damages of said property shall be ascertained in the same manner as directed in this act in the ease of opening streets, and the same shall be paid by the city to the owner or owners of said property. [R. S. 1899, Sec. 5658]. 124 CHARTER. ARTICLE XII CHANGE OF ESTABLISHED GRADE— GRADING STREETS. Section No street or alley to be graded, except when. Ordinance to prescribe benefi- ciary limits. Ordinance to be published. Plat to be furnished mayor. Proceedings, by whom heard. Notice of time for assessing damages, etc. Appointment of commissioners. Duties of commissioners, ver- dict, what to contain. Verdict may be set aside, etc. Section 10. Judgment, proceedings to en- force. 11. Appeals, when taken, etc. 12. Proceedings to conform to prac- tice in civil cases. 13. Grading may be commenced, when. U. Proceedings exclude other rem- edies, etc. 15. Ordinances may be repealed, effect. 16. Treasurer to receive and re- ceipt for benefit assessments. Section 1. No street or alley to be graded, except when.^ No street, alley or otliec ])ublic place in any cit}' of the second class shall be graded so as to change the existing grade thereof unless the property owners to be affected thereby petition therefor and waive all claim to damages on account thereof, or unless such damages shall be first ascertained and paid as hereinafter pro- vided, and any special tax bills issued for grading in violation of this law shall be void. [Laws of 1903, page 74]. Si:c. 2. Ordinance to prescribe beneficiary limits. — When any ordinance shall be passed ordering the grading or regrading of any street, avenue, alley or any part thereof to such changed grade the common council shall, in the same ordinance, determine and prescribe the limits within w^hich private property is bene- fited by the proposed grading to the grade so changed. [R. S. 1899, Sec. 5666]. Sec. 3. Ordinance to be published. — The city clerk or the mayor shall, at the cost of th(> city, cause to be published a copy of said ordinance within Iwi'iity days from the taking effect of the same, in some newspajier printed and published in the cit}^ in each issue of such paper for ten successive issues. [i\. S. 1899, See. 5667]. ART. XII. CHANGE OF GRADE. 1 25 Sec. 4. Plat to be furnished mayor.^Within thirty days af- ter the passage of the ordinance the city engineer, or if there be none, the county surveyor, shall furnish the mayor or city clerk a map or plat containing a correct description of the several lots or parcels of jorivate property in the benefit limits prescribed in said ordinance. [R. S. 1899, Sec. 5668]. Sec. 5. Proceedings, by whom heard. — The proceedings hereinafter provided for may be heard by the circuit court in term time, or by a judge thereof in vacation, and a complete rec- ord thereof shall be kept in either case. [R. S. 1899, Sec. 5669] . Sec. 6. Notice of time for assessing damages, etc. — AVhen the mayor or other city officer shall file a certified copy of said ordi- nance in the circuit court or with the clerk thereof, such court or judge thereof shall fix a day and place for assessing the dam- ages and benefits to arise from the proposed grading, and shall make an order reciting the ordinance, and said order shall be di- rected to all persons whom it may concern, without naming them, notifying them of the place and the day fixed for the ascertaining of damages and benefits to arise from such grading. A copy of such order shall be pubJished in each issue of some newspaper of general circulation printed and published in the city for two suc- cessive weeks, the last insertion to be not more than one week prior to the date so fixed for said hearing ; said cause may be con- tinued or postponed from time to time. No notice of said pro- ceedings shall be necessary except as herein provided, and proof of publication of such order may be made by the affidavit of any editor or person connected with the newspaper. On or before the day set for the hearing any person claiming damages by rea- son of the proposed grading may file or cause to be filed with the clerk of said court a description of the property claimed to be damaged, and the interest of the claimant therein. The clerk shall note the filing of every such claim as a part of the record in said cause. [R. S. 1899, Sec. 5670]. Sec. 7. Appointment of commissioners.— On the day set for the hearing, if the copy of the order has been duly published as herein required, the judge or court shall appoint and cause to be impaneled a board of six commissioners, who shall be disinter- 126 CHARTER. ested freeholders, and allowed the same fees as jurors are allowed for their services. [R. S. 1899, Sec. 5671]. Sec. 8. Duties of Commissioners — verdict, what to contain. — The commissioiuTs pi-ovided for in the preceding section shall be sworn to ascertain and report the actual damages or just com- pensation to be paid in each case separately, as well as the bene- fits to be assessed under such instructions as shall, after hearing the parties, be given them by the judge or court. Parties inter- ested may submit proof to the commissioners, and said commis- sioners shall examine, personally, each piece of property de- scribed on such map or plat, antl all property claimed to be dam- aged by such proi)osed grading. The commissioners shall ascer- tain and state in their report or verdict: First, the amount of actual damages to each piece of private property that w'ill be damaged by reason of the proposed grading, having due regard to and making just allowance for all benefits to such piece of property from such grading, and when the damages to any piece of ]n'()perty do not exceed the benefits thereto from the proposed improvement the commissioners shall not report any allowance of damage to such piece ; second, if the commissioners shall find that private property is actually damaged by reason of proposed im- ])rovement, to pay the total amount of such damages allowed, they shall first assess against the city such sum as is equal to the amount of henetit that the city at large will receive from the pro- posed improvement, and the balance of the sum so awarded as damages, and not assessed against the city, the commissioners shall assess against ])i'ivate property, within the benefit limits pre- scribed in the ordinance, but excluding from such assessment any piece of private property to which damages are awarded on ac- count of the proposed improvement, and no piece of private prop- erty shall be assessed with benefits in any amount in excess of the actual benefits which the same will receive by reason of the proposed improvement. If the commissioners cannot agree the judge or court may discharge them, and may proceed to impanel another board, but the order to impanel a new board of commis- sioners must be made on the day of discharging any board of conniiissionei-s, and must name the time and plac(^ for im])am'ling a iH'w ])()ard. IIJ. S. 1S99, Sec. 56721. ART. XII. CHANGE OF GRADE. 127 Sec. 9. Verdict may be set aside, etc. — The vei-dict of the board of eommissioners shall be signed by each commissioner and delivered to the judge or court on the day fixed for such report at the hearing of the matter, unless said commissioners are granted further time by the judge or court ; said report or verdict shall contain a correct description of each lot or parcel of i)rop- erty damaged, the names of the claimants and the amount of dam- ages thereto ; also the amount of benefit assessed against the city, together with a correct description of each lot or parcel of private property assessed with benefit, and the amount assessed against the same. The city engineer, or if there be none, then the sur- veyor of the county, shall, when requested by the judge, put the verdict or report in proper form. The judge may, on his own motion or on the motion of the city, or any party interested in the proceeding, for good cause, set aside the verdict or report of any board of commissioners, and thereupon appoint a new board to perform the duties in this article prescribed, and fix a time and place for impaneling another board and a rehearing of the whole matter. The court costs up to and including the judgment and the costs of publishing notice herein required shall be paid by the city. [R. S. 1899, Sec. 5673]. ' Sec. 10. Judgment, proceedings to enforce. — The verdict or report shall, unless set aside, be confirmed and judgment en- tered thereon, that the city pay the damages assessed therein, and that the city recover the respective amounts assessed against pri- vate property, and that the several lots or parcels of private prop- erty so assessed to pay compensation by the verdict or report stand severally charged and be bound for the payment of the re- spective assessments ; also the interest and costs that may accrue thereon. Such judgment may be enforced by a special execu- tion if the same is not paid, or as to the portion not paid. The judgment as to benefits assessed against private property shall bear interest at the rate of ten per cent per annum, unless ap- pealed from, but in case of appeal interest shall be charged only from date of affirmance of the judgment or dismissal of the appeal in the appellate court. The execution herein authorized shall be deemed sufficient if it recites the date of the judgment, the- amount assessed against each tract described therein, and states that such tract or tracts were assessed to pay compensation for damage to private property for grading of a street, alley or part thereof, 128 CHARTER. as the case may be, giving the title and date of the approval of the ordinance ordering such grading, and command the officer to whom such execution is directed to sell each tract or parcel of property therein described, or so much thereof as may be neces- sary to satisfy the assessment and interest and costs due thereon. [E. S. 1899, Sec. 5674]. Sec. 11. Appeals, when taken, etc. — Any party aggrieved by the judgment may take an appeal therefrom by filing such an affidavit as is required in appealing civil cases. However, such appeal shall be perfected within thirty days from the delivery of the verdict or report. In case of appeal the judgment shall stand suspended until the appeal is disposed of. No writ of error shad be allowed. The clerk of the appellate court shall put such case upon the docket for hearing at the next term of that court after the appeal is alloAved. No error or defect not affecting the rights of the appellant shall work a reversal of the judgment. [R. S. 1899, Sec. 5675]. Sec. 12. Proceedings to conform to practice in civil cases. — ■ The proceedings herein shall, in all respects not herein provided for, conform as near as may be to the practice and i)rocedure in civil cases, including the sale under execution and the making of deeds to purchasers. [R. S. 1899, Sec. 5676]. Sec. 13. Grading- may be commenced, when. — If the verdict or report of the conuiiissioiiers shall declare that no damage will result to private property from the proposed grading, or if dam- ages assessed by such verdict or report shall be paid to the owners or into court for them the city authorities may proceed to cause the grading to be done according to the ordinance. Payment to the clerk of the court shall be deemed a payment into court of any damages assessed. When damages are assessed to any piece or parcel of private property and paid into court the right to such damages, if there be more than one claimant, may be determined by the court on motion of any party claiming an interest therein, but the costs resulting from such motion shall not be assessed against the city. [R. S. 1899, Sec. 5677]. Sec. 14. Proceedings exclude other remedies, etc.^The proceedings here prescribed for ascertaining damages or compen- ART. XII. CHANGE OF GRADE. 129 satioii to private property from grading of streets, avenues, alleys or parts thereof, shall be taken and held by the courts as exclud- ing every other method and remedy for such ascertainment. Any person failing to receive an award of damages in the proceedings herein authorized shall be held concluded by the verdict or report of the commissioners and the judgment thereon. And such ver- dict or report shall, in every other proceeding, legal or equitable, be taken and held as conclusive as to what property will be dam- aged and benefited, or either, and the extent thereof, by the pro- posed grading, subject to review only as herein allowed. [R. S. 1899, Sec. 5678]. Sec. 15. Ordinance may be repealed, effect. — The common council shall have power at any time within six months after the conclusion of said proceeding to repeal the ordinance ordering the proposed grading, if they deem such repeal to the best interests of tne city, and in such event the judgment for damages and bene- fits shall become void, and the city shall return the amount of benefit of assessments paid, if any, to the person who paid the same. [R. S. 1899, Sec. 5679]. Sec. 16. Treasurer or collector to receive or receipt for ben- efit assessments. — It shall be the duty of the city treasurer or col- lector to receive the benefit assessments on private property at any time after the conclusion of the proceeding before the is- suance of execution ; and he shall give triplicate receipts there- for, one of which shall be filed with the city auditor and one with the comptroller of the city. It shall be the further duty of the treasurer or collector to acknowledge satisfaction of any such assessment paid to him on the margin of the judgment record. [R. S. 1899, Sec. 5680]. 130 CHARTER. ARTICLE XIII. GRADING AND PAVING STREETS. 6. and paving of streets, with Section 1. Grading etc. 2. Cost, how apportioned. 3. Property to be charged costs. 4. Tax bill to be lien on property. 5. Tax bill against railroad right of way. Lien of contractor; how en- forced. Section 7. Judgment a lien on property of railroad company. 8. Sidewalks. What costs paid out of revenue. Council to prescribe width of sidewalks, etc. Proceedings on petition for im- provements. Contractors to give bond. 9. 10. 11. 12. Section 1. Of the grading of streets, etc. — The common council shall have power to cause to be graded, constructed, re- constructed, paved or otherwise improved and repaired all streets, sidewalks, alleys and public highways or parts thereof, within the city, at such time and to such extent, and of such dimensions, and with such materials, and in such manner and under such reg- ulations as shall be provided by ordinance ; and all ordinances and contracts for such work shall specify how the work shall be paid for ; and in case payment is to be made by special tax bills the city shall in no event, nor in any manner whatever, be liable for or on account of work, except as is otherwise provided for in the following section : Provided, that in no case shall a petition be necessary to authorize the common council to cause to be graded, constructed, reconstructed, paved or otherwise improved and repaired any street, sidewalk, alley or public highway, or parts thereof within the city ; but it may cause such work to be done, and such improvements to be made whenever it may deem the same necessary. Provided, however, that in all eases where a majority of the resident real estate owners in front feet, on such street, avenue, alley or public highway, or the part thereof pro- posed to be graded, constructed, reconstructed, paved or macad- amized shall petition the common council to have such street, av- enue, alley or public highway graded, constructed, reconstructed, paved or macadamized the same shall be ordered done : Pro- vided, that whenever an ordinance is introduced providing for the doing of any such work and the making of any such improv- ART. XIII. GRADING AND PAVING STREETS. 131 ments according to the provisions of this section without the same being petitioned for by the real estate owners as aforesaid, the ordinance authorizing and ordering the work to be done and the improvements to be made, and every amendment thereto, shall not be finally voted upon and passed by the common council until such ordinance shall have been first published for five con- secutive days in the newspaper at the time doing the city print- ing, and before the passage of such ordinance, the common council shall hear and determine all objections, if any there be, to such or- dinance. If the common council shall find and declare by ordi- nance that the ordinance authorizing such work to be done and improvements to be made has been published for the time and m the manner herein required, such finding and recitations shall be conclusive upon all parties concerned, and no tax bill shall be held invalid on account of the insufficiency of such ordinances and notice. [R. S. 1899, Sec. 5661]. (a) Sec. 2. Cost, how apportioned. — The cost of all the work mentioned in the last section, except as otherwise provided in this article, shall be apportioned as follows, namely: The cost of all work on any sidewalk, including curbing and guttering alongside thereof, and of all work on any alley, shall be charged as a special tax upon the adjoining land, according to the frontage thereof on the sidewalk or allej^ The cost of all work on streets, avenues and highways, or any part thereof, except as hereinafter provided, shall be charged as a special tax on lands on both sides of and ad- joining the street, avenue or highway, or part thereof, except, however, that the cost of grading any street, avenue or highway,, exclusive of grading the sidewalks thereto, shall be charged as a special tax on all the property on both sides of such street, avenue or highway ; or part thereof, graded within the following limits, namely : In case any of the land fronting on the street, avenue or (a) City liable for grading street to the damage of abutting property: Werth V. City of Springfield, 78 Mo. 107; Sheehy v. Cable R. Co., 94 Mo. 75; Gibson v. Owens, 115 Mo. 258; Hickman v. Kansas City, 120 Mo. 110; Smith v. St. Joseph, 122 Mo. 643. Liability for damages for change of an established grade does not extend to improvements put on the lot after the grade is established, but is confined to damage done the lot independent of such improvements: Clinkenbeard v. City of St. Joseph, 122 Mo. 641. City not liable for damages caused by change of grade, unless the change was directed by an ordinance passed by the council and approved by the mayor: Stuebner v. St. Joseph, 81 App. 278; Hall v. City of Trenton, 86 App. 326; Koeppen v. Sedalia, 89 App. 648. 132 CHARTER. highway, or part thereof, graded, be laid off into lots and blocks, the property so laid off from the line of the street, avenue or nign- way, back to the center line of block or blocks, shall be so charged* whether fronting on the street, avenue or highway or not; never- theless, the common council shall have power, by ordinance, to prescribe that such property shall not be charged beyond the al- le3^s in such blocks, if deemed just and equitable; and in case any land fronting on such street, avenue or highway, or part thereof, graded, be not laid off into lots and blocks, then the property not so laid off and the property in the rear thereof, on the line of the street, avenue or highway, or part thereof, graded back one hundred and fifty feet, shall be so charged, whether fronting on the street or not ; and property liable for such grading shall be charged according to the value thereof, exclusive of improvements thereof, as provided in the next succeeding section ; and in case of question on the part of the assessor or engineer as to whether any lands fronting on the street, avenue or highway, or part thereof, be laid off in lots and blocks or not, within the meaning of this section, the common council shall, or on its own motion, deeming that such question exists, may, by ordinance, for the guidance of the assessor or engineer in making out special tax bills, and charging the property to that end, determine whether or not any particular land or lands fronting on the street, avenue or highway, or part thereof, graded, be or not laid off into lots and blocks within the meaning of this section, and such determination shall be conclusive on all parties interested for all purposes ; and the cost of all work mentioned in the last section done on spaces fronting on any street, avenue, highway or alley shall be deemed part of the cost of the work done on other spaces under the same ordinance and contract, and be charged and paid accordingly: Provided, the owner of any lot or parcel of ground fronting on sucli street shall, within ten days after the letting of the con- tract for such work, notify the city engineer, in writing, that he desires to pay for such work in five annual payments, then the city engineer shall make out five separate special tax bills, each for one-fifth part of the cost of such work, bearing interest as aforesaid, which rate shall be fixed in each case by ordinance — •each payment to bear not to exceed ten per cent interest from date of issue to date of payment, which rate shall be fixed by ordi- nance — said interest payable semi-annually on the first days of February and July of each year at the office of the city treasurer ; ART. XIII. GRADING AND PAVING STREETS. 133 and if default is made in payment of interest due on either of said days, then the principal and interest due on such special tax bills shall become then and there due and payable, and may be collected as provided in section 5664. [R. S. 1899, Sec. 5662]. (b) Sec. 3. Property to be charged with costs. — After a contract has been made for the grading of any street, avenue or highway, or part thereof, exclusive of grading the sidewalks thereon, the common council shall, by ordinance, cause an assessment to be made of the value of all the property to be charged with the cost thereof, exclusive of the improvements thereon, by the city assessor, which assessment shall be delivered to the city engineer, and when such grading shall be completed the city engineer shall compute the cost thereof, and apportion such cost among the sev- eral lots or parcels of property to be charged therewith, according to the value thereof fixed by the city assessor as aforesaid, and charge each lot or parcel of property with its proper share of such cost : Provided, that the common council shall have power, by ordinance, in ease they shall deem it best for the public inter- est, to cause to be graded any street, alley or avenue within the city limits, at the expense of the city. When any work other than grading as last aforesaid shall be completed under authority of section 5661 the city engineer shall compute the cost thereof and apportion the same among the several lots or parcels of land to be charged therewith, and charge each lot or parcel of property with its proper share of such cost, according to the frontage of the property. The city engineer shall, after so apportioning and charging the cost of any work, make out and specify special tax bills according to such apportionment, and charge the same in favor of the contractor, to be paid against the several lots or par- cels of land charged, and register the same in full in his office, (b) A strict performance of all conditions is necessary to fasten a lien on the property of the citizen: Guinotte v. Egelhoff, 64 App. 356; V/est V. Porter, 89 App. 150. Where tax bills are issued for street improvements, but cannot be col- lected, the city is not required to collect the tax and pay it over to the contractor: Thornton v. City of Clinton, 148 Mo. 648. The charter of a city and its ordinances constitute a part of any contract into which the city enters for the doing of public work, whether they are made a part of it or not: Pryor v. Kansas City, 153 Mo. 135. Contract must substantially follow the ordinance as to the materials to be used in public work: Dunn v. McNeely, 75 App. 217. 134 CHARTER. and deliver such bills to the party in whose favor issued for col- lection, and take his receipt therefor, at the foot of the register thereof, in full of all claims against the city on account of said work. Each tax bill shall contain a description of the lot or par- eels of land against which it is issued, full and correct enough to identify the same. [R. S. 1899, Sec. 5663]. Sec. 4. Tax bill to be lien on property. — Every such tax bill shall be a lien on the property therein described, against wiiich the same may be issued on the date of the receipt to the city engi- neer therefor, and such lien shall continue for two years after ma- turity' thereof, but no longer, unless suit be brought to collect the same within two years, in which ease the lien shall continue until the determination of the legal proceedings to collect the same, including any sale of the property charged, and each tax bill shall bear interest from its issue, at the rate of ten per cent per annum, if not paid in thirty days after the issue thereof. Every tax bill, and the lien thereof, shall be assignable, and any such tax bill, with interest as aforesaid, may be collected by suit by the contractor to whom issued, in his own name, or by an assignee thereof in his name, in any court of competent jurisdiction. No such tax bill need give the name of any party owning or inter- ested in the land charged and bound by him, and before the suit the owner of any part or severalty or undivided interest in any land charged by any tax bill may pay his share separately, in which ease his interest shall not be further liable in case of suit; all such, or any of the owners of the land charged, or of any in- terest or estate therein, may be made defendants, but only the right, title, interest and estate of the parties made defendants in any suit shall be affected or bound thereby or by the proceedings therein. In case any owner of the ground or of any interest therein is unknown, or a non-resident of the state, suit may be brought against such owner separately, or together with others, and such non-resident or unknown owner shall be brought in by an order or notice against such owner, published as in ordinary suit to enforce a lien against land. It shall be sufficient for the plaintiff to plead the making and issue of the tax bill sued on, giving date and contents thereof, and assignment thereof, in case of assignment, filing tlie same, and allege that the party or parties made defendants, own or claim to own the land charged, or some estate or interest therein, as the case may be. Such certified bill ART. XIII. GRADING AND PAVING STREETS. 135 shall, in any action thereon, be prima facie evidence of the valid- ity of the bill, of the doing of the work, and of the furnishing of the materials charged for, and of the liability of the property to the charge stated in the bill : Provided, that nothing in this sec- tion shall be so construed as to prevent any defendant from pleading in reduction of the bill, any mistake or error in the amount thereof, or that the work therein mentioned is not done in a good and workmanlike manner: And provided further, that if any party shall set up by way of defense that the work was not done in a workmanlike manner, according to the class of work mentioned in the contract, and that such party, before the com- mencement- of the suit tendered to the contractor or other holder of the bill, the full value of the work done, and shall establish the same on the trial, the recovery shall only be for the amount so tendered, and judgment for cost shall be rendered against the plaintiff; but no suit on any bill shall be defeated or affected by any irregularity affecting only other bills, or matter rendering any other bill invalid in whole or in part. In a suit on any tax bill the judgment shall be special and that the plaintiff recover the amount found due, including interest, to be levied on the land described in the bill, and a special execution shall issue to sell the land to pay such judgment, interest and costs, and the judgment shall bear interest at the same rate as the tax bill. When the amount due on any tax bill does not exceed three hundred dol- lars suit may be brought thereon before any justice of the peace in said city, as in other civil cases, and such justice of the peace may render a special judgment as aforesaid, but to enforce the same a transcript of such judgment shall be filed in the office of the clerk of the circuit court of such county where such city is located, and be recorded, docketed and indexed as a judgment of that court, whereupon an execution may be issued out of that court the same as if the judgment had been rendered in that court. Proceedings on special executions or judgments on such tax bills shall, including making of deeds to purchasers, conform as far as practicable to the proceedings on other special execu- tions from the circuit court. Any such special judgment shall bind all the right, title, interest and estate in the land that de- fendants, and each of them, owned at the time the lien of the tax bill commenced, or acquired afterward, and a sale on execution thereon shall vest all of such right, title, interest and estate in the purchaser, and discharge the lands from any liens or ineum- 136 CHARTER. brances thereon ; but parties interested in the land, not made de- fendants, shall not be affected thereby, and if they claim through or under any parties defendant, prior to suit brought, may redeem from the purchaser, or otherwise assert their rights, according to equity and good conscience. On the presentation to the city engi- .neer of any special tax bill, receipted or paid, he shall note the fact on the registry thereof, and such entry shall be evidence of payment as stated. In case the owner of any undivided interest or particular estate in any land charged be compelled by suit to pay, on account of any such tax bill, more than he ought equitably pay, as between him and others interested in the property, such owner shall be subrogated to the lien of such tax bill, and may, by proper proceedings in any court of competent jurisdiction, enforce such lien, and have the equities between such owner so paying and such other owners or parties interested in the land adjusted, though such other owners or parties interested were not parties defendant to the original suit on the bill, and though such subsequent proceedings be commenced after the expiration of two years from the issue of the bill, or the party so paying shall be entitled to contribution or repayment from others, according to equity, without enforcing the lien. [R. S. 1899, Sec. 5664]. Sec. 5. Tax bill against railroad right of way. — Whenever any city of the second class shall, by ordinance, duly and legally enacted, order any street, sidewalk, alley or public highway, or parts thereof, graded, constructed, reconstructed, paved or other- wise improved, where the right-of-way of any such railroad ad- joins any street, sidewalk, alley or public highway, or parts thereof, then that part of said right-of-way so adjoining shall be treated and considered the same as any other piece of land ad- joining said street or highway, and shall be subject to the same damages and benefits of street improvements as are all other lands adjoining same ; and a special tax bill shall issue in favor of the contractor against such railroad for its proportional part of the costs of such improvements and constitute a lien upon the roadbed, station houses, depots, bridges, rolling stock and real estate belonging to such railroad situate in this state. [Laws of 1903, page 67]. Sec. 6. Lien of contractor; how enforced. — The lien in fa- vor of the contractor, mentioned in this act, must be enforced by ART. XIII. GRADING AND PAVING STREETS. 137 suit on a special tax bill, as provided by section 5664 of chapter 91, article 3, of Revised Statutes of Missouri, 1899, in the cir- cuit court of the county wherein the improvements were made, within two years after the date of the issuance of the tax bills. [Laws of 1903, page 68]. Sec. 7. Judgment a lien on property of railroad company. — The judgment to be rendered on such tax bills shall be a special lieu on the roadbed, station houses, depots, bridges, rolling stock and real estate of such railroad company, situate in this state ; and a special fieri facias shall issue upon said judgment, as is now provided by law, commanding the sheriff of the county where judgment is rendered to sell all of the above mentioned property, according to law, to satisfy said judgment and costs of suit. [Laws of 1903, page 68] . Sec. 8. Sidewalks. — Owniers or occupants of real property may be required to make, according to rules and regulations pre- scribed by ordinance, repairs of sidewalks, curbing and guttering, or either, in front of their property and on the adjoining side of the street or avenue. In such repairs may be included the keep- ing in good order and proper place any of the improvements, and also cleaning or removing therefrom ice, snow, earth or other substances. Such rules and regulations shall be deemed police regulations, and violations thereof may be punished accordingly by fine or imprisonment. [R. S. 1899, Sec. 5525]. Sec. 9. What costs paid out of revenue. — -The cost of repair- ing and keeping in repair the paving and macadamizing of all streets and avenues shall be paid out of the general revenue of the city. The cost of repairing the pavement or planking of any sidewalk, or any curbing and guttering alongside, shall, when done by the city, be charged to the particular lot or lots or parcel of land fronting on 'the spot where such may be made, and ad- joining that side of the street or avenue where such spot may be. The common council may, in its own discretion, by ordinance, provide for giving owners of property liable to be charged with the cost of paving and planking sidewalks, and curbing and gut- tering alongside and repairing the same reasonable time and op- portunity to do or cause to be done the work necessary, or of any such work, under such regulations as may be prescribed therefor, 138 CHARTER. at their own expense. The costs of repairing the pavement or planking any sidewalks or curbing or guttering shall, when not done by the owner of the property liable therefor in the tirst in- stance, be paid out of the general revenue of the city : but the city engineer shall compute, apportion and charge on the prop- erty liable the cost of such repairing done at each spot, and make out in favor of the city a special tax bill against each lot or parcel of land liable for the cost, which bill shall be registered and col- lected, as provided in section 5664, b}^ and in the name of the city, and be subject to the defenses in that section provided ; and when collected the money shall be paid into the city treg,sury to the credit of the general revenue. The common council may, by gen- eral ordinance, empower the city engineer to require in his dis- cretion, the repairs last mentioned to be made, and to make or cause the same to be made for or on account of the city, as he may deem best ; or it may direct by general contract or special con- tract for each job of repairing entered into, without letting the same to the lowest and best bidder, as in case of other work, or otherwise. [R. S. 1899, Sec. 5681]. Sec. 10. Council to prescribe width of sidewalks, etc. — The common council shall, before any street or avenue, or part thereof, be improved, determine the width of sidewalks thereon, and may, in its discretion, provide for grading the whole width of the street or avenue, including sidewalks, under the same contract ; but in such case the cost of work on sidewalks shall be computed separately ; and all work under the contract shall be apportioned, charged and paid for as provided in this article for each kind of work. The work done in constructing, partially or wholly, any street or avenue, may be protected from surface water by tem- porary drains or culverts put in under the direction of the city engineer, or other officer in charge of or superintending the work, or otherwise, as provided by ordinance: and llie same may be closed, removed or altered at will, and the city shall not be liable for damage resulting to private property from insufficienej' or want of repair of such drains or culverts, or in respect thereof in any way. "When the city owns in fee simple absolute any lot or parcel of land liable to be charged for work by special tax bill, and in any case of improvement alongside of a public square, or other place held for public use other than a street, avenue, alley or highway, the city shall, out of the general revenue of the city. ART. XIII. GRADING AND PAVING STREETS. 139 pay its proper apportiocate share of the cost of the work men- tioned in section 5661, a tax bill against the city to be issued, in which the city may be sued in default of payment ; but no prop- erty held for public use shall be sold, and the judgment shall be the same as ordinary judgments for the recovery of money on con- tract. [R. S. 1899, Sec. 5682]. Sec. 11. Proceeding's on petition for improvements. — When it is proposed to grade, construct, reconstruct, pave are otherwise improve or repair any street, sidewalk, alley, avenue or public highway, or any part thereof, and pay therefor in special tax bills and under existing laws a petition therefor is required, a peti- tion shall be sufficient, if signed by property holders owning a majority of the front feet of property owned by residents of the city, and fronting on the street, sidewalk, alley or avenue or pub- lic highway, or part thereof, proposed to be improved. When a petition has been signed the same may be published for five days in some newspaper printed in the city, and thereafter the com- mon council shall hear and decide on all objections thereto, if any. If the common council shall, in the ordinance, cause to be done the work petitioned for find and declare that the work has been petitioned for, and the petition published according to law, such finding and declaration shall be conclusive for all purposes ; and no special tax bills shall be invalid or be affected by any de- fect in or objection to the petition. Special tax bills against dif- ferent lots or parcels of land owned by the same person or per- sons may be joined in one suit, a separate judgment to be entered on each bill, and execution accordingly to be issued. In making out special tax bills against corner lots, for work on sidewalks, and curbing and guttering, they shall be charged for work on both fronts and outside corners. [R. S. 1899, See. 5683]. Sec. 12. Contractors to give bond. — Contracts for making city improvements on streets, avenues or alleys, or constructing sewers, let to the lowest responsible bidder, shall contain a cove- nant on the part of the contractor or contractors with the city to pay all laborers employed on the job, and performance of such covenant shall be guaranteed by two or more sureties signing the contract, whose sufficiency shall be approved as provided by or- dinance, but who shall not be liable beyond the estimated cost of the labor on the job, to be stated in the contract: Provided, 140 CHARTER. that the city shall not be liable for the sufficiency of the contract- ors or sureties, nor for any failure to comply with or irregularity in complying with this provision. Laborers who may do work stipulated for by any such contract may recover in an action in the name of the city for their use, in which no costs shall be ad- judged against the city, and all costs not adjudged against the de- fendants shall be adjudged according to equity against persons for whose use the suit may be prosecuted, all due them for labor not exceeding the estimated costs of the labor as stated in the con- tract ; such recovery may be had against the contractor and sure- ties, or either, as in chancery ; but it shall not be necessary to file with the petition the original contract. The suit shall be brought for the benefit of all laborers on the job, and the amount due them be ascertained by the court or a referee, unless the court direct an issue as to the amount due one or more laborers, to be tried by a jury; ])ending the suit laborers not mentioned in the petition, whether they have done work before or after the com- mencement of the suit, may become parties to the proceeding by appearing and filing in the action a written statement of then' demand, such notice thereof as the court may direct to be given the defendants, and reasonable opportunity to defend to be given. The proceedings shall, as far as practicable, be governed by the rules and principles of courts of chancery, so as to aiford speedy and adequate relief, according to the letter and spirit of this sec- tion. Judgment shall be rendered for the estimated cost of la- bor, as stated in the contract, and execution be awarded and is- sued for the aggregate amount found due laborers, not exceeding the estimated cost in the contract, which shall be collected with costs. Money made shall, after paying costs, be divided and paid pro rata among laborers for whose use the judgment may be ren- dered, the court to decide questions as to distribution summarily by motion. No action shall be brought or be prosecuted for the benefit of laborers on the contract, unless the suit be commenced within one year after the completion of the work to be done under the contract and acceptance thereof by the city, nor shall such ac- tion be brought before such completion and acceptance, unless the court find good cause therefor, according to averments in the petition. Such suit shall be brought in some court of competent jurisdiction in the county in which such city is located, if jurisdic- tion of the proper parties can be obtained in that county. [R. S. 1899, Sec. 5684]. ART. XIV. BOULEVARDS. 141 ARTICLE XIV. BOULEVARDS— SPECIAL TAX BILLS— SPRINKLING AND CLEAN- ING STREETS. Section , bECTiON 1. Act shall apply to what cities. 4. Sprinkling of streets, alleys, 2. Authoiizing construction of avenues and highways. boulevards. 5. Manner of issuing tax bills. '3. Special tax bills may be issued I for grading, paving, etc. j Section 1. Act shall apply to what cities. — Any city now containing or which hereafter may contain more than fifty thou- sand and less than tw^o hundred and fifty thousand inhabitants shall have the powers hereinafter set forth. [R. S. 1899, Sec. 6355] . Sec. 2. Authorizing construction of boulevards. — Whenever a majority of the resident property owners on any stix3et, avenue or boulevard, for a distance of not less than four blocks, shall pe- tition the common council of the city for the complete construc- tion and maintenance for a period of five years of said street as a boulevard, then said common council may, according to the terms of said petition and in accordance with specifications proposed by the city engineer, cause the said street, avenue or boulevard to be graded, regradecl, provision made for surface drainage, curbed, guttered, paved, repaved, plant trees thereon, construct sidewalks, lay sod, or otherwise improve and maintain the same in perfect order for a period of five years : Provided, that only such work is done as is specified in said petition, which may be for all or such part of the above described work as is therein set forth. [R. S. 1899, Sec. 6355]. Sec. 3. Special tax bills may be issued for grading, paving, etc. — The common council of such city may, by ordinance, provide that special tax bills, issued for any work of grading, paving, re- paving, or the construction of district sewers and sidewalks, shall be made payable in five equal installments— the first installment to become due on the first day of January or the first day of July following the issue of said bills, whichever date is nearest to a period of one year from date of issue; the second installment 142 CHARTER. shall become due in one year, the third installment in two years, the fourth installment in three years and the fifth installment in four years after the first installment is due as above mentioned. Such tax bills shall bear interest at the rate of seven per cent per annum. The interest on the whole amount of the tax bills shall become due first on the date when the first installment becomes due, with interest to that date ; thereafter they shall be payable at any time, with interest up to the following first day of January, when the first installment shall have been due in January or on the following first day of July when the first installment shall have been due in July. If any installment of any such tax bill or any interest thereon be not paid when due, then all the remaining installments shall immediately become due and collectable, together with interest at the rate of eight per cent per annum from the date of issue of said tax bills, less the sum of any interest that may have already been paid on said installments. Suits may be brought to enforce the pajmient of such tax bills, or any installment or installments thereof, in the manner provided by the charter of such city for the bringing of suits on other tax bills : Provided, however, that the owner or owners of any tract or parcel of real estate charged with the pay- ment of such tax bill, or the owner or owners of any interest in such tract or parcel of real estate shall, within sixty days from date of issue, file with the common council a written statement of each and all objections which he or they may have to the validity of such tax bill, the doing of the work, the furnishing of the mate- rials charged for, the sufficiency of the work or materials therein used, and to any mistake or error in the amount thereof; and in any suit on any tax bill issued pursuant to this section no objec- tion or objections to it shall be pleaded or proved other than those ■which have been filed with the common council within the period aforesaid. The ordinance authoi'izing and ordering any work to be done according to the provisions of this section, and every amendment thereto, shall not be finally voted upon and passed by the common council until such ordinance, and the petition in case of paving, shall have been first published at least five days in the newspaper at the time doing the city printing, and before the passage of such ordinance the common council shall hear and determine all objections, if any there be, to such ordinance or pe- tition. If the common council shall find and declare by ordinance that the ordinance or petition authorizing such work to be done ART. XIV. BOULEVARDS 143 have been published for the time and in the manner herein re- quired, such finding and recitations shall be conclusive upon all parties concerned, and no tax bill shall be held invalid on account of the insufficiency of such petition and notice. The lien of all tax bills issued under this section shall continue for a period ot* one year after the last installment specified therein shall have become due and payable, and no longer, unless within such year suit shall have been instituted to collect such tax bill, in which ease the lien of such tax bill shall continue until sale of the prop- erty under execution on the judgment rendered establishing the same, and no default in the payment of any previous installment shall operate to diminish the period during which such lien shall continue. Such tax bills and liens thereof shall be assignable, and suits may be brought thereon in the same manner as on other tax bills issued by such city. [R. S. 1899, Sec. 6356]. Sec. 4. Sprinkling of streets, alleys, avenues and highways. — The common council of such city may, by ordinance, cause any street, alley, avenue or public highway or any part thereof to be cleaned or sprinkled, or both cleaned and sprinkled, and three- fourths of the cost thereof paid out of the money collected on special taxes or assessments against the land fronting on such street, alley, avenue or public highway, or the part thereof on which such work may be done, according to the frontage of such land on the street, avenue, alley or public highway, and the re- maining one-fourth or balance of the cost thereof to be paid out of the city treasury. The board of public works shall prepare each year, and present the same to the mayor and common coun- cil, an estimate of the streets, alleys, avenues or public highways to be cleaned or sprinkled during the coming fiscal year, showing the amount of work to be done and the estimated cost thereof. The common council may, by ordinance, provide that the work or any part thereof shall be done and three-fourths of the cost be paid for in special assessment. [R. S. 1899, Sec. 6357]. Sec. 5. Manner of issuing tax bills. — All tax bills issued under the authority of this act shall be issued in the same manner and under the same regulations for ascertaining the amount which shall be assessed against each lot or parcel of real estate to be assessed as may be provided in the charter of any such city for issuing tax bills for work of the same character as those specified in this act. [R. S. 1899, Sec. 6358]. 144 CHARTER. ARTICLE XV. PLAN OF STREETS— ADDITIONS AND PLATS. Section 1. Power of council to establish plan for grading. 2. Plats to be submitted to council. 3. Streets in additions, plan of. 4. Plat to be approved, acknowl- edged and recorded. Section 5. Duty of recorder, copies to be evidence, fi. Penalty for selling lots, fee vested in city, when. 7. Penalty for recording imperfect plat. Section 1. Power of council to establish plan for grading. — The common council of such city shall have power to establish a general plan for the location and grading of streets, alleys and public highways within the city ; and in all subdivisions of the property hereafter to be made by the respective owners, they shall be required to conform their streets, alleys and public high- ways to said general plan ; and it shall be the express duty of the mayor to see that all ordinances to enforce his power are strictly executed. [R. S. 1899, Sec. 5660]. Sec. 2. Plats to be submitted to council. — It shall not be lawful for any person or persons to make or file any plat of land as an addition to such city, or to subdivide or alter any blocks, lots or other subdivisions of land of which plats have never been filed, or to sell any lots, blocks or other subdivisions of land ac- cording to such plat, unless such plat shall have been submitted to the common council for their approval, and a certificate of such approval has been indorsed thereon by the city clerk, by order of the common council, to be recorded therewith. Any per- son or i)ersons who shall file, or cause to be filed or recorded any such [)lat, or shall sell or offer for sale any lots or other subdivis- ions of land hereafter made before such plat shall have been so approved and the certificate thereof recorded, shall be liable to the penalties prescribed in the chapter relating to plats : Pro- vided, that the common council shall have no power to approve any plat, nor shall any such plat be filed until the grades of all streets and alleys shall have been fixed by ordinance and such streets and alleys reduced to such established grades by and at the expense of the proprietors thereof. [Laws of 1905, page 73]. ART. XV. PLAN OF STREETS. 145 Sec. 3. Plats of cities, etc., to be made out, when — shall show what. — Whenever any city, town or village, or any addition to any city, town or village shall be laid out the proprietor of such city, town or village, or addition shall cause to be made out an accurate map or plat thereof, particularly setting forth and de- scribing: First, all parcels of ground within such town, village or addition reserved for public purposes by their boundaries, course and extent, whether they be intended for avenues, streets, lanes, alleys, commons or other public uses; and, second, all lots for sale, by numbers, and their precise length and width. And the streets of all such additions to cities, towns or villages, or of plats of ground, except plats for cemetery purposes, shall conform to the streets of such city, town or village, so that the streets and avenues of such additions or plats shall, as near as may be, run parallel with or be continuations on a straight line of the streets of said city, town or village, and all taxes against the property proposed to be platted shall be paid. [R. S. 1899, Sec. 8955]. (a) Sec. 4. Plat to be acknowledged and recorded.— Such map or plat shall be acknowledged by the proprietor before some coiu't or officer authorized by law to take the acknowledgment of con- veyances of real estate, and recorded in the office. of the recorder of deeds of the county in which the land platted is situated : Pro- vided, however, that no such plat of an addition to a city, town or village, or plat of ground, shall be so recorded until the same has been submitted to and approved by the common council of such city, town or village, by ordinance duly passed and approved by the mayor, and such approval thereof indorsed upon said plat, under the hand of the clerk and seal of said city, town or village, nor until all taxes against the same have been paid. [R. S. 1899, Sec. 8956]. (b) (a) Actual possession by the city and user by the public are sufficient to show that the place is a street, without proof of formal dedication: Maus V. City of Springfield, 101 Mo. 613; Downend v. Kansas City, 156 Mo. 73; Boyd v. City of Springfield, 62 App. 456. The platting of a street, as such, on the plat of a city, and its use by the public, are sufficient to show that it is a public street of the city: Pierson v. City of Lebanon, 69 App. 321. The mere acceptance of ground dedicated for a street does not impose upon the city the obligation to open it for use, though it has the power to do so: Downend v. Kansas City, 71 App. 529. (b) Where the platter has done all the law demands, the approval of the plat by the council is merely a ministerial duty, the performance of which may be compelled by mandamus: State ex rel. Strother v. Chase, 42 App. 343. lO 146 CHARTER. Sec. 5. Duty of recorder when plat delivered, certified copies to be evidence. — It shall also be the duty of the recorder to record all plats delivered to him for record in a book to be called a plat book, and, when necessary to preserve uniformity, he shall reduce the scale of the original plat, and on each copy so made he shall indorse the following certificate under his hand: "This plat is truly copied from the original. (Signed) , recorder.'' Copies of the record of plats from said plat book, properly certified under the hand and official seal of the recorder, shall be evidence in all courts of justice. [R. S. 1899, Sec. 8957]. Sec. 6. Penalty for selling lots — fee vested in city, when. — If any person shall sell or offer for sale any lot within any city, town or village, or any addition thereto, before the plat thereof be made out, acknowledged and recorded, as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot which he shall sell or offer to sell. Such maps or plats of such cities, towns, villages and additions made, acknowledged, certi- fied and recorded shall be a sufficient conveyance to vest the fee of such parcels of land as are therein named, described or in- tended for public uses in such city, town or village, when incor- porated, in trust and for the uses therein named, expressed or in- tended, and for no other use or purpose. If such city, town or village shall not be incorporated, then the fee of such lands com veyed as aforesaid shall be vested in the proper county in like trust, and for the uses and purposes aforesaid, and none other. [R. S. 1899, Sec. 8959]. Sec. 7. Penalty for recording imperfect plat. — If any person, his agent or attorney shall cause a map or plat of any such city, town, village or addition thereto to be recorded which does not set forth and describe all parcels of ground which have been or shall be promised or set apart for public uses, such persons shall forfeit double the value of the ground so promised or pretended to have been set apart for public uses, and not set forth on the plat. The forfeitures arising under this chapter may be recovered by civil action, with costs, in the name of the county to the use of the school fund of the incorporated city, town or village in which the land lies, or the county, as the case may be. [R. S. 1899, Sec. 8960]. ART. XVI. SEWERS. 147 ARTICLE XVI. SEWERS. Section 1. Sewer system — public sewers. 2. District sewers. ■r,.-'TION 3. Private sewers. 4. Condemnation of property. Section 1. Of sewers. — The common council shall have power to cause a general sewer system to be established, which shall be divided into three classes, to wit : Public, district and private sewers. Public sewers shall be established along the principal courses of drainage, at such times, to such extent, of such dimensions and under such regulations as may be provided by ordinance, and these may be extensions or branches of sewers already constructed or entirely new throughout, as may be deemed expedient. The common council shall levy a tax on all property made taxable for state purposes over the whole city to pay for the constructing, reconstructing and repairing of such work, which tax shall be called "special public sewer tax," and shall be such amount as may be required for the sewer provided by ordinance to be built ; and the fund arising from said tax shall be appro- priated solely to the building and repairing of said sewers. No sewer shall be run diagonally through private property when it is practicable, without injury to such sewer, to construct it parallel with one of the exterior lines of such property ; nor shall any pub-, lie sewer be constructed through private property when it is prac- ticable to construct it along or through a street or other public highway. [R. S. 1899, Sec. 5685]. Sec. 2. District sewers.^District sewers shall be established within the limits of the districts to be prescribed by ordinance, connecting with a public sewer or other district sewer, or with the natural course of drainage, as each case may be. Such district may be subdivided, enlarged or changed by ordinance, at any time previous to the construction of the sewer therein. The com- mon council shall cause sewers to be constructed in each district whenever a majority of the property holders, residents therein, 148 CHARTER. shall petition therefor, or whenever the common council may deem such sewer necessary for sanitary or other purposes, and said sewer shall be of such dimensions as may be prescribed by ordi- nance, and may be changed, enlarged or extended, and shall have all the necessary laterals, inlets and other appurtenances which may be required. As soon as the district sewer shall have been completed the city engineer, or other officer having charge of the work, shall compute the whole cost thereof, and shall assess it as a special tax against the lots of ground exclusive of the improve- ments, in proportion to the area of the whole district, exclusive of public highways, and such officer shall make out a certified bill of such assessment against each lot of ground within the district, in the name of the owner thereof; said certified bill shall be de- livered to the contractor for the work, who shall proceed to col- lect the same by the ordinary process of law, in the name of the city, to his own use, and, in case of absent owners, he may sue by attachment or by any other process known to the law ; and every such certified bill shall be a lien against the lot of ground described therein, and shall bear interest at the rate of ten per cent per annum from thirty days after the date of its issue, unless sooner offered to be paid, and if not paid or offered to be paid within six months after the date of issue, then it shall bear interest at the rate of fifteen per cent per annum until paid ; and every such certified bill shall, on action brought to recover the amount thereof, be prima facie evidence of the validity of the charges against the property therein described, and of the liability of the person therein named as the owner of such property. The city shall incur no liability for building district sewers, except when the city is the owner of a lot of ground within the district, and in that case the city shall be liable for the cost of said sewer, in the same manner as other property owners within the district. The repairs, cleaning and other incidental expenses of district sewers shall be paid out of a general appropriation for that purpose. The lien of such special tax bills shall continue for two years after the issue of the same, but no longer, unless suit be brought to collect the same within two years from the issue thereof, in which case the lien shall continue until the determination of the ART. XVI. SEWERS. 149 legal proceedings to collect the same, including any sale of the property charged. [R. S. 1899, Sec. 5686.] (c) Sec. 3. Private sewers. — Private sewers connected with pub- lic and district sewers may be constructed under such restrictions and regulations as the common council may prescribe by general ordinance, but the city shall be at no expense in the construction, repairing or cleaning the same. [R. S. 1899, Sec. 5687]. Sec. 4. Private property may be condemned. — The common council shall have power to condemn private property for use, oc- cupation or possession in the construction and repair of public sewers, in the same manner as other property is condemned for other public uses. [R. S. 1899, Sec. 5688] . (c) The exercise of the power of a city to construct sewers is of a legisla- tive or quasi judicial character — is discretionary with the municipal board, and a failure to act will not in general give any right of action to a private party: Woods v. The City of Kansas, 58 App. 272. If a city neglects after notice, or after such time as notice will be im- puted to it, to remove obstructions in its sewers, and property is overflowed and damaged by reason thereof, then the property owner has a cause of action against it: Woods v. The City of Kansas, 58 App. 272. 