been printed by authority of the common council; and such record, certified copy, or printed volume shall be prima facie evidence of such laws, regulations and ordinances, without proof of the enactment, publishing, or any other thing concerning the same.

Sec. 16. The common council shall have power and authority Streets, &e. to lay out and establish, open, make, grade and repair such streets, lanes and alleys, squares, market places and public parks in said city as they shall deem necessary, and the same to alter, and to alter those already laid out, and to cause such of the streets and highways as shall have been used for six years or more as publie streets and highways, and which are not sufficiently described, or have not been duly recorded, to be ascertained, described and recorded in the office of the clerk of said city, in the book of street records; and the recording of such highways, streets, alleys or public grounds so ascertained and described, or which shall hereafter be laid out and established by the said common council, and recorded in the book of street records in the office of the clerk, by order of the common council, shall be presumptive evidence of the existence of such highway, street, lane, alley or public grounds therein described; and if, in the doing thereof, they shall require for such purposes Proceeding the grounds of any person, they shall give notice thereof to the ing of priowner or parties interested, or his or their agent or representa-erty. tive, by personal service, or by publication in some one of the newspapers printed in said city, at least three weeks next preceding the meeting of the common council at which action is to be had in regard to the same; and the said common council are hereby authorized to treat with such persons for such grounds or premises, and if such person shall refuse to treat for the same, or if the parties cannot agree therefor, it shall be lawful for the said common council to apply to any justice of the peace of said city, to issue a precept under his hand, of the Provision nature of a venire facias, to command the marshal or any constable of said city to summon and return a jury of twelve dis

on the tak

vate prop

for a jury.

Oath.

interested freeholders of said city, to appear before said justice at any time therein to be stated, to inquire into and assess the damages and recompense due the owner or owners of, or parties interested in such grounds or premises, which jury, being first duly sworn by said justice faithfully and impartially to inquire into and assess the damages in question, and having viewed Estimate of the premises, if necessary, shall inquire of and assess such 'damages. damages and make such recompense as they shall deem fit to the owner or owners of, or parties interested in such grounds or premises, for their respective losses, according to the several interests and estates therein; and the said justice shall, upon the return of such assessment, enter judgment thereon confirmDamages to ing the same; and all such sum or sums so assessed, together be paid or tendered. with all costs, shall be paid or legally tendered before such

Appeals.

street, lane or alley, square, market-place or public park, shall be made, opened, established or altered, to the claimant or claimants thereof, if a resident of the city, and if not, to be paid into the treasury of the city, for the use of such claimant or claimants; but if such jury shall find that the claimant is not entitled to any damages, then it shall be competent for said justice to render judgment against said claimant for the costs, and to issue execution therefor; and in either case it shall thereupon be lawful for the common council to cause the same grounds or premises to be converted to and used for the purposes aforesaid: Provided, That any party claiming damages may have the right to remove such proceedings by appeal to the circuit court for said county of Branch, upon giving notice of his or their intention so to do, to said justice in writing, within ten days, or in case of the absence of the said party from the city, within thirty days after the assessment aforesaid, and the judgment of said justice thereon, first giving bond, with two sufficient sureties, to be approved by the justice, conditioned to pay all costs which may be awarded against him in said circuit court; but no appeal, supersedeas, injunction, or any other process or proceeding from any court whatever, shall prevent the immediate making, laying out, opening, establishing or altering

such street, lane, alley, square, market-place or public park, as aforesaid; and upon filing a transcript of the proceedings aforesaid, within forty days after the judgments confirming such assessments, in the said circuit court, duly certified by said justice, the same proceedings shall be had as are prescribed by law in cases of appeals from justices of the peace: Provided, That Costs of apif the final judgment of said circuit court shall not exceed the damages assessed by said jury, and confirmed by the judgment of said justice, the party appealing shall pay all costs occasioned by such appeal.

peals.

duties.

Sec. 17. The mayor of said city shall be the chief executive Mayor, his officer thereof. It shall be his duty, in addition to the other requirements of this act, to see that all the officers of said city faithfully comply with and discharge their official duties; to see that all laws pertaining to the municipal government of said city, and all ordinances and resolutions of the common council be faithfully observed and executed.

recorder.

