Code of ordinances of the city of Mobile, with the charter and an appendix

              1
X-^r
*fl
»;
\l
i
AUBURN UNIVERSITY
LIBRARIES
Presented by
Mrs. M. J. Hulbert
SOHIEFFEUN
I
£^'^-L^C/C A
T H E
CODE OF ORDINANCES
CITY OF MOBILE,
Willi tbc tfljartct,
' }^ 'If
AND AN APPENDIX.
PURSUANT TO AN ORDEU OF THE MAYOR, ALDERMEN, AND COMMON COUNCIL,
BY THE HOX. ALEXANDER Mcm'STRY.
jMOBILK:
S. H. GOETZEL & CO., 37 DAUPHIN STREET.
1859.
Entered according to Act of Congress, in the year 1S5S, by
S. H. GOETZEL & Co.,
Tn the Office of the Clerk of the District Court for the Southern District of Alab.Tina.
2Sl MefJ Street
THE CHARTER OF THE CITY OE MOBILE,
In force in 1858,
AM) THE
OKDINANCES OF THE CITY OF MOBILE,
AND
AN APPENDIX,
BY ALEX. MCKLXSTJIY.
CONTAINING
Ist. A Statenieut of the dates of the French, British, Spanish, and American
occupation of Mobile.
27. A list of the Govemors of that part of Alabama south of the 31st de"-ree of
north latitude, witli the Commandants ot Mobile under the French, British and
Spanish Governments, and the Presidents and Mayors of Mobile, since, to 1858
and Collectors of United States Customs.
3d. A list of the Members of the Legislature, and Countj Judges of Mobile
County, to 18-58.
4th. Acts of Congress i-elating to the French. British, and, Spanish grants in
Mobile (ill Alabama, south of ike Zlvt degree of north latiturJe.)
bth. Acts of Alabama relating to the City, not included in the Charter.
6^/i.'"Acts, &c., with the Contract for the City Water-Works.
7th. Gas Light Contract.
Digitized by the Internet Archive
in 2010 with funding from
Lyrasis IVIembers and Sloan Foundation
http://www.archive.org/details/codeofordinancesOOmcki
THE
C H A^ R T E R
CITY OF MOBILE.
/
CHAPTER OF THE CITY OF MOBILE.
AN ACT to consolidate the several Acts of Incorporation of the Gitj' of
Mobile, and to alter and amend the same.
Be it enacted by the Senate and House of Representatives (15th Janu-qf
the State of Alabama, in General Assembly convened, section 1.)
§1. That the corjDoration of the city of Mobile shall style of cor-hereafter
consist of a mayor, board of aldermen, and
board of common council, and shall be known and styled
as the "mayor, aldermen and common council of the
city of Mobile," and by their corporate name may sue and ^^ued^
™''
be sued, implead and be impleaded, grant, receive, and do
all other acts as natural persons, and may purchase and chtse^'pr'o-hold
real, personal, and mixed property, not exceeding at
^^"^''"
any one time five hundred thousand dollars, or dispose of
the same for the benefit of said city, and may have and
use a city seal, which may be broken or altered at city seal.
pleasure.
§ 2. Be it further enacted, That the limits and bound- section 2.
aries of the said city of Mobile shall be as follows, to wit :
—
Commencinff at the north bank of Bayou Chetauo;ue at limits and
'-' -JO boundaries.
its mouth, thence running east to the east bank of Spanish
river, thence down the east bank of said river to the
extreme southern point of the island, thence south to a
point which will intersect the south boundary of township
No. 4, thence west to a point where a north line will strike
the Bayou Chetaugue at the old portage, thence down the
left bank of said bayou to the place of beginning.
§ 3. Be it further enacted. That the said city of Mobile Section 3.
shall be divided into seven wards, to be numbered and seven wards
designated as Wards Nos. 1, 2, 3, 4, 5, 6, and 7 ; which
wards shall be divided and bounded as follows ;
—
CHARTER.
Ward No. 1. Ward No. 1 shall commence at the intersection of the
eastern and northern boundary lines of the city, thence
running southwardly along the east boundary line of the
city to its intersection with the center of St. Louis street,
thence westwardly along the center of St. Louis street to
, its intersection with the center of Franklin street, thence
northwardly along the center of Franklin street, to its
intersection with the north boundary line of the city, thence
along the said north boimdary line eastwardly to its inter-section
with the east boundary line of the city, being the
place of beginning.
Ward No. 2. Ward No. 2 shall commence at the intersection of the
east boundary line of the city and the center of St. Louis
street, thence running southwardly along said east boundary
line to its intersection with the center of St. Francis street,
thence westwardly along the center of said St. Francis
street to its intersection with the center of Franklin street,
thence northwardly along the center of Franklin street to
its intersection with the center of St. Louis street, thence
eastwardly along the center of St. Louis street to its inter-section
with the said east boundary line, being the place
of beginning.
Ward No. 3. Ward No. 3 shall commence at the intersection of the
east boundary line of the city and the center of St. Francis
street, thence running southwardly along said east boundary
line to its intersection with the center of Conti street,
thence westwardly along the center of Conti street to its
intersection with the center of Franklin street, thence run-ning
northwardly along the center of Franklin street to its
intersection with the center of St. Francis street, thence
eastwardly along the center of St. Francis street, to its
intersection with the said east boundary line, being the
place of beginning.
Ward No. 4. Ward No. 4 shall commence at the intersection of the
east boundary line of the city and the center of Conti
street, thence running southwardly along said east boundary
line to its intersection with the center of Munroe street,
thence westwardly along the center of Munroe street to its
intersection with the center of Franklin street, thence
CHARTER.
northwardly along the center of Franklin street to its in-tersection
with the center of Conti street, thence eastwardly
along the center of Conti street to its intersection with the
said east boundary line, being the place of beginning.
Ward No. 5 shall commence at the intersection of the ward no. s.
east boundary line of the city and the center of Munroe
street, thence running southwardly along said east boundary
Kne to its intersection with the south boundary line of the
city, thence westwardly along said south boundary line to its
intersection with the center of Franklin street, thence
northwardly along the center of Franklin street to its inter-section
with the center of Munroe street, thence eastwardly
along the center of Munroe street to its intersection with the
east boundary line of the city, being the place of beginning.
Ward No. 6 shall commence at the intersection ofwardNo. e.
the south boundary line of the city and the center of
Franklin street, thence running northwardly along the
center of Franklin street to its intersection with the center
of Dauj)hin street, thence westwardly along the center of
Dauphin street, as far as the intersection of Wilkinson
street, from which point continuing westwardly along the
center of Spring Hill road to the west boundary line of
the city, thence southwardly along the east boundary line
of the city to its intersection with the south boundary line
of the city, thence eastwardly along said south boundary
line to its intersection with the center of Franklin street,
being the place of beginning.
Ward No. 7 shall commence at the intersection of the ward no. 7.
center of Dauphin and Franklin streets, thence running
westwardly along the center of Dauphin street as far as the
intersection of Wilkinson street, from which point con-tinuing
westwardly along the center of the Spring Hill
road to the west boundary line of the city, thence north-wardly
along said west boundary line to its intersection
with the north boundary line of the city, thence eastwardly
along said north boundary line to its intersection with the
center of Franklin street, thence southwardly along the
center of Frankhn street to its intersection with the center
of Dauphin street, being the place of beginning.
6 CHARTER.
(Section 4.) §4. Be it further enacted, Tliat no person or persons
Eligibility of shall be eligible to the offices of mayor, aldennen or com-mavor,
al-dermen
and nion council aforesaid, unless he or they be free white male
citizens of the United States of lawful ao-e, and shall
oouncilmen.
and qualifi
cations.
(Section 5.)
(Feb. 9th,
1852, Sec-tion
7.)
Board of al-dermen.
Of council-men.
(1844. Sec-tion
G.)
Election of
mayor and
councilmen.
have lived within the corporate limits of the said city at
least twelve months immediately preceding the time of their
election, and shall have j^aid into the city treasury a tax
within the last municij)al year, unless exempted by law
from the j^ayment of the same.
§ 5. Be it further enacted, That the board of aldermen
shall consist of (three) aldermen for each ward, and the
board of common council shall consist of seven members to
be elected as hereinafter provided. Provided, One of the
said common councilmen shall reside in each of the several
wards.
§ 6. Be it further enacted, That the mayor of the said
city and the seven common councilmen shall be elected by
ballot in general ticket, by the free white male inhabitants
Qualification of Said city, of or over the age of twenty-one years, who
of voters.
^^^ citizcus of the United States, and have resided within
the city at least twelve months immediately preceding the
election, and who have paid into the city treasury a tax
within the last municipal year previous to the election,
unless exempted by law from the payment of the same ;
and the aldermen aforesaid shall be elected by ballot, by
the citizens of their respective wards, who shall be resj^ec-tively
qualified as aforesaid ; but no person shall be so
eligible to the office of aldermen, or qualified to vote for
the same, unless he or they shall have been residents of the
ward for at least twenty days immediately preceding the
day of election.
§ 7. Be it further enacted. That hereafter, commencing
at the municipal election to be held in and for the city of
Mobile, on the first Monday of December, 1852, the per-sons
who shall be elected to fill the respective offices of
mayor and common councilmen of said city shall hold their
offices for the term of three years ; and that after the said
Siiraen. clection in December, 1852, no general election shall be
held for either of the offices of mayor and common council-
Election of
aldermen.
Aldermen
shall have
resided 20
days in the
ward.
(1852, Sec-tion
6.)
