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quorum fur the transaction of business.
c, 43. lhe mayor, or in case of his absence, the recorder, shall preside at all meetings of tne council ; the recorder hall also be and act as the clerk of the corporation, and shall attend all meet ing of the council, and make a fair and accurate record of all their proceeding, law, rule and ordinance, made and -passed by the council, and the m shall all lime b open for the inspection of the electors of the corporation. Sec. 49. Tbecouncil shall have pow er to 611 vacancies which may happen in their board- from the qualified elec tor ef the corporation, who shall hoi J their appointments until the next annual election, and until their successors are elected and qualified; and in the ab sence of the mayor and recorder, from. sny meeting of the council, the council shall hare power to appoint any two of shew number to perform the duties of mayor and recorder, for the time being See. 50. The council of any "incor porated villa", shall have power to pro vide, by a by-law or" ordinance,' for the election of a tresurer, marshal, and such subordinate officers, as they may think necessary, for the good government ol the corporation ; to prescribe their du ties and compensation, or the fees lhy hall be entitled to receive for their ser vices: to require' of them an oath of office, and a bond, with surety, for the faithful discharge of its duties. The period for the election of any efficcr, hall be fixed at the time of the regular annual election, and no appointment of any offieer shall endure beyond the po . riod of the term of office of the council making the appointment, and one week after the' qualification of tho members of the succeeding" council " Sec 51. The mayor of the corpora tion shall be a conservator of the pence throughout its lim't and shall have, within the same, all the power and jur isaitcion of a justice of the. peace, in all matters, civil or criminal, arising under the laws ofcthis state, to au intents and purpose whatever ;and for crimes and offences committed within the limits of the corporation, his jurisdiction shall be co-extensive i with the county ; he ahil! give bond and security, as is required by law, of justices of the peace, to be approved by the council ; and the said mayor shall perform all the duties re quired of him, by the laws and ordinan ces of the corporation, and appeals may be taken in the same manner as from decisions of justices of the peace; he hall keep a docket, and shall be allow ed and receive the same fees that jus tices of the peace are, or may be allow ed for similar' services, " Sec' 53. The marshal shall be the principal ministerial officer of the cor poration, and shall have the same pow er that constables bare by law, and his lunsdiction shall be coextensive with the county, forofiences conmilted within the limits of the corporation ; he shall exe cute lite process of the mayor.' and "re ceive the same fees for bis services that constables are allowed id similar cases. ; . See. 53." By the concurrent vote of fire members ef the council, me mayor. recorder, or any member of the coun efl, or any offieer of the -corporation, mar be removed from office ; but no such removal shall be made' without a charge ia writing being made, and an opportunity of hearing oeing given, un less the officer against '- whom the charge i made, "shall have removed out of the limits of' the county: and when any officer shall cease - to reside within the limits of the corporation, it shall be deemed a good ground for a removal from office, v" ,- Sea. 54. 1 1 shall be lawful for any council to provide for the immediate arrest, by live proper officers or the cor poratioOf of any person found . violating any ordinance made to . preserve peace and good order in such corporation: and any person so arrested, shall be ta ken forthwith before the mayor, or some justice af the peace of the county, for trial; the council may also provide that when any hoe is imposed for tho viola tion of any ordinance, the offender may be committed, until the line and costs of prosecution shall be paid, or until there shall, be discharge in due - course of law. ":. ;"''-''-.' V Sec- 65. Tho corporation shall bel lowed the use of the jail of the county, for the confinement of such persons as may be liable to imprisonment under ' the laws and ordinance of the corpor ation: and all. persons so imprisoned shall be under the charge of the jailor, as ia other cases.: '.--.'. - ,, OF CITIES. V '. Sec 58. The corporate - authority of ci tizena, organized or to be organised under this act. shall be vested in one principal officer, to be styled the May or ia one board of trustees to be -de nominated the City Council, together with such other officers as are in this act mentioned, or a mar be created under it authority. - ' V Bee. 57. The mayor shall be elected bienhially, ia cities of the first class, and aunaally in cities of the second elasa, on the first Monday of April, by the quali fied voters of the eilv: he shall - be a qualfied elector, and reside within the limits of the city, and shall hold his of fice daring the term for which he shall have been else led and until his suc cessors shall have been elocted and qualified; he shall keep an. office at . some convenient place in the city, to be provided by the city council, and Shall keep the corporate seal of the city : in his charge; he shall ign all com missions, licenses and permits, granted by the authority of the city council, and snch other acts, as br law or ordinance "roar reauire his certificate. In case of the death, disability, resignation, or oth er vacation of his office, the city coun cil may, by a vote of a majority of all its members, appoint some other per son to act until the expiration of the aid term. The mayor of the city sbal be its chief executive officer and conserva tor of its peaee, and it shall be his spe cial duty to eause the ordinances and regulations of the city to be faithfully and constantly obeyed ; he shall super vise the conduct of all the officers of the city, examine the grounds of all reason able eomDlaints made against any of kern, and cause all their violations of duty, or their neglects, to be promptly punished, or roport? d to the proper tri bunal for correction ; he shall have and exercise within the city limits, the pow er conferred upon the sheriffs of coun ties, to suppress disorders and to keep ' the peace; and he shall also perform