Sec. 18. The clerk of the said city shall, in addition to the Duties of other duties hereby imposed upon him, keep the corporation seal, and all papers filed in or pertaining to his office; shall make and preserve a record of all ordinances and by-laws passed by said common council, in proper books to be provided therefor; and when requested, shall duly certify, under the corporate seal, copies of all the records of said common council, and all papers duly filed in his office; also, perform such duties. as are or may be required of township clerks, in all cases in which he is authorized or required by this act to perform the duties of a township clerk, and for such services he shall receive the same fees as they are entitled to receive under the laws of this State; he is also hereby authorized and empowered generally to administer oaths and to take affidavits.

missioners.

Sec. 19 The street commissioner of the city shall be superin-Street comtendent of the city cemetery or cemeteries, and shall have care of the city cemetery or cemeteries, and all the grounds and other property belonging thereto, subject to the ordinances and direction of the common council.

Marshal.

Sec. 20. The marshal of said city shall be chief of the police of said city, and it shall be his duty to serve all processes that may be lawfully delivered to him for service; to see that all the by-laws and ordinances of the common council are promptly and efficiently enforced; he shall obey all lawful orders of the mayor or the common council, and shall also attend the meetings of the common council, and may command the aid and assistance of all constables, and all other persons, in discharge of the Powers of duties imposed upon him by law; he shall have power and authority, and it shall be his duty, with or without process, to apprehend any person found disturbing the peace, or offending against any of the by-laws and ordinances of the city, and forthwith take such person before any justice of the peace of said city, to be dealt with as the by-laws and ordinances of this act shall provide, and may apprehend and imprison any person found drunk in the streets, until such person shall become sober, and shall be authorized to command the assistance, in the discharge of such duties, of any of the citizens, if deemed by him necessary; and he shall perform all the duties that may be required of him by the by-laws or ordinances passed by said common council; and it shall also be his duty to collect all taxes levied by the common council of said city, within such time, and in such manner, as they shall by ordinance direct, and all moneys collected or received by him shall be paid over to the treasurer of the city.

To collect taxes.

Constructi'n of pave

Sec. 21. The street commissioner shall superintend the gradments, &c. ing, construction, pavement, repair and cleaning of side-walks, cross-walks, streets, lanes, alleys, public squares, culverts and bridges within said city, and perform all duties in relation thereto that shall be imposed upon him by the common council, and under their direction.

Collector.

Sec. 22. The collector shall perform all such duties in relation to the collection of the State, county and school taxes, in said city, as are now performed by treasurers of townships, and such other duties as are hereinafter specified.

Sec. 23. The constables of said city shall have and receive

fees and

the same fees, and have the like powers and authority in mat- Constables, ters of civil and criminal nature, as is conferred by law upon powers of. constables in the several towns of this State, and shall give like security, which security shall be filed with the clerk of said city, and approved by him within the time now required by law of constables in townships.

Sec. 24. The city constables shall obey the orders of the Duty of. mayor and aldermen, or of any person legally exercising the criminal jurisdiction of a justice of the peace in said city, in enforcing the laws of the State or the ordinances of said city; and in case of refusal or neglect so to do, he or they Penalty. shall be subject to a penalty of not less than one nor more than twenty-five dollars.

his duties.

Sec. 25. The treasurer of said city shall have the custody of Treasurer, all the moneys and evidences of value belonging to the city; he shall receive all moneys belonging to and receivable by the corporation, and keep an accurate account of all receipts and expenditures thereof; he shall pay no moneys out of the treasury except in pursuance of and by authority of law, and upon a warrant signed by the clerk and countersigned by the mayor, which shall specify the purpose for which the amount is to be paid; he shall keep an accurate account of, and be charged with moneys received for each fund of the corporation, and shall pay every warrant out of the particular fund constituted or raised for the purposes for which said warrant was issued, and having the name of such fund endorsed thereon by the clerk; he shall exhibit to the common council quarter-yearly, Quarterly and as often and for such periods as may be required, a full common and detailed account of all receipts and expenditures, classifying them by the fund to which such receipts are credited, and out of which such expenditures are made; and shall also, when required, exhibit a general statement, showing the financial condition of the treasury, which account, report and statement, shall be filed in the office of the clerk.

exhibit of

council.

duties of su

Sec. 26. The supervisors for each ward are hereby authorized Powers and and required to perform the same duties, in their respective pervisors.