150 CHARTER. ARTICLE XVII FIRE DEPARTMENT. 5. 6. Section 1. Fire limits. 2. Power of council. 3. Fire engines to bo procured, etc. 4. Fire department empowered to create funds for pensioning disabled firemen. Honorary members, admission of. Board of trustees, who to com- pose. City treasurer ex-officio treas- urer of board. Relief fund and retirement fund created — sources of revenue. One per cent, of certain reve- nues may be set apart for re- lief fund. Certain moneys to go into re- tirement fund. Powers of board of trustees. Transfer of money from retire- ment fund to relief fund au- thorized. Members of Are department may be assessed for benefit of re- lief fund. Moneys in funds may be in- vested. 15. To be loaned separately. ' Section 10. 11. 12. 14. 17. 18. 19. 24 26 27 Who to be beneficiaries of re» lief fund. Widow and children of firemen beneficiaries, when. Relatives beneficiaries of re- tirement fund, W'hen. Member of fire department ben- eficiary of retirement fund, when. Widow and chnaren benefi- ciaries of retirement fund, when. When funds are short, moneys to be prorated to beneficiaries. Treasurer to give bond. Warrants to be drawn on treas- urer at request of board. Money paid beneficiaries only upon warrant. Board of trustees to report to city legislative body. Pension money exempt from garnishment, etc. Fire department association au- thorized to transfer funds to board of trustees. Funeral expenses may be paid out of retirement fund. Section 1. Fire limits. — ^The common council shall have power, by ordinance, to prohibit the erection or repairing of wooden buildings within such limits as may be prescribed by ordi- nance, and to direct that all buildings within the limits prescribed shall be made or constructed of fireproof material, and to declare all dilapidated buildings to be nuisances, and to direct the same to be repaired, removed or abated in such manner as they shall prescribe and direct, and to declare all wooden buildings within the fire limits which they may deem dangerous to contiguous buildings, in causing or promoting fires, to be nuisances, and to require or cause to be removed in such manner and under such penalties to the owners or proprietors thereof as they may direct. [R. S. 1899, Sec. 5689]. ART. XVII. FIRE DEPARTMENT. 151 Sec. 2. Power of council to provide against fires. — The com- mon council shall have power : I. To prohibit the construction of chimneys, flues, fire- places, stovepipes, ovens or other apparatus used in or about any building or manufactory, and cause the same to be removed or put in a safe condition when considered dangerous. II. To prevent the deposit of ashes in unsafe places ; and may appoint one or more officers to enter into all buildings and inclosures to examine whether the same are in dangerous condi- tion, and to cause such as may be dangerous to be put in a safe condition. III. To regulate and prevent the carrying on of manufac- tories dangerous in promoting or causing fires. IV. To regulate, prevent and prohibit the use of fireworks and firearms. V. To direct and prohibit the management of houses for the storing of gunpowder and other combustibles and dangerous materials within the city; to regulate the keeping and conveying the same, and the use of candles and other lights in stables and other like houses. VI. To regulate and prescribe the manner and order of building parapets and partition walls and partition fences. VII. To compel the owners or occupiers of houses or other buildings to have scuttles on the roof, and stairs or a ladder lead- ing to the same. VIII. And generally to establish such regulations for the prevention and extinguishment of fires as the common council may deem expedient. [R. S. 1899, Sec. 5690]. ' Sec. 3. May procure engines, etc.^The common council may procure steam fire engines and other apparatus used for the extinguishment of fires, and have the charge and control of the same, and provide fit and secure houses and other places of keep- ing and preserving the same, and shall have power: 152 CHARTER. I. To organize fire, hose, axe and ladder companies. II. To appoint and pay, during their pleasure, a competent number of able and reputable inhabitants of the city as firemen, to [have] the care and management of the engines and the appar- atus and implements used and provided for the extinguishment of fires. III. To prescribe the duties of firemen and to make rules and regulations for their government, and to impose reasonable penalties upon them for a violation of the same, and for incapac- ity, neglect of duty or misconduct to remove them. IV. The common council shall have the poveer to appoint a chief and assistant engineer of the fire department, and they, with the other firemen, shall take the care and management of the engine and other apparatus provided and used for the ex- tinguishment of fires ; and their powers and duties shall be pre- scribed and defined by the common council, the particulars of all which shall be prescribed by ordinance. [R. S. 1899, Sec. 5691]. Sec. 4. Fire department empowered to create funds for pen- sioning disabled firemen. — Any fire department existing by au- thority of tlie laws of this state, or any municipal authority thereof, in any city in this state now having or which may hereaf- ter acquire a population of more than one hundred thousand inhabitants, is hereby authorized and empowered to create funds for the purpose of pensioning firemen and afi'ording relief to members of such fire department when sick, or who may become disabled in the service, or retired, and provide for the relief of the families and other dependents of such firemen in case of death, under such rules and regulations as may be enacted by the board of trustees of such funds, subject to the provisions of this act, and not inconsistent with the constitution and laws of this state. [Laws of 1903, page 87]. Sec. 5. Honorary members, admission of. — The board of trustees may provide for the admission of honorary members of the department in such manner and under such conditions as may be set forth in the rules and regulations enacted by said board of trustees. [Laws of 1903, page 87]. ART. XVII. FIRE DEPARTMENT. 153 Sec. 6. Board of trustees, who to compose. — In cities the treasurer, the eoimselor, the clerk or register, and the comptroller, where such office exists, the chief officer of the fire department, four delegates at large from the fire department, to be elected by the members thereof on the first IMonday of December of each year, whose term of office shall be for one year, and one delegate from the retired or pensioned list, to be elected by the retired or pensioned members on the first Monday of December of each year, whose term of office shall be for one year, shall constitute and be a board to be known as the "board of trustees of the firemen's pension fund." The board shall select from their members a president and secretary. [Laws of 1903, page 87]. Sec. 7. City treasurer ex-officio treasurer of board. — ^The treasurer, in all cities in this state to which this act is applicable,, shall be ex-officio treasurer of said board, and as such shall have charge of the funds and securities provided for herein. He shall give such bond as the board may require, and shall be subject to the order and direction of the board. [Laws of 1903, page 87]. Sec. 8. Relief fund and retirement fund created — sources of revenue. — The revenues which shall form and maintain the fire department pension funds in cities to which this act is appli- cable shall be divided as follows, viz: first, into the "relief fund," and, second, into the "retirement fund." Said funds shall be created as hereinafter provided, and shall be separately kept, and used only as provided in this act. The funds which shall be credited to and form the "relief fund" shall be realized and se- cured from the following sources: All moneys and securities re- maining in the hands or under control of any incorporated fire department pension fund and relief association existing in any such city at the time this act shall take effect, which may be transferred to said fund by authority of the membei^s of such as- sociation, and all moneys which may now be under the control of any board of trustees of the firemen's fund, or firemen's pen- sion fund, in any such city at the time when this act shall take effect; all moneys derived by any such city from the sale of all condemned stock, horses, mules, condemned hose, or other fire apparatus of every kind or description, which may be set apart to said fund by act or ordinance of the municipal authorities of such city; all moneys received from rejected or surplus material 154 CHARTER. or article of value coming into the department and disposed of and sold by the officers of any such city, which may be set apart to said fund by act or ordinance of the municipal authorities of such city ; all moneys levied and collected by any court as fines for the violation of the laws in relation to the construction of any certain class of buildings of prohibited materials within the fire limits of any such city as established l)y law or ordinance, which may be set apart to said fund by act or ordinance of the munici- pal authorities of such city ; all fines derived from any violation of any building law or ordinance in any such city, which may be set apart to said fund by act or ordinance of the municipal author- ities of such city ; all fines and penalties that may be collected for violating the municipal laws or ordinances regulating the quantity, quality or storage of petroleum, coal oil, gasoline, tur- pentine, or any product thereof, all hemp, cotton, powder, giant powder, dynamite or other combustible or inflammable substance, liquid or material that is considered extremely dangerous or haz- ardous, which may be set apart to said fund by act or ordinance of the municipal authorities of such city ; all moneys derived from licenses or privileges to store or manufacture coal oil, pe- troleum, gasoline, turpentine, powder, giant powder, dynamite, hemp, cotton, or other combustible or inflammable substances, liquid or material • that is considered extremely dangerous or hazardous, which may be set apart to said fund by act or ordi- nance of the municipal authorities of such city ; and all moneys derived from any and all other sources that may by any law or or- dinance of this state, or any municipalit}^ thereof, be set apart for the benefit of any such fire department pension fund in any such city in this state. The funds which shall be credited to and form the "retirement fund'' shall be realized and secured from the following sources: All initiation fees and dues from the active and honorary members of the depart- ment ; all moneys derived from citizens or others for services rendered by any such fire department to such citizens or others for pumping out cellars, filling cisterns, removing dangerous walls, buildiings or other obstructions that are injurious or dan- gerous to the inhabitants of any such city, and the emoluments from all such other work as may be permitted by any such city to be performed ])y the department outside of its legitimate and proper duty; all fines and penalties imposed upon membei-s of the department for any dereliction of duty, or for violation of any ART. XVII. FIRE DEPARTMENT. 155 rule or order or regulation of the department, after any such rule, order or regulation has been properly promulgated and made known to the department, such fine or penalty shall not ex- ceed fifty dollars, or be less than five dollars, for any one ott'ense ; all donations received by the chief or any other officer of the de- partment from any citizen or other person or corporation for and in the name of the department ; and all moneys derived from lec- tures, picnics and other entertainments authorized by the de- partment. [Laws of 1903, page 87], Sec. 9. One per cent of certain revenues may be set apart for relief fund. — -The municipal authorities in cities in this state to which this act is applicable may, by act or ordinance, set apart not exceeding one per centum of all revenues received for munic- ipal purposes by such cities from licenses issued by such cities as a fund for the pensioning of crippled and disabled members of the fire department, and of the widows and orphans of deceased members of the fire department of such cities, which moneys shall be credited to said "relief fund." [Laws of 1903, page 88]. Sec. 10. Certain moneys to go into retirement fund. — All re- wards in money, fees, gifts and endowments that may be paid or given for or on account of extraordinary services by said fire de- partment, or any member thereof, except when permitted by or- der of the board to be retained by said member, may be paid into said "retirement fund," and the said board of trustees may take by gift, grant, devise or bequest any money, real estate, personal property, right of property or other valuable thing, and the same shall be treated as a part of and for the use of said "retirement fund:" Provided, however, the principal of said fund shall never in the aggregate exceed the sum of two hundred and fifty thousand dollars. [Laws of 1903, page 88]. Sec. 11. Powers of board of trustees. — The board of trustees of the firemen's funds shall have exclusive control and manage- ment of the separate funds mentioned in this act, and of all the moneys donated, paid or assessed for the relief or pensioning of crippled, disabled or retired members of the fire department, and their widows, minor children and dependents. Said board shall make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications 15 '3 CHARTER. for relief or pensions under this act, and its decision on such ap- plications shall be final and conclusive, and not subject to re- view and reversal, except by the board, and a record shall be kept of all the meetings and proceedings of the board. [Laws of 1903, page 89]. Sec. 12. Transfer of money from retirement fund to relief fund authorized. — The moneys and securities credited to the "re- lief fund" under the provisions of this act shall in no case be transferred to or become a part of the "retirement fund," or used in whole or in part for the purposes for which the latter fund is created : ])ut the board of trustees shall have the power, for the purpose of equalizing the demands against said funds, to transfer any part of the moneys credited to said "retirement fund" to the former fund, and such moneys shall thereafter be- come a part of the same. [Laws of 1903, page 89]. Sec. 13. Members of fire department may be assessed for benefit of relief fund. — The board of trustees may assess each member of the fire department such sum per month as may be de- termined by the rules and regulations adopted by the board, and such assessment shall not be increased or diminished during any one fiscal year, the sums so assessed to be deducted and with- held from the monthly pay of each member, and the same to be placed by the treasurer of the board to the credit of the "relief fund." [Laws of 1903, page 89]. Sec. 14. Moreys in funds may be invested. — Said board of trustees shall have power to draw such funds as are credited to the "relief fund" under the provisions of this act from the treasury of such city, and may invest the same, or any part thereof in the name of the "board of trustees of the firemen's pension fund," in the interest-bearing bonds of the United States or the state of IMissouri, or of any county, township or municipal corporation of the state, or loan the same on real estate in the city where such pension funds are established, not exceeding in amount in any case two-thirds of the assessed taxpaying valua- tion of such real estate ; and said board shall have power to in- vest the funds credited to the "retirement fund" in like manner. All such securities shall be deposited with the treasurer of such city as ex officio treasurer of such board. [Laws of 1903, page 89]. ART. XVII. FIRE DEPARTMENT. 157 Sec. 15. To be loaned separately. — Said funds shall be loaned separately, and the interest received from the investment of same shall be credited to said funds respectively. [Laws of 1903, page 89]. Sec. 16. Who to be beneficiaries of relief fund. — If any member of the fire department of any such city shall, while in performance of his duty, become and be found, upon an examina- tion by a medical oiScer ordered by said board of trustees, to be physically or mentally permanently disabled by reason of ser- vice in such department, so as to render necessary his retirement from service in said fire department, said board of trustees shall retire such disabled member from service in such fire depart- ment : Provided, however, no such retirement on account of dis- ability shall occur unless said member has contracted said dis- ability in the service of such fire department ; and upon such re- tirement the said board of trustees shall order the payment to such disabled member of such fire department monthly, from the ■'relief fund," such sum of money as may be determined by the rules and regulations provided for the management of said funds ; and in case the party suffering such disability is a member of the volunteer department receiving no pay, the amount to be paid him shall be fixed by the board of trustees. [Laws of 1903, page 89]. Sec. 17. Widow and children of firemen beneficiaries, when. — If any member of such fire department shall, while in the per- formance of his duty, be killed or die as the result of an injury received in the line of his duty, or of any disease contracted by reason of his occupation as fireman, or shall die from any cause whatever while in such service, and shall leave a widow, or child or children under the age of sixteen years surviving, said board of trustees shall direct the payment from said "relief fund" monthly to such widow, while unmarried, such sum of money as may be determined by the rules and regulations provided for the management of said funds, and said board shall also direct the payment out of said "relief fund" for each child until it reaches the age of sixteen years such sum of money as may be determined by said rules and regulations; and in case the party suffering such disability is a member of the volunteer department the amount to be paid monthly to his widow and children aforesaid shall be fixed by said board of trustees. [Laws of 1903, page 90]. 158 CHARTER. Sec. 18. Relatives beneficiaries of retirement fund, when. — If any member of such lire department being single and unmar- ried shall, while in the performance of his duty, be killed, or die as the result of an injury received, or shall die of any disease contracted by reason of his occupation as fireman, or shall die from any cause whatever while in said service, and shall leave a father or mother who are dependent upon him for support, or a brother or sister under the age of sixteen years so dependent, said board of trustees shall direct the payment from the "retire- ment fund" monthly to each such dei)endent parent, and to each such dependent brother or sister under sixteen years of age such sum of money as may be determined by the rules and regulations provided for the management of said funds. [Laws of 1903, page 90]. Sec. 19. Member of fire department beneficiary of retire- ment fund, when. — Any member of the fire department of any such cit}', arriving at the age of fifty years, and having served twenty-two years or more in such fire department, of which the last two years shall have been continuous, may make application to be relieved from such fire department and retired; and if his application is granted, or if he shall be discharged from such de- partment, the said board of trustees shall order and direct that said person shall be paid out of the "retirement fund" monthly such sum of money as may be determined by the rules and regula- tions provided for the management of said funds ; and if he be a member of the volunteer fire department and not under pay, such amount monthly as may be fixed by the board of trustees. After the decease of such member his widow, providing their marriage shall have occurred prior to such retirement, and his children under the age of sixteen years, if any, shall be paid out of the "retirement fund" such sum of money as may be de- termined by said rules and regulations. [Laws of 1903, page 90]. Sec. 20. Widow and children beneficiaries of retirement fund, when. — If any member of such fire department shall die after having been retired and pensioned by reason of injuries sustained or disease contracted while serving as a member of the department his widow, providing tlieii- marriage shall have occurred prior to such retirement, and children under sixteen years of age, if any, shall be paid monthly out of the "retire- ment fund" such sum of money as may be determined by the ART. XVII. FIRE DEPARTMENT. 159 rules aud regulations provided for the management of said funds. [Laws of 1903, page 90] . Sec. 21. When funds are short, moneys to be prorated to beneficiaries. — If at any time there shall not be sufficient money in the funds created under the provisions of this act to pay each person entitled to the benefits herein provided the full amount per month provided for in said rules and regulations, then an equal percentage of such monthly payments shall be paid to each beneficiary until said funds shall have been replenished so as to warrant the payment in full of each of said beneficiaries. [Laws of 1903, page 91]. Sec. 22. Treasurer to give bond. — The treasurer of the board of trustees shall be the custodian of said pension funds, and shall secure and safely keep the same, subject to the control and direc- tion of the board, and shall keep his books and accounts concern- ing said funds in such manner as may be prescribed by the board, and said books and accounts shall always be subject to the in- spection of the board or any member thereof. The treasurer shall execute a bond to the city, with good and sufficient sureties, in such penal sum as the board shall direct, to be approved by the board, conditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly ac- count for all moneys and property which may come to his hands as such treasurer, and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys, and all securities and property which may have come to his hands as treasurer of such funds ; and said bond shall be filed in the office where the records of the city are kept, and may be sued on in the name of said city, to the use of said board or any person or persons injured by a breach thereof. ' [Laws of 1903, page 91]. Sec. 23. Warrants to be drawn on treasurer at request of board. — It shall be the duty of the officer or officers of such city who are designated by law to draw warrants on the treasurer of such city, upon request, in writing, by said board of trustees, to draw warrants on the treasurer of such city, payable to the treas- urer of such board of trustees, for all funds belonging to said pen- sion fund as aforesaid. [Laws of 1903, page 91]. Sec. 24. Money paid beneficiaries only upon warrant. — All moneys order to be paid from said pension funds to any person 160 CHARTER. or persons shall be paid by the treasurer of the board of trustees only upon warrants signed by the president of said board and countersigned by the secretary thereof, and no warrant shall be drawn except by order of the board, duly entered on the records of the proceedings of the board. [Laws of 1903, page 91]. Sec. 25. Board of trustees to report to city legislative body. — The board of trustees shall make report to the legislative body of such city of the condition of said pension funds immediately after the first meeting of said board in January of each year. [Laws of 1903, page 91]. Sec. 2G. Pension money exempt from garnishment, etc. — No portion of said pension funds shall, before or after its order of distribution by the board of trustees to the persons entitled thereto, and before the actual payment thereof to such persons, be held, seized, taken, subjected to, or detained or levied on by virtue of any attachment, execution, injunction, w^rit interlocu- tory or other order or decree, or any process or proceeding what- ever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damages, claim, demand or judgment against the beneficiary of said funds : but the said funds shall be held and distributed for the purposes of this act, and for no other purpose whatever. [Laws of 1903, page 91]. Sec. 27. Fire Department Association authorized to transfer funds to board of trustees. — Any fire department pension fund and relief association existing in any city to which this act is applicable is hereby empowered, by a majority vote of its mem- bers, to transfer and deliver all its property and effects, after the payment of. all debts and liabilities then due, to the board of trustees created under this act, and the said board of trustees is hereby authorized to credit said property and effects to the "relief fund" provided for in this act. [Laws of 1903, page 91]. Sec. 28. Funeral expenses may be paid out of retirement fund. — Whenever an active or retired fireman shall die, as afore- said, the board of trustees may appropriate from the "retirement fund" a Slim not exceeding one hundred dollars to the widow or family of such fireman for funeral expenses, and may expend a sum not exceeding fifty dollars, to be drawn from said fund, for the expenses of the attendance of the firemen at said funeral. [Laws of 1903, page 92]. ART. XVIII. PARKS. 161 ARTICLE XVIII. PARKS. Sec tion 1. Parks, how established. 2. Lands, how condemned. 3. Board of park commissioners established. Section 4. Duties. 5. Officers of Board. Section 1. Parks, how established. — Whenever any city de- sires to establish a park or pleasure grounds, the common council or mayor and board of aldermen of such city is hereby authorized and empowered to purchase or condemn lands in such city or within one mile thereof for that purpose, and shall by ordinance describe the metes and bounds of such lands to be purchased or condemned: Provided, that lands owned by such city may by ordinance be converted, set aside or appropriated for parks or pleasure grounds. [R. S. 1899, Sec. 6067]. Sec. 2. Lands, how condemned. — The common council or mayor and board of aldermen, in proceeding by ordinance, to purchase or condemn lands for the purpose in the preceding sec- tion stated, shall proceed in the manner provided in this chapter for the several classes of cities organized under this chapter re- spectively, or in the manner provided in the charter of such city for the condemnation of lands for the establishment of streets, avenues, alleys or market places, or public squares; and on such condemnation and the payment of the appraisement as therein provided, the title of such land shall vest in such city for the uses and purposes for which it was taken. [R. S. 1899, Sec. 6068]. Sec. 3. Board of park commissioners established. — There is hereby created a board of park commissioners in cities of the second class, to consist of three members to be appointed by the mayor by and with the consent of the common council. The term of each commissioner shall be for three years: Provided, that in establishing such board, one member shall be appointed for one year, one for two years, and one for three years ; one mem- 11 162 CHARTER. ber shall be appointed each year thereafter for a period of three years. Provided, further, that in all such cities where board now exist by virtue of any ordinance, the members thereof shall be permitted to serve out the terms for which they were appointed. [Laws of 1901, page 54] . Sec. 4. Duties. — Such board of park commissioners shall have charge of all public parks and such other grounds as may be turned over to them by ordinance. At the beginning of each fiscal year it shall be the duty of the common council in such cities to apportion such sums as may be deemed necessary for the main- tenance and improvement of the parks, and to appropriate there- from from time to time such sums as may be required by the park commissioners. Bills provided by the park commissioners shall be presented to the city auditor and allowed and paid as are other bills of the city: Provided, that it shall be unlawful for the board of park commissioners- to contract debts against the city in excess of the annual apportionment. [Laws of 1901, page 55]. Sec. 5. Officers of board. — Such board of park commission- ers shall elect one of its own members as president, and may pro- vide rules and regulations for its government. It may employ a general park superintendent, who shall be secretary of the board, and such other employes as may be deemed necessary from time to time. [Laws of 1901, page 55]. ART. XIX. PUBLIC LIBRARY. 163 ARTICLE XIX PUBLIC LIBRARY. Section 1. Library fund — tax levy for — election, etc. 2. Directors, how appointed. 3. Term of office — removal. 4. Vacancies, how filled — compen- sation. 5. Organization — powers of direc- tors—funds. 6. Who may use library — rules. 7. Board shall make annual report to council. Section 8. Council may provide penalties. Donations, how made. Library building fund may be created, election for. Plans, etc., for building — con- tract, how let. Power to sell or exchange build- ing lot. 9. 10. 11. Section 1. Library fund — tax levy for — election, etc.— When one hundred taxpaying voters of any incorporated city shall petition the mayor and common council asking that an an- nual tax be levied for the establishment and maintenance of a free public library in such incorporated city, and shall specify in their petition a rate of taxation, not to exceed two mills on the dollar annually, and in cities of over one hundred thousand inhab- itants not to exceed two-fifths of one mill annually on all the tax- able property in the city, such mayor and common council shall direct the proper officer to give notice in his next legal notice of the annual election, or special election, which may be called for the purpose of voting on such question, that at such election every voter may vote "for a mill tax for a free public library," or " against a mill tax for a free public library," specifying in such notice the rate of taxation mentioned in said petition ; and if the majority of votes cast on such prop- osition shall be "for the tax for the free public library" the tax specified in such notice shall be levied and collected in like man- ner with other general taxes of such incorporated city, and shall be known as the "library fund:" Provided, that such tax shall cease in case the legal voters of any such incorporated city shall so determine by a majority vote at any annual election held there- in. [Laws of 1901, page 84]. 164 CHA.RTER. Sec. 2. Directors. — When any incorporated city shall have decided to establish and maintain a public library and reading room under this article the mayor of such city shall, with the approval of the legislative branch of the municipal government, proceed to appoint a board of nine directors for the same, chosen from the citizens at large, with reference to their fitness for such office ; and no member of the municipal government shall be a member of said board. [R. S. 1899, Sec. 6467]. Sec. 3. Term of office — removal. — Said directors shall hold office one-third for one year, and one-third for two years and one- third for three years from the first of June following their ap- pointment, and at their first regular meeting shall cast lots for the respective terms ; and annually thereafter the mayor shall, be- fore the first of June of each year, appoint, as before, three di- rectors, who shall hold office for three years and until their suc- cessors are appointed. The mayor may, by and with the consent of the legislative branch of the municipal government, remove any director for misconduct or neglect of duty. [R. S. 1899, Sec. 6468]. Sec. 4. Vacancies, how filled — compensation. — Vacancies in the board of directors, occasioned by removals, resignations or otherwise, shall be reported to the city council and be filled in like manner as original appointments, and no director shall receive compensation as such, and no person shall be employed by such board of library directors who is related either by blood or by marriage to any director of said board. [Laws of 1901, page 85] . Sec. 5. Organization — powers of directors — funds. — Said directors shall, immediately after appointment, meet and organ- ize by the election of one of their number president, and by the election of such other ofHcers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance, and for the government of the library and reading room as may be expedient, not inconsistent with this ar- ticle. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose : Provided, that all moneys ART. XIX. PUBLIC LIBRARY. 165 received for such library shall be deposited in the treasury of said city or village to the credit of the library fund, and shall be kept separate and apart from other moneys of such city or village, and drawn upon by the proper officers of said city or village upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to occupy, lease or erect an appropriate building or buildings for the use of the said library ; shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such appointees ; and shall in general carry out the spirit and intent of this article in establishing and maintaining a public library and reading room. [R. S. 1899, Sec. 6470.] Sec. 6. Who may use library. — Every library and reading room established under this article shall be forever free to the use of the inhabitants of the city where located, always subject to such reasonable rules and regulations as the library board may adopt in order to render the use of said library and reading room of the greatest benefit to the greatest number ; and said board may exclude from the use of said library and reading room any and all persons who shall wilfully violate such rules ; and said board may extend the privileges and use of such library and read- ing room to persons residing outside of such city in this state upon such terms and conditions as said board may, from time to time, by its regulations, prescribe. [R. S. 1899, Sec. 6471]. Sec. 7. Annual report, what to contain. — The said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust on the first day of May of that year, the various sums of money received from the library fund a. id from other sources, and how much moneys have been expentled and for what pur- poses ; the number of books and periodicals on hand, the number added by purchase, gift or otherwise during the year; the num- ber and general character and kind of such books, with such other statistics, information and suggestions as they may deem of gen- eral interest. All such portions of said report as relate to the re- ceipt and expenditure of money, as well as the number of books on hand, books lost or missing, and books purchased, shall be ver- ified by affidavit. [R. S. 1899, Sec. 6472]. 166 CHARTER. Sec. 8. Council may provide penalties. — The city council of said city or village shall have poAver to pass ordinances imposing suitable penalties for the punishment of persons committing in- jury upon such library or the grounds or other property thereof, and for injury to or failure to return any boolv belonging to such library. [R. S. 1899, Sec. 6473]. Sec. 9. Donations. — Any person desiring to make donations of money, personal property or real estate for the benefit of such library, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this ar- ticle, to be held and controlled by such board, when accepted ac- cording to the terms of the deed, gift, devise or bequest of such property; and as to such property the said board shall be held and considered to be special trustees. [R. S. 1899, Sec. 64:74]. Sec. 10. How library building fund may be created — elec- tion, how and when ordered. — Whenever in any incorporated city which has decided or shall hereafter decide to establish and main- tain a public library and reading room under the provisions of this article one hundred taxpaying voters of any such incorpo- rated city shall petition the proper authorities, asking that an an- nual tax be levied as an increased rate of taxation for the erection of a free public library building in such incorporated city, and shall specify in their petition a rate of taxation not to exceed one and one-half mills on the dollar annually, and not to be levied for more than five years on all taxable property in such incor- porated city, and the board of directors of the free public library of such incorporated city shall deem it necessary that such library building should be erected, and so express its opinion by resolu- tion, then the proper authorities of such incorporated city shall, in the next legal notice of a regular election in such incorporated city, give notice that at such election every voter may vote for an annual increased rate of taxation for years of mills tax per annum for the erection of a free public library building, specifying in such notice the rate of taxation mentioned in such petition and the period for which it is to be levied, and if two- thirds of the qualified voters of such incorporated city voting at such election shall vote "for the increased tax for the erection of a free public library building" the tax specified in such notice shall be levied and collected in like manner with other general ART. XIX. PUBLIC LIBRARY. 167 taxes of said incorporated city, and shall be known as "the li- brary building fund," and shall be subject to the exclusive con- trol of said board, and be drawn upon by the proper officers of such city upon the properly authenticated vouchers of said board, and be used for the erection of the library building. The fund hereby provided for the erection of a free public building in any such incorporated city shall be in addition to the annual tax levied for the establishment and maintenance of such free public library. [R. S. 1899, Sec. 6478]. Sec. 11. Plans and specifications to be prepared and con- tract let. — -When it shall have been determined at such election to provide for the erection of a free public library building, as hereinbefore provided, the board of directors of such public libra- ry shall proceed to have plans and specifications of a public li- brary building prepared, and shall then take bids thereon for the construction of said building, and shall let the contract therefor to the lowest and best responsible bidder, and shall require of such bidder securities for the performance of his bid. The board may, however, let parts of the material or labor for the erection of the building to different bidders, as to it may seem best. [R. S. 1899, Sec. 6479]. Sec. 12. Board empowered to sell or exchange building lot. — "Whenever the board of directors of any public library shall have acquired, or shall hereafter acquire, a lot or tract of land, and said board may determine that it is not judicious to erect the library building upon such lot, said board is empowered to sell or exchange such lot and to use the proceeds of such sale or ex- change for the purposes of a site for a library building, or for the erection of a library building on any other land purchased or leased by or donated to said board and which it may deem suit- able to said building : Provided, this act shall not apply to cities under ten thousand inhabitants. [R. S. 1899, Sec. 6480] . 168 CHARTER. ARTICLE XX CHARITY BOARD. Section 1. Charity boards created in coun- ties containing cities of 50,000 and less than 150,000 inhab- itants — powers and duties of board. 2. Board how constituted — terras of office of members. 3. 0:ganization of board — salaries and fees of officials. Section 4. Dutj- of treasurer. 5. Records of proceeding's to be kept and report to be made to mayor. 6. Duty of board as to applicants for relief. 7. Police commissioners and health officers to aid charity boaid. Section 1. Charity boards created in counties containing cities of 50,000 and less than 150,000 inhabitants — powers and duties of board. — In all counties in this state that now or may hereafter contain cities of more than fifty thousand and less than one hundred and fifty thousand inhabitants there is hereby created and established a board, which shall be styled ' ' The char- ity board of the city of " All the powers and duties counected with and incident to the relief and care of the outdoor poor of such cities shall be vested in and exercised by said board, who shall have power to receive and disburse dona- tions for the relief of the poor, and shall have exclusive control of and dispense all public funds set aside and appropriated by such cities and counties for outdoor or temporary relief or aid to indigent, helpless or poor persons within the limits of such cities. Said board shall have power to sue and be sued, complain and defend in all courts, to assume the care of or take by gift, grant, devise, bequest or otherwise any money, real estate, personal prop- erty, right of property or other valuable thing, and may use, en- joy, control, sell or convey the same for charitable purposes, to have and use a common seal and alter the same at pleasure. Said board may make by-laws for its own guidance, rules and regula- tions for the government of its agents, servants and employes, and for the distribution of the funds under its control. [Laws of 1901, page 50]. Sec. 2. Board how constituted — terms of office of members. — Said board shall be non-partisan and non-sectarian in character, ART. XX. CHARITY BOARD. 169 and the members and officers thereof shall receive no compensa- tion as such. Said board shall consist of the mayor of sneh cities and the president of the county court of such counties, who shall be ex officio members thereof, and six other members, three of whom shall be appointed by the county court of such counties, who shall hold office, one for one year, one for two years and one for three years, -whose terms of office shall be designated by such county court, three by the mayor and common council of such cities, who shall hold office, one for one year, one for two years and one for three years, whose terms of office shall be designated by the mayor. "Whenever the term of office of any member so ap- pointed expires the appointment of his successor shall be for three years. All such appointments shall date from the first of June following their appointment. Vacancies from any cause shall be filled in like manner as original appointments. The mayor may, for misconduct or neglect of duty, remove any member ap- pointed by him in the manner required for removal of officers of such cities. The county court may, by a majority vote, for mis- conduct or neglect of duty, remove any member appointed by them. [K. S. 1899, Sec. 5065]. Sec. 3. Organization of board — salaries and fees of officials. Said members shall immediately after their appointment, and an- nually thereafter, meet and organize by electing out of their, number a president, vice-president, treasurer and secretary. All subordinate officers, agents and employes appointed by said board shall hold their positions at the pleasure of the board, and each shall give such bonds for the faithful discharge of their duties as may be required by the board. The total combined expendi- tures for salaries and fees of the subordinate agents and employes of the board shall in no event exceed the sum of fifteen hundred dollars in any one year, which shall be paid out of the funds of said board. [Laws of 1901, page 51]. Sec. 4. Duty of treasurer. — All moneys received or appro- priated for the use of said board shall be deposited with the treas- urer of said board to its credit and subject to its order, and may be drawn upon by the proper officers of said board ; the treasurer shall give good and sufficient bond to said board for the safe keeping and proper expenditure of all funds placed in his hands by or for the use of said board. [R. S. 1899, Sec. 5067] . 170 CHARTER. Sec. 5. Records of proceedings to be kept and report to be made to mayor. — It shall be the duty of said board to keep a rec- ord of its proceedings and of its receipts, expenditures and opera- tions, and shall annually render a full and complete itemized re- port, stating the condition of their trust, together with such sug- gestions as they may deem of general interest to the mayor and common council of said cities, and the county courts of said coun- ties: Provided, said board shall render reports concerning re- ceipts, expenditures, operations, etc., whenever called for by the common council of said cities or the county court of said coun- ties. [R. S. 1899, Sec. 5068] . Sec. 6. Duty of board as to applicants for relief. — It shall be the duty of said board, when any person by himself, herself or another apply for relief, to make immediate inquiry into the state and circumstances of the applicant, and if it shall appear that he or she is in such indigent circumstances as to require temporary relief the said board shall furnish, out of the funds in their hands, such relief as the circumstances of the case may require: Pro- vided, that in all cases where the applicant for aid may be found deserving, and said applicant or a member of said applicant's family is an able-bodied male person capable of performing man- ual labor, said board shall require such person to perform work to the value of the aid given, and the city engineer and the street commissioner of such cities in their respective departments are required to utilize the services of such able-bodied persons upon receiving notice from said board that such person has received or is entitled to such aid. Where the applicant or a member of the applicant's family is an able-bodied female said board shall, whenever practicable, require that labor to the value of the aid given be performed. [R. S. 1899, Sec. 5069]. Sec. 7. Duty of police commissioners to aid charity board. — It shall be the duty of the boHi-d of police commissioners of said cities and the health officers of said cities and counties to render said charity board, its officers or agents, such aid as may be re- quested by them or either of them, whenever such aid requested shall reasonably come within the duties of said police board, its agents or officers or of the health officers aforesaid. [R. S. 1899, Sec. 5070] . ART. XXI. POLICE FORCE. 171 ARTICLE XXI. POLICE FORCE— COMMISSIONERS. Section 1. City ordinances defined. 2. Charter creating office of chief of police repealed. 3. Boaid of police commissioners established. Governor to appoint, term of office. Duties of commissioners. Appointment of permanent po- lice force. Officers and policemen — sal- aries. Vacancit s, how filled. Police not to receive extra money. Office of board, police districts and station houses. Police force to pass under con- trol of board. 4. 9. 10. 11. Section 12. Statement, appropriations there- on, emergencies. 13. Penalty for resisting enforce- ment of act. 14. Persons arrested to be brought before judge of police court, 15. Board to keep journal of their proceedings. 16. Members of force officers of both city and state. 17. Regulations of private watch- men. 18. Special policemen to be ap- pointed on recommendation of humane society. 19. Police authorized to enforce or- dinance within public parks or grounds. Section 1. City ordinances defined. — The common council of cities of tlie second class is hereby empowered and authorized to pass all needful ordinances for preserving order, securing prop- erty and persons from violence, danger or destruction, protecting public and private property, and for promoting the general inter- est and insuring the good government of such city, but no ordi- nance heretofore passed, or that may hereafter be passed, by the common council of any such city, shall in any manner conflict or interfere with the powers or the exercise of the powers of the board of police commissioners of such city as hereinafter created: nor shall such city, or any officer or agent of the corporation of such city, or the mayor thereof, in any manner impede, obstruct, hinder or interfere with the said board of police commissioners, or any officer or agent or servant therefor or thereunder. [R. S. 1899, Sec. 5703]. Sec. 2. Charter creating office of chief of police repealed. — So much of the charter, laws and ordinances of cities of the sec- ond class as authorize, create and establish the office of chief of police of such cities, and provide for the manner of filling of said office of chief of police, and so much of the charter and ordinances 172 CHARTER. of such cities as authorize tlie common council and the mayor, or either of them, to appoint, pay and regulate the police of such cities be and the same are hereby repealed. [R. S. 1899, Sec. 5704] . Sec. 3. Board of police commissioners established. — There shall be and is hereby established within and for cities of the second class a board of police, to be called the police commission- ers of the city of , to consist of three commis- sioners, as hereinafter provided. Said board shall appoint one of their number president, who shall jjreside at all meetings of the board. The said commissioners shall be citizens of the state of Missouri, and shall have been residents of such city for the pe- riod of two years prior to their appointment ; and they shall, except as hereinafter provided, hold their ofSces for three years, and until their respective successors are appointed and qualified, and shall each receive a salary not to exceed five hundred dol- lars per annum, payable quarterly. Before entering on the du- ties of their said office the said commissioners shall take and sub- scribe before the judge of the circuit court of the county in which any such city may be, or the clerk thereof in vacation, the oath or affirmation prescribed by the constitution of the state of Mis- souri, and they shall each, also, take and subscribe before the same judge or clerk the further oath or affirmation that in any and every appointment or removal to be by them made to or from the police force created, and to be organized by them under section 6 of this article, they will in no case, and under no pre- text, appoint or remove any policeman or officer of police or other person under them, for or on account of the political opinions of such policeman, officer or other person, or for any other cause or reason than the fitness or unfitness of such person, in the best judgment of said commissioners, for the place to which he shall be appointed, or from which he shall be removed. The said oaths or affirmations shall be recorded and preserved among the records of said circuit court. One of their own number shall be appointed from time to time by said commissioners, treasurer of said board of police, and his appointment, when made, shall be certified to the clerk of the circuit court of such county, under the seal of said board. Said treasurer shall hold his office for such term as may be designated by the commissioners, who may remove him at pleasure, and he shall be entitled to two hundred ART. XXI. POLICE FORCE. 173 dollars additional compensation per annum for acting in that capacity. Before he enters on the duties of his oiBfice as treas- urer he shall give bond to the state of Missouri, with one or more sureties, in the penal sum of twenty thousand dollars, conditioned for the faithful discharge of his duties as treasurer of the board of police, and for the faithful application and payment, pursuant to the order and direction of said board, of all moneys that may come to his hands as treasurer. The bond of the treasurer shall be approved by the judge of the circuit court of such county, and shall be delivered to and safely kept by the comptroller of such city; a majority of the board of police shall constitute a quorum for the transaction of business. In case a vacancy shall occur in said board the same shall be filled by the gOA^ernor of the state of Missouri forthwith, after having been notified that such vacancy exists. Any one of said commissioners, who, dur- ing the term of his office, shall accept any other place of public trust or emolument, or who, during the same period, shall know- ingly receive any nomination for an elective office by the people without publicly declining the same within twenty days succeed- ing such nomination, shall be deemed to have thereby vacated his office. For official misconduct any of said commissioners may be removed by the governor of the state of Missouri upon his being fully satisfied that the commissioner or commissioners charged is or are guilty of the alleged official misconduct. [R. S. 1899, Sec. 5705]. (a) Sec. 4. Governor to appoint — term of office. — The governor of the state of Missouri shall, without unnecessary delay, appoint three commissioners, the senate concurring therein, as provided for in the preceding section; and said commissioners shall hold their office, one for one year, one for two years and one for three years from the date of their appointment and until their suc- cessors shall have been appointed and qualified. The governor shall issue commissions to the persons so appointed, designating the time for which they are severally appointed ; and whenever the term of office of any commissioner expires the appointment of his successor shall be for three years. [R. S. 1899, Sec. 5706]. Sec. 5. Duties of commissioners. — The duties of the board of police hereby created shall be as follows: They shall at all (a) Cannot remove officers or policemen without cause: State ex rel. v. Police Commissioners, 14 App. 297; S. C. 88 Mo. 144. 174 CHARTER. times of the day and night, within the boundaries of any city of the second class, as well on water as on land, preserve the public peace, prevent crime and arrest offenders, protect the rights of person or property, and guard the public health, preserve order at every public election and at all the public meetings and places, and on all public occasions, prevent and remove nuisances on all streets, alleys, highways, waters and other places, provide a proper police force at every fire for the protection of firemen and property, protect immigrants and travelers at steamboat landings and railway stations; see that all laws relating to elec- tions and to observance of Sunday, and relating to pawnbrokers, intemperance, lotteries and lottery policies, vagrants, disorderly persons, are enforced ; and suppress gambling and bawdy houses and every other manner and kind of disorder and offense against law and the public health. They shall also enforce all laws and ordinances passed or which may hereafter be passed by the com- mon council of such city, not inconsistent with the provisions of this article or any other law of the state which may be properly enforcible by a police force. In case they shall have reason to believe that any person within said city intends to commit any breach of the peace or violation of law or order beyond the city limits, or any person charged with the commission of crime in such city, and against whom criminal process shall have been is- sued, such person may be arrested upon the same in any part of this state by the police force created or authorized by section 6 of this article : Provided, however, that before the person so arrested shall be removed from the county in which said arrest is made he shall be taken before some judge or justice of the peace of that county, to whom the papers authorizing such arrest shall be submitted ; and the person so arrested shall not be re- moved from said county, but shall forthwith be discharged, un- less such judge or justice of the peace shall approve and indorse said papers. The said police commissioners, or either of them, shall have power to administer oaths of affirmations on the prem- ises to any person appearing or called before them. They shall also have the power to summon and compel the attendance of witnesses before them whenever it may be necessary for the more effectual discharge of their duties. [R. S. 1899, Sec. 5707]. (b) (b) Mandamus will not lie to compel arrest and prosecution for viola- tions of state law: State ex rel. v. Francis, 95 Mo. 44; State ex rel. V. Noonan, 59 App. 524. ART. XXI. POLICE FORCE. 175 Sec. 6. Appointment of permanent police force. — To enable said board to perform the duties imposed upon tliem they are hereby authorized and required, as speedily as may be, to appoint, enroll and employ a permanent police force for the city for which they are appointed, which they shall equip and arm as they may judge necessary. The number of policemen to be so appointed and employed, exclusive of officers, shall, at the first organization, be not exceeding the number now employed by the corporate authorities of any such city, but the common council of such city shall have power to increase the police force at any time to any number recommended by the board of police commissioners ; and said commissioners may reduce the present or any future number of police, as experience may warrant : Provided, however, that for extraordinary emergencies the board of police may raise such additional force as the exigencies may, in their judgment, de- mand. No person shall be appointed or employed as regular policeman or officer of police who shall have been convicted of or against w^hom any indictment may be pending for any offense, the punishment for which may be confinement in the state peni- tentiary; nor shall any person be so appointed who is of noto- riously bad character, or who is not a citizen of the United States, or who is not able to read and write the English language, or who does not possess ordinary physical courage. The policemen shall be employed to serve for three years and be subject to removal only for cause after a hearing by the board, who are hereby vested with exclusive jurisdiction in the premises. Any policeman whose term of service shall expire, and who during his appoint- ment shall have faithfully performed his duty shall, if otherwise qualified, be preferred by the board in making their new ap- pointments. [R. S. 1899, Sec. 5708]. Sec. 7. Officers and policemen — salaries. — The board may, as the service requires, appoint officers and patrolmen as follows : A chief of police, who, in addition to other duties, shall perform the same duties as have heretofore been performed by the chief of police, not inconsistent w^ith the provisions of this article, and who shall give bond, with security to be approved by the board, in the penal sum of $10,000 conditioned for the faithful perform- ance of his duties, whose salary shall be $2,100.00 per annum; one captain for each district at a salary of $1,350.00 per annum; sergeants not to exceed two for each police district at a salary 176 CHARTER. of $1,080.00 each per annum; a secretary of the board at a salary of $1,200.00 per annum ; a chief of detectives at a salary of $1,080.00 per annum. The salary of regular patrolmen shall be not less than $720.00 nor more than $900.00 each per annum, and probationary patrolmen shall be at the rate of not less than $600.00 nor more than $720.00 per annum. The board may ap- point a police matron at a salary of $600.00 per annum; police signal operatoi'S not to exceed three for each police station at a salary not to exceed $600.00 per annum; drivers not exceeding two for each police station at a salary of $780.00 each per annum. [Laws of 1903, page 75]. Sec. 8. Vacancies, how filled. — Whenever any vacancy shall take place in any grade of officers except the chief, it shall be filled from the next lowest grade, if competent men can be found there- in. The said board of police is hereby authorized to make and enforce all such rules and regulations not inconsistent with this article as they may deem necessary for the appointment, employ- ment, uniforming, discipline, trial and government of the police, and for the relief and compensation of members of the police force injured in person or property in the discharge of their duty, and the families of the officers or men killed whilst in such discharge of duty: Provided, that such allowance shall not ex- ceed in any one instance twelve months' pay. The said board shall also have power to require of any officer or policeman a bond, with security, whenever they may consider it demanded by the public interest. All lawful rules and regulations made by the board shall be obeyed by the police force on pain of dis- missal, or such lighter punishment, either by suspension, fine, re- duction or forfeiture of pay, or otherwise, as the board may ad- judge. [R. S. 1899, Sec. 5712]. Sec. 9. Officers and policemen not to receive extra money. — No officer or policeman shall be allowed to receive any money or gratuity or compensation for any service he may render, without the consent of said board ; and all such moneys as any police- man or police officer may be so permitted to receive shall be paid over to the board, and all such moneys over and above the amount or amounts which the board may allow any policeman or police- men, or officer or officers, out of any moneys received by him or them as compensation for services rendered by him or them, to- ART. XXI. POLICE FORCE. 