raeh other duties compatable with the nature of hi office, as the cauncil may fram time to tine require; he shall re ceive such salary, payable quarterly out of the city treasury, as may be pro vided by ordinance, but the amount ot said salary, shall neither be increased nor diminised during any incumbent's terra of office. See. 58. - That until otherwise pro vided by the city council constituted by this act, the numbers, divisions and boundaries of the several wsrds of cities heretofore incorporated, shall remain as fixed br ordinance on the first day of .September. A. D. one thousand yeighl hundred and fifty-one; Provided, that the city council created by this act, may at any time create additional wards, and the boundaries thereof, and of thoe now established, alter in such manner as may be deemed expedient Sec. 59. That f Xe qualified voters of each ward within the several cities shall on the first Monday of , April, A. D. one thousand eight hundred and fifty three, elect, by a plurality of voters, two trustees who shall be residents ol ..the wards in which they shall be elected, and who shall at the time be qualified voters therein ;nnd when the city coun cil elected under this act, shall have been organized, as hereinafter provided. they shall proceed and determine dy ioi the term of service of each trustee, so elected, so that one of the trustees from each ward shall serve for two years, and the other for the term of one year; and at every succeeding annual city election, one trustee shall be elected by the qualified voters of each ward, who shall possess the qualification herein before required, and whose term of ser vice shall be two years, so tnat tne terms of tho two trustees of each ward shall always expire in different years; and the persons thus chosen, snail noia their offices until their successors shall be elected and qualified. The trustees elected for each city, shall, on the next Monday after their election, assemble together and organize the city council; a majority ot tne wnoie numoer oi trus tees, shall be necessary to constitute a quorum for the transaction of busi ness: thev shall be judges of the elec lion", returns, and qualification of their own members: they shall determine the rules of their proceedings, and keep a lournal thereof, which shall be open to the' inspection' and examination of any citizen, and may compel the atten dance of absent members, in such man ner and under - such penalties, as they shall think fit to prescride ;' they shall elect from their own body, a president, who shall preside at their meetigs during the term for which they shall have been elected and in the absence of the president, they may elect a pres ident orotem pore; they shall also ap point, from the qualified voters of the city, a city clerk, who shall have the custody of all the laws and ordinances of the city, and shall keep a regular and correct journal of the proceedings of the council, and shall perform such others duties as may be required by the mdiancee of the city ; the clerk in ot- fice at the expiration of the term of service of any council, shall continue in office until his successor shall be appoin ted and qualified. Sec. 60. Each city council shall cause to be provided for its clerk s otnee. seal, in the centre of which shall be the name of the city, around the margin the words "City Clerk," which seal shall be affixed to all transcripts, ordsrs, or cer tificates, which it may be necessary or proper to authenticate uuder the prov isions of this act,or ofand ordinance of the city. For all attested certificates and transcripts, other than those ordered by the citv council, the same fees shall be paid to the clerk, as are allowed to coun ty officers for similar services. -Sec 61. The city eouncil shall pos sess all the legislative powers granted in this act, and other corporate powers of the city, not herein, or by some ordi nance of the city council, made in pur suance of this act. conferred on some officer of the city ; they shall have tlx management and control of the finan ces, and of all the property, real and personal, belonging to the corporation; they shall provide the times and places ot holding ineir meetings which sunn at all times be open to the public, and the mayor, or any three trustees, may call special meetings, by notice to each of the members of the council, served rjersonnllr. or left at his usual place of abode; they shall appoint or provid by ordinance that the qualified voters of the city, or of the wards or districts, as the case may reauire. shall elect all such city officers as shall be necessary for the good government of said city, and for the due exercise of its corporate powers, and which shall have been pro vided by ordinance, as to whose ap- pointm ent or election provision is not herein made; and all city officers whose term of service is not prescribed, and whose powers and duties an not de fined in and by this ret, snail perform such, duties, exercise such powers, nnd continue tn office for such term of time, not exceeding one year, as shall be prescibed by ordinance; but all officers to be elected, shall be elected at the regular annual election for municipal corporations. The officers of all mu nicipal corporations shall receive such compensation and lees tor tnvir service, as the trustees shall sy ordinance pie scribe; .Provided, that the compensa tion of the council or trustees shall not exceed one dollar to each member for every regular or special meeting of the board. Sec. 62. The city council shall have power to establish a . board of health to invest it with such powers, and im pose upon it such duties as- shall be necessary to secure the city and the inhabitants thereof from the evils, dis tresses and calamities, of contagious, malignant and infectious diseases: pro vide for its proper organization, and the election or appointment ot the necessa ry officers thereof, and make such by laws, rules and regulations for its gov erament and suppot ,as shall be-requir ed for enforceing tho most prompt and efficient peformance of its duties, and the lawful exeroise of its powers; they shall have power to establish a city watch or police, to organize the same under the general superintendence of the mayor, marshal, or other officers of the police, prescribe its duties, and de fine it power, in such manner as will most effectually presere the peace of the city, secure the inhabitants there of from personal violence, and their property from fire and