Term of
office of
mayor and
CHARTER.
men offcener than once in three years, but that when a
vacancy shall occur in the meantime in either or any of ho^fiuld.
said offices, the same shall be filled in the manner now pre- ^"'^ ^^ ^^' ^^'
scribed for the balance of the unexpired term for which
such mayor or common councilman was elected, whose
office shall be so vacant.
§ 8. Be it further enacted, That hereafter, commencing (I852, seo-at
the municipal election to be held in and for said citv •
.
•' Election of
on the first Monday in December, 1852, there shall be three awermen.
aldermen elected for each ward in said city, by the qualified
voters thereof respectively ; one of which said aldermen
from each ward shall hold his office for the term of one
year, and one for the term of two years, and one for the
term of three years, from the date of said election in 1852,
and no longer ; and that on or before the first Monday in
November, 1853, the said three aldermen so elected for
each ward, shall, in the presence of the board of aldermen,
which shall be organized as now required, so far as may be,
and in such manner as said board shall direct, determine
by lot which one of said three aldermen for each ward shall
hold his office for one, and which for two, and which for
three years ; so that thereafter, commencing at the said
election in 1853, one alderman from each ward, and no one elected
more, shall be annually elected at the said municipal elec-
^""""^ ^'
tion in each year, who shall hold his office for the term of
three years, and no longer, all vacancies in said board of"Vacancy,
•' '
. "O'w filled.
aldermen, by death or otherwise, to be filled in the manner
pointed out by the laws now in force, and for the unexpired
time of the persons whose office shall become vacant.
§ 9. Be it further enacted, That the mayor, aldermen (ism, seo-and
common council for the time being shall appoint three Three k-inspectors
for each ward in the city, to preside at the elec- pointe[uo^'
tion for mayor, aldermen and common council ; the certifi- tionslor'
cate of which inspectors shall state the number of votes cerufillteof
taken, and who are the highest on the list. And said cer- ^''=''''°°-
tificate being filed with the clerk of the said city of Mobile,
shall be conclusive evidence as to those who are elected
mayor, aldermen and common councilmen for said city, and
within three days after the said, or any subsequent election.
8 CHARTER.
each person wlio shall be elected shall take the following
^cfn^'ereet'eT '^^^^^ '—I ^0 solemnlj swcai' or affirm that I will truly and
uact&c" faithfully execute the duties of mayor, alderman or common
with cit)
. councilman (as the case may be) as jDrescribed in this Act,
and that I will not during my continuance in ofiice be
dii'ectly or indirectly engaged in any contract with the
corporation, or sell to or buy from it in any estate, interest,
or matter whatever ; and all contracts entered into in
(1840, Sec- '
tion 10.) which any officer or member of the corporation other than
be void"^
*° for efficient members, either directly or indirectly, shall be
void.
(1844, Sec- § 10. Be it further enacted, That the mayor for the
*"'" ^'^ time being shall give ten days' public notice, by advertising
election" giv- in somc public ucwspapcr printed in the said city of Mobile,
yma>or^^_
by postiug up such uoticc in two or more of the most
public places within said city, of the time and place of
holding said elections, which elections must be holden in
(1824, Sec- the several wards of the said city, and the said inspectors
or iudges shall have full power and authority to keep order
Inspectors JO i j l
to kee^"^^'^ at the place of holding said elections, and to commit to the
peace.
jg^^]^ ^^ ^]^g couuty, for a time not exceeding forty-eight
hours, any person who shall attempt to make, or make, any
disturbance at the place of holding the said elections, so
as to interfere with the peaceable and orderly conducting
Duty of of said elections, and the sheriff of the county of Mobile,
the city the city marshal, and the police constable appointed by the
city of Mobile, are hereby commanded to obey and cany
into execution, all process issued by the said judges or in-spectors
as aforesaid, in pursuance of this Act, and if there
should be an equal number of votes between any two or
more persons who shall have been voted for at said election,
and the choice of mayor, aldermen or common councilmen,
or any or either of them is prevented thereby, the said
judges or inspectors shall declare the fact, and shall issue
notice in the same manner and form as is required by this
Act for the regular election, for a new election to fill the
vacancy occasioned by those having an equal number of
votes.
(1844, See- S 11. .Be it further enacted, That the polls for said elec-tion
9.)
*^
CHARTER.
tion of mayor, aldermen and common councilmen, shall bepoUstobe*
kept open from eight o'clock in the morning until four tvom eight to
o'clock in the evening, and no longer, for the reception of
ballots ; and on closing the polls the judges shall proceed
immediately, and in a public manner, to count the ballots,
^j^^^ ^^^.j.
and when the certificate of the said judges or inspectors ^"j^ifcgrk^
shall be filed as aforesaid, the clerk shall immediately give one^to "foT
to each person a certificate of his having been duly elected. efJoTed.
§ 12. Be it further enacted, That if any municipal elec- (1852. sec-tion
shall be contested in the city of Mobile, it shall be ""^ '''
before the judge of the circuit court of the Mobile district, ipai election
or judge of the ci?y court of Mobile. Testimony may be
taken by a justice of the peace or before a commissioner mony may
apj)ointed by the judge trying the cause for that purpose,
or may cause the witnesses to come before him and depose
in the case.
§ 13. Be it further enacted, That the ballots at the qssa, seo-several
polls or precincts in the city of Mobile shall be ^°^ '•*
carefully sealed up without examination after said election, eiect°iont
^
and shall be by the managers deposited with the sheriff of and deposit-
1 1 n 1 f r-n ed with she-said
county, who shall preserve the same for fifteen days ;
riff-and
then, if there be no contest, said sherifi" shall cause
the same to be burned in his presence, but in the event of
a contest, they shall be delivered to the judge trying the
same.
§ 14. Be it further enacted, That the party contesting (1352, sec-shall
give notice of said contest to the sheriff" and judge Notice* of
before whom he wishes said contest tried and the person orbe^gfvento
'
persons whose election are so contested, within fifteen days in fifteJI'
'
next succeeding said election.
§ 15. Be it further enacted. That when testimony is (I852, sec-taken
under this Act, the opposite party shall have two „ .
' .
i. J Notice to op-days'
previous notice of time and place, and the party p°si'« p^^'y-taking
depositions shall receive fees as follows : to wit, dl^oJ^ons
For each hundred words ten cents, for each notice or cer- '^°-
tificate to the ofl&cer serving notices, or subpoenas, each
fifty cents, to be paid by the party at whose instance the
said service is performed.
§ 16. Be itfurther enacted, That after said testimony is tion1)
10 CHARTER.
Trial and comjileted, Said judge trying tlie cause shall examine the
poll list and ballots and pronounce judgment in the case
according to the facts developed.
tiof6.f'°' § ^'^- -^6 *^ further enacted, That the board of alder-
^hai7"e"t i^eii shall select one of their own body as a presiding officer
;
officer!"^ it shall be the duty of said board to convene once in each
once .week, wcek, and the board of common council shall elect one of
Council shall thcir own body to preside over them, which board shall
ing officer, asscmblc wecklv, (but not on the same day that the board
Shall meet •" ^ '
once a week, of aldermen convene.)
but not on '
same day as R \^ j^q {f further enacted. That the said boards of
aldermen. u »' ;
See § 30. aldcrmcn and common council shall severally be the iuds^es
(1S44, Seo- . . . . .
tionii.) of the election and qualification of their resjjective mem-bers,
(except so far as restricted by §§ 12, 13, 14,
15, 16.)
(1844, Seo- § 19. Be it/mother enacted, That in case of the sickness
or temporary absence of the mavor from the city, the duties
Who shall .
"
.
act as mayor of his oflfice shall bc performed by the president of the
when he is -,-.[, ., ,.
temporarily board of commou council, and m case ot the absence, m-absent
or
"o"^- ability, or refusal of the latter to attend to the said duties,
the same shall be performed by the president of the board
When his ^^ aldermen ; and in case of the death of the mayor, his
dSr'^^'va- resignation, or inability to discharge the duties of his
oant.
office, or absence from the city for two consecutive months,
without permission of both boards, his office shall be de-clared
vacant by said boards, who, after giving ten days'
Vacancy, public noticc, shall proceed in joint convention to elect his
how filled. ^ 5 r J
successor.
g Sec § ^^- -^^ it further enacted. That no person residing out
tion 6.) Qf i\^Q corporate limits of said city shall be eligible to the
we°B^dtlu" office of mayor of said city ; and if the mayor shall, after
of the city, j^-g giggtion, rcmovc his domicil out of the lunits, he shall
thereby forfeit and vacate his office.
(1844, Sec- § 21. Be it further enacted, That in case any member
Haidermen of either of the boards of aldennen or common council
men shall shall dic, resigu, be unable to discharge the duties of his
&c.', or re-' or their office or offices, or be absent from the city for two
move out of
t'leir ward, consccutive months without leave of the board of which he
oinco shall
bo^declared jg ^ member, or if any alderman or aldermen, shall, after
CHARTER. 11
his or their election, remove from the ward for which he or
they were elected, the seat of any such member or members
of either of said boards shall be declared vacant, and the
said vacancy filled by the board in which it occurs, of which how^mied.
ten days' public notice shall be given.
§ 22. Be it further enacted, That the said mayor, alder- (1844. seo-men,
and common council shall have full power to elect or
'
^ _ _
--
_ Convention
appoint, in a convention to consist of a mayor and the said mjay^ppoint
two boards, all officers and agents which may be deemed ^'^^ agents.
necessary for the purpose of said corporation, and the com- compensa-pensation,
duties, and security for the faithful performance and 'securUy
of the duties of said officers and agents, shall be fixed by ™^^ ^^ ^^'^^
the said mayor, aldermen and common council, and the
said officers and agents may be removed and displaced at the May be re-pleasure
of said convention, and the compensation of such
/v" T 1 n 1- n -\ • Compensa-officers
and agents shaU cease from the time of such dis- 'ion shau
'-' cease.
placement or removal.
