Ray County, Missouri - The whole text, 1881 (part 11 of 23)

Besides the human beings enumerated, about ninety head of stock - horses, cattle, etc., were killed. One team of horses was lifted up and blown over the brick lumber yard of Jackson & Patton, and, being dashed to the ground, in the back yard, were killed. Chickens and geese were literally stripped of their feathers, and trees which were not blown down or torn up by their roots, were barked from bottom to top.

On the west side of the cyclone, the debris moved south, on the east side it moved north, showing the rotation to have been from right to left.

The postoffice building was a light, two story frame, on the east corner of the north side of the public square. It was totally demolished, and the contents scattered along the pathway of the cyclone for many miles.

A registered letter was found thirteen miles north of town, lying against a house. The letter was picked up by a farmer, who, finding it contained two fifty dollar bills, returned it to the post master at Richmond.

Thousands of persons visited Richmond for several days succeeding the storm. Nearly all came, and did all in their power to relieve the immediate wants of the sufferers.

The destruction was complete over two entire blocks of buildings, from the southern to the northern limits of the city. Outside of those blocks, on either side the buildings and property, generally, were injured to a greater or less extent along its entire path.

4. The head, source, or place where the power wras applied was after the cyclone was perfectly formed, a dark cloud, moving with the firmness of a mountain, and the rapidity of the swiftest horse.

5. The rotary motion gave it a lateral diameter of one hundred and fifty yards/ The rotation was often so rapid as throw air waves to either side, with very destructive effects, and sometimes reaching a distance of three hundred yards bevond the main path.

6. There was no particular development of heat, as to scorch green substances or to burn persons. The ground was soaked with rain twenty minutes in advance of the cyclone, and the soil was worked into a thin mortar, and smeared overything; hence the appearance of a flood.*

City council met, and was called to order by the mayor, George I. Wasson. The roll was called. Present, the mayor, and councilmen, J. W. Black, James W. Garner, George A. Hughes, and William Wilson.

Whereas, Our city having been visited on last Saturday afternoon, by a most terrible cyclone, carrying death and destruction in its pathway, and many families were rendered houseless, and the home circle bereft of of its loved ones, stricken down in its devastating course, and among that number our esteemed fellow citizens and members of the city council, Wm. A. Donaldson and Francis M. Ball; therefore be it resolved by the council, of the city of Richmond, have sustained an irreparable loss, society has been deprived of two of its most worthy and useful citizens, and the city council of two of its most active, energetic and faithful members.

Resolved, That we tender to their bereaved families and relatives, our heartfelt sympathy and condolence, in this, the hour of their great affliction.

Resolved, That a copy of these resolutions be communicated to the families of the deceased, by the city recorder, and that they be spread upon the records of the city council.

It is not easy to imagine how greater destruction could be wrought in the same length of time than was caused by the Richmond cvclone of June 1, 1878. It was indeed a great calamity, and will long be remembered.

From personal experience, endured at another time, in another state, the writer is fully prepared to appreciate the suffering of those who were so unfortunate as to be in the pathway of the terribly devastating whirlwind.

With a list of the members of the bar and medical profession, and the city charter and revised ordinances of the city of Richmond, we close its history.

Lawyers who have distinguished themselves in various departments of life, have either lived or practiced law at Richmond. Among them we mention: Alexander W. Doniphan, Hamilton R. Gamble, Charles French, Robert W. Wells, Abiel Leonard, Amos Rees, Thomas C. Burch, Mordecai Oliver, Austin A. King, Peter H. Burnett, and Aaron H. Conrow.

General Doniphan's fame as a soldier is world-wide. His heroic military exploits are read in the school room, and live in the hearts of his countrymen, yet he is not unknown as a brilliant and successful lawyer. He is now retired from practice, and is a resident of Richmond.

The Richmond bar has, at present, twenty members; several of them have practiced in Richmond for many years, and are well and widely known, as well for their professional ability as for their sterling worth as members of society. The majority, however, are energetic and talented

Following is a list of members of the Richmond bar in April, 1881: Geo. W. Dunn, Christopher T. Garner, James W. Black, Joseph E. Black, Chas. J. Hughes, John W. Shotwell, David P. Whitmer, James L. Farris, Adam J. Barr, Elijah F. Esteb, James W. Garner, Frank G. Gibson, C. T. Garner, Jr., William S. Conrow, Thos. N. Lavelock, J. E. Ball, John R. Hamilton, John H. Dunn, George A. Stone and John F. Morton.

Dr. Nathaniel Davis was a physician of Richmond for many years, but is now retired from the practice, and is living quietly at his home, just without the eastern limits of the city.

Section 1. All that district of country contained within the following boundaries, to-wit: Beginning at a point fifty-eight chains and fifty links north of public square, on the line between the land of G. W. Dunn and Mrs. Darneal; thence east to the section line between sections twentynine and thirty, fifty-two chains and fiftv-four links; thence south one hundred and three chains and eighty-two links; thence west one hundred and five chains and eight links; thence north one hundred and three chains and eighty-two links; thence east fifty-two chains and fifty-four links, to the place of beginning, shall be, and the same is hereby erected into a city, by the name of "The City of Richmond," and the inhabitants thereof shall be, and they are hereby constituted, a body corporate and politic, by the name and style of "the mayor, councilmen, and citizens of the city of Richmond," and by that name they and their successors forever shall have perpetual succession, shall sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity, and in all actions whatsoever; may contract and be contracted with, may purchase, receive, and hold property, real and personal, within said city, and may sell, lease, or dispose of the same for the benefit of the city, and may purchase, receive, and hold property, real or personal, beyond the limits of said city, to be used for the burial of the dead of the city, or for the establishment of a hospital lor the reception of persons afflicted with contagious or other diseases, or for the erection of a poor-house and farm, or work-house, or house of correction, and may sell, lease, or dispose of such property for the benefit of the city, and may do all other acts and things as natural persons. They may have and use a common seal, and may break, alter, change, and make a new seal at pleasure.

same number of free white male inhabitants in each ward, and the city council shall have the power to alter or change the boundaries of said wards from time to time, as they see fit, or to increase, or diminish the number of said wards, having regard to the number of free white male inhabitants, as aforesaid, so that each ward shall, as aforesaid, have, as nearly as may be, an equal number of inhabitants.

Section 1. The corporate powers of the inhabitants hereby incorporated under the name and style of the " mayor, councilmen, and citizens of the city of Richmond," shall be vested in and exercised by a city council, to consist of one member from each ward, to be elected by general ticket, by the qualified voters of said city, on the first Monday in April, annually, unless otherwise provided by ordinance.

Sec. 2. No person shall be a member of the city council, unless he be a free white male citizen of the state of Missouri, over the age of twentyone years, and shall have resided within the city limits three months, next preceding his election, and be a bona fide resident of the ward for which he is elected.

Sec 4. The council, in the absence of the mayor, shall elect one of their number to be a president pro tempore of the council, and the president -pro tempore thus elected, shall, during the absence from the city of the mayor, or of a vacancy in the office, or of inability of the mayor to serve, perform all the duties of mayor.

Sec. 5. The mayor and the city council shall and may annually choose such agents and servants as they shall deem necessary in the transaction of their business, and remove them at pleasure.

Sec. 6. The mayor and the city council shall be the judges of the election returns, and qualifications of such mayor and members of said city council, and shall determine contested elections.

Sec. 7. A majority of the council shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such a manner, and under such penalties, as the council may prescribe.

Sec. 8. The council may determine the rules of their proceedings, punish their members for disorderly conduct, and, with the concurrence of two thirds of all the members elected, expel a member, but not a second time for the same offense.

Sec. 9. The mayor and council shall keep a journal of their proceedings, and the ayes and nays of the members on any question shall, at the desire of any member present, be entered on the journal.

Sec 10. Neither the mayor or any member of the council shall, during the time for which he or they are elected, be appointed to any office under the provisions of this act, unless a petition to that effect be signed by two-thirds of the qualified voters of the city.

Sec 12. Every member of the council, before entering upon the duties of his office, shall, in addition to the oath of office hereinafter required, make affidavit that it is his bona fide intention to reside within the ward for which he was elected during the term for which he was elected.

Sec. 13. Whenever there shall be a tie in the election of members of the council, the judges of election shall certify the same to the mayor, or person exercising the duties of mayor, who shall immediately thereupon issue his proclamation, stating such facts, and ordering a new election, giving twenty days' previous notice thereof, and if such ties shall occur upon any election for mayor, such judges of election shall certify the same to the city council, and such council, after qualification, shall elect between such candidates having an equal number of votes; and in the further event that neither of such candidates for mayor shall receive a majority of the votes of said council, a new election for mayor shall be ordered by said council immediately, giving twenty days' previous notice of the time and place of such election. -

Sec. 14. There shall be stated meetings of the council once in every calendar month, at such time and place as the council, by ordinance, shall designate, and other and further proceedings of said council may be convened by the mayor or person discharging the duties of mayor, at any time in his discretion, provided always that said mayor and council may adjourn any meeting from day to day, or to any time within said calendar month.