unlawful dep redations; they shall establish and or ganize all such fire companies, and pro vide them with proper engines, and such other instruments as shall be uec. essary to extinguish fire, and preserve the property of the inhabitants of the city from conflagration, and provide such by-laws and regulations for the government of the same, as they shall see fit'and expedient; and each and eve ry peraon who may belong to any such fire company, shall, in time of peace, be exempt from the performance of mili tary duty, under the laws of the State: they shall erect, establish and regulate the markets and market places for the sale of provisions, vegetables, and oth er articles necessary for the sustenance, comfort, and convenience of the city and the inhabitants thereof; no charge or assessment of any kind shall be made or levied on any wagon or other vehicle , or the horses thereto attached or belonging, bringing produce or pro visions to any of the markets in any city, forstanding in or occupying a place in any of the market spaces of the city, or in the street contiguous thereto, on market days and evening previous thereto, and no charge, assess ment or prohibition, shall be imposed or made on or against the owners of such wagons or vehicles, or the per sons using the same, in the respect of the use of the market spaces and streets, in the manaer and for the purposes aforesaid : but the city council shall have full power to prevent forestalling, to prohibit or regulate huckstering in the markets, to prescribe the kind and description of articles which may be sold, and the stand or places to be oc cupied by the venders; and may au thorize the immediate seizure, arrest and removal from the market of any person violating its regulation as estab- is lieu by ordinance, together with any article or product in their possession, and the immediate sizure and destruc tion of tainted or unsound meat, or oth er provisions. . ... sec 63. 1 he city council shall have the care, supervision and control of all pub lic highways, bridges, streets, alleys. public squares and commons, within the city, and shall cause the same to be kept open and in repair and free from nuisances; no street or alley which shall hereafter be dedicated to public use, by the proprietor of the ground in any city, shall be deemed a public street or alley, or to be under the care and control of the city council, unless the dedication shall be accepted and confirmed by an ordiance especially passed for such purpose : they shall have the power, in cities of the first class, to prescribe by ordinance the width of the tires of all wagons, carts, drays, and other "ehielcs used in the transportation of persons, or articles, from one part of the city to another, or in transportation of coal, wood, stone, or lumber into the city, to establish stands for hackney coaches, cabs and omnibuses, and enforce the observance and nse thereof, and to fix the rates and prices for the transportation of per sons and property in such coaches, cabs, and omnibuses, from one part ef the city to another. . Sec. 64. The city council shall have power lo establish, and construct, and to regulate landing places, wharves, docks piers and basins, and to fix the rates of landing, wharfage and- dockage, and to use for the purpose, aforesaid, any pub lic landing, or any property belonging to, or under the control of, the city, and th city council (hall have the use and control, for the above purpose, of the shore or bank of any lake or river, not the property of individuals, to the extent and in any manner that the stata can grant such use or control; the city coun cil shall have the power to appoint, or to provide that thequahued voters shall elect harbor masters, wharf masters, port wardens, and other officers usual or proper for the regulations of the naviga tion, trade or commeree of such city, to define their duties and powers, and fix their fees or compensation ; copies of ex amination and surveys, and of the pro ceedings of any port warden in the usual discharge of the duties of such officers certified under his hand and seal, shall he prima facie evidence of the facts therein duly stated. Sec. 65. lhe city council of any city shall have the exclusive power to estab lish, and to reguiatc and license, ferries from such citv, or landing therein, to the opposite shore or from one part .of said city to another, and in granting such li cense, to impose such reasonable terras and restrictions in relation to the keeping of such ferries, and the time, manner and rates of the carriage and transportation of persons or property, as the citv council mny pre scribe; and the city council shall hare power to provide for the revocation of any snch license, and for the punish meiit, by proper fines and penalties, of the violation ot any ordinance prohibit ing unlicensed ferries, or regulating those estabished and licensed. Sec. 66. The city shall have power to provide that when a fine shall be impos ed for the violation of the ordinances of the city, or any of them, and the same is not paid, the party convicted shall, by order ot the mayor or other proper au tbority, or on process issued for the pur pose, be committed until such fine and the costs of prosecution shall be paid, or the party discharged by due course of law ; they shall ulso have power to pro vide that any person convicted of a re peated and wilful violation of any ordi nance, who shall refuse or neglect lo pay the hue imposed, and the cost of prose eution, shall by like order of process be imprisoned and kept in confinement for any term not exceeding thirty days they shall have power to provide that all vagrants, common street beggars, common prostitutes, and persons dis turbing the peace of the city, shall on on conviction thereof, be punished by imprisonment, not exceeding thirty days any city shall be allowed lor the pur- pot e of imprisonment authorized under this act, the use of the jail of the proper county ; and all persons so imprisoned shall be under the charge of the sheriff Of the county, who shall receive and dis charge such persons, in such manner as shall be prescribed by the ordinance of the city, or otherwise, by due course of law. Sec. 67. Any member of the city council may be expelled or removed from office by a concurrent vote of two- thirds of all the trustees elected lo the city council, but not a second time for the same cause; any officers appointed by the city council mny be removed from office by a concurrent