§ 23. Be it further enacted, That the terms of office of
[J^^^'
^«°-
all officers of said city annually elected shall commence on ^^^^^ ^^ ^^_
the first day of January of each year, and continue one annuliiy™
year, and until their successors shall be duly elected and '''^°'®'^-
qualified.
§ 24. Be it further enacted, That the treasurer for the ^I^q^^"'
time being, shall perform the duties of clerk of the common JharbT"^
• 1 clerk of
council. council.
§ 25. Be it further enacted. That from and after the (I852, sec-first
Monday of March, 1853, there shall be but one person
i-p-a/TT'i 11 Tax assessor
elected tax assessor m and for the city of Mobile, and that elected
the person who shall be so elected at any time, shall hold
his office for the term of three years, from the date of his
^°l^^''^^
said election, except when a vacancy shall occur in the said
office of assessor by death, resignation, or removal, in which '^^°^"°y'
event, an assessor shall be elected, who shall hold his office How fiUed.
from tne date of his election to fill such vacancies until
the first Monday of March next succeeding, and for thfe
term of three years from and after the said next succeeding
first Monday of March, that said assessor shall be elected
by the mayor, aldermen, and common council of said city
on the first Monday of March, 1853, and thereafter on the
1
2
csartm.
same day, as necessary to fill a regular term of said office
of assessor, and in case of a vacancy as aforesaid, the said
election sliall be had as soon as possible after the said
Shall hold vacancy shall occur. That said assessor shall hold his
municipal" office in the municipal buildings of said city, devote his
'"°^'
entire time and attention to the duties appertaining to his
Books, &c„ said office of assessor, and that the books and papers relating
to his said office, shall at all proper times be kept open to
public inspection. That once in each year, under such
regulations, and in such periods of time as the said corpo-rate
authorities may from time to time ordain and appoint,
Shall make the Said asscssor shall 'make an assessment of all the pro-ofau'pro"'
perty in said city liable to be assessed, and that for the
^"'^" performance of the duties of his said office, the said assessor
compensa- shall bc Compensated in such manner, and to such an ex-
''°""
tent, as the said corporate authorities may from time to
time ordain and establish, but in no case to be changed
during the official term of any assessor.
(1852, Sec- § 26. And be itfurther enacted, That from time to time
hereafter, there shall be elected for said city, some com-
City survey- -"
. ., .
or elected peteut pcrsou who shall act as surveyor or civil engineer,
in and for said city, who shall be styled city surveyor, and
For three "^^^o shall hold his officc for the term of three years, from
years. ^-j^^ ^^^^ q£ j^jg electiou, and no longer ; keep the same in
office inlhe thc muuicipal buildings, together with all surveys, field
iTuiidinT's,' notes, maps, charts, diagrams, &c., and all papers, &c.,
pers.'mapt, mcmorauda relating to his said office of city surveyor, or
veyl,^fieui which may be necessary or proper for a perfect understanding
grams. of liis acts in his said office, all of which shall be entered
by him in suitable books, to be provided by and to be the
Books o en Property of the city, which books shall be at all times open
to public.
,j.Q pi^ijjiic inspection, under such regulations as the corporate
authorities shall from time to time prescribe. The fore-going
duties to be additional to those required under existing
laws and ordinances, for all of which said city surveyor
shall receive such annual or other compensation not to be
^^ompensa-
^^j^^^j^gg^^ duiing his official term, as the corporate authori-ties
shall allow—that fijr the purj)Ose of carrying out the
provisions of this Act, the mayor, aldermen and common
CHARTER. 1
3
councilmen of said city in joint assembly convened, shall
on the first Monday of March, 1853, and from time to time
thereafter as often as a vacancy in said office may occur ^'"'''"''•'
proceed to elect said city surveyor. (is48. sec-
§27. And be it further enacted, That the assessor and Assessor and
collector of taxes of said city, to he hereafter elected, shall simii be
,.. „.,. freeholders
be freeholders within the corporate limits of said city. in the city. ^ •' (Code, Sec-
§ 28. Inspectors may be appointed, their duties pre- ti"" §53,
Inspectors of
scribed, their fees fixed, and inspection regulations adopted ^'^^^^^^s, to-^^
by the city authorities of Mobile for inspection of staves, tf^g^'^oPf""
tobacco, pitch, tar, turpentine, rosin, fish, flour, and oil, o^ may be
within the limits of the city, but all inspection regulations ^pi'°'"*''''-
•' •" -* ° Regulations
SO adopted, before they are of any force or effect, must be off tie ^p.
X J J J J proven by
approved by the governor of the State, and published for
g°[3™°§|i
three successive months in two pajjers at Mobile, and one ^nrrfionr,
at the seat of government. ?o ou"^
"^
§29. And be it further enacted. That the mayor, [i^sssec-aldermen
and common council of the city of Mobile, are
auS'^ities
hereby authorized and empowered to appoint inspectors of °ppp"^j'?„'°
salt and oil for the said city of Mobile. saSoU.
§ 30. Be it further enacted, That the boards of alder- (is44, sec-men
and common council respectively, shall have power to
hold and to adjourn their meetings from ti•me Pto Itime, boards^how regulated.
unless sooner called together by a wiutten notice irom the
PITT ^^^ ^^ e^""
mayor, designating the time and place of holding such ed by mayor,
meetings. They shall each keep a journal of their pro- Keep joumai
ceedings, and shall enter the yeas and nays on any question,
resolve, or ordinance, at the request of any member, and
their dehberations shall be public.
§ 31. Be it further enacted, That the said mayor, al-
^ g^^_
dermen and common council shall have full power and ^™ho°;i\ , ^^
authority to pass all by-laws and ordinances to regulate the J^^'",!fng, &c.
stationary anchorage and moorings of vessels within their "^^^^^"'^^
jurisdiction, T, T • Prevent and
prevent and remove nuisances, remove nui-
And to prevent the introduction of contagious or infec-tious
diseases within the said city, by refirulatino; the approach Prevmt in-
•" -^ °. \^ . troduetionof
of vessels having sick on board, and the landing the sick, disease, how
or of articles calculated to produce disease, and by providing
1
4
CHARTER.
one or more places for the reception of the sick, or by any
other lawful means whatsoever ;
Ts'lnd pa-"'' To establish night-watches and patrols,
E°ect lamps. And to erect lamps ;
reTaUers, " To provide for licensing and regulating retailers of liquors
May revoke, within the Hmits of said corporation and to fix the sum
License and i-tpi i itt recuiate to DO paid lor the same, and annulling the same on good
riages, wag- aiid Sufficient complaint being made against any person
ons. carts, -- " " •i x
drays and holding such liccnse pawnbrokers <-> ';
gambling"' For the regulating hackney coaches, carriages, wagons,
reguiafe *e- carts and drays, and for licensing the same ;
atricai and j^^^ ^^^ ^^^ rcgulatiug of pawnbrokers within the said
amusements •,
Regulate, City ,
&c. markets. rn / • i m •
j i t
Bent stalls. io restrain or prohibit gambling,
stalls. And to provide for licensing and regulating theatrical
To prohibit
^
. , . , ° .
°
the sale of and othcr public amusements within the city,
meat, poul- . ,
try, fish, or To establish and regulate markets, and to rent out the
game, ex-
_
° '
ceptatthe gtalls in tlic samo, saving and reserving however at least market. 70 o
repab brid"-
^'^° stalls iu cach and every market for the use of country
To keep in pGople who may attend the same with marketable supplies,
ItfeeL, ave- ^ud to prohibit the selling of meats, poultry, fish or game,
and^sewers^ cxcopt at the public market or markets,
To 'license To crcct and reiDair bridges, to keejD in rejiair all neces-chimney-
t • i i
sweepers &o sary strccts, avenues, drains and sewers, and to i:)ass regula-
To establish . f 1 • ^ i
and regulate tious nccessaiT lor the preservation of the same ;
fire wards • i n 1 •
and fire com- To providc for the licensing of chimney-sweepers, and
panies. ^_
_ P j 1 j
weiis"a'^nd
I'Ggulating the sweeiDing of chimneys and fixing the rates
erect and re- thcrCof,
pair pumps "
To^im^pose ^o cstablish and regulate fire wards and fire companies ;
p^iit^'e^fines, To siuk wclls and erect and repair pumps in the streets,
andlbrfe'i- To Imposc aud appropriate fines, penalties and forfeitures
breach o'f for the breach of their ordinances or by-laws
;
ordinances. To euact by-laws for the prevention and extinguishment
and extin- of fircs, aud if ncccssary to remove or pull down buildings
guish fires. n ^ •
To pull down or fences for the prevention of the spreading of the same,
or remove
_
x o j
erections.
To crcct or establish hospitals or pest houses, work houses,
To erect and
hol^'iiais, houses of correction, penitentiary or other buildings for the
work'iZtes, iise of the city, or to join with the county of Mobile in the
cor"rccdon, ercction of the same, and to have a joint control over the
penitentiary.