177 gether with the proceeds of all fines and unreclaimed property which may come to the possession of the board or be received by them under the provisions of this section, or any other law or or- dinance, shall be paid into the city treasury. [R. S. 1899, Sec. 5713]. Sec, 10. Office of board — police districts and station houses. — The common council of such city shall be and they are hereby authorized to provide said board with an office and office furni- ture, as they may need. Said board shall have and use a com- mon seal. Said board shall have the power to appoint their sec- retary, who shall receive a salary of not less than one thousand dollars nor more than twelve hundred dollars per annum, and said board shall appoint such other subordinates as they may need at such compensation as may be fixed by the board. Said board may divide the city into the needful number of police dis- tricts, and provide each of them, if necessary, a station house or houses, with all things and attendants required for the same, and all such other accommodations as may be required for the use of the police. The said board, for all the purposes of this arti- cle, shall have the use of all station houses, watch-boxes, firearms, equipments, accoutrements and other accommodations and things heretofore provided by such city for the use and service of the police, as fully and to the same extent as the same are now and may be used by or for the present police force; and the mayor and common council, and all persons and municipal officers in charge thereof are hereby ordered and required to allow such use accordingly. In case the said mayor and common council of said city, or their officers or agents, refuse or neglect to allow such use when the same shall be required by said board, the said board may apply to the circuit court of the county in which the city is, in the name of the state of Missouri, for a mandamus to compel a compliance with the provisions of this section, and the application therefor shall be heard and decided by said court. One week's notice of the application shall be given, and the re- spondent or respondents shall have the right to answer within one week, and if testimony be needed on either side the same shall be taken within ten days after the answer is filed or the said week shall have expired. Prom the decision of the circuit court in the premises either party may appeal within ten days ; and it shall be the duty of the clerk of said court to send up the record IS 178 CHARTER. immediately, and the appeal shall be heard by the supreme court, if then in session, and if not in session, at the next term. In both courts the case shall be taken up and tried in preference to all others. [R. S. 1899, See. 5714]. Sec. 11. Police force to pass under control of board. — So soon as the board created by section 3 of this article shall hold their first meeting it shall be their duty to inform the chief of police and the other officers of the police force of such city that they require their attendance upon them and obedience to their orders. For failure to attend as required, and for each and every failure to obey the lawful orders of said board, the officers so no- tified shall be fined in any sum not exceeding five hundred dol- lars, to be recovered by action at law instituted by said board, in the name of the state. From and after the first meeting afore- said the whole of the then existing police force in such city, both officers and men, shall pass under the exclusive management and control of the said board, and be subject to no other control, and entitled to receive neither orders nor pay, except arrearages then due, from any other authority ; and shall so continue, subject, however, to removal or suspension, at the discretion of said board, and with the power in said board to fill vacancies, until said board shall publicly declare that the organization of the police force created by section 6 of this article is complete. Upon such public declaration, and from the time thereof thencefor- ward, all ordinances of such city are hereby declared null and void, so far as they conflict with this article or assume to confer upon the mayor, chief of police, common council, or any other person or persons the power to appoint, dismiss, or in any way or to any extent employ or control any police force organized or to be organized under such ordinances, or any of them, and from and after such public declaration as aforesaid, the police force or- ganized, or which may be organized under such ordinances, or any of them, shall cease to exist, and its functions and powers be at an end. [R. S. 1899, Sec. 5715]. Sec. 12. Statement — appropriations thereon.— It shall be the duty of said board, with all convenient speed, after qualifying as aforesaid, and annually thenceforward, to estimate what sum of money will be necessary for each current fiscal year, to enable them to discharge the duties hereby imposed upon them, and ART. XXI. POLICE FORCE. 179 they shall forthwith certify the same to the common council of such city, who are hereby required in each monthly appropriation or ordinance of that fiscal year to set apart and appropriate the one-twelfth part of the amount so certified, which sum shall at once be paid by the city treasurer to the treasurer of the board of police upon a warrant drawn by the president, and counter- signed by the comptroller : Provided, that if the said board shall be required to create an extra police force, as provided in section 6 hereof, and the expense of such extra force be contemplated in their said estimate, they shall immediately certify the expense of such additional force to the common council, who are hereby required, as soon as possible, to set apart and appropriate the additional amount so required, agreeably to this section. The said board of police, upon and after having qualified as afore- said, are hereby authorized to make requisition from time to time upon the mayor, auditor, treasurer, comptroller or other proper disbursing officer or officers of the corporation of such city for such sums as they may deem necessary for executing their duties under this article, and the sums so required shall be paid by said proper disbursing officer or officers out of any money in the city treasury not otherwise appropriated: Provided, also, that the amount so required or drawn shall not exceed in any one year the amount certified as aforesaid, to the common council for that year, including any additional amount which may have been ordered by said common council to be paid for or on ac- count of any extra police force as hereinbefore provided; that the common council of such city shall have no power or au- thority to levy or collect any tax or appropriate and disburse any money for the payment of any police force other than that to be organized or employed under this article, and the power of the mayor and common council of such city to appropriate and disburse money for the payment of the police force to be organ- ized or employed under this article shall be exercised as in this section directed, and not otherwise. [R. S. 1899, Sec. 5716]. Sec. 13. Penalty for resisting enforcement of this law. — Any officer or servant of the mayor or common council of such city, or other person whomsoever, who shall forcibly resist or obstruct the execution or enforcement of any of the provisions of this article providing a permanent police force for such city, or relat- ing to the same, or who shall hinder or obstruct the organization 180 CHARTER. of said board of police, or the police force herein provided to be organized, or who shall maintain, control, or attempt to main- tain and control, the existing police force of said city, or any part thereof, or any other police force under the ordinances and acts herein and hereby repealed, except as herein provided, shall be liable to a penalty of one thousand dollars for each and every such offense, recoverable by the board by action at law in the name of the state of Missouri, and shall forever thereafter be dis- qualified from holding or exercising any office or employment whatever under the mayor or common council of such city under this article : Provided, however, that nothing in this section shall be construed to interfere with the punishment under any existing or any future law of the state of any criminal offense which may be committed by the said parties in or about the resistance, ob- struction, hindrance, conspiracy, combination or disbursement aforesaid. [R. S. 1899, Sec. 5717]. Sec. 14. Persons arrested to be brought before police judge. — The commissioners of police shall cause all persons arrested by the police to be brought before the judge of the police court, [R. S. 1899, Sec. 5718]. Sec. 15. Board to keep journal of proceedings. — The board shall cause a full journal of their proceedings to be kept, and shall also cause all their receipts and disbursements of money to be faithfully entered in books to be procured and kept for that purpose, and said journal and all of said books and all other doc- uments in the possession of said board shall always be open to the inspection of the general assembly of the state of Missouri, the common council of such city, or any committee appointed by them for said purpose. It shall be the duty of the board to re- port to the common council of such city, at least once a year, the number and expense of the police force employed by them under this article, and all such other matters as may be of public interest in connection with the duties assigned them hereby. [R. S. 1899, Sec. 5719]. Sec. 1G. Members of force officers of both city and state. — The members of the police force of such city, organized and ap- pointed by the police commissioners of said city under this arti- cle, are hereby declared to be officers of such city under the char- ter and ordinances of such city, and also to be officers of the state ART. XXI. POLICE FORCE. 181 of Missouri, and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of this state or the ordi- nances of said city. [R. S. 1899, Sec. 5720] . Sec. 17. Regulation of private watchmen. — The board of police commissioners shall have full power to regulate and license all private watchmen and private policemen serving or acting as such on any street, alley, wharf, or other public place in said city, and no person shall so serve or act as a private watchman or private policeman in said city without the written license of said board first had and obtained, on pain of punishment for a mis- demeanor. [R. S. 1899, See. 5721]. Sec. 18. Special policemen to be appointed on recommen- dation of humane societies. — In cities wherein an incorporated society for the prevention of cruelty to animals exists, known as the Humane Society, and the same city having the metropolitan police system, it shall be the duty of the board of police of said city to appoint one special officer, to be recommended by the humane society of said city, whose term of office and wages shall be the same as that of a regular policeman. The said special of- ficer shall be subject to the authority of the board of police, but ununiformed in costume, but shall wear over his left breast the badge adopted by the humane society which he represents. [R. S. 1899, Sec. 6168]. Sec. 19. Police authorized to enforce ordinance within pub- lic parks or grounds. — In all cities of the second class the police department is authorized and empowered to enforce all ordi- nances of the city violated within public parks or grounds be- longing to the city, but located outside of its limits, in the same manner and with the same effect as if located within the corporate limits of the city. [R. S. 1899, Sec. 5722]. 182 CHARTER. ARTICLE XXII. PUBLIC WORK— BONDS OF CONTRACTORS FOR. Section 1. Contractors for public works re- quired to execute bonds. Skction 2. Who may sue on such bond, copy of bond sufficient evi- dence of its execution. Section 1. Contractors for public works required to execute bonds. — -All counties, cities, towns and school districts making contracts for public work of any kind to be done for such county, city, town or school district shall require every contractor to execute a bond with good and sufficient securities, and such bond, among other conditions, shall be conditioned for the payment for all material used in such work, and all labor performed on such work, whether by sub-contract or otherwise. [R. S. 1899, Sec. 6761]. (a) Sec. 2. Who may sue on such bond — copy of bond sufficient evidence of its execution. — Every person furnishing material or performing labor for any contractor with any county, city, town or school district where bond shall be executed as provided in section 1 shall have the right to sue on such bond, in the name of such county, city, town or school district, for his use and benefit ; and in such suit it shall be sufficient to file a copy of such bond, certified by the clerk or secretary of such county, city, town or school district, which copy shall, unless execution thereof be de- nied under oath, be sufficient evidence of execution and delivery of the original : Provided, however, that this act shall not be taken to in any way make such county, city, town or school dis- trict liable to such sub-contractor, material man or laborer to any greater extent than it is liable under the law as it now stands. [R. S. 1899, Sec. 6762]. (a) Glencoe Lime & Cement Co. v. Wind, 86 App. 163; Diners v. Howard, 88 App. 253. ART. XXIII. FRANCHISES— SALE OF. 183 ARTICLE XXIII. FRANCHISES— SALE OF. Section 1. Franchises to be sold at public auction. 2. Notice of sale to be published. Section 3. Purchaser to give approved bond. 4. Authorities may reject bids. Section 1. i-raiichises to be sold at public auction. — The public authorities of every county, city, village or other municipal or public corporation, to whom application may be made by any private company, copartnership, corporation, individual or indi- viduals, for consent to the construction, extension, maintenance, occupation or use of any electric lighting plant, or plant for the generating, transmission, sale or use of electricity; gas lighting plant ; street railway, or railroad for the transportation of either freight, passengers or mails ; telephone or telegraph plant, or plant for supplying water, above, across, along, beneath or through any highway, road, avenue, alley, park, square, street or other public lands, must provide, as a condition precedent to the granting of such consent, that the franchise, privilege and right of such occu- pation and use of any such public places for any such private purposes shall be sold at public auction to the responsible bidder who will give the largest percentage yearly of the gross receipts derived from such occupation and use, with adequate security, as hereinafter provided, for the payment thereof and for the prompt construction and completion of the proposed plant : Pro- vided, that such payment shall in no case be less than two per cent of the gross earnings during the first five years of such occu- pation and use, and thereafter, for each period of five years, such percentage shall be increased to correspond with the increase in value of the land thus occupied and used. [R. S. 1899, Sec. 6497]. (a) Sec. 2. Notice of sale to be published. — ^Prior to any such sale, notice of the time, place, manner, conditions and terms (a) This act held to be void for uncertainty, and because it is not sus- ceptible of any construction tnat will enable the courts to carry out its provisions: State ex inf. v. Street Ry. Co., 146 Mo. 155. 184 CHARTER. thereof, with a description of the lands to be thus occupied and used, the duration of such occupation and use, and of the time within which such plant must be constructed, completed and put in operation, shall be published at least once a week for at least four weeks, in two newspapers to be designated by the public authorities whose consent is thus applied for and sought. [R. S. 1899, See. 6498]. Sec. 3. Purchaser to give approved bond. — The security required by this act shall be a bond in such amount, condition, form and sureties as the public authorities, whose consent is thus applied for and sought, shall require and approve : Provided, that nothing in this act shall be construed to take away or im- pair the right of such public authorities to impose any other rea- sonable conditions and terms, as a condition to such occupation and use, in addition to the payment of such percentage ; but such conditions and terms shall be reasonably set forth in such notice, and such bond shall be conditioned, as well as for a compliance with such conditions and terms, as for the payment of such per- centage ; and provided further, that the relation existing between any such public corporation and all private companies, copart- nerships, corporations, individual or individuals, who occupy or use any of its lands, as aforesaid, shall be deemed and taken to be, and shall be, that of landlord and tenant ; and such public corpora- tion shall have, under this act, a paramount lien on all the fran- chises and property of the party occupying and using such public lands, and shall have all other rights and remedies now by law given to landlords, either to recover delinquent rent or to recover possession of the rented lands. [R. S. 1899, Sec. 6499]. Sec. 4. Authorities may reject bids. — Nothing in this act shall be construed to prohibit the public authorities of such county, city, village or other municipal or public corporation from rejecting any and all bids. [R. S. 1899, Sec. 6500]. ART. XXIV. WATERWORKS. 18& ARTICLE XXIV. WATER, GAS, ELECTRIC, TELEPHONE AND TELEGRAPH PLANTS. Section 1. A system of waterworks may be established. 2. Existing grant not to be inter- fered with. 3. May own and operate water, gas and electric light works. 4. Electric light companies, cities may authorize to set poles, etc. Section 5. Telephone and telegraph com- panies, privileges in con- structing line. 6. Telephone and telegraph lines, mode of construction may be directed, by whom. Section 1. Waterworks — system may be established. — The common council shall have the exclusive right to erect, maintain and operate waterworks within the limits of the city, and to reg- ulate the same ; to prescribe the rates at which water shall be charged to the inhabitants of such city when taken from said works, and acquire, by purchase, donation or condemnation, suit- able grounds, within or without the city, upon which to erect waterworks, and the right of way to and from said works, and also the right of way for laying water pipe within the limits of said city, all of which shall be done in such manner as prescribed by ordinance : Provided, that the mayor and council may, in their discretion, grant the right to any person or persons to erect waterworks and lay down pipes for the use of said city and its inhabitants upon such terms as the common council may by ordi- nance prescribe: Provided, that such right shall not extend for a longer period than twenty years, and shall not be granted nor shall be renewed unless by the consent of a majority of the qual- ified voters of said city, to be ascertained at an election held for such purpose : Provided, that when water shall be taken by in- dividuals from any waterworks not owned by such city, the mayor and common council shall have the right, by ordinance, from time to time, to fix the rates to be charged therefor. [R. S. 1899, Sec. 5692]. Sec. 2. Existing grant not to be interfered with.—* * * In case the right to erect and operate waterworks has been or 186 CHARTER. may be granted to any person or persons or corporation, no modi- fications of the terms and conditions of the original grant or con- tract therefor, nor any new contract, shall be made by which the obligations or liabilities of the grantee or grantees of such right shall be lessened or released, or the obligation or liabilities of the city be increased, unless the modification or new contract be approved by the qualified electors of the city, in the same mode and manner as was or may be necessary to the validity of the original grant. [R. S. 1899, Sec. 5524] . Sec. 3. May own and operate water, gas and electric light works. — The city council of any city, town or village in this state shall have the power to erect, maintain and operate waterworks, or to acquire waterworks by purchase, and to operate and main- tain the same, and to supply the inhabitants thereof with water : to erect, maintain and operate gas and power plants, electric light plants, or any other kind of plant or device for lighting purposes, or to acquire and own the same by purchase, and to maintain and operate such plants, and to supply the inhabitants of such cities, towns and villages with light and power therefrom. [R. S. 1899, See. 6487]. Sec. 4. Electric light companies, cities may authorize to set poles, etc. — Any city, town or village in this state may, by ordi- nance, authorize any company organized for the purpose of sup- plying light or power by electricity, and incorporated under the laws of this state, to set its poles, piers, abutments, wires and other fixtures along, across or under any of the public roads, streets, alleys or public places within such city, town or village, subject to such rules, regulations and conditions as shall be expressed in said ordinance. [R. S. 1899, Sec. 6501]. (a) Sec. 5. Telephone and telegraph companies, privileges in constructing line. — Companies organized under the provisions of this article, for the purpose of constructing and maintaining tele- phone or magnetic telegraph lines, are authorized to set their poles, piers, abutments, wires and other fixtures along, across or under any of the public roads, streets and waters of this state, in « [R. S. 1899, Sec. 7199], Sec. 4. Appointment of registrar; his powers; election of registrar; his qualifications; vacancies. — In all cities of this state which now contain or may hereafter contain twenty-five thousand inhabitants and less than one hundred thousand inhab- itants, at each general election for state officers, there shall be elected in each election district of such cities, by the qualified voters of such election district, one registrar of elections, who shall have the qualifications of an elector in his election distncr, and be an owner of real estate in this state, and who shall hold his office for two years and until his successor is elected and qual- ified. Said registrars shall have the authority to administer all oaths which may be necessary in the registration of voters. All vacancies occurring in the office of registrar of elections for any election district in such cities shall be filled by the respective city councils of such cities, and whenever any city shall, by law, for the first time come under the operations of this section, the city council of such city shall, not less than ninety days prior to the first municipal or general election held in such city after it shall come under the operation of this section, appoint registrars of elections for each of the election districts of said cities, who shall serve until their successors are duly elected at the next reg- ular election for that purpose and qualified. When any city shall first come under the provisions of this section, and the first elec- tion held in such city, after it shall come under its provisions, shall be a municipal election, the registrars herein provided for shall hold a special registration in such city, under the provisions 204 CHARTER. of this article within forty days next preceding the tenth day prior to snch municipal election. [R. S. 1899, Sec. 7200]. (b) Six-. 5. Qualifications of voters — challenges — rejected bal- lots.^Any person having the qualifications of a voter as pre- scribed in this article, and who shall take and subscribe the oath required of voters by this article, and who applies for registration at the time and in the manner prescribed by law, and any natur- alized citizen who shall subscribe to a written statement under oath before the registrar that he is naturalized according to the laws of the United States and of this article, and that his natural- ization papers, or evidence of his citizenship have been lost or destroyed, or that the same are not accessible to him, and shall state where he was naturalized, shall be accepted by the register- ing officer, and duly registered as a qualified voter: Provided, any person registered according to the provisions of this article, when he offers to vote, may be challenged as disqualified by any person who is an elector of this state ; and it shall be the duty of the judges of election to try and determine, in a summary man- ner, before the close of the polls, the qualifications of any person challenged as aforesaid, and upon proof that the person so chal- lenged is not a qualified voter the judges of election shall reject his vote, and they shall state, opposite the name of the person on the registered list of voters whose vote is rejected, the nature of his disqualification and the names of the witnesses upon whose testimony his vote was rejected, but the vote of no person who may be challenged shall be rejected except upon the testimony of two creditable witnesses : And provided further, that the party challenging the right of any person to vote shall swear, before the judges of election at the time of so challenging the vote, that to the best of his knowledge and belief the party (naming him), is not a qualified voter under the laws of this state, and he shall also swear to the reasons which disqualify him from voting: And provided further, that the ballot of such person so rejected shall be preserved and returned with the books and other ballots in a separate envelope marked "rejected ballots," and the clerk of the county shall preserve the same in his office. [R. S. 1899, See. 7201]. (b) No voter should be disfranchised on account of a mere irregularity occasioned by the neglect or misconduct of election officers, over whose conduct he has no control, unless the legislature has declared such irregularity fatal: Sanders v. Lacks, 142 Mo. 255. ART. XXX. REGISTRATION. 205 Se(". 6. County clerks to deliver registration books to regis- tering officers. — The cliu-k of the county court shall deliver, or cause to be delivered, the registration books required by section 3 of this article to the various registering officers of his county at least three days before the time set for any registration, and they shall be returned by such officers to the county clerk, together with a copy thereof, alphabetically arranged, all and each of which duly certified under their hands, within three days after the close of each registration, and be kept by the clerk, subject to public inspection. [R. S. 1899, Sec. 7202]. Sec. 7. Days and places for, and notice of registration. — The county court of each county containing cities of twenty-five thousand and less than one hundred thousand inhabitants shall appoint days of registration, not to exceed five in each election district of said cities, which shall be within forty days next pre- ceding the tenth day prior to every biennial election ; the county court of each of said counties shall also appoint, at least ten days before any special or municipal election held in their county, days of registration, not exceeding three, in each election district of said cities for the purposes of such special or municipal elec- tion, at which time those who have become entitled to register at the last general registration, but who having for any cause failed or neglected to do so, may register upon compliance with the pro- visions of this article. All registration of voters under this arti- cle shall be held at the place of voting established by the county courts in each election district; and the county court shall give notice of such registration and the places where the same is to be held by publication thereof in a daily newspaper published in said city for ten days next preceding such registration. [R. S. 1899, Sec. 7203]. Sec. 8. Deputy registrars. — Wherever there shall be more than one precinct in any election district in which registration is required to be made under this article the registrars shall appoint one deputy registrar for each additional precinct, who shall be vested with all the powers and duties of the registrar of the dis- trict. Each deputy so appointed shall reside in the precinct for which he is appointed ; shall have the qualifications of an elector therein, and be an owner of real estate in the state. [R. S. 1899, Sec. 7204]. 206 CHARTER. Sec. 9. Board of revision — change of residence. — On the Friday and Saturday preceding the seventh day before each gen- eral election the registrars of each district shall meet at the court house in said city as a board of revision. They shall pass upon the claims of all persons asking to be registered and who shall not have been registered, and also upon all objections to parties who have been registered as qualified voters. They shall add to the list in each precinct the names of such persons as are legally en- titled to registration therein, and shall strike therefrom such as have been improperly registered; but the name of no person shall be stricken from the list unless he shall have had at least two days' notice in writing of the time and place his case will be heard: Provided, if objections shall be made at the time the per- son is registered no notice shall be necessary, but such objection and the name of the objector shall be noted at the time of regis- tration by the registering officer. If any person who has been duly registered removes his residence from the election district in which he is registered to another election district in the same city, not less than ten days previous to the next election follow- ing, the registration officer of the district whence he removed shall grant him a certificate of registration, and write the word "removed" opposite his name on the registration book of that district ; upon the presentation of his certificate to the board of revision he shall be entered as a registered voter in the district to which he has removed, on or before the day of election, and be entitled to vote in such district. [R. S. 1899, Sec. 7205] . Sec. 10. Absent voters — registered how. — Any voter who is absent fi'om the city on the days of registration on account of business or sickness may have his name placed on the registration list at any time before the board of revision meets by filing with the registrar of the precinct in which he is a voter his affidavit made before some officer authorized by the laws of this state to administer oaths, setting forth the facts that he is a legal voter in such precinct and is entitled to register and vote therein ; also stating his place of residence and that he was prevented from registering on the registration days because he was absent from the city on account of business or sickness ; and he shall also include in said affidavit the oath that other voters are required to take who register on said registration days. The registrars shall file all affidavits made as aforesaid with the board of revision on ART. XXX. REGISTRATION. 207 the first day of the meeting of said board; and any objections made to the registering of any person by affidavit as aforesaid shall be passed upon by said board of revision in the same man- ner as objections to other registered voters. The said board shall, upon the completion of its vv^ork, deliver all such affidavits to the clerk of the county court, who shall safely keep the same. [Laws of 1901, page 145]. Sec. 11. Hours of registration. — The registration officers shall, in the discharge of their duties, attend at the places of reg- istration in their respective districts on the days appointed by the county court and by this article, from the hours of eight o'clock in the forenoon until nine o'clock p. m. of each day, and shall, without delay, register all persons as voters who, having the qualifications prescribed by law, present themselves therefor and take the oath required by this article. [R. S. 1899, Sec. 7206]. Sec. 12. County clerk to deliver original registration book and copy.^The county clerk of each county containing cities in which registration may be had under and by virtue of this article shall, on the day before the election for which any such registra- tion was made, deliver to the judges of election appointed under and by virtue of the general law of elections, the original registra- tion book of their respective precincts, together with a copy thereof, heretofore required to be made, and shall take the receipt of one of the judges therefor. [R. S. 1899, Sec. 7207]. Sec. 13. Duties of clerks of election — return of books. — The clerks of the election shall, at the time any person votes or offers to vote, enter the words "voted" or "rejected," as the case may be, opposite the voter's name, on the registration books or lists furnished them, in the appropriate column; and at the close of the polls the registration book or lists shall be signed by the judges and attested by the clerks, and the names therein marked "voted" shall be counted and the number set down at the foot of the registration book or list, and any variance between that and the number of ballots counted noted on said books ; and the names therein marked "rejected," or otherwise disposed of, shall be counted and the number set down at the foot of the registra- tion book or list, and any variance between that and the number 208 CHARTER. of rejected ballots noted in like manner. The registration books shall then be returned to the county clerk in the manner now pro- vided by law for the return of poll books. [R. S. 1899, Sec. 7208] . Sec. 14. Pay of registration officers — expenses. — ^Each regis- tration officer, including deputies, shall receive for his services, under this article, three dollars per day for each day necessarily occupied in the discharge of his duties, and all other officers shall receive the like fees as now allowed by law for similar services. All expenses incurred under this article shall be paid out of the respective county treasuries. [R. S. 1899, Sec. 7209]. Sec. 15. Elections, how conducted. — All elections in such city shall be conducted in all respects as provided in this article, and subject to all the provisions of the Revised Statutes, entitled "of elections," so far as the same do not conflict with this article. [R. S. 1899, Sec. 7210]. Sec. 16. Additional lists to be furnished by county clerk. — In case any such city shall desire one or more certified lists of the registered voters resident within their corporate limits, to be used by the judges of the election at any corporate election, the clerk of the county court is directed, on demand of the lawful authorities of such city, to make out and certify such lists, but all expenses thereof shall be paid by the said city. [R. S. 1899, Sec. 7211]. Sec. 17. Circuit courts to have supervisory control of regis- tration. — The circuit courts of the several counties shall have a supervisory control over the registration officers appointed or elected by virtue of this article, and the clerks of the county courts, touching all matters appertaining to the registration of voters. [R. S. 1899, Sec. 7212]. Sec. 18. Special registration, day of. — There shall be a special registration hehl according to the provisions of this arti- cle, commencing on the 31st day of March, 1890, in all the counties of this state containing cities of twenty-five thousand and less than thirty thousand inhabitants for said cities. [R. S. 1899, Sec. 7213]. ART. XXX. REGISTRATION. 209 Sec. 19. Additional registration, etc. — Additional registra- tion shall be made for special elections, except elections for school purposes, but after the special registration provided for in the next preceding section shall have been made no special election shall be invalidated because of a failure to make such registra- tion. [R. S. 1899, Sec. 7214]. Sec. 20. Voting precincts — duty of common council. — The common council of every city in which registration of voters may be had under and by virtue of any special charter, or under the provisions of this article, may, by ordinance, provide for two or more voting precincts in each ward of such city, and such com mon council may, by ordinance, make such provisions as to judg'5=r and clerks of elections and additional copies of registration lists and the use of such copies at such voting precincts as may be nec- essary in the premises. [R. S. 1899, Sec. 7215]. Sec. 21. Registrar not to be candidate. — No registrar shall be a candidate for any office under the laws of this state at the general or special election for which registration has been made by him. [R. S. 1899, Sec. 7216]. Sec. 22. Restrictions — illegal registration — penalty. — No person shall register in any election district other than the one in which he resides at the time of registration. Any person register- ing under an assumed name, or name other than his own, or who shall register in more than one election district at any registra- tion, or shall wilfully and illegally procure his name to be placed upon the registration lists of voters, when not entitled thereto, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than six months nor more than one year, or by both such fine and imprisonment. [R. S. 1899, Sec. 7217]. Sec. 23. Corrupt registration — refusal to register qualified voters — penalty on registrar. — Any registrar who shall know- ingly and corruptly register any person as a voter who is not en- titled so to be registered, and any registrar who shall wilfully and maliciously or corruptly refuse to register any person entitled to be registered as a voter shall on conviction thereof be punished 14 210 CHARTER. by a line not to exceed live hundred dollars, or by imprisonment in the county jail not to exceed one year ; and shall for ten years thereafter be disqualifiea from voting at any election held in this state, or from holding any office of honor, profit or trust under the laws of this state. [R. ir.. 1899, Sec. 7218]. Sec. 24. Challenge by registrar — proceedings. — If the right of any person to register as a qualified voter be challenged, or if the registrar doubts the qualifications of any person applying for registration, such person shall file with the registrar his second written statement as to his qualifications as a voter, as prescribed by the provisions of this article, which statement shall be conclu- sive of the facts therein contained, and shall be returned by the registrar, with his books to the county clerk of the county, and filed and preserved by him. [R. S. 1899, Sec. 7219]. Sec. 25. Destroying or taking by violence registration book, penalty. — Whoever shall wilfully and maliciously destroy, muti- late or deface, or take by violence from any registrar, judge of election, county clerk or other proper custodian, or steal, take and carry away from its proper custodian any book of registra- tion or list of voters required by this article to be made or kept, shall, on conviction thereof, be punished by imprisonment in the county jail not more than twelve months, or by a fine not exceed- ing five hundred dollars, or by both such fine and imprisonment. [R. S. 1899, Sec. 7220]. Sec. 26. Justice of county court failing of duty, penalty. — Any justice of the county court, or any other officer who shall be charged with the performance of any duties appertaining to the registration of voters who shall wilfully and corruptly fail or re- fuse to perform the same shall be deemed guilty of a misdemeanor in office. [R. S. 1899, Sec. 7221]. ART. XXXI. DRAMSHOPS. 211 ARTICLE XXXI. DRAMSHOPS. Section | Section 1. Dramshop-keeper defined. I 2. No license to be granted with- out petition. Section 1. Dramshop keeper defined. — A dramshop keeper is a person permitted by law, being licensed according to the pro- visions of this article, to sell intoxicating liquors in any quantity, either at retail or in the original package, not exceeding ten gal- lons. [R. S. 1899, Sec. 2990]. (a) Sec. 2. No license to be granted without petition. — It shall not be lawful for any county court in this state or clerk thereof in vacation, or any other authority to grant any license to keep a dramshop in any town or city containing two thousand inhab- itants or more until a majority of the assessed taxpaying citizens and guardians of minors owning property in the block or square in which the dramshop is to be kept shall sign a petition asking for such license to keep a dramshop in such block or square in such town or city ; nor in any city containing less than two thou- sand inhabitants, nor in any incorporated town or municipal township until a majority, both of the assessed taxpaying citi- zens and guardians of minors owning property therein and in the block or square in which the dramshop is to be kept shall sign a petition asking for such license to keep a dramshop therein, which said petition shall be filed in the office of the clerk of the county court not less than ten (10) days before the first day of the court to which it is to be presented and remain on file for public in- spection, and by said clerk laid before the court at the first terni thereafter, and all dramshop license issued contrary to the pro- visions of this section shall be void : Provided, said petition shall be in force and effect for a period of one year from the date of (a) An incorporated club is not a "person" within the meaning of the dramshop act regulating the sale of intoxicating liquors and requiring a "person" to take out license as a dramshop keepeer: The State ex rel. v. The St. Louis Club, 125 Mo. 308. 212 CHARTER. the granting of the first license thereon and no longer, and no license shall continue in force longer than the petition upon which it is granted : Provided, no minor shall be counted on said peti- tion or against said petition, and that no person or persons to whom any real estate or other property has been deeded, trans- ferred, conveyed or donated for the purpose of making him or them eligible to sign such a petition shall be counted for or against such petition : Provided, that in all cities of the second class no license shall be granted unless the petition therefor shall have en- dorsed thereon the approval of the mayor and president of the board of police commissioners of such city. [Laws of 1903, page 170]. ART. XXXII. PLUMBING. 213 ARTICLE XXXII. PLUMBING. Section 1. Application of act. 2. Creating board for the exami- nation of plumbei s. 3. Plumbers required to pass ex- amination for license. 4. Who shall constitute board. 5. Mayor shall appoint members of board. 6. Duties of board. 10. 11. Organization of board. Powers of board. Fee for examination — renewal of certificate. City shall, by ordinance, pro- vide for regulating the bus- iness of plumbing. Penalty for violation of law. Section 1. Application of act. — Any person, firm or corpo- ration desiring to engage or continue in the business of plumbing or drain laying, either as a, master plumber or as a journeyman plumber, or as a plumbing inspector in any city or town in this state having a population of fifty thousand or more inhabitants shall first comply with the provisions of this act. [Laws of 1903, page 82]. Sec. 2. Creating board for the examination of plumbers. — There shall be in every such city or town a board of examiners which shall be known as the board for the examination of plumb- ers. [Laws of 1903, page 82]. Sec. 3. Plumbers required to pass examination for license.^ Every person desiring to engage in or work at the business or trade of plumbing, except apprentices working with duly licensed plumbers, shall first be examined by and obtain from said board a certificate of his qualification and fitness to carry on and work at the business or trade of plumbing. [Laws of 1903, page 83]. Sec. 4. Who shall constitute board. — In all cities or towns provided for in this act said board shall be composed of the fol- lowing persons: 1st. The chief plumbing inspector of said city or town, who shall be chairman ex officio, and who shall serve on the said board without pay. 214 CHARTER. 2nd. One master or employing plumber and one journey- man plumber, each of whom are residents of, and shall have re- sided in said city or toAvn for at least three years next before their appointment, and who shall have been actively engaged at the business bv trade of plumbing for not less than five years, which two members shall be appointed by the mayor of said city or town, and shall hold their respective offices at the pleasure of the mayor of said citj' or town, whose compensation shall be fixed by ordinance of said city or town, to be paid out of the general revenue of said city or town. [Laws of 1903, page 83]. Sec. 5. Mayor shall appoint members of board. — It shall be the duty of the mayor of the cities or towns provided for in this act, within thirty days after the provisions of this act shall take effect, to make the appointments therein provided for, and to call a meeting of said board within ten days thereafter for the pur- pose of organizing said board, and to have the provisions of this act enforced. [Laws of 1903, page 83]. Sec. 6. Duties of board. — It shall be the duty of the mem- bers of said board, when notified by the mayor of said city or town, to meet and organize, adopt rules to carry into effect the provisions of this law, and designate the times and places of meeting for the examination of applicants as to their practical and mechanical knowledge of plumbing, house drainage and plumbing ventilation; and upon satisfactory proof of the quali- fication and fitness of the applicant shall so certify to the chief supervisor or inspector of plumbing of said city or town. Said board shall thereupon issue a license to such applicant authoriz- ing him to engage in or work at the business or trade of plumb- ing or drain-laying as a master or employing plumber or as a journeyman plumber. [Laws of 1903, page 83]. Sec. 7. Organization of board. — The board shall elect one of its members secretary, whose duties shall be to keep a record of the business transacted by the board, and to account for all moneys collected by him, and who shall be required to execute a bond to said city or town in the sum of one thousand ($1,000.00) dolhirs, to be approved by the mayor of said city. [Laws of 1903, page 83]. ART. XXXII. PLUMBING. 215 Sec. 8. Powers of board. — The board shall have the power to revoke any license issued by it upon satisfactory proof that the holder of said license has violated any of the provisions of this act or any city ordinance intended to carry the provisions of this act into effect, or for violation of any rule of said board, and if any such license shall be revoked, the same shall not be reissued within six (6) months thereafter. If any person, firm or corpora- tion be charged with violation of any of the provisions of this act, it shall be the duty of the secretary of the board to serve a copy of said charges in writing on the person, firm or corporation so charged and notify him to appear on a day certain before said board and show cause why his license should not be revoked. [Laws of 1903, page 83]. Sec. 9. Fee for examination — renewal of certificate. — The examination fee for a master or employing plumber shall be two ($2.00) dollars. The fee for a journeyman plumber shall be two ($2.00) dollars, which fee shall be paid to the secretary of said board when the applicant for a license files his application for examination. All fees so paid to the secretary shall be paid by him to the treasurer of said city or town. Any license issued by any such board shall be valid throughout this state, and each license so issued shall be renewed annually upon the payment to the secretary of the board renewing the same a fee of one ($1.00) dollar, and the same may be renewed by any board created by this act. [Laws of 1903, page 84]. Sec. 10. City shall, by ordinance, provide for regulating the business of plumbing. — Every city or town provided for in this act shall, by ordinance or by regulation of its board of health, within six (6) months from and after the passage of this act, provided said city or town now has no such ordinance or rule as hereinafter described, prescribe rules and regulations for the ma- terials, construction, alteration and inspection of all pipes, fau- cets, tanks, valves and other fixtures by and through which water is to be carried into any building or by and through which any waste water or sewerage is to be used and carried out of and away from any building and provide that no such pipes, tanks, faucets, valves, connections and other fixtures shall be placed in any build- ing in such city or town, except in accordance with the plans which shall be approved by the ordinance of such city or town, 216 CHARTER. and shall provide that no plumbing or drain-laying shall be done in such city or town, except in case of repairing leaks, without a permit having first been issued therefor authorizing such work to be done in the manner prescribed by the ordinance of such city or town, and in all such cities or towns there shall be one or more plumbing inspectors who shall, if not otherwise provided for by ordinance, be appointed b}'' the mayor of such city or town, and such inspectors shall be duly licensed plumbers, and whose duties, term of office and compensation shall be fixed by the ordi- nance of such city or town. [Laws of 1903, page 84] . Sec. 11. Penalty for violation of law. — Any person, firm or corporation, or the agent or officer of any such person, firm or corporation who shall violate, or cause or permit to be violated any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction therefor shall be fined not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars for each offense. [Laws of 1903, page 84]. ART. XXXIII. MISCELLANEOUS PROVISIONS. 217 ARTICLE XXXIII MISCELLANEOUS PROVISIONS. Section 1. Persons charged with collection of money shall pay same over to city treasurer. 2. Ordinances and pi oceedings, how proved. 3. Repeal of acts, how construed. 4. Warrants to issue for violation of ordinances. 5. Who to be conservators of the peace. Justice of the peace may act as judge of the police court. 6. Section 7. Officers to hold until successora are qualified. 8. City to give bond on taking ap- peal. Cannot sanction or license bawdy house or gambling. Smoke abatement — penalties. Cities empowered to enforce act by ordinance. Public utilities disposed of, how. Work to be let by contract. 9. 10. 11. 12. 13. Section 1. Payments to the treasurer. — All persons charged with the collection of money under the charter and ordinances of the city shall promptly pay the same over to the city treas- urer, under such penalty as may be prescribed by ordinance, and the treasurer shall issue duplicate receipts therefor, one of which shall be handed by the person receiving the same forthwith to the auditor, and the other shall be countersigned by the auditor before it shall be valid for any purpose in favor of such persons receiving the same. [R. S. 1899, Sec. 5571]. Sec 2. Ordinances, authentication of. — All ordinances, res- olutions and proceedings of the city may be approved by the seal of the corporation, attested by the officer having charge thereof, and when printed and published by authority of the corporation the same shall be received in evidence in all courts and places without further proof. [R. S. 1899, Sec. 5694] . Sec 3. Effect of this article on accrued rights, etc.— The repeal of any act by the provisions of this article shall not in any- wise be so construed as to affect any right or liability acquired or accrued thereunder, by or on the part of the city or any person or body corporate. [R. S. 1899, Sec. 5695]. Sec 4. Warrant to issue, when. — A warrant shall issue in all cases in favor of such city for a violation of any ordinance, 218 CHARTER. by-law or other regulations when any person shall make oath or affirmation that such violation has been committed, or upon in- formation by the city attorney. [R. S. 1899, See. 5696]. Sec. 5. Certain officers conservators of the peace. — The mayor, aldermen, chief of police, and all police officers shall be conservators of the peace, and all officers of the city created con- servators of the peace under this article, or authorized by any or- dinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the eitj'^ or laws of the state, commit for examination, and, if necessary, detain such person over night, or on the Sabbath, in the city prison, or any other safe place, or until they can be brought before the judge of the police court, or other proper officer, and shall have and exercise such other powers as conservators of the peace as the common council may prescribe. [R. S. 1899, Sec. 5697]. Sec. 6. When justice may act. — In case of the sickness or absence from the city of the judge of the police court some jus- tice of the peace, resident within the city, to be designated by said judge of the police court, or upon his failure to designate, then by the mayor, shall perform the duties of judge of the po- lice court, and judgments rendered by such justice, so acting, shall have the same force and effect as the judgments of the judge of the police court. [R. S. 1899, Sec. 5698] . Sec. 7. Tenure of present incumbents. — All persons now in office in said city shall hold their offices until their successors are elected or appointed and qualified, as herein provided. [R. S. 1899, Sec. 5699]. Sec. 8. City to give bond on appeal. — Such city, in taking an appeal or prosecuting a writ of error in any judicial proceed- ing, shall give bonds, as required by law; but it is hereby re- leased from the obligations of law to furnish security therefor. All such bonds shall be executed by the mayor, and shall be taken in all courts of this state as a full compliance with the law in such cases, and all acts and parts of acts inconsistent with this provis- ion are hereby repealed. In all actions brought by or against such city the inhabitants of the city may be jurors or witnesses, if otherwise competent and qualified. [R. S. 1899, Sec. 5700]. ART. XXXIII. MISCELLANEOUS PROVISIONS. 219 Sec. 9. Gambling and bawdy houses prohibited — penalty. — Every person who shall set up or keep a common gaming house, or bawdy house or brothel or house of assignation, shall, on con- viction, be adjudged guilty of a misdemeanor and punished by a fine not less than two hundred nor exceeding one thousand dol- lars ; and it shall not be lawful for any county, township, city or town in this state, directly or indirectly, to license, regulate or place under the sanction of law gambling or gammg houses, bawdy houses or brothels, or houses of ill fame or assignation, under any pretenses whatever. [R. S. 1899, Sec. 2197]. Sec. 10. Smoke abatement — penalties. — The emission or dis- charge into the open air of dense smoke within the corporate limits of cities of this state which now have or may have here- after a population of one hundred thousand inhabitants is hereby declared to be a public nuisance. The owners, lessees, occupants, managers or agents of any building, establishments or premises from which dense smoke is so emitted or discharged shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall pay a fine of not less than twenty-five dollars, nor more than one hundred dollars. And each and every day whereon such smoke shall be emitted or discharged shall constitute a separate offense : Provided, how- ever, that in any suit or proceeding under this act it shall be a good defense if the person charged with a violation thereof shall show to the satisfaction of the jury or court trying the facts that there is no known practicable device, appliance, means or method by application of which to his building, establishment or premises the emission or discharge of the dense smoke complained of in that proceeding could have been prevented. [Laws of 1901, page 73]. Sec. 11. Cities empowered to enforce act by ordinance. — All cities to which the provisions of this act are applicable are hereby empowered to enact all necessary or desirable ordinances, not inconsistent with the provisions herein, nor the constitution, nor any general law of this state, in order to carry out the provisions of this act. [Laws of 1901, page 74]. Sec. 12. Public utilities disposed of, how. — ^Before any city of the second class shall sell or dispose of in any way or abandon or cease to operate any electric light plant, waterworks plant. 220 CHARTER. gas plant, street railway or any other public utility which may be owned by it, it shall first submit the proposition for such sale or disposition or abandonment or ceasing to operate by ordinance to the qualified voters of said city, either at a general election or a special election held for that purpose, and it shall require a majority of the votes cast at said election for and against such proposition to be in favor of the proposition before any authority shall exist for such sale, disposition, abandonment or ceasing to operate. [Laws of 1903, page 67]. Sec. 13. Work to be let by contract. — All city improvements of whatever kind or character, including the erection of all pub- lic buildings made or to be erected at the expense of said city, shall be let by contract to the lowest and best bidder, and shall be prescribed by ordinance : Provided, that nothing in this sec- tion shall be so construed as to prevent the repair, b}^ day's work, of streets, sewers, culverts, buildings or other city property, so far as may be necessary for their preservation, under the direc- tion of the city engineer or other proper officer, when such repairs shall have been ordered to be made by a vote of the common council. [R. S. 1899, Sec. 5693J. ART. XXXIV. BRIDGES AND TUNNELS. 221 ARTICLE XXXIV. BRIDGES AND TUNNELS. Section l. Cities of 100,000 may acquire bridges and tunnels, liow. Section 1. Cities of 100,000 may acquire bridges and tun- nels, how. — ^All cities in this state liaving one hundred thousand iuliabitants or over are hereby given tlie power and authority to build or acquire by purchase, lease, gift or otherwise, within their corporate limits or within a reasonable distance outside thereof, a bridge or bridges, or a tunnel or tunnels for public use by rail- roads, street cars, vehicles of all kinds and pedestrians, over or under rivers and streams in Missouri or those forming a boundary between this and other states, and to acquire, hold, use and re- tain by purchase, lease, gift or otherwise land to be used for ap- proaches for and in the construction, operation and maintenance of said bridge or bridges, tunnel or tunnels, in this and other states, and to maintain, use and operate said bridge or bridges, tunnel or tunnels, either as toll or free bridges or tunnels, as may by said cities be deemed expedient. [Laws of 1905, page 94]. REVISED ORDINANCES. CHAPTER I. ACCIDENTS— EVIDENCE TO BE PRESERVED. Section 1. Policeman to notify chief of ac- cident. 2. Duties of city officers on receipt of notice. 3. Engineer to diagram location, etc. Section 4. Effort to obtain settlement for injury. 5. Blank form to be prepared. Section 1. Policemen to notify chief of accident. — It shall hereafter be the duty of any policeman in the city of St. Joseph to notify the chief of police of any accident or injury to persons or property occurring at any time within the bounds of the beat of such .policeman, and the notification of such policeman shall be in writing stating the nature of the accident, the name of the person or kind of property injured, and the time and place at which the accident occurred. [R. 0. 1897, Chap. 2, Sec. 1.] Sec. 2. Duties of city oflficers on receipt of notice. — Immedi- ately upon receiving the information mentioned in section 1, the chief of police shall transmit a copy thereof to the city counselor, and in case of personal injuries it shall be the duty of the city counselor or his assistant to proceed at once to the place of such accident and ascertain from all available witnesses the manner in which the accident occurred and the cause thereof, if possible, and reduce to writing the names and places of residence of such witnesses, together with the substance of their evidence ; and it shall also be the duty of the city physician and the city counselor or his assistant to visit the person injured and ascertain the nature and extent of the injury received, and obtain from him a statement of the manner and cause of the accident; and if the circumstances, in the opinion of said officers require it, the city physician shall offer to attend to the injuries of such person free of charge. The city counselor shall reduce to writing and keep 224 REVISED ORDINANCES. CHAP. I, in his office all the information so obtained respecting each per- sonal injury case and transmit the same to his successor in office. [G. 0. No. 872, Sec. 1]. Sec. 3. Engineer to diagram location, etc. — It shall be the duty of the chief of police to notify the city engineer in writing of the time and location of such accident, and immediately there- upon the city engineer shall cause the spot or location of said accident to be diagramed or photographed, and obtain the names and statement of witnesses as to the nature and condition of the street, alley or sidewalk where such accident occurred, and upon reducing the same to writing, shall transmit the same to the city counselor, who shall preserve such information in such manner and for the same purpose as required in section two. [R. 0. 