vote of a ma jority of the whole nnmber of trustees elected to the city council ; any officer e lected by the voters of the city, or of any ward or district, may be removed from clfice by a concurrent vote of two thirds of all the trustees elected to the city council, and provision be made, by ordinance, aa to the mode in wbicqchar ges shall be pre fered, nnd a hearing hall be had; in all eases of vacancies in the; city council, tney sunn be tiled by a special election ; and in case any office of an elective officer, except trustees of the wards, shall become vacant, before the expiration of the regular terra there of, the vacancy shall be filled by the city council, until a successor is elected and qualified ; and such successor shall be elected for the unexpired term, at the first annual election that occurs after the vacancy shall have happened. OF CITIES. OK THE SECOND CLASS. Sec. 68. The mayor of cities of the second class, shall have, within the limits of the same, all the jurisdiction and pow ers of a justice of the peace, in all mat ters, civil or criminal, arising under the aws of this State, to all intents and purports whatever; and for crimes and offenses, his jurisdiction shall be co-ex- tensive with the county ; he shall give bond and seeurity as is required of jus tices ot the peace to be approved by the city council; he shall have exclusive ju risdiction of all prosecutions for violation of the ordinances of the city ; he may award and issue any process or writs that may be necessary to enforce the administration of right and justice throughout the city, and for the lawful exercise of his jurisdiction, according to to the usages and principles of law ; and shall, in the discharge of the duties of a jus tare of the peace, receive the tees and compensation allowed by law in such cases. Sec 69. The qualified voters of each city of the second class, shall elect a city marshal, who shall hold hisofhcs for one year;a city treasurer, who shall hold his ofhee tor one year; and a city solicitor, who ahall bold his office for two t-ears, each of said officers shall continue in office until his succes sor is elected and qualified, and shall have snch powers, and perform such du ties ss are prescribed in this act, or as may be precsribed by any ordinance of the citv not inconsistent therewith. Sec. TO. The marshall of cities of the second class, shall execute and return all writs and process to him directed by the mayor; and in criminal eases, or ca ses of violation of the city ordinance, he may serve the same in any part of the county; it shall be his duty to suppress all riots, disturbances and breaches of the peace, to apprehend all disorderly persons in the city, and to pursue and arrest any person fleeing from justice in any part of the State ; to apprehend any person in the act of committing any of fence against the laws of the state, or ordinances of the city, and forthwith to bring such person before the mayor or other competent authority for examina tion or trial ; he shall have power to ap point one or more deputies, for whose official acts he shall be responsible : he shall have, in the discharge of his prop er duties, like powers shall be subject to like responsibilities, and shall reeeive the same fees, as sheriffs and constables in similar cases. OF CITIES OF THE FIRST CLASS. Sec. 71. The mayor of the cities of the first class, shall, at the first regular meeting of the city council in March of every year, and at such other times as as be may deem expedient, report to the city council concerning the mnnici- pal affairs of the city, nnd reoommend such measures as to him may seem ad visable ; the mayor shall appoint one chief of police, and as many subordinate officers and watchmen, the wathchmen to be selected in equal numbers from each ward, as the city council may di rect who shall hold their appointments during the pleasure of the mayor; he shall have power, in cases of urgency, to appoint as many special watchmen as he may think proper, but aoch ap pointment shall be reported to, and be subject to the action of city council, at its next meeting; no shall have, within the county in which such city is situa ted, in all criminal cases, all the powers of a justice of the peace; but except in cases of urgency or necessity the mayor shall not be required toi sit on the examination or hearing of any criminal charge or case, and warrants issued by him, shall be made returnable before some judge of the police court. Sec. 72. The qualified voters shall e- lect a city marshal, a city civil engineer, a city fire engineer, a city treasurer, a city auditor, a city solicitor, police judge and a superintendent of markets, who shall hold their offices for two years; each of said officers shall continue in of fices for two years; each of said officers shall continue in office until his succes sor is elected and qualified ; and shall have such powers and perform such du ties as are prescribed in this art, or as may be prescribed by any ordinance of the city, not inconsistent with this act, and which may not be incompatible with the nature of their respecteve offi ces. Sec. 73. The city marshal shall exe cute and return all process to him direc ted by tho mayor, or judge of the police court, and shall attend on the sittings of said court; he shall have power to ex ecute any such process, by himself or his deputy, in any part of the county ; it shall be bis duty to suppress all i jots, disturbances, and breaches of the peace, to apprehend a'.l persons in the act of committing any offence against the laws of theState or the ordinances of the city, and them forthwith to bring before the proper authority for examination or tri al; lie shall have power to pursue and arrest any person fleeing from justice, in any part of the State, and to receive nnd execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or States; to appoint one or more deputies, for whose official acts he shall be re sponsible; he shall have in the dischage of his proper duties, like powers, be subject to like responsibilities, and shall receive the same fees, as sheriffs and constables in similar cases. Sec. 74. The city council shall, by a general ordinance, direct the number of subordinate officers of the police and wntchmen to be appointed; they shall also provide, in addition to the regular watch, for the appointment of a reserv ed watch, to consist of suitable num ber of persons in each ward, to be called into duty in whole or in pait, in such