unless otherwise agreed, or unless such tenant or occupant be bound to bear such expense by the terms of the agreement under which he holds the premises.

On refusal

of owner the council

may widen

and co lect amount

est.

Sec. 120. Whenever the owner or occupant of any house or lot shall refuse or neglect, within such time as the common council shall have appointed, to conform to any regulation made by the said council for widening streets, or for any other pur with inter pose, it shall be lawful for such common council to cause such regulations to be enforced at the expense of the city, and to recover the amount of such expenses, with damages, at the rate of ten per cent., with costs of suit, from the owner or occupant of such house or lot whose duty it was to conform to such regulation, or may add thereto ten per cent., and return the same, to be assessed and collected in the same manner as the ordinary city taxes are collected, and shall be a lien upon the premises as any other taxes.

for side

lected.

keep walk in

Sec. 121. The common council are authorized to assess the Assessment of non-resilands of non-residents of said city their just proportion of the dent land expenses of cleaning and repairing streets and side-walks, and walks, &o. removing nuisances; and the said expenses shall be assessed in the same manner, and the amount so assessed shall be co- How collected in the same manner, and the same proceedings shall be had in case of the non-payment of the same, as in relation to the assessments for public improvements in the city, except as the common council may otherwise determine or direct. It shall in all cases be the duty of the owner of every lot or parcel of land Owner to in said city, to keep the side-walk adjoining his lot or piece move snow, of land in good repair, and also to remove and clear away all snow and ice, and other obstructions, from the side-walk. If any owner, after notice so to do shali have been posted on the Proceedings premises, or otherwise given, served or published, as the com- of owner. mon council may direct, by ordinance, resolution or otherwise, shall fail or neglect so to do, for such time, not less than twenty-four hours, as the common council, by general or special ordinance, resolution or otherwise, may fix, the common council may cause the same to be done at the expense of the city,

repair, e

&c.

on neglect

Poll tax.

List of persons liable

and may add such expenses, not exceeding thirty dollars on any lot or piece of land in any year, to the amount of the general city tax on such land, in the next general assessment rolls of the city; and such amount, so added, shall be a lien on the premises, in the same manner as the tax to which it is added, and may be collected and enforced, and (if not paid or collected) the land sold therefor, in the same manner as for general city taxes.

Sec. 122. Every male inhabitant of said city over the age of twenty-one years, except as hereinafter provided, residing in said city, shall be assessed a poll-tax in said city of one dollar each per annum.

Sec. 123. The supervisors of each ward of said city shall, on to poll tax. or before the fifteenth day of May in each year, furnish the common council with a list subscribed by them of the names of all the inhabitants of each ward who are liable to be assessed for poll-taxes.

Street com. missioner,

tion.

Sec. 124. The common council of said city shall appoint a compensa street commissioner, who shall hold his office at their pleasure, who shall receive not to exceed one dollar and fifty cents for each day by him actually employed in the discharge of the duties hereinafter imposed upon him, and at the same rate for parts of a day so employed.

Duties of street commissioner.

Sec. 125. The street commissioner shall act under the instruc tions and control of the common council, and shall superintend the work of making, building, improving, repairing, cleansing and altering of the streets, alleys, bridges and other public works or improvements in the said city, all of which work shall be Accounts for paid for out of the general fund of the said city, by orders streets, &c., drawn upon accounts duly audited by the common council, and

work on

to be audit

ed.

the

Limitation. money so expended in any one year shall not exceed onefourth of one per cent. of the assessed valuation of property in said city on the assessment rolls thereof: Provided, The amount so expended shall be laid out in each ward, in proportion to the assessed value of property therein, as near as may be.

Proviso

Sec. 126. Said common council are hereby authorized to reg

common

ulate and direct all things in said city by ordinances, not in- Authority of consistent with any of the provisions of this act and the laws council. of this State.

cers.

Sec. 127. Said common council shall have power to require Bond of offof any of the officers elected or appointed in said city, a bond or bonds for the faithful discharge of the duties of such office, and for the payment of any moneys that may come into their hands as such officers, and the form and penalty of such bonds may be prescribed by such common council, by ordinance or otherwise.

Sec. 128. Said common council, for the city, shall have power to borrow, for the time being, such sums of money as they may deem necessary, in anticipation of receipts from taxes, not exceeding two thousand dollars in any one year, for the purpose of defraying the current expenses of said city, and working on streets and bridges; and such sum or sums of money so borrowed shall be paid out of the taxes raised for that year.

Council may borrow mo

ney.

of Clerk to no

tify person

of elected to

office.

spectors.