Sec. 15. Upon the passage of all and every bill appropriating money, imposing taxes, or increasing, lessening or abolishing licenses, or borrowing money, the yeas and nays shall be entered upon the journal upon the motion of the mayor or any member of the council.

Sec. 16. A majority of all the members of the council shall be necessary to pass any tax bill, or bills appropriating any sum amounting to one hundred dollars, or any other bill or bills, involving a like amount in anywise increasing, affecting or diminishing the city revenue.

Section. 1. The council shall have power within the city ordinance: 1st, To levy and collect taxes not exceeding three-fifths of one per centum per annum upon the assessed value of all property made taxable by law, for state purposes, and also to provide for the collection of the same by the sale of real and personal estate within the city, in such manner as this act or the council by ordinance shall provide. 2d, To borrow money on the credit of the city, upon a vote of two-thirds of the members of the council. 3d, To appropriate money and provide for the payment of the debts, appropriations, contracts, liabilities and expenses of the city. 4th, To make regulations to guard against and prevent the introduction of contagious and infectious diseases into the city, and to make quarantine laws for that purpose, and enforce the same within two miles of the city. 5th, To establish hospitals, employ physicians' atter dance, and procure drugs and medicines, and to make regulations for the government and care thereof. 6th, To make regulations to secure the general health of the inhabitants, and to abate, prevent, and remove nuisances. 7th, To provide the city with water, by digging wells, making cisterns, and improving springs and creeks, and. erecting and providing pumps on the streets, avenues, and sidewalks within the boundaries of the city, for the convenience of the inhabitants thereof. 8th, To create, open alter, abolish, widen, extend, establish, grade, pave, or otherwise improve,, and to clean, macadamize and keep in repair streets, avenues, lanes and alleys within the city, with the express restriction that the council shall not establish, or open, any street, lane, avenue or alley through any property which has not been laid out into town lots, and a plat thereof filed according to law, unless by the written consent of the proprietors of such property; provided always, that the council may, by ordinance, require the owner of such property, when laid out into lots, or outlots, to have the streets, lanes, alleys, or avenues to correspond as near as may be with the streets, lanes, alleys or avenues in use in the city; and no lane, or avenue, or alley shall be altered unless such city council shall pay the owner of such real estate such damages as may be found due to such proprietor, to be ascertained by a jury of twelve men, or by any other provisions as the council may, by ordinance, prescribe, or by any other legal proceedings. 9th, To establish, erect and keep in repair, bridges, culverts and sewers, and regulate the use of the same. 10th, To establish, support and regulate the night watch and patrol, lith, To erect markethouses, establish markets and places, and provide for the government and regulation thereof. 12th, To.provide for the erection of all needful buildings, for the use of the city. 13th, To provide for enclosing and improving any real estate belonging to the city. 14th, To license, tax and regulate auctioneers, grocers, merchants, retailers, dram shop keepers, ordinaries, taverns and inns. 15th, To license, tax, regulate and restrain and suppress hawkers, peddlers, shows, theatrical and other performances and exhibitions. 16th, To license, tax and suppress, prohibit and restrain gaming and gambling houses, bawdy houses, and other disorderly houses. 17th, To provide for the extinguishment of fires, and prevention thereof; to organize and establish fire companies, and to provide necessary and suitable engines, hose, buckets, ladders, fireworks and apparatus ; also to regulate and prevent the carrying on of any business, pursuit or manufactory of a character to cause or produce fires, or prejudical, or injurious to the health of inhabitants, and to compel the owners of the houses and other buildings to have scuttles upon the roofs of any such houses or buildings, and stairs and ladders leading to the same. 18th, To regulate and order the cleaning of chimneys, and to fix the flues thereof, to regulate the storage of gunpowder, tar, pitch, resin, hemp, cotton, and all other combustible materials, and to regulate the use of lights and lighted lamps or candles in all stables, shops and other places: to remove or prevent the construction of any fire-place, hearth, chimney, stove, oven, boiler, kettle, or apparatus used in any house, building, manufactory, or business which may be dangerous in causing or promoting fire, to prohibit under suitable penalties the firing of fire-crackers, and the discharging of fire arms, to direct the safe construction of deposits for ashes and to enter into at reasonable hours, or to appoint one or more officers at reasonable times to enter into and examine all out-houses, lots, yards, enclosures, and out-buildings of every description, in order to discover whether any of them are in a dangerous state, and to»cause such as may be found by the verdict of a jury to be dangerous, to be put in safe and secure condition. 19th, To provide for the inspection and weighing of hay, the storing and measuring of charcoal, stone coal, fire wood, and other fuel to be used in the city. 20th, To regulate the inspection of but- ter, lard and other provisions, vending of meat, poultry, butter, eggs, and fruit, and to suppress the huckstering within market hours. 21st, To provide for taking an enumeration of the inhabitants of the city. 22d, To provide for the election of all elective city officers, and provide for the removing from office any person holding an office created by this act or by ordinance not otherwise provided for, to fix the compensation of the city officers and regulate the fees of all jurors, witnesses and others for services rendered under this act or any ordinance. 23d, To regulate the police of the city, to impose fines, forfeitures, and penalties for the breach of any city ordinance, and provide for the recovery, and appropriating such fines and forfeitures, and the enforcement of such penalties. 24th, To erect a workhouse and house of correction, and provide for the regulation and government thereof. 25th, To levy and collect a poll tax, not exceeding one dollar, upon every free white male person over twenty-one years of age, who shall have resided three months within the city. 26th, To remove all obstacles from the side-walks, and for the cleaning of the same, and of the gutters at the expense of the owners of the ground fronting thereon. 27th, To prevent and restrain any riot, noise, disturbance or disorderly assemblage in any street, house, or place in the city. 28th, To prevent and remove all obstructions in and upon all streets, lanes, avenues and alleys, established by law or ordinance. 29th, To have and exercise complete control over any commons belonging to the city, and all property belonging to the city, real and personal, whether lying in or beyond the limits of the corporation created by this act, and the same to lease, sell, transfer and dispose of either absolutelv or with limitation, to any person or persons whatsoever. 30th, To make such general rules, regulations, by-laws and ordinances, for the purpose of maintaining the peace, good morals, and good government and order of the city of Richmond, and the trade, commerce, business and manufacturers thereof, as the city council may deem expedient, not repugnant to the constitution or general laws of the state, and also to enforce the observance thereof, by inflicting penalties upon any inhabitants thereof, or other person or persons for violation of any ordinance, not exceeding ninety dollars for any one offense, to be recoverable with costs in any action of debt, by and in the name of the "ma}ror, councilmen and citizens of the city of Richmond," for the use of the city, before the recorder of any court having jurisdiction or cognizance of the same. 31st, To make all ordinances subject to restriction in the last preceding subdivision of this section, specified, which shall be necessary and proper for carrying into effect the powers specified in this section, and all other powers vested by this act in the corporation, the city government, or any department or officer thereof. 32d, That all taxation laws passed by this city council, other than those applying to hucksters, menageries, circuses, concerts, shows, theatrical exhibitions and similar amusements, shall be based upon the ad valorem principle. 33d, No money shall be drawn from the treasury, except in pursuance of an ordinance or resolution of the city council regularly passed, at a regular or special meeting of the council. 34th, Every ordinance or resolution passed by the city council, shall be signed by the mayor or president pro tern, of the city council, and attested by the clerk of the city council before it takes effect. 35th,. The style of the ordinances of this city shall be, " Be it ordained by the city council of the City of Richmond." 36th, All ordinances passed by the city council shall, within thirty days after they become laws, be published in pamphlet form or in some newspaper printed in the city of Richmond, in the discretion of the city council, or by copies thereof set up in three public places in different parts of the city; but the failure to publish any ordinance within the time specified in this section, shall not render void or effect the validity of any such ordinance, unless such delay may cause such ordinance to act retrospectively over the rights of individuals. 37th, All ordinances of the city may be proven by the seal of the corporation, and until a seal is provided, by the private seal of the clerk of the city council, and when such ordinances have been printed and published by the authority of the corporation, the same shall be received in evidence in all courts and places without further proof.

Sec. 2. No person shall, within the limits of this citv, directly or indirectly, sell intoxicating liquors, of any kind, without first taking out a special license therefor, obtained as may be prescribed by the city council by ordinance. Upon every license there shall be levied a tax not less than five nor more than one hundred dollars for city purposes, at the discretion of the city council for everv period of six months.