manner and on such occasions as the council may prescribe ; and by the may or, or the officers of of the police, under his direction in special cases, or in Cases of emergen- cy ; the duty of the chief and other offi cers of the poli ce, and of the watchmen shall be under the direction of the may or, and in conformity with the ordinan- ces of the cily ; to suppress all riots, dis turbances and breaches of the peace, to pursne and arrest any person fleeijio- from justice, in any part of the State; to apprehend any and all persons in the act of committing any offence against the laws of tho State, or the ordinances of the city, and forthwith bring such person or persons before the police court, or other competent authority, for examination ; and at all times, diligently and faithfully to enforce all such laws ordinances and regulations, for the pres ervation ot good order and the public welfare, as the city council may ordain and for such purpose they shall have all the power ot constables ; the mayor marshal, and watchmen of the city may upon view, arrest any person or persons who may be guilty ot a breach of the ordinances of the city, or of any crime against the laws of the State ; and may upon reasonable information, supported by affidavit, procure process for the ar rest of any person or persons w"ho may be charged with a breach of any of the ordinances of the city. . bee. 75. lhe city council of any city in which water works are or may be constructed, shall establish a board of three trustees, to be known as the trus tees, of water works, who shall be e lected by the qualified electors of the city, and hold their office for the term of three years; but it shall be so provi ded that one of said trustees shall be elected annually; the trustees of water works shall manage, conduct and . control the city water works, furnish supplies of water, collect water rents, nnd appoint all nec essary officers and agents, under such rues and regulations as the city coun cil may prescribe; when any city shall have contracted a debt in respect of water-works, the rents and income which may arise therefrom Bhall be kept a separate and distinct fund, to be applied to the payment of 'he expenses of con structing and repairing the works, the payment of such debts, or the creation of a sinking fund for its redemption. Sec. 76. That on the first Monday of Arpil next, there shall be elected three commissioners; the person having the highest number of votes cast, to hold ' his office for' the term of three years,! the person having the next highest num ber, to hold his office for the term of two years, the person having the next I highest number, to hold his office for the term of oae year, and thereafter one shall be elected annually, who shall continue in office for the term of three years, and until his successor is elected and qualified ; it shall be the duty of the city commissioners to en force the ordinances of the city, to su perinted the cleaning and improvement and the lighting of the streets, lnnes.al leys, market spaces, commons, bridges, sewers, and landings of the city, and perform such other duties as the coun cil may by ordinance prescribe; they; shell with the mayor of said city, and the city civil engineer, constitute the board of city improvements, and receive such compensation for their services as the city council may determine ; the board of city improvements shall exercise such powers and perform such duties in the superintendance and construction of public works constructed by authority of the city councilor owned by the city, as the said council may from time to time prescribe. Src 77. The cily council shall have power to erect and establish, to main tain and regulate an infirmary for the accommodation of the poor of such city either within the limits of such city or within the county in which it may be situate; nnd for such purpose may purchase or hold any real estate that may be deemed necessary; the manage ment and government of any such in firmary, and the granting of out-door relief to the poor, under such rules and regulations as the council may prescribe shall be vested in in a board of three directors, to be elected by the qualified voters of the city, and hold their office for the term of three years, but it shall be so provided that one of said directors shall be elected annually; the city coun c 1 may provide that the qualified elec tors of each ward of the city shall elect or that said directors shall appoint, an overseer in each ward who shall perform such duties in respect to the care of the poor, and their removal lo said inhrmary as the city council may prescribe. Sec. 78. The city council shall have power to erect and establish, and to maintain and regulate, either within its limits, or within the county in which it may be situate, a house of refuge or a house of correction, and a work house, or either of them, and place the same under the management nnd control of such directors, superintendents, and oth er officers, as the council may by ordi nance provide; all children under the age of sixteen years, who shall be con victed of any offence made punishable by imprisonment under any ordinance of the city, or who shall be liable to be committed to prison under any sucn or dinance, may be confined in such house of refuge, and may be there kept, or ap prenticed out, under such rules and reg ulations as the directors of the house of refuge may prescribe, until they arrive at the age of eighteen years; nnd shall be lawful for the directors of such house of refuge, to receive any and take charge of any children who may be committed to their custody by the court of common pleas, or any judge justice of the peace, or other ofheer, under any law of the State; any person over the age of sixteen years, convicted of a violation of any ordinance, and lia ble to be punished therefor, by impris onment, may, in, lieu thereof, be com mitted to the house of correction, or to the work house, as may be provided by ordinance. Reo. 79. That the board of directors of any house of refuge heretofore estab lished bv anv citv. be and they are hereby authorized to appoint a commit tee of one or moreof their own number, with power to execute and deliver, on behalf of said board, indentures of ap prenticeship for any inmate of said in sliution whom they may deem a prop er person for an apprenticeship to a trade or occupation, to such person as said committee or tho board may select and agree with ; and that said inden