1897, Chap. 2, Sec. 3]. Sec. 4. Effort to obtain settlement for injury. — In case of injuries arising from defects or obstructions in streets, alleys or sidewalks, it shall be the duty of the city counselor, upon visiting the person injured and ascertaining the nature and extent of such injuries, and the circumstances attending the same, to recom- mend, if in his opinion the circumstances justify it, to the judi- ciary committee of the common council, a basis of settlement for such injuries, stating therein the nature and extent of the injuries received by such person, and an amount which would be a proper and just allowance for such injuries, and upon such recommendation, if the judiciary committee, or a majority thereof, shall approve the same, then the city counselor shall have the au- thority to settle with such person for such amount; Provided, that such person so injured shall sign an agreement to the effect that upon payment of said amount, the city of St. Joseph shall be released from all further liability on account of such injury, but no such settlement or agreement shall be binding upon the city until an ordinance appropriating money to pay the same shall have been passed by the common council and approved by the mayor. [G. O. No. 875. Sec. 1] . Sec. 5. Blank forms to be prepared. — The city clerk and city counselor are hereby instructed to prepare blank forms for the reports of the different officers mentioned herein, and to so prepare them as to carry into effect all the terms of this ordinance. [R. O. 1897, Chap. 2, Sec. 5]. AMUSEMENTS— SHOWS. 225 CHAPTER II AMUSEMENTS— SHOWS. Section 6. Public 10. 11. 12. 13. 14. entertainments, amuse- ments, etc., license therefor. Ten pin alley, license therefor. Pistol or shooting gallery, baby rack, cane rack, knife board, license for. Horoscopic or stereoscopic views, license for. Magnifying glass, telescope, lung tester, muscle developer, weighing machine, license for. Merry-go-round, riding gallery, revolving swing, license for. Wild west shows or exhibitions and parades. Penalty for violation. Selling or renting automatic phonographs. Section 15. 16. 17. 18. 19. 20. 21. 23. 24. Fairs, license for. License for theaters and opera houses, how paid. Same, license forfeited when. Place of public amusement, regulating doors thereof. Same, penalty. Places of amusement, chairs not to be kept in passage way. Ingress and egress in front of opera houses. Same, penalty. Firemen as Inspectors in thea- ters. Fire drill for stage employes. Sec. 6. Public entertainments — amusements, etc., license for. — No person shall give a public entertainment for gain or profit without a license therefor from said city, and the charge for such license shall be as follows : First: Menagerie and circus combined where the admission price is fifty (50) cents, seventy-five (75) dollars per day; which license shall include the privilege of a street parade, and no street parade shall be permitted unless a license as aforesaid has been obtained. Second: Menagerie and circus combined, where the admis- sion price is twenty-five (25) cents, fifty (50) dollars per day; which license shall include the privilege of a street parade, and no street parade shall be permitted unless a license as aforesaid has been obtained. Third : Any show, side show, street exhibition or amusement, ten (10) dollars per day, or thirty (30) dollars per week. 15 226 REVISED ORDINANCES. CHAP. II. Fourth: For museum and theatrical entertainment com- bined, charging an admission fee of less than twenty-five (25) cents, five (5) dollars per week, or fifty (50) dollars per year, but no license shall be issued for less than one year, except at weekly rates. Fifth: For theater, opera, lecture, concert, minstrel per- formance, public ball, public masquerade, public pedestrian or wrestling exhibition, five (5) dollars per day. Sixth: For each opera house or theater, one hundred and fifty (150) dollars per year; the license shall be issued for one year, and shall permit the giving of all the above enumerated entertainments (excepting circuses, menageries and equestrian exhibitions) in the places licensed without additional license. Seventh : Any public entertainment not previously men- tioned, five (5) dollars per day, or twenty-five (25) dollars per month. Eighth : No license shall be required for any entertainment given by the citizens of this city, when the same shall be for charitable, benevolent or religious purposes only. Ninth: Open air concert or theatrical entertainments, five (5) dollars per day, or twenty-five (25) dollars per month. Any concert or theatrical entertainment given from a stage before an audience in the open air, shall be deemed an open air concert or theatrical entertainment. CG. 0. No. 675, Sec. 1]. Sec. 7. Ten pin alley. — No person shall keep or take part in keeping any ten pin alley, for gain or profit, without a license therefor from said city, and the charge therefor shall be fifteen dollars per annum. [R. O. 1897, Chap. 3, Sec. 2]. Sec. 8. Pistol or shooting- gallery, baby rack, cane rack, knife board. — No person shall cari-y on, or take part in carrying on, for gain or profit, any pistol gallery or shooting gallery, knife board, baby rack or cane rack, Avithout a license therefor from said city, and the charge for such license shall be as follows: Shooting gallery or pistol gallery, five dollars per month, or AMUSEMENTS -SHOWS. 227 fifteen dollars per year; baby rack, cane rack or knife board, ten dollars per month or twenty-five dollars per year. [R. 0. 1897, Chap. 3, Sec. 3]. Sec. 9. Horoscopic or stereoscopic views. — No person shall keep horoscopic or stereoscopic views for gain or profit without a license therefor from said city, and the charge for such license shall be ten dollars per annum. [R. 0. 1897, Chap. 3, Sec. 4] . Sec. 10. Magnifying- glass, telescope, lung tester, muscle developer, weighing machine. — No person shall, for gain or profit, keep for use by others, any magnifying glass or glasses, telescope, lung tester, muscle developer or weighing machine, without a license therefor from said city, and the charge for such license shall be ten dollars per month. [R. 0. 1897, Chap. 3, Sec. 5]. Sec. 11. Merry-go-round, riding gallery, revolving swing. — No person shall keep, for gain or profit, for use by others, any merry-go-round, riding gallery, or revolving swing, without a license therefor from said city, and the charge for such license shall be five dollars per month, or twenty-five dollars per year. [G. O. No. 585, Sec. 1]. Sec. 12. Wild west shows or exhibitions and parades. — No- person shall, in this city, for gain or profit, exhibit a wild west show or give a public entertainment comprising an exhibition of rough or reckless riding, stage driving, sham battles, frontier scenes, etc., without a license therefor from the city of St. Joseph, and the charge for such license shall be one hundred dollars per day, which license shall include the privilege of a street parade, and no street parade shall be permitted unless a license as afore- said has been obtained, unless a license for such street parade shall first be obtained, and the charge for such license for such street parade shall be one hundred dollars for each parade, [G. 0. No. 580, Sec. 1]. Sec. 13. Penalty for violation. — Any person violating the provisions of the preceding section of this ordinance, shall upon conviction therefor, be fined two hundred dollars for each offense. [G. 0. No. 580, Sec. 2]. 228 REVISED ORDINANCES. CHAP. II. Sec. 14. Selling or renting automatic phonographs. — No person shall engage in selling or renting automatic phonographs for business purposes or amusement without first having obtained a license from said city, and the charge for such license shall be five dollars per year for each instrument. [K. 0. 1897, Chap. 3, See. 7]. Sec, 15. Fairs — license for. — It is hereby declared to be illegal for any person, company or corporation to give a fair within this city without a license therefor, and the charge for such license shall be five dollars per week, which license shall include privileges of all kinds within the grounds. Any person, company or corporation failing or refusing to comply with the provisions herein shall be deemed guilty of a misdemeanor, and, upon con- viction thereof, shall be fined in a sum not exceeding five dollars for each offense, and each day shall constitute a separate offense. [R. 0. 1897, Chap. 3, Sec. 8]. Sec. 16. License for theaters and opera houses — how paid.— The license fees required of theaters and opera houses in the city of St. Joseph for each year, may be paid as follows : On taking out the license for one year, the applicant shall pay one-third of the yearly license fee in advance, and he shall, at the expiration of four months from the date of said license, pay another one- third thereof, and at the expiration of the four months from the latter date, he shall pay the remaining one-third of such license, and the applicant shall, upon procuring his yearly license, and at the time it is issued, execute and file a bond with the city auditor, in the sum of at least three hundred dollars, with two or more good securities, residents of the city of St. Joseph, con- ditioned that he will pay the deferred installments of such license fee as they respectively become due. In case of a failure to pay any such installment when it becomes due, then the whole of such installments shall become due and said bond may be sued upon and ,the amount of such installment or installments recov- ered with all costs and expenses incident to such suit, whether all such installments are then due or not. The security in said bond shall be approved by the comptroller. [R. O. 1897, Chap. 3, Sec. 9]. AMUSEMENTS -SHOWS. 229 Sec. 17. Same — license forfeited, when. — In case the person taking out such license shall fail to pay any installment when due, then his license shall at once become forfeited, and shall be no protection to him whatever, but this shall in no way prevent a recovery by the city upon the bond aforesaid as hereinbefore provided, and upon a recovery upon such bond, and payment of the amount thereby recovered, the license shall again become operative. [R. 0. 1897, Chap. 3, Sec. 10]. Sec. 18. Places of public amusement, regulating doors thereof. — In every place of public amusement within the city of St. Joseph, all outside idoors or doors leading into any auditorium shall open outwardly, and over each egress opening shall be placed the word, "exit," in letters at least eight inches high, and all of said doors shall be kept unlocked for and during any perform- ance or entertainment, and remain unlocked until the entire audi- ence shall have left the building. [R. 0. 1897, Chap. 3, See. 11]. Sec. 19. Same — penalty. — ^Any person who shall violate or permit the violation of any provision of this ordinance, shall, upon conviction thereof before the judge of the police court, be fined in a sum not less than one hundred dollars nor more than five hundred dollars for each offense ; one-half of the recovery in each case to be paid to the party making the complaint. [R. 0. 1897, Chap. 3, Sec. 12]. Sec. 20. Places of amusement — chairs not to be kept in passage way. — It shall be unlawful to place or keep any chairs or movable seats of any kind in the aisles or passage ways of any place of public amusement in this city during a performance or exhibition therein, and any person having the management, charge or control of such place, or any one in the employ of such person, who shall be convicted of so doing in the police court of this city, shall be fined in a sum of not less than one hundred dollars for each and every offense ; one-half of any such fine so collected to be paid to the person giving information of the of- fense and so causing the conviction of the person so offending. [R. O. 1897, Chap. 3, Sec. 13]. Sec. 21. Ingress and egress in front of opera houses. — No owner, driver or conductor in charge of any hack, cab, carriage, omnibus, buggy, wagon or other vehicle public or private shall, for the space of one-half hour next before the beginning of any 230 REVISED ORDINANCES. CHAP. II. opera, show or any entertainment of any kind whatsoever at the Tootle opera house on Francis street, or the Crawford opera house on Fifth street, nor during the performance of any opera, show or entertainment at either pf said opera houses, nor for one-half hour next after the close of any opera, show or enter- tainment at either of said opera houses, stand his vehicle on the south side of Francis street immediately east of Fifth street, and north of Tootle's opera house to the alley east thereof running north and south between Fifth and Sixth streets, nor on the west side of Fifth street immediately south of Jule street and east of the Crawford opera house, for a distance of one hundred and jBfty feet south of the southwest corner of Fifth and Jule streets, for a longer time than is necessary for the prompt discharge or receipt of passengers to and from such vehicle. It being the intention of this ordinance that the said space in Fifth street immediately opposite the Crawford opera house, and that the said space in Francis street immediately opposite the Tootle opera house, shall be kept clear and unobstructed during the times aforesaid for the prompt ingress and egress of vehicles having passengers to discharge or receive at said opera houses. [G. 0. No. 563, Sec. 1]. Sec. 22. Same — Penalty. — Any person violating any of the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than two dollars nor more than twenty dollars for each violation. [G. 0. No. 563, Sec. 2]. Sec. 23. Firemen as inspectors in theaters. — That the chief of the fire department be and he is hereby instructed to detail at every theater or building of public amusement during each performance or occupation of building by public assemblage a strong, able-bodied fireman, who shall be vested with police au- thority and whose duty it shall be to make a complete tour of the entire theater before the curtain rises to ascertain if every exit and window leading to the fire escape is free from lock or bar and :easy of egress; if all lights over exits are burning and are protected by the required wire guard ; if all fire extinguishers are in place ; if all aisles and passage ways are free from obstruction of temporary seats or other obstructions that might interfere with egress ; and if persons are allowed to stand in said aisles or pass- AMUSEMENTS— SHOWS. 231 age ways during the performance or while the biiildiug is occu- pied by a public assemblage. Pie shall further see if the lire-proof curtain is down while the theater is being filled prior to the per- formance, lecture, concert or other amusement, and if it is low- ered at least once during each performance. He shall make a tour of the stage to ascertain if water is turned on stand pipes, if hose is in proper place and within easy reach, with nozzle at- tached thereto, if casks are full of water and buckets in place, if fire-proof curtain is in working order, if ventilator will operate if rope is cut or loosened, if lights are exposed or Avithout proper guard, and if axes are in place and within easy reach; and shall at least twice a month at some time during the day inspect the sprinkler system, ascertaining if every sprinkler head is in place, if it be an automatic sprinkler, or if it be the perforated pipe system, he shall see if the pipes are properly perforated and holes not stopped or plugged, if the system be attached to an independ- ent lead with a valve in a conspicuous place and within easy reach, if whichever system may be employed shall be ready to operate as the emergency may require ; ^and see if the entire system is in complete working order. Should he be interfered with in the performance of the duties prescribed in this ordinance by the management or lany theatrical employe, he shall at once notify the chief of the fire department or his assistant by tele- phone or other means, who shall see to it that he be allowed to perform said duties or order theater closed at once. [G. 0. No. 838, Sec. 1]. Sec. 24. Fire drill for stage employes. — Each manager of a house of amusement shall have drilled the stage employes in handling the fire apparatus and appliances so that in case of fire or other emergency, they shall have knowledge of what action to take. The chief of the fire department shall furnish a mem- ber of his department to drill such employes whenever requested by such manager, and should he find that the ordinance regulating and governing theaters and their management is not in any par- ticular being complied with, he shall at once make affidavit as to such delinquency or omission and file such affidavit with the city attorney, whose duty it shall be to at once institute prosecu- tion for such violation. [G. O. No. 838, Sec. 2]. (Penalty for violating sections six to fourteen inclusive of this chap, prescribed in sec. 662, chap, entitled "licenses.") 232 REVISED ORDINANCES. CHAP. III. CHAPTER III AUCTIONEERS. Section 25. Auction sales to be by auction- eer; license for. Section 26. License, how granted; bond re- quired. 27. May ring bell. Sec. 25. Auction sales to be by auctioneer — license. — ^All sales of goods, chattels or personal property at public auction, within |the city of St. Joseph, except such as are exempt from auction duty under the laws of this state, shall be made by an auc- tioneer, who shall have first obtained a license from this city, the charge for which shall be twenty-five dollars per annum for each person acting as such auctioneer; Provided, That a licensed auction house shall pay but one license. [R. 0. 1897, Chap. 6, Sec. 1]. Sec. 26. License — how granted — bond required. — The city auditor is hereby authorized to grant a license as an auctioneer to any person who shall apply therefor, upon the applicant exe- cuting to the city of St. Joseph a bond, with at least two sureties, to be approved by the comptroller, in the penal sum of one thous- and dollars, conditioned that the person so licensed, will, during his continuance in the busine'ss as auctioneer, faithfully discharge his duties as such ; that he will pay over the proceeds of all prop- erty sold by him to the person entitled to receive the same ; and that he will not make any misrepresentations, false or fraudulent statements, or fraudulently conceal any fact in relation to the quantity, title to, or ownership of any property offered by him or any of his employes for sale : and shall also produce to the auditor the receipt of the treasurer for the amount of such license. [R. 0. 1897, Chap. 6, Sec. 2]. Sec. 27. May ring- bell. — Licensed auctioneers are hereby authorized to ring or cause to have rung a bell at each sale for a period not to exceed fifteen minutes. [R. 0. 1897, Chap. 6, Sec. 3]. (For penalty for violating this chap, see sec. 662, chap, en- titled "licenses.") BILLIARD TABLES. 233 CHAPTER IV. BILLIARD AND OTHER TABLES. Section 28. Billiard tables, etc., license for. 29. Permitting minor to play, pen- alty. Section 30. License to be exposed. Sec. 28. Billiard and other tables — license. — No person shall keep, for gain or profit, any billiard table, pool table, bagatelle table, pigeon hole table or shovel board, for use by others, with- out a license therefor from said city, and the charge for such license shall be as follows : For each billiard table, ten dollars per year; for each and every other table or board, ten dollars per year. [R. 0. 1897, Chap. 10, Sec. 1]. ♦ Sec. 29. Penalty for permitting minor to play. — No licensee or his employe, or other person in charge of any billiard table, pool table, bagatelle table, pigeon hole table or shovel board, shall at any time, with or without gain or profit, permit or allow any such table or board to be used by any minor for any purpose whatever. Any person violating, failing, neglecting or refusing to comply with any provision, regulation or requirement of this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars; and, in addition thereto, the court in which such conviction is had, shall adjudge and declare such license forfeited to the city of St. Joseph, and thereafter it shall be unlawful for said licensee, or any other person, to do business under such for- feited license. [R. 0. 1897, Chap. 10, Sec. 2]. Sec. 30. License plate to be exposed. — The city auditor shall keep a book wherein he shall register the number of all such tables and boards that are licensed. Upon licensing a table or board, said auditor shall deliver to the licensee a metallic plate with the word ' ' licensed ' ' and number thereon. Upon receiving said plate, the licensee shall securely fasten the same in some conspicuous 234 REVISED ORDINANCES. CHAP. IV. place upon such licensed table or board, and keep the same so fastened during the time such license is in force ; and upon the ex- piration or forfeiture of such license, said licensee shall return said metallic plate to said auditor. [R. 0. 1897, Chap. 10, Sec. 3] . (For penalty for violating this chap, see sec. 662, chap, en- titled ''licenses.") BILL POSTING. 235 CHAPTER V. BILL POSTING— BILL BOARDS. Sei^tion 31. Bill poster, license for. 32. Bill poster defined. 33. Shall register location of bill boards, etc. 34. Bill board how constructed, to be kept in repair. 35. Bill boards, etc., to be kept free from loose paper. 36. Posteis not to be affixed to sidewalks, etc., without con- sent, etc. Section 37. Destroying posters, etc. Penalty. Building inspector to inspect bill boards, etc. Prohibiting bill posters from going on vacant property. Same, penalty. 38. 39. 40. 41. Sec. 31. Bill poster, license. — It shall be unlawful for any person, association or corporation to exercise, carry on, or engage in the occupation of a bill poster in the city of St. Joseph, without first having obtained n license therefor from said city, and the charge for such license shall be fifty dollars per year and no such license shall be issued for a less period than one year; pro- vided, that no license shall be required for the posting of legal notices, or distributing bills or posters for any charitable, relig- ious, or political purposes. Any person or persons engaging in such occupation without first having obtained a license, shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 11, Sec. 1]. Sec. 32. Bill poster defined. — Any person, association, cor- poration or any manager, agent or proprietor of a theater or other place of public amusement, who shall post up or affix in any man- ner, or paint, print or write, or cause to be painted, or written- a notice or advertisement upon any bulletin board, wall, fence, building or other place, is hereby declared to he a bill poster. [R. 0. 1897, Chap. 11, See. 2.] Sec. 33. Shall register location of bill boards, etc.— Before any person, association or corporation shall be entitled to receive a license as a bill poster, he shall file with the building inspector a complete list of all bill boards, walls or other places used for posting bills owned or controlled by him and shall keep said list corrected from day to day as to any and all additions and with- drawals. [G. 0. No. 873, Sec. 1]. 236 REVISED ORDINANCES. CHAP. V. Sec. 34. Bill boards, how constructed, to be kept in repair. — All bill boards hereafter to be erected shall be constructed in the following manner: Those constructed in the ^rst-class fire limits shall not be higher than twelve feet, and the lower plank thereof shall be six inches from the ground. The support posts to be not less than four by four inches and set in the ground at least three feet, and such supports shall not be less than ten feet apart, said supporters shall be safely braced, and such bill boards shall at all times be kept in good condition of repair so that they will be safe and secure from wind storms ; those bill boards which are erected outside of the first-class fire limits, shall be erected in the same manner as those in the first- class fire limits, unless the adjacent property owners give their consent in writing to the erection of such bill boards at a greater height, but such bill boards shall not be erected higher than twenty-one feet, and in such cases the main supports shall be at least six inches square ; provided, however, that no such bill boards be erected on fire walls or house roofs. Any person violat- ing the provisions of this section shall be deemed guilty of a mis- demeanor. [G. O. No. 724, Sec. 1]. Sec. 35. Bill boards, etc., to be kept free from loose paper. — It is hereby made the duty of every licensed bill poster to keep the bill boards, walls and fences used, owned or controlled by him free from loose or fi.opping paper, and to keep the ground clean around and contiguous to such bill boards, walls and fences, from loose paper falling from said bill boards, walls and fences, and any person failing to so do shall be deemed guilty of a mis- demeanor. [R. 0. 1897, Chap. 11, Sec. 5]. Sec. 36. Posters not to be affixed to sidewalks, etc., without consent, etc. — It shall be unlawful for any person or persons without the consent of the mayor to post up, or affix in any man- ner, or paint, print or write, or cause to be painted, printed or written, a notice, advertisement or bill upon a bridge, hydrant, curbstone, sidewalk, tree, pole or post in a street or public place, or upon a walk, fence or building belonging to the city ; and any person or persons so offending shall be deemed guilty of a mis- demeanor. [R. 0. 1897, Chap. 11, Sec. 6]. Sec. 37. Destroying posters, etc. — It shall be unlawful for any person in this city to wilfully tear, pull, or cut down, destroy, BILL POSTING. 237 mutilate or deface any poster, hand bill, card or other advertise- ment posted upon any bill board, wall or other place by a licensed bill poster, and any person so offending shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 11, Sec. 7]. Sec. 38. Penalty. — Any person being found guilty of any misdemeanor under any of the provisions of this ordinance, shall be punished by a fine of not less than one nor more than fifty dollars. [E. O. 1897, Chap. 11, Sec. 8]. Sec. 39. Building- inspector to inspect bill boards, issue per- mit for erection, etc. — It shall be the duty of the building inspec- tor to make frequent inspection of all the bill boards in the city, and to see that the same are kept in proper repair, and to issue permit for the erection of each bill board, said permit to state the dimensions of the bill board and where located. [G. 0. No. 724, Sec. 2]. Sec. 40. Prohibiting bill posters from going upon vacant property. — -Any person, firm, corporation or association which shall be engaged in the business of bill posting in the city of St. Joseph and who shall go upon, in or about any vacant property in this city, for the purpose of hanging advertising or other bills in the windows of said vacant property, without first having ob- tained the written permission of the owner or owners of said property so to do, shall be deemed guilty of a misdemeanor. [G. 0. No. 731, Sec. 1]. Sec. 41. Same — penalty. — The penalty for violation of the provisions of the foregoing section shall be a fine not to exceed the sum of one hundred dollars. [G. 0. No. 731, Sec. 2]. 238 REVISED ORDINANCES. CHAP. VI. CHAPTER VI. BOILERS— STEAM BOILERS— INSPECTION OF, ETC. Section 42. Inspector of steam boilers. 43. Board of eng-ineers. 44. Duties of boiler inspector. 45. Duties of board of engineers. Section 51. Inspector to make semi-annual report. 52. Salaries — bonds — compensation of board. ^ 46. Owner may appeal from inspec- ' 53. Penalty for inspector or deputy tor. for failing of duty. 47. Two engineers required — owner ! 54. What engineers, engines and must have permit. i boilers excepted. 48. Boilers to be tested once a year, penalties. 49. Owner must employ licensed engineer. 55. Bills to be audited. 56. Proceedings to obtain license. 57. Penalties. 58. Not applicable to private resi- 50. Certiiicate of inspection — returns | deuces. by inspector. i 59 Engineer to post up license. Sec. 42. Inspector of steam boilers. — The mayor shall ap- point by and with the consent of the common conncil, a boiler inspector, who shall be a ^^ractieal boiler maker, who has served his apprenticeship at the trade, and who has worked at the boiler making trade, within the year preceding his appointment ; said inspector shall be of good moral character, temperate habits and competent to test and inspect steam generators and all other ap- pliances under steam pressure ; said inspector shall not be inter- ested either directly or indirectly in the sale or manufacture of engines, boilers or any other appliances or apparatus used in connection with steam machinery ; said boiler inspector shall hold his office for a term of two years beginning with the third Monday in April after the annual election and until his successor is ap- pointed and qualified ; said boiler inspector is hereby authorized to appoint by and with the consent of the mayor, one deputy inspector, who shall possess the same qualifications as the boiler inspector and perform the same duties in case of temporary ab- sence from the city, sickness or other disability of the boiler in- spector, and shall serve without compensation, from the city, and shall [be subject to removal at the pleasure of said boiler inspec- tor. [G. O. No. 664, Sec. 1]. Sec. 43. Board of Engineers — The mayor shall designate and appoint by and with the consent of the common council, BOILERS. 239 two persons who shall be practical and mechanical engineers, having had at least five years experience in the city of St. Joseph next preceding their appointment, who in connection with the boiler inspector, shall constitute the board of engineers, whose terms of office shall be the same as that of the boiler inspector herein provided. [G. O. No. 664, Sec. 2]. Sec. 44. Duties of boiler inspector; to test boilers. — The boiler inspector shall devote his entire time and attention to the duties of his office, and also perform the duties of secretary of the board of engineers. He shall carefully inspect and test every stationary boiler and steam generating apparatus under pressure used for manufacturing, heating and mechanical pur- poses, as provided by this ordinance, including all attachments and connections, located within the city of St. Joseph, at least once annually, and shall visit each high pressure boiler in opera- tion within the city limits at least once every three months. He shall keep a complete and accurate record of the names of all owners or users of steam boilers, giving a full description of the boilers inspected by him, and the amount of pressure allowed, the date when last tested. He shall notify all owners or users of boilers of the time when a re-inspection and test will be made, at least ten days before the expiration of each certificate of in- spection, and appoint a day upon which he will make a re-inspec- tion. The manner of inspection shall be the hammer test and in addition thereto the boiler inspector shall apply the hydrostatic test whenever in his judgment it is necessary. If the hydrostatic test be used, each boiler shall be tested by hydraulic pressure not to exceed one-fourth greater than the ordinary working pres- sure used, and the certificate of inspection herein provided, shall state the maximum pressure at which any boiler may be worked. In case a defect shall be discovered in any boiler or attachment thereto, the boiler inspector shall report the same to the owner or user of said boiler or boilers, and state the facts of the case in writing, giving a description of the particular locality in which each defect may be found, and whether of a dangerous character and necessitating immediate repair. If the boiler inspector shall at any time find a boiler, which, in his judgment, is unsafe, after inspecting the same, he shall condemn its further use. All boilers to be tested by hydrostatic pressure shall be filled with water by the owners or users and they shall furnish the necessary labor re- 240 REVISED ORDINANCES. CHAP. VI. quired to work and handle the pumps in applying the test. When leaks occur which prevent a successful test, the boiler inspector shall make a second test, upon receiving notice that all leaks have been repaired. If, upon making a second test, the boiler or boilers are still defective, he shall, for each subsequent test, collect an additional inspection fee, but in no case shall he give a certificate until fully satisfied of the safety of the boiler or boilers. All certificates of inspection shall be for one year and no longer. [G. O. No. 664, Sec. 3]. Sec. 45. Duties of Board of Engineers — engineer's certifi- cate. — The boiler inspector and board of engineers shall, at the expense of the city, be provided with all needed blanks and stationery needful for their official duties. Said board shall pro- vide for regular sessions and the boiler inspector shall act as secretary and keep minutes of the proceedings. Said board shall convene for business twice in each month to examine into quali- fications of applicants for engineer's license. The boiler inspec- tor shall have power to call a special session of the board if deemed necessary. A majority of the members of said board shall con- stitue a quorum for the transaction of business. The secretary shall keep a register of the names of all the applicants, designate those found qualified and those not qualified. Said board shall grant licenses, charging therefor each applicant the sum of $10.00 for engineer's license, $3.00 to be deposited with the clerk of the board when application is made, each applicant to be allowed three trials. If he then fails to pass a satisfactory examination, the applicant shall then forfeit the money deposited with the clerk of the board, but if the applicant has the capacity, skill, experience and habits of sobriety, requisite to perform the duties of an engineer, and shall pass examination successfully, the board shall grant him a license for the term of one year, upon the pay- ment of an additional $7.00, and any person thus qualified shall not be refused a license. The fee for each renewal of engineer's license shall be $2.50. The regular meeting of the board of ex- aminers shall take place on the first and third Tuesdays of each month. Said board of engineers shall vise all engineers' licenses presented by the owner thereof, granted him by the United States laws, which shall have the same effect as licenses granted by the board, and the engineers whose licenses are vised BOILERS. 241 by the board shall be subject to the provisions of this ordinance. All licenses granted shall be signed by not less than two, and may be signed by all members of the board. Any person taking charge of a steam boiler or steam boilers, for heating purposes only, shall be examined by said board of engineers, and if found qualified, the said board shall grant him a certificate to that effect upon the payment of $5.00, said certificate to remain in force for one year from date of issue and may be reissued or renewed by the consent of the board of engineers upon the payment of a fee of $2.00. Said board of engineers may adopt such rules and regulations as they shall deem proper, not inconsistent with this ordinance and the general law. A full board of engineers, by a unanimous vote, shall have power to revoke an engineer's license for inebriety, dishonesty or neglect of his duties when in charge of an engine or boiler in use, and may order the re-inspection of any boiler whenever they shall deem it necessary for the public safety, but no license shall be permanently revoked for cause, without first giving the accused party an opportunity to be heard in his own defense. [G. 0. No. 664, Sec. 4]. Sec. 46. Owner may appeal from inspector. — Any owner or user of a steam boiler feeling aggrieved on account of any decis- ion of the boiler inspector, may appeal to the remaining members of the board of engineers, and upon a thorough and careful in- vestigation of the matter at issue between the parties, said mem- bers of said board shall decide the question; but in case said board fail to agree, then the mayor shall appoint some competent person who shall sit with the board, and the decision of said three persons, or a majority thereof, shall be final in all cases ; provided, that the boiler inspector shall not have a voice in any matter in M^hich there is an appeal from his decision. [G. 0. No. 664, Sec. 5]. Sec. 47. Two engineers required — owner must have permit. — In case the user or owner of any boiler shall, for any cause, be deprived of the services of a licensed engineer, he must notify the boiler inspector at once, whose duty it shall be to see that said owner or steam user is supplied with a competent person to perform the duties of engineer until a licensed engineer can be provided and he may procure an experienced and careful per- son in charge, for a time not exceeding six days. Where boilers 16 242 . REVISED ORDINANCES. CHAP. VI. are used and engineers run night and day, two licensed engineers must be employed and must stand watch alternately. Any person or persons intending to put a boiler or boilers into their estab- lishment or building, must apply to the boiler inspector for a per- mit before setting up any boiler ; and said boiler must be set sub- ject to the approval of the boiler inspector. | G. 0. No. 664, Sec. 6]. Sec. 48. Boilers to be tested once a year — penalties. — AH owners or users of any stationary boilers carrying a pressure of ten pounds or over per square inch, shall have the same inspected and tested as herein provided, before and while being used, and at least once a year thereafter; and for every neglect or refusal to have such inspection and test, they shall be deemed guilty of a misdemeanor. If owners or users of steam boilers, or engineers in charge of same, shall carry a greater pressure than is allowed in the certificate of inspection granted by the boiler inspector, they or either of them shall be deemed guilty of a misdemeanor, and in case of an engineer, his license shall be revoked ; or if such owners or users shall use any boiler which has been condemned as unsafe by the boiler inspector, they shall be deemed guilty of a misdemeanor. [G. O. No. 664, Sec. 7]. Sec. 49. Owner must employ licensed engineer. — Every owner or user of steam boiler or boilers, or steam generating ap- paratus of over five horse power, when the boilet or boilers are in use, must employ a competent engineer having a license from the board of engineers ; and every owner or user as aforesaid, who shall neglect or refuse to employ a licensed engineer as herein provided, shall be deemed guilty of a misdemeanor. And any person acting as engineer having in charge either engine or boilers, in use within the corporate limits of the city of St. Joseph, not holding a license as above provided and required, shall be deemed guilty of a misdemeanor. Any person taking charge of more than one steam boiler or steam generating ap- paratus, under pressure when not in one building, or on the prem- ises of one industry, shall be deemed guilty of a misdemeanor. Every licensed engineer shall devote at least eight hours out of every twenty-four to the duties of the plant where he is employed as engineer. [G. 0. No. 664, Sec. 8]. BOILERS. 243 Sec. 50. Certificate of inspection — returns by inspector.^ The auditor shall issue to the comptroller certificates of iuspection of steam boilers, regularly numbered and duly signed by each of said officers, in denominations proper to meet the requirements of this ordinance, but blank as to owner's or user's names, date, pressure, locality and number of boiler. The comptroller shall issue such certificates of inspection to the boiler inspector and charge them to him. The inspector shall collect from all owners and users of boilers the following inspection fees, and no more : For every high pressure boiler of a capacity above 45 square feet of heating surface, five dollars ($5.00) whether set single or in sets. Where sets of boilers are built one above another, only those immediately over the fire shall be counted. And for every low pressure boiler for heating purposes only, and high pressure boilers of a capacity not above 45 square feet of heating surface, two and one-half dollars ($2.50). The boiler inspector, upon re- ceipt of the money for the inspection fee shall promptly deliver to every owner or user of any boiler, certificates of inspection of the boilers inspected by him or his assistant. Every such certificate of inspection shall be filled up as herein provided, and signed by said boiler inspector. Said certificate of inspection shall be dis- played in some prominent place near where the boilers are used. The boiler inspector shall make monthly returns to the city comptroller of all moneys collected, giving the names of the steam users from whom collected, and shall pay the moneys collected into the city treasury once in each month. [G. O. No. 664, Sec. 9]. Sec. 51. Inspector to make semi-annual report. — The boiler inspector shall make a semi-annual report to the comptroller, reporting the full number of boilers in the city, the number in use, the number inspected, and the number condemned as unsafe. He shall report the date, name of the owner, and the locality of every boiler accident, whether it be from a rupture or collapse of flue, or explosion of the shell of the boiler, stating his belief as to the cause thereof. He shall further report the number and names of all applicants. for engineer's license, the number of re- jected and the number granted licenses. Such report shall be signed by the full board of engineers, and open to the inspection of all persons interested. [G. 0. No. 664, Sec. 10]. 244 REVISED ORDINANCES. CHAP. VI. Sec. 52. Salaries — bonds — compensation of board. — The boiler inspector shall receive a salary of one thousand dollars ($1,000.00) per annum, subject always to the further provisions of this ordinance, which shall be in full for all services rendered by him. He shall give bond to the city of St. Joseph in the penal sum of two thousand dollars ($2,000.00) with two or more securities, to be approved by the comptroller, conditioned for the faithful, skillful and impartial performance of the duties of his office, and that he will fully account for and pay into the city treasury all moneys received jby him, as herein provided. The deputy inspector appointed under this ordinance shall give bond in the penal sum of one thousand dollars ($1,000.00) with the same condition as required of the boiler inspector, and subject to the approval of the comptroller. The members of the board of engineers, except the boiler inspector, shall each receive one hundred dollars per year. They shall each give bond in like manner as the boiler inspector, with the same conditions, and in the same penal sum of five hundred dollars ($500.00), said bond to be approved by the comptroller. [G. 0. No. 664, Sec. 11]. Sec. 53. Penalty for inspector or deputy failing of duty.— If the boiler inspector or his deputy shall neglect or fail to dis- charge his or tbeir duty, by reason of inebriety, or by neglecting to perform the duties of inspector, or to pay over moneys received by inspection, as provided in this ordinance, or in any manner use their position for corrupt or dishonest purposes, he or they shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined in a sum not exceeding one hundred dollars ($100.00), and forfeit his or their office. [G. O. No. 664, Sec. 12]. Sec. 54. What engineers, engines and boilers excepted. — All engineers, engines and boilers of the fire department of St. Joseph, and all steam rollers, steam automobiles and portable boilers used on the streets of the city of St. Joseph, Mo., are sub- ject to the provisions of this ordinance, except that there shall be no fee charged for the inspection of boilers of fire engines, but all locomotive boilers used on railroads, and steam boilers sup- plied with water automatically, when used only for heating dwel- ling houses and not carrying a pressure of over ten pounds of steam per square inch, are exempt from the provisions of this ordinance. [G. O. No. 664, Sec, 13]. BOILERS. 245 Sec. 55. Bills to be aadited. — All expenditures for the in- spection of boilers shall be charged and paid as expenditures of the office of boiler inspector and board of engineers, and all bills before being paid shall be audited and approved, subject to the provisions of this ordinance and the laws governing cities of the second class. The salary herein provided to be paid to boiler inspector shall be paid out of the funds collected for the inspec- tion of boilers and for licenses issued to engineers as in this or- dinance provided, and in no case or event shall the city be liable for such salary or any part thereof except so far as the money paid into the city treasurery under this ordinance shall be sufficient to pay said salary herein provided to be paid. [G. 0. No. 664, Sec. 14]. Sec. 56. Proceedings to obtain license. — Every applicant for a license who fails to pass the examination of the board is required to wait two weeks before again making application for a license and the board shall then give him another examination ; any ap- plicant failing to pass the examination after the third trial, shall not be permitted to appear before said board for six months ; every engineer licensed by the board and every engineer whose license is vised by the board is required to notify the boiler in- spector when he accepts employment, and within three days thereafter, the name of his employer and the location of the boilers or boiler in his charge ; and every engineer who shall neglect or refuse to comply with this rule, shall be deemed guilty of a mis- demeanor. An application for a renewal of a license shall be made not later than the first regular meeting of the board next following the expiration of the license, and unless the above pro- vision is complied with, it shall be necessary for the applicant to be re-examined and to take out a new license and pay the regular fee as provided in section 45 of this ordinance. Any steam user failing to place or put in a conspicuous place in engine room or boiler house, the boiler inspector's certificate, shall be deemed guilty of a misdemeanor. [G. O. No. 664, Sec. 15]. Sec. 57. Penalties. — Any person who violates or fails to comply with any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in the sura of not less than five dollars ($5.00) nor 246 REVISED ORDINANCES. CHAP. VI. more than one hundred dollars ($100.00) for each offense. [G. O. No. 664, See. 16]. Sec. 58. Not applicable to private residences. — Nothing in this ordinance shall be construed as applicable to private resi- dences, except where several houses shall be constructed and used as flats or tenements and all heated by one steam plant. [G. 0. No. 664, Sec. 18]. Sec. 59. Engineer to post up license. — It shall be the duty of every engineer to have his license posted in a conspicuous place in his engine room where it can be seen by any one who wishes to see it and it shall be the duty of the board of engineers to revoke the license of any engineer who shall refuse to perform his duty, and any engineer having his license revoked shall not be granted a new license within three months after his license was revoked, and it shall be the duty of the boiler inspector to re- voke the license of any engineer for neglect of duty or inebriety at any time, and report of same must be made at their next regular meeting, and the boiler inspector shall have the power to enter any building or other premises where steam under pres- sure is'^being used and to arrest or cause to be arrested, any incompetent person or persons, found in charge of same. [G. 0. No. 664, See. 19]. ART. I. CORPORATE LIMITS. 247 CHAPTER VII. BOUNDARIES— MUNICIPAL BOUNDARIES. Article I Article I. Corporate limits — extension of. III. Subdivisions of wards. II. Ward boundaries. ARTICLE I. CORPORATE LIMITS— EXTENSION OF. Section 60. Corporate limits, extended and defined. Sec. 60. Corporate limits extended and defined. — The cor- porate limits of the city of St. Joseph, ]\lo., are hereby extended to the limits hereinafter defined and shall comprise all that sec- tion situated in the county of Buchanan and state of Missouri, and contained within the following boundaries, to wit: Begin- ning at a point in the middle of the main channel of the Mis- souri river, where the west line of section twenty (20) of town- ship fifty-seven (57) of range thirty-five (35) strikes the same, thence south along the west line of sections twenty (20) and twenty-nine (29) in said township and range to a point one hun- dred (100) feet west of the center line of the main track, as at present located, used and occupied by the Hannibal & St. Joseph Railroad Company, said distance being measured at right angles thereto, thence southwesterly parallel to said center line, through section thirty (30) and part of section thirty-one (31) of said township and range to the south line of the northwest quarter of said section thirty-one (31) ; thence east along the line passing through the center of sections thirty-one (31) and thirty-two (32) of said township and range to the center of said section thirty-two (32) ; thence north along the line passing through the center of sections thirty-two (32) and twenty-nine (29) of said township and range to the south line of section twenty (20) of said town- ship and range : thence east along the south line of sections twenty (20) and twenty-one (21) of said township and range to the southeast corner of said section twenty-one (21) ; thence north 248 REVISED ORDINANCES. CHAP VII. along the east line of sections twenty-one (21) and sixteen (16) of said township and range to the northeast corner of the south- east quarter of said section sixteen (16) : thence east along the center line of section fifteen (15) of said townshijj and range to the east line of said section ; thence north along the east line of said section fifteen (15) to the southeast corner of section ten (10) of said township and range; thence west along the south line of said section ten (10) to the southeast corner of the south- west quarter of said section; thence north along the center line of said section ten (10) to the center of said section; thence west along the center line of said section ten (10) to the southeast corner of the northeast quarter of section nine (9) of said town- ship and range ; thence north along the east line of sections nine (9) and four (4) of said township and range to the northeast corner of said section four (4) ; thence west along the north line of said section four (4) to the southeast corner of section thirty- two (32) of township fifty-eight (58) of range thirty-five (35) ; thence north along the east line of said section thirty-two (32) to the northeast corner of the southeast quarter of said section; thence Avest along the north line of the southeast quarter of said section thirty-two (32) to the center of said section: thence south along the west line of the southeast quarter of said section thirty- two (32) to the north line of section (5) of township fifty-seven (57) of range thirty -five (35) ; thence west along the north line of said section five (5) to the northwest corner of the east half of the northwest quarter of said section five (5) ; thence south along the west line of said east half of the northwest quarter of said section five (5) to the north line of the southwest quarter of said section five (5) ; thence west along the north line of said southwest quarter of said section (5) to the west line of said sec- tion (5) ; thence south along said west line to the northeast corner of section seven (7) of said township and range : thence west along the north line of said section seven (7) to a point where the west line of an alley lying and being between Elwood and Belmont streets intersects the said north line of section seven (7) ; thence south on the said west line of said alley to where the same strikes the Missouri river, thence down the middle of the main channel of the Missouri river to the i)lace of beginning, all being in town- ships fifty-seven (57) and fifty-eight (58) and rftnge thirty-five (35). [G. O. No. 635, Sec. 1]. ART. II. WARD BOUNDARIES. 249 ARTICLE II. WARD BOUNDARIES. Section 61. Boundaries of wards. Sec. 61. Boundaries of wards. — The territory embraced within the corporate limits of the city of St. Joseph shall be divided into nine wards, the boundary lines of which shall be as follows : First Ward. The First Ward shall embrace all the territory lying north of the center of Isabelle and Lincoln streets and west of the center of Tenth street, of the west line of the northwest quarter of sec- tion four (4), township fifty-seven (57), range thirty-five (35) and of the east line of the southeast quarter of section thirty-two (32), township fifty-eight (58), range thirty-five (35). Second Ward. The Second Ward shall embrace all the territory lying north of the center of Corby street, of the south line of Mount Mora cemetery grounds and of the center of Colhoun street, and east of the center line of Tenth street and of the west line of the northwest quarter of section four (4). Third Ward. The Third Ward shall embrace all the territory lying south of the center of Isabelle and Lincoln streets to the center of Felix street, and west of the center line of Tenth street. I Fourth Ward. The Fourth Ward shall embrace all the territory lying south of the center of Corby street, the south line of Mount Mora ceme- tery grounds and the center of Colhoun street, to the center of Felix street and a line produced eastward from Felix street, and east of the center of Tenth street. 250 REVISED ORDINANCES. CHAP. VII. Fifth Ward. The Fifth Ward shall embrace all the territory lying south of the center of Felix street to the center of Mitchell avenue, and west of the center of Fifteenth street. Sixth Ward. The Sixth Ward shall embrace the territory lying south of the center of Felix street, north of the center of Mitchell avenue and east of the center of Fifteenth street. Seventh Ward. The Seventh Ward shall embrace all the territory lying south of the center of Mitchell avenue to the south line of section 20 and west of the center of Twelfth street. Eighth Ward. The Eighth Ward shall embrace all the territory lying south of the center of Mitchell avenue and east of the center of Twelfth street. Ninth Ward. The Ninth Ward shall embrace all the territory lying south of the south line of section twenty (20) and west of the center line of section twenty-nine (29) and of the north half of section thirty-two (32). [G. 0. No. 641, Sec. 1]. ART. III. SUBDIVISION OF WARDS. 251 ARTICLE III. SUBDIVISION OF WARDS. Section 62. Precinct boundaries; location of polling places. Sec. 62. Precmct boundaries — polling places. — The several wards of the city are hereby subdivided into precincts for voting purposes to be designated by letters, and the locations of the polling places in each precinct are hereby designated, all as fol- lows: First Ward. Precinct A. Shall comprise all that portion of the ward lying north of the center line of section five (5), with voting place located at St. Joseph avenue and Madison street. Precinct B. Shall comprise all that portion of the ward lying south of the center line of section five (5), and west of Seventh street, Savannah avenue and Third street, with voting place lo- cated at Third and Market streets. Precinct C. Shall comprise all that portion of the ward lying south of the center line of section five (5), and east of Seventh street, Savannah avenue and Third street, with voting place lo- cated at St. Joseph avenue and Richardson street. Second Ward. Precinct A. Shall comprise all that portion of the ward lying west of Seventeenth street and of the west line of the east half of northwest quarter of section four (4), with voting place lo- cated at Thirteenth and Highly streets. Precinct B. Shall comprise all that portion of the ward lying east of Seventeenth street and of the west line of the east half of the northwest quarter of section four (4), with voting place located at Frederick avenue and Twenty-third street. 252 REVISED ORDINANCES. CHAP. VII. Third Ward. Precinct A. Shall comprise all that portion of the ward lying west of Fifth street from Isabelle street to Louis street, with voting place located at Second and Franklin streets. Precinct B. Shall comprise all that portion of the ward lying east of Fifth street and north of Louis, Hall and Church streets, with voting place located at Ninth and Ridenbaugh streets. Precinct C. Shall comprise all that portion of the ward lying west of Fifth street and south of Louis street, with voting place located at Third and Robidoux streets. Precinct D. Shall comprise all that portion of the ward lying south of Louis, Hall and Church streets, and east of Fifth street, wiht voting place located at Seventh and Robidoux streets. Fourth Ward. Precinct A. Shall comprise all that portion of the ward lying east of the center of Thirteenth street to Seventeenth street from southeast corner of Mount Mora cemetery to Frederick avenue and to Kemper street and Eighteenth street from Frederick ave- nue to Felix street, with voting place located at Sixteenth street and Buchanan avenue. Precinct B. Shall comprise all that portion of the ward lying east of Seventeenth street from Colhoun street to Frederick ave- nue and east of Kemper and Eighteenth streets from Frederick avenue to Felix street, with voting place located at Twenty-second and Faraon streets. Precinct C. Shall comprise all that portion of the ward lying west of Thirteenth street, with voting place located at Twelfth and Faraon streets. Fifth Ward. Precinct A. Shall comprise all that portion of the ward lying west of Ninth street and north of Messanie street, with voting place located at Fifth and Sylvanie streets. ART. III. SUBDIVISION OF WARDS. 253 Precinct B. Shall comprise all that portion of the ward lying east of Ninth street and north of Locust street, with voting place located at Tenth and Charles streets. Precinct C. Shall comprise all that portion of the ward lying west of Ninth street and south of Messanie street, with voting place located at Seventh and Patee streets. Precinct D. Shall comprise all that portion of the ward lying east of Ninth street and south of Locust street, with voting place located at Tenth and Olive streets. [G. 0. No. 641, Sec. 2]. Sixth Ward. Precinct A. Shall comprise all that portion of the ward lying west of Nineteenth street and north of Olive street, with voting place at Seventeenth and Messanie streets. Precinct B. Shall comprise all that portion of the ward lying east of Nineteenth street and north of Olive street and the Chicago, Burlington & Quincy Railroad right of way, with voting place located at Twenty-second and Messanie streets. Precinct C. Shall comprise all that portion of the ward lying south of Olive street and the Chicago, Burlington & Quincy Rail- road right of way and west of Twenty-fourth street, with voting place at Twentieth and Lafayette streets. Precinct D. Shall comprise all that portion of the ward lying south of Olive street and the Chicago, Burlington & Quincy Rail- road right of way and east of Twenty-fourth street, with voting place at Twenty-eighth and Lafayette streets. [G. O. No. 762, Sec. 2]. Seventh Ward. Precinct A. Shall comprise all that portion of the ward lying west of Eighth street and north of Scott street, with voting place at Sixth and Duncan streets. Precinct B. Shall comprise all that portion of the ward lying north of Scott street and east of Eighth street, with voting place at Tenth and Monteray streets. 254 REVISED ORDINANCES. CHAP. VII. Precinct C. Shall comprise all that portion of the ward lying west of the Hannibal Railroad, Atchison route and Eighth street and south of Scott street, with voting place at Sixth and Walnut streets. Precinct D. Shall comprise all that portion of the ward lying east of the Hannibal and St. Joseph Railroad, Atchison route and Eighth street and south of Scott street, with voting place at Tenth and Hickory streets. [G. 0. No. 763, Sec. 2] . Eighth Ward. Precinct A. Shall comprise all that portion of the ward lying north of Jackson street, with voting place located at Thir- teenth and Sacramento streets. Precinct B. Shall comprise all that portion of the ward lying south of Jackson street and north of Atchison street and a line produced eastward from Atchison street, with voting place located at Thirteenth and Pacific streets. Precinct C. Shall comprise all that portion of the ward lying south of Atchison street and a line produced eastward from Atchison street, with voting place located at Eighteenth (or State) and Commercial streets. Ninth Ward. Precinct A. Shall comprise all that portion of the ward lying north of the south line of the northwest quarter of section twenty-nine (29), with voting place located at what is known as Second and Buffalo streets. Precinct B. Shall comprise all that portion of the ward lying between the south line of the northwest quarter of section twenty-nine (29), and what is known as Texas avenue and Blake streets, with voting place located at what is known as Mis- souri avenue and Park avenue. Precinct C. Shall comprise all that portion of the ward lying south of what is known as Texas avenue and Blake street, with voting place located at what is known as Illinois avenue and and Lake avenue. [G. 0. No. 641, Sec. 2.] ART. I. BUILDINGS. 255 CHAPTER VIII. BUILDINGS. Article ' Article I. Buildings, survey and inspec- III. Unsafe buildings. tion of. IV. Construction of buildings. n. Permits by superintendent of "V. Removal of buildings, buildings. VI. Numbering of buildings. ARTICLE 1. BUILDINGS— SURVE ^ AND INSPECTION OF. Section , Section 63. Executive department for in- 67. Duties of superintendent. spection of buildings. i 68. Powers of superintendent. 