Sec 3. No person having a license, as in the last preceding section provided, shall directly or indirectly, sell, barter, exchange or give away any intoxicating liquor, or strong drink of any kind, to any slave without permission in writing from the master, owner or overseer of such slave.

Sec 4. No person having a license from the city council, as above provided, shall, directly or indirectly, sell, barter, exchange, or give away any intoxicating liquor, or strong drink of any kind, to any apprentice or minor, without first having permission in writing from the parent, guardian, or person with whom the minor may at the time be living or boarding, and in case of apprentices from the person to whom the individual is bound, or his parent.

Sec 5. Any person convicted of a violation of either of the preceding sections of this act, shall be fined in a sum not less than twenty, nor more than one hundred dollars for each offense, to be recovered as may be prescribed by ordinance.

Section 1. The chief executive of this city shall be the mayor, who shall be elected by the qualified voters of the city, and shall hold his office for the term of one year, and until his successor is duly elected and qualified, provided that an election to fill a vacancy shall be only for the remainder of the term for which his predecessor was elected.

Sec 3. If two or more persons shall have an equal number of votes for mayor, or if the election be contested, the city council shall decide the election by vote.

Sec 4. 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.

Sec. 6. The mayor shall act as president of the city council, and shall (have) power to nominate, and by and with the consent of the city council, to appoint all city officers not ordered by this act to be otherwise appointed. He shall take care that the ordinances of the city are duly performed, enforced, respected and observed in the city. He may remit fines, punishments, forfeitures and penalties accruing from or imposed for the violation of any law or ordinance of the city. He may fill all vacajicies which may occur in any elective office other than that of a member of the council, until the same be filled by election; and in any other office until the end of the next session of the council, which may happen after the vacancy shall have occurred. He shall, from time to time, give to the city council information relative to the state of the city, and shall recommend to their consideration such measures as he may deem expedient for the advantage of the city. The mayor, while presiding in the city council, shall have no vote on any measure or question, except there be a tie, in which case he shall* give the casting vote.

Sec. 8. Whenever a special session of the council shall have been called by the mayor, he shall state to them when assembled, the cause for which they have convened.

Sec. 9. There shall be a recorder within and for said city, who shall be ex-officio clerk of the city council, and perform such other duties as the city council may direct; a city treasurer, a city constable, a city assessor, and city attorney, who in addition to the duties prescribed in this act, shall perform such other duties prescribed by ordinance. All of said officers shall be elected by the qualifed voters of the city at the regular annual city election, on the first Monday in April of each year. There shall also be such other officers, servants and agents of the corporation as may be provided by ordinance, to be appointed by the mayor, by and with the consent and advice of the city council, and to perform such other duties as may be prescribed by ordinance, and such officers shall be removable at the pleasure of the city council, by a majority of two-thirds of the city council.

Sec. 11. It shall be the duty of the clerk of the city council to keep a journal of the proceedings of the council, to record in a separate book all ordinances or resolutions appropriating money,to keep a record of all the official acts of the mayor, and when necessary to attest them; he shall keep and preserve in his office the common seal of the city, and all records, public papers and documents, not properly belonging to any other officer.

Sec. 12. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the mayor or other officers authorized by ordinance to draw them.

Sec. 13. The city constable shall, within the city, possess the same powers, perform the same duties, and receive the same fees and compensation as the constable of Richmond township, for similar services. He shall execute and return all process to him directed, whenever issued by the mayor, recorder, or any member of the city council, or by a justice of the peace, when any justice of the peace is authorized to issue process under this act, or any ordinance of the city; he shall also be collector of the city taxes.

Sec. 14. The mayor and all other officers of the corporation shall reside within the limits of the corporation during their continuance in office, and if the mayor of the corporation shall cease to reside within the limits of the same, his office shall be thereby vacated.

Sec. 15. The recorder shall be a resident of the city, and shall possess the same qualifications as the mayor and city council, and shall hold his office one year, and until his successor is duly commissioned and qualified. Such recorder may be removed from office in the same manner as the mayor. He shall have the same jurisdiction as the justices of the peace within and for the limits of the city. He shall have exclusive jurisdiction over all cases arising under any ordinance of said city, subject, however, in all cases, to an appeal to the circuit court of Ray county, and every such appeal shall be granted as in this act is expressed. He shall have power under the seal of the city, to take and certify the acknowledgement of deeds, conveyances and all other instruments of writing requiring authentication, and such deeds, conveyances or other instruments may be recorded in any county of the state, or may be read in evidence in any court in this state, without further authentication ; he shall be authorized to administer oaths and affirmations, and take and certify depositions; he shall be entitled, in all cases, to the same fees which are now, or may be hereafter allowed by law to justices of the peace for similar services, which shall be taxed and collected as other costs, by fee bill or execution.

Sec. 16. In the event of the absence, sickness, removal, or inability of the recorder to act, any justice of the peace, residing within the limits of the city, shall have power to hear, try and determine all cases properly cognizable before the recorder ; and if no justice of the peace should be residing in said city, then any justice of the peace within and for Richmond township, shall have power to hear, try and determine all cases properly cognizable before the recorder.

Section 1. A general election for all the officers of corporation required to be elected by this act or by any ordinance of the city, shall be holden on the first Monday in April in each year, unless otherwise provided bv ordinance.

Sec. 2. At all elections for city officers, the voters shall vote viva voce, and the manner and place of holding such election shall be regulated by ordinance.

Sec. 3. Three judges of election, and two clerks shall be appointed by the city council, unless otherwise provided by ordinance; they shall take an oath to faithfully and impartially discharge their duties; they shall open the polls at nine o'clock in the morning, and keep open until six o'clock in the afternoon, when they shall proceed forthwith publicly to ascertain the result of the election, and when ascertained to make proclamation thereof. The poll books shall be, after certified as aforesaid, returned by the clerks of the election to the city council, there to remain for inspection and examination.

Sec. 4. All persons qualified as electors under the tenth section of the third article of the constitution of the state of Missouri, who shall have resided three months within the city next preceding the elections shall be deemed qualified voters at all elections for city officers.

Sec. 5. Elections for city officers shall continue for one day only; special elections to fill vacancies shall be held under such regulations as may be provided by city ordinance.

Section 1. It shall not be lawful for the city council to grade, pave or macadamize any streets, lanes or avenues not opened, and established according to law or ordinance; it shall be lawful, nevertheless, for the city council to order the owner or owners of ground fronting on any private alley to keep the same clean, and if necessary thereto, to direct him or them to pave the same.

Sec. 2. When it is necessary to take private property for opening, widening, altering or extending any public street, lane or avenue, the corporation shall make a just compensation therefor to the person whose property is taken, and if the amount of such compensation cannot be agreed upon, the recorder shall cause the same to be ascertained by a jury of twelve disinterested free-holders of the city.

Sec. 3. In opening, altering, widening or extending alleys through blocks or squares of the city, the same proceeding shall be had in case of opening, widening, altering or extending public streets, lanes or avenues, with the addition that the jury will ascertain the amount of benefit that will accrue to the person whose property is taken, and those who may have petitioned for the opening, widening, altering or extending of such alley.

Sec. 4. When the owners of the major part of all the property on the street, lane, avenue or alley proposed to be opened, widened, altered or extended shall petition therefor, the mayor and city council may open, widen, alter or extend such street, lane, avenue or alley, upon conditions prescribed by ordinance, but no compensation shall, in such case, be made to those whose property shall be taken for opening, widening, altering or extending such street, lane, avenue or alley, who have petitioned for the same; nor shall there be any assessment of benefit or damages that may accrue thereby to any of the petitioners.

Sec. 5. All jurors empanelled to inquire into amount of benefit or damages which shall happen to any owner of property proposed to be taken for opening, widening, altering Or extending any street, lane, avenue or alley, shall first be sworn to that effect, and shall return to the mayor their inquest, signed by each juror.

Sec. 6. The mayor shall have power, for good cause shown in ten days after inquest shall have been returned to him, as mentioned in preceding section, to set the same aside and cause a new inquest to be made.

Sec. 7. The mayor and councilmen shall have power by ordinance to enforce the payment of all sums, which a jury shall declare to be the amount of benefits accruing to the owners of property upon which any alley shall be opened, widened, altered or extended, if the owner be one of the petitioners for opening, widening, altering or extending such alley.

and collect a special tax on the holders of any lots or any street, lane, or avenue or alley, or any part of any street, lane, avenue or alley, according to the respective fronts owned by them, for the purpose of paving or grading such street, lane, avenue or alley, provided always said tax shall not exceed three-fifths of one per centum; nor shall the grading or paving be done at the expense of the owners of the lots fronting on the street, lane, avenue or alley, unless a petitfon for such grading and paving, signed by the owners of a major part of the ground fronting thereon, be presented for such purpose.