CHARTER. 15
same with the public authorities of the county, and to levy to levy and ^ '''_'' collect taxes
and collect taxes, as prescribed by this Act, for defraying
*^^^,f^j^^^'^
the expenses thereof, and all other necessary purposes,
ToTe°^fuate
To regulate party and other fences, and to determine hy r;"i^g>'
j^^'J.^^^
whom the same shall be made and kept in repair; to'prevent
To restrain and prohibit the nightly and other meetings "[her'Leet*-
or disorderly assemblies of slaves, free negroes and mulattoes, o"rderty as-^"
to punish such slaves by whipping not exceeding twenty sWes! free"
stripes, and to punish such free negroes and mulattoes, and nmiatto'es.
other persons for such offenses by affixing penalties not ex- sroes, mu-n>
-I n 1
l^"oes, and
ceeding fifty dollars for any one offense, and m case of the ot'ier per-
'-' *' "^ ' sons may be
inability of any such free negro, mulatto, or other person
^J'jJ'i^,!,'^''^;^^
to pay and satisfy any such fine or penalty, and the costs
I'l^'^^/^^'g^^j^';;''
thereon, to have such free negro, mulatto, or other person To'cause aii
to be confined to labor for such reasonable time not ex- idiror"citsor-ceeding
three calendar months for any one offense, as may sons! ai7of
be deemed equivalent to such penalty and costs, which said m fame, or
labor shall be such as shall be designated by said mayor, visib^
aldermen and common council, for the general benefit of support, or
.
/ O jjpg liljcly to
said city, become pau-
•^ ^ pers, or
To cause all vagrants, idle or disorderly persons, all per- fo™^ ^teg-sons
of evil life or ill-fame, and all such as have no visible ''™"'^' 'j^ °^
' about the
means of support, or as likely to become chargeable to the fo[fer?ng°'^
city as paupers, or are found begging or drunk in or about pUng' houses
the streets, or loitering in or about tippling houses, or who rea^sonlbre"
can show no reasonable cause of employment or business in busSess, or
the city, all who have no fixed place of residence or cannot ed^iaoe of
•
give a good account of themselves, all who are grossly in- cannot give
1 -1 11' 1 T 1 • n 1 '^ "Ood ac-decent
in lano-uage or behavior publicly m the streets, and count of
* ° . themselves,
all public prostitutes, or such as lead a notoriously lewd or or :•"« kvoss-i-
X ? ./ ]y indecent
lascivious course of life, to srive security for their ffood be- '" 'assuage
" o J o or behavior j
havior for a reasonable time, and to indemnify the city P)^g'^\''j.'jgj^
against any charge for their support, and in case of their uc'prost'i"'''
inability or refusal to give such security, to cause them to i^wd^ 'o^iri^
be confined to labor for a limited time, not exceeding four coTse^f
calendar months, unless such security shall sooner be given, security."'^
which said labor shall be designated by the said mayor, eive seoud-aldermen
and common council for the general benefit of the fined to labor
said city, and that the labor so designated may be carried ing* months
16 CHARTER.
How labor ^^^^ cffect, tliG Said mayor, aldermen and common council
andpedbna- shall have powcr to appoint a person or persons to take
those so confined and sentenced to labor, from their place
of confinement to the place appointed for their working,
and Avatch them while at labor, and return them before
sundown to the place of confinement, and if they shall be
^«p^^'i"j°"°J found afterwards offending, such security may again be
ll^^^JJ^"''
'"^ required, and for want thereof, the like proceeding may
again be had from time to time as often as may be neces-
To lev-y tax- cavir •
esonall ""^-^J j
brMig\t to To levy taxes on all slaves brought to the city for sale
the city for i ^ j_ a_ ^ i ^
sale. by any merchant, trader or dealer ;
and regulate To take care of, remove, iDreserve, designate and regulate
all burying n i i • t • i •
grounds, all burvmg grounds withm the city :
To regulate "^ *=
*= '' '
. .
weights and i reguiato weights and measures, appoint inspectors oi
measures. '-^ •- ^ j. i. i.
To appoint lumber, fire wood, flour, beef, pork, fish, and all other salt
inspectors oI ^ ^ 7JJ.77
lumber fire- provisious wood, whatsocver ; Hour, >• '
fish'an'd oth- ^^^ ^^ P^^^ ^^^ ^^^^^^ resolutious, by-laws and ordinances
visfonsf™" as they, or a majority of them, may deem requisite and
^uchre^soiu- necessary for the good government of the said city, not
ilwl.'and or- contrary to the laws of the State of Alabama.
nlay"be ne^-^ § 32. Be itfurther enacted, That the said mayor, alder-
CI808. Sec- iiien and common council shall have full power and authority
To"es'tabU8h to establish ferries across the river Mobile, within the limits
ri^s a^^oss*"^ of Said city, and regulate the rates of ferriage, to establish
' and keep open all sidewalks, drains and sewers, which they
To establish
^ ./
and keep may dceiu necessary for the convenience or health of the
open side- , , _ n i i • •
walks, . Citizens, paying the owners of lands miured thereby such
drains and 7 1 / o
^
J J
sewers. damagcs as they may sustain thereby, to be assessed and How opened o ,/ j j ?
Damages to ascertained in the manner provided by law in case of streets
being opened over private pro2)erty. be assessed.
(1844, Sec- § 33. Be itfurther enacted, That the mayor and each of
tion 16.)
^j^g aldermen, and each member of the board of common
eaXoi^he couucil, sliall be conservators of the peace in and for the
and'^uncii- city of Mobilo, and shall have power to examine and
men conser- , n-i i-in i -i
• ^
vators oi the commit Or discharge on bail all persons charged with
offenses not capital, in the same manner as justices of the
peace, but shall exercise no other judicial functions what-ever,
and shall not receive any fees or perquisites ; and the
CHARTER. 17
mayor sliall have authority concurrent with a justice of the
peace to arrest and commit to prison deserting seamen and "orUy at""c
mariners from vessels in the merchants' service under the ^'^''"'^"•
provisions of an Act passed at the fifth annual session of
the general assembly, entitled "An Act in relation to
seamen belonging to vessels in the merchants' service."'"'
* § 868.—If any person who has made an engagement to perform a voyage in any ship, or Code,
vessel, at any port or place in this State, deserts, or absents himself from such ship, or
vessel, without the leave of the master, or officer commanding in the absence of the master,
any justice of the peace, upon complaint thereof being made under oath, must issue his
warrant, to apprehend such seaman and bring him before himself, or some other justice, and
if it appears that he has made an engagement to perform a voyage, that such voyage has
not terminated, that such seaman has deserted, or absented himself without leave, the
justice must commit him to the common jail of the county, there to remain until such ship,
or vessel, is ready to proceed on her voyage, or until the master requires his discharge, the
master paying the jail fees for each week in advance.
§ 869.—If any person knowingly conceals, or harbors, any person belonging to any ship
or vessel, he forfeits ten dollars a day, for each day he so harbors or conceals such person
to the use of any person suing for the same.
§ 870. —The justice issuing the warrant is entitled to fifty cents, and for hearing the testi-mony,
and other necessary orders, to one dollar, and the sheriff, or constable, apprehending
such person on such warrant, to three dollars, in each case to be paid by the master.
§ 871.—Any master of any vessel, who within this State ships, hires, or receives, any per-son
belonging to any other vessel, without a discharge in writing signed by the master of
such vessel, forfeits fifty dollars, one half to the person suing for the same, the other to the
use of the county in which such suit is brought.
§ 1045.—The master or consignee of any vessel, coming into any port in this State, having
on board any free person of color, as cook, steward, or mariner, must, within three days
thereafter, furnish the mayor, or intendant of the place, a list of the free persons of color
on board such vessel, and enter into bond, payable to the State of Alabama, in such sum,
not less than two thousand dollars, and with such security as the mayor, or intendant may
prescribe, which must be filed in his office, and upon a breach thereof, judgment may be
rendered by motion of the solicitor of the circuit, in the circuit court of the county, or in
the city court of Mobile, ten days' notice thereof being given, for the penalty of such bond.
§ 1046.—The condition of the bond is, that such free colored persons shall remain on board
the vessel, and not leave the same during the stay of the vessel in the waters of this State,
and upon its departure, that such free colored persons will depart with the vessel ; that such
vessel, with such persons on board, shall not come within three miles of the town or city
attached to the port, nor within one mile of the shore, except in passing out of the bay of
Mobile, and that, during the stay of such vessel, no communication will be permitted
between the free colored persons on board the vessel and slaves, or free persons of color
within the State.
§ 1047.—If any such free persons of color are dangerously ill, they may be conveyed to
any hospital of the United States ; or if there be none, to a private hospital, and as soon as
discharged therefrom, must return to the vessel.
§ 1048.—If within three days after the arrival of a vessel within the waters of this State,
the list of such free colored persons, and the bond required by this article is not made, and
delivered as herein provided for, the sheriff of the county must apprehend all such free
persons of color, and lodge them in jail, where they must be kept until the vessel is ready
to proceed to sea ; and it is the duty of the harbor master to give information to the sheriff
of the arrival of any vessel containing such free persons of color.
§ 1049.—It is the duty of the master of such vessel, when ready for sea, to take such free
persons of color with him, and carry them beyond the limits of this State, paying the ex-penses
of their arrest and detention ; and upon failure to do so, he is guilty of a misdemeanor,
and must be fined in a sum not exceeding one thousand dollars, and may, in the discretion
of the jury, be imprisoned, not exceeding six months.