64. Superintendent of buildings. 69. Records of executive depart- 65. Members of the department. ment. 66. Qualifications of superintendent. | Sec. 63. Executive department for inspection of build- ings. — ^There is hereby created in the city of St. Joseph an execu- tive department, to be known and designated as the department for the survey and inspection of buildings, which shall have charge of the enforcing of all ordinances in force or which may be hereafter passed, pertaining to the erection, construction, altera- tion, repair or removal of buildings, or the storage of combusti- bles, and the arrangement of heating appliances. Said depart- ment shall also perform the duties pertaining to the investiga- tions as to the cause and origin of fires, and such other duties as may be imposed upon it by ordinance. [R. 0. 1897, Chap. 15, Art. 1, Sec. 1] . Sec. 64. Superintendent of buildings. — The chief office of said department shall be called the superintendent of building. The mayor, by and with the consent of the common council, shall appoint some suitable person to fill such position, and he shall hold his office until removed for cause, in the manner provided by law for the removal of other appointive officers of the city. The superintendent of buildings shall receive a salary of twelve hun- dred dollars per year, payable monthly. [G. O. No. 605, Sec 2]. 256 REVISED ORDINANCES. CHAP. VIII. Sec. 65. Members of the department. — The city engineer, the chief of police and the chief engineer of the fire department shall be the other members of the department ex officio. [R. 0. 1897, Chap. 15, Art. 1, Sec. 3J. Sec. 66. Qualifications of superintendent. — The superin- tendent of buildings shall be an able and experienced architect, builder or mechanic, comi)etent to perform all the duties of the office to which he is appointed, and shall not, during his term of office, be employed or engaged in any other vocation, or be in- terested in any contract or contracts for building or for furnish- ing materials. [R. 0. 1897, Chap. 15, Art. 1, See. 4]. Sec. 67. Duties of superintendent. — It shall be the duty of the superintendent of buildings to issue all permits for the erec- tion of buildings or the making of repairs; to keep a record of all the transactions of said department ; to report all violations of this ordinance to the city attorney, that the offenders may be pros- ecuted ; to enter upon the premises wherein any fire has occurred, if necessary, in order to investigate the origin of such fire ; and, further, to perform such other duties as are herein required of him. He shall examine all buildings in the course of erection, altera- tion or repair, throughout the city, as often as practicable, and see that all the requirements of the ordinances in relation thereto are complied with. He shall inspect all public school buildings, public halls, churches and theaters, and all buildings used for manufacturing or commercial .purposes, hotels and lodging houses, at least once each j ear, for the purpose of determining the safety of such buildings, the facilities for egress in case of fire, the over- loading of floors, the storage of combustibles or other dangerous substances, and shall apply such remedies as he may be enpowered to apply. In the performance of his duties, the said superintend- ent shall have the right to enter any building or premises in the city of St. Joseph. [R. O. 1897, Chap. 15, Art 1, Sec. 5J. Sec. 68. Powers of. — The superintendent of buildings shall have full discretionary power of declaring to be public nuisances, all such buildings and structures, or parts or walls thereof, as are evidently or palpably unsafe and dangerous as to fire, or have be- come unsafe and dangerous from fire, decay or other cause, and ART. I. BUILDINGS. 257 institute such steps as may be necessary for the immediate abate- ment of any and all such nuisances. He shall have power to stop the construction of any building or the making of any repair, where the same is being done in violation of the ordinances of the city. [R. 0. 1897 Chap. 15, Art. 1, Sec. 6]. Sec. 69. Records of executive department. — The records of the department shall contain, besides a register of its transactions, a report of all violations of this chapter in the improper con- struction, alteration or repair of buildings, or in the unsafe con- dition of any building, either from improper construction or from other causes, with the location, names of owners, lessees, occu- pants, master mechanic, contractor and architect interested in the construction of such building or its occupancy, and in case of fires a record of the probable origin thereof. Such records shall be open for inspection and information to any official of this city. [R. 0. 1897, Chap. 15, Art. 1. See 7]. ir 258 REVISED ORDINANCES. CHAP. VIII. ARTICLE II. PERMITS BY SUPERINTENDENT OF BUILDINGS. Section , Section 70. Building permit to be issued, I 74. Penalty for continuing in street, when. etc. 71. Same; plans to be examined, ! 75. Permits to be issued on appli- etc. cation, when. 72. Additions, repairs, etc., subject 76. Record of permits to be kept. to, etc. 77. Superintendent's fees, how dis- 73. Street or sidewalk not to be oc- posed of. cupied, etc. j Sec. 70. Building permit to be issued. — No person or corporation shall erect a. building or structure of any kind, or add to, enlarge or extend any building or structure already erected, or which may hereafter be erected within this city, without first obtaining a permit from the superintendent of buildings. The application for such permit shall state the exact site to be oc- cupied, the material, dimensions and estimated cost of the pro- posed building or structure, and the probable time to be occupied in building. The superintendent of buildings shall thereupon, after an inspection of the premises, or without inspection, as he may see fit, if he approve the application, issue a building per- mit to the applicant, giving him permission to erect a building or structure at the place, and of the materials and dimensions men- tioned in the application, and authorizing the use and occupation of not more than one-half of the roadway, and all of the sidewalk in front of said premises, and limiting the time for which said permit shall continue. The superintendent of buildings may, if he sees fit, require that plans of the proposed erection, alteration or addition shall be submitted for inspection before issuing his permit. The gutter or water-way of any street, avenue or alley shall not, at any time, be obstructed by any building or other material so as to prevent the free passage of water in and along the same ; but the superintendent of buildings may, in proper cases, to be determined by him, authorize the removal of a part or the whole of the sidewalk in front of the premises where the building is to be done; provided, a good temporary plank side- walk shall be constructed over the gutter, not less than four feet ART. II. PERMITS. 259 wide, and be kept and maintained free and clear of obstructions, and to the satisfaction of the said superintendent of buildings. [R. 0. 1897, Chap. 15, Art. 2, Sec. 1]. Sec. 71. Same — plans to be examined. — -The superintendent of buildings shall not issue a permit for the erection of any build- ing to be used for public assemblies until he has carefully in- spected the plans and specifications thereof, and ascertained that the building has sufficient strength, and that the means of ingress and egress are sufficient ; and a copy of said specifications shall be deposited in the office of said superintendent. [R. 0. 1897, Chap. 15, Art. 2, Sec. 2] . Sec. 72. Additions or repairs, etc. — Any work of altera- tion or repair made or done for any purpose, in, to or upon any building or structure, except that of necessary repairs not affect- ing the construction of the external or party walls, chimneys or stairways of a building, shall, to the extent of such work of alter- ation, addition or repair, be subject to the regulations of this ordi- nance. [R. 0. 1897, Chap. 15, Art. 2, Sec. 3]. Sec. 73. Street or sidewalk not to be occupied with ma- terial. — No person, except merchants in the transaction of their daily business, shall deposit, place or leave any material, article, substance or thing on any street, alley, curb, gutter, sidewalk or public place of this city, without first obtaining a permit therefor from the superintendent of buildings. The said superintendent may, in his discretion, authorize the use of a portion of any street, alley, or sidewalk for a reasonable time and to such extent as he may deem necessary. [R. 0. 1897, Chap. 15, Art. 2, Sec. 4:] . Sec. 74. Penalty for continuing, etc. — A conviction under any provision of this ordinance, shall work a forfeiture of such permit, if the same shall have been issued, and the party convicted shall be subject to a fine of not less than ten dollars nor more than five hundred dollars for each and every day he shall con- tinue such building, or occupy any portion of a street, alley, gut- ter, curb, sidewalk or public place, or leave either unrepaired after such conviction. [R. 0. 1897, Chap. 15, Art. 2, Sec. 5] . 260 REVISED ORDINANCES. CHAP. VIII. Sec. 75. Permits to be issued on application, when. — Per- mits provided for iu this ordinance siiail ouly be issued upon the application of the o^vners or authorized agents of the owners of the property to be built upon. Every application shall contain an agreement to save the city harmless from all costs and dam- ages which may accrue by reason of such use or occupancy. [R. O. 1897, Chap. 15, Art. 2, Sec. 6]. Sec. 76. Record of permits, etc., to be kept. — The superin- tendent of buildings shall keep a record of all permits issued, which shall be regularly numbered in the order of their issue, and he shall also file and preserve in his office the applications upon which permits are issued. He shall also keep a record of the number, description and size of every building erected in the city during his term of office, of what materials constructed, with the aggregates of the number, kind and cost of all buildings. [R. 0. 1897, Chap. 15, Art. 2, Sec. 7]. Sec. 77. Superintendent's fees, how disposed of. — The applicant or applicants for such building permits sliall pay to the superintendent of buildings the sum of one dollar, if the estimated cost of said building or alteration thereof shall be less than one thousand dollars ; two dollars if the same shall be more than one thousand dollars or less than five thousand dollars, and for every additional one thousand dollars over five thousand dol- lars, the further sum of fifty cents. In all cases the fees allowed for issuing permits must be paid before the same are issued. All moneys received by the superintendent of buildings shall be paid by him into the city treasury at least once a month, at which time he shall make a statement of the amount so received, giving the date when, and the name of the person from whom received, and shall take triplicate receipts therefor, one to be filed with the comptroller, one with the auditor, and the other retained. [R. O. 1897, Chap. 15, Art. 2, Sec. 8]. ART. III. UNSAFE BUILDINGS. 261 ARTICLE III UNSAFE BUILDINGS. Section 78. Owner to be notified of condition of building. 79. Must be lemoved or protected. 80. Proceedings to condemn build- ing. Section 81. Owner to be reported for keep- ing a nuisance. 82. Penalty for violating this article, 83. Duty of superintendent as to dangerous buildings. Sec. 78. Owner to be notified of condition of build- ing. — If any buikliiig or part of a building, staging or other struc- ture, or anything attached to or connected with any building or other structure, in the city of St. Joseph, shall, by reason of its construction or use, or from fire, decay, or other cause, be re- ported dangerous or unsafe, so as to endanger life or limb, it shall be the duty of the superintendent of buildings to inspect such structure, and, if in his opinion the same be dangerous, he shall immediately notify the owner, agent, occupant or other party having an interest in said structure to cause the same to be made safe and secure, or removed, as may be necessary. [R. 0. 1897, Chap. 15, Art. 3, See. 1] . Skc. 79. Must be removed or protected. — The person or persons so notified shall be allowed until twelve o'clock, noon, of the day following the service of such notice, in which to commence the securing or removal of the same ; and he or they shall employ sufficient labor to remove or secure the same as expeditiously as can be done ; provided, however, that in cases where the public safety requires immediate action, the superintendent of buildings may enter upon the premises, with such vorkmen and assistants as may be necessary, and cause the said unsafe structure to be shored up, taken down or otherwise secured without delay, and a proper fence or boarding to be put up for the protection of pass- ers-by. [R. 0. 1897, Chap. 15, Art. 3, Sec. 2] . Sec. 80. Proceedings to condemn buildings. — If the owner, agent, occupant or other party interested in said unsafe structure, having been notified, shall refuse or neglect to comply with the 262 KEVISED ORDINANCES CHAP. VIII. requirements of said notice, as provided by the last preceding' section, within the time therein limited, then a careful survey of the premises named in said notice shall be made at once by three disinterested persons, one to be appointed by the superitendent of buildings, one by the owner, occupant or other interested party, and the third chosen by these two ; and the report of such survey shall be reduced to writing, and a copy served upon the owner, occupant or other interested party, and if said owner, occupant or other interested party refuse or neglect to appoint a member of said board of survey when thereunto required, then the survey and report shall be made by the city engineer and the chief engi- neer of the fire department, and in case of disagreement they shall choose a third person. [R. 0. 1897, Chap. 15, Art. 3, Sec. 3]. Sec. 81. Owner to be reported for keeping a nuisance. — Whenever the report of any such survey had, as aforesaid, shall declare the structure to be unsafe or dangerous to life or limb, the superintendent of buildings shall, upon the continued refusal or neglect of the owner, occupant or other interested party, report such owner, occupant or other interested party to the city attor- ney for immediate prosecution for keeping and maintaining a nuisance. [R. 0. 1897, Chap. 15, Art. 3, See. 4] . Sec. 82. Penalty for violating, etc. — Any person who shall permit any building of which he is the owner or agent to remain in an unsafe or dangerous condition, after notice from the su- perintendent of buildings, as hereinbefore provided, shall, for every day he shall so permit the same to remain in such condition, be guilty of a misdemeanor, and foi-feit and pay to the city of St. Joseph a sum which shall not exceed one hundred dollars, to be recovered in the police court of said city, and he may also be punished in addition thereto by imprisonment in the city prison or workhouse for a term not exceeding three months. Upon such trial and conviction the judgment in addition to the punishment hereinbefore provided for shall be that the structure complained of shall be abated as a nuisance, and that the same shall be by the chief of police either taken down or properly secured, and a writ shall issue upon such judgment directed to the chief of police of said city of St. Joseph, directing him forthwith to proceed to abate, take down or otherwise secure siTch structure so as to make it safe and secure. All expenses incurred in the execution of such ART. III. UNSAFE BUILDINGS. 263 writ of abatement of any nuisance on any private property within the city of St. Joseph shall be by said chief of police duly item- ized, stated and returned with said writ of abatement to the city engineer, who shall thereupon assess the same as a special tax against the lot or lots, or parcels of ground upon which such nuis- ance was located, describing the property and the owner thereof, and shall issue a special tax bill therefor against such property in the same manner and with the same effect as special tax bills are issued for paving. [R. 0. 1897, Chap. 15, Art. 3, Sec. 5]. Sec. 83. Duty of superintendent as to dangerous build- ings. — If any building in the city of St. Joseph shall appear, upon examination by the superintendent of buildings, to be es- pecially dangerous to life and limb by reason of insufficient thick- ness of walls, overloaded floors, defective construction or other causes, such building shall be held and taken to be dangerous within the meaning of and subject to all of the provisions of this ordinance ; and the superintendent of buildings, besides proceed- ing as hereinbefore provided, may affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building. Any person or persons removing such no- tice so affixed shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty dollars nor more than five hundred dollars for each and every offense. [R. O. 1897, Chap. 15, Art. 3, Sec. 6]. 264 REVISED ORDINANCES. CHAP. VIII. ARTICLE IV. CONSTRUCTION OF BUILDINGS. Section 84. Wall, 85. 86. 87. 90. 91. 92. 93. 94. 95. structure and building, etc. Foundation to be of masonry. AValls to be anchored. Buildings outside of fire limits. Walls within the fire limits, how constructed. Roofs to be of tin or slate. Chimneys and flues, how built. Buildings to be of incombusti- ble materials. Walls to be protected, how. Wooden buildings authorized by superintendent. Frame buildings; basement walls. Suijerintendent to inspect buildings being erected. Section 96. Height of stories on given thickness of walls. Thickness of walls for business buildings. Existing party walls may be used. when. The term "business buildings" defined. The term "wholesale stores" defined. The basement story" defined. The height of buildings taken from what point. Red light at obstruction; pass- way. 104. Penalty. 97. 98. 99. 100. 101. 102. 103. Sec. 84. Wall, structure and building, etc. — No wall, structure, building, part or parts thereof shall hereafter be built, constructed, altered or repaired, except in conformity with the provisions of this ordinance. [R. 0. 1897, Chap. 15, Art. 4, Sec. 1]. Sec. 85. Foundations to be of masonry. — Proper founda- tions of masonry shall be prepared for the support of buildings. Business buildings fronting streets having sewers shall have their foundations sunk at least twelve inches below the drainage, and no foundation shall be less than three feet below the exposed surface of the ground. The breadths of foundation of the sev- eral parts of any bviilding shall be proportioned so that the pres- sure shall, as nearly as practicable, be equal on each square of the foundation. [R. 0. 1897, Chap. 15, Art. 4, Sec. 2] . Sec. 86. Walls to be anchored. — In brick walls every sev- enth course shall be headers. Walls shall be securely anchored at the top of each story. All floor-beams, joists and headers shall be kept at least two inches clear of any wall enclosing a flre flue or chimney breast. [R. O. 1897, Chap. 15, Art. 4, Sec. 3]. ART. IV. COxNISTRUCTION OF BUILDINGS. ^ 265 Sec. 87. Buildings outside of fire limits.— All buildings erected outside of the fire limits shall be constructed of materials suitable for the purpose and in a safe and workmanlike manner. [R. 0. 1897, Chap. 15, Art. 4, Sec. 4]. Sec. 88. Walls within the fire limits, how constructed.— No building or structure of any kind or description ex- cept as hereinafter provided, shall be erected or con- structed within the fire limits, unless both the outside and party walls thereof shall be composed of brick, stone, iron or other incombustible material; and all buildings which shall or may hereafter be erected or constructed within said fire limits, shall have outside walls of not less than thirteen inches in thickness ; and if any building shall be more than two stories in height above the basement the outside walls of the basement shall not be less than eighteen inches in thick- ness; the outside walls of the first story shall not be less than thirteen inches in thickness, and the walls of the stories above shall not be less than thirteen inches in thickness ; provided, that buildings erected and used as dwellings only may be constructed with walls four and one-half inches less in thickness than is hereby above specified ; and, provided further, that any building, cottage or barn one story in height may be built with walls not less than nine inches thick. [R. 0. 1897, Chap. 15, Art. 4, Sec. 5]. Sec. 89. Roofs to be of tin or slate. — All roofs of buildings erected or constructed for business purposes within the fire limits shall be of tin, slate or some other non-combustible material. [R. O. 1897, Chap. 15, Art. 4, Sec. 6]. Sec. 90. Chimneys and flues, how built. — All chimneys shall be built of brick, stone or fireproof, non-conducting material. All brick flues shall be smoothly plastered inside with mortar, from top to bottom, and all flues shall be not less than nine inches square on the inside. Brick flues not starting from the foundation walls shall be securely built into the brickwork of the walls to which they are hung. In no case shall chimneys rest upon any flooring without a footing of masonry or iron, supported by iron beams having a secure bearing on masonry or iron at either end. All flues shall be topped out at least three and one-half feet above the 266 REVISED ORDINANCES. CHAP. VIII. building to which they belong. [K. 0. 1897, Chap. 15. Art. 4, Sec. 7]. Sec. 91. Buildings to be of incombustible material. — In any buildings more than two stories in height hereafter to be erected as a tenement house or lodging house, in which the lower part is intended to be used for business or manufacturing purposes of any kind, the hall partitions from the cellar to the second floor shall be built of brick or stone, or other incombustible material. [R. O. 1897, Chap. 15, Art. 4, Sec. 8]. Sec. 92. Walls to be protected. — All walls of buildings here- after to be erected on the line of lots between different owners not extending down below the curb level upon the streets where said buildings are erected to a depth of nine feet to the bottom of foot- ings for business houses shall be underpinned, sustained and pro- tected at the entire charge and cost of the owner or owners thereof; provided, however, that it shall be the duty of the ;i.d- joining oAvner or owners wishing to sink their cellars or walls to a greater depth than those adjoining, to give timely written notice to the owner or owners of prior erected buildings of their inten- tion to do so, and shall also permit the occupancy of their ground to so protect and underpin the said walls, building or buildings ; but in all cases where the former walls have been down the depth as above specified, and then in that case parties building upon the adjoining lots and excavating their cellars to a greater depth than above named, shall at their own cost and expense use all proper care to underpin, sustain and protect the former erected walls or buildings. [R. 0. 1897, Chap. 15, Art. 4, Sec. 9] . Sec. 93. Wooden buildings, etc., authorized by superintend- ent. — No frame or wooden building, shed, exterior stairway, stoop, balcony, piazza, platform or other structure in whole or in part of wood, inside the fire limits, shall be erected, except the same be open on one or more sides, and the same be authorized by the su- perintendent of buildings, under his certificate, to bo fii'st obtained therefor. [R. 0. 1897, Chap. 15, Art. 4, Sec. 10]. Sec. 94. Frame building -basement walls. — Any frame building may be raised foi- the i)nrpose of constructing a base- ment story under such building. The principal floor of such ART. IV. CONSTRUCTION OF BUILDINGS. 267 building shall not be elevated more than eight feet above the grade of the sidewalk. The walls enclosing basement shall be of brick or stonework ; if of brick, if the superstructure is only one story high, the walls shall not be less than nine inches thick; if two stories high, the walls shall be thirteen inches thick. If the building to be raised is a church or other hall or assembly room, the thickness of the basement walls shall be proportioned to its length and other conditions, to be approved by the superintendent of buildings. [R. O. 1897, Chap. 15, Art. 4, Sec. 11] . Sec. 95. Superintendent to inspect buildings being erected. — It shall be the duty of the superintendent of buildings to visit and inspect each any any building or buildings which may be in the course of erection, construction or alteration within the limits of the city, and to see that such house or houses, or build- ing or buildings are being erected or altered according to the pro- visions of this ordinance. His visits and inspections shall be re- peated from time to time during the erection, construction or al- teration of such house or houses, building or buildings, until the same is enclosed, when his duties shall terminate. [R. 0. 1897, Chap. 15, Art. 4, See. 12]. Sec. 96. Height of stories on given thickness of walls. — The height of stories for all given thickness of walls niiist not exceed eleven feet in the clear for basement, eighteen feet in the clear for the first story, fifteen feet in the clear for the second story, thirteen feet in the clear for the third story, twelve feet in the clear for the fourth story and fourteen feet in the clear average height of upper story. If any story exceeds these height respect- ively, the walls of such story and of all the stories below the same shall be increased four inches in thickness additional to the thick- ness already mentioned. [R. 0. 1897, Chap. 15. Art. 4, Sec. 13]. Sec. 97. Thickness of walls for business buildings. — In ac- cordence with the foregoing provisions all walls or business build- ings shall be of the thickness desiornated in the following table: 268 REVISED ORDINANCES. CHAP. VIII. ENCLOSING WALLS. One story high Two stories high Three stories high Four stories high Five stories high Six stories high Seven stories high DIVISION WALLS IN BUSINESS BUILDING. Three story buildings Four story buildings.. Five story buildings Six story buildings Seven story buildings FRONT AND REAR WALLS. Four story buildings Five story buildings Six story buildings Seven story buildings PARTITION WALLS IN BUSINESS BUILDING. For one story .... For two stories. . . For three stories. For four stories . . For five stories. . . For six stories . . . For seven stories. 13 18 18 26 30 30 30 18 22^ 26 26 30 22i 22i 30 30 13 18 18 22J 26 30 30 9 13 18 22^ 26 26 26 13 18 22^ 22^ 26 18 22h 26 26 9 13 13 18 22J 26 26 13 13 18 22i 22^ 26 13 18 18 22.^, 22i 18 18 22i 26 2« -c u 13 18 18 18 22i 13 13 18 18 22h 13 18 18 22 i >> o . --a ^^ O 13 13 18 18 221 13 13 18 18 26 I 22i 13 18 18 18 13 13 18 18 13 13 18 22i 13 13 18 03^ -5P 13 13 13 13 13 13 18 13 13 22*1 18 13 18 c c 13 13 13 13 [R. 0. 1897, Chap. 15, Art. 4, Sec. 14] . Sec. 98. Existing party wall may be used. — Any party wall now existing that shall have been bnilt conformable to the require- ments of any law regulating the construction of such walls, and in force at the time of such construction, if sound and in good condition, may be used in the construction of any adjoining building; provided, however, that no brick work shall be placed on such wall to give additional height to the wall, unless the thick- ness of such additional wall and the thickness of the old wall in each story shall at least equal the thickness required for division walls of same height for business buildings as re(iuired for divis- ion walls. This section shall apply in all eases where it is de- sired to add additional height to any business building. In case of outside walls of any business building being built against the ART. IV. CONSTRUCTION OF BUILDINGS. 269 wall of any old building (not being a party wall), the new wall shall be of the same thickness as required for outside walls in such building. [R. O. 1897, Chap. 15, Art. 4, Sec. 15] . Sec. 99. The term "business building" defined. — The term "business building" shall embrace all buildings used principally for business purposes, thus including, among others, hotels, thea- ters and office buildings. [R. 0. 1897, Chap. 15, Art. -i, Sec. 16]. Sec. 100. The term "wholesale stores" defined. — The terms "wholesale stores" or "storehouses" shall embrace all buildings used (or intended to be used), exclusively for purposes of mercan- tile business or storage of goods. [R. 0. 1897, Chap. 15, Art. 4, Sec. 17]. Sec. 101. The "basement story" defined. — A basement story of any building is defined as a story whose floor is twelve inches or more below the sidewalk, and whose height does not exceed twelve feet in the clear; all such stories that exceed twelve feet high shall be considered as first stories. [R. O. 1897, Chap. 15, Art. 4, Sec. 18]. Sec. 102. The height of buildings taken from what point. — The height of all buildings for the purposes of this ordinance shall be taken from the grade of sidewalk to a point half way from the lowest to highest point of roof. [R. 0. 1897, Chap. 15, Art. 4, Sec. 19]. Sec. 103. Hed light at obstruction — passway. — Any person having the use of any portion of the street or sidewalk for the purpose of erecting or repairing any building, or for any other purpose, shall cause a red light to be placed in a conspicuous place in front of such obstruction from sunset until sunrise each night during the time such obstruction remains. A sidewalk or passage- way at least four feet wide shall be kept in front of any new building, as far as is practicable, making allowance for the proper handling of any material to be used in or about such building. [R. 0. 1897, Chap. 15, Art. 4, Sec. 20] . Sec. 104. Penalty. — Any person who shall violate any of the provisions of this ordinance, where no other penalty is provided, shall be subject to a fine of not less than ten dollars nor exceeding one hundred dollars for each and every offense. [R. O. 1897, Chap. 15, Art. 4, Sec. 21]. 270 REVISED ORDINANCES. CHAP. VIII. ARTICLE V REMOVAL OF BUILDINGS. Section 105. House mover, license for. 106. To give bond. Section 11)7. Permit required; by whom is- sued. Sec. 105. House mover, — No person except a licensed house mover sliall remove any building within the limits of the city of St. Joseph without a license therefor from said city, and every such person shall annually, before engaging in such bus- iness or occupation, obtain a license therefor from said city, and the charge for such license shall be ten dollars per year. [R. 0. 1897, Chap. 15, Art. 5, Sec. 1]. Sec. 106. To give bond. — Every person applying for a license as a house mover shall, at the time such license is issued, enter into bond vath the city of St. Joseph in the sum of five hundred dol- lars, with two or more good and sufficient securities, residents of said city, conditioned that the licensee will save and indemnify, and keep harmless the city of St. Joseph from all liabilities, judgments, damages, costs and expenses which may in anywise accrue against said city in consequence of the granting of such license, and the exercise of said calling or business; said bond to be approved by the city comptroller and filed with the city auditor. [R. 0. 1897, Chap. 15, Art. 5, See. 2] . Sec. 107. Permits Required — by whom issued, — It shall be the duty of the superintendent of buildings to issue a permit for each building removed to such licensed house mover, on applica- tion, to use the streets, avenues and alleys of said city, for the purpose of removing such building; said permit to be issued on the express condition that said streets, avenues and alleys shall not be obstructed more than is absolutely necessary in the prose- cution of said work, and that all damages done to public or private property by said licensee will be paid by him as provided in his bond, and the charge for such permit shall be one dollar. [R. 0. 1897, Chap. 15, Art. 5, Sec. 31 . (For penalty for violating this Ai'tiele see Sec. 662, Chap. XXVII, entitled "licenses.") ART. VI. NUMBERING OF BUILDINGS. 271 ARTICLE VI. NUMBERING OF BUILDINGS. Section 108. Superintendent of buildings to give house numbers. 109. Plan for numbering buildings. Section 110. Property owner to street numbers. 111. Penalty. maintain Sec. 108. Duty of superintendent to give house numbers. — It is hereby made the duty of the superintendent of build- ings, upon application from any person within the city limits, to give the correct number for any house or building located on any lot, the exact location of which is given. Said officer shall use due care and diligence in the giving of said numbers, but shall not be held responsible for any errors which may occur. [R. 0. 1897, Chap. 15, Art. 6, Sec. 1]. Sec. 109. Plan for numbering buildings. — Felix street is the dividing line east and west, and the numbers are called north or south from that street, depending on the location of the building, whether north or south of that street. First street, commonly known as Main street, is the dividing line north and south, and the numbers are called east or west from that street, depending on whether the building is east or west from that street. All buildings fronting on the east side of streets running north and south have odd numbers, and all buildings on the west side of such streets have even numbers. All buildings on the north side of streets running east and west have odd numbers, and all buildings on the south side of such streets have even num- bers. Each twenty feet, beginning at the corner of Felix, and any street running north and south, is entitled to a number if the lots are divisible by twenty; if divisible by twenty-five, each twenty- five feet is entitled to a number. 272 REVISED ORDINANCES. CHAP. VIII. There can be no number less than one hundred, and in start- ing from Felix street either north or south, on the west side of the streets running north and south, the first twenty feet fronting on the west side of such streets must have the number one hun- dred and two ; the next twenty feet one hundred and f oui' ; the next one hundred and six, and so on north and south from Felix. The same plan must be carried out on the east side of such streets, except that the first twenty feet must have the number one hundred and one, the next one hundred and three, and so on north and south from Felix through the first block north or south of Felix street. The second block, either north or south from Felix street, on the west side, must begin with two hundred and two for the first twenty feet, two hundred and four for the second twenty feet, and son on; on the east side with two hundred and one for the first twenty feet, two hundred and three for the second twenty feet, and so on, increasing one hundred at the beginning of each block on to the city limits. The same general plan must be carried out on buildings east or west from Felix street, the north and south dividing line. [R. O. 1897, Chap. 15, Art. 6, Sec. 2] . Sioc. 110. Property owners to maintain street numbers. — It is hereby made the duty of each property owner in the city of St. Joseph to place and maintain on each and every building owned by him, the street number of such building in plain, legible numerals, so that the same shall be legible from the street or sidewalk abutting such building. [G. 0. No. 632, Sec. 3]. Sec. 111. Penalty. — Every person failing to place and main- tain on any building owned by him, the number of such building as provided in the preceding section, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding ten dollars. [G. 0. No. 632, Sec. 4]. CHIMNEY SWEEP. 273 CHAPTER IX CHIMNEY SWEEP. Section 112. Office created. 113. Appointment; term; bond. 114. Duties; compensation. Section 115. Defective flue to be repaired. 116. Ciiimneys to be cleaned. 117. Chimney sweep to liave license. Siic. 112. Office of chimney sweep created. — There is hereby created tlie office of chimuey sweep. [R. O. 1897, Chap. 16, Sec. 1]. Sec. 113. Appointment — term of office — bond. — At the first stated session of the common council every two years, it shall be the iduty of the maj^or to appoint, by and with the advice and consent of the common council, some suitable person to fill the office of chimney sweep, who shall hold his office for the term of two years, and until his successor is appointed and qualified. Said chimney sweep shall, before entering upon his duties as such officer, execute a bond to the city of St. Joseph, with surety to be approved by the comptroller, in the penal sum of one hundred dollars, conditioned for the faithful performance of his duties as prescribed in this ordinance, or as may hereafter be defined by ordinance. [R. O. 1897, Chap. 16, Sec. 2]. Sec. 114. Duties — Compensation. — It shall be the duty of the chimney sweep to sweep and clean in a faithful manner, once in each year, all chimneys within the limits of the city which have been in use at least six months prior to the date of such cleaning, and he shall be allowed to his own use for said cleaning and removing from the premises the soot, dirt or other matter taken out of said chimneys the following rates, to be paid by the owner of the building, viz : For cleaning each chimney as aforesaid, in a one-story house, the sum of twenty-five cents; for cleaning each chimney, as aforesaid, in a two-story house, the sum of fifty cents ; for cleaning each chimney, as aforesaid, in a three- story house, the sum of seventy-five cents ; for cleaning each chimney, as aforesaid, in a four-story house, the sum of one dollar, and twenty-five cents for each additional story. [R. 0. 1897, Chap. 16, Sec. 3]. 18 274 REVISED ORDINANCES. CHAP. IX. Sec. 115. Defective flues to be repaired. — -It shall be the duty of the chimney Bweep, wherever he shall have knowledge of a defective flue in any building in this city, to report the same, without delay to the superintendent of buildings; and the said superintendent of buildings is hereby authorized and required to notify, in writing, the owner of such building of the existence of such flue, and to have the same repaired or remedied without delay ; and if such owner fail or neglect to repair or remedy such defect within twenty-four hours after receiving such notice, he shall be liable to a fine of not less than twenty dollars nor more than one hundred dollars, and to a like fine for each and every day the same shall remain unrepaired. [R. 0. 1897, Chap. 16, Sec. 4]. Sec. 116. Chimneys to be cleaned. — It is hereby made the duty of the owner or occupant of any building within the limits of the city, to have the chimneys and flues of any such building swept, cleaned and the soot, dirt and other matter taken out of said chimneys and flues, and removed from the premises by the chimney sweep at least once in each year ; any owner or occupant of a building who shall refuse or fail to have the chimneys and flues of such building cleaned by the chimney sweep, as required of him in section one hundred and fifteen of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than five dollars nor more than ten dollars. [R. 0. 1897, Chap. 16, Sec. 5] . Sec. 117. Chimney sweep to have license. — No person shall carry on the business of chimnej' sweep without first taking out and having a license therefor. The charge for such license shall be fifty dollars per annum, and no license shall be issued for a less time than one year. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished with a fine of not less than fifty dollars and not more than one hundred dollars. \G. 0. No. 618, Sec. 1]. ART. I. COMMON COUNCIL. 275 CHAPTER X. COMMON COUNCIL. Articlk I. Common council. Article II. Committees of common council. ARTICLE I. COMMON COUNCIL. Section 122. Matters to be referred to com- mittees. Report may be deferred. 123. Vote, liow to be rescinded. Section 118. Resignation of alderman. 119. Chief of police to attend coun- cil meetings. 120. Alderman may be fined for ab- sence. 121. Attachment may be Issued for absent member. Sec. 118. Resignation of alderman. — The resignation of any member shall be addressed to the presiding officer of the common council. [R. O. 1897, Chap. 19, Sec. 1]. Sec. 119. Chief of police to attend council meetings. — The chief of police shall attend the sessions of the common council, and execute all orders of the council to him directed. [R. 0, 1897, Chap. 19, Sec. 2]. Sec. 120. Alderman may be fined for absence. — Any alder- man absenting himself from any meeting of the board without reasonable excuse, shall be liable to a fine of not less than one dollar nor more than five dollars, to be imposed by the council. . Sickness or absence from the city shall be a valid excuse. [R. 0. 1897, Chap. 19, Sec. 3]. Sec. 121. Attachment may be issued for absent member. — At the request of any member of the Common Council, the presi- dent shall issue an attachment to compel the attendance of any member of the council, which may be executed by any policeman. [R. 0. 1897, Chap. 19, Sec. 4]. 276 REVISED ORDINANCES. CHAP. X. Si:o. 122. Matters to be referred to committees — report may- be deferred. — All ordinances, petitions and communications to the common council shall, unless by consent, be referred to appro- priate committees, and only acted on by the council on the report of the committee having the same in charge ; any report of a committee of the council may be deferred to the next session of the same, whether it be an adjourned, special or regular session, by request of any two members of the council present. [R. 0. 1897, Chap. 19, Sec. 5]. Sec. 123. Vote — how to be rescinded. — No vote of the com- mon council shall be reconsidered or rescinded at a special meet- ing, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. [E. 0. 1897, Chap. 19, See. 61 ART. II. COMMITTEES. 277 ARTICLE II. COMMITTEES OF COMMON COUNCIL. Section 124. Standing committees. 125. Judiciary committee. 126. Duty of committee on ordi- nances. 127. Legislation. Section 128. Street lighting. 129. City engineer made an ex- officio member of streets and alleys committee. Sec. 124. Standing committees. — At the annual meeting of the common council in each year, or as soon thereafter as pos- sible, it shall be the duty of the president of the council to ap- point the following standing committees, subject to the approval of the council, which shall consist of three members each : Committee on rules. Committee on finance. Committee on auditing. Committee on public iniiirovements. Committee on ordinances. Committee on fire department. Committee on water and gas. Committee on woikhouse. Committee on public buildings grounds. Committee on streets and alleys. Committee on claims. [R. 0. 1897, Chap. 18, Sec. 1]. and Sec 125. Judiciary committee. — There shall be a committee on judiciary, composed of the mayor, the city counselor, the presi- dent of the council, the city comptroller and the alderman who is chairman of the finance committee, which shall have control of all legal matters. [R. 0. 1897, Chap. 18, Sec. 2]. Sec. 126. Duty of committee on ordinances. — The said com- mittee on ordinances shall examine all ordinances and other sub- jects referred to them by the common council, report such altera- tions and amendments as they may deem necessary together with amendments, alterations and corrections in regard to the exist- ing ordinances of the city. [R. 0. 1897, Chap. 18, Sec. 3]. Sec 127. Legislation. — There is hereby created a regular standing committee to be known and designated as the committee on legislation. Said committee shall consist of three members of the common council ; one of which shall be the president of 278 REVISED ORDINANCES. CHAP. X. the council; two members who shall be appointed by the presi- dent, and the mayor, counselor, comptroller, city clerk, auditor, assessor, treasurer and city engineer, ex officio members, who shall be appointed at the same time as other standing committees are appointed. Said committee shall examine and consider all mat- ters of legislation which may be referred to it by the common council, and shall consider, prepare and present to the council from time to time such amendments to the charter of the city as the members thereof may consider expedient. [G. 0. No. 599, Sec. 4]. Sec. 128. Street lighting. — There is hereby created a stand- ing committee to be known as committee on street lighting. Said committee shall consist of three members of the council and be appointed as other committees are appointed. [R. 0. 1897, Chap. 18, Sec. 5]. Sec. 129. Engineer made ex officio member of streets and alleys committee. — The city engineer is hereby made an ex officio member of the streets and alleys committee of the common coun- cil. [G. 0. No. 734, Sec. 1]. CONDEMNATION. 279 CHAPTER XI. CONDEMNATION OF PRIVATE PROPERTY, ETC. Section Section 130. City engineer to furnish plat. 133. Tax bills, how collected 131. Duties of clerk after action of court. 132. Tax bills to be recorded, etc. 134. Suits to be begun, when. 135. Compensation of commissioners. Sec. 130. City engineer to furnish plat. — Whenever the common council shall provide by ordinance for establishing, open- ing, widening or altering any street, avenue, alley, market place or public square, or route for a sewer, or to condemn private property for other or different public uses than those already specified in this section, and it is necessary to take private prop- erty for the same, the city engineer shall, upon request of the city counselor, furnish all necessary plats, showing the property affected by the proposed improvement, and the metes and bounds and the names of the owners thereof. [R. 0. 1897, Chap. 21, Sec. 1]. Sec. 131. City clerk shall make out certificate of awards.— After final action is taken by the circuit court on the report of the commissioners in any street or alley opening proceeding, and said report has been duly received and recorded by the city clerk in his office, and the common council have made an appropriation for the payment out of the city treasury of the damages awarded, and value of property taken, it shall be the duty of the city clerk to make out certificates of awards, in accordance with the report of the commissioners for the damages awarded, and he shall also issue special tax bills in accordance with said report against all parties and pieces and parcels of property charged with benefits, in which shall be included costs pro rata as ad- judged by the court, if any have accrued since said report was filed. [R. 0. 1897, Chap. 21, Sec. 2] . Sec. 132. Tax bills to be recorded and delivered to treas- urer. — The city clerk shall deliver said special tax bills to the city engineer, taking triplicate receipts therefor, one to be filed with 280 REVISED ORDINANCES. CHAP. XI. the auditor, one with the comptroller and the third to be filed in his own office. The city engineer, upon receipt of such tax bills, shall proceed forthwith to record the same in a book to be provided for that purpose, showing the name of the present owner as given in or upon each bill, the property assessed and the date and amount of the bill. As soon as said tax bills are recorded, and within five days from the date of their receipt by him, the city engineer shall deliver said tax bills to the city treasurer, taking triplicate receipts therefor, one to be filed with the auditor, one with the comptroller and the third retained. [G. 0. No. 708, Sec. 2]. Sec. 133. Tax bills — how collected. — -The city treasurer shall, upon receipt of such tax bills, forthwith send by mail, to each of the parties interested by name, a written or printed notice that said special tax bills are in his hands for collection, and will remain there for a period of thirty days from the date of their receipt by him, naming such date. [R. 0. 1897, Chap. 21, Sec. 4]. Sec. 134. Suits to be begun, when. — Upon the expiration of the thirty days provided in the last section, all bills unpaid shall be delivered by the city treasurer to the city counselor, who shall thereupon proceed to collect the same by suits instituted in the name of the city of St. Joseph for that purpose. [H. 0. 1897, Chap. 21, Sec. 5]. Sec. 135. Compensation of commissioners. — A¥henever the common council shall pi-ovide by ordinance for establishing, open- ing, Avidening or altering any street, avenue, alley, market place or public square or route for a sewer, and it becomes necessary for that purpose to institute condemnation proceedings as pro- vided by law, the compensation to be allowed each commissioner for his services in assessing damages and benefits therein shall be three dollai-s ($3.00) per day for each day actually spent in discharging his duties as such commissioner and no further sums shall be allowed for such services. \Q. 0. No. 832, Sec. 1]. ART. I. DOGS. 281 CHAPTER XII DOGS AND OTHER ANIMALS. Article I. Dogs. II. Dog enumerator and ex-officio public impounder, Article III. Impounding live stock. ARTICLE I. DOGS. Section 136. Dog- to be registered and wear collai-. 137. Fee for registering — clerk to furnish tag. 138. Clerk to keep record, etc. 139. Dog must wear collar with tag. 140. No person shall lemove collar. 141. No vicioup dog or other animal to be kept. Section 142. Dogs to be muzzled, when. Barking dog must not be kept. Female dog must not be at large when in heat. Country dog excepted. Harboring dog, what is. 143. 144. 145. 146. Sec. 136. Dog to be registered and wear collar. — It shall be the duty of every person owning, keeping or harboring in this city any dog or bitch more than six months old to register the same with the city clerk, and to put and to keep on the neck of such dog or bitch a collar of leather or metal, to which shall be attached the tag received from the city clerk, or cause such dog to be humanely killed or permanently removed from within the city limits, or have enumerator humanely kill or dispose of such dog. [G. O. No. 702, Sec. 9]. Sec. 137. Fee for registering — clerk to furnish tag. — To en- able the owner or keeper of any dog or bitch to have the same registered, such owner or keeper shall pay into the city treasury for each dog one dollar, and for each bitch two dollars, taking the treasurer's receipt therefor, and upon the presentation of such receipt the city clerk, together with a clerk's fee of twenty- five cents, said clerk shall deliver to the owner or keeper of such dog or bitch a certificate in writing, stating that such person has 282 REVISED ORDINANCES. CHAP. XII. registered said dog or bitch, and the number by which it is reg- istered, and shall also give to such person a metal check or tag, upon which shall be stamped or engraved the year issued, the words "St. Joseph, Mo," and a number corresponding with the number of the certificate of registration, which check or tag shall be attached to the collar worn by the dog licensed. On the first day of every month the city clerk shall certify to the city auditor the number of dogs and bitches registered, and said auditor shall immediately charge the city treasurer with the amount received by such treasurer for such licenses. [G. 0. No. 749, Sec. 2] . Sec. 138. Clerk to keep a record, etc. — Such certificate of registry shall entitle such person to keep said dog or bitch until the first day of June then next following, but no longer ; and said clerk shall keep a record, giving the name of the owner or keeper of such dog or bitch, and the number of the certificate of registry, together with a general description of such dog or bitch. [G. 0. No. 749, Sec. 3]. Sec. 139. Dog must wear collar with tag. — No owner or keeper of any dog or bitch shall allow or permit any such dog or bitch |to be at any place in this city, at any time, without a collar having attached thereto the check or tag hereinbefore required; nor shall any owner or keeper of any dog or bitch permit or allow such dog or bitch to wear any other check or tag than the identical one issued by the city clerk for such dog or bitch. In case of loss, a duplicate check or tag shall be issued by the city clerk, at the expense of the person making application therefor. [G. O. No. 749, Sec. 4] . Sec. 140. No person shall remove the collar. — No person shall remove or cause to be removed the collar, check or tag from any registered dog or bitch without the consent of the owner or keeper thereof. [R. 0. 1897, Chap. 24, Sec. 5]. Sec. 141. No vicious dog or other animal to be kept. — No person shall own, keep or harbor in this city any dog, bitch, wolf, fox or other domestic or wild animal which is vicious or dangerous. [G. O. No. 740, Sec. 1]. Sec. 142. Dogs to be muzzled, when. — It shall be the duty of the mayor, whenever in his opinion the danger to the public ART. I. DOGS. 283 safety from rabid dogs is great and imminent, to publish his proclamation ordering rfnd requiring all persons owning, keeping or harboring any dog or bitch to muzzle the same, or to confine the same for not less than thirty days nor more than ninety days from the date of such proclamation, by good and sufficient means, to the house, stable, outhouse or yard wherein such person may reside ; and upon the issuing of such proclamation by the mayor it shall be the duty of all persons owning, keeping or harboring any dog or bitch, during the time specified in such proclamation, to confine the same by good and sufficient means, within the yard, house, stable or outhouse, or have the same properly and securely muz- zled. It is hereby made the duty of the police to kill any dog found rimning at large without being properly muzzled as re- quired by any proclamation of the mayor, issued under this ordi- nance. [R. 0. 1897, Chap. 24, Sec. 7]. Sec. 143. Barking dog must not be kept. — No person shall own, keep or harbor any dog or bitch which by loud and frequent or habitual barking, howling or yelling shall annoy or disturb any neighborhood. [R. 0. 1897, Chap. 24, Sec. 8]. Sec. 144. Female must not be at large when in heat.— No owner, keeper or person harboring any bitch shall permit or suffer her to run at large within this city while she is in heat, whether she have the collar and check or tag on her or not ; and every such bitch found running at large is hereby deemed and declared to be a nuisance. [R. 0. 1897, Chap. 24, Sec. 9] . Sec. 145. Country dog excepted. — The provisions of this chapter shall not apply to any dog or bitch which may follow any countryman coming into or passing through the city which shall remain near to its master, owner or keeper, or his wagon, animals or other effects. [R. 0. 1897, Chap. 24, Sec. 12] . Sec. 146. Harboring dog, what is. — Any person who shall allow any dog or bitch to habitually remain or be lodged or fed within his house, store, yard, enclosure or place shall be deemed and considered as keeping and harboring the same within the meaning of this ordinance. [R. O. 1897, Chap. 24, Sec. 16]. 284 REVISED ORDINANCES. CHAP. XII. ARTICLE II. DOG ENUMERATOR AND EX-OFFICIO PUBLIC IMPOUNDER. Section Section 147. • Appointment of dog enumerator 152. Penalty for acting as assistant and public impounder. without commission. 148. Shall give bond. 153. Enumerator — fees and salary. 149. Duties of dog enumerator. 150. Penalty for failure to procure license. 151. Assistant. 154. Duties of police department. 155. Enumerator ex-officio public impounder. 156. Fees discountinued. Sec. 147. Appointment of the dog enumerator and public impounder. — -There is hereby created the office of dog enumerator and ex-officio public impounder, and it shall be the duty of the dog enumerator to enforce all ordinances regulating or in any manner relating to dogs. He shall be appointed by the mayor, to be confirmed by the common council at the first regular meeting after the passage of this ordinance, and at the beginning of each succeeding fiscal year thereafter. He shall, unless sooner re- moved, hold his office for the fiscal year during which he is ap- pointed, and until his successor is appointed and qualified. [G. 0. No. 702, Sec. 1]. Sec. 148. Shall give bond. — Before entering upon his duties the dog enumerator shall give bond to the city, with good and sufficient securities, to be approved by the city comptroller, in the sum of $2,500.00, conditioned upon the faithful performance of his official duties, and that he will properly account to the city comp- troller of the city of St. Joseph for all moneys received by him in his official capacity. [G. 0. No. 702, Sec. 2]. Sec. 149. Duties of the dog enumerator.— The dog enumera- tor shall make an enumeration at the beginning of each fiscal year of all dogs in St. Joseph, and shall keep a legible record of the same, which shall be open at all limes to the inspection of any per- son. He shall serve notice on the owner or owners, keeper or keepers, harborer or harborers, of any such dog or dogs to pro- cure a license for the same as provided in the ordinances of St. Joseph. [G. 0. No. 702, Sec. 3]. ART. II DOG ENUMERATOR. 285 Sec. 150. Penalty. — Any person failing to procure a license as provided for in section 14 546 Mary 7.40 546 Patee 5.00i 546 Oak 8.OO1 546 Cedar 6.50> 546. .. .Atchison 5.00 Fourth Street. 546 North line of St. Joseph Extension ad- dition 146.00 546.... First alley north of Highland avenue ....140.00 546 Highland avenue .... 128 . 00 388 REVISED ORDINANCES. CHAP. XIX. Fourth Street — Cont'd. G. O. No. Feet 546 Alley between Dol- man street and High- land avenue 133 . 00 546 Dolman 140.00 546 120 ft. north of the north line of St. Paul. 138. 00 546 North line of St. Paul. 130. 00 546 South line of St. Paul.129.00 546 120 ft. north of Wash- ington avenue 120 . 00 546 Albemarle 46.00 546 Rosine 42 . 00 546 Half way between Rosine and Isabelle. . 38.00 546 Isabelle 3C.00 546. . . .Half way between Isa- belle and Auguste.... 35.00 546 Auguste 36.00 546 Poulin 38.00 546 Franklin 40 . 00 546 Michel 42.00 546 Louis 56.00 546 Antoine 78.00 546 Isidore 94.00 546 Robidoux 97.00 546 Faraon 92.00 546 Jules 78.00 546 Francis 61 . 00 546 Felix 40.00 546 Edmond 30.00 546 Charles 24.00 546 Sylvanie 19.00 546 Angelique 15.50 546 Messanie 12.00 546 Locust 11.50 546 Mary 10.30 546 Patee 9.50 546 Olive 7.50 546 Lafayette 8.50 546 Seneca 10.00 546 Mitchell avenue 11.00 546 Renick 12.00 546 Sacramento 12 . 75 54G 150 ft. south of Sacra- mento 13.00 54C Monterey 8.50 5-46 Duncan 7.00 G. O. No. Feet 546. .. .Doniphan avenue .... 7.75 546 Jackson 8.50 681 Scott 8.00 681 Maple 7.00 681 Sycamore 8 . 25 681 Hickory 9.25 681 Walnut 8.00 681 Oak 6.75 681 Cedar 5.50 546 Atchison 7.00 Fifth Street. 04 6 North line of St. Joseph Extension ad- dition 124.00 546.... First alley north of Highland avenue 121.00 546 Highland avenue ....110.00 546 Albemarle 42.00 546 120 ft. north of Isa- belle 38.00 546 Isabelle 43.00 546 Auguste 63.00 546 Poulin 88.00 546.... Half way between Poulin and Franklin. . 100 . 50 546 Franklin 88.00 546 Michel 72.00 546 Louis 90.00 546 Antoine 128.00 546. . . .Half way between An- toine and Isidore. .. .141.50 546 Isidore 139.00 546 Robidoux 127 . 00 546 Faraon 106 . 50 54b Jules 85.00 546 Francis 63.00 546 Felix 48.00 546 Edmond 36.00 546 Charles 28.00 h46 Sylvanie 23.00 546 Angelique 18.00 540 Messanie 15.00 546 Mitchell avenue 15.00 546 500 ft. south of south line of Mitchell ave- nue 13.50 ART. II. GRADES. 389 Fifth Street— Cont'd. G. O. No. Feet 750 Monterey 11.50 750 Duncan 11 . 00 750. . . .Doniphan avenue .... 10.50 750 Jackson 10.00 750 Scott 10.50 750 Maple 11.00 750 Sycamore 12 . 00 750 Hickory 12.50 750 Walnut 13.00 750 Oak 12.50 750 Cedar 13.00 Bartlett Street. 546 Monterey 9.00 546 Duncan 8.50 540. .. .Doniphan avenue .... 9.00 546 .Jackson 8.50 546 Scott 8.00 546 Pacific 7.50 546 Maple 8.00 546 Sycamore 9 . 50 546.... Hickory 10.75 546 Walnut 11.50 546 Oak 12.50 546 Cedar 12.00 634. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 5IG. 546. 546. 546. Sixth Street. .Moss street (in Har- din Place) produced west 105.00 . Albemarle 42 . 00 .Isabelle 53.00 .Auguste 64.00 .Poulin 87.50 .Franklin 111.00 .Michel 114.00 .Hall 120.00 .Louis 120.00 .Antoine 130.00 .Isidore 116.00 .Robidoux 102.00 .Faraon 88.00 ..Tules 76.50 -Francis 68.00 . Felix 58 . 00 .Edmond 44.00 .Charles 31.50 .Sylvanie 26.50 G. O. No. Feet 546 .... Angelique 22 . 00 546. . . .Messanie 18.50 546. .. .Locust 16.00 546 Mary 15.00 546 Patee 13.50 546 Olive 12 . 00 546 Lafayette 10 . 00 546 Seneca 11.00 546 350 ft. north of Mitch- ell avenue 14 . 25 546 Mitchell avenue 14 . 25 546 400 feet south of Mitchell avenue 14 . 25 546 175 ft. north of Mon- terey street, east .... 12 . 40 546 Monterey, west 12.00 546 Duncan 11.50 546. .. .Doniphan avenue .... 10.60 546 Jackson 10.25 546 Scott 9.50 546 Pacific 9.00 546 Maple 9.80 546 Sycamore 11 . 00 546 Hickory 12.25 54G Walnut 13.75 546 Oak 15.50 546 Cedar 15.00 546 Atchison 14.00 703 1360 ft. south of north line of Cedar 18.00 7i>3 2106 ft. south of north line of Cedar 45.10 703 2145 ft. south of north line of Cedar 45.35 703 2445 ft. south of north line of Cedar 45.35 703. .. .Intersection of west line of Sixth street with King Hill avenue 42 . 00 Grape Street. 546 Broadway 204.00 546. . . .Alley between Madi- son and Broadway. . .212.00 546 Madison 195 . 00 546 Monroe 162 . 00 54o .... Concord avenue 138 . 00 546. .. .Hamburg avenue 140.00 546 Shady avenue 124.00 390 REVISED ORDINANCES. CHAP. XIX. Diana Street. G. O. No. Feet 546 Broadway 200.00 546 Madison 1G5 . 