Sec. 9. The city council shall have power by ordinance to direct the manner in which any property, real or personal, advertised for sale or sold for taxes, general or special, or for the costs of any improvement done, or ordered to to be done by the authority of the corporation, may be redeemed.

Sec. 10. Lands within the limits of the city, which have not been laid off into blocks or lots, shall not be taxed or assessed, otherwise than by the acre as agricultural or waste land, and shall continue to be so taxed and assessed until laid off into blocks or lots by the owners, respectively; and the owners of such lands, in laying the same oft' into blocks or lots, shall so arrange the streets that they shall correspond with the present established streets of the city.

Section 1. The city council shall cause to be published at the end of each fiscal year, a full, complete and detailed statement of all moneys received and expended by the corporation during the preceding fiscal year, and on what account received and expended, classifying each receipt and expenditure under its appropriate head.

Sec. 2. All suits, actions and prosecutions instituted, commenced or brought by the corporation hereby created, shall be instituted, commenced and prosecuted in the name of the " mayor, councilmen and citizens of the city of Richmond."

Sec. 3. All actions, fines, taxes, penalties and forfeitures which have accrued to " the inhabitants of Richmond," or the trustees of said town under their former incorporation, and the by-laws and ordinances for the recovery of which no suits or actions at law shall have been commenced or instituted, shall be, and the same is hereby vested in, and be prosecuted for by the corporation hereby created.

Sec. 4. All property, real, personal, or mixed, money, effects and choses in actions now or heretofore belonging to "the inhabitants of the town of Richmond," or the trustees of said town in their corporate capacity shall be, and the same is hereby declared to be vested in the name of the corporation hereby created, for whomsoever the same may be in the possession, or under the control, any law, usage or arrangement to the contrary notwithstanding.

Sec. 5. This charter and incorporation shall not invalidate any act done by the " inhabitants of the town of Richmond," or the trustees or any officer thereof, nor divest them of any right which may have accrued to them prior to the passage of this act.

Sec. 6. This act is hereby declared to be a public act, and may be read in evidence in all courts of law and equity in this state without further proof.

are hereby exempted from working upon any road without and beyond the boundaries of said city, and from paying any tax, fine or penalty, to be applied to employ laborers, furnish means or tools, or provide materials to work, or to be used upon any road beyond the limits of said city.

Sec. 8. Any and all persons who shall fail, neglect, or refuse to pay any fine, forfeiture, penalty or costs imposed upon him or them, by any ordinance of said city, for any misdemeanor, after conviction thereof by the verdict of a jury, shall and may be committed to the common jail of Ray county, by the recorder of said city or other officer having jurisdiction, until such fine and costs are paid, provided that such imprisonment shall not exceed the term of ninety days, to be regulated by ordinance, and to be found by such jury, and any such commitment shall be recalled by any such committing officer whenever the person to be fined, convicted or imprisoned shall take an appeal to the Ray circuit court, according to the rules and regulations and provisions governing the taking of appeals from the justices of the peace to the circuit court, provided, nevertheless, that the corporation hereby created shall be liable for costs, fees and other expenses incurred under this section, whenever the person so convicted, sentenced and imprisoned is unable to pay the same.

Sec. 9. The fiscal year of said city shall terminate on the day preceding the second Monday of March, of each year, and such period, or termination of said fiscal year may be altered or changed by the city council by ordinance.

Sec. 10. There shall be a digest or revision of the ordinances of the city which are of a public or general nature, published in a newspaper, printed in said city, or in pamphlet form, or in both, in the discretion of the city council, within twelve months after the passage of this act, and a like digest within every period of three years thereafter.

Sec. 11. The council may provide by ordinance for the collecting,. from every delinquent officer of the city, any revenue, money, or property improperly detained, or not accounted for by such officer, and may provide the penalty or punishment for such delinquency or failure to account for such monev or property.

Sec. 12. The city council, or any officer or department thereof, shall not have the power to issue any bills, scrip, or paper, of any description soever, to circulate as currency, or representative thereof; but any warrant, draft, note, obligation, or bond of the city may be transferred and made transferable by endorsement thereon from each holder, under such restrictions and regulations as the city council may prescribe, not contrary to the true meaning and intent of this section.

Sec. 13. Whenever any real estate shall have been advertised for sale, or shall have been sold for the payment of any fine, judgment, penalty, forfeiture or taxes, or in consequence of a failure upon the part of the owner thereof to grade, pave or curb the front of any sidewalk fronting upon any public street or avenue by the authority of the corporation, such owner or owners, whether resident or non-resident of said city, may within two years after such sale redeem the same by paying to the purchaser or purchasers thereof the full amount of said purchase money, and all taxes subsequently paid thereon, together with all costs and full value of any useful or necessary improvements or needful repairs made thereon by such purchasers, to be assessed by a jury of twelve householders before the recorder of said city, together with one hundred per centum upon the original amount of purchase money paid therefor by such purchaser, provided, however, that married women, persons of unsound mind, and minors shall have the period of five years after such disabilities are removed to appear and redeem the land sold as above provided.

Sec. 14 Any purchaser of any real estate, sold for the non-payment of any fine, judgment, penalty, forfeiture, or taxes, or in consequence of a failure on the part of the owner thereof to grade, curb, or pave any front or sidewalk fronting upon any public street or avenue, upon the payment to the treasurer of the corporation hereby created, of the purchase money thereof, shall receive of and from such treasurer a certificate of the payment of said amount of purchase money, describing such real estate by lot and number, upon the recorded plat of said town of Richmond, or by the metes and bounds thereof, and briefly describing the judgment, penalty, forfeiture, tax, or improvement, for the non-payment of which the same was sold, together with the date of sale, which certificate shall be countersigned by the mayor of said city, under the seal of the corporation.

Sec 15. Any holder of such certificate, after the lapse of two years from the date thereof, (if a resident or non-resident owner of such real estate shall have failed, neglected, or refused to redeem the same in the manner provided by this act), upon the production of such certificate at any regular session of the city council, and upon said council, or a majority of them being satisfied by the affidavit of such purchaser, or otherwise, that said owner has failed to redeem the estate herein described within two years after the sale of such real estate, and the date of such certificate, such purchaser shall receive a deed of conveyance from the said corporation, conveying to such purchaser the real estate described in such certificate.

Sec 16. The deed of conveyance referred to in the foregoing section of this article shall be made and executed by the mayor of the city of Richmond in the name of said city, and shall recite the judgment, penalties, forfeitures, taxes or neglected improvement, together with a law or ordinance under which the (same) was sold, the advertisement of sale, time, place and term of sale, the fact of the sale, the consideration, the certificate granted by the treasurer, and the failure to redeem, and shall convey the premises as described in such certificate by the operative words " assign, transfer, convey and confirm " to such purchaser and his heirs and assigns forever, reserving the right of married women, persons of unsound mind and minors, as hereinbefore provided.. Such conveyance shall be signed by said mayor, and attested under the seal of the said corporation, and shall be acknowledged before any officer (other than the recorder of the citv) authorized to take acknowledgments of instruments of writing, conveying real estate under the laws of the state of Missouri.

Sec 17. Such deed of conveyance so executed and acknowledged shall vest in such purchaser all the right, title and interest, estate and property of the previous owner of such real estate, and shall be admitted as evidence in any court within this state in any suit or action at law, or in equity as prima facie evidence of title without further proof.

act, or his widow, heirs or executors, or administrators, may any time within two years after such sale, redeem the same by paying to the purchaser thereof, or to the treasurer of the corporation hereby created, the amount paid by said purchaser, and all taxes subsequently thereon, together with the value of any and all useful or necessary improvements and needful repairs made thereon by such purchaser, together with one hundred per centum upon the original amount of purchase money paid therefor, and upon such payment shall receive from the said council, attested by the mayor, under the seal of the corporation, a quietus to the title thereto conforming as nearly as may be the quietus granted by the state of Missouri under analogous circumstances, and such quietus shall fully vest all the title to such real estate in the original owner.

Sec. 19. All surplus money received by the corporation hereby created, arising from the sale of any real estate over and above the amount due for taxes, fines, forfeitures, penalties, judgments and costs, at the time of such sale, shall be paid over to the owner of such real estate ; or his legal representatives, in the event of his decease, may appy to the city council for sut;h surplus, who shall issue a warrant on the city treasurer in favor of the owner of such real estate at the time of such sale, or his representatives, for such amount so paid into the city treasurer for his use.

Sec 20. All prosecutions for misdemeanors shall be instituted before the recorder or other officer having jurisdiction thereof, as in this act is herein expressed and directed.

Sec. 21. The true intent and meaning of this act is, an appeal shall be allowed to the Ray circuit court from the final judgment of the recorder or other officer having jurisdiction of the subject matter, (other than for contempt of court) or from the finding of any jury in like manner and with like effect, as appeals are allowed from justices of the peace to said court, any law or usage, or any provision or construction of this act to the contrary notwithstanding.

