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Ordinances, passage, proof,

Land for hospital, cemet. eries, water works.


shall be as binding upon the council and upon the city as if done by the mayor.

XL. All ordinances of the city shall be passed pursuant to such rules and regulations as the council may provide, subject to the provisions of this act; and all ordinances of the city may be proved by the certificate of the clerk, under the seal of the city, and when printed or published in book or pamphlet form, and purported to be published by authority of the city, shall be read and received in evidence in all courts and places, without further proof.

XLI. To purchase, hold, and pay for, in the manner herein provided, lands not exceeding eighty acres in one body, outside of the limits of such city for the purpose of the burial of the dead, and all necessary grounds for hospital grounds and waterworks.

XLII. To survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and avenues leading thereto, owned by such city; to construct walks therein, rear and protect ornamental trees therein, and to provide for paying the expenses thereof.

XLIII. To convey cemetery lots owned by such city, by certificates signed by the mayor and countersigned by the clerk under the seal of the city, specifying that the person to whom the same is issued is the owner of the lot or lots described therein by number, as laid down on such map or plat, for the purpose of interment; and such certificate shall vest in the proprietor, his or her heirs and assigns, a right in feesimple to such lot, for the sole purpose of interment, under the regulation of the city council; and such certificate shall be entitled to be recorded in the office of the register of deeds of the proper county, without further acknowledgment, and such description of lots shall


be deemed and recognized as a sufficient description thereof.

XLIV. To limit the number of cemetery lots which same. shall be owned by the same person at the same time; to prescribe rules for inclosing, adorning, and erecting monuments and tombstones on cemetery lots; to prohibit any diversion of the use of such lots, and any improper adornment thereof; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves, or of such lots. XLV. To pass rules and ordinances imposing penal- Same,

penalties. ties and fines not exceeding one hundred dollars, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and trespassers therein. And the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself.

XLVI. To restrain, prohibit, and suppress unli- Restrain indecensed tippling shops, billiard tables, bowling alleys, 10 feb., 537. houses of prostitution, and other disorderly houses and practices, games and gambling houses, desecration of the Sabbath day, commonly called Sunday, and to prohibit all public amusements, shows, exhibitions, or ordinary business pursuits upon said day, and all lotteries or fraudulent devices and practices for the purpose of obtaining money or property, and all shooting galleries, and all kinds of public indecencies.

XLVII. · To make regulations to prevent the intro- Contagious duction of contagious diseases into the city, to make quarantine laws for that purpose, and enforce the same within five miles of the city.

XLVIII. To erect, establish, and regulate hospit- Regulate hosals, workhouses, and poorhouses, and to provide for the government and support of the same.



pitals, etc.

Health, nuisances.

Establish police.


XLIX. To make regulations to secure the genera. health of the city, and to prevent and remove nuisances, and to provide the city with water.

L. To establish, regulate, and support night watch and police, and define the powers and duties of the same.

LI. To provide for and regulate the lighting of the streets, and the erection of lamp posts.

LI. To purchase and own grounds for, and to erect and establish market houses and market places, and to regulate and govern the same, and also to contract with any person or persons, or association of persons, companies, or corporations, for the erection and regulation of said market houses and market places, on such terms and conditions, and in such manner as the council may prescribe, and raise all necessary revenue therefor, as herein provided.

LII. To provide, when authorized by vote of the people as provided by law, for issuing bonds for the purpose of funding any and all indebtedness, now existing or hereafter created, of the city, now due or to become due.

LIII. To make provisions for a sinking fund to pay accruing interest, and to pay at maturity the principal of the bonded indebtedness of the city, and to levy and collect taxes on all the taxable property in the city in addition to other taxes, for the purpose of paying the same, and to provide that the said tax shall be paid in cash; and whenever any city has heretofore issued bonds by virtue of any special authority derived from the legislature of the territory or state, the council shall have power to levy and collect taxes for the purpose of paying such bonds as is provided in the laws giving such authority.

Funding bonds.

Sinking fund.

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LIV. To provide for the revision of the ordinances Revision of

ordinances, from time to time, and for their publication in pam- publication, phlet or book form, with or without the statutes relative to cities of the second class. LV. To regulate, license, or suppress halls, opera Regulate halls,

churches, etc. houses, churches, places of amusement, entertainment, or instruction, or other buildings used for the assembly of citizens, and to cause the same to be provided with: sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, and for escape from such place in case of fire, and to prevent the overcrowding and to regulate the placing and using of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein, and to provide that for any violation of any such regulation, a penalty of two hundred dollars shall be imposed, and that upon conviction of such license of any violation of any ordinance regulating such places, the license of any such place shall be revoked by the mayor and council, and whenever the mayor and council shall by resolution declare any such place to be unsafe, the license thereof shall be thereby revoked; and the council may provide that in any case where they have so revoked a license, any owner, proprietor, manager, lessee, or person opening, using or permitting such place to be opened or used for any purpose involving the assemblage of more than twelve persons, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and fined in any sum not exceeding two hundred dollars.

LVI. To prescribe the thickness, strength, and man- Regulate conner of constructing stone, brick, and other buildings, buildings. and to prescribe the number and construction of means of exit and entrance, and the number and construction of fire escapes, and to require the keeper or proprietor


Work on streets

of any hotel, boarding house, or dormitory to provide and maintain such sufficient and such number of ladders, ropes, balconies, and stairways, and other appliances as by ordinance may be prescribed to facilitate the escape of persons from any such building in case of fire.

SEC. 53. Each city governed by this chapter is hereby empowered to provide that all male residents of the corporation, between the ages of twenty-one and fifty years, shall, between the first day of April and the first day of November of each year, either by themselves or satisfactory substitute, perform two days labor upon the streets, alleys, or highways within such corporation, at such time and places as the proper officer may direct, and upon three days' notice in writing given; Provided, That all persons so notified may commute the labor so required by the payment of the sum of three dollars to the proper officer of such city, as may be provided by ordinance, and the fund arising under this section shall be expended by the city authorities, in the repair and maintenance of the streets and alleys and highways in said city. They may further provide, that for each day's failure to attend and perform the labor as required at the time and place specified, the delinquent shall forfeit and pay to the corporation any sum not exceeding one dollar for each day's delinquency. The amount so due for labor tax to the amount of three dollars, upon the failure to labor or commute as above required, shall be treated and collected as taxes on property, and the same shall be a lien on all the property of such persons that may be listed and assessed for taxation for that year; and it shall be the duty of the city council to certify the amount due from each individual as aforesaid to the county treasurer, as hereinbefore provided, and the certificate of the city clerk, under the seal of the city, that the person named therein

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