Sec. 129. It shall be the duty of the clerk or acting clerk the first election, to notify the respective persons elected their election within two days after such election; and the Duty of ininspectors of said first election shall meet on the first Wednesday of April, 1861, at the Firemen's Hall in said city, and ascertain the person who has received the highest number of votes for the respective offices of said city, and they shall declare such person elected, and notify him of such election within two days after such meeting.

1

for canvass

Sec 130. For the canvassing of the votes for city officers, Regulation the common council shall make such regulation as they may ing. deem necessary therefor.

notice of

Sec. 131. The clerk of said city shall notify the county clerk Clerk to give of the election of constables and justices of the peace in the election of. respective wards of said city, in the same manner and within the same time as by law is required of township clerks: Provided, That at the first election under this act, the clerk of the respective ward elections shall give such notice.

Sec. 132. When the marshal or ward treasurer shall have

son pop

on for taxes.

Sale of per levied upon any personal property for the non-payment of any erty level tax or assessment in this act provided, he shall proceed to advertise and sell the same in the same manner, and upon like notice, as required by law in the levy and sale of personal property for non-payment of taxes by township treasurers.

Council may prohibit

wood build

May regu

late build

ing, &c.

Sec. 133. For the purpose of guarding against the calamities. ection of of fire, the common council may, from time to time, by ordiings. nance, designate such portions and parts of the said city as they shall think proper, within which no buildings of wood shall be erected, and may regalate and direct the erection of buildings within such portion and parts, and the size and materials thereof, and the size of the chimneys therein; and every person who shall violate any such ordinance or regulation, shall forfeit to the city the sum of one hundred dollars, and every building erected contrary to such ordinance is hereby declared to be a common nuisance, and may be abated and removed by such common council.

Council may require scuities, ladders, &c.

Fire buck

ets.

Ashes de. pits

Ch moey

flues, &c.

Sec. 134. The common council may, by ordinance, require the owners and occupants of houses and other buildings to have scuttles on the roofs of such houses and buildings, and stairs or ladders leading to the same; and wherever any penalty shall have been recovered against the owner or occupant of any house or other building, for not complying with such ordinance, the common council may, at the expiration of twenty days after such recovery, cause such scuttles and stairs or ladders to be constructed, and may recover the expense thereof, with ten per cent. in addition, of the owner or occupant whose duty it was to comply with such ordinance.

Sec. 135. The common council may, by ordinance, require the inhabitants of the city to provide such and so many fire-buckets for each house or tenement therein, and within such time as they may prescribe, and may require such buckets to be produced at every fire.

Sec. 136. The common council may regulate and direct the construction of safe deposits for ashes, and may compel the cleaning of chimneys, flues, stovepipes, and all other conductors of

smoke; and upon the neglect of the owner or occupant of any house, tenement or building, of any description, having therein any chimneys, flues, stovepipes, or other conductors of smoke, to clean the same, as shall have been directed by any ordinance, the common council may cause the same to be cleansed, and may collect the expenses thereof, and ten per cent. in addition, from the owner or occupant whose duty it was to have the same cleaned.

stables, &o.

Sec. 137. The common council may regulate the use of lights Lights in and candles in livery stables, and other buildings in which combustible articles may be deposited, and may prescribe the use of lanterns or safety lamps in such buildings, and may regulate the transporting, keeping and deposit of gunpowder, or other dangerous or combustible materials, and regulate or prevent the carrying on of manufactories dangerous in causing or promoting fires, and may authorize and direct the removal of Removal of hearths, &o. any hearth, fireplace, stovepipe, flue, chimney, or other conductor of smoke, or any other apparatus or drain [device] in which any fire may be used, or to which fire may be applied, that shall be considered dangerous and liable to cause and promote fires, and generally may adopt such other regulations for the prevention and suppression of fires as they may deem necessary.

tion of per

fires.

Sec. 138. For the purpose of enforcing such regulations, the Examina common council may authorize any of the officers of the said ROD & to safety from city, and may appoint persons, at all reasonable times to enter into and examine all dwelling-houses, buildings and tenements, of every description, and all lots, yards and enclosures, and to cause such as are dangerous to be put in safe condition, and may authorize such officers and persons to inspect all hearths, fire-places, stoves, pipes, flues, chimneys, or other conductors of smoke, or any apparatus or drain [device] in which fire may be used, or to which fire may be applied, and remove and make the if unsafe to be repaired. same safe, at the expense of the owners or occupants of the buildings, in which the same may be, and to ascertain the number and condition of the fire-buckets, and the situation of any building