Sec 22. Whenever an appeal shall be allowed to the Ray circuit court from the verdict and finding of any jury, or from the judgment of the recorder or other officer having jurisdiction under this act, such appeal, if involving a charge of misdemeanor, shall be tried by said circuit court before a jury of six men, and such misdemeanor shall be punished in the manner and according to the provisions of this act, and the ordinance of the city council governing such original trial, not inconsistent with, or repugnant to the same, any law or usage to the contrary notwithstanding, and if such appeal be taken from the judgment of the recorder or other officer, or finding of any jury, in any act to recov r any tax, fine or penalty, or forfeiture, other than a misdemeanor for the breach of any law or ordinance or by-law of said city, such action shall be tried before such circuit court as appeals from justices of the peace, and shall be governed and determined in all respects and particulars as nearly as may be according to such existing law, ordinance or by-law of the said city of Richmond, and provisions thereof, before such recorder or other officer having jurisdiction upon such original trial, any law or usage to the contrary notwithstanding.

Sec 23. The practice and proceedings before the recorder under this act, for the recovery of any fines, tax, penalty or forfeiture, for the breach of any city ordinance or by-laws, (unless when herein otherwise expressly provided,) shall conform in all respects and particulars as nearly as may be to the laws of the state of Missouri regulating justices' courts.

Sec. 24. In all cases, where a judgment shall be rendered by the recorder or other officer having jurisdiction, against any defendant for any fine, penalty, or forfeiture, or for the breach of any law or ordinance, or upon the verdict and finding of any jury, and such judgment, verdict, and finding of any jury or part thereof involves the imprisonment of the defendant, it shall be the duty of said recorder or other officer having jurisdiction, to forthwith order such defendant into the custody of the city constable, and to issue a mittimus or commitment committing such defendant to the common jail of said county, and such defendant shall, from the making of such order or the issual of such commitment, remain in safe custody, unless discharged by the taking and effecting an appeal as hereinbefore provided, or until discharged by due course of law.

Sec. 25. Upon the filing of any charge or misdemeanor by the city attorney against any person or persons as provided in this act, it shall be the duty of the recorder or other officer, having jurisdiction, to issue his warrant, reciting such charge directed to the city constable, and commanding him forthwith to apprehend such person or persons, and bring him or them before such officer having jurisdiction, to be further dealt with according to law, and such city constable shall execute such warrant in any part of Ray county.

Sec. 26. In all cases of misdemeanor committed, or charged to be committed, within the city limits, the accused shall be entitled to a summary trial by jury before the recorder or other officer having jurisdiction.

Sec. 27. The constable or any other officer shall have power to arrest any offenders against the laws or ordinances of the city of Richmond, and bring him or them before the proper officers without a warrant.

Sec. 28. All persons charged with misdemeanors shall be entitled to six peremptory challenges, and the city attorney or other officers shall be entitled to three, and the jury shall consist of six persons qualified under the laws of the state of Missouri to serve as jurors.

Sec. 29. Richmond College and the lands thereto belonging, the fair grounds and the land thereto belonging, all schools and academies and institutions of learning, male and female, churches and all other public property shall be exempt from the provisions of this act, in relation to taxes, streets, lanes and alleys, and avenues, so long as they remain and are used for such purposes.

Sec. 30. Nothing in this act shall be so construed as to interfere with the jurisdiction heretofore exercised by the grand jury and the circuit court within and for Ray county, over crimes and misdemeanors within the limits of the city, and the punishment thereof by indictment and trial thereon in said circuit court.

Sec. 31. The said city council shall not have power to borrow money on the credit of the city at any time at higher rate of interest than the then legal and lawful rate of interest per annum.

Sec. 32. That Humphrey J. Comer, Joseph S. Hughes, Jacob Darneal, Wilson R. Holman and Patrick Smith, be, and the same are hereby appointed and authorized, immediately after receiving this charter from the legislature, to lay off the city into seven wards, according to the pro- visions of this act, and immediately thereafter to order an election, giving ten days notice previous thereto, for all the officers provided herein to be elected, who shall serve in their office respectively until the annual election on the first Monday in April, A. D. 1858, and until their successors are duly elected and qualified.

Sec. 35. The secretary of the state of Missouri, shall, as soon as this act is approved by the governor, transmit to Humphrey J. Comer, a copy thereof, certified under the seal of Missouri.

I, B. F. Massey, secretary of state, hereby certify the foregoing copy of an act entitled: "An act to incorporate the city of Richmond," is a true -copy of the original roll now on file in this office.

Revised Ordinances Of The City Of Richmond, Missouri Levying Of Taxes

Section 1. That for the support of the city government, there shall be levied annually, a tax for general purposes, on all property, personal, real and mixed, within the limits of said city, subject to taxation for state and county purposes, not exceeding fifty cents on the one hundred dollars assessed value thereof.

Sec. "1. The recorder shall on or before the first day of August of each year, cause to be made out and delivered to the assessor, a well bound book, suitably ruled, to contain a list of all taxable real estate in the limits of the city, in which the assessor shall correctly describe every lot or parcel of ground subject to taxation, placing opposite to such description the name of the owner if known, and if unknown, he shall so state in an appropriate column.

Sec. 3. The city recorder shall also cause to be prepared in the assessor's book suitable columns for the assessment of personal property subject to taxation. The names of owners shall be entered in alphabetical order. Such personal assessment roll may be in the form of assessment roll for state and county taxes.

Sec. 4. And to said assessment list the following oath shall be made, or the same oath as is made to assessment list for state and county taxes: true and correct statement of all the property made taxable by the laws of the state of Missouri, including therein the number of horses, number of neat cattle, number of sheep, number of hogs, number of asses and jennets, number of mules, all other live stock, all farm machinery and implements, household property, musical instruments, clocks, watches, chains and appendages, sewing machines, gold and silver plate, jewelry, household and kitchen furniture, money on hand, money deposited, notes unsecured by mortgage or deed of trust, notes secured by mortgage or deed of trust, all bonds, whether state, county, town, city, township, or of incorporated or unincorporated companies, and all other property and its value, which I owned on the 1st day of August, 18 - , or which I had under my charge or management, or any money or property due me on said day from solvent persons or companies on notes, accounts, or otherwise, as fully and as specifically as I am required to make a return thereof, under the revenue law of this state; and I do further solemnly swear (or affirm) that I have not sent or taken, or caused to be sent or taken, any property, money or bills, bonds or notes, or other securities or evidences of debt, out of this

Sec. 5. If any person shall fail, neglect or refuse to return said list with the blanks therein properly filled, and the certificate thereto properly sworn to, within ten days, to the assessor, the assessor shall assess the whole property belonging to, or in the charge of such person, at such amount as he may deem just and proper.

Sec. 6. If anv person required to list his property shall do so falsely, the assessor shall list the same anew, and assess it at double its cash value. It shall also be the duty of the assessor to list and assess all personal property he may find in said city, when the owner thereof is unknown.

Sec. 7. If at any time it shall be ascertained by the assessor, that any property, either real, personal or mixed, has escaped assessment or taxation for one or two years past, he shall assess the same for such years, noting the amount due for each year.

Sec. 8. No tax shall be assessed or imposed upon the following property: Churches, chapels and other buildings used for religious worship, and land upon which they are situated, and used in connection therewith, real estate and personal property belonging to any incorporated agricultural society so long as the same shall be used for the purpose of such society and none other; cemeteries and grave-yards set apart and used for that purpose, all orphan asylums for the relief of sick and needy, with their furniture and equipments, and so much of the land upon which they are situated as may be exclusively used for that purpose; all libraries and their furniture and equipment belonging to any library association or society.

Sec. 9. The asssessor shall return this assessment list to the city council on or before the first regular meeting of such council in the month of November of each year, verified by his affidavit thereto, that he has made diligent effort to discover all the taxable property within the city limits on the 1st day of August, and that so far as he has been able to ascertain, it is correctly set forth in the foregoing lists, in the manner and of the value therein stated, according to law.

Sec. 10. As soon as may be after the return of the assessment rolls, the city council shall appoint a day for hearing objections thereto, and shall cause to be published in some newspaper, printed in said city, the following notice:

Public notice is hereby given, that the assessment roll of taxable real and personal estate in the city of Richmond, for the year IS - , has been completed and returned to the city council by the assessor. All persons feeling themselves aggrieved by the assessment of their property, are hereby notified to rile their objections in the office of the city recorder, on or

Sec. 11. All complaints concerning assessments shall be inquired into and determined in a summary Imanner, correcting any errors that may appear, and increasing or diminishing assessments, as the council, sitting as a court of appeals and board of equalization, may deem just and equitable.