tures shall have the like force and effect as other indenture of apprenticeship under the laws of Ohio, and that said indentures shall be filed and kept in said institution by the superintendent! thereof, and it shall not be necessary to file or record the same in any other place or office. . , . - Sec. 80. That when any boy or girl shall be convicted of any offence against the laws of this State, punishable with imprisonment in , the Penitentiary, or in the jail of the county where such house of refuge may be situate, and shall under existing laws, be sent to the house of refuge, instead of the pen itentiary or jail, and said girl or boy shall refuse to submit to the rules of said inslitulion.and prove to be stubborn and irreclaimable, in the opinion of a majority of said board, he or she may, by their order, be delivered into the custody of the sheriff of said county,' with a written atatement of the cause of his or her commitment, and of the conduct and character of such boy or giil.as exhibited in said institution, which statement shall be prepared - and sign ed by the superintendent of said insti tution; and it shall be the duty of the sheriff to receive such boy or girl into his custody, and to file said statement in the office of the clerk of the court of of common pleas, or in the office of the clerk of the court in which he or she shall have been tried, and to notify the prosecuting attorney of the county thereof; and thereupon the prosecut ing attorney shall cause such boy or girl to be brought before the court of com mon pleas, or before the court in which he or she may have been tried, to re ceive the sentence which the court shall deem just, according to the law, for the offence of which he or she shall havo been convicted, as aforesaid. Sec. 81. Thai when any inmate of said institution shall have been appren ticed, and shall prove untrustworthy and unreformed, he or she shall be re- commiltted, to the said institution, to be held in the same manner as before said apprenticeship. Sec. 82. The city council shall have power to erect, establish and maintain a city prison, which shall be in th keeping of the city Marshal, under such rules and regulations as the city coun cil shall prescribe. . The city council of such city shall provide one or more watch or station houses; they shall also provide suitable rooms for the holding of the police court; they shall provide by ordinance for the election by the qualified voters of the. city, or for the appointment by the police judge, of a clerk for such police court, and for the selection, summoning or empanneling its juries, and for all such matters touch ing said court, as tend to its efficacy or dispatch of business. JNo clerk of said court shall be in any manner concern ed as counsel, or agent, in the prosecu tion or defence of any person before such court. It shall be the duty of the city marshal, by himself or deputy, to attend the sittings of the police court. to execute its orders and process, and preserve order. oec. B-i. lhe police judge shall have, in all criminal cases, the powers and jurisdiction that are, or may be by law, invested in the justices of the peace of the county, in all respects whatsoever he shall also have the like power to take the acknowledgement of deeds and other writings; he shall have jurisdic tion of all violations of the ordinan ces of the city, and of all cases of petit larceny, and other inferior offences. which do not require an indictment, or presentment of a grand jury, with pow er to hear and determine the same, where a jury is not demanded, in cases where it may be properly claimed; the police judge of any such city, shall have power to hold a court, to be styled "The police Court." Every such police court shall be deemed a court of record, shall have a seal, to be provided by the city council, with the name of the slate in the center, and the style of the court around the margin, and shall have like jurisdiction as a court, as is or may be vested in the judge holding the Bame and shall also have full jurisdiction and power to hear and determine all cases of violations of the ordinances of the city, which shall be prosecuted in the name, or in behalf of the city ; and all cases of petit larcency, and other in ferior offences of every description, com mitted within the limits of the city, or within one mile thereof, and which the constitution or some law of the state, dos not require to be prosecuted by in dictment or presentment of grand jury, and prosecutions for such offences, shall shall be brought and conducted in the name of the state ; and for the proper exercis'eof such jurisdiction.sucb police court shall have, in respect to the issu ing of process, the preserving order, and punishing contempts, the adminis tering oaths, the summonining and era pannelling of juries, or otherwise, all the powers incident to a court of com mon pleas, in the hearing and deter mining of like cases. Sec 84. The police judge holding the police court shall be entitled to re ceive, in all criminal cases, prosecuted in behalf of the State, the same fees, to to be collected in like manner, as is or may be provided by law, as to jnstices of the peace, or judges of the probati court, in like cases; and in cases pros ecuted on behalf of the city, such fees, not exceeding fees for services of the like nature in state prosecutions, as the council may by ordinance prescribe and shall also receive such further sal ary or compensation as the city council in a hue manner may prescribe. Sec. 85. The police court shall al ways be open for the dispatch of busi ness, but may adjourn from day to day, or from time to time; and the mode in which cases shall be brought before the court, shall be regulated by the or dinance of the city council, or a rule of the court: the mrrors in said court shall have the qualifications of jurors in the ceurt of common pleas; the police judge shall adopt such rules of practice and proceding as will give to all parties a proper statement of any charge against them, full opportunity of being heard but shall at tne same lime dispatch the business of-the court with all convenient speed. Sec. 86. Any final conviction or sen tence of the police court, may be exam ined into by the court of common pleas on certiorari, which may be allowed by such court or a judge thereof, for suffi cient cause, andjjgjsroceediDgs may be stayed on such terms as may be deem ed reasonable; such police court or judge, shall return on such