§ 1050.—If such free persons of color are not carried away by the master of the vessel
18 CHARTER.
uon*i7o°" § ^^- ^^ ^^ further enacted, That it shall be tlie duty of
see'iaws°ex- ^^^ major to 866 that the laws of this corporation be duly
eouted. exccuted, and he shall hold a court once in each day of the
fa°ohday!^' wcck (Suudays excepted) for the trial of all offenders
against its laws and ordinances ; he shall report the negli-negUgence,
geuco or miscouduct of any officer to the boards of alder-cers.
men and common coimcil ; he shall lay before said boards
Shall lay ai- from time to time in ^vliting such alterations in the laws of
terations of '^
laws before the coruoratiou or measures for its good government or in-the
boards, r o o
dons^"^°^^'
'tsrsst as he may deem necessary and proper ; and he shall
cDec. 8, 1853, 1'eccive such salary, not less than two thousand nor more
Sections.) ^hau four thousand dollars annually, which salary shall be
Salary, when fixed by the two boards as soon as practicable after the
municipal election held for said city in December of each
and every year.
S 35. Be it further enacted, That in case of invasion or
1841. .
,. insurrection, or when the peace and security of the city may
In case ofm- '
_
-• '' j J
vasion or in- ^m uixQ it iu the opiniou of the mayor, he shall have power
surrection, J- •> ./ 7 x
"tuut^voi- ^^^ i^ hereby required to call out tlie volunteer companies
unteer force. Qf ^hc city lu itS dcfenSC.
(1844, Sec- K 36 And he it further enacted. That the mayor shall
tion 37.) -^
.
''
.
' -^
^ „ from time to time appoint such a number of watchmen to
Mayor shall ^ ^
watehmen g'^^'^'^ and protect the city as may be designated by the
See §37. "boards of aldennen and common council, and the watch-men
so appointed shall be subject to his control in the dis-charge
of their duties, and may at any time be removed by
moved! him for any misconduct or neglect of duty.
(1858, See- §37. Be it further enacted, That the word watchmen, as
used in section thirty-seven of said Act (last section) shall
watchmen in bo dccmcd aud taken to mean and include all policemen,
and officers connected with the police force of said city, and
Ma-yi^Y®" they shall be appointed by the mayor, but may at any
boards. ^imc bc removcd from office by a joint vote of two-thirds of
bringing them into this State, they must, after the departure of the vessel, bo discliarged
from jail, and warned to leave the State ; the expenses of their arrest and detention to be
paid by the county.
§ 1051.—If they do not depart within ten days after being discharged, or if, having left,
they return to the State, they must on conviction, be punished by confinement in the peni-tentiary
not less tlian two, nor more than five years.
§ 1062.—Fees to the sheriff, three dollars for each free colored person apprehended.
§ 1053.—To the mayor one dollar, for taking and filing of bond, and list of sailors.
§ 1054.—To the jailor same fees as allowed by law for sustenance of prisoners.
CHARTER. 19
the two boards of aldermen and common council, assembled
in joint convention,
§ 38. Be it further enacted, That all ordinances and (I844, sec-resolutions
may originate in either board, but shall be passed '°" '''
, . .
, p c ^ J? J.1 Ordinances
by a majority 01 a quorum 01 each ; a quorum tor tne and resoiu- p,. nil • n -I 1
tions, how
transaction 01 business shall consist 01 not less than a ma- originated
jority of each board ; every ordinance which shall have passed,
been passed by both boards shall be presented to the mayor
for his approval and signature, and if he approves and
signs the same it shall become a law, and if he should not
approve it he shall return it with his objections to the prov^o?
^^'
board from whence it emanated, and at its next regular
meeting, in case of his non-approval or failure to return as how acted
aforesaid, a vote of two-thirds of each board shall make it vetoed."
a law.
§3c
men and common council shall have power to lay taxes on
S 39. Be it further enacted. That the said mayor, alder- (i844, sec-o
J > J > tion 19.)
City may
both the personal and real estate within said city, as well ^^^y t'^^''^-
as a poll tax upon all the inhabitants. That the mayor,
aldermen and common council of the city of Mobile be,
and they are hereby authorized and empowered, by a reso-lution
of each board approved by the mayor, to levy and
collect a tax of ten cents on each one hundred dollars worth tJon^if
^^
of taxable property in the city of Mobile, in addition to May levy
the forty cents now authorized to be collected by law, which Xten cenL
tax of ten cents aforesaid shall be applied to the liquida- years.
tion and payment of the debts other than bond debts and
coupons that may be due by the city of Mobile at the time
of the passage of this Act, until the same are paid, and the
said tax of ten cents shall be levied and collected for four
years only, including the present year. A separate account
of said tax of ten cents shall be kej)t, and there shall be
published each year, a statement of the fund arising there-from,
together with debts to which the same has been
applied, and if in any one year, the money arising from
said extra tax shall be in any manner or degree applied to
any other purpose than is herein provided, the said mayor,
aldermen and common council shall not thereafter have the
power, any longer to levy or collect said tax. Provided,
20 CHARTER.
That the said tax upon the personal and real estate be laid
Assessment -^ pursuance of an assessment and valuation of the said
personal and real estate to be made by some discreet person
By assessor, or persous thereto appointed as assesor or assessors by the
said corporation, which tax shall be laid in the manner fol-lowing,
the said assessment or valuation when completed,
How made. ? .
r J
contaimng all the property as well as the names of the
owners thereof, shall be lodged with the clerk of the cor-poration,
and the mayor, aldermen and common council
shall assess so many cents on the dollar, making no distinc-tion
as to any persons, and which assessment or valuation,
together with the names of the persons liable to taxation,
to^Tojren"to with the tax laid thereon, shall be open for inspection to
''" °' all and every person interested therein, and the said mayor,
Notice to be aldermen and common council shall give ten days' public
notice in some public newspaper printed within the limits
of the city of Mobile, that the said assessment or valuation,
together with the tax laid thereon, is ready for inspection.
Objections. ^^^ ^^ ^^J persou shall be dissatisfied with said assessment
or valuation or tax laid thereon, he shall give notice to the
mayor, aldermen and common council to alter said assess-ment
or valuation, together with the tax assessed thereon,
tionli.) as to them shall seem meet, (witnesses shall be heard on oath
Witnesses to to affix a proper valuation) but their decision shall be final
be heard. n • i • •
as to all questions or objections that may be brought before
them in reference to the said assessment or valuation, and
the tax assessed thereon as aforesaid, and after twenty days
have elapsed from giving the notice that the said valuation
or assessment together with the tax assessed thereon as
aforesaid, are ready for public inspection, the said mayor
wa/rant. shall issuc his Warrant annexed to the tax list to the col-lector
of the corporation, containing a description of the
real estate taxed, together with its valuation and the taxes
assessed thereon, and also the amount of the personal pro-perty
valued or assessed to each person, together with the
tax assessed thereon, and the name of each person liable
to a poll tax and the amount of such poll tax laid.
(1844 Sec- § ^^* ^^ '^^ further enacted, That the taxes on real and
tion 20.) personal property, and all other taxes and dues assessed in
CHARTER. 21
the manner aforesaid and the several assessments, shall have Assessment
the force and eflfect of a judgment at law against the indi- the'pffect'of
vidual assessed with the same. It shall he the duty of the ^ J^'Jg'"'^'^'-
tax collector, after giving thirty days' notice in some public Tax coUeo-newspaper
printed in the city of Mobile, that the city taxes when ules
. . , - , , ,^ are not paid.
(or the particular tax or due as the case may be) are re-quired
to be paid to him on or before a certain day specified,
if the same shall not be paid, to levy on the personal estate ^^^'^^j^
of the individual or corporation assessed, and to sell the
same, or so much thereof as shall be sufficient to pay the
tax assessed, and one dollar to the tax collector for making
the levy and sale, and the sale shall be advertised for the
space of ten days at the mayor's office.
§ 41. Be it further enacted, That the tax law of the (I852, see-city
of Mobile be and the same is so amended that the page e.)
tax collector may sell real or personal property for taxes collector
''
, ^, 11 may sell be-without
the necessity of exhausting the personal property fore ex-before
selling real estate as required by law, either for city peisonai
i. 1/ 7 ^ property.
or special taxes of any kind, and the fees to the collector
for every such sale shall be the same as those specified in
section 22 under the Act of 1844 (this Act.)
§ 42. Be it further enacted, Provided, That no prose- ^j'^^^^^^""
cution, suit, or claim whatever pending or to be brought |^°p^°^';^'j^'
under existing laws, shall in any manner be effected, im- 1^ t^AQt,
paired or altered by the passage of this Act. extsting.°^
5,, § 43. Be it further enacted, That if any real estate shall (is44, sec-be
assessed to unknown owners or to persons who are known,
and the taxes or dues assessed on them shall not be paid per'ty of un-known
ovn\-
and cannot be collected by a levy and sale of personal estate ers, how coi-by
the means provided by the foregoing section (§ 40)
within sixty days from the time when the said taxes or dues
are required to be paid, then the tax collector shall give
notice in some newspaper printed in the city of Mobile, or
by a printed sheet circulated therewith, and also kept for
public inspection at the mayor's office, as shall be deemed
most expedient and least expensive to the city, of the lots
and real estate on which the taxes are unpaid, (describing
the same by such numbers and abbreviations as will indi-
22 CHARTER.
cate the lot to be sold) and that he will at a certain time
and place named in the advertisement proceed to sell such
of the lots and lands, upon which the taxes and dues shall
not be paid, or so much thereof as shall be sufficient to
pay the same, and on the day appointed, or on such day as
he may adjourn the sale, the tax collector shall proceed to
sell any lot on which the taxes and dues shall not be paid,
or so much thereof as will satisfy the tax and one dollar as
a fee for the advertisement and sale and a certificate thereof.