00 546 Monroe 135.00 546. .. .Concord avenue 110.00 546 .... Hamburg avenue .... Iu6 . 00 546.... Alley between Shady avenue and Hamburg avenue 108.00 546 Shady avenue 102.00 Seventh Street. 800 Van Brunt avenue. .. 103.00 800 McDonald street 121.00 800 Peach Tree avenue. .125.00 80u....At alley between Peach Tree avenue and Shady avenue. . .100.00 546.... North line of Hardin Place addition 92.00 546.... Moss street or north line of St. Joseph Ex- tension addition .... 80.00 634.... Moss street (in Har- din Place) 86.00 546. .. .Richardson 62.00 546.... Half way between Richardson and Pen- dleton 80.00 546 Pendleton 83 . 00 546. . . .Alley between Pendle- ton and Albemarle... 81.00 546 Albemarle 87.00 546 Lincoln 92.00 o46 Powell 94.00 546.... Alley between Corby and Powell 90.00 546 Corby 92.50 546 Hall 148.00 546 550 ft. north of the north line of Robi- doux 127.00 546 Robidoux, east 94.00 546 Rol)idoux, west 93.00 546 Faraon 90.00 546 .Jules 93.00 546 Francis 77 . 50 546 Felix 58.00 G. O. No. Feet 546 Edmond 43.00 546 Charles 36 . 00 546 Sylvanie 28 . 00 546. . . .Angelique 24.00 546. . . .Messanie 21.00 546 Locust 16.00 546 Mary 14.50 546 Patee 13.00 546 Olive 11.00 Catawba Street. 546 Broadway 164 . 00 546. . . .Madison i:!^.0() 546 Monroe 105 . 00 546. . . .Concord avenue 85.00 546. .. .Hamburg avenue ... 80.00 546 Shady avenue 76.00 Eighth Street. 546 .Jefferson 63.00 546 Woodson 70 . 00 546 Richardson 82.00 546 Pendleton 100 . 00 653 . . . . E. curb line Albe- marle 112.40 546 Albemarle Ill . 00 653 W. curb line, Albe- marle 109.00 622 Lincoln 114 . 00 546 Hall 158.00 546.... Alley between Hau and Robidoux 127 . 50 546 164 ft. north of north line of Robidoux ...104.00 546 Robidoux 98 . 00 546 Faraon 110.00 546 Jules 89.00 546 Francis 66.00 546 Felix 48.00 546. .. .Frederick avenue .... 48.00 546 Edmond 50.50 546 Charles 53.50 546 Sylvanie 43.00 546 Angelique 32.00 546 Messanie 23.00 546 Locust 18.00 546 Mary 15.00 ART. II. GRADES. 391 G. O 54G. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 791. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546, 546. 546. 546. 546. Eighth Street — Cont'd. , No. Feet . . .Patee 13.00 . . .Olive 14.00 . . . Lafayette 16 . 00 . . .Seneca 17.00 . ..Penn 18.00 . . .Mitchell avenue 19.00 . . .Renick 22.50 . . . Sacramento 19 . 00 . . .Monterey l(j.50 . . . Duncan 15.00 ...Doniphan avenue ... 14.00 . . . Jackson 13.25 ...Scott 12.50 ...Pacific 12.00 . . . Sycamore 13 . 00 . . .Hickory 14.00 . . .Atchison 22.00 Ninth Street. . . .Albemarle 135.00 ...Lincoln 137.00 ...Powell 150.00 ...Corby 151.00 . . . Ridenbaugh 155 . 00 ...Hall 143.00 ...Church 131.50 . . . Northwest corner Snyder tract 114.00 . . .160 ft. north of Robi- doux 106.40 . ..Robidoux 115.00 . . .Faraon 98.00 ...Jules 70.00 . . .Alley between Jules and Francis 60.50 . . .Francis 56.00 ...Frederick avenue ... 56.00 ...Felix 59.00 . ..Edmond 74.00 ...120 ft. north of the nortn line of Charles. 82.00 ...Charles 85.00 . . .Sylvanie 71.00 . . . Angelique 55 . 50 . . .150 ft. north of the north line of Messanie 43.00 . . .Messanie 37.00 G. O. No. Feet 546 116 ft. south of the south line of Messanie 3z.50 546 Locust 26.00 546 Mary 20.75 546 Patee 18.00 546 Olive 15.50 546 Lafayette 16.50 54G Seneca 18.00 546 Penn 19.00 546 Mitchell avenue 21.00 546 Renick 24.00 546 .... Sacramento 21 . 00 546 Monterey 18.50 546 Duncan 17.50 546. .. .Doniphan avenue ... 16.00 546 Jackson 14.50 546 Scott 13.50 546 Pacific 13.00 546 Sycamore 14 . 00 546 Hickory 15.00 791 Atchison 23.50 Spruce Street. 546 Broadway 12s. 00 546 Madison 103.00 546 Monroe 81 . 00 Dearborn Street. 546 Broadway 94.00 546 Madison 78.00 Tenth Street. 546 Highland avenue 60.00 546 Douglas 56.00 546.... Grand avenue 52.00 793 Jefferson 88.00 793.... North line of Wood- son street, west 108.00 793 ... . South line of Wood- son street, east 112.00 793 Richardson street center line 132.00 793 Pendleton 149 . 00 546 ... . Albemarle 1 66 . 00 546 Lincoln 170 . 00 546 Powell 162.00 392 REVISED ORDINANCES. CHAP. XIX. G. O. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 54G. 546. 546. 546. 546 546 546 546 546 546 546 546 791 79i 791 Tenth Street — Cont'd. No. Feet ..Corby 148.00 . . Ridenbaugh 135 . 00 , . . Opposite center of Henry 124.00 . ..Cnurch 127.00 ...Isidore 130.00 ...250 ft. north of the north line of Robi- doux 128.00 ...140 ft. north of the north line of Robi- doux 123.00 . ..Robidoux 109.00 . . .Faraon 83.00 ...Jules 65.00 ...Frederick avenue ... 64.00 ...Francis 62.50 ...Felix 81.00 ...Edmond 102.00 ...Charles 113.00 . . . Sylvanie 99 . 00 . . .Angelique 83.00 . . .Messanie 63.00 ...Locust 43.00 ...Patee 30.00 .. .Olive 25.00 . . .Lafayette 22.00 ...Seneca 20.00 Penn 22.00 ...Mitchell avenue 24.00 Renick 26.00 . . . . Sacramento 24 . 50 ....Monterey 21.50 Duncan 10.50 ....Doniphan avenue ... 17.50 . . . . Jackson Ifi . 50 Scott 18.00 Pacific 19.50 Sycamore 1 8 . 00 Hickory 21.00 250 ft. north of Atchi- son 26.00 . .450 ft. north of Atchi- son 27.00 . .Atchison at center line of Tenth 25.00 Clark Street. G. O. No. Feet 546 Broadway 76 . 00 Eleventh Street. 546 Highland avenue 93.00 546 Douglas 71 . 00 546 Grand avenue 55 . 00 546 200 ft. south of Grand avenue 57 . 00 546 600 ft. south of Grand avenue 70.00 54G. . . .Highly (section line) .120.00 .546 Lincoln 137.00 546 Half way between Lincoln and Powell. .146.00 546 Powell 153.00 546 Corby 144.00 546 Ridenbaugh 153 . 00 546 Henry 156.00 546 Church 159 . 00 546. . . .Alley between Church and Isidore 158.00 546 Isidore 143.30 546. . . .Faraon and Frederick avenue 80 . 00 546 .Jules 68.00 546 Francis 73 . 50 546.... Felix 128.00 546. . . .Edmond 153.00 546. . . .Half way between Ed- mond and Charles. . .154.00 546 Charles 150.00 546 Sylvanie 131.00 546 Angelique 125.00 546 Messanie 97.00 546 .... T>ocust 77 . 50 546 Patee 57 00 546 Olive 47.50 546 Lafayette 36 . 00 546 Seneca 28.00 546.... Penn 24.00 546 Mitchell avenue 26.60 546.... Renick 28.00 546 Sacramento 26 . 00 546. .. .Monterey 23.25 546 Dnncnn 22.00 546. .. .Doniphan avenue ... 20 50 ART. II. GRADES. 393 Eleventh Street — Cont'd. G. O. No. Feet 546 Jackson 19.00 54C Scott 21.00 546 Pacific 23.50 546 Sycamore 28.50 546 Hickory 27.50 546 2600 ft. north of Atchi- son 26.50 546 2000 ft. north of Atchi- son 28.50 546 1350 ft. north of Atchi- son 26.50 546 1000 ft. north of Atchi- son 28.50 546 500 ft. north of Atchi- son 32.00 546 Atchison 28 . 50 Vine Street. 546 Locust 102 . 00 546 Patee 91.00 546 Olive 68.50 546 Lafayette 56.00 546 Seneca 48.00 Twelfth Street. 546 Alley north of High- land avenue 125.00 5*6 .... Highland avenue ... .112 . 00 546 Douglas 85.00 546.... Alley north of Grand avenue 72.00 546.... Grand avenue 65.00 546 Boyd 63.00 546 300 ft. south of Boyd. . 66 . 00 546 .... Opposite center line of Holman 80.00 540. .. .Opposite center line of Beattie 106.00 546 Highly 134.00 546 Lincoln 169.00 546.... Alley between Lin- coln and Powell 171.00 546 Powell 168.00 546 Corby 161.00 546 Ridenbaugh 177.00 546.... Alley between Riden- baugh and Henry 178.00 546 Henry 169 . 00 G. O. No. Feet 546 Church 146.00 546 Isidore 122.00 546 300 ft. north of the north line of Fred- erick avenue 123 . 00 546. .. .Frederick avenue ... 93.00 546 Faraon 76 . 00 546 75 ft. south of the south line of Faraon. 72.00 546.... Half way between Faraon and Jules 73.00 546 Jules 74.20 546.... Half way between Jules and Francis... 76.00 546 Francis 81 . 50 546 Felix 100.00 546 Edmtod 126.00 546 Charles 151.00 546 Sylvanie 162 . 00 546 Angelique 168 . 00 546. . . .Half way between An- gelique and Messanie.160.00 546 Messanie 139.00 546 Olive 87.00 546 Lafayette 79.00 546 Seneca 63.00 546 Penn 47.00 546 100 ft. south of Penn. . 42 . 50 546 Mitchell avenue 33.00 546 Renick 29 . 00 546 Sacramento 30 . 00 546 Monterey 28.70 546 Duncan 27 . 35 540 ... . Doniphan avenue 26.00 546 Jackson 27 . 35 546 Scott 28.70 546 Pacific 30.00 546 Sycamore 36 . 00 546 Hickory 42.00 546 South line of South St. Joseph addition. . . 50.50 546. .. .Opposite south line lot 9, block 1, Lee and Hardman's addition.. 57.00 546 50 ft. south of south line of Zimmerman's addition 65.00 546 Atchison 42.00 394 REVISED ORDINANCES. CHAP. XIX. G. O. 755. 755. 755. 755. 54G. 546. 54G. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. .6u0. 546. 546. 546.. 546. , 546.. 546.. 540.. 546. . 546. 546. 783. 546. 546. 546. 783. 546. Thirteenth Street. No. Feet . . . Moss street 166 . 00 . . . Highland avenue .... 150 . 00 ...Douglas 108.00 . . .At alley norih of Grand avenue 89.00 . . . Grand avenue 76 . 00 , ..Boyd 72.00 . . .320 ft. south of Boyd. 67.00 . .Opposite Holman .... 96.00 . .Beattie 130.00 ..Highly 154.00 . .Lincoln 175.00 ..Alley between Lin- coln and Powell 177.00 ..Powell 174.00 ..Corby 171.00 . .Ridenbaugh 175.00 . .Henry (north side) . ..161.00 . .Henry 163.50 ..Henry (south side) . ..160.00 . .North line of Church.. 137. 00 . .South line of Church. .134. 00 . .175 ft. north of Fred- erick avenue 113.00 ..Frederick avenue ...100.00 ..Buchanan avenue .... 78.00 . . Faraon 80 . 00 . .Jules 96.00 . .Francis 102.00 . .Felix 107.00 . .Edmond 117.75 . .Half way between Ed- mond and Charles. . .122.50 ..Charles 132.50 . .Sylvanie 160.00 . .Messanie, at center line Thirteenth and on south line of Mes- sanie 153.00 ..600 ft. north of the center of Patee 162.00 . .200 feet north of cen- ter of Patee 158.00 ..Patee 141.00 . . 243 ft. north of north line of Olive 136.00 ..Olive 107.00 G. O. No. Feet 546 Lafayette 105 . 00 546 Seneca 85.00 546 Penn 51.00 546 Mitchell avenue 35.50 546 Renick 36 . 00 546. .. .Sacramento 32.50 546 Monterey 32 . 00 546 Duncan 36.00 546. .. .Doniphan avenue ... 34.00 546 Jackson 36 . 00 546 Scott 34.00 546 Pacific 36.00 546. . . .Half way between Pa- cific and Sycamore... 44.00 546 Sycamore 47 . 00 546 Hickory 70.00 Fourteenth Street. .At a point 50 ft. south of north line of Ave- nue addition 135 . 00 .At a point 300 ft. north of north line of Frederick avenue ...133.00 .Felix 131.00 .Charles 136.00 .Messanie 152.00 .160 ft. south of Mes- sanie 156.00 .Locust 147.00 .260 ft. north of north line of Patee 138.50 .Patee 125.00 .Olive 122.00 .Lafayette 108.00 .Seneca 88.00 .Penn 53.00 .Mitchell avenue 37.00 .Sacramento 35.00 .Pacific 62.00 . Sycamore 56 . 00 .Hickory 88.00 .Walnut 128.00 .Oak 120.00 .Cedar 80.00 .Atchison 57.00 841. 841. 546. .j46. 546. 546. 614. 6i4. 546. 546. 546 . .'')46. 546. 546. 546. 546. 636. 577. 645. r.45. 645. 645. ART. II. GRADES. 395 G. O. No. Feet Poplar Street. 546 Duncan 105.00 Mt. Mora Road. 546. . . .Entrance to cemetery.134 . 50 546 600 ft. north of Fred- erick avenue 127 . 50 546. .. .Frederick avenue ... 99.00 Fifteenth Street. 546 Grand avenue 90 . 00 546 Boyd 78.00 546 185 ft. north of Hol- man 72.00 546 Holman 82.50 546 Beattie 122.00 546 Highly 146.00 546 Section line 180 ft. north of Faraon 92.00 546 Faraon 98.00 546 Jules 131.00 546 Francis 152 . 00 546 Felix 163.00 546 Edmond 166.00 546 Charles 163.00 546 Sylvanie 165.00 546. . . .Half way between Syl- vanie and Angelique. .16G.0O 546 Angelique 159.00 546 Messanie 137.00 546 Locust 138.50 546 120 feet south nt Lo- cust 135.00 546 Patee 108.00 546 Olive 90.00 546 Lafayette 88.00 546 Seneca 70.00 546 Penn 48.00 546 Mitchell avenue 37.50 546 Sacramento 43.00 546 Pacific 76.00 645.... Alley between Pacific and Sycamore 70.00 645 Sycamore 72.00 645 Hickory 110.00 645 Walnut 146.00 G. O. No. Feet • 756 150 feet south of Wal- nut 159.50 045 Oak 125.00 G45 Cedar 84.00 045 Atchison 90.00 Landis or Fifteenth Street. 546.... Alley between Buch- anan avenue and Frederick avenue ... 85.00 J 4 G. .. .Buchanan avenue ... 86.00 Sixteenth Street. 546 Grand avenue 110.00 546 Boyd 105.00 546 250 feet north of Hol- man 88.00 546 Holman 85.00 546 Beattie 110.00 546 Highly 132.00 546. .. .Frederick avenue at Mt. Mora road. 99.00- 546 Section line 180 feet north of Faraon 120.00 546 Faraon 118.00 546 Jules 117.75 546 Francis 133.75 546 Felix 158.00 -.46 Edmond 177.50 546 Charles 162.00 -,46 Sylvanie 146 . 00 546 Angelique 140.00 546 Messanie 124.00 516 Locust 115.00 546 Patee 95.00 546 Olive 64.00 546 Lafayette 61.00 546 Seneca 50.00 546 Penn 43.00 r,46 Mitchell avenue 46.00 546 .... Sacramento 54 . 00 .'->46 Duncan 127 . 50 546 400 feet south of Dun- can 157.50 546 600 feet south of Dun- can 152.50 396 REVISED ORDINANCES. CHAP. XIX. Sixteenth Street — Cont'd. G. O. No. Feet 546 800 feet south of Dun- can 140.00 546 Pacific 80.50 546.... Alley between Pacific and Sycamore 78.00 546 Sycamore 88 . 00 803 Hickory 126 . 00 707 Walnut 167.00 809 150 feet south of Wal- nut 17G.00 645 Oak 138.00 645 160 feet north of Cedar 115.00 645 Cedar 110.00 645 .... Half way between Cedar and Atchison. .118.00 G45 Atchison 110.00 546 Garfield 43.00 Hull Street or Sixteenth. 546. . . .Alley between Buch- anan and Frederick avenue 9 1 . 00 546. .. .Buchanan avenue ... 94.00 Linwood Avenue. 546 Center 52.00 546 Commercial 43 . 50 Seventeenth Street. 546 Grand avenue 136.00 546 Boyd 112.00 546 320 feet north of Hol- man 90.00 546 Holman 87 . 50 546. . . .Alley between Seattle Holman 92.00 546 Beattie 106 . 00 546 Highly 129.00 546 Jones 148.00 546.... Alley between Jones and Howard 143.00 546 Howard 133 . 00 546 Colhoun 110 . 00 G. O. No. Feet 861.... Alley between Fred- erick avenue and Col- houn 103.00 546 Union 100 . 00 546. .. .Frederick avenue ... 96.00 546. .. .Section line 147.50 546 Faraon 149.00 546 Jules 139 . 00 546 Francis 148 . 00 546 Felix 153 . 00 546 Edmond 163.00 546 Charles 167 . 00 546 Sylvanie 160 . 00 546 Angelique 137.00 546 ... . Messanie 107 . 50 546 Locust 102.50 546 Patee 78.00 546 Olive 01 .00 546 Lafayette 51 . 00 546. .. .Seneca 46.00 546 Penn 43.00 546 Mitchell avenue 65.00 546 .... Sacramento 74 . 00 728 Monterey 80 . 00 728 Duncan 114.00 827. . . .At alley on nort.i line of Geiwitz subdivis- ion 10". CO 827 At a point 330 feet north of north line of lot 31, Geiwitz subdi- vision 131.00 591 Pacific 84.00 645.... Alley between Pacific and Sycamore 83.00 G45 .... Sycamore 94 . 00 645 Hickory 130.00 645 120 feet north of Wal- nut 155.00 707 Walnut IC7.00 645 Oak 136.00 645 Cedar 114.00 645 Atchison 96 . 00 Eighteenth Street. 748 Grand avenue 138.00 540 Boyd 114.00 546 200 feet south of Boyd 94.00 ART. II. GRADES. 397 Eighteenth Street — Cont'd. G. O. No. Feet 546 320 feet nortn of Hol- man 92.00 546 Holman 90.00 546 Beattie 110 . 00 546.... Alley between Highly and Beattie 118.50 546 Highly 131.00 546 Jones 145.00 546.... Alley between Jones and Howard 144 . 00 546 Howard 137 . 00 546 Colhoun 106.00 546 Frederick avenue ... 105 . 00 546 Mulberry 124 . 00 546 Section line 180 feet north of north line of Faraon 149.00 546 Faraon 166.00 546 120 feet north of north line of Jules 168.00 546 Jules 165.00 546 120 feet north of north line of Francis 107.50 546 Francis 166.50 546 Felix 148.00 546 Edmond 134 . 00 546 Charles 132.00 546 Sylvanie 135 . 00 546 Angelique 132.50 546 Messanie 99.00 546 160 feet south of south line of Messanie 83.00 546 Locust 77.00 546 Patee 61.00 546 Olive 54.00 546 Lafayette 48.00 546 Seneca 44.50 546 Penn 48.00 546 Mitchell avenue 84.00 546 Sacramento 104 . 00 546 Monterey 106 . 00 546 Duncan 144 . 00 546 Pacific, west 103 . 00 546 Pacific, east 109.00 546 Sycamore 100 . 00 546 Hickory 134.00 G. O. No. Feet 645 70 feet north of Wal- nut 162.00 707 Walnut 171.00 645.... Oak 130.00 645 Cedar 99. qo 645. .. .Atchison 83.00 546 Belle 61.00 546 Center 52 . 00 546 Garfield avenue, east. 39.50 546 Commercial 46.80 Hallack Street. 546 East center line and alley between Clay and Union 150.00 546 120 feet north of Clay.153.00 748. 748. 748. 792. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 861. 546. 861. 546. 546. 546. Nineteenth Street. .160 feet north of Grand avenue 131 . 00 .Grand avenue 112.00 •Boyd 104.00 . Holman 94.00 .Beattie 125.00 •Highly 159.00 .Alley between Highly and Jones 1 63 . 00 • Jones 154.00 .Howard 126.00 .Alley between How- ard and Frederick avenue 116.00 .Frederick avenue ...112.00 • Union 132.00 .110 feet north of north line of Clay 163.00 .Alley between Union and Clay 160.00 • Clay 158.00 .Alley between Clay and Mulberry 1 37 . 00 .Mulberry 127.50 .Alley between Mulber- ry and Faraon 1 32 . no . Faraon 142 . 50 • Jules 163.00 .Francis 169.00 398 REVISED ORDINANCES. CHAP. XIX. Nineteenth Street — Cont'd. G. O. No. Feet 546 Felix 1G4.00 546. . . .Edmond 142.U0 546 Charles 1 23 . UO 546 Sylvanie 107.00 546 Angelique 104.00 546 Messanie 86 . 00 546 Alley 160 feet soiitli of Messanie 76.00 546 Mary 62.00 546 Olive 52.00 546 Lafayette 47 . 00 546 Seneca 74 . 00 546 Penn 76 . 00 546 Mitchell avenue 88.00 546 .... Sacramento 134 . 00 546 Monterey 124 . 00 546 Duncan 158.00 546 Pacific 117.00 546 Belle 67.00 546 175 feet north of Com- mercial G2.0(l 546 .... Commercial 48 . 00 667 Chicago, Rock Island & Pacific Ry. Track.. 42.50 546. . . .Garfield avenue, east. 40.50 Bon Ton Street. 546 200 feet north of north line of Clay 160.00 Warsaw avenue. 546 Mary 72.00 Twentieth Street. 546 Highland avenue 135.00 546 Douglas 120.00 546 Grand avenue 105.00 546.... Boyd 100.00 546 James 115.00 546 Holman 120 . 00 546.... Alley between Hol- man and Beattie 134.00 546 Beattie 140.00 G. O. No. Feet 546. . . .Alley between Beattie and Highly 144.00 546 Highly ■ 155.00 546.... Alley between Highly and Jones 157 . 00 546 Jones 143.00 546 Howard 120.00 546 . . . .Frederick avenue, west 117.00 546 .... Frederick avenue, east 121.00 546 Colhoun 122.00 546 Union 155.00 837. . . .150 feet nt:rta of north line of Clay 175 . 00 546 Clay 172.00 837 192.5 feet north of south line of Clay 159.00 546 Mulberry 162 . 50 546. .. .Twentieth, south, at section line north of Faraon 161.00 516. .. .Twentieth, north, at section line north of Faraon 175 . 00 546 Faraon 158.00 546 Jules 160.75 546 Francis 163.00 546 Felix 148.00 546 Edmond 150.00 546 Charles 148.00 546 Sylvanie 134 . 00 546 Angelique 118.00 546 Messanie 96 . 00 546 Mary 70.00 546 Olive 48.00 546 Lafayette 53.00 546 Seneca 70.00 546 Penn 98.00 546 Mitchell avenue 110.00 546 Sacramento 153 . 00 546 Monterey 164 . 00 546 Duncan 178 . 00 546 .... Doniphan avenue .... 180 . 00 546 Jackson 174 . 0(l 546 Scott 162.00 546 Pacific 134.00 546 Belle 90.00 ART. II. GRADES. 399 Twenty-first Street. G. O. No. Feet 546 Mulberry 170.00 54G Alley north of Faraoa.172.50 540 Faraon 167.00 540 Jules 146.00 546 Francis 137.00 546 Felix 120.00 546 Edmond 118.00 540 Charles 117 . 00 546 Sylvanie 114 . 00 546 Angelique 100.00 546 Messanie 74 . 00 546 Mary 56.00 546 C, B. & Q. crossing.. 50.50 54G Olive 52.00 546 Lafayette 57 . 00 546 Seneca 64.00 546 Penn 84.00 546 Belle 74.00 798 Garfield avenue 57.00 797 Pear 61.00 797.... Alley between Pear and Pine 74.00 797 Pine 79.00 797 Spring 47.00 Twenty-second Street. 811.... At the center line of Lover's Lane 220.00 811 At a point 700 feet north of north line of State 202.00 811 At a point 400 feet north of north line of State 183.00 811 At alley north of State 161.00 770 Marion 155.00 770 Watson 153.00 770 Long 151.00 770 Moss 143.00 770 Highland avenue 128.00 770 Douglas 116.00 546 Grand avenue 120.00 770 Boyd 138.00 770 James 140.00 770 Holman 156.00 G. O. 540. 546. 546. 546. 54G. 54G. 546. 546. 546. 546. 546. 546. 546. 546. 779. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 746. 746. 546. 546. 546. 546. 546. 546. 546. 738. 738. 738. 738. No. Feet . . .Beattie 150.00 ...Highly 142.00 ...Jones 132.00 . . .Frederick avenue . . ..139.00 . ..Colhoun 140.00 . . .Union 153.00 . . .Clay 172.00 . . . Mulberry 162 . 50 . . . Section line at alley north of Faraon 164 . 00 ...Faraon 165.00 . . .Jules 152.00 . . . Francis 134 . 00 . . .Felix 130.00 ...Edmond 120.00 ...Charles 102.00 . . .Sylvanie 97.00 . . .Angelique 80.00 . . .Messanie 70.00 . . .Locust 62.00 . . .Mary 58.00 . . .C, B. & Q. R. R. cross- ing 54.50 ...Olive 56.00 . . . Lafayette 02 . 00 . . .Seneca 70.00 ...Penn 74.00 ...Mitchell avenue 105.00 . . . Sacramento 130 . 00 . . .Monterey 148.00 ...Duncan 172.00 ...Jackson 145.00 . . . ^ T'O feet south of Jack- son 136.00 ...Scott 134.00 ...Pacific 129.00 .. .410 feet south of Pa- cific 124.00 . . .610 feet south of Pa- cific 128.00 ...1010 feet south of south line of Pacific. .151.00 . . . 1430 feet south of south line of Pacific. .138.00 ...1630 feet south of south line of Pacific. .140.00 ...2100 feet south of south line of Pacific 148.00 400 REVISED ORDINANCES. CHAP. XIX. Twenty-second Street — Cont'd. G. O. No. Feet 738. .. .Intersection of Twen- ty-second with Atchi- son produced from west 103.00 738 Belle street at Grat- tan road G5.00 738 200 feet south of Grat- tan road (or Belle)... 56.00 738 Commercial 50 . 00 738. . . .C, R. I. & P. R. R.. . . 51.00 738 Spring 55 . 00 738.... Pine 82.00 738 Pear 71.00 546 Garfield avenue 52.00 546 180 feet north of south city limits 49.50 546 90 feet north of south city limits 47.00 546 South city limits 46.50 Twenty-third Street. 765.... At intersection of Highly 146.00 765.... At alley between Jones and Highly 152.00 546.... Jones and Frederick avenue 155 . 00 546 Colhoun 148 . 00 546 Union 176.00 546 Clay 165.00 546 Mulberry 144.00 683 South line of St. Joseph Eastern Exten- sion addition 138 . 00 546 Olive 62.00 546 Lafayette 68.00 546 Seneca 82.00 546 Penn 86.00 546 Mitchell avenue 1 08 . 50 746 At a point 100 feet north of north line of Sacramento 111.50 746 Sacramento 126.00 G. O 546. 546. 54G. .^)46. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 586. 546. 546. 546. 546. 546. 546. 746. 746. 746. 546. 546. 546. 546. Twenty-fourth Street. No. Feet . . .Frederick avenu3 . . .168.00 ....Tones 180.00 . . .Colhoun 164.00 . . .Union 184.00 ...Clay 175.00 ...Mulberry 156.00 . ..Faraon 124.00 . . .Jules 118.00 ...Francis 114.00 ...Felix 110.00 ...Edmond 108.00 . . .Charles 94.00 .. .Sylvanie 82.00 . . .Angelique 76.00 . . . Messanie 65 . 00 .. .Mary 61.00 .. .Patee 68.00 .. .Olive 80.00 .. .Lafayette 76.00 .. .Seneca 78.00 . . .Penn 90.00 . . . Mitchell avenue 125.00 ...At a point 300 feet north of the north line of Sacramento 127.00 . . . Sacramento 124 . 00 . . . Monterey 132 . 00 . . . Duncan, west 162.00 . . . Duncan, east 161.00 . . . Doniphan avenue ....174.00 .. .Jackson 176.00 Twenty-fifth Street. 546 Frederick avenue ...174.00 546 Jones 180.00 546 Colhoun 174.00 546 Union 170.00 546 Clay 150.00 546 Mulberry 160.00 546 Faraon 140 . 00 546 Jules 126.00 546 Francis 1 20 . 00 546 Felix 104.00 546 Edmond 96.00 546 Charles 84.00 546 Sylvanie 76 . 00 ART. II. GRADES. 401 Twenty-fifth Street — Cont'd. G. O. No. Feet 54G Angelique 68 . 00 546 Messanie 62.00 546 Mitchell avenue 107.50 746 Sacramento 144 . 00 746 Monterey 161.00 546 Duncan 178.00 Twenty-sixth Street. 688 Osage 180 . 00 546 Delaware 196 . 00 662 State 178.00 662 Folsom 190 . 00 546 Frederick avenue ...176.00 546 Jones 162.00 546 Colhoun 144 . 00 546 Union 140.00 546 Clay 124.00 546 Mulberry, west 134.00 546 Faraon 126 . 00 665 Francis 144.00 665 Felix 133.00 665 Edmond 123 . 00 665 Charles 100.00 665 Sylvanie 94 . 00 665 Angelique 72.00 546. .. .Messanie, west 60.00 546. .. .Messanie, east 61.50 586 Mary 70.00 546 Patee 72.00 819.... At alley between Pa- tee and Olive 76 . 00 54S Olive 84.00 546 Lafayette 98.00 546 Seneca 106 . 00 546 Penn 100 . 00 i 546 Mitchell avenue 106 . 00 j 818 Renick 109 . 00 i 818 Sacramento 122.00 ' 818 Monterey 142 . 00 818 Duncan 163 . 00 Snelson Street, or 261/^ Street. 818 .... Snelson street, with Renick 112.00 36 G. O. No. Feet 818. .. .Snelson street, with Sacramento 115 . 00 818. .. .Snelson street, with Monterey 120 . 00 Twenty-seventh Street. 546 Delaware 180 . 00 662 Folsom 199 . 00 688 Osage 170 . 00 546 Faraon 94 . 00 546 Jules 102.00 665 Francis 110 . 00 665 Felix 94.00 665 Edmond 87.00 665 Charles 75.00 665 Sylvanie 68 . 00 665 Angelique 66.00 546 Messanie, west 63.00 546. . . .Messanie, east 64.00 G54 Locust 90.00 586 Mary 116.00 546 Patee 100.50 546 Olive 103.00 546 Lafayette 114 . 00 546 Seneca 120 . 00 546 Penn 126.00 546 Mitchell avenue 143 . 00 818 Renick 137.00 818 Sacramento 131 . 00 818 Monterey 125 . 00 818 Duncan 129.00 546 Jackson 167 . 00 546 Pacific 183 . 00 Twenty-eighth Street. 546. .. .Frederick avenue ...178.00 546 Faraon 90.00 546 Jules 82.00 665 Francis 76.00 665 Felix 73.00 665 Edmond 72.00 665 Charles 71 . 00 065 Sylvanie 70 . 00 665 Angelique 69 . 00 546 Messanie 68.00 654 100 feet south of f outh line of Messanie 69.00 402 REVISED ORDINANCES. CHAP. XIX. Twenty-eighth Street — Cont'd. G. O. No. Feet G54 Mary 102.00 654 Locust 78.00 546 Patee 128.00 546 Olive 140.00 546.... Alley between Olive and Lafayette 144.50 546 Lafayette 136.00 546 Seneca 154.00 546 Penn 158.00 546 Mitchell avenue 162 . 00 818 Renick 176.00 818 .... Sacramento 154 . 00 818 Monterey 139 . 00 818 Duncan 150.00 546 Doniphan 171 . 00 546.... Alley between Doni- phan avenue and Jackson 177.00 546 Jackson 176.00 Twenty-ninth Street. 744....% section line north of Faraon 84 . 50 744 Faraon ... 83.00 744.... Alley between Jules and Faraon' 82.00 744 Jules 88.00 744 Francis 93.00 744 Felix 95.00 744 Edmond 97.00 744 Charles 110.00 744 Sylvanie 118 . 00 744.... Alley between Syl- vanie and Angelique. . 116 . 00 744 Angelique 108 . 00 744 Messanie 88 . 00 784 Mary 72.00 784 Patee 82.00 784 Olive 93.00 784 Lafayette 108.00 784 Seneca 116 . 00 784 Penn 124.00 Thirtieth Street. 744. .. .Quarter section line north of Faraon 87 . 00 G. O. No. Feet 744 Faraon 97.00 840 Jules 116.00 744 . . . .Alley between Francis and Jules 128.00 ^44 Francis 131.00 744 Felix 124.00 744 Edmond 120.00 744 Charles 142.00 744.... At alley between Syl- vanie and Charles .... 146 . 00 744 Sylvanie 144 . 00 744 Angelique 129.00 744 Messanie, west 110.00 784 Olive 102.00 784 Lafayette 126 . 00 784 Seneca 149.00 784 Penn 166.00 Thirty-first Street. 744 Felix 154.00 744 Edmond 150.00 784 Olive 96.00 784 Lafayette 109 . 00 784 Seneca 114 . 00 784 Penn 126.00 Thirty-second St-eet. 784 Olive 123.00 784 Lafayette 126.00 Thirty-third Street. 869 Lafayette 159 . 00 869 Seneca 171 . 00 869 Penn 181.00 869 Mitchell avenue 174 . 00 Thirty-fourth Street. 869 Seneca 170 . 00 869 Penn 187.00 869 Mitchell avenue 200 . 00 Bartlett Street. 546 Monterey 9 . 00 546 Duncan 8.50 546. .. .Doniphan avenue .... 9.00 ART. II. GRADES. 403 Bartlett Street — Cont'd, G. O. No. Feet 546. .. .Jackson 8.50 546 Scott 8.00 .", iG Pacific 7.50 r,iG Maple 8.00 546 .... Sycamore 9.50 546 Hickory 10.75 546 Walnut 11.50 546.... Oak 12.50 546 Cedar 12.00 Bellevue Street. 546 City limits 186.00 546 Rosine 180 . 00 546 Isabelle 150 . 00 546 Auguste 154.00 546 Poulin 150 . 00 546 Franklin 140.00 546 Louis 130.00 546 Michel 120.00 546 Antoine 100 . 00 546 .... Isidore 70 . 00 Bon Ton Street. 546 200 feet north of north line of Clay 160.00 Catawba Street. 546 Broadway 164.00 546 Madison 134.00 546 Monroe 105 . 00 546. .. .Concord avenue 85.00 546. .. .Hamburg avenue .... 80.00 546 Shady avenue 76.00 Clark Street. 546 Broadway 76 . 00 Dearborn Street. 546 Broadway 94.00 546 Madison 78.00 Diana Street. 540 Broadway 200 . 00 546 Madison 165.00 G. O. No. Feet 546. . . .Monroe 135.00 546. .. .Concord avenue 110.00 546. . . .Hamburg avenue . . , .106.00 546. . . .Alley between Shady avenue and Hamburg avenue 108.00 546 .... Shady avenue 102 . 00 Elwood Street. 540 .... North city limits 170 . 00 546 .... Rosine 175 . 00 546 Isabelle 182 . 00 546 Auguste 189.00 546 .... Poulin 186 . 00 Grape Street. 546 .... Broadway 204 . 00 546.... Alley between Madi- son and Broadway. . .212.00 540 .... Madison 195 . 00 546 Monroe 162 . 00 546. . . .Concord avenue 138.00 546. . . .Hamburg avenue. . . .140.00 546 Shady avenue 124.00 Hallack Street. 546.... East center line and alley between clay and Union 150.00 546 120 feet north of Clay 153.00 Hull Street or Sixteenth. 546.... Alley between Buch- anan and Frederick avenue 91.00 546. .. .Buchanan avenue.... 94.00 Landis or Fifteenth Street. 546. . . .Alley between Buch- anan avenue and Frederick avenue .... 85.00 546 .... Buchanan avenue .... 86 . 00 404 REVISED ORDINANCES. CHAP. XIX vce Street or Dev/ey Avenue. No. Feet ...City limits 170.00 . . . Highland avenue .... 158 . 00 ...Dolman 160.00 ...St. Paul 146.00 . . . Market 156 . 00 .. .Chestnut 170.00 ...Linn 178.00 ...Cherry 165.00 . . . Section line 165 feet north of north line of Rosine 173.00 ...Eighty feet north of north line of Rosine.. 178. 50 ...Rosine 176.50 ...Isabelle 163.00 . . .Half way betwoe:i Isa- belle and Auguste. . .155.00 .. .Auguste 140.00 ...Poulin 100.00 . . .Franklin 76.00 ...Michel 80.00 . . . Half way between Michel and Louis 83.00 ...Louis 76.00 . . . Aiitoine 64.00 Isidore 55.00 ...Robidoux 38.00 Faraon 25.00 ...Jules 13.00 .... Francis 3.00 Linwood Avenue. 546 Center 52.00 546 .... Commercial 43 . 50 Main Street. 540 City limits 210.00 546 Highland avenue 190 . 00 546 Dolman 180.00 546.... St. Paul 154.00 546 Market 125 . 00 546 Chestnut 130 . 00 546 Linn 142.00 546 Cherry 130.00 546 Rosine 130.00 546 Isabelle 122.00 Lc G. O 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546, 546. 546 546 546 704 546 546 546 546 546 546 G. O. No. Feet 546 Auguste KiS.O) 546 Poulin 104.00 546.... North line of Frank- lin 09.00 546 Franklin 66.00 546 Michel 50.00 546 Louis 40.00 546 Antoine 33.00 546 Isidore 26.50 546 Robidoux 26.00 546 Faraon 29.00 540 Jules 31.50 546 Francis 24 . 50 546 Felix 18.00 Mt. Mora Road. 546. . . .Entrance to cemetery.134.50 546 600 feet north of Fred- erick avenue 127 . 50 546. .. .Frederick avenue ... 99.00 Poplar Street. 546 Duncan 105.00 Snelson or 26^ Street. 818. . . .Snelson street, with Renick 112.00 818. . . .Snelson street, with Sacramento 115 . 00 818. .. .Snelson street, with Monterey 120.00 Spruce Street 540 Broadway 128 . 00 546 Madison 103.00 546 Monroe 81.00 Vine Street. 540 Locust 102.00 546 Patee 91.00 546. .. .Olive 68.50 546 Lafayette 56.00 546.... Seneca 48.00 ART. 11. GRADES. 405 G. O. 54G. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. 546. Water Street. No. Feet .Highland avenue 126.00 .Dolman 156.00 .St. Paul 180.00 .Market 166.00 .Chestnut 145.00 .Linn 182.00 .Cherry 174.00 .Section line 171.00 .Rosine 152.00 .Isabella 135.00 .Augusta 114.00 .Poulin 108.00 .Franklin 123.00 .Michel 148.00 .Louis 143.00 .Antoine 136.00 .Isidore 116.00 .Robidoux 75.00 .Faraon 35.00 Warsaw Avenue. 546 Mary 72.00 Albemarle Street. 677.... Alley between Third and Fourth 51.50 Angelique Street. 546. ...Alley between Twelfth and Thir- teenth 183.00 546.... Alley between Fif- teenth and Sixte.^nth.155.00 546.... Alley between Six- teenth and Seven- teenth 128.00 546 150 feet west of west line of Twenty-fourth . 84 . OC 744.... At a point 305 feet east of the eas: line of Twenty-eighth 92.00 Antoine Street. 546. . . .Alley between Second and Third street 31.00 546 Alley between Fifth and Sixth 136.00 Ashland Avenue. G. O. No. Feat 546 East city limits 196.00 679 Osage 192 . 00 679 200 feet north of north line of Delaware 193.30 546 Delaware 198.00 540 Folsom 208 . 00 546 State 198.00 546. .. .Frederick avenue ...191.00 645. 645. 645. 645, Atchison Street. .At alley between Fif- teenth and Sixteenth. 104. 00 .At alley between Six- teenth and Seven- teenth 108.00 .At alley between Sev- enteenth and Eigh- teenth 94 . 00 .At alley between Eighteenth and Nine- teenth 78.00 Augusta Street. 546 Alley between Second and Third 43.00 Seattle Street. 546 120 feet west of the west line of Twen- tieth 128.00 546 160 feet west of Twenty-second 160 . 00 Belle Street, 546 Alley between Eigh- teenth and Nine- teenth 63.00 Boyd Street. 764 Alley in Boyd street between 20th and 22d 130.00 406 REVISED ORDINANCES. CHAP. XIX. Broadway Street. G. O. No. Feet 540.... Alley between Diana and Grape 210.00 546. 546. 546. 546. 645. 645. 645. 546. 546. 546. 546. 546. 779. 608. 546. Buchanan Avenue. . Landis or Fifteenth street 86.00 .Hull (Sixteenth) 94.00 .200 feet east of Hull or Sixteenth 99.00 .East line of Landis & Hull's additioa 104.00 Cedar Street. .At alley between Six- teenth and Seven- teenth streets 120.00 . .At alley between Sev- enteenth and Eigh- teenth 111.00 . .At alley between Eighteenth and Nine- teenth 95 . 00 Center Street . .Alley between Lin- wood avenue and Eighteenth 55.00 Charles Street. . .100 feet east of Elev- enth 153.00 ..150 feet east of Elev- enth 153.00 ..Alley between Fif- teenth and Sixteenth.. 168. 00 . .Alley between Eigh- teenth and Nine- teenth 122.00 ..Half way between Twenty - fi r s t and Twenty-second 106.50 . . 200 feet east of the east line of Twenty- second 112.50 ..350 feet east of Twenty-second 116 . 00 G. O. No. Feet 665 160 feet easi of Twenty-sixth 97 . 00 744 305 feet east of Twenty-eighth 81 .00 744 300 feet east of Twenty-ninth 136 . 00 Cherry Street. 546.... Alley between Water and Levee or Dewey avenue 184 . 00 Church Street. 546.... Alley between Tenth and Eleventh 141^.00 546.... West allej' in block 31, Improvement ad- dition 167.00 546.... East alley in Block 31, Improvement ad- dition 162.00 Clay Street. 546. . . .West line of Kemper's addition 107.00 546 450 feet east of west line of Kemper's ad- dition 152.00 546 .... Half way between Twentieth and Twenty-second 176 . 00 546.... Alley between Twen- ty-second and Twen- ty-third 160.00 546.... Alley between Twen- ty-fifth and Twenty- sixth 134.00 Colhoun Street. 546.... Alley between Twen- ty-third and Twenty- fourth 152.00 546.... Alley between Twen- ty-fourth and Twenty- fifth 176.00 546. . . .Alley east of Twenty- fifth 150.00 ART. II. Commercial Street. G. O. No. Feet 54G.... Alley between Eigh- teenth and Nine- teenth 47.40 Corby Street. 546 350 feet west of Ninth 106.00 867 40 feet east of Ninth. 154. 00 867 125 feet east of Ninth 157.00 Delaware Street. 546. . . .Alley east of Twenty- sixth 199.00 546 130 feet west of Rob- erts avenue or Twen- ty-seventh street ....184.00 546 140 feet east of Rob- erts avenue or Twen- ty-seventh street . . . .194.00 546. . . .Alley west of Ashland avenue 196 . 00 Dolman Street. 752.... At the alley between Second and Third 161.00 Duncan Street. 546 150 feet east of Twen- tieth 181.00 546 210 feet east of Twen- ty-second 169.00 546. .. .Opposite Twenty- third from the north.. 167. 00 546. . . .East line of Hall's ad- dition 163.00 818 At a point 200 feet west of Twenty-sev- enth 134.00 546 East city limits 150.00 GRADES. 407 I Edmonci Street G. O. No. Feet 546. . . .Alley between T^^elfth and Thirteenth 116.00 546 130 feet east of Fif- teenth 178.00 546.... Half way between Nineteenth and Twen- tieth 151.00 546 280 feet east of Twen- ty-second 132.00 546 380 feet east of Twen- ty-second 13 1 . 00 665 200 feet east of Twen- ty-seventh 74.00 665 300 feet east of Twen- ty-eighth 80.00 744. . . .405 feet east of Iwen- ty-eighth 83.00 744 240 feet east of Twen- ty-ninth 112.00 744 300 feet east of Thir- tieth 128.00 744 At Thirty-first 150 . 00 Faraon Street. 739 At alley between Main and Second streets. . . 36.50 739. . . .At alley between Sec- ond and Third 59.00 546 Alley between Eighth and Ninth 109.00 546. .. .Section line east of Thirteenth 87.00 546 Alley between Fif- teenth and Sixteenth. 103. 00 546 Half way between Twentieth and Twen- ty-first 166.00 546 265 feet east of Twen- ty-second 136.00 546. . . .405 feet east of Twen- ty-second 130.00 753. . . .200 feet east of Twen- ty-fifth street 143.00 744. . . .300 feet east of 'I'wen- ty-ninth street 85.00 408 REVISED ORDINANCES. CHAP. XIX. Felix Street. G. O. No. Feet 546.... Alley between Sixth and Seventh 61.00 546.... Alley between Ninth and Tenth 67 . 00 546 Alley between Twelfth and Thirteenth 95.50 546.... Alley between Fif- teenth and Sixteenth. 167.00 546.... Alley between Six- teenth and Seven- teenth 146.00 546.... Alley between Seven- teenth and Eigh- teenth 158.00 546.... Half way between Nineteenth and Twen- tieth 163.00 546 180 feet east of twen- ty-second 140 . 00 546 260 feet east of Twen- ty-second 142.00 546 320 feet east of Twen- ty-second 140.00 665 270 feet east of Twen- ty-fifth 126.00 665 200 feet east of twen- ty-seventh 79 . 00 744 300 feet east of Twen- ty-ninth 104.00 744 250 feet eas*^ of Thir- tieth 141 .00 744 At Thirty-first 154.00 Fillmore Street. 546 Alley east of St. Joseph avenue 47.00 Folsom Street .Roberts avenue or 662. 662. Twenty-seventh 1 99 . 00 .At the first alley west of Ashland avenue ..210.00 Francis Street. G. O. No. Feet 546.... Alley between Sev- enth and Eighth 70.00 546 Alley between Twelfth . and Thirteenth 88.00 546. .. .Section line east of Thirteenth 123.00 540. . . .Alley between Eigh- teenth and Nine- teenth 170.00 546 200 feet east of " wen- ty-second 140.00 546 280 feet east of Twen- ty-second 138.00 665. . . .270 feet east of Iwen- ty-fifth 140.00 665 160 feet east of Twen- ty-sixth 138.00 665 250 feet east of Twen- ty-seventh 86.00 665 300 feet east of Twen- ty-eighth 80.00 744 295 feet east of Twen- ty-eighth 77.50 744 300 feet east of Twen- ty-ninth 120.00 Frederick Avenue. 604 270 feet west of '1 wen- ty-eighth street 180.00 Grand Avenu>. 748 150 feet west of Eigh- teenth street 140.00 Garfield Avenue. 546 900 feet southeast of Eleventh 42.00 546 1140 feet southeast of Eleventh 49.00 546 1400 feet southeast of Eleventh 18.00 546 Sixteen ''1 43.00 546 Commercial 42.50 ART. II. Garfield Avenue — Cont'd. G. O. No. Feet 516. .. .South line of right-of- way of C, R. I. & P. R. R 38.00 546 160 feet west of Eigh- teenth street, nortli . . 38.75 546.... West line of Connett Place 54.00 Hall Street 546 .... Opposite southeast corner of Hogan's lot. 156.00 546 216 feet west of Ninth. IGO. 00 Henry Street. 546 168 feet west of Twelfth street 167.00 Highly Street. 546 100 feet west of Nine- teenth street 162 . 00 546.... Half way between Twenty and Twenty- second 160.00 Isabelle Street. 546.... Alley between Water and Levee or Dewey avenue 150.00 540. . . .Alley between Second and Third 51.00 Isidore Street. 546.... Alley between Main and Second streets .. 28.00 546. .. .Intersection of east alley in block 31. St. Joseph Improvement addition 138 . 00 Jackson Street. 546 220 feet east of Twen- ty-fourth 183.00 GRADES. 409 , G. O. No. Feet 546 400 feet east of Twen- ty-fourth 180.00 546 960 feet east of Twen- ty-fourth 164.00 546 1105 feet east of Twenty-fourth 160 . 00 546 250 feet east of Twen- ty-seventh 177.00 546 East city limits 153.00 Jones Street. 546 150 feet east of Eigh- teenth 151 . 00 546 Half way between Nineteenth and Twen- tieth 155.00 808 Alley between Twen- ty-fourth and Twenty- fifth 190 . 00 546 Alley east of Twenty- fifth 160.00 Jules Street. 546. . . .Alley between Fourth and Fifth 86 . 50 546 Alley between Sev- enth and Eighth 98.00 546 Alley between Twelfth and Thirteenth 83.00 546 Section line 140 feet east of Thirteenth ... 108 . 50 546 Alley between Eigh- teenth and Nine- teenth 169.00 676 150 feet eas^. of Nine- teenth 156 . 00 546 270 feet east of Twen- ty-fifth 140.00 546 480 feet east of Twen- ty-fifth 130.00 546 990 feet east of Twen- ty-fifth 102.00 546 1210 feet east of Twenty-fifth 90 . 00 744 295 feet east of Twen- ty-eighth 79.50 41U REVISED ORDINANCES. CHAP. XIX. Lafayette Street. G. O. No. Feet 54G Alley between Tenth and Eleventh 27.00 546 140 feet east of Thir- teenth 118.00 546 300 feet east or Twen- ty-sixth 102.00 546. . . .140 feet west of west line of Twenty-eighth.135.00 546.... 50 feet west of west line of Twenty-eighth.137.50 784 Twenty-ninth 108 . 00 784 400 feet east of Twen- ty-ninth 123.00 784 Thirtieth 126 . 00 784 400 feet east oi Thir- tieth 119.00 784 Thirty-first 109 . 00 784 Thirty-second 126 . 00 Lincoln Street. 622.... Alley between Sev- enth and Eighth 101 . 50 Linn Street. 546.... Alley between Levee or Dewey avenue and Water 190.00 Market Street. 754.... Alley between Third and Washington ave- nue 109.00 Mary Street. 586 150 feet east of Twen- ty-seventh 118.00 586 280 feet east of Twen- ty-seventh 116.00 784 150 feet east of east line of Twenty-eighth. 84.00 784 300 feet east of east line of Twenty-eighth. 76.00 784 Twenty-ninth street.. 72.00 Messanie Street. G. O. No. Feet ."(IG. .. .Alley between Ninth and Tenth 46.00 546 260 feet east; of Twelfth 161.00 546. . . .Alley between Seven- teenth and Eigh- teenth 102.00 744.... 305 feet east of east line of Twenty-eighth street 81 . 00 Middleton Street. 668 275 feet east of the east line of St. Joseph avenue 38.00 G68 335 feet east of the east line of St. Joseph avenue 40 . 00 Mitchell Avenue. 546.... Half way between Thirteenth and Four- teenth 39.00 546.... Half way between Fourteenth and Fif- teenth 38.50 546 Alley between Fif- teenth and Sixteenth. 39.00 546.... Alley between Twen- ty-second and Twenty- third 98 . 50 Moss Street. 836 120 feet west of west line of Seventh 104.00 836 .... At west line of Hardin Place 106.00 Mulberry Street. 546.... Alloy between Twen- ty-second and Twenty- third 148.00 ART. 11. Mulberry Street — Cont'd. G. O. No. Feet 546.... Alley between Twen- ty-third and I'wenty- fourth 152.00 546.... Alley between Twen- ty-ttfth and Twenty- sixth 14G.00 Oak Street. 645. . . .At alley between Four- teenth and Fifteenth. 134. 00 645. . . .At alley between Six- teenth and Seven- teenth 142.00 645. . . .At alley between Sev- enteenth and Eigh- teenth 138.00 Olive Street. 546 Alley between Tenth and Eleventh 3''. 50 546 160 feet east of Thir- teenth 124 . 00 546 280 feet east of Twen- ty-fourth street 88.00 546 250 feet east of Twen- ty-sixth 88.00 784.... 450 feet east of east line of Twenty-eighth.lOl ^0 784 Twenty-ninth 93 . 00 784 350 feet east of '"wen- ty-ninth 114.00 784 Thirtieth 10^ . (0 784 Thirty-first 9o '.■•') 784.... 300 feet east of east line of Tnirty-first. . ..109. '"•0 784 Thirty-second 123 . 00 Pacific Street. 546. . . .30 foot street between Tapee's and Madinger addition 126.00 546 400 feet east of Twen- ty-second 149.00 546 1350 feet east of Twenty-second 151 . 00 GRADES. 411 G. O. No. Feet 546 Frazer's Lane 152.00 546 300 feet east of Fra- zer's lane 169.00 Patee Street. 546.... Alley between Ninth and Tenth 22.00 546.... Alley between Tenth and Eleventh 37 . 50 346 .... 200 feet east of 'j wcn- ty-sixth 79.00 546 180 feet west of Twen- ty-eighth 133.00 r,46. . . .120 feet west of Twen- ty-eighth 136.00 546 60 feet west of Tv/en- ty-eighth 134.00 784.... 200 feet east of east line of Twenty-eighth.116.00 784.... 400 feet east of east line of Twenty-eighth. 96.00 784 Twenty-ninth street.. 82.00 Peach Tree Avenue. 800.... At west line of Mc- Donald Heights 155.00 800 At a point 200 feet east of west line of McDonald Heights .... 150 . 00 SOO At the alley 120 feet west of west line of Seventh street 140.00 Pendleton Street. ,46.... 235 feet west of Sev- enth 58.00 ;46....Half way between Seventh and Eighth . . 96 . 00 Penn Street. '46.... Alley between Elev- enth and Twelfm 32.00 -,46 140 feet east of Thir- teenth 54.50 -.46 Half way between Thirteenth and Four- teenth 56 . 00 412 REVISED ORDINANCES. CHAP. XIX. Penn Street — Cont'd. G. O. No. Feet 784.... 350 feet east of east line of Twenty-eighth.130.00 784 Twenty-uinth 124 . 00 784 200 feet east of east line of Twenty-ninth. 146. 00 784.... 450 feet east of east line of Twenty-ninth.. 170. 00 784 Thirtieth 1G6.00 784.... 300 feet east of east line of Thirtieth 131.00 784 Thirty-first 126 . 00 869 .... Opposite Division line between lots 18 and 19, block 5 Mason's Place 168.00 Powell Street. 546.... Alley between Sixth and Seventh 74.00 546 160 feet west of Tenth 163.00 Ridenbaugh Street 546 120 feet east of Tenth. 137. 00 Robidoux Street. 546.... Alley between Main and Second 31.00 546.... Alley between Fourth and Fifth 115.00 546.... Alley between Sixth and Seventh 95.00 546.... Alley between Ninth and Tenth 120.00 Rosine Street. 546.... Alley between Water and Levee or Dewey avenue 168.00 546. . . .Alley between Second and Third 69.00 Sacramento Street. G. O. No. Feet 746. . . .At alley between Twenty-ihird and Twenty-fourth 122 . 00 818.... At a point 305 feet east of Twenty-sev- enth 150.00 Savannah Avenue. 540. . . .Highland avenue .... 72.00 546 Fillmore 75 . 00 546 Jefferson 78.00 546 Woodson 72 . 50 546 .... Richardson 67 . 00 546 Pendleton 72.00 546 Middleton 61 . 20 546 Third G4.30 Seneca Street. 546 Alley 100 feet east of Thirteenth 98.00 546 300 feet east of Twen- ty-seventh 144 . 00 784 300 feet ease of east lino of Twenty- eighth 124 . 00 784 Twenty-ninth 116 . 00 784.... 400 feet east of east line of Twenty-ninth.. 152. 00 784 Thirtieth 149 . 00 784 400 feet east of east line of Thirtieth 123.00 784 Thirty-first 1 14 . 00 869. .. .Opposite division line between lots 6 and 7, block 5j Mason's Place 154.00 State Street 662 240 feet east of Twen- ty-sixth street 180.00 662 At the first alley west of Ashland avenue. . .199.00 ART. II. GRADES. 413 St. Joseph Avenue. G. O. No. Feet 794. . . .Center line section 32, T, 58, R. 35 9G.00 794 Paik avenue 88.00 794 Magnolia 85 . 50 794 At a point 250 feet north of north line of Garfield avenue 84.00 794 Roosevelt avenue 82.00 794 Randolph 78.50 794 Logan 75.50 794 Green 73.50 546 Broadway 72.00 546 Madison 70.50 546 Monroe G9.00 546 Concord 07.20 546 Sixth avenue 66.80 546. .. .Hamburg avenue .... 66.00 546 Fifth avenue 65 . 50 546 Shady avenue 64 . 60 546 Helena 64.00 546 Bvalene 62 . 40 546 Parker street 60.80 546 North line of St. Joseph Extension ad- dition 60.00 546 Highland avenue 52.00 546 Fillmore 57.00 546 .... Half way between Fill- more and Jefferson . . 58 . 50 546 Jefferson 55 . 50 546 Woodson 48.75 546 Richardson 50.50 546 Pendleton 53.00 546 Middleton 49 . 50 546 Albemarle 46.00 St. Paul Street. 546. . . .Alley be!--v-ren Sv^cond and Third 138.00 701 Alley between Third and Fourth 144.00 Sylvanie Street. 546. . . .Alley between Twelfth and Thirteenth 168.00 G. O. No. Feet 54G Section line 140 feet east of Thirteenth 153.50 546 148 feet east of Thir- teenth 153.50 546.... Alley between Four- teenth and Fifteenth.. 152.00 546 Alley between Fif- teenth and Sixteenth. 161. 00 546 350 feet east of 1 wen- ty-second 102 . 00 744 At 155 feet east of Twenty-eighth street. 76.00 744 300 feet east of Twen- ty-ninth 140.00 Union Street. 546 225 feet east of west line of Nineteenth. ..137.00 546.... Alley between Twen- ty-fourth and Twenty- fifth 180.00 546. . . .Alley east of Twenty- fifth 154.00 Van Brunt Avenue. 800 50 feet east of west line of McDonald Heights 135.00 800 200 feet east of west line of McDonald Heights 139.00 Walnut Street. 645.... At alley between Fourteenth an i Fif- teenth 142.00 707 At alley between Six- teenth and Seven- teenth streets 170.00 743. . . .At alley between Sev- enteenth and Eigh- teenth 173.00 414 REVISED ORDINANCES. CHAP. XIX. Washington Avenue. G. O. No. Feet 546 Highland aveniu 95.00 546 Fillmore 93.00 546 Jefferson lOfJ.OO 546 Woodson 112.00 546 Richardson 98 . 00 546 Pendleton 88.00 546 Middleton and Third. 74.00 Woodson Street. 546 200 feet west of Eighth . ..• 50.00 South St. Joseph. North and Sonth Streets. Barbara or Second Street. East of King Hill Avenue. . . . .Division . . Russell Clayton Nebraska 824 Kansas 92.00 672 Missouri 81. 00 695.... At the alley between Missouri aver ue and Colorado S.T .00 672 Colorado avenue 92 . 00 695 Blake 116.00 695 Lee 142.00 695 600 feet south of Blake street (west) . .172.00 695 Prindle 174.00 695 Fleeman 1 07 . 00 695 250 feet south of Flee- man 157.00 742 Haeberle 152.00 Carnegie Street. West of King Hill Avenue. 733 Indiana 6.30 733 Massachusetts 7.30 G. O. No. Feet 733 733 • Michigan 9.00 .Ohio 11.00 .Virginia 12.50 .Kentucky .Alabama Cumberland Street. East of King Hill Avenue. . . . .Alley betwppR Ham- mond and Fieoman.. 735. . . .Hammond 149.00 735.... Alley between Ham- mond and Harvard. . .159.00 73.5. . . .Harvard 162.00 735 Yale 170.00 First Street or William Street. East of King Hill Avenue. . .Nebraska . .Kansas . .Missouri . .Colorado . .Blake ..470 feet south of Blake 198.00 . .Prindle 201.00 . . Indiana 207 . 00 . .Fleeman 197.00 . . 250 feet south of the south line of Flee- man 202.00 735 Haeberle 188 . 00 735 Harvard 1 87 . 00 735 Yale 171.00 735 Oberlin 152.00 735. . . ..Alley between Oberlin and Vassar 140.00 735 Vassar 122.00 735. . . .At alley south of Vas- sar through block 6 . . 101 . 00 . . . .Hyde Park avenue. . . 735 735 735 ART. II. GRADES. 415 Fourth Stree' G. O. No. Feet East of King Hill Avenue. Alley north of Prindle .... 735 Prindle 176.00 735 Fleeniau 124.00 735.... Alley between Flee- man and Haeberle. .. .116.00 735 Haeberle 106 . 00 Gordon Avenue, West of King Hill Avenue. 646 Cherokee 5 . oO 646 .... Illinois avenue 6 . 50 733. .. .Indiana avenue 7.50 733 .... Massachusetts 9 . 00 733. .. .Michigan 10.50 733.... Ohio 12.00 733 Virginia 13.50 Grant Street. West of King Hill Avenue. .Michigan 7.30 .Ohio 9-50 .Virginia 11.50 . Kentucky .Alabama 733 733 733 King Hill Avenue. 699 .... Lake boulevard .... 699. . . .950 feet westerly from west line of Sixth. . . . 737.... 1750 feet westerly from west line of Sixth 737 2150 from Sixth 785 2350 from feet west westerly line of feet west westerly lino of 785. . 785. 694. Sixth .2850 from Sixth .3050 from Sixth . . .Division feet west westerly line of 39.00 42.00 51.00 61.00 66.00 69.00 feet west westerly line of 67.00 59.00 G. O. No. Feet 694 ... . Russell 55 . 00 694. .. .Iowa avenue 53.00 694 Clayton 50.00 694. .. .Nebraska (west from King Hill avenue) 47.00 094. .. .Nebraska (east from King Hill avenue) 45.00 694. .. .Kansas (west from King Kill avenue) 43.00 G94. . . .Kansas (east from King Hill avenup ) 42.00 644. .. .Missouri ave., west.. 39.50 672. . . .^Missouri Ave., east. . . 38.50 670. .. .Colorado avenue 34.50 670 .... Texas avenue 30 . 00 670. .. .Arizona avenue 22.50 646. . . .Cherokee street 18.00 657. . . .Illinois avenue 22.50 670 .... Indiana avenue 31 . 00 070 .... Massachusetts ave- nue 34.00 670. .. .Michigan avenue .... 44.00 801 Ohio 48.00 801 Virginia 46.00 801. .. .Alabama 40.00 Lake Avenue. West of King Hill Avenue. .... Nebraska avenue .... Kansas avenue 644 .... Missouri avenue 23.50 .Colorado avenue 16.00 .Texas avenue 10.50 .Arizona avenue 7.50 . Wyoming avenue .... 6.00 .Dakota avenue 5.50 .Cherokee 5.50 .Illinois 6.00 .Alley between Illinois avenue and Indiana.. 6.50 .Indiana 6.00 .Alley between Indi- ana and Massachu- setts 6.50 .Massachusetts 6.00 .Michigan 7.00 .Ohio 8.00 .Virginia 9.00 674.. 069. . 669.. GG9.. 669.. 646.. 646.. 733 . . rroo 733, (oo. 733. 733. 733. 416 REVISED ORDINANCES. CHAP. XIX. Lookout Street. G. O. No. Feet Bast of King Hill Avenue. 735 Indiana 154.00 735 Fleeman 136.00 735 Hammond 102 . 00 735 Harvard 111.00 735 Yale 140.00 735 Oberlin 154.00 735 Vassar 128.00 Pryor Street, West of King Hill Avenue. Colorado . .Texas . .Arizona . . Cherokee 646 Illinois 8.00 733 Indiana 10.30 733 Massachusetts 12 . 50 733 Michigan 17 . 75 733 Ohio 21.00 Virginia Alabama Swift Avenu.i. East of King Hill Avenue. 778 120 feet north of north line of Blake in alley through block 9, Widman 68.00 778 Blake 70.00 778 220 feet south of Blake 73.00 735 Cherokee 50 . 00 735. . . .275 feet south of south line of Cherokee 64.00 735 Indiana 60.00 735 Fleeman 70.00 735 Hammond 62.00 Third Street. East of King Hill Avenue. Alley north of Prindle 735 Prindle 184.00 735 Fleeman 129.00 735 Haeberle Ill . 00 EAST AND WEST STREETS. Alabama Street. G O. No. Feet 801 King Hill avenue 40.00 Arizona Avenue. 670 King Hill avenue 22.50 Blake Street. 672 First or WiHiams 110.00 695. . . .Second or Barbara. . .116.00 672 150 feet west of the west line of Miami. .123.00 672 Miami 125 . OQ 672 Halsey 164 . 00 672 .... Sawyer 174 . OO Cherokee Street. West of King Hill Avenue, 646 King Hill avenue 18.00 646 .... Pryor avenue 7 . oo 646. .. .Gordon avenue 5.30 646 .... Lake avenue 5.50 646 At the C, R. I. & P. R. R. Co.'s easterly R. of W. line 6.50 Cherokee Street. East of King Hill Avenue. 735.... Swift avenue 50.00 Morris avenue Coy Clayton Street. 694 King Hill avenu<- 50.00 Colorado Avenue. East of King Hill Avenue. 672 260 feet west ol the west line of Williams. 70.00 672 170 feet west of the west line of Williams. 75.00 672 Williams 76.00 ART. II. GRADES. 417 Colorado Avenue — Cont'd. G. O. No. Feet 672 Barbara 92.00 725 Miami 102.00 725 Fifth 127.00 725.... East line of Buena Vista addition 157.00 i Colorado Avenue. West of King Kill Avenue. ....Alley between King Hill and Pryor .... Pryor .... Lake avenue . . . .East right of way line of the R. I. Ry Division Street, 694 King Hill avenue 59.00 Fleeman Street. 735.... Alley between First and Second 187.00 Haeberle Street. 735.... Alley between First and Second 173.00 Harvard Street. 735.... Alley between King Hill avenue and Look- out 61.00 Hammond Street. 735 Swift avenue 62.00 735 Lookout 102 . 00 735 Cumberland 149.00 Illinois Avenue. 657 King Hill avenue 22.50 646. .. .Pryor avenue 8.00 646. .. .Gordon avenue 6.50 646 .... Lake avenue 6 . 00 646 At the C, R. I. & P. easterly of R. W. line . 7.00 27 Indiana Avenue. G. O. No. Feet East of King Hill Avenue. 735 Swift avenue 60 . 00 735 Lookout 154.00 735 First or William 207.00 Indiana Avenue. West of King Hill Avenue. ..King Hill avenue.... 31.00 ..Pryor avenue 10.30 . .Gordon avenue 7.50 . . Carnegie street 6 . 30 . . Lake avenue 6 . 00 ..East R. of W. Une of the C, R. I. & P. Ry.. 670. 733. 733. 733. Iowa Street. 694 King Hill avenue 53.00 Kansas Avenue. East of King Hill Avenue. 694 King Hill avenue 42.00 824 ... .At alley between King Hill avenue and Wil- liams street 48 . 00 824 Williams street 68.00 824 Barbara 92.00 824.... At a point opposite a line between lots 9 and 10, block 1, Clark's addition 103.00 824 Miami 120.00 Fifth Sixth Kansas Avenue. West of King Hill Avenue. 094 King Hill avenue .... 43 . 00 ....Alley between King Hill avenue and Lake avenue 418 REVISED ORDINANCES. CHAP. XIX. Massachusetts Street. G. O. No. Feet 670 King Hill avenue 34.00 733 .... Pryor avenue 12 . 50 733 Gordon avenue 9 . 00 733 .... Carnegie '' ■ 30 733 Lake avenue 6 . 00 East R. of W. line of c, R. I. & P Ry Michigan Street. 670 King Hill avenue 44.00 733 .... Pryor avenue 17 . 75 733 Gordon avenue 10 . 50 733 Carnegie 9-00 733 Grant 7.30 733 Lake avenue 7.00 East R. of W. line of c, R. I. & P. Ry Missouri Avenue. West of King Hill Avenue. . . .King Hill avenue .... 39.50 ...Alley between Park avenue and King Hill avenue ... 34.00 . Lake avenue 23 . 50 .425 feet west of Lake avenue 12.00 G44 644 644. 644. 672. 672. 672. 673. 673. 673. 700. 700, Nebraska Avenue. G. O. No. Feet West of King Hill Avenue. 694 King Hill avenue 47.00 Nebraska Avenue. East of King Hill Avenue. 694.... King Hill avenue.... 45.00 Missouri Avenue. East of King Hih Avenue. ..King Hill avenue.... 38.50 ..Williams or First 63.00 ..Barbara, or Second.. 81.00 , . .275 feet east of the east line of Barbara. . 99.50 . . .Miania 116.00 . . .186 feet east of the east line of Miama. . .134.00 . . . Fifth (between the street lying east of blocks 1, 4 and 5, Buena Vista addition). 139. 00 ... At east line of Buena Vista addition 177.50 801 733 733 733 733 733 694. Ohio Street. .King Hill avenue .... 48.00 .Pryor avenue 21.00 .Gordon avenue 12.00 . . .Carnegie H-^O . . .Grant street 9.50 Lake avenue 8 . 00 .. .East R. of W. line of C, R. L & P. Ry Oxford Street. Russell Street. .King Hill aven'ip 55.00 670. 735. 735 . 801. 546. 546. Texas Avenue. ..King Hill avenue.... 30.00 Vassar Street. . . Tennessee 104 . 00 . .Belding 114.00 Virginia Street. ...King Hill avenue 46.00 Alleys. ...Between Third and Fourth streets, block 38, St. Joseph Exten- sion addition, north line St. Joseph Exten- sion addition 156.00 . . . Between Third and Fourth streets, block 42, Original Town, 90 feet north of Francis. 57.50 ART. II. GRADES. 419 Alleys — Cont'd. G. O. No. Feet 546. .. .Between Fourth and Fifth streets, block 49, Original Town, 88 feet south of Jules. . . 72.50 546 110 feet south of Jules 72.00 546. .. .Between Fourth and Fifth streets, block 47, Original Town, 100 feet north of Faraon .111.00 546. .. .Between Sixth and Seventh streets, block 16, St. Joseph Im- provement addition, intersection of alleys in said block 79.00 546. .. .Between Sixth and Seventh streets, Bge's addition, north line of lot 21 141.50 546. .. .Between Eighth and Ninth streets, block 19, Smith's addition, 120 feet north of Far- aon 110.00 546. .. .Between Eighth and Ninth streets, block 21, Smith's addition, intersection of alleys. 66.00 546. .. .Between Ninth and Tenth streets, Sny- der tract, 186 feet north of Robidoux street 119.00 546 140 feet north of Ro- bidoux 120.00 546 70 feet north of Robi- doux 121.75 546. .. .Between Ninth and Tenth streets, block 33, Smith's addition, half way between Fe- lix and Francis 62.50 G. O. No. Feet 546. . . .B e t we e n Eleventh and Twelfth streets. Fink's addition, inter- section of alleys) in said block 106.00 546 Between Eleventh and Twelfth streets, block 57, Smith's ad- dition, 180 feet south of Angelique 140 . 00 546 ....Between Lafayette and Seneca streets, block 11, Wyatt Park addition, 175 feet west of Twenty-seventh ..110.00 546 ....Between Lafayette and Seneca streets, block 12, Wyatt Park addition, 300 feet west of Twenty-eighth 138.00 546. .. .Between Olive and Lafayette streets, block 9, Wyatt Park addition, 375 feet east of Twenty-seventi; or 225 feet west of Twenty-eighth 129 . 00 546 100 feet west of Twenty-eighth 142 . 50 546 .... Between Penn street and Mitchell avenue, block 15, Wyatt Park addition, 175 feet west of Twenty-seventh . . .131.00 546 Between E i g h teenth and Nineteenth, 195 feet south of Penn... 69.00 584. . . .North and south alley in block 2, Avenue ad- dition, at the intersec- tion of said alley with the alley lying south of lot 26, block 2, Ave- nue addition 109 . 00 420 REVISED ORDINANCES. CHAP. XIX. Alleys — Cont'd. G. O. No. Feet 584. . . .Alley between Four- teenth and Mount Mora road at the north line of lots 3 and 35j block 2, ave- nue addition 130.00 587.... In block 1, Herman's addition, at a point 300 feet east of Twen- ty-fourth street 95.00 603. .. .Between Patee and Mary streets and be- t w e e n Twenty-sixth and Twenty-seventh streets, 250 feet west of the west line of Twenty-seventh street 96.00 613. .. .Between Edmond and Felix and Fourteenth and Fifteenth at a point sixty feet north of the north line of Edmond 154.00 613 120 feet north of north line of Edmond street 153.00 620. .. .Between Olive and Patee and Twenty- fourth and Twenty- sixth streets, 320 feet west of the center line of Twenty-sixth street 79.00 682 First alley south of Buchanan avenue, be- tween Sixteenth and Seventeenth streets, 160 feet east of Six- teenth 111.00 684. . . .Alley between Seneca and Penn and Twen- ty-seventh and Iwen- ty-eighth, 160 feet west of Twenty- eighth 154.00 G. O. G92., (01. . 706. 706. 706. 744. 744. 747. . 747. 751 No. Feet ..Alley between Penn and Mitchell avenue, 200 feet east of Twen- ty-seventh 138.00 ..Alley between Third and Fourth and be- tween Dolman and St. Paul streets, 120 feet south of the south line of Dolman 152.00 . .Alley between Jules and Francis ani be- tween Twenty-second and Twenty-fourth, 120 feet east of the east line of Twenty- second street 147 . 00 . .240 feet east of the east line of Twenty- second street 144 . 00 . . 120 feet west of the west line of Twenty- fourth 121.00 ..Between Jules and Francis, 295 feet east of Twenty-eighth 78.50 . . Between Jules and Faraon, 295 feet east of Twenty-eighth 80 . 50 ..Between Penn and Seneca, Twenty- seventh to Twenty- eighth, 100 feet east of east line of Twen- ty-seventh 128.50 ..Between Penn and Seneca, Twenty- seventh to Twenty- eighth, 200 feet east of the east line of Twenty-seventh 137 . 50 . . Highland avenue and Dolman, Third and Fourth, at intci sec- tion of alleys 149.00 ART. II. GRADES. 421 Alleys — Cont'd. G. O. No. Feet 690.... Alley between Jones and Highly, 200 feet west of Nineteenth street 1G5.00 781 Through block 1, Sax- ton Heights, at a point 120 feet north- westerly from west line of Ashland ave- nue 195.. 50 781. . . .At a point 150 feet east line of Twenty- sixth 181.00 787.... Alley between Tenth and Eleventh, block 41, Smith's Intersec- tion of center line of alley with the center line of alley running east and west through the east half of said block 41 121.00 808.... Alley between Twen- ty-fourth and Twenty- fifth, at a point 150 feet north of the north line of .Jones street. .182.00 812.... Alley between Twen- ty-fourth and Twenty- fifth, at a point 60 feet north of the north line of Union street. .184.00 G. O. No. Feet 813.... Alley between Seven- teenth and Eigh- teenth, at a point 120 feet south of south line of Charles 155.00 814.... Alley between Tenth and Eleventh, at a point 321 feet south of south line of Grand avenue 71.00 814.... Alley between Tenth and Eleventh, inter- section of said alley and Woodson street. .103.00 814.... Alley be+ween Tenth and Eleventh, inter- section of said alley with south line Fair Groimds addition ....146.00 810.... In north and south alley through block 59, Robidoux, and block 1, St. Joseph Extension, at the east and west section line. 181. 00 861.... Alley between Jones and Highly, at a point 100 feet east of Nineteenth street ...168.00 861.... Alley between Jones and Howard, at a point 100 feet east of Nineteenth street ....144.00 422 REVISED ORDINANCES. CHAP. XIX. ARTICLE III GRADING, IMPROVEMENT AND REPAIR OF STREETS. Section 519. Grading, how performed. Curbing, shall consist of what. Guttering' to be done in what manner. Macadamizing, to be done in what manner. Crossgutters, how and of what to be made. 520. 521. 522. 523. Section 524. 525. 526. 