Sec. 12. When said roll has been revised and corrected as provided for in the last preceding section, an order shall be entered of record by the council, declaring the same affirmed, and ordering the recorder to file the same in his office.

Sec. 13. The city council, immediately after such confirmation, shall proceed to lew such tax as may be deemed necessary for all purposes mentioned in the charter aud ordinances of the city, provided that the sum so levied shall in no case exceed the per centum specified in the constitution of the state of Missouri.

Sec. 14. The city recorder shall, within twenty days after the confirmation of said assessment roll, make or cause to be made, and deliver to the city collector a full and complete copy of such assessment roll, the different taxes extended thereon, with a warrant thereto attached, which may be in the following form:

Warrant

18,. . , of the real and personal estate herein before described, the several sums set opposite thereto in the appropriate columns respectively, [here

Now, therefore, you are commanded to make, levy, and collect the said several sums of money set opposite the real and personal estate hereinbefore described, as taxes thereon for the year aforesaid, of the goods and chattels of the respective owners of said real and personal estate, and hereof make due return in what manner you shall execute this warrant on or before the .... day of .... next after this date.

Sec 15. The recorder, at the time of delivering said assessment book, shall take the receipt of the collector thereof, and charge him with the amount thereof.

An Ordinance In Relation To City Attorney

Section 1. On Tuesda v, after the first Monday in April, in each year, there shall be elected a city attorney, who shall hold his office for the period of one year, and until his successor shall be elected and qualified, and shall take and subscribe an oath, before entering upon the discharge of the duties of his office, to support the constitution of the United States and the state of Missouri, to faithfully demean himself in his office.

Sec, 2. It shall be the duty of the city attorney to act as the legal counselor for the city, in all cases, and prosecute before the recorder, or a justice of the peace, all the actions on behalf of the city, and to defend all actions brought against the city.

Sec. 4. He shall be entitled to a fee of two dollars and fifty cents for each case of conviction before the recorder or other officer having jurisdiction for any violation of the city ordinance.

Sec. 6. In case of the death, or resignation, or removal from office, the mayor shall have power to appoint a city attorney for the residue of the term.

His Salaries

Section 1. t)n Tuesday, after the first Monday in April, in each year, there shall be elected a city constable, who shall hold his office for one 3^ear, and until his successor is duly elected and qualified.

Sec. 2. He shall give bond to the mayor, councilmen, and citizens of Richmond, in such sum as the city council may require, with good security, conditioned for the faithful performance of his official duties, and shall execute all process to him directed, and perform such other duties as may be required of him by the council, and the ordinances of the city of Richmond.

Sec. 3. That in addition to the duties of the city marshal prescribed in the city charter, the following duties are also imposed: It shall be the duty of the city marshal to cause to be removed from the streets, alleys, avenues, market place and public square of the city, and from any other part of the city, all offensive substance and nuisances, which in his opinion may have a tendency to endanger the health of the inhabitants of said city. 2d, The city marshal shall take all necessary measures to ascertain all nuisances which may exist, and shall attend particularly to the cleanliness of the city. 3d, If a nuisance of any description whatever be found upon the lot, or ground, possession, or in the building of any person or persons, the city marshal shall give notice to the occupant, or owner of the premises, to cause such nuisances to be corrected or removed within the time specified in said notice, which shall not be more than twenty-four hours; and should such occupant or owner of the property fail or refuse to correct or remove such nuisance in the time prescribed, the city marshal shall have the same corrected or removed at the expense of the city. 4th, For every failure, refusal or neglect by any occupant or owner of any premises, to remedy or remove an}' nuisance existing thereon, when notified thereof as above directed, by the city marshal, such occupant or owner shall forfeit and pay to the city the sum of not less than one nor more than one hundred dollars, as well as all expenses incurred in removing such nuisance, to be recovered by said city as other fines, penalties or forfeitures. 5th, The city marshal shall at the end of each month render to the city council of said city an account of all expenses for cleaning the city, and all such expenditures as he may have made on behalf of said city. 6th, The city marshal shall patrol the city, and endeavor as far as in his power to prevent all violations of the ordinances of the city, or of the law of the land. He shall give information to the recorder of all vagrants and disorderly or suspicious persons, lurking about the city without any visible means of support. 7th, That for each failure or refusal to discharge the several duties enjoined upon him by the charter and ordinances, said marshal shall, upon conviction, forfeit and pay said city not less than one nor more than twenty dollars, to be used for and recovered as other forfeitures.

Sec. 4. It shall be the duty of the city marshal to collect and pay over all fines and forfeitures, jailor's fees adjudged to be paid by the recorder of the city of Richmond, immediately after the same shall be collected, to the city treasurer, and also to collect and pay said recorder, city attorney, witnesses and jurymen, their fees whenever called on after the same have been collected. Any failure to comply with this provision shall be, and the same is hereby declared to be a misdemeanor ; and for each offense he shall be fined not less than five nor more than one hundred dollars, to be recovered as other fines and forfeitures.

Sec. 5. The city marshal shall hereafter be subject to removal from office for incompetency or neglect of his official duty, by a majority vote of the city council of said city, and in case of such removal, the vacancy shall be filled as is now provided by the laws and ordinances of said city.

Sec 6. The salary of the city marshal shall be in addition to the commissions and costs now allowed him by the laws and ordinances of said city, four hundred dollars per annum, payable quarterly, in full payment for his services for himself and deputies.

Section 1. For the support of the city government, and improvement of the city, the city council shall have the power to levy and collect taxes not exceeding one-half of one per centum upon the assessed value of all property in the city, made taxable by law for state and county purposes, the amount to be determined by the city council in every instance.

Sec. 2. It shall be the duty of the city marshal, as an officio collector of the revenue, to collect all the taxes placed in his hands for collection, to collect all licenses from merchants, dramshop-keepers, and all other persons requiring a license, and to pay to the treasurer all money collected by him on the account of the city, on the first Wednesday in each month, taking duplicate receipts therefor, one of which shall be filed by the collector with the city recorder, the other to be retained by himself.

Sec. 3. If any person shall fail to pay any taxes levied upon his or her property, the city collector may enforce payment, and for that purpose such collector shall have power to seize and sell the goods and chattels of the person so failing to pay such tax in the manner that goods and chattels are, or may be seized and sold under execution issued on judgments at law, and no property shall be exempt from seizure or sale for taxes; provided, that no seizure or sale for taxes shall be made until the collector has demanded payment of them either by personal application to the party liable to pay the same, or by leaving a written notice at his place of abode with some member of his family over the age of fifteen years, nor for ten days after such demand; nor shall the collector receive a credit for delinquent taxes until he shall have made affidavit that he has been unable to find any personal property out of which to make the taxes in each case to returned delinquent; provided further, that whenever taxes shall be collected by seizure or sale of goods and chattels, the collector shall have power to levy and collect, additional to the tax and interest thereon, the necessary cost of the proceeding; and -provided further, that if any person charged with taxes is about to remove from the city without paying the same, the collector may seize and sell goods and personal property of such person without having made the ten days demand; and provided further, that if taxes are due by a non-resident, demand for taxes due by such may be made of the agent or attorney of such non-resident.

Sec. 4. On the first Wednesday of April in each year, if the collector shall be unable to collect any taxes specified on the tax book, having diligently endeavored and used all lawful means to collect the same, he shall make two lists thereof, one to be called the personal delinquent list, on which shall be stated the names of all persons owing taxes on personal property whose taxes cannot be collected, alphabetically arranged with the amount due from each; and the other to be called the land delinquent list, on which shall be stated the names of all persons owing taxes on lands and town lots, where taxes cannot be collected, with the full description of said lands and lots, and the amount of taxes due thereon set opposite each tract of land and town lot, which amount of delinquent taxes is to be placed to the credit of the collector.

Sec. 5. The collector of the revenue shall, on or before the first day of May, annually, return to the county collector, a list of lands and lots on which the taxes or special assessments levied by the city, remain due and unpaid, as provided in sections 178, 179, 180, 181, 182, of the revenue law in the state of Missouri, of act approved March 30, 1872, and section 14 of the revenue law for the state of Missouri, of act approved April 28, 1877.

Sec. 6. The personal delinquent list allowed to the collector, shall be delivered back to the collector or his successor in office, who shall collect the same and account therefor as other moneys collected, the amount of which shall be charged against the city collector by the city recorder.

An Ordinance In Relation To Merchants' Tax

Section 1. It shall be the duty of all merchants dealing as such, to furnish the city assessor, on the first day of August in each year, a full and complete statement of goods, wares and merchandise then on hand and kept by them for sale.

Sec. 2. Upon all such goods, wares and merchandise, there shall be levied an ad valorem tax equal to the tax levied upon personal and real property.

An Ordinance In Relation To Nuisances

Section 1. No person shall throw into any highway, thoroughfare or other public place, within the city, any animal or vegetable substance whatsoever, likely to create a nuisance.