certiorari, all matters of record or on file touching the proceedings, or a transcript thereof, and any facts wnicn may nave oeen no ted by the judge, or certified in the na- , r 7 .. . ,i ture of a bill of exceptions at the timel of trial, which it shall be the duty of the judge on request of the party to do; and on such return, the court of common pleas shall make snrh order as riht and justice may require, and may either discharge the party, or set aside the conviction and order another trial or dismiss the certiorari and order a prece dendo ; but no conviction or sentence of any such judge shall be set aside or eisregarded for the want of any technical averment,that any matter or thing is within their jurisdiction ; and in like manner, as is above provided, may a conviction for a violation of an ordinance before the mayor of any cor poration be examined and revised. Sec. 87. That until the first Monday in April,, one thousand eight hnndre'd and fifty-three, and until a police judge shall be elected and qualified, the may or of any such city shall have all the powers and jurisdiction which are by this act vested in the polics judge, and shall hold the police court in like man ner, and with like jurisdiction and pow ers, as is required of the police judge, and shall be entitled to demand and re ceive the same fees, and compensation as is in this act, or may be provided by toe city councu, ior tne police judge or police court. Sec. 88. Alt by-laws or ordinances. and all resolutions or orders for the ap propriation or payment of money, shall require for their passage or adoption the concurrence of a majority of all th trustees of any municipal corporation; all by-laws and ordinances of a general or permannnt nature, shall be fully and distinctly read on three different days, unless three-fourths - of the council of the munic'iDal corporation in which the same may be pending, shall dispense with the rule; no by-law or ordinance shall contain more than one subject, which shall be clearly expressed in its title; and no by-law or ordinance, or section thereof, shall be revived or amended ; unless the new by-law or ordinace cantain the entire by-law or or ordinance, or section, revived or amended; and the by-law or ordinance, section or seetions,so amend ed, shall be repealed. No trustee or member of any council, shall, during the term for which he shall have been elected, or for one year thereafter, be appointed toany municipal office, which shall be created, or the emoluments of which shall : have been - increased. during the term for which, he shall have been elected; no such trustees or member shall shall be ap pointed to any municipal office, except in tbe cases provided in this act, during the time for which be may have been elected, nor shall any such trustee or member be interested, directly or indi rectly, in tbe profits of any contract or job, for work or services to be perform ed for. tbe corporation. The emolu ments of no officer whose election or appointmennt is required in this act, shall be increased or diminished during the terra for which he may have been elected or appointed; nor shall any change of compensation affect any offi cer whose whose office shall be creat ed nnder the authority of this act, dur ing his existing term, unless the efface be abolished ; and no person who shall have resigned or vacated any offie. shall be eligible to the same during the peri od of time for which he was elected or appointed to serve, where during tbe same time, the emoluments have been increased. REVENUES AND DEBTS OF MU NICIPAL CORPORATIONS. Sec. 89. That the council of any rauaicipal corporation's hereby author ized and required to cause to be certi fied to the auditor of the county, on or before the second Monday of June, an nually, the per centage by them levied on tbe real and personal property ia said corporation , appraised and return ed on the grand levy aforesaid ; and the said county auditor is hereby au thorized and directed to place the same on the duplicate of taxes for said coun ty, in tbe same manner as township taxes are now by law placer on said duplicate; which said taxes of such municipal corporation, shall be collec ted by the county treasurer of the county, and paid into ibe treasuei of such corporation, in the same manner, with the same power and restrictions, and under the same legulations; and in all things as to the sale of real or per sonal property, he shall be authorized, and he is hereby required to act accor ding to the provisions and requisitions of the law for the collection of taxes for state and county purposes. ' Sec 90. The amount which may be so certified, assessed and collected for a special road district, to defray the general and incidental expenses there of, shall not exceed two and a half mills on the dollar, of the amount subject to taxation ; for an incorporated village, to defray its general an1 incidental expen se?, three mills on tbe dollar; for a city of the second class, to defray its gen eral and incidental expenses, three mills on the dollar; for a city of the first class to defray its general and incidental expenses, five mills on the dollar. To the amount authorized for general and incidental purposes, there ma) be added, lo create special funds, for purposes specially designated, and to be applied or appropriated lo none other, as follows: By cities of the sec ond class, for the purpose of pay and support of the city police, an amount not exceeding one mill on the dollar; for the purpose of contributing to the maintenance of a fire departmeut, an amount not exceeding a mill on the dollar; by cities of the first class, for the purpose of the pay and support of the city police, an amount not exceed ing two mills; for the purpose of con tribution to the maintenance of a fire department, an amount not exceeding one mill on the dollar, for the purpose of a house of refuge, house of correc tion, work house and city prison, an amount not exceeding oue and a half mills; for the purpose of water works, and amount not exceeding one half of a mill on the dollar; for school purpo ses, an amount not exceeding two mills; for the purpose of a city infirmary, and out-door relief to the door, an amount not exceeding two mills on the dollar. Sec. 91. That fcr the purpose of cre ating a sinking fund for the gradual extinguishment of the bonds and fun ded debt of any municipal coiyoration, the council thereof shall annually levy and collect, in addition to the other taxes of said