327. Crosswalks shall conform to specifications. Crosswalks, how and what 'to be made of. Tax bills to be issued how. Same; duties of city engineer. Sec. 519. Grading, how performed. — Whenever the mayor and conmioii council shall, by ordinance, direct any street, avenue or alley to be prepared for the macadamizing, curbing and gut- tering, those portions above grade shall be excavated, and those below grade shall be filled up, under the direction and supervis- ion of the city engineer, until the desired grade is obtained. All excess of material in any street shall be deposited in such places as the city engineer may direct. The roadway shall be so shaped and rounded, and the sidewalks brought to such grade and width as will be indicated by the stakes set and the instructions given by the city engineer for that purpose. The grading of each block shall be fully completed before any macadamizing is laid on, and no stones shall be broken on the streets under contract, unless the city engineer shall give his permission, in writing, to that effect. [R. 0. 1897, Chap. 34. Art. 3, Sec. 1]. Sioc. 520. Curbing, shall consist of what. — The material for the curbing shall consist of the best quality of artificial stone, lime or sand-stone, free from §eams, clay or shale, and perfectly sound in every respect. No stone shall be less than twenty-four inches deep and thirty inches long, and the top, after being dressed, shall be at least five inches thick. The whole face and top shall be hammered, sawn or dressed, and the back for a space of four inches below the top, shall be brought to a uniform surface, so as to fit closely to a brick or stone sidewalk. The plane of the top shall make, with the face, an angle of 102 degrees, to be varied as the city engineer may direct, and the top shall be set so that it ART. III. GRADING. 423 shall correspond to the plane of the sidewalk paving. No stone shall be less than five inches thick at the base ; the joints shall be truly vertical, and so dressed as not to show an opening exceeding half an inch anywhere above the guttering. [R. O. 1897, Chap. 34, Art. 3, Sec. 2] . Sec. 521. Guttering, to be done in what manner — The ma- terial used for the guttering shall consist of either lime-stone, fully as good as that used for curbing, or hard burned vitrified brick, as the common council may direct; if limestone be used the stone shall be hammer dressed on its entire upper surface, and so dressed and shaped at the curb side as to fit closely thereto througliout its entire thickness; the joints shall be correctly at right angles to the line of the curb, and shall be so dressed that no opening shall exceed half an inch ; the gutter stones shall break joints with the curb stones; and the gutter shall not be less than three and one-half feet wide ; no stone shall be less than eight inches long, six inches wide and nine inches thick ; the side of the guttering next to the macadamizing shall be brought to a true line and elevated five inches higher than the curb side, unless the city engineer shall otherwise direct. The gutter stones shall be set on a base of not less than four inches of sand^ and all intersections shall be thoroughly filled with clean sand, swept in and rammed down. If brick be used, the brick shall be hard burned vitrified brick two inches by four inches by eight inches in size, laid in two courses in clean, sharp sand in the same manner as required for street pavement or of the same quality of brick made in special shapes and sizes for this purpose as may be deter- mined from time to time by the city engineer. The oide gutter shall be not less than three and one-half feet wide, and the side next to the macadamizing shall be brought to a true line and elevated at such height above the curb side as the engineer may direct. The cross gutters shall be of such shape and dimensions as may be ordered by the city engineer. [G. O. No. 723, Sec. 3]. Sec. 522. Macadamizing, to be done in what manner. — Be- fore macadamizing the roadbed shall be thoroughly settled, so as to have a compact and uniform surface, and the macadamizing shall not be commenced until the city engineer has approved of the roadbed. The material for macadamizing shall consist of clean, sound limestone, broken to a size sufficiently small that each 424 REVISED ORDINANCES. CHAP. XIX. stone may pass throuoli a ring four inches in diameter, to be at least six inches in depth next to the guttering, and to be gradually increased to the depth of ten inches in the center of the roadway ; the rock to be laid as close and compact as possible. Second : A layer of sound lime-stone rock, broken as near as possible to a size so as to pass through a ring of one and one-half inches in diameter, shall be laid over said rock to a depth of five inches next to the guttering and to be increased to a depth of eight inches in the center; the layer of rock constituting the roadway, as above described, and the layer of broken stone placed over it, shall, when completed, describe as near as may be the segment of a circle in its upper surface, having a depth of eleven inches at the guttering and a depth of eighteen inches in the center of road- way; and as each block is finished it shall be top-dressed with one inch in depth of bluff, thoroughly rolled. The whole shall be executed under the supervision and agreeably to the city en- gineer, to whom the right is reserved of making, in the foregoing specifications, any alterations that to him may seem expedient or necessary, [R. 0. 1897, Chap. 34, Art. 3, Sec. 5]. Sec. 523. Crossgutters, how and of what to be made. — Cross- gutters which may hereafter be constructed in the streets, alleys or highways of the city of St. Joseph, shall be constructed of the materials and laid in the manner provided in one of the three sets of specifications following, as the common council may at the time direct : (a). Shall consist of paving stone as prescribed in section 521 of this article, and laid as therein provided. (b). Shall consist of two courses of hard burned brick, suit- able for street paving, and laid in snnd in the manner prescribed for street paving brick. (c). Shall consist of a course of hard burned brick, suitable for street paving, laid in sand upon a bottom course of broken stone filled with sand. All gutters across streets shall be no more than eight inches in depth, with a sufficient surface nt the bottom to carry the water off the street, and shall be gradually widened to the top, so as not to incommode the use of vehicles. ART. Ill GRADING. 425 The details of work under specifications A, B and C, above mentioned, shall strictly conform to those set forth in like lettered specifications in section 525 of this article, excepting only as to the conformation and finished surface of the work. [R. 0. 1897, Chap. 34, Art. 3, Sec. 6]. Sec. 524. Crosswalks shall conform to specifications. — All crosswalks hereafter to be laid and constructed in the city of St. Joseph shall conform to the one of the four sets of speeifieations following, as the common council may direct. [R. 0. 1897, Chap. 34, Art. 3, Sec. 7]. Sec. 525. Crosswalks, how and what to be made of. — Cross- walks shall consist of the materials named in the four following specifications. A, B, C and D, and laid and constructed as therein set forth respectively : (a). Shall consist of stone flagging and paving stone laid in sand, as follows: two i)arallel rows of flagging placed end to end across the street from curb to curb, and sepui'ated by two rows of paving stones : there shall also be placed a single row of paving- stones along the outer edge of each row of flagging; the flagging shall be of sound limestone, laid upon its natural bed, the flags to be hammer dressed or saAvn upon the entire upper surface ends and edges, not less than thirty-six inches long, eighteen inches wide and eight inches thick, the width to be practically uniform for each row of flags throughout its length. The paving stone shall conform strictly to the requirements of section 530 of this article for guttering stone ; the whole shall be laid upon a bed of not less than four inches of coarse sand, and all interstices filled with coarse sand swept in, and the stones and flags rammed down thoroughly, so that the finished surface of the crosswalks shall be as follows : the center line of the crosswalks shall remain one inch and one-half above the finished surface of the macadam or graded roadway, the outer edge of each row of flags shall be one- half inch above the macadam or graded roadway, and the outer row of paving stone shall be so dressed that its outer edge shall be one-quarter of an inch above the macadam or graded roadway ; towards the ends of the crosswalks they shall conform to the sur- face of the gutter. 426 REVISED ORDINANCES. CHAP. XIX. (b). Shall consist of hard burned brick of suitable quality for street paving, laid in sand as follows: first the foundation shall be graded to the proper depth, and thoroughly rammed if deemed necessary by the city engineer, then covered with at least four inches of coarse sand; upon this shall be laid one course of brick upon the flat side, corresponding in direction with the length of the street ; the joints of this layer shall be filled with sand and thoroughly swept in, upon this shall be spread a layer of coarse sand at least one inch thick, upon which shall be laid the top course of brick upon edge, and at right angles to the street; the joints of this course shall be then filled with sand thoroughly swept in, after which the whole shall be thoroughly raaimed with a heavy rammer, striking upon a board, and then covered with one-half inch of sand. Brick crosswalks shall be five feet wide as near as may be, including two white or burr oak barge boards, three inches thick, one on each side of the brick work, extending from curb to curb or from gutter to gutter. The wotk shall be so laid to conform, after ramming, to the surface of the street as follows : The center line of crosswalks shall be one and one-half inches above the adjacent macadam or graded roadway, and the outer edge of each barge board, after being beveled three-eighths of an inch, shall conform to the surface of the macadam or graded roadway. (c). Crosswalks may be of hard burned brick suitable for roadway paving laid in sand, on a broken stone base as follows: the sub-grade shall be excavated to the proper depth and thor- oughly rammed if deemed necessary by the engineer. On the sub- grade shall be laid a six inch course of stone broken to pass a four inch ring, the interstices filled with coarse sand ; on this shall be placed a two inch course of stone broken to pass through a one and one-half inch i-iiig, and the interstices filled with coarse sand ; upon this shall l)e spread a layer of sand one and one-half inches thick and on this Inyer of sand a course of brick on edge, ];iid at i-ight angles to the direction of the street, the joints to be filled with cotirse sand thoroughly swept in; the whole walk shall then be thoroughly ramnuHl with a heavy rammer striking a plank and covered with one-half inch layer of sand. The walk shall be five feet Avide including the barge boards of the kind described in specification B above and laid as therein required ; the surface of the crosswalks shall conform as that described in specification ART. III. GRADING. 427 B above. AVhenever a crosswalk and crossgutter adjoin, then one of the barge boards prescribed for crosswalks shall be omitted. (d). Wooden or second-class crosswalks shall be constructed of four courses of two by eight inch white or burr oak plank ex- tending from sidewalk line to sidewalk line and supported on two by eight inch cross plank or sleepers of same material. The cross pieces shall have tAvo of the corners suitably beveled ofit' so that the two inside planks shall lay horizontal and the two outside planks on a bevel to allow of the easy crossing of vehicles. The sleepers shall be placed every four feet across the length of the crosswalk. The crosswalks shall so conform to the actual lay of the roadway as to cause as little grading as possible. [R. 0. 1897, Chap. 34, Art. 3, Sec. 8]. Sec. 526. Tax bills to be issued, how. — Whenever the muni- cipal assembly shall, by ordinance, cause to be graded, construct- ed, reconstructed, macadamized, paved or otherwise improved, any street, sidewalk, alley, avenue or highway, or parts thereof, within the city as authorized and empowered to do under the gen- eral law appicable to cities of the second class, the costs of which may be charged as a special tax upon adjoining lauds, according to the frontage thereof on the sidew^alk or alley, or may be charged as a special tax on lands on both sides of and adjoining the street, avenue or highway, as provided in section 5662 Revised Statutes of 1899, the owner of any lot or parcel of ground fronting on such street, may within ten days after the letting of the contract for such work, notify the city engineer that he desires to pay for such work in five annual payments, then the city engineer shall make out five separate special tax bills, each for one-fifth part of the cost for such work, bearing interest at such rate as shall be fixed in each case by ordinance, not to exceed ten per cei.t on each payment from date of issue to date of payment, said interest to be payable semi-annually, on the first days of February and July of each year, at the office of the city treasurer, and if default be made in the payment of interest due on either of said days, then the principal and interest on special tax bills shall become then and there due and payable, and may be collected as provided by law. fG. 0. No. 717, Sec. 1]. 428 REVISED ORDINANCES. CHAP. XIX Sec. 527. Same; duties of city engineer. — After a contract has been made for the grading of any street, avenue or highway, or part thereof, exclusive of the grading of sidewalks thereon, the city assessor shall assess the value of all the property to be charged with the costs thereof, exclusive of the improvements thereon, and deliver the same to the city engineer, and when such grading shall be comj)leted, the city engineer shall compute the cost there- of, and apportion such cost among the several lots or parcels of property to be charged therewith according to the value thereof fixed by the city assessor as aforesaid, and charge each lot or parcel of property with its proper share of such costs. When work other than grading, as last aforesaid, shall be completed under authority of the law governing cities of the second class, the city engineer shall compute the cost thereof and apportion the same among the several lots or parcels of land to be charged therewith, and charge each lot or parcel of property with its proper share of such costs according to the frontage of the prop- erty. The city engineer shall, after so apportioning and charging the costs of any work, make out and certify special tax bills ac- cording to such apportionment and charge the same in favor of the contractor to be paid against the several lots or parcels of land charged, and register the same in full in his office, and deliver such bills to the party in whose favor issued for collection, and take his receipt therefor at the foot of the register ihereof, in full of all claims against the city on account of said work ; each tax bill shall contain a description of the lot or parcels of land against which it is issued, full and correct enough to identify the same. [G. O. 717, Sec. 2]. ART. IV. EXCAVATING IN STREETS. 429 ARTICLE IV. EXCAVATING IN STREETS. Section 51-'8. Excavations, permit for — regu- lation of. Applicant for permit must file bond. Permit must be kept on the work; returned, when — plat or plan of work to be sub- mitted, when. Fees for permits. Application shall state when work to be commenced — work treated as defective, when. 529. 530. 531. 532. Section 533. Penalty for violalon of fore- going section. 534. Excavations shall l.e guarded, how; red lights to be main- tained. 535. Not to affect ordinance gov- erning sewer work. 536. Permits for hitching posts and shade trees. Sec. 528. Excavations, permit for, Regulation of> — No per- son, partnership, corporation or association, including corpora- tions or other persons possessing franchises under the city of St. Joseph, authorizing the laying of tracks, the setting of poles, the laying of conduits, pipes or mains or service pipes connect- ing therewith in the streets, alleys or public places of this city, shall disturb the surface, take up any sidewalk, roadway paving or any part thereof, in any street, alley or public place, nor shall dig or make any excavation, hole, ditch or trench in or under any street, alley, or other public place in said city, cr remove therefrom any sod, earth or other substance without a written or printed permit so to do from the board of public works. The permit herein required shall be issued only upon the written request of the applicant or his agent, or in case of corporations, some officer thereof, and in which request the applicant shall agree to save the city of St. Joseph harmless from all damages which may accrue to any person or property by reason of such disturbance, digging, excavating or interfering wi+h the natural surface or with the sidewalk or roadway pavement, or by reason of any failure to replace the same in safe and secure condition, and said applicant shall further agree to rep'ace all material and any pavement or other improvement removed or disturbed, in as good condition as before and in the manner which shall be prescribed by the board of public works, and that in case 430 REVISED ORDINANCES. CHAP. XIX. any material, paving or other improvement removed or disturbed, is not suitable, in the judgment of the board of public works, to be used again in the backfilling, repaving or replacing of any improvement, such material, paving or other improvement shall be at once removed and other of approved nature and quality provided in its place. [G. O. No. 816. Sec. 1]. Sec. 529. Applicant for permit must file bond. — The ap- plication of any individual, individuals or unincorporated asso- ciation must bear the endorsement of the comptroller of the city of St. Joseph that a bond in the sum of five hundred dollars, approved by said comptroller, has been filed in his office as security that said applicant will well and truly perform and comply with each, every and all the conditions of the permit issued to him or them and i)rescribed in this ordinance ; Provided, that any licensed plumber may file with the city comptroller a bond in the penal sum of two thousand dollars, with at least two securities, to be approved by said city comptroller, con- ditioned in every respect as the bond of five hundred dollars in said ordinance mentioned, which said bond of $2,000 shall be held as indemnity by said city to apply to and cover all permits issued to such licensed plumber, and upon the filing of such bond by any licensed plumber, the comptroller's certificate, as hereinbefore provided for, shall not be required of such licensed plumber, but he shall make application for the permit and pay for the same for each opening of a street or other work in the same manner as is provided for all other persons in this ordinance. In addition to the bond above required, every person, company or corporation making application for a permit shall deposit with the board of i)nblic works the sum of twenty-five dollai's ($25.00) (or such larger amount as in the opinion of the board of public w^orks the magnitude of the work contemplated requires), in cash or certified check for the same amount. If the party making the excavation, hole, ditch or trench desig- nated in the permit does not replace the earth excavated and the paving torn up and leave the street, avenue or alley in the condition as specified by ordinance and as required by the board of public w^orks, said party shall be notified in writing by the ])()ai(l of public works that the work has not been properly done and if the said party shall neglect, fail oi- refuse to do the woi'k in the manner required within forty-eight hours from the date ART. IV. EXCAVATING IN STREETS. 431 of the written notice the board of public works shall cause the work to be done by some competent person or persons and shall pay for said work out of the amount deposited by the party to whom the permit for doing the work was issued; Provided, that the board of public works shall be the sole judges as to whether the work has been done properly and substantially; and, pro- vided further, that no other permit shall be issued to the person, corporation or company whose deposit has been wholly or in part used for the purpose mentioned until the amount deducted from said deposits be made good. The board of public works may at its discretion return the full amount or balance of de- posit to the party who deposited the same. [G. 0. No. 816, Sec. 2]. Sec. 530. Permit must be kept on the work; returned, when — plat or plan of work to be submitted, when. — The board of public works shall preserve in their office all applications made, and all permits issued shall be detached from the stubs, which shall at the time of issue be filled out in full as the permit itself, and be bound in books, and said stub books preserved in their office. Such permit and stub shall be regularly numbered in the order issued, and such permit must be kept upon the work and exhibited to any police officer or inspector asking for the same, and although a permit may have been issued, if not kept con- stantly upon the work, such work shall be deemed as done with- out a permit. Upon the completion of the work the permit shall be returned to the board of public works endorsed with the name of the plumber, mechanic or foreman performing the work or overseeing the same, and upon failure so to do the board of pub- lic works may refuse to issue any future permits to the appli- cant or for work to be done or overseen by said plumber, me- chanic or foreman. The board of public works may require that a plat or plan of the work anticipated shall be submitted, and if not so submitted, or if for good reasons not meeting their ap- proval (which reasons shall be endorsed upon said plans), may withhold the permit. All plans submitted may be required by the board of public works to be upon a certain convenient scale and of a material suitable for binding; and all plans, both ap- proved and unapproved, shall be preserved by the board of public works in their office. [G. 0. No. 816, Sec. 3]. 43 i REVISED ORDINANCES. CHAP. XIX. Sec. 531. Fees for permits. — No permit shall be issued un- less the applicaul shall at the time pay to the board of public works the sum of one dollar therefor; Provided, that for permits issued for repairs to sewers, drains, gas or water pipes no charge shall be made. All money received by the board of public works for such permits shall be paid into the city treasury monthly, at which time he shall file with the city auditor a statement in Avriting of the sums received for the preceding month, giving the date when, and name of person from whom received, and shall take triplicate receipts for said money, one of which shall be filed with the city comptroller, one with the auditor and the other they shall retain. [G. 0. No. 816, Sec. 4]. Sec. 582. Application shall state when work to be com- menced, work treated as defective, when. — All applications shall state upon the face the time at which work under the permits is intended to be commenced and said permit shall not take effect until such time so stated, in order that an inspector may be on the ground to see that the work is properly done ; and should work not be commenced at the time set, the facts shall be re- ported at once to said board of public works and another time appointed for doing the same ; and any work done without notice to the board of public works as aforesaid or without inspection by some one duly authorized by them, shall be treated as defec- tive work, and they may require the same to be uncovered, and if need be, reconstructed at the expense of the applicant, or party to whom the permit was issued. [G. 0. No. 816, Sec. 5]. Sec. 533. Penalty for violation of foregoing- sections. — Any person who shall violate any of the provisions of the foregoing sections of this ordiiumce shall, for each offense, be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars. [G. O. No. 816, Sec. 6]. Sec. 584. Excavations shall be guarded, how — red lights to be maintained. — Every pei-son who shall make any excavation in any street, alley or other public place in said city, yhall cause the same, together with the material taken therefrom or to be used therein, to be so guarded and protected by day and night as to be secure against danger to life or limb and designated by ART. V. OBSTRUCTION OF STREETS. 435 Sec. 589. Putting- building in street. — No person £.-liall erect or place any l)\ul and the charge for such license shall be as follows : For all su^h banking corporations, associations or institutions, and for the privilege of 478 REVISED ORDINANCES. CHAP. XXVII. carrying on the business of the same, there shall be paid to said city an annual license the sum of seventy-five dollars. [R. 0. 1897, Chap. 9, Sec. 1] . Sec. 637. Abstracter. — No person, firm or corporation shall engage in or carry on the business of an abstracter of titles with- out a license therefor from said city, and the chargo therefor shall be twenty dollars per year. [R. 0. 1897, Chap. 1 Sec. 1]. Sec. 638. Enlarg"ing pictures or photographs — license. — No person shall in this city carry on or engage in the occupation of enlarging pictures or photographs, or soliciting orders for enlarg- ing pictures or photographs, to be done by himself or others, with- out a license therefor, and the charge for such license shall be fifteen dollars per year. | R. 0. 1897, Chap. 58, Sec. 1]. ■ Sec. 639. Livery stables. — It sliall not be lawful for any per- son, firm or corporation to carry on or conduct the business of a livery stable in this cit}'' without a license therefor, and the charge for such license shall be twenty-five dollars per year, and no license shall be issued for a less period than one year. Such license shall permit the doing of a regular livery business, includ- ing the boarding of horses, but shall not be held to permit the running thereunder of a regular street hack, hackney carriage or omnibus. [R. 0. 1897, Chap. 44, Sec. 1]. Sec. 640. Same — penalty. — Any person violating, failing, neglecting or refusing to comply with any provision, regulation or requirement of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one dollar nor more than twenty-five dollars. [R. 0. 1897, Chap. 44, Sec. 2]. Sec. 641. Peddler defined. — Every person who shall sell or offer any goods, wares, merchandise or other things or articles of value for sale, barter or exchange, at any place in, upon, along or through the streets, avenues or alleys by going from place to place to sell or dispose of the same shall be deemed a peddler. [R. 0. 1897, Chap. 57, Sec. 1]. LICENSES. 479 Sec. 642. License required. — It shall not be lawful for any peddler to exercise his calling within the limits of the city of St. Joseph without a license therefor from said city. Any person violating this section shall, upon conviction, be fined not more than ten dollars for each offense, and each sale or attempt to sell shall constitute a separate offense. [R. 0. 1897, Chap. 57, Sec. 2]. Sec. 643. Amounts charged therefor. — The charge for a peddler's license shall be as follows: First — Peddler of merchandise tlfty dollars per year, or ten dollars for one month. The word "merchandise" shall be con- strued to mean any article to be found in any branch of the mer- cantile business, or any article that may be classed as goods, wares or merchandise. Second — Peddlers of ice cream, lunches or popcorn, ten dol- lars per annum, payable semi-annually. Third — Peddlers of fish, fifty dollars per year. Fourth — Peddler of lightning rods, one hundred dollars per year. Fifth — Peddler of horseradish or hominy or both, two and one-half dollars per year. [G. 0. No. 609, Sec. 3j. Sec. 644. Non-resident canvassers, license for. — No person not a resident of St. Joseph shall engage in the business of selling goods, wares or merchandise at retail within said city when so- liciting orders for the sale of same at the hotels or other stated places, or by canvassing from house to house in said city without first obtaining a license therefor as herein prescribed; and any person violating the terms of this section and failing to so obtain a license shall be deemed guilty of a misdemeanor, and upon con- viction shall pay a fine of not more than two hundred dollars ($200.00) for everj^ day he engages in soliciting orders for or sell- ing goods, wares and merchandise as hereinbefore described with- out first having obtained a license therefor as herein prescribed, which said license shall be in the sum of fifty doUars ($50.00) for 480 REVISED ORDINANCES. CHAP. XXVII. each and every day such non-resident is so engaged as aforesaid, and shall be issued by the same officers and in the same manner as other licenses are now issued. [G. O. No. 822, Sec. 1] . Sec. 615. Peddling of fresh meats prohibited, when. — The peddling of fresh meats is hereby prohibited except in the months of November, December, January and February of each year, and the charge for a license for such period of four months shall be twenty-five dollars. No license for the peddling of fresh meats shall be issued for a less sum then twenty-five dollars: provided, that this section shall not prevent the sale by farmers or persons living in the country who bring and sell their own meat slaughtered by themselves, and sell it from the wagon in the city. [R. O. 1897, Chap. 57, Sec. 4]. Sec. 646 Storage house. — No person, firm or corporation shall engage in or carry on the business of keeping a storage house within this city without first having obtained a license therefor, and the charge for such license shall be twenty-five dollars per year. Any person, firm or corporation who receives or adver- tises to receive goods, wares, merchandise, household goods or other personal property to be stored and kept for the owner or other person for pay or compensation shall be deemed a keeper of a storage house. [R. 0. 1897, Chap. 71, Sec. 1]. Sec. 647. Express or telegraph company must have license. — It shall not be lawful for any express or telegraph company, or its agency, to transact any express or telegraph business within the limits of the city of St. Joseph without first having obtained a license therefor according to the provisions of this ordinance un- der penalty of not less than one hundred dollars nor iuore than five hundred dollars for each offense. [R. O. 1897, Chap. 73, Sec. 1]. Sec. 648. Same — license. — Every express and telegraph company, or agency, doing an express or telegraph business in the city of St. Joseph, shall pay to the city collector for the use of said city for a license to transact such express or telegraph bus- iness the sum of one hundred and fifty dollars per annum; and every license issued under the terms of this chapter shall expire on the first day of January next following the date of its issue. [R. 0. 1897, Chap. 73, Sec. 2]. LICENSES. 481 Sec. 649. Property of to be taxed. — Each and every express and telegraph company, or agency therefor, transacting business in the city of St. Joseph, in addition to the license provided for in this chapter, shall be taxed upon the assessed value of ad real and personal property owned b3^ any such express or telegraph com- panies within the limits of said city. [R. 0. 1897, Chap. 73, Sec. 3]. Sec. 650. The word ' * person ' ' defined. — The word ' * person, ' ' wherever used herein, shall iuclude the plural number and cor- poration in all cases where the words corporation or corporations are not used. [R. 0. 1897, Chap. 43, Sec. 8]. Sec. 651. Term of licerse, etc. — All licenses issued by this city shall terminate and expire one year from the time such bus- iness was commenced, or in case of a renewal one year from ex- piration of the former license, except when it is especially pro- vided for a shorter period than one year. The date of expira- tion, together with the date of issue and the name and address of the licensee, shall be plainly written in the license and no license shall be issued for a less sum than two and one-half dollars. Any license issued contrary to the provisions herein contained shall be deemed void. [R. 0. 1897, Chap. 43, Sec. 9]. Sec. 652. All licenses to be posted. — It is hereby made the duty of all persons, companies or corporations doing business in this city, and required under the ordinances of the city to take out a license therefor, to post such license in a conspicuous place at their place of business. Provided, that any person engaged in any calling not requiring a settled place of basincss shall carry his license with him while engaged in the transaction of such business, or have it readily accessible when called upon to show it by any police or other officer of the city. Any nerson, company or corporation who shall fail, neglect or refuse to comply with the provisions of this section shall, upon conviction, be fined in a sum not exceeding five dollars. [R. 0. 1897, Chap. 43, Sec. 10]. Sec. 653. Inspector of licenses must keep a record, etc. — The inspector of licenses, weights and measures siiall keep a book containing a complete and perfect record of all licenses issued, showing the nature of the license, its date, expiration and to whom 31 482 REVISED ORDINANCES. CHAP. XXVII. issued. In order that said record shall be complete and perfect the city auditor shall furnish said inspector, at the end of every week, a complete list of all licenses issued during- each week. showing the nature of the license, its date, expiration and to whom issued. At the end of each month both said auditor and .said inspector shall furnish the city attorney a list of all persons delinquent in license dues. [E. 0. 1897, Chap. 43, Sec 11]. Sec. 654. License must be paid for. — The city auditor shall not furnish any license until the party applying for the same shall have paid into the city treasury the sum of money charged therefor by ordinance. [R. 0. 1897, Chap. 4-3, Sec. 12]. Sec. 655. Treasurer must give receipt. — Tlie cit> treasurer shall, upon payment to him of the charge for any license, give a receipt, stating the amount paid, the nature of the license desired, for what time and to whom to be issued. The receipt shall be delivered to the city auditor, who shall at once issue to the proper party the license desired. [R. 0. 1897, Chap. 43, Sec. 13]. Sec. 656. License to be signed by auditor. — All licenses shall be signed by the city auditor and countersigned by the city comp- troller, and shall be invalid for all purposes until so signed and countersigned. The comptroller shall prescribe the form of all licenses. [R. 0. 1897, Chap. 43, Sec. 14]. Sec. 657. Auditor to keep record of licenses. — The auditor shall keep a register of all licenses, showing their nature, date, expiration and to whom issued. [R. O. 1897, Chap. 43, Sec. 15]. Sec. 658. Auditor shall preserve receipts. — The auditor shall presei-ve the receipts given by the treasurer for charges j^aid for licenses, and shall immediately charge the treasurer with the amount of such receipts. [R. O. 1897, Clia|). 43, Sec. 16]. Sec. 659. May be issued to two or more jointly. — A license may be issued to any coi-poi-ation, association or partnership, or to two or more jiei'sons engaged in any joint enterprise, the same as to a single person and for the same charge. [R. 0. 1897, Chap. 43, Sec. 17]. LICENSES. 483 Si'X'. 660. Will protect employe, when. — Licenses in favor of employers shall i:)roteet the employe of the person, partnership, association or corporation, including officers of corporations en- gaged b}^ the licensee or licensees in conducting or carrying on the business, trade or vocation licensed, at the place named in the license, except where such employe receives compensation other than a regular salary. [R. 0. 1897, Chap. 43, See. 18]. Sec. 661. Shall specify location — how transferable. — All licenses hereafter issued under any ordinance of this city shall state the street and street number or locality where business is authorized to be carried on under such licenses, and the same can only be used by the party or parties to whom issued : Provided, that whenever a party to whom such license may be issued shall sell his stock and business in good faith he may, with the ap- proval of the license inspector, transfer the license to the pur- chaser, who can use such assigned license only at the stand or place mentioned therein ; the license inspector shall report all such transfers to the auditor and comptroller, who shall keep a record of all transfers. [R. 0. 1897. Chap. 43, Sec. 19]. Sec. 662. Penalty for violating, etc. — Any person who shall violate, fail, neglect or refuse to comply with any provJij^on, regu- lation or requirement herein contained shall be deemed guilty of a misdemeanor, and upon conviction thereof shali, i]i case the defendant is prosecuted for having failed to take out and have a license authorizing such person to conduct such business or avo- cation, be fined in a sum not less than the smallest amount herein required to be paid to procure such license, except where other, wise specifically provided, and in any other case where no special penalty is provided a sum not less than five dollars nor more than one hundred dollars ; provided, that whenever any person shall be brought before the judge of the police court charged with carrying on any business or avocation herein specified without having a license therefor, and such person shall after his arrest procure the license required, and shall enter a plea of guilty to such charge, said judge shall, in addition to costs, enter a fine against said person of not to exceed twenty-five dollars.. [R. 0, 1897, Chap. 43, Sec. 20]. 484 REVISED ORDINANCES. CHAP. XXVIII. CHAPTER XXVIII. MARKETS. Article I. Markets; regulationd for. Article II. Market master. ARTICLE I. MARKETS— REGULATIONS FOR. and location of Section 663. Designation markets. Market master to keep plat of premises. Public buildings committee to fix rental of stalls, etc. Market stalls, etc., time of let- ting. Market spaces limited. Market stalls, cleaiilmess of to be enforced. Use of certain lights and oils prohibited in cit> hall. Lease adjudged forfeited, when. Penalty for occupying forfeited stall. Market, open when. €64. 66£ ■666. 667. •668. 669. €70. 671. 672. meats, sale of Section 673. Unwholesome prohibited. Killing and dressing animals, throwing of offal, etc. No "gut fat, ' heads or shanks permitted at, etc. Lessees only to sell fresh meat, etc. Stalls to be painted and white- washed. Vegetable stands. Vehicle to stand as directed; price for each attendance. Hay market. Same; vehicles to stand as directed, fees, etc. Penalty. 674. 675. 676. 677. 67S. 679. 680. 681. 682. Sec. 663. Markets — designation and location of. — The west half of block number thirty-one, in the original town, now city of St. Joseph, designated as the Market Square on the plat of said town, together with the buildings thereon, are constituted and established as the Central market; the east half of block num- ber thirty-seven, in Patee's addition, designated as market place ■on the plat of said addition, together with the buildings thereon, are constituted and established as the Patee market. [R. 0. 1897, €hap. 45, Art. 1, See. 1] . Sec. 664. Market master shall keep plat. — The market mas- ter shall keep a plat of the Central Market premi;ies, desig- nating on said plat the space to be occupied by wagons severally, and stands and stalls outside and within. [R. O. 1897, Chap. 45, Art. 1, Sec. 2]. ART. I. MARKETS. 485 Sec. 665. Public buildings committee to fix rental of stalls, etc. — The committee on public buildings before the first Monday in June of each year shall meet and fix the rental of each space, stand or stall designated on the plat of said premises and furnish the market master and comptroller each a schedule of such rent- als. [R. 0. 1897, Chap. 45, Art. 1. Sec. 3]. Sec. 666. Market stalls, etc. — when offered for lease. — At 10 'clock a m. on the third Monday in June of each year the market master shall offer for lease, publicly, on the premises at such prices as may be fixed in the schedule furnished by the committee on public buildings the several spaces, stands or stalls designated on the market master's plat. Every person leasing any space, stall or stand shall, in all cases, be required to pay their rent monthly in advance. No lease shall be construed to authorize any other person except the lessee to occupy such stall or stand, nor shall the same be transferable. [R. 0. 1897, Chap. -15, Art. 1, Sec. 4]. Sec. 667. Market spaces limited.^The use of more than three feet of space next to the building by occupants of stalls in the market house, and of more than four feet of space of sidewalk next to the curbing by renters of wagon stalls adjoining for the display of produce, goods, wares or merchandise of any kind is hereby prohibited. [R. 0. 1897, Chap. 45, Art. 1, Sec. 5]. Sec. 668. Market stalls — cleanliness to be enforced. — The occupants of all places, stalls or stands in the market building shall keep the same in a clean and sanitary condition, shall not permit the accumulation of filth or rubbish, and siiall not keep live fowls or animals therein, nor any other offensive matter whatever. The market master is required to enforce the provis- ions of this section, and any such occupart failing to comply with the orders of the market master in purs lance of this ordinance shall be guilty of a misdemeanor, and, in addition to any fine that may be imposed on him, shall be subject to ejectment from said market building. [G. 0. No. 828, Sec. 6]. Sec. 669. Use of certain lights and oils prohibited in city hall. — All persons occupying the city hall or market bourse, or any of the stalls or buildings appurtenant thereto, are prohibited from using any artificial lighting in or about said building or on 486 REVISED ORDINANCES. CHAP. XXVIII said premises, excepting gas and electricity, and any such person shall not hereafter keep on the said premises for any purpose whatever any oils for lighting purposes or for sale, such as gaso- line, coal oil, petroleum or the various products of petroleum. Any person violating this section shall be punished by a fine of not exceeding fifty dollars. [G. 0. No. 761, Sec. 1] . Sec. 670. Lease adjudged forfeited, when. — If the less.ee of any stall or stand shall be twice convicted of violating- any ordi- nance or any lawful rule or regulation of the market master in re- lation to markets his lease shall be adjudged forfeited; and it shall be the duty of the market master to take possession of the same in behalf of the city and to lease the same for the unex- pired term. [R. 0. 1897. Chap. 45, Art. 1, Sec. 7]. Sec. 671. Occupying forfeited stall — penalty. — If any lessee of any stand or stall whose lease shall have been forfeited, or any other person without a lease or permission as herein provided shall hold, use or occupy any stall or stand in any market in said city he shall be subject to a fine of not less than five dollars for each and every day he shall use or occupy such stall or stand. [R. 0. 1897, Chap. 45, Art. 1, Sec. 8] . Sec. 672. Market kept open, when. — Each market shall be kept open from the dawn of the day until ten o'clock a. m. during the months of April, May, June, July, August and September, and until eleven o'clock a. m. during the months of October, No- vember, December, January, February and March of each day in the week, except Sunday, and may be open from four o'clock till eight o'clock in the afternoon on Satui'day. and the market master shall announce, by the ringing of a bell, the closing of the market house, at least ten minutes before the time of closing. [R. O. 1897, Chap. 45, Art. 1, Sec. 9]. Sec. 673. Unwholesome meats, sale of prohibited — No per- son shall expose for sale, in any market or elsewhere in said city, any emaciated, tainted or putrid meat, or the flesh of aiiy diseased animal, or provisions wbi<'li, from these or other causes, may be deemed unwholesome, uiulei- a penalty of not less than twenty dol- lars nor more than one hundred dollars; and the unvMiolesome meat or other i)i'ovisions so ex])osed for sale shall, without delay, upon view of the market master, be seized and destr,jyel. [R. O. 1897, Chap. 45, Art. 1, Sec. 10] . ART. I. MARKETS. 487 Sec. 674. Killing and dressing animals, throwing of offai, etc. — No person shall kill or dress any animal or fowl in any market, or throw or permit any bones, filth, slop, offal, water or other liquid, or other substance, to be thrown out of the doors or windows or around any market (except in places which may be provided for the purpose), or sweep or deposit any dirt or tilth of any description in or upon any passageway in any market or in or upon the streets adjacent thereto. [R. 0. 1897, Chap. 45, Art. 1, Sec. 11]. Sec. 675. No "gut fat," heads or shanks permitted at, etc. — No person shall, between the first day of May and first day of November in any year, bring into or place, or suffer or permit to be brought into or placed, in any market, any untried fat, com- monly called gut fat, nor at any time or season the heads, shanks or feet of any animal, unless the same be skinned or properly cleansed, nor any hides or skins of any kind, except the hides of calves (these shall be removed from the market as soon as taken from the veal), under a penalty of not less than five dollars for each offense. [R. O. 1897, Chap. 45, Art. 1, Sec. 12]. Sec. 676. Lessees only to sell fresh meat, etc.— No person other than lessees of butchers' stalls shall sell or oftVr for sale in market any fresh meat, except venison, in less quantities than one quarter. [R. O. 1897, Chap. 45, Art. 1, Sec. 13]. Sec. 677. Stalls to painted and whitewashed. — The lessees of the butchers' stalls shall each cause his stall to be painted, and the walls thereof to be whitewashed, at least once in each year. [R. 0. 1897, Chap. 45, Art. 1, Sec. 14]. Sec. 678. Vegetable stands. — Every occupant of a vegetable or other stand shall, within thirty minutes after the ringing of the bell for the close of market, cause all articles exposed for sale at such stand to be removed therefrom and all off'al and rub- bish to be removed from the market, and all butchers shall cause their tables and meat blocks to be thoroughly scraped and cleaned, and no vehicle shall be permitted to remain on the market after the close of market hours, except by permission of the market master. [R. O. 1897, Chap. 45, Art. 1, Sec. 15]. 488 REVISED ORDINANCES. CHAP. XXVIII. Sec. 679. Vehicles to stand as directed — price for each at- tendance.— All vehicles iu which articles are brought to market and exposed for sale, shall stand in such order and manner as the market master may direct. Every person attending the central market with a wagon or other vehicle, occupying space on said market, or who shall occupy parts of tables and stands under the direction of the market master, for the purpose of selling fruits, vegetables, game, poultry, fish, eggs, butter, lard or other provisions, or farm or garden products, shall each pay to said market master, for the use of the city, the sum of ten cents for each market attendance. [R. 0. 1897, Chap. 45, Art. 1, Sec. 16]. Sec. 680. Hay market, location of. — The north half of La- fayette street, between Tenth street and the alley dividing block 87, Patee's addition, and the west half of Tenth street for a dis- tance of one hundred and thirty-five feet north of Lafayette street, is hereby designated as a hay market. [R. 0. 1897, Chap. 45, Art. 1, Sec. 17]. Sec. 681. Same; vehicles to stand as directed, fees, etc. — All vehicles in which hay, grain, feed or country produce of any kind are brought to Patee market and exposed for sale, shall stand in such order and manner as the weighmaster shall direct, and unless said vehicle with its contents is weighed on the city scales on said market, the owner or driver or other person in charge thereof, shall pay to said weighmaster, for the use of the city, the sum of ten cents for each attendance at the market. Any driver, owner or person in charge of any such vehicle, fail- ing or refusing to comply with the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one dollar nor more than twenty-five dollars. [R. 0. 1897, Chap. 45, Art. 1, See. 18]. Sec. 682. Penalty. — Any person who shall fail or neglect to comply with any or either of the foregoing requirements of this ordinance, or who shall violate any section, clause or provision of any of the preceding sections thereof where no penalty is espec- ially imposed, shall on conviction, pay a fine of not less than two dollars nor more than one hundred dollars. [R. 0. 1897. Chap. 45, Art. 1, Sec. 19] . ' ART. II. MARKET MASTER. 489 ARTICLE II. MARKET MASTER. Section 683. Appointment; term of office; bond. 684. General duties of. 685. Market master must report. Section 686. To weigh articles; exposed for sale. 687. Police powers of. Sec. 683. Market master, appointment of. — There shall be appointed in the city of St. Joseph, by the mayor thereof, subject to confirmation by a majority of the common council, an officer to be styled market master of the Central Market, who shall hold his office for a term of two years and until his successor is duly appointed and qualified, and who shall receive such compensation for his services as may by ordinance be prescribed, and who shall, before entering upon the duties of his office, execute a bond to the city of St. Joseph, in the penal sum of one thousand dollars ($1,000.00) conditioned for the faithful performance of the duties of said office. [G. 0. No. 568, See. 1] . Sec. 684. General duties of, etc. — It shall be the duty of said market master to attend, either in person or by deputy, at the market every day during market hours ; to exercise a gen- eral supervision over the market, and to enforce all ordinances, rules and regulations that may from time to time be established for the government thereof; to enforce order and decide all dis- putes which may arise between buyer and seller touching the weight and measure of any article : to superintend the cleaning of the market and cause the same to be sprinkled with water, whenever it shall be necessary to prevent and lay the dust ; to examine the weight and quantity of all articles exposed for sale, and seize all which are of less weight or quantity than represented by the seller, and upon such seizure, to expose the sanie for sale at public outcry in the market, and pay the proceeds of said sale into the city treasury; to collect all rents for stalls, stands and tables, and to pay all moneys received by him on account of the city into the city treasury on the first day of each month. [G. O. No. 898, Sec. 2]. 499 REVISED ORDINANCES. CHAP. XXVIII. Sec. 685. Market master shall report monthly. — The market shall, on the first day of each mouth, make a report to the city comptroller of the business of his office during the month pre- ceding, showing the total amount of fees collected by him, to- gether with such other facts as the comptroller may require. [R. 0. 1897, Chap. 45. Art. 1, Sec. 3]. Sec. 686. Shall weigh articles, when. — The market master shall keep suitable scales and measures to be duly sealed by the inspector of weights and measures, and, whenever requested, shall weigh or measure any article exposed for sale in market ; and he shall collect, for the use of the city, five cents for weighing or measuring each article, to be paid by the person requesting the same to be weighed. — [G. O. No. 897, Sec. 4]. Sec. 687. May arrest for disorderly conduct. — The market master, while on duty as such, is hereby clothed with all the powers of policemen, and it is his special duty to arrest and take before the judge of the police court, any person who is guilty of any violent, turbulent or disorderly conduct in, or who shall be guilty of a violation of any ordinance, rule or regulation for the government, conduct and management of the market. [R. O. 1897, Chap. 45, Art. 2, Sec. 5]. MEAT SHOPS. 491 CHAPTER XXIX. MEAT SHOPS. Section 688. Meat shop, licende for. 689. Shop must be kept clean. 690. Under control of board health. of Section 691. License shall designate loca- tion. 692. Penalty. 69.3. Wholesale dealer, license re- quired. Sec. 688. Meat shop or stanl, license for. — No i)erson or persons or copartnership of persons shall open or keep a meat shop or stand in the city of St. Joseph, withont having obtained a license therefor, as follows : Any person, persons or copartner- ship of persons doing business as retail meat shop keeper or keepers, within the limits of the city of St. Joseph, shall pay an annual license of twenty-five dollars, in advance, which respec- tive license shall authorize and empower such person, persons or copartnership of persons, to sell in their shops or stands for which they have procured a license, all kinds of fresh and salt meats, fresh and salt fish, sausage and sausage meats, whethe*' made by them or not, and also all kinds of fowl and game in their proper season, that is not prohibited being sold or offered for sale by any ordinance of this city or law of this state : all kinds of vege- tables and fruit in large or small quantities, for one year from the date of such license ; Provided, That nothing in this section shall be so construed as to include licensed grocers and merchants who sell smoked, cured meats, fresh and salt fish and smoked sausage. [R. 0. 1897, Chap. 47, Sec. 1]. Sec. 689. Cleanliness — requirements. — Every person who is duly licensed as herein required, shall keep his meat shop or stand properly cleaned and free from all foul smells anci nuisances of every description, and on failure thereof shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 47, Sec. 2]. Sec. 690. Board of health, control of.— All meat shops shall be under the control of the board of health, which shall have power, by a majority of the board, to declare any one of the 492 REVISED ORDINANCES. CHAP. XXIX. same a nuisance, for good and sufficient cause, which finding, when recorded in their proceedings and a copy thereof served upon the party licensed, shall operate as a canceling of his license and a prohibition of all sales thereunder. [R. 0. 1897, Chap. 47, Sec. 3]. Sec. 691. License shall designate location, etc.— Every license shall contain the name of the person in whose name it is issued, and shall designate the location of the meat shop or stand, and shall be and remain during its continuance posted in some conspicuous place in the meat shop or stand. [R. 0. 1897, Chap. 47, Sec. 4]. Sec. 692. Penalty. — Any person who shall keep in this city any meat shop or stand without having obtained a license there- for, or who shall violate any of the provisions in relation thereto herein contained, shall be guilty of a misdemeanor, and upon conviction thereof be fined not less than ten nor more than fifty dollars for each offense. [R. 0. 1897, Chap. 47, Sec. 5]. Sec. 693. Wholesaler, license. — No person shall engage in the business of selling or offering for sale any fresh meats at wholesale in the city of St. Joseph, either from a house, store, shed, car, wagon, or other place, without first having a license from said city as a wholesale meat dealer, and the charge for such license shall be one hundred dollars per year. [R. 0. 1897, See. 6]. (For penalty for violating Sec. 688, see Sec. 662, Chap. 27, entitled "licenses.") MERCHANT'S LICENSE. 493 CHAPTER XXX MERCHANT'S LICENSE. Section 694. Merchant defined. Penalty for selling without license. Annual license to be taken out, when. Statement of cash value of goods to be filed Duty of assessor receiving statement. Proceedings to obtain license — form of bond. Form of license. Auditor to make statement. 695. 696. 697. 698. 699. 700. 701. Section 702. Duty of assessor to make list, etc. Taxes to be extended. License, how obtained after January. Taxes extended and collected. License, etc., after first of Au- gust. License good after dissolution of partnership. No intoxicating liquors to be sold. Penalty for violating, etc. 703. 704. 705. 706. 707. 708. 709. Sec. 694. Merchant defined. — Every person, copartnership or corporation, who shall engage in the selling of any goods, wares or merchandise, at any store, stand or place occupied for that purpose, within the limits of the city of St. Joseph, is hereby declared a merchant. [R. 0. 1897, Chap. 48, Sec. 1]. Sec. 695. Penalty for selling merchandise without license. — No person, copartnership or corporation shall sell or offer for sale any goods, wares or merchandise within said city, without first having obtained a merchant's license, in compliance with the provisions of the general law governing cities of the second class, and the ordinances of said city; every merchant violating this section shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than twenty-five dollars nor more than five hundred dollars for each day he or they do business without such license. [R. 0. 1897, Chap. 48, Sec. 2]. Sec. 696. Annual license to be taken out, when.^Merchants shall take out their annual licenses between the first day of Jan- uary and the fifteenth day of February in each year. [R. 0. 1897, Chap. 48, Sec. 3]. ^ Sec. 697. Must file statement of cash value of goods, etc. — Before any merchant shall be entitled to receive a merchant's 494 REVISED ORDINANCES. CHAP. XXX. license under the provisions of this ordinance, such merchant shall file with the city assessor a sworn statement showing the actual cash value of the highest amount of goods, wares and merchandise owned by liira for sale, at any time within three months before the first day of January of such year for which license is required. Such statement shall include all goods, wares and merchandise, which he may have in his possession or under his control, owned by him, and shall be signed and verified by the affidavit of such merchant or some creditable person author- ized to sign and verify such statement. [R. 0. 1897, Chap. 48, Sec. 4]. Sec. 698. Duty of assessor receiving statement. — The city assessor shall, upon such statement being filed in his office, prop- erly signed and verified, make out and deliver to the city auditor a certificate stating that such person, naming him, has filed the statement required by the ordinances of the city, also, giving the cash value of his goods, wares and merchandise returned, and the location of his store, stand or place of business. [R 0. 1897, Chap. 48, Sec. 5]. Sec. 699. Proceedings to obtain license, form of bond. — The city auditor shall, upon the receipt of such certificate from the assessor, issue a license to the person named in such certificate, which license shall be countersigned by the city comptroller: Provided, That such person named in the certificate of the asses- sor executes a bond to the city of St. Joseph, with at least two resident householders, of such city, as securities, to be approved by the city auditor, who shall endorse his approval thereon ; the applicant for license must deliver his bond to the city auditor before the license is issued and delivered to him. The city audi- tor shall return said bond to the comptroller, who shall file the same in his office. Said bond shall be in the following form : Know all men by these presents, that we, as principal, and as securities, are held and firmly bound unto the city of St. .Toseph in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors and adminis- trators firmly by these presents. Sealed with our seals and dated this. . . . day of , A. D. 18. . . . The condition of the foregoing obligation is such that whereas ha. . .this day received a license to do business in said city as merchant. . .for the year ending De- MERCHANT'S LICENSE. 495 ber 31st, 18. . . ; now if the said shall, on or before the 1st day of September, 18. . . ., pay to the collector of baid city all taxes which may be due upon such license for the year ending on the last above mentioned date, then this bond to be void; otherwise lo remain in full force. [SEAL.] [SEAL.] [SEAL.] Approved this .... day of A. D. 18 ... . Auditor. The penalty of which said bond shall be, when the valuation as shown by the statement required in this ordinance does not exceed tweny-five hundred dollars, the sum of one hundred dol- lars ; and when the valuation exceeds twenty -five hundred dollars, an additional sum of one hundred dollars for each twenty-five hundred dollars or fractional part thereof. Upon such bond being approved by the auditor, he shall grant a merchant's license to the applicant, in form as hereinafter provided. [R. 0. 1897, Chap. 48, Sec. 6]. Sec. 700. Form of license. — All licenses issued rnder this chapter shall expire on the thirty-first day of December next after the time of such issuing, and shall be in the f oUov/ing form : The city of St. Joseph to all who may see these presents, greeting: Know ye, that having filed statement, and on the day of A. D. 18. ., given bond as requirel of him, for the payment of all lawful taxes which may be due upon this license, therefore the said is hereby authorized to do business as. . .merchant, .at any one place within said city for months, ending the thirty-first day of December next. In testimony whereof, I have hereunto set my hand and caused the seal of the city to be affixed, this day of A. D. 18. . . . Granted this day of A. D. 18. . . . Auditor. Countersigned: Comptroller. [R. O. 1897, Chap. 48, Sec. 7]. Sec. 701. Auditor to make statement. — The city auditor shall, at the end of each month, make a statement in detail of all merchants' licenses issued by him during said month, showing the name of the person or persons to whom granted, the place 496 REVISED OBDINANCES. CHAP. XXX. of business and the date thereof ; also the cash value of the highest amount returned to the assessor by each person, which said state- ment shall be filed in the office of the city comptroller, and by him laid before the common council at its firs^. stated meeting thereafter. [R. O. 1897, Chap. 48, Sec. 8]. Sec. 702. Duty of assessor to make list. — The city assessor shall make a complete list of all merchants who have filed their statements showing the cash value of the highest amount of goods, wares and merchandise owned and kept on hand by them for sale at any time within three months before the first day of Jan- uary of such year, for which the assessment is made, and deliver the same to the common council at the same time he is required to deliver the assessment books. [R. 0. 