Sec. 2. The owner or possessor of any dumb animal, which may die within the city, shall, within twenty-four hours thereafter, cause the same to be removed beyond the limits of the city.

Sec. 3. The owner or occupant of any livery or other stable, within the city, shall keep his stable clean, and shall not permit more than two cart loads of manure to accumulate and remain in or near the same, at any time between the first day of May and the first day of November.

Sec. 5. Whoever shall violate any of the provisions of this ordinance shall be subject to a fine not less than one nor more than ninety dollars for each and every violation, and five dollars in addition for each and every day such violation shall be suffered or continued.

Section 1. That every hog pen, slaughter house, privy, mud hole, stable or other places in the limits of the said city of Richmond, in a stinking or unhealthful condition, or in a condition calculated to endanger the health, or interfere with the comfort of the citizens of said city, is hereby declared to be a public nuisance, and any owner or possessor thereof, or any person who shall be the cause of either of the aforesaid nuisances, shall forfeit and pay to the city of Richmond, a sum not less than one or more than ninety dollars, and also five dollars for each day such nuisance is allowed to remain after notice to the party causing or permitting the same, as hereinafter provided.

Sec. 2. All notices required to be given under this ordinance shall be given by the city marshal, and shall require the party violating the same to correct, remove, or abate all such nuisances in twenty-four hours.

Sec. 3. If any nuisance is not corrected, abated, or removed in twentyfour hours after such notice, the city marshal shall correct, remove, or abate the same at the cost of the city, and the persons creating or permitting such nuisance shall, in addition to other fines and forfeitures, forfeit and pay all costs incurred by the city, to be recovered bv the city as other fines and forfeitures.

Section. 1. When any building or property is declared a nuisance by the city council of the city of Richmond, and a notice of the fact thereof is given to the owner, occupant, or agent thereof, it shall be the duty of such owner, occupant, or agent to remove the same within five days from the time said notice is given.

Sec. 2. And if any owner, occupant, or agent of such property shall fail to comply with the provisions of the preceding section of this ordinance, it shall be the duty of the street commissioner to remove said property at the cost of such owner, occupant, or agent, and he shall make out and certify to the bills against said owners, occupants, or agents, chargeable with the costs of such work, and deliver the same to the city collector, and take his receipt therefor.

Sec. 3. And the city collector shall present said bills for payment to the persons charged, or their agent, within five days after receiving the same; and if the said bills be not paid within ten days after demand is made by the collector, as provided in the next preceding section, the collector shall deliver the same to the city attorney, who shall commence suit thereon before the city recorder, or other officer having jurisdiction. .

Section 1. Whenever the city council shall direct, by an order entered on the city journal, sidewalks to be made on any street in the city, it shall be the duty of the street commissioner to give notice to the owners and occupants of property fronting on such street, to set, curb, and pave such sidewalks, and it is hereby made the duty of such owners to construct such sidewalks and pavements at their own expense, within such time as may be directed by the city council.

Sec. 2. If any owner of such property fronting on any street where pavements or sidewalks are required to be made, fail to curb and pave the sidewalk, as directed by the street commissioner, and within the time prescribed by the city council, then it shall be the duty of the street commissioner to perform said work at the cost of said owner or owners, and in all cases where he has performed the work, he shall make out and certify to the bills against each person chargeable with the cost of said work, and deliver the same to the city collector, and take his receipt therefor, and the city collector shall present said bills for payment to the person or persons charged, or to their agent, within five days after receiving the same.

Sec. 3. If the said bills be not paid within ten days after demand is made by the collector, as provided in the next preceding section, the collector shall deliver the same to the city attorney, who shall commence suit thereon, before the city recorder, or other officer having jurisdiction.

Sec. 4. If any person obstruct any sidewalk, he shall be fined in a sum not less than one, nor more than five dollars, to be recovered as other fines are before the city recorder.

An Ordinance In Relation To Wards

Section 1. All that part of the city which lies east of the Knoxville street, and north of the street running east and west immediately north of the public square, shall be designated and known as ward No. 1.

Sec. 2. All that part of the city which lies north of the public^quare, and west of Knoxville street, and east of the street running north and south immediately west of the public square, shall be known and designated as ward No. 2.

Sec. 3. All that part of the city which lies north of Main street and west of the street running north and south immediately west of the court house, shall be known and designated as ward No. 3.

lie square to the college ground, thence west to Camden street, thence with said street south to the boundary line, shall be known and designated as ward No. 4.

Sec 5. All that part of said city which lies south of Main street and east of ward No. 4, and west of the second street, immediately east of the public square, running north and south, shall be known and designated as ward No. 5.

Sec. 6. All that portion of the city lying east of the second street east of the public square, known and designated as Shaw street, and extending upon the north to north Main street, and upon the east and south to the city limits, shall be known and designated as ward No. 6.

Section 1. Every person who shall offer for sale any live stock, produce, forage or other articles usually sold by weight, if required by purchaser, shall cause the same to be weighed on the city scales, or other standard scales, and if such person shall fail or refuse to have such articles so weighed, when required so to do, he shall upon conviction thereof, be adjudged guilty of a misdemeanor, and punished by a fine not exceeding five nor less than one dollar.

Sec 2. The lawful weights and measures in this city shall be the same as those prescribed by the general statutes of the state of Missouri. Approved August 21, 1867.

an ordinance in relation to the extinguishment of fires, and the prevention thereof, and in relation to chimneys, and the repairing of flues.

Section 1. No person owning or occupying any dwelling or business house within the limits of the city of Richmond, shall store or keep any combustible material in such house in such manner as likely to catch on fire.

Sec 2. If any person so having any such combustible material, fail for five days to remove the same after ordered by the city council, the same shall be removed by the city marshal, at the expense of such person so owning or occupying such premises.

Sec 3. It shall be the duty of the city council to order the same to be removed upon the complaint of any one, when they believe it to be necessary.

Sec 4. All persons owning any dwelling house or business house within the limits of said city, the chimneys or stove flues of which need repairing, shall repair the same within five days after being ordered so to do by the city council.

Sec 5. The provisions of this ordinance shall not be so construed as to prevent any person from keeping any hay in their stables or barns within said city.

Railroad, Etc

Be it ordained by the City Council of the City of Richmond, as follows : Section 1. The right of way is hereby granted to the St. Louis and St. Joseph railroad company, southern division, along, across and over any of the streets, lanes, avenues or alleys of the city of Richmond, and any of the commons belonging to said city of Richmond, for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property.

Be it ordained by the City Council of the City of Richmond, as follows : Section 1. Any city officer may be removed from office for any misdemeanor, or failure to faithfully discharge the duties of his office, by a two thirds vote of the city council, at any regular, special or adjourned meeting.

Sec. 2. At least five days notice shall be given the party sought to be removed, and a copy of the charges and specifications furnished him before the day of trial.

Section 1. When necessary the mayor, with the advice and consent of the city council, may constitute and appoint a board of health, to consist of three persons.

Sec. 2. Said board shall exercise a general supervision over the health of the city, with the full power to use all proper and suitable means to prevent the introduction into the city, of any malignant or contagious diseases, or the spreading of the same, or to remove or otherwise dispose of any person attacked by any such disease, and to adopt in reference to such person, any regulations or measures deemed advisable.

Sec. 3. The board of health may employ servants, or assistants and establish temporary hospitals, and provide the necessary furniture, medicine, medical attendance and nurses therefor, whenever, in the opinion of said board the health of the city shall require it.

Sec. 4. It shall be the duty of every physician in the city to report to the board of health, or one of them, every case of small pox, or other contagious disease which shall come within his knowledge, within the city limits or its vicinity, within three hours after he shall have knowledge of the same, together with the name and residence of the person diseased.

others, after he or she has been exposed to the small pox, shall forfeit and pay to the city not less than five, nor more than one hundred dollars, or may be imprisoned not exceeding three months.

An Ordinance In Relation To Elections

Section 1. That the general election for all the city officers of the city of Richmond, shall be held on the first Tuesday after the first Monday in April, in each year.

Sec. 2. The clerk shall give ten days notice of such election by advertising in some newspaper published in the city, if there be one, otherwise by ten printed handbills, posted up in the city.

Sec. 3. The city recorder, at least five days before the election, shall make out and furnish the judges of election poll books, together with a copy of the appointment of such judges and clerks in writing.

Sec. 4. Judges and clerks of election shall take the same oaths, and be governed by the same laws, as far as applicable, as are prescribed by the statute laws of Missouri on the subject -of elections.

Sec. 5. Whenever a vacancy shall occur in the city council, by resignation or otherwise, it shall be the duty of the mayor, by proclamation, to order an election to be held to fill the same; ten days notice, fixing the time and place of holding such an election, shall be given by the mavor, and such election shall be held, in all respects, as other city elections are.