corporation, a tax of not more than one-half of a mill upon said property, appraised and returned as aforesaid, which shall be paid into said the city council, tow ards the extinguish menl of said bonds and funded debt, and to no other purpose whatever. ; Sec 92. That for the purpose ot paying the interest on the public debt of any municipal coiporatiun, the coun cil thereof ahull have power, and it is treasury, and be applied, by order of hereby made their duty to collect an nually, on the property appraisd and returned as aforesaid, a sum not excee ding two milh on the dollar, sufficient to pay and satisfy thewhole of such in terest as the same accrues," which sum when so paid into the treasury, shall be and remain a specific fund for that purtose only, and shall not be appro priated or used in any other way. ' Sec 93. That it shall be the duty . of the treasurer of the county to pay over to the treasurer of any municipal corporal ion all moneys received by him arising from taxes levied belonging to such municipal corporation, on or be fore the first day of January in each year, and such moneys as said county treasurer may receive alter that time, for delinquent taxes belonging to such " corporation, he shall pay over to the . treasurer thereof, as he receives tbem; and any money heretofore collected, and now held by the treasurer of any county for any special fund hereinbe fore provided shall be ptid . into; the traseury ot the municipal corporation hereby authorised so levy . a tax for . such special fund. ' '' --' Sec 91. In any municipal corporation where the power exists to impose tax es upon lots when platted and recor ded the corporation shall ' alao have poyr to impose taxes upon parcels of land laid off into lots and sold or' leas ed by metes and bounds or other des cription, though the same shall not havo been platted or recorded. - Sec 95." That the council of any municipal corporation shall have powd er whenever in their opinion the inter ests of the corpoiation require it, to be vy and collect a tax on dogs and other domestic animals not included in ' the list of taxable property for state and county purposes, which said tax shall be collected by the collector of such corporation, and be paid into the treas ury thereof. Sec ' 9(5.- The council of any incor- ' poraied village or city may license ell exhibitors "of shows, and performances of every kind not otherwise prohibited by liw: all hawker and peddlers; all auctioners of horses or other animals, in the highways Or public ground of the corporation; all vender of gunpow der; ail taverns and houses of publie entertainment; All huckers in the pub lic streets or marke.a; and in granting such license, may exact and receive such sum or sums of money as the council shall think fit and expedient Any such council may ah require tho owners of all vehicles, of every descrip tion, used f it tbe evriage or transpor tation of persons or property, for biro in the corporation, all undertaker or owners of hearses, to take out a li cense; but the owner of any such re? - bicle may be made liable for tho iweactt . of any ordinance regulating the eoa ductof the drivers thereof. , Sec. 97. Loans may . be made by municipal corporations, in anticipation of the revenues of the current fiscal year, and payable within suchyear; but tbe aggregate amount of such loans, in any one fiscal year, shall sot exceed, in case of a special road. dieiricV ono thousand dollars, of an incorporated vil- . lage, five thousand dollars, of a ciiy of the second class, fifty thousand dollars, of a cily of the first class, one hundred thousand dollaH. - - . , ,'- Sec 98. That the council of any municipal corporation, shall not author ize any loan or appropriation not pred icated on the revenues of the corpora tion for the current fiscal year, and shall not authorize any order or ap propriation of money, when there i not in the city treasury money unap pioprialed, sufficient to- pay such a proptiation ; and any appropriation oth- ei wise made or au.nurizeo, snail oe held and deemed utterly void, and of no effect as against said corporation.. , OF ELEC HONS AN QUAIFI- - CATIONS OF OFFICERS. Sec. 99. The first Monday in. April shall be the regular annual, period for the election of all municipal officers; and all officer whota election is pro vided for in this act, or may be provi ded for by any by law or ordinance, shall be elected on that day. Spe cial elections of members of the city council of any city, shall be held at such time as the mayor may direct, so that ten days notice thereof be given. The trustees or council of every mu nicipal corporation, shall direct "the place or places for holding election for municipal officers. . In all cities there shall be a place appointed in each ward for holding all elections.. Any person,, who, at the time of any election of municipal officers, would be a qualified VDter, under the laws of the State, for county officers, and shall ac tually reside in the coproraiion or ward in which he offers to vote, shall be deemed a qualified voter. And all elections shall in all respects, be held and conducted in the manner pre scribed by law, in case of township elections. . - Sec. 100., The returns of all munic ipal elections in cities and incorporated villages, which are divided into elec tion districts and wards, shall be made to the clerk or recorder of the corpor ation, and shall be opened by him with in the time prescribed as to the clerk of the court of common plea in county elections. He shall call to his assist ance the mayor of the corporation, or if there be no mayor, or the mayir shall have been a candidate at such election, then any justice of the peace of the county, and shall in hi pres ence, make out an abstract r and ascertain the candidates elected, in all respects, as required by law of the clerks of the court of common pleas: and shall in like manner, make out a certificate as to each candidate so elec ted and cause the same to be deliver to him, or to be left at his usual place of abode. At all elections in cities or incorporated villages which are not di vided into election districts,' or wards, the mayor and trustees any three of whom shall be a quorum shall serve as judges, and the recorder shall serve as clerk, ana alter canvassing tne vote s which may be given nt such election, shall declare the result and the recor der shall make out and deliver to each person elected to any office in such city or incorporated village, a certificate .of