(1844 Sec- K 44. Be it further enacted. That the tax collector shall
tion 22.) " •' '
Form of cer- S^^® ^^ ^^ purchaser at such sale, a certificate to the fol-ll\
Xf lowing effect : " I, , tax collector of the city of Mo-
*^^*- bile, do hereby certify, that the city taxes for the year
18—,
(or the particular tax or assessment, as the case may
be) being due and unpaid on a lot of land in the said city,
bounded and described as follows, (here shall be inserted a
description of the lot by metes and bounds,) I have this
day sold the same (or such undivided fractional part as
he may sell,) to , who has paid the taxes thereon,
amounting to dollars, including my fee of one dollar
for the said sale, advertising, and this certificate, and by
virtue of the authority to me given by law, I authorize
the said , and his assigns to hold the said premises
until the same shall be redeemed according to law. Wit-ness
my hand and seal of the corporation, this day
of , 18—." And the mayor shall cause the seal of the
city to be affixed to the said certificate. The tax collec-tor
is hereby empowered, and it shall be his duty to put the
shall put purchaser in possession of the premises sold to him, within
thirty days after the sealing of the certificate, which shall
be evidence of a right to ^jossess the premises therein
specified, and to retain the possession until the same shall
be redeemed in the manner hereinafter provided.
§ 45. Be it further enacted, That it shall be the duty
of the mayor to cause the clerk of the corporation, or such
keep^eoord othcr pcrsou as may be charged with the duties, to record
each of the said certificates in a well-bound book to be
kept for that purpose, before he shall permit the seal of the
(1844, Sec-tion
23.)
of certifi-cate,
CHAETER. 23
city to be affixed, and no other fees or charges shall be re-ceived
for advertising said certificate, seal and record, than
is prescribed by this Act.
§ 46. Be it further enacted, That any lot thus sold may (i844, sec-be
redeemed within twelve months from the day of sale, by ^"'^
'^
any person claiming title, who will deposit with the trea- ty°^id7o/'^
sm-er of the city of Mobile, for the use of the purchaser, the bVrecieemeti.
amount of the loan and fees so paid, and twenty-five per
cent, on the same ; and thereupon the title created by the
certificate aforesaid shall wholly cease and determine, and
the purchaser and all others claiming under him shall relin-quish
the possession, and shall after notice of the said re-demption
be deemed unlawful and forcible detainers of said
lot, and liable as such to any suit or action at the instance
of any one entitled to the possession, and the said lot may
in like manner be redeemed by any person claiming title deemed.
at any time after twelve months and within five years from cisss, sec-
'^
. .
'' tion 1.)
the time of sale, by paying into the office of the city trea-surer,
as before provided, the amount of the taxes, fees,
and interest thereon, at the rate of twenty-five per cent,
per annum from the day of sale, and on such payment being
made the title created by the certificate shall cease and de-termine
on the first day of November next after the said
payment, and the purchaser and all others claiming under
him shall relinquish the possession, and after notice of the
said redemption shall be deemed unlawful and forcible de- deliver, u> be
tainers, and as such liable to any suit or action at the in- of uniawfJ
„ . -
,
. detainer.
stance oi any one entitled to the possession.
S 47. Be it further enacted, That it shall be the duty (i844, seo-
•^ ^ ... tion 25.)
of the treasurer of the city of Mobile to give any person ^ •^ o J L Form of cer-who
shall redeem any lot sold for taxes, a certificate to the t'fi«"»te to be
•^ ' given by
following effect;—I, , treasurer of the city of Mobile, pJrson'^?e-'°
do hereby certify that , claiming title to a certain <^^«™'"g-lot
in the city of Mobile, known and described as follows,
(here shall be a marked description of the lot by metes
and bounds) has this day paid into my office for the use of
the purchaser, the sum of dollars, being the amount
for which said lot was sold, the fees thereon, and twenty-five
per cent, on the same, (or interest on the same at the
24 CHARTER.
rate of twenty-five per cent, per annum, as the case may-be)
the said lot is therefore redeemed. Witness my hand
and seal at the city of Mobile, this day of , 18—
.
And it shall be the duty of the mayor to cause the seal of
the city to be affixed to the certificate, which shall be re-recoid!
"" corded in the same book as the certificates issued by the tax
collector, and the treasurer shall be entitled to receive a fee
of one dollar for the said certificate.
(1844, Sec- K 48. Be it further enacted, That if the lot so sold shall
tion 26.) <3 '^
_ _
' .
„ 1^ not be redeemed within the period of five years from the
*erf™te'd^^ day of sale, the j)urchaser, his heirs or assigns, may perfect
the title to the lot purchased, by publishing the certificate
issued by the tax collector for the term of three months in
some newspaper printed in the city of Mobile, with the fol-lowing
notice subjoined ;—'' All persons claiming interest
in the above described lot are required to exhibit their
claims by commencing suit against me in the circuit com't
of Mobile county, within six months from the date of this
advertisement, or their claims will be forever barred." And
if no suit is commenced within the said term of six months,
the^title under the certificate shall be complete and perfect;
and if suit is commenced within six months after the pub-lication
of such notice, no damages shall be recovered, nor
shall a writ of possession issue in the event of a recovery,
unless the plaintifi" shall pay the taxes due on the same,
the fees and interest, at the rate of twenty-five per cent, per
annum on the same, and the cost of the advertisement, to
be adjudged by the court, on the suggestion of the de-fendant.
Provided, however, that no estate of any infant,
feme covert, or insane person, shall be barred, if they com-mence
their action within three years after the removal of
their disability to sue.
(1844, Sec- S 49. Be it further enacted. That the certificates afore-tion
27.) • 1 1 n 1 1 • • i n ^ t •
Certificate said sliall be conclusive evidence oi the regularity of all
is conclusive . . ,
o <!
evidence, previous proceedings, and this Act shall be construed as a Act reme- •" •*• '-' '
dial. remedial act.
t?o.f2l.r' § ^^- ^^ '"^ further enacted, Tliat the tax collector shall
^imMbT t»tj charged with and accountable for the whole amount of
aiuhe^'i^'^'^ the assessed taxes for each year, and he shall only discharge
sessment.
CHARTER. 25
himself from such accountability by showing an account of
the entire insolvency of the persons assessed, and by showing ^°^J,^'
that the amount of his account cannot be collected by the
exercise of the means given by the foregoing sections.
§ 51. Be it further enacted^ That such part or portion a8**^gSec-of
the assessed taxes as cannot be collected by the means ^^^^^ ^^^
before stated, shall continue a lien on the property as- ^,°l|fj'=^|'?
sessed until paid, and the tax collector shall be authorized ™^'" ^ ''®"-
from time to time to offer and expose to sale under the fore-going
provisions, such lots as shall not have the tax paid
thereon, and the same certificates shall be given in cases of
any subsequent sale, and similar proceedings shall be had
thereon.
§ 52. Be it further enacted, That if any purchaser of a (i844, sec-lot
under a sale by a tax collector, shall fail or omit to V^l ^^if^l"''
^^
any subsequent tax or assessment, he shall forfeit all right ^'^^'i'^l^gg
under his certificate, and shall be bound to relinquish the ^-'g^"
g^tf
'*
possession ; and if the said lot shall be subsequently sold qufghllTe
for taxes, the person so holding under the first sale shall, FaXgtodo
after notice, be deemed guilty of unlawful and forcible de-beguutyof
tainer, and shall be liable to any suit or action, at the in- detainer,
stance of any person entitled to its possession.
S 53. Be it further enacted^ That the amount of taxes (i844, seo-
. . . .
tion33.)
to be levied and collected under the -provisions of this Act, ,„ ^ Taxes shall
shall at no time exceed the sum of forty cents on each oiiefo°\''^en'is
hundred dollars of the value of the property assessed. °" "'" ^^^^'
§ 54. Be it further enacted, That all and every pur- (peb. nth,
chaser or j)urchasers of lands or interest in lands, conveyed uotfio^""
by the corjjorate authorities of the city of Mobile, for the Rights vest-security
of certain debts, by indenture, bearing date, the purchasers.
sixteenth day of May, A. D. eighteen hundred and forty,
1 n ^ ^ c ^
"^ ' See appen-and
recorded in the office of the clerk of the county court of^ux.
Mobile, book No. 1, pages 284 to 291, inclusive, and his or
their heirs and assigns, shall take and hold the same, with
full power to alien and dispose of the same, freed and dis-charged
of, and from all claim that the State of Alabama
now have, or may acquire, by reason of the alienage of
such purchaser or purchasers, his or theh heirs or assigns.
§ 55. Be it further enacted, That the mayor, alder- ^J^n^)""'
26 CHARTER.
men, and common council of the city of Mobile, may, for
owiKations i]^q payment of the debt now due and owing by said city,
be issued, jgg^g tiig obligations of said city, under its corporate seal,
in sums not less than $100 each, bearing interest at the
rate of five per centum per annum, and redeemable in
twenty years after the date thereof, or at any earlier period,
at the discretion of said corporate authorities.
(1843, Sec- § 56. Be it further enacted, That for the better se-curity
of the holders of the obligations provided by this
tion 3.)
to be raised Act, and for the ultimate payment of the same, a fund of
for security
i t n i m i i
of creditors, not less than ten thousand dollars, to be called the an-nual
fund, and to be annually applied as hereinafter pro-vided,
shall be created and maintained by the corporate
authorities of said city, for which purpose, and for the
annual payment of the interest on the obligations provi-ded
for by this Act, the taxes accruing from the assess-ments
by the said corporate authorities, on the real estate
within the said city, shall be, and are hereby pledged and
appropriated, and said assessments on real estate shall not
be reduced below a rate sufficient to produce the annual
interest, and the annual fund of ten thousand dollars, so
long as the obligations of said city, issued in pursuance
of this Act, or any portion thereof shall remain unpaid :
Provided, the power to tax real estate in said city, shall
not exceed the present rates of taxation.