Sec. 6. Whenever any vacancy shall occur in the office of city marshal or city recorder, by resignation or otherwise, it shall be the duty of the mayor, with the approval of the city council, to fill said vacancy by the appointment of a city marshal or recorder for the residue of the term until the next general election of city officers.

Sec. 7. No officer of the city, nor any candidate for any city office, shall be appointed to serve as a judge or clerk of any city election.

Sec. 8. The judges and clerks of election shall each receive two dollars and fifty cents per day for each day they may act as such, and no person shall act at the same time as both judge and clerk of election.

Sec. 9. Such election shall be conducted in the same manner in all respects as provided by the statutes of the state of Missouri, in regard to general elections, when not inconsistent with the provisions of this ordinance.

An Ordinance In Relation To Street Commissioner

Section 1. It shall be the duty of the mayor, with the advice and consent of the city council, at the first session of the city council after his election, to appoint a street commissioner, who shall hold his office until his successor is duly appointed and qualified.

Sec. 2. It shall be the duty of the street commissioner to superintend all the work upon the streets, lanes and alleys within the city, that shall be ordered to be done, and shall report, from time to time, to the city council, such improvement and repairs on the same as he may deem needful.

Sec. 3. That the street commissioner for the city of Richmond, aforesaid, shall report to the city council at each and every regular meeting thereof, the property purchased and the amount and character of the work done, for the city of Richmond, not previously in like manner reported, and shall in a written statement duly sworn to by the said street commissioner, make a full exhibit of the property so purchased, and the amount paid or agreed to be paid for each separate purchase, the name of each person performing labor, the number of days employed, and amount paid per day.

An Ordinance In Relation To Salaries

Be it ordained by the City Council of the City of Richmond, as follows : Section 1. The several officers herein named shall receive the following compensation for their services: city recorder, $150; city attorney, $50; city treasurer, $50; city assessor* $50: street commissioner, $2 per day while employed; mayor, $3 for attending each meeting of the city council; councilmen, $2 each for each meeting; collector, 6 per centum upon all taxes collected by him, and 3 per centum upon all licenses; the city weigher 10 cents for each draught.

Section 1. Any person who shall ride or drive any animal or beast of burden in any highway, street, thoroughfare or other public place in said city, faster than a moderate gate, or at a rate exceeding five miles per hour, shall be deemed guilty of a misdemeanor.

Sec. 2. Any person in said city, who shall ride or drive any animal or beast of burden, or any vehicle, so as to come in collision with, or strike any other thing or person, shall be deemed guilty of a misdemeanor.

Sec. 3. Any person in said city, who shall leave any beast of burden or animal standing in any public place, without being fastened or guarded, so as to prevent such animal from running away, or shall leave in said city any beast of burden or animal standing hitched out over night without shelter, shall be deemed guilty of a misdemeanor.

Sec 4. In all cases of persons driving vehicles meeting each other in any street, alley, or thoroughfare in said city, each person so meeting, shall turn off and go to the right side, so as to enable vehicles to pass each other with system, and without danger; any person violating this section, shall be deemed guilty of a misdemeanor.

Sec. 5. Any person who shall, in this city, lead, ride, drive or place any horse, beast of burden or vehicle, on any paved or plank side-walk, or foot-walk, otherwise than in going into, or out of premises, owned or occupied by him, or his employers, shall be deemed guilty of a misdemeanor.

Sec. 6. Any person who shall in this city, hitch or fasten any animal to any pump, fence, ornamental or shade tree, lamp post, sign or awning post, not belonging to him, or his employers, shall be deemed guilty of a misdemeanor.

Sec. 7. Any person who shall, in any public thoroughfare or street in said city, throw, shoot, or hurl any rock, stone, ball, shot, snow-ball or any other thing or missile, from the hand, or by means of any other instrument or device, shall be deemed guilty of a misdemeanor.

Sec. 8. Whoever, in said city, owning or possessing property having a cellar opening on any sidewalk, shall fail to provide a door or shutter for such cellar, or who shall have such cellar door or shutter open when not passing into or out of such cellar, or who shall not keep such cellar door or shutter in good repair, shall be deemed guilty of a misdemeanor.

Sec. 9. Any person who shall within the limits of this city, fire, shoot off or discharge any cannon, musket, rifle, gun, pistol or any other kind of fire arms, except in case of necessity, or in the performance of public or lawful act of duty, except upon Christmas day and fourth of July, shall be deemed guilty of a misdemeanor.

Sec. 10. Every person who shall be found guilty of a misdemeanor, as designated in this ordinance, or who shall in any way violate any of the provisions of this ordinance, shall be fined in any sum not less than one dollar, nor more than ninety dollars and costs for every such offense.

Section 1. That hereafter no stallion, stud, jack or bull shall be shown or exhibited within the limits of the city of Richmond, unless the same be done in an inclosed private lot or pasture. And that any person or persons violating the provisions of this ordinance, 'or permitting the same to be done by any one having his or their stock in charge, shall be adjudged guilty of a misdemeanor, and fined in a sum not less than twenty dollars, to be recovered as other fines and forfeitures; and that the same be recoverable whether the owner have knowledge of such exhibition by the keeper or person in charge of such stock or not. Approved August 21st, 1867.

Section 1. Whoever shall in this city falsely represent himself to be an officer or policeman, of this city in any manner, or shall, without being authorized by the city, exercise or attempt to exercise any of the duties, functions or powers of a city officer or policeman shall be guilty of a misdemeanor.

Sec. 2. Whosoever shall, in this city, hinder, obstruct, resist, or in any wise interfere with any city officer, in the discharge of his official duties, or attempt to prevent any such officer from arresting any person, or attempt tc rescue from any officer any person in his custody, or aid or advise any person in custody of any officer to break guard, escape or attempt to escape, shall be deemed guilty of a misdemeanor.

Sec. 3. Whoever shall persist or continue in doing any act, or thing affecting the streets, public property, health or morals of said city, forbidden by the charter or laws and ordinances of said city, which it is the duty of the mayor or city marshal to enforce after such person shall have been notified or warned to desist from such unlawful act, shall be deemed guilty of a misdemeanor.

Sec. 4. Whoever shall be found guilty of a misdemeanor as provided herein, shall be punished by a fine not less than one dollar, nor more than ninety dollars, and costs of suit for every such offense.

Quiet

Section 1. That any three or more persons who shall in this city, assemble together with an intent, or being assembled, shall mutually agree to do an unlawful act, with force or violence against the property of the 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 said meeting or assembly, who shall not endeavor to prevent the commission or perpetration of said unlawful act, every person so offending, shall be deemed guilty of a misdemeanor and on conviction, shall be fined in any sum not exceeding ninety dollars, nor less than one dollar for each and every such offense with costs.

Sec. 2. Every person who shall wilfully disturb the peace and quiet of any street, alley, public or private place, market, church or other buildings, public or private, or any neighborhood, private family or person, within the city or Richmond, by any loud and unusual noise, by any means, instrument or device, by hallooing, bellowing, blowing, howling, swearing, or by using profane, indecent or offensive language, or by tumultuous, boisterous threatening or offensive language, or actions, or by any other means or device whatsoever, shall be deemed guilty of a misde-

Sec 3. Any person in said city, who shall suffer or permit in any house, or upon any premises, owned, occupied or possessed by such person, or over which such person has control, as agent or otherwise, any act or acts the doing of which is declared a misdemeanor by the preceding section, whereby any neighborhood, family or person is disturbed, interrupted or annoyed, shall be deemed guilty of a misdemeanor, and shall be punishable as provided in said preceding section.

Sec 4. Any person who shall, in the the city of Richmond, challenge, threaten, curse, abuse, assault, strike, beat, fight or wound in any manner, any other person or persons, or who shall use profane, obscene, offensive, abusive, indecent, violent, threatening or insulting language towards any other person or persons, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any amount not less than one, nor more than ninety dollars and costs.

Sec 5. No person shall wear or carry about his or her person, any pistol, dirk, bowie knife, revolver, slingshot, brass, lead or iron knuckles, or any other deadly weapon except in such a manner that such weapon can plainly and distinctly be seen by any person ; any violation of the provisions of this section, shall be punished by a fine of not less than ten dollars nor more than ninety dollars for every such offense, with costs.

Sec 6. Every person in said city, who shall wilfully give or make a false alarm of fire shall be punished by a fine not less than twenty-five dollars, nor more than ninety dollars, for every such offense.

Sec 7. Any person who shall, in this city, disquiet, disturb, or annoy any congregation or assembly of people, met for religious worship, by making a noise, or hy rude or indecent behavior, or by profane or offensive language, within such place of worship, or so near the same as to disturb the order or solemnity of such meeting, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding ninety dollars, for every such offense, with costs.