1897, Chap. 48, Sec. 9]. Sec. 703. Taxes to be extended. — The city auditor shall ex- tend the taxes for general and special purposes in the same man- ner that he does on other property subject to taxation. [R. 0. 1897, Chap. 48, Sec. 10]. Sec. 704. License, how obtained after January, etc. — It shall be the duty of every person, copartnership or corporation intending to commence business as merchants In the city of St. Joseph at any time after the first day of January in any one year, or at any time during the fiscal year, to furnish the city assessor a sworn statement of the value of his or their goods, wares or merchandise; and the city assessor shall thereupon ascertain the value of such goods wares and merchandise, and leturn the same with the other lists to the common council ; Provided, the statements fire filed Avith him before the fifteenth day of March, each year. If the statements are fii^d with him after the fifteenth day of March, he shall ascertain the value of such goods, wares and merchandise and return an assessment thereof to the city auditor. If such person, copartnership or corporation is dissatis- fied with such assessment, he or they may appeal to the common council, at its first stated meeting thereafter, and the common council shall then ascertain and fix the value of said goods, wares and merchandise, by resolution, which value, so determined, shall be certified to the city auditor by the city clerk. [R. 0. 1897, Chap. 48, Sec. 11]. MERCHANT'S LICENSE. 497 Sec. 705. Taxes extended and collected. — When such assess- ment is completed, the city auditor shall issue a license to such person in form and manner heretofore prescribed; and the audi- tor shall thereupon extend the tax for each year, for general and special purposes, and deliver a certified copy to the city treasurer. The tax so extended shall bear the same proportion to the amount of the annual levy for general and special purposes for each year, as the time to the end of the fiscal year is to one year ; Provided, that in making such pro rata reduction no fractional part of any month shall be computed, but the time shall in all cases be esti- mated as from the first day of the mouth in which such statement is filed. On delivery of the certified copy of the tax extended, the treasurer shall file the same and give duplicate receipts there- for, stating the amoimt levied and the name of the person therein named, one of which shall be filed with the auditor and the other with the comptroller, which amounts are to be collected and paid in the same manner as other taxes. [R. O. 1897, Chap. 48, Sec. 12]. Sec. 706. How obtained after the first of August. — When any person, copartnership or corporation shall file their state- ments on or after the first day of August, and the assessment is completed, a statement thereof shall be filed with the city auditor, who shall thereupon make out and deliver to the city treasurer a certificate stating the amount for such license. On delivery of the certificate to the city treasurer he shall file the same, and on payment of the amount thereof, the city treasurer shall make and sign duplicate receipts therefor, one shall be filed with the city aiiditor, the other with the city comptroller. Upon filing said receipt, the city auditor shall sign and issue a license for the remainder of such year, which license shall be coimtersigned by the city comptroller. Said license shall state the amount of taxes so paid, which amount shall be charged to the city treasurer. [R. O. 1897, Chap. 48, Sec. 13 J. Sec. 707. License good after dissolution of partnership.^ If any copartnership shall be dissolved by operation of law, by limitation or by mutual consent, then the person or persons hav- ing the stock in charge, as successors, may continue the business for the remainder of the year without any other additional license. [R. 0. 1897, Chap. 48, Sec. 14]. 38 498 REVISED ORDINANCES. CHAP. XXX. Sec. 708. No intoxicating liquors to be sold. — Xo license granted under this chapter shall authorize any merchant to sell vinous, fermented or spirituous liquors in any quantities to be drunk at his store, stand or place of business. [R. 0. 1S97, Chap. 48, Sec. 15]. Sec. 709. Penalty for violating, etc.^— Any person, copart- nership or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than five hundred dollars. [R. 0. 1897. Chap. 48, Sec. 16]. MILK. 499 CHAPTER XXXI. MILK. Informer shall receive part of fine imposed. Duties and powers, on what of- ficers imposed. Complaints, to whom made. Record kept at office of board of health. City attorney shall report re- sult of prosecutions. Penalty. Section Section 710. Impure milk or cream, sale of prohibited. 711. Hotel, etc., shall not offer to guests. 712. Milk or cream dealer, license 719. for. 720. 713. Conditions of license. 714. Milk dealer shall obtain license, register, etc. 715. Cows, stables, etc., inspection of. 716. Adulterations, manufacture of prohibited. Sec. 710. Impure milk or cream, sale of prohibited. — Special and constant attention shall be given to the inspection, examina- tion and analysis of milk and cream sold or offered for sale within the city. Any person who shall sell or offer for sale any skimmed milk without informing the purchaser that it is skimmed milk, or any cream or milk having therein and containing any foreign substance whatever, or any adulteration or preservative, whatever, for the purpose of artificially increasing the quantity of the milk or cream or for preserving the sweetness and condition thereof, or for any other purpose whatever, or any diluted milk or cream, or any milk containing less than twelve per cent of total solids, except skimmed milk, three of which shall be of fat, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than two hundred dollars or by imprisonment in the city jail or workhouse not more than six months : or by both such fine and imprisonment. Any person who shall be convicted the second time for having violated any of the provisions of this section, shall, for such second offen.se, be pun- ished as already provided herein, and in addition thereto his milk and cream license shall be revoked. [R. 0. 1897, Chap. 49, Sec. 1]. Sec 711. Same; hotel, etc., shall not offer to guests. — Any hotel, boarding house or restaurant keeper, owner, manager or steward who shall set before or offer to anv boarder, guest or 500 REVISED ORDINANCES. CHAP. XXXI. customer thereof any diluted milk or any cream or miik having and containing therein any adulteration or preservative or any foreign substance whatever, shall be deemed guilty of a misde- meanor, and on conviction shall be punished by a line of not more than fifty dollars. [G. 0. No. 408, Sec. 2]. Sec. 712. Milk or cream dealer, license for. — No person shall sell any milk or cream within the city of St. Joseph, or carry on the business of a milk or cream dealer, nor shall any person use or operate any milk wagon or vehicle from which milk or cream is delivered to customers in the city of St. Joseph, without first obtaining from the city a license therefor. The charge for a license as a milk or cream dealer shall be five dol- lars ($5.00) per year. The charge for a license for each wagon or vehicle used for the delivery or sale of milk or creau- shall be five dollars ($5.00) per year. Every person owning or using any milk wagon or vehicle from which milk or cream is deliv- ered to customers in this city shall keep in plain legible letters large enough to be read 50 feet away, printed on the right hand corner of said wagon, the number of the license issued for such wagon, and the date of its expiration. Any person who shall fail or negJect to comply with any of the provisions o? this sec- tion, shall be deemed guilty of a misdemeanor, and upon convic- tion, shall be punished by a fine of not less than twenty-five dol- lars nor more than one hundred dollars. [G. 0. No. 617, Sec. 1]. Sec. 713. Conditions of license. — Every such license shall be issued on the express condition that the licensee shall at all times permit officers or representatives of the city U^ visit, ex- amine and inspect all cows, feed therefor, stables, pastures, and lots where the cow or cows of such licensee are kept and secure such permission for such inspection ind examination from all persons from whom he obtains milk and cream to be sold or offered for sale ; and an analysis or examination shall be made of milk or cream obtained, by the proper officer, from each licensee ; and it shall be the duty of such licensee at all times when demanded to furnish free of charge such small quan- tities of milk and cream as shall be necessary for .5uch examina- tion or analysis. Failing or refusing to comply with such con- ditions and requirements shall be cause for revoking such license. [R. 0. 1897, Chap. 49, See. 4]. MILK. 501 Sec. 714. Milk dealer shall obtain license, register, etc.— Every person who may be selling or offering for sale milk or cream at the time of the approval or final passap-e of this ordin- ance shall, within twenty days after the appointment of the clerk of the board of health, obtain the license herein provided for, and register his name on a record to be kept for such purpose by the clerk of the board of health, together with the names and postoffice address of all persons from whom he obtains his milk or cream, and also the location of the stables or pastures where the cows from which such milk was obtained are kept. And every person who may hereafter enter into and engage in the milk or cream business shall also register as in this section pro- vided. All changes in the location of any milk and cream deal- er's dairy or the dairies of those from whom he obtains milk and cream, or the location of the stables and pastures of e'ther shall be promptly reported to the clerk of the board of health and noted on such record. Every person neglecting or refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a line of not less than fifty dollars nor more than five hundred dollars for each and every day of such refusal or neglect. [R. O. 1897, Chap. 49, Sec. 5]. Sec. 715. Cows, stables, etc., inspection of.^It shall be the duty of the sanitary sergeant and assistant health officer at least once every two months, and as much oftener as they may think necessary and proper, to inspect and examine all stables, lots and pastures where cows are kept and fed, whose milk or cream therefrom is sold in the city; and also the feed, health and con- dition of such cows, and make report thereof to the board of health. If in their opinion any such cows are not fed on good and wholesome food, or are kept in an unhealthy or bad condi- tion, or such stables and pastures are not properly cleaned and kept so, then they shall notify in writing the owner or keeper of such cows, stables and pastures, and also the persons who sell or offer for sale the milk or cream therefrom in the city, and if any such oAvner, keeper or person shall not at once cease to milk any cow which is in an unhealthy and bad condition, or shall refuse or neglect to at once proceed to clean such stables and pastures, the milk therefrom shall not be sold or offered for sale in the city until every objection thereto is abated and removed ^02 REVISED ORDINANCES. CHAP. XXXI. and kept so. Every person violating any provision in this section contained shall be deemed guilty of a misdemeanor, and on con- viction shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars. [R. 0. 1897, Chap. 49, Sec. 6] . Sec. 716. Adulterations, manufacture of prohibited. — Any person who shall manufacture, compound, use, sell or offer to sell any milk or cream adulteration or preservative, or any com- pound or substance whatever for the purpose of artificially pre- serving the sweetness or increasing the quantity of milk or cream, or for any other purpose, shall be deemed guilty of a misdemean- or, and on conviction shall be punished by a fine of not more than two hundred dollars, or by imprisonment in the city jail or work- house not exceeding six months, or by both such fine and im- prisonment. [R. 0. 1897, Chap. 49, Sec. 7]. Sec. 717. Informer shall receive part of fine imposed. — Any person who shall first give any information to any member of the board of health or the sanitary sergeant or police officer that shall be the cause and means of the arrest and conviction of any person for violating the provisions of the next preceding sections, shall be entitled to and receive one-third of the fine imposed and col- lected. [R. 0. 1897, Chap. 49, Sec. 8]. Sec. 718. Duties and powers — on what officers imposed. — Whenever in this ordinance a duty is imposed or a j)ower given to the sanitary sergeant, health officer or policeman, such duty or power shall be imposed on or granted to either one of such offi- cers or all of them. [R. O. 1897, Chap. 49, Sec. 9]. Sec. 719. Complaints, to whom made. — All complaints which any person may desire to make against any one for the violation of any provision in this ordinance contained, shall be made to the clerk of the board of health or any member thereof, whose duty it shall be to at once bring such complaint to the notice of the sanitary sergeant, health officer or policeman, who shall inquire and examine into the same. [R. O. 1897, Chap. 49, Sec. 10]. Sec. 720. Record, kept at office of board of health. — The several records required to be kept by the provisions of this or- MILK. 503 dinance shall be kept always at the office of the board of health in charge of the clerk thereof. Such records shall always be open for the inspection of any person. [R. 0. 1897. Chap. 49, Sec. 11]. Sec. 721. City attorney shall report result of prosecutions. — It shall be the duty of the city attorney to keep a record of every arrest and prosecution under the provisions of Itiis ordin- ance and the result thereof ; and he shall semi-annually report the same to the common council. [R. O. 1897, Chap. 49, Sec. 12] . Sec. 722. Penalty. — -Any person who shall in any manner interfere with or prevent or attempt to prevent the enforcement of any provision of this ordinance, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding one hundred dollars. [R. 0. 1897, Chap. 49, Sec. 13]. 504 REVISED ORDINANCES. CHAP. XXXII. CHAPTER XXXII MISDEMEANORS. Article I. Miscellaneous offenses. Article 11. Penalties. ARTICLE I MISCELLANEOUS OFFENSES. Section 723. Unlawful assembly. 724. Disturbances of the peace. 725. Disturbing religious or other assembly. 726. Loitering — prohibited where. 727. Giving false alarm of fire— col- lection of persons on streets. 728. Drunkenness an offense — when. 729. Concealed weapons — carrying of. 730. Throwing missiles — having de- vice for, 731. Cartridges, pistols, etc., sale of to minors prohibited. 732. Cigarettes— sale of to minors. 733. Persons under certain age not to be on streets, etc., when. 734. Parent or guardian shall not allow child to go upon street, etc., when. 735. Police may arrest and detain violator of section 733, etc. 736. Playing in street, etc. 737. Climbing on moving car, etc. 738. Disturbing or destroying lamp post, fire alarm, telegraph poles, etc. 739. Climbing on electr'c light poles. 740. Injuring building, post, shade trees, etc. 741. Not to tear uo bridge or change creek. 742. Not to hitch to fence, post, shade tree or hydrant. 743. Fire hose — penalty for driv- ing over. 744. Not to drive on bridge faster than a walk. Section 745. Vehicles not to be driven on sidewalk, etc. Fast driving — leaving animal unfastened. Vehicles to keep to the right. Cruelty to animals. Slaughtering of animals. Cruelty to children. Teams standing at Fifth and Edmond streets prohibited — penalty. Throwing or dropping weight on sidewalk prohibited — pen- alty. Standing of vehicles and ma- chinery on streets — pro- hibited. J4. Prohibiting certain modes of advertising. Posting hand bill, notice, etc. Circulars and hand bills not to be thrown on streets. Distributing samples of mer- chandise, hand bills, etc.. without license — penalty. Distribution of samples of medicines, etc. Drawing water from public cistern. Removing guard from danger- bus place. Leaving rubbish on street or sidewalk — penalty. Barb wire fences prohibited — penalty. Business houses not to be kept open on Sunday. Swimming restricted. 746. 747. 74S. 749. 750. 751. 752. 753. 755. 756. ir^i ")S. iO. 760. 761. 762. 763. 764. I ART. I MISCELLANEOUS OFFENSES. 505 Section Secti 765. Escaping from custody. 777. 766. Falsely representing an officer. 767. Keeping gambling device, etc gambling. 778. 768. Exposing stallion. 779. 769. P u b li c indecency — obscene books, etc. 780. 770. Licentious conduct forbidden. 771. Keeping a bawdy house. 772. Inmate or boarder in a bawdy 781. house. 782. 773. Frequenting bawdy house. 783. 774. Same; reputation of house in evidence. 784. 775. Permitting weeds to remain on lot — penalty. 776. Pools, ponds and filth not al- lowed on vacant property — penalty. Throwing fruit or vegetable substance on .sidewalk. Interfering with water pipes or valves — penalty. Injuring books, etc., of public library — penalty. Expectorating in street cars and public convevances pro- hibited. Use of filthy cars prohibited. Penalty for violation. Police officers to enforce ordi- nance. Copy of ordinance to be posted in cars. Sec. 723. Unlawful assembly. — Any three or more persons who shall in this city assemble together, or being asse?iibled shall act in concert to do any nnlawful act with force or violence against the property of this city, or the person or property of another, or against the peace or to the terror of others, and shall make any movement or preparation therefor, and every person present at such meeting or assembly who shall not endeavor to prevent the commission or perpetration of such unlawful act, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 1]. Sec. 724. Disturbances of the peace. — Any person who shall in this cit}^ disturb the peace of others by loud or unusual noise, offensive or indecent conversation, or by unseemly, profane, ob- scene or offensive language calculated to provoke a breach of the peace, or by threatening, challenging, striking or fighting another ; or any person who in this city shall permit any such conduct in or upon any house or premises owned or occupied by him or under his management or control, so that others in the vicinity are disturbed thereby, shall be deemed guilty of a misde- meanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 2]. Sec. 725. Disturbing relig-ious or other assembly .^Any person who shall in this city disturb or disquiet any congregation or assembly met for religious worship, by making a noise or by rude or indecent behavior or profane discourses within their place of worship, or so near the same as to disturb the order or 506 REVISED ORDINANCES. CHAP. XXXII. solemnity of the meeting, or shall disturb any lawful assemblage of people by rude or indecent behavior or otherwise, shall be deemed guilty of a misdemeanor. [R. O. 1897. Chap. 50, Art. 1, Sec. 3]. Sec. 726. Loitering, proliibited where. — Any person who shall in this city loiter at the corners of streets, or in or upon any street, avenue, alley or sidewalk, or in the vicinity of any place of amusement, public hall, place of worship, hotel, restaurant, eating house, dramshop or thoroughfare and refuse to disperse or vacate such place when requested to do so by any police officer, shall be deemed guiltj^ of a misdemeanor. [R. 0. 1897, Chap. 50. Art. 1, Sec. 4]. Sec 727. Giving false alarm of fire — collection of persons on street. — Any person who shall in this city intentionally give or make a false alarm of fire, or shall employ any dev^ice, noise or performance tending in either case to the collection of persons on the streets, sidewalks or other public place to the obstruction of the same, for any purpose whatsoever, without permission of the mayor in writing, shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 50, Art. 1, Sec. 5]. Sec. 728. Drunkenness an offense, when.— Any person who shall in this city be drunk or shall be in a state of intoxication in any highway, thoroughfare or other public place, or in any pri- vate house or i^lace, to the annoyance of any pei'son, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 6]. Sec. 729. Concealed weapons, carrying of. — Any person who shall in this city wear under his clothes or carry concealed upon or about his person, or be found having upon or about his person, concealed, any pistol or revolver, colt, billy, slung shot, cross knuckles or knuckles of lead, brass or other metal, dirk, dagger, razor, bowie knife, or any knife resembling a bowie knife, or any other dangerous or deadly weapon, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 7]. Sec. 730. Throwing missiles, having device for. — Any person who shall in this city have in his possession any air pipe, blow ART. I. MISCELLANEOUS OFFENSES. 507 pipe, air gun, pop gun, spring gun, bow gun, cross buw, crotch, rubber sling or nigger shooter, or other device or contrivance for ejecting, discharging or otherwise throwing any miss'ile, pellet, stone, bolt, metal or other substance capable of causing injury to any one, or shall project by means of any such device or con- trivance, or fling, cast or throw by hand or foot any stone, peb- ble, ice or snow ball, or other hard or hurtful substance or thing in or upon any street, alley, park or other public ground, or from out of any yard, lot or building into any street, nWey, park or other public ground, or whoever shall throw any stone or other missile at or against any public or private building, shall be deemed guilty of a misdemeanor. [R. 0. 1897. Chap. 50, Art. 1, Sec. 8]. Sec. 731. Cartridges, pistols, etc., sale of to minors prohi- bited. — Any person who shall in this city sell to anv person under the age of sixteen years, any cartridge of fixed ammunition of which any fulminate is a component part, or any gun, pistol or other mechanical contrivance arranged for the explosion of such cartridge, or of any fulminate, shall be deemed guilty of a mis- demeanor. [R. O. 1897, Chap. 50, Art. 1, Sec. 9]. Sec. 732. Cigarettes, sale of to minors. — Any person who shall in this city sell to any minor any cigarette or cigarette wrappers, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, See. 10] . Skc. 733. Persons under certain age not to be on streets, etc., when. — It shall be unlawful for any person under fifteen years of age to be or remain in or upon any of the streets, alleys or public places in this city at night after the hour of nine o 'clock p. m. from March 1st to August 31st, inclusive, of each year; and from September 1st to the last day of February, inclusive, of each year, after the hour of eight o'clock p. m., unless such person is accompanied by a parent, guardian or other person hav- ing the legal custody of such minor person, or is in the perform- ance of an errand or duty directed by such parent, guardian or other person having the care and custody of such minor person, or whose employment makes it necessary to be upon such streets, alleys or public places during the night time after said specified hours; Provided, this exception shall not apply when the person 508 REVISED ORDINANCES. CHAP. XXXII. under such age shall be playing or unnecessarily loitering in or upon any such street, alley or public place, whether alone or ac- companied by a parent, guardian or any person or persons whom- soever. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 11]. Sec. 734. Parent or guardian shall not allow child to go upon street, etc., when. — It shall be unlawful for any parent, guardian or other person having the legal care and custody of any person under fifteen years of age, to allow or permit any such child, ward or other person under such age. while in such legal custody, to go or be in or upon any of the streets, alleys or public places in this city within the time prohibited in section 733 of this ordinance, unless a reasonable necessity exists therefor. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 50, Art. 1, Sec. 12]. Sec. 735. Police may arrest and detain violator of section 733, etc. — The police are hereby authorized to arrest, without war- rant, any person wilfully violating the provisions of section 733 of this ordinance, and detain such person for a reasonable time, in which complaint can be made and a warrant issued and served. No child or minor person arrested under the provisions of this ordinance shall be placed in confinement until the parents or guardian of such person shall have been notified of such arrest and shall have refused to be held responsible for the observance of the provisions of section 733 of this ordinance by said minor person. [R. 0. 1897. (^lap. 50, Art. 1, Sec. 13]. Sec. 736. Playing in street, etc. — Any person who shall in this city ride, coast or slide down any sidewalk upon any wagon, sled, sleigh, or board, or who shall in any highway or thorough- fare play at any game of amusement or engage in any sport or exercise likely to scare horses, injure passengers or embarrass the passage of vehicles or pedestrians, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 14]. Sec. 737. Climbing on moving car, etc. — Any person who shall in this city jump or climb upon or leave, or attempt to jump oj- climb upon or leave any street car, locomotive engine or train ART. I. MISCELLANEOUS OFFENSES. 509 or cars thereto attached, while in motion, unless in doing so he acts in compliance with law or by permission under lawful rules and regulations of the corporation then managing such street car or railway line, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 15]. Sec. 738. Disturbing- or destroying lamp post, lire alarm, telegraph poles, etc. — Any person who shall in this city wilfully or negligently injure, cut, break, disturb, dislocate, remove, de- stroy or interfere with any lamp post, bracket or gas lamp, or fire alarm box, or telegraph, telephone, electric light, district mes- senger or fire alarm pole or post, or the wires suspended thereon or attached thereto, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, See. 16]. Sec. 739. Climbing on electric light poles. — Any person who shall in this city climb or attempt to climb upon any of the elec- tric light poles or towers of the city of St. Joseph, except em- ployes of the city or persons duly authorized and permitted by proper authorities, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 17]. Sec. 740. Injuring building, post, shade trees, etc. — Any person who shall in this city deface or injure any building, fence, gate, sign, tree box, ornamental or shade tree, shrubbery, lamp post, street fountain, awning post, telegraph pole, or any other property of any kind, belonging to the city or to any person, by cutting, breaking, daubing with paint, filth, offal or any other substance, hitching of horses or other animals, throwing of stones or other missiles, or in any other way or manner deface, injure or tear down the same, or commit any other dirty or filthy act by throwing, placing, daubing or depositing any filth, the con- tents of any privy, refuse, manure, animal or vegetable matter in, upon or about any such property or premises, shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 50, Art. 1, Sec. 18]. , Sec. 741. Not to tear up bridge or change creek. — Any person who shall in this city destroy, tear up or injure any bridge, culvert or other improvement made or constructed by or under the authority of. this city, or who shall change the channel of any water course so as to cause the same to flow against oi- upon any 510 REVISED ORDINANCES. CHAP. XXXII. such improvement, shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 50, Art. 1, Sec. 19]. Sec. 742. Not to hitch to fence, post, shade tree or hydrant. — Any person who shall in this city hitch or fasten any animal to any railing, fence, ornamental or shade tree or awning post or lamp post not belonging to him or his employer, or to any street hydrant or fire plug, shall be deemed guilty of a misde- meanor. [R. 0. 1897, Chap. 50, Art. 1, See. 201 Sec. 743. Fire hose, penalty for driving over. — Whenever any hose of the fire department is laid upon any street, alley, avenue, public place or vacant lot for the purpose of being used by said department, it shall not be lawful for any wagon, carriage or vehicle of any kind, street railway car, locomotive or railroad ear to pass over the same. Any owner, driver or other person in charge of any wagon, carriage or other vehicle, street railway car, locomotive or railroad car, who shall knowingly drive or run over, or cause the same to be driven or run over such hose, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 21]. Sec. 744. Not to drive on bridge faster than a walk. — Any person who shall in this city ride or drive any animal on any wooden bridge faster than a walk, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 22]. Sec. 745. Vehicles not to be driven on sidewalks, etc. — Any person who shall in this city lead, drive or ride ain* horse or other beast of burden, or shall lead or drive any team attached to a wagon or other vehicle, or shall draw, push or place any such wagon or other vehicle upon or across any sidewalk of any class or any curbing, or shall tear up or otherwise injure any pave- ment or sidewalk or curbing, shall be deemed guilty of a mis- demeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 23] Sec. 746. Fast driving, leaving animal unfastened. — Any person who shall in this city ride or drive any animal on any street, avenue, alley or other public place in a violent or furious manner, or shall ride or drive any such animal so as to cause such animal or anv vehicle thereto nttncliod to come in collision ART. I. MISCELLANEOUS OFFENSES. 511 with or strike any other object or any person, or shall leave any such animal standing in any street, avenue, alley or public place without being- fastened or so guarded as to prevent its running away, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 24]. Sec. 747. Vehicles to keep to the right. — In ail cases of persons meeting each other in vehicles in any highway or thor- oughfare in this city, each person so meeting shall in all cases go to the right side, so as to enable such vehicles to pass each other without accident. Any person who shall violate this sec- tion shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 25] . Sec. 748. Cruelty to animals. — Any person who shall in this city over-drive, over-load, drive when over-loaded, torture, tor- ment or unnecessarily or crually beat, or needlessly mutilate or kill any dumb animal, or expose any calves or sheep upon any street, sidewalk or market with their legs tied, or shall cause or procure to be over-driven, over-loaded, driven when over-loaded, ill treated, tortured, tormented or unnecessarily or cruelly beaten, or needlessly mutilated or killed, as aforesaid any dumb animal, or shall cause or procure any calves or sheep upon any street, side- walk or market, to be exposed with their legs tied as aforesaid, shall for every such offense be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 26]. Sec. 749. Slaughtering of animals. — Any person who shall in this city kill or slaughter beeves, sheep, hogs or othsr animals, shall be deemed guilty of a misdemeanor; Provided, that this shall not apply to regularly established beef and pork packing houses or slaughter houses. [R. 0. 1897, Chap. 50, Art. 1, See. 27]. Sec. 750. Cruelty to children. — Any parent, guardian or other person having the care or custody of any child who shall wilfully cause or permit the life of such child to be endangered or the health of such child to be injured, or the morals of such child to be impaired, or who shall wilfully cause or permit such child to be placed in such a situation, business or occupation that its life, health or morals shall be injured, or who shall wilfully abandon such child, or shall torture, torment, cruelly ])unish, or 512 REVISED ORDINANCES. CHAP. XXXII. wilfully or negligently deprive it of necessary food, c'othing or shelter, or in any other manner shall unnecessarily injure such child, shall for every offense be deemed guilty of a misdemeanor. [G. 0. No. 848, Sec. 1]. Skc 751. Teams standing at 5th and Edmond streets pro- hibited, penalty. — It shall be unlawful for any owner, driver or keeper of any wagon, buggy or vehicle of any kind or description, to stand or hitch any horse or team to which is atta'.-hed any buggy or vehicle for a longer period than for the prompt receipt or discharge of goods from wagons, or for the prompt receipt or discharge of passengers or occupants of buggies, wagons or vehicles on Edmond street within one hundred feet east or west from Fifth street or on Fifth street within one hundred feet from the south line of Fdmond street, it being the Intention of this ordinance to relieve as far as possible the congested condition of street traffic at this corner. Any person violating the provis- ions of this section shall upon conviction thereof before the police judge of this city be fined in a sum not exceeding two hundred dollars. [G. 0. No. 804, Sec. 1]. Sec. 752. Throwing or dropping weight on sidewalk pro- hibited, penalty. — It shall be unlawful for any person within the city of St. Joseph, to throw down, drop or dash any weight or other article used for the purpose of hitching horses or any other animal on the sidewalk or curbs of the city of St. Joseph, in such a manner as will injure or crush said sidewalk or curb. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof before the police judge of this city shall be fined in a sum not to exceed two hundred dollars. [G. 0. No. 768, Sec. 1]. Sec. 753. Standing of vehicles and machinery en streets prohibited. — It is hereby declared a misdemeanor, punishable by fine, for any one to leave standing upon any street, alley or side- walk of the city any wagon, buggy, carriage, or machinery of any description, excepting all wagons, carriages and other ve- hicles in use having horses or other animals attached thereto and in charge of a driver, and after notice has been served by an officer of the city to move the obstruction, each day shall be considered a separate offense. [G. 0. No. 865, Sec. 1]. ART. I. MISCELLANEOUS OFFENSES. 513 Skc. 754. Prohibiting certain modes of advertising. — Any person who shall in this city in or upon any street, avenue, side- walk, alley, public square or public park, carry, bear, support or place, or cause to be carried, borne, supported or placed, any banner, sign, transparency, frame work, device or emblem in- tended, or purporting- to be used as an advertisement or publica- tion of any trade, profession or business, place of business, office, store or occupation whatever, without a written permit from the mayor, and any person who, without first having obtained a license as a pawnbroker, shall place, keep or exhibit, or permit or cause to be placed, kept or exhibited in, upon, attached to or in front of his place of business any device, sign, banner, trans- parency, framework or emblem denoting or advertising the busi- ness or calling of a pawnbroker, or intended or purporting to be used as an advertisement of the business or calling of a pawn- broker, shall be deemed guilty of a misdemeanor. This section shall not be construed so as to prevent or prohibit any person or corporation from advertising their business or callir-g on any wagon, or frame of a wagon, provided such advertisement is done in a manner not calculated to frighten mules or horses, or obstruct or interfere with the passage of vehicles or pedestrians. [G. 0. No. 589, Sec. 1]. Sec. 755. Posting handbill, notice, etc. — No person shall in this city paste, tack, nail, post, paint, stamp or print any poster, hand bill, card, advertisement or notice of any kind whatever, upon any wall, fence, house, door post, either private or public, without first having obtained permission, in writing, from the owner or agent of the property in which the same is situated, and every person so offending shall be deemed guilty of a mis- demeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 30]. Sec. 756. Circulars and handbills not to be thrown on street. — Any person who shall in this city distribute handbills, circu- lars, cards, or advertising device of any kind by giving them to> any person passing along any sidewalk or thoroughfare, or by throwing them upon the sidewalks, gutters, streets or public- thoroughfares, shall be deemed guilty of a misdemeanor. [R.. 0. 1897, Chap. 50, Art. 1, Sec. 31]. Sec. 757. Distributing samples of merchandise, handbills, etc., without license — penalty. — It shall be unlawful for any 33 514 REVISED ORDINANCES. CHAP. XXXII. person to distribute, in this city, samples of merchandise, hand- bills or other advertising matter without first having obtained a license so to do, and the charge for such license shall be fifteen dollars per year, or five dollars per week. Any person who shall violate this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than fifty dollars; Provided, that this section is not intended to prevent any resident merchant from distributing his own samples or advertisements except as in the next preceding section is prohibited. [R. 0. 1897, Chap. 50, Art 1, Sec. 32]. Sec. 758. Distribution of samples of medicines, etc. — Any person who shall in this city distribute samples of medicines, foods or other proprietary preparations, by handing them to per- sons on the streets or thoroughfares, or by leaving any of said samples in the yards or upon the premises of any private resi- dence or school, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 33]. Sec. 759. Drawing water from public cistern. — Any person who shall take or draw water from any of the public cisterns of this eity for private use or waste, or shall remove the cover from the opening of any such cisterns, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 34]. Sec. 760. Removing guard from dangerous place. — Any person who shall knowingly or wilfully remove, dest^-oy, or in- terfere with any barrier, guard or light placed before or at any dangerous place in or near the streets or thoroughfares of this city, for the purpose of warning or protecting travelers or other persons who may be exposed to injury from such dangerous places, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 35]. Sec. 761. Leaving rubbish on street or sidewalk — penalty. — Any person or persons who shall have sidewalks paved, or any improvements done on their lots, who shall remove broken brick, rock, earth or rubbish of any kind from said sidewalk, or from any portion of their lot or lots, and leave the same on any street or alley, or shall leave any material on any street or alley longer than is actually necessary to make such improvements, shall be ART. I. MISCELLANEOUS OFFENSES. 515 deemed guilty of a misdemeanor, and on conviction thereof shall be lined in any sum not to exceed fifty dollars foi every such offense, and a like sum for every day he shall allow the same to remain after the first conviction. [R. 0. ISQI' Chap. 50, Art. 1, Sec. 36]. Sec. 762. Barb wire fences prohibited — penalty. — The erec- tion or maintenance of any fence composed wholly or in part of barbed wire, upon, along or about any lot or parcel of ground fronting upon or adjoining any street, alley, avenue, public com- mon or public thoroughfare in this city is hereby prohibited. All such fences now existing or that may be hereafter erected, are declared to be nuisances, and every owner or occupant of any lot or parcel of ground, who shall maintain or erect any such fence shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five nor more than twenty- five dollars. Every day that such fence shall be maintained after conviction thereof, shall constitute a separate and addi- tional offense. [R. 0. 1897, Chap. 50, Art. 1, Sec. 37]. Sec. 763. Business houses not to be kept open on Sunday.— Any person who shall in this city play, on Sunday, at billiards, ten pins or other game of amusement, or shall on that day keep his store, shop or other place of business open or sell or offer to sell any goods, wares or merchandise, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 38]. Sec. 764. Swimming restricted. — -Any person who shall bathe or swim in the Missouri river or in any other water course, pond or pool in this city between one hour of sunrise and one hour after sunset without being sufficiently clothed to prevent improper exposure of his person shall be deemed guilty of a mis- demeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 39]. Sec. 765. Escaping from custody. — Every person lawfully imprisoned in the city workhouse, police station, or other place of confinement, or held in custody of any officer, for any cause what- ever, who shall escape or attempt by force or violence to any per- son to effect his escape from such custody, although no escape be effected, shall be deemed guilty of a misdemeanor. [R. O. 1897, Chap. 50, Art. 1, Sec. 40]. 516 REVISED ORDINANCES. CHAP. XXXII. Sec. 766. Falsely representing an officer. — Whoever shall falsely represent himself to be an officer of this city or of the United States or of any state, county or city within the United States, or shall, without being duly authorized, exercise or at- tempt to exercise any of the duties or functions of any sach officer, or shall hinder, obstruct or otherwise interfere with any city of- ficer in the discharge of his official duties, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 41]. Sec. 767. Keeping gambling device, etc., gambling. — "Who- ever shall in this city set up or keep any gaming table or gam- ing device, at Avhich any game of chance shall be played for money or property, or anything representing money or property, or shall, at any such table or device, or at any game of chance bet, win or lose any money or property, or anything represtnting the same, or shall suffer any such table or device at which any game of chance is played to be set up or used in any tenemeat in his pos- session or under his control shall be deemed gailty of a misde- meanor, and it shall be the duty of the judge of the police court on receiving satisfactory information of any such table or device being so set up and used, to issue his warrant to the chief of po- lice, commanding him to destroy the same, which warrant shall be immediately executed. [R. 0. 1897, Chap. 50, Art. 1, Sec. 42]. Sec. 768. Exposing stallion. — No person shall indecently ex- hibit any stud horse, jackass or bull, or let any su?h horse or jack- ass to any mare, or any bull to any cow within the limits of this city, unless in some inclosed place out of public view ; and every person so offending shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 43] . Sec. 769. Public indecency, obscene books, etc. — Any person who shall in this city appear in any i)ublic [>lace in a state of nudity, or in any indecent or lewd dress, oi- sliall inake indecent exposure of his or her person, or be guilty of any lewd or indecent act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or other thing, or shall exhibit or perform any indecent, immoral or lewd play or other representation, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 44]. ART. I. MISCELLANEOUS OFFENSES. 517 Sec. 770. Licentious conduct forbidden.— No prostitute, courtesan or lewd woman shall, within the limits of this city, by word, sign or action, ply her vocation on any street, alley or ave- nue of the city, or in any other public place, or at any door or open window of the house or room she may occupy ; and any such prostitute, courtesan or lewd woman who shall violate the provis- ions of this section shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. 1, Sec. 45]. Sec. 771. Keeping bawdy house. — Any person who shall in this city keep or maintain a bawdy house, house of ill-fame, or as- signation house or place for the practice of fornication, or who shall be interested in any such house as proprietor or landlord, or any person who shall use, occupy or knowingly permit nny house, building or tenement owned by him or her, or under his or her control, to be used or occupied as a bawdy house, house of ill- fame, assignation house or for the purposes of fornication, shall be deemed guilty of a misdemeanor. [R. 0. 1897 Chap. 50, Art. 1, See. 46]. I Sec. 772. Inmate or boarder in bawdy house. — Any person, male or female, who shall in this city be the inmate of or boarder or lodger in. or who shall in any way contribute to the support of any bawdy house, house of ill-fame, assignation house or other place kept or maintained for the practice of fornication, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. I, Sec. 47]. Sec. 773. Frequenting bawdy house. — Any person, male or female, who shall at any time in this city be found in or frequent- ing or loitering about any bawdy house, house of ill-fame, assigna- tion house or other place kept or maintained for the practice of fornication shell be deemed guilty of a misdemeanor: Provided, the provisions of this section shall not be construed so as to apply to any person or persons showing by competent proof that they visited such place on lawful business. [R. O. 1897, Chap. 50, Art. 1, See. 48.] Sec. 774. Same — reputation of house in evidence. — In order to convict any person for a violation of any of the provisions of the last three preceding sections the character of such house or 518 REVISED ORDINANCES. CHAP. XXXII. place may be established by proof that the same is generally re- puted to be a bawdy house, house of ill-fame, assignation house or a place for the practice of fornication. [R. 0. 1897. Chap. 50, Art. 1, Sec. 49]. Sec. 775. Permitting weeds to remain on lot — penalty.— It shall be unlawful for any owner or other person in charge of or having control or management of any lot or parcel of ground in this city to permit weeds to grow, or remain when grown, or to remain in a decaying condition after being cut on any such lot or parcel of ground, and any person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one nor more than tAventy-five dollars for such offense ; and each day any such person shall violate the provisions of this section shall constitute a separate and distinct offense. [R. 0. 1897, Chap. 50, Art. 1, Sec. 50]. Sec. 776. Pools, ponds and filth not allowed on vacant prop- erty — penalty. — It shall be unlawful for any owner or other per- son in charge of or having the control or management of any lot or parcel of ground within this city, between the first day of June and the last day of September of each year, to keep or permit any pond or pool of water upon any such premises, or to permit or keep any rubbish or filth of any kind whatever upon any such premises, and any person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than twenty-five dollars for such offense ; and each day such person shall violate the provisions of this section shall constitute a separate and distinct offense. [R. O. 1897, Chap. 50, Art. 1, Sec. 51]. Sec. 777. Throwing fruit or vegetable substance on side- walk. — Any person who shall in this city throw or place upon any sidewalk or crosswalk any part of fruit or vegetable or other sub- stance which, when stepped upon by any person, is liable to cause him or her to slip or fall, shall be deemed guilty of a misdemeanor. [R. 0. 1897, Chap. 50, Art. I, Sec. .52]. Sec. 778. Interfering with water pipes or valves, penalty.— If any person shall interfere with any water pipe of the St. Joseph Water Company without the consent of the said company first ART. I. MISCELLANEOUS OFFENSES. 519 had and obtained, by tapping the same or by making any connec- tion therewith, or shall, without such permission, interfere with any valve or connection made with such water pipe so as to let the water into any service pipe or turn it off from the same, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a s\im of not less than ten dollars nor more than one hundred dollars. [R. 0. 1897, Chap. 50, Art. 1, Sec. 53]. Sec. 779. Injuring books, etc., of public library, penalty. — Any person who shall carry away without authority, wilfully or maliciously cut, write upon, injure, deface, tear or destroy any book, periodical, map, newspaper, plate, engraving or other prop- erty belonging to the city of St. Joseph, and constituting part of the property devoted to the use of the Free Public Libiary, shall be subject to a fine of not less than two dollars nor more than twenty-five dollars, and the cost of prosecution. [R. 0. 1897, Chap. 50, Art. 1, Sec. 54]. Sec. 780. Expectorating in street cars and public convey- ances prohibited. — It is hereby declared unlawful for any person to spit or expectorate on the steps, platform, floor or any portion of the inside of any street railway car or other public conveyance used for the purpose of conveying passengers in the city of St. Joseph. [G. 0. No. 598, Sec. 1]. Sec. 781. Use of filthy cars prohibited. — ^It is hereby de- clared unlawful for any street car company or any person own- ing or operating any street railway or other public conveyance for passengers in said city to use for conveying passengers any car or conveyance unless the same be free from spit, expectora- tion or filth of every kind. [G. 0. No. 598, Sec. 2] . Sec. 782. Penalty for violation. — Any person who shall vio- late or fail to comply with any provision of either of the two pre- ceding sections shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than one dollar nor exceeding ten dollars. [G. O. No. 598, Sec. 3]. 520 REVISED ORDINANCES. CHAP. XXXII. Sec. 783. Police officers to enforce ordinance. — It is hereby made the duty of all police officers of the city of St. Joseph to see that the provisions of this ordinance are complied with, and not violated, and to take all proper action for that purpose. [G. O. No. 598, Sec. 4] . Sec. 784. Copy of ordinance to be posted in cars. — It is hereby made the duty of all street car companies, or any persons owning or operating street railways or other public conveyance in said city, to post a copy of sections 780, 781 and 782 of this or- dinance in all ears or vehicles for public conveyance, or to post section 780 of said ordinance, with brief statement of the penalty attached to the violation thereof. [G. 0. No. 598, Sec. 5]. ART. II. PENALTIES. 521 ARTICLE II PENALTIES. Section 785. Misdemeanor defined. 786. Punishment for misdemeanor where no specific penalty is prescribed. Section 787. Penalty when nc other is pre- sciibed. Sec. 785. Misdemeanor defined. — Whenever the tsrm "mis- demeanor" is used in any orui nance of the city of St. Joseph it shall be construed to mean and to stand in lieu of ''violation of ordinances." ]R. 0. 1897, Chap. 50. Art. 2, Sec. 1]. Sec. 786. Punishment for misdemeanor where no specific penalty is prescribed. — Any person who shall be convicted of any misdemeanor under the provisions of any ordinance of the city of St. Joseph, in case where no penalty is otherwise provided or prescribed, shall be fined not exceeding two hundred dollars for every offense. [R. 0. 1897, Chap. 50, Art 2, Sec. 2] . Sec. 787. Penalty when no other is prescribed. — Whenever in any ordinance the doing of any act, or the omission to do any act or duty, is declared to be a breach thereof, and there shall be no fine or penalty prescribed for such breach, any person who shall be convicted of any such breach shall be adjudged to pay a fine not exceeding two hundred dollars. [R. 0. 1897, Chap. 50, Art. 2, Sec. 3]. 522 REVISED ORDINANCES. CHAP. XXXIII. CHAPTER XXXIII. NUISANCES. Section 788. Privies; penalty for neglecting to provide. 789. Same; location and manner of building. 790. Time for emptying privy vaults. 791. Removal of dead animals. 792. Storage of green or salted hides. 793. Cattle and swine yards; when offensive. 794. Deposit of offal, filth, etc. 795. Removal of putrid and offen- sive matter. 796. Rendering of tainted or dam- aged substance. 797. Nauseous and offensive estab- lishments. 798. Offensive grounds and prem- ises. 799. Foul and offensive privies, cel- lars, vaults. 800. Nuisances on property of non- residents, how abated. Section 801. Sewers, sewer inlets, vaults and privies; rubbish not to be thrown into. 802. Removal of house dirt, etc., license for. 803. Throwing rubbish, etc., in street — permit necessary. 804. Same; persons offending liable. 805. Rubbish to be removed, how. 806. Penalty. 807. Health officer to cause city to be examined. SOS. Certain matters declared nui- sances. 809. May be abated by city, costs taxed against property, when. 810. Preceding sections, how con- strued. 811. Steam whistle a nuisance, when. 812. Penalty for violation. Sec. 788. Privies, penalty for neglect to provide. — The owner, agent or occupant having in the charge of any tenement used as a dwelling, or for lodging purposes, within the city of St. Joseph, shall furnish the same with a suitable privy, sufficient for the accommodation of all who may use it. Any person or persons neglecting to comply with the provisions of this section* shall be subject to a fine of ten dollars for failing to comply with the same within a reasonable time (not to exceed thirty days), after notice from the health officer of said city, and a fine of five dollars for every day's neglect and failure thereafter to comply with the pi'o- visions of this section. [R. 0. 1897, Chap. 51, Sec. 1]. Sec. 789. Same; location and manner of building-. — If any person shall erect or continue any ])riv3^ within tAventy feet from any street, or the dwelling, shop or well of any other person in said city, unless the same be furnished with a substantial vault at least six feet deep, and made tight, so that the contents cannot NUISANCES. 523 escape therefrom, and sufficiently secured and enclosed he shall be subject to a fine of not less then ten dollars, and a like fine for every week he shall continue the same after the first conviction. [R. 0. 1897, Chap. 51, Sec. 2] . Sec. 790. Time when privy vault may be emptied. — No privy vault shall be emptied between the fifteenth day of June and the fifteenth day of September, unless, on inspection, the health officer shall be satisfied that the same is necessary for the health and comfort of the inhabitants ; and in such case no more of the contents of such vault shall be taken away than shall be necessary for present safety and relief, and with such precau- tions relative to the prevention of any offensive effluvia as the health officer shall direct : Provided, no privy vault within this city shall be opened, nor the contents thereof disturbed or re- moved between the hours of 3 o'clock a. m. and 10 o'clock p. m., of any day. Any person violating any of the provisions of this section shall be subject to a fine of not less than five dol- lars nor more than one hundred dollars for every offense. [R. 0. 1897, Chap. 51, Sec. 3]. Sec. 791. Removal of dead animals. — The owner or posses- sor of any dumb animal which may die within the city shall, within twenty-four hours thereafter, cause the carcass to be re- moved beyond the limits of the city. Any person violating this section shall be subject to a fine of not less thaa five dollars nor more than one hundred dollars. [R. 0. 1897, Chap. 51, Sec. 4]. Sec. 792. Storing green or salted hides. — No person shall place or* store any green or salted hides in any store, warehouse or other building or place within the limits of this city, so that odor arising from said hides shall annoy or disturb the occu- pants of any tenement in the vicinity, under a penalt}" of not less than five dollars nor more than one hundred doUais, and a like penalty of every day the same shall be continued after the first conviction. [R. 0. 1897, Chap. 51, Sec. 5]. Sec' 793. Offensive pens for cattle or hogs. — Any person or persons who shall own, keep or use any yard, pen, place or prem- ises, in or upon which any number of cattle or swine shall be so kept as to be offensive to those residing in the vicinity, or an 524 REVISED ORDINANCES. CHAP. XXXIII. annoyance to the public, shall be deemed the author of a nuisance, and on conviction shall be subject to a fine of not lest, than five dollars nor more than one hundred dollars, and to a like fine for every day he or they shall neglect or refuse to abate such nuisance after a conviction for the first offense. [R. 0. 1897, Chap. 51, Sec. 6]. Sec. 794. Offal, rubbish, filth, slops, etc. — Any distiller, tan- ner, brewer, butcher, pork and beef packer, soap boiJer, tallow- chandler, dyer, livery stable keeper, or other person whatsoever, who shall cause or suffer any offal, manure, rubbish, filthy still slops, or any refuse animal or vegetable matter, or any foul or nauseous liquor to be discharged out of, or flow from any premises owned or occupied by him, or be thrown into, deposited or left in any stream of water within the limits of this city, the Missouri river excepted, or in or upon any street, alley, avenue, - public square, vacant lot, wharf or river bank in said city, shall be sub- ject to a fine of not less than five dollars nor more than one hundred dollars for every offense. [R. 0. 1897, Chap, 51, Sec. 7]. Sec. 795. Offensive matter to be removed. — No person shall permit or suffer any substance of the nature mentioned in the pre- ceding section, which is liable to become putrid or offensive or injurious to the public health, to remain on any premises owned or occupied by him in this city for a longer period than twenty- four hours at any one time, from the first day of March to the first day of November in any year, or exceeding forty-eight hours during any other part of the year, but the same shall be removed or buried within the time above designated. Any person who shall violate any provision of this section shall be subject to a fine of not less than five dollars nor more than one hundred dol- lars for every offense, and to a like fine for every day the same shall be allowed to remain after a conviction for the first offense. fR. 0. 1897, Chap. 51, Sec. 8]. Sec. 796. Offensive smells from rendering, etc.— No person shall steam or boil or in any way render any offal, tainted or damaged lard or tallow, or steam or render any animal sub- stance in such a manner as to occasion any offensive smell, or which will, by undergoing such process, so taint the air as to render it unwholesome or offensive to the smell, within the limits NUISANCES. 525 of this city. Any person who shall violate any provision of this section shall be subject for each offense to a fine of not less than five dollars nor more than one hundred dollars. [R 0. 1897, Chap. 51, Sec. 9]. Sec. 797. Foul or offensive establishments. — Any owner or occupant of any tallow chandler's shop, soap factory, tannery, distillery, livery stable, cattle yard or shed, barn, packing house, slaughter house or rendering establishment within this city, who shall suffer the same to become nauseous, foul or offensive, shall be fined in a sum of not less than five dollars nor more than one hundred dollars in every case. [R. O. 1897, Chap. 51, Sec. 10]. Sec. 798. Offensive grounds. — If any person shall own, oc- cupy or keep any grounds or other premises within this city in such conditions as to be offensive and a nuisance to the neigh- borhood, he shall be subject to a fine of not less than five dollars nor more than one hundred dollars, and to a like fine for every day such nuisance shall continue after the first conviction. [R. O. 1897, Chap. 51, Sec. 11]. Sec. 799. Sinks, sewers and vaults, etc. — If any person shall suffer or permit any cellar, vault, private drain, pool, privy, sewer or sink upon any premises belonging to or occupied by him, within this city, to become nauseous, foul, offensive or injurious to the public health, he shall be subject to a fine of not less than five dollars nor more than one hundred dollars in e'^^ery case, and to a like fine for every day the same shall continue after the first conviction. [R. O. 1897, Chap. 51, Sec. 12]. Sec: 800. Nuisance on property of non-resident. — Whenever any non-resident owning real estate or other property within the corporate limits of the city, shall permit a public nuisance to exist thereon, it shall be the duty of the street commissioner to abate said nuisance, and the property shall be held liable for the full amount of the cost of abating said nuisance. [R. 0. 1897, Chap. 51, Sec. 13]. Sec. 801. Refuse matter not to be thrown in sewer, etc.— No person shall, in this city, deposit or throw into any sewer, sewer inlet or privy vault which has a sewer connection, any 526 REVISED ORDINANCES. CHAP. XXXIII. animal or vegetable substance, or any straw, hay, ashes, soot or any article or substance whatever. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall hs fined not less than five dollars nor more than five hundred