(1843. Sec- R 57. Be it further enacted. That it shall be the duty
tion 4.) ^ *' ..„,.,.
, . of the collector of taxes of the said city, for the time being
Duty of city '' ' °
tax collector ^q pg^y ovcr, from time to time, as the taxes aforesaid may
be collected, to the Alabama Life Insurance and Trust
Company, so much of the said taxes, as may be sufficient to
pay the interest due on said obligations, according to their
tenor and effect ; and also the said annual fund of ten
thousand dollars, to be applied to the payment of the
principal sum due on said obligations ; and it shall be the
Duty of duty of the said Alabama Life Insurance and Trust Com-
Life insur- pauy, with the consent of said company, or in some other
Trust Com- guitablc placc of deposit, to be selected by the mayor,
aldermen and common council of Mobile, in case said com-pany
shaU refuse to receive it, to accept the taxes so paid
CHARTER. 27
over in trust for, and to be by them applied to the uses and
purposes of this Act ; and after paying the' interest due on
said obligations, the said company shall apply the annual
fund of ten thousand dollars, annually, to the payment in
full of said obligations, according to the numerical succes-sion,
that is, paying the obligation numbered one first, and
so on, until the whole shall be paid in regular numerical
succession.
§ 58. Be itfurther enacted. That the corporate authori- (1843, seo-ties
aforesaid, shall have power to levy and assess a tax not ^ *• "^ May levy-exceeding
one and one-half per centum on the amount of 'a-^-
all auction sales made within the said city, except sales
under judicial proceedings ; guardians', executors', and ad-ministrators'
sales, and sales of property under the pro-visions
of deeds for the security or payment of debt.
§59. Be it further enacted, That the corporate authori- n^s^s, sec-ties
aforesaid shall have power to assess and collect a tax,
^^^ ^^ ^^
not exceeding twenty cents upon every hundred dollars of °°"^'''^''-
property sold upon the wharves of the city of Mobile, or
on ship-board, or otherwise, before the same shall be stored :
Provided, this section shall not be construed to allow any
assessment on cotton, or other staple production, imported
into said city from the interior of the State of Alabama or
Mississippi.
§ 60. Be it further enacted. That the corporate authori- (1843, sec-ties
of the city of Mobile, after the passage of this Act,
shall not be permitted to purchase real estate, or borrow which real
11/. n n estate may
money, or create any new debt for purposes 01 profit, or be sow.)
improvement, without a concurrence of the mayor and
boards of aldermen and common council at their regular
meetings, upon a full attendance of all the members of
both boards, at a time when there shall be no vacancy in
either, and none dissenting to the Act, which facts shall all
appear on the minutes of the corporation, and any contract
made in violation of this Act shall be wholly null and void,
incapable of being ratified or confirmed except in the
manner hereinbefore specified.
§ 61. Be it further enacted, That the corporate authori- ^843^ gg^.
ties aforesaidj shall have authority to assess a tax on any "°" ^'^'^
28 . CHARTER.
public balls, sbows, exhibitions, theatrical entertainments,
^"g^hib^*^" billiard-tables, nine-pin alleys, ten-pin alleys, bowling-tions.
alleys, and any and every other public game, or public
place of amusement, and the amount of taxes pro^'ided for
by this section shall be fixed and determined by the mayor
and the presiding officers of the boards of aldermen and
common council as hereinbefore provided.
(1843, Sec- § 62. Be it further enacted, That at the close of each
municipal year, if any surplus exceeding the sum of five
each year thousaud dollars shall remain in the treasury of said city,
to be paid to j ^ 7
Life'i^i's^ur-
^^^^1' defraying the necessary expenses thereof, the same
Trult'com- shall bc paid over by the mayor of said city, byhiswaiTant
P*"^'- on the treasury of said city, countersigned by the presiding
officers of the boards of aldermen and common council, to
the said Alabama Life Insurance and Trust Company or
other depository selected as aforesaid, to be by them held
and applied in the same manner, as is hereinbefore provided
for the application of the annual fund, that is to say, to
the payment in full of the obligations issued in pursuance
of this Act, in numerical succession.
(1843, Sec- § 63. Be it further enacted, That in case of the default
of the corporate authorities aforesaid, in any of the duties
against cor- prcscribcd by this Act, the court of chancery for Mobile
poration for •"
. . . , . . • ^ •
default. county. Or any court having chancery jurisdiction withm
the county aforesaid, shall be open to all and every of
the holders of the obligations issued in pursuance of this
Act ; and full powers are hereby given to said court, to
enforce the specific performance of the provisions of this
Act, and the said court shall have full jDOwer to appoint
another depository of funds provided for by this Act, when-ever
it shall be made to appear upon the application of the
corporate authorities of the city of Mobile, or of any holder
of bond or bonds, provided for by this Act, that the said
Alabama Life Insurance and Trust Comj^any, or other de-pository
is no longer a proper depository of the said funds.
(1843, Sec- S 64. Be it further enacted. That from and after the
first day of November, A.D., one thousand eight hundred
Prohibitiona •' ^ '
. /> i i t •
after i8t No- and forty-thrcc, and after the issuing of the obligations
vember, 1843 j i o o
provided for by this Act, it shall not be lawful for the cor-
CHARTER. 29
porate authority aforesaid to issue in any assignable form
whatsoever, any bonds, promises to pay, or city orders, or
any form whatsoever of promises to pay, transferable from
hand to hand, nor to enter into any contract for the pay-ment
of money, unless the means for the payment of the
money so contracted to be jmid, shall be specifically jwo-vided
at the time of making such contract.
§ 65. Be it further enacted, That full power and [Js^Si^seo-authority
is hereby given to the corporate authorities afore- p^^^^^ -^^
said to establish such rules and regulations for the collec- d°es!"'°"
°^
tions of the dues, taxes and revenues hereby provided, and
to use all lawful process and proceedings, which they may
deem requisite to enforce the same ; and also to impose such
fine or penalty for the violation of any provision of this
Act, as they may deem requisite, and such fine or penalty
shall be recoverable in the name of the mayor, aldermen
and common council of the city of Mobile, before any tri-bunal
having competent jurisdiction.
§ 6Q. Be it further enacted, That the corporate authori-
[^f^^ij^)'"''
ties of the city of Mobile shall be under no obligation to en- Act how car-force
or carry into effect the provisions of this Act, unless [ett/"'°
®^'
three-fourths in amount of the creditors of said city signify
then- assent to the same, by written communication to the
mayor of said city, by or before the first day of Aj)ril, A. D.
one thousand eight hundred and forty-three. {Tliis laas
done.)
§ 67. Be it further enacted, That after the passage of
this Act, it shall not be lawful for the members of the boards ''"" ^^•>
of aldermen and common council, to make any contract with Restriction.
the corporate authorities, to do any work or perform any
service for the same, nor shall any appropriation be valid
that shall be made for this.
§ 68. Be it further enacted. That in the expenditure of (i843, see-the
funds of the said city derived from taxation, the mayor,
aldermen and common council shall have a proper regard to tionotiunds
the appropriation of the same to the improvement of the
different wards of said city, in proportion to the amount of
taxes jjaid by each ward.
§ 69. Be it further enacted, That the corporate author- jgt's/leo-tion
1.)
30 CHARTER.
ities shall have jDower to levy the same tax on itinerant or
*J^-;('^^j'°' transient merchants who remain in said corporation less
pereons"\o than ono year, as is levied on permanent merchants, which
tent^asTesi^ tax shall be sued and collected at any time the corporate au-thorities
may direct.
(1841, Sec- § 70. Be it further enacted, That in no case shall the
faith of the city be pledged for the payment of money, un-how
pledged less it be a vote of two-thirds of both boards, and the sanc-tion
of the mayor of the city.
i^T^seo*' § '^-'- -^^ itfurther enacted, That the mayor, aldermen and
tion 1.) common council of the city of Mobile, have full power and
pro^riate'^'' 3,uthority to appropriate, in any manner they may deem fit,
moneys.
£^^, ^-^^ ^^^ ^^^ benefit of the city, any moneys received by
them from any source : Provided always, that nothing in
this section contained shall, in any way, affect or repeal, or
operate on any of the provisions of an Act approved 11th
February, 1843, and entitled "An Act to enable the corpo-rate
authorities of the city of Mobile to provide for the se-curity
and payment of the debts of said city, and for other
purposes."
uofiLr' § '''2. Be it further enacted, That it shall be lawful for
Corporation ^^^ Corporation aforesaid to appoint a committee of three
TOmmut'e'e"' pei'sous, who shall give notice of their appointment by ad-vertisement
in some newspaper published in the city of Mo-bile,
and call upon all persons having claims against the
corporation that have not been an-anged under the provi-sions
of an Act entitled " An Act to enable the corporate
authorities of the city of Mobile to provide for the security
and payment of the debts of said city, and for other pur-
Theirduty. posBs," approvcd 11th day of February, 1843, to present
their claims to the said committee on or before a day certain,
to be by them appointed and stated in their said notice ;
and upon the failure of any person having any such claim or
claims to make presentment on or before the time prescribed
in the notice published by the said committee, as in this
section required, such claim or claims shall be forever
barred, and no money shall be had thereon : Provided, that
notice shall be given of the time and place when such present-ment
shall be made, by publication, at least once a week for
CHARTER. 31
the space of two months before the day specified. (This
has been done, and this Act is the authority for bonds issued
according to its provisions, and is therefore here inserted.)
§ 73. Be itfurther enacted. That the corporate author- iglo;!*!
ities of the city of Mobile shall have the authority to assess, '""^ ^"^
and collect from, all persons trading or carrying on any bu- f^^onhutt
siness, trade or profession, within the limits of said city,
"^^^'
(mechanics carrying on their trades or journey-work, except-ed,)
a license tax which shall be assessed in three grades ; the Three grades
amount of the hcense tax of the first grade shall not exceed First grade.
twenty dollars per annum ; the amount of the second grade second.
shall not exceed ten dollars per annum, and the amount of
the third grade shall not exceed five dollars per annum : the Third.
amount of said license taxes shall be fixed by ordinance from
time to time as shall be deemed necessary : and when lesser
rates are assessed, the amount of the several grades shall
bear the same proportion to each other as above. And itD„tyofas-shall
be the duty of the city assessor in assessing the city ^''^^"'''
taxes, to assess under such ordinance, the person subject to
said license tax, according to their true and proper grades
resiDCctively, and according to their best judgment, with a
just regard to the extent, amount, and profits of the trade,
business, or profession of the person so assessed. And no
person shall be required to pay more than one of said grades
in any one year ; nor shall any person engaged in the retail
trade only, be considered subject to any license tax, other
than one of the third grade ; nor shall more than one license
tax under this Act, be assessed against the partners of any
firm trading or caiTying on any business of said firm where
the firm is assessed ; And provided, that nothing in this to extendto
Act shall be construed to apply to or afiect licenses granted retl" ers, &c.
or which may be granted to retailers of liquor, keepers of
taverns, billiard-tables, nine or ten-pin alleys, circus or other
theatrical exhibitions for public amusement ; nor shall any
tax assessed or paid on real or personal property by any
party, operate as an exemption from such license tax as
herein provided ; and all the provisions of the statutes here-tofore
passed conflicting with the provisions of this section,
are hereby repealed.
32 CHAETER.
(1845, Sec- § 74. Be it further enacted, That iu all cases in which
assessors for city taxes for the city of Mobile, are or shall he
Assessment
shall be lor authorizccl by law to assess the value of real or personal es-cash
valua- ... ''°°- tate in said city, the only rule of appraisement shall be the
cash value of the property so assessed, and the assessor or
^faiiTIL assessors shall in all such cases of assessment make oath or
oath thereof, affirmation before the mayor of said city, or some lawfully
qualified justice of the peace, that he or they, the said
assesso' or assessors, have valued and set in the tax list the
property so assessed by him or them, according to their best
judgment, at its value in money, at the time of the assess-ment,
which oath or affirmation shall be written at the end
of every such assessment list, and shall be subscribed by
each and every assessor making such assessment.
(1853, Sec- § 75. Be it further enacted, That it shall be lawful for
the mayor, aldermen, and common council of the city of
Powers of .
"^ ^
' ''
mayor, &g. Mobilc, to pavc, shcll, Or plank any street or streets, part or
shell ''oT^' P^^^s of ^ street within the limits of said city, upon the
street
"^"^ written aj)plication of the owners of at least two-thirds in
quantity of the real estate located on each side of the street
How made.
^^ gtrects, part or parts of a street, which it may be j)i"oposed
to have thus improved, which said jjaving, shelling, or plank-ing,
shall be done at the expense of the owners of the pro-perty
located upon any street or part of a street so imj^roved,
in such a proportion as that each piece of said property
shall pay of the expense of any such imjorovement, a frac-tional
share thereof, equal to its front on any such street or
parts of a street so improved ; and after such improvement
is complete, for the purpose of ascertaining the proportion
of said expenses to be paid by the owners of such property,
ma^or^lnd ^^ is hereby made the duty of the city surveyor and the
veyor?*^' mayor of said city to certify in wi'iting, the proper
amount due from each owner or piece of property whose own-er
is unknown, to the tax collector of said city, which
amounts so certified shall respectively be levied on each
piece of said ^jroperty, and shall be collected by said corpo-ration
in like manner as the taxes on real estate are author-ized
to be collected under the j^rovisions of the charter of
said city, enacted in the year 1844 ; and when so collected,
CHARTER. 33
the said tax collector shall pay the same to the city trea-surer.
§ 76. Be it further enacted, That the said corporation tJon'lf'"''
shall have full power and authority to purchase and pro- provide for
vide for payment of the same, all such real estate as may p^^'"^" ^'
from time to time be deemed necessary and proper for the
purpose of establishing markets and market houses within
the limits of said corporation.
§ 77. Be it further enacted, That in order to change (I854, seo-the
present system of wharfage in the city of Mobile, and '"" '^
to substitute dockage charges on vessels in lieu of charges nTa^or^nd
-, - 11*1 Ti 1 aldermen as
on produce and merchandise, the mayor, aldermen and to wharves.
common council of the city of Mobile shall have power and
authority to obtain, by contract, the property in or the con-trol
of the wharves and wharf property of the city of
Mobile, so far as the same may be practicable, and shall
have power, if necessary, to issue city bonds for purchase
money for the same not having more than four years to run,
and not bearing a rate of interest exceeding six per cent.
per annum, which bonds and interest shall be paid out of
said property and its proceeds, and no other property of
the city shall be taxed for the payment of said bonds, or in-terest
on the same.
§ 78. Be it further enacted, That in order to accomplish (1854. seo-said
purpose, if found practicable the said corporation of "°" '''
Mobile shall be authorized to appoint, in such mode and pornter
^''
manner as it may provide, a board of trustees, who shall
be charged, under the control and supervision of said cor-poration,
with the can-ying into effect of said wharf arrange-ment,
with power to purchase, contract for, arrange and
compromise in the name and behalf of the city with all
owners of wharves and wharf property, and to make all
suitable agreements to accomplish the object aforesaid so
far as the same may be found practicable and expedient,
under such ordinances and regulations as said corporation
may from time to time prescribe.
§ 79. Be it further enacted. That the said board of (IS54, sec-trustees
shall be placed in charge of all such projjerty as '"" '''
may be acquired, or the control of which iray be obtained
34 CHARTER.
(1854, Sec-tion
4.)
May raise
revenue.
under tlie' authority of this Act, to be managed, regulated
and controlled by them, to be improved, kept in repair and
disposed of as they shall think best, and as shall l:>e pro-vided
by the city ordinances ; and all revenues to be raised
therefrom shall be applied by said board to pay all expenses,
improvements and repairs, and from the same they shall
pay all interest on such city bonds as shall be issued under
the authority of this Act, and they shall provide also out
of the same a sinking fund for the payment of the principal
of said bonds.
§ 80. Be it further enacted, That said board of trustees
shall have power to raise a revenue from such wharves and
docks as may be under the control of the said corporation,
by establishing and collecting a rate of dockage and wharf
charges to be paid by all ships, vessels, steamboats, steam-ships
and crafts of all description trading to, at and from
the port of Mobile, the bay of Mobile, and the rivers and
streams emptying into the same, all of which shall be sanc-tioned
by proper ordinances of said city.
§ 81. Be it further enacted, That said board of trustees
shall have power to appoint a proper person as superintend-ent
of wharves, whose duty it shall be to collect and pay
out all moneys under the control of said board, to keep said
wharves and docks in repair, and attend generally to the
execution of the acts of said trustees ; said superintendent
shall give bond, payable to the mayor of the city of Mobile,
in the penal sum of fifty thousand dollars, conditioned for
the faithful discharge of the duties of his office ; the said
board of trustees shall also appoint all such clerks and
agents as may be needed, the compensation of all of which,
as well as that of the superintendent, shall be fixed by the
corporate authorities; said board shall make return in detail
of all its accounts and transactions to the mayor of the
city as often as required, not less than once in each year,
and in all things be subject to the control of the corporate
authorities of said city.
§ 82. Be it further enacted. That in order to enable the
corporate authorities of the city of Mobile to carry into
full effect the arrangement contemplated in this Act, said
(1854, Sec-tion
5.)
Appoint-ment
of su-perintendent
Board to re-port
to the
mayor.
(1854. Sec-tion
6.)
Special tax.
CHARTER. 35
corporate authorities shall have power to levy a special tax
on the real estate in the city not exceeding the rate of one-tenth
of one per cent., which tax shall he collected by the
city tax collector, under such powers, rules and regulations
as are provided by law for the collection of other city taxes
on real estate, and paid over by him as fast as collected to
the trustees aforesaid ; and it shall be the duty of the said
trustees to appropriate the money thus received to the
building of wharves over such slips as are now or may
hereafter become the property of the city, or in the con-struction
of a levee or levees, under such regulations and
upon such plans as may be prescribed by the city authori-ties
; and in no case or event shall the money thus collected
be appropriated to any other use or purpose whatever.
§ 83. Be it further enacted, That the financial year shall (iggg, sg,.-
commence on the fourth Monday in March. '^°" ^'^
§ 84. Be it further enacted, That the mayor and alder- (jsn. 1832,
men of the city of Mobile shall, at the first meeting of their
"^^ '°" '''
board to be holden after the first day of February, 1832. aidcTmento
and at the first meeting thereof in each subsequent year, committee
1 • o ^ • r HIT -\ -\ ^
ofmechanics
appoint four master mechanics 01 the city 01 Mobile, to be
measurers and estimators of work ; and the said four shall
be called the committee of master mechanics of the city of
Mobile.
§ 85. Be it further enacted, That whenever any difi'er- cisss soc-ence
arises between persons interested in any work done to , ,.„
-1- 'Auinerence
or on any building within the city of Mobile, concerning ^""rrto'bf
said work, whether the same be as to quantity or quality of t[;g"o^^^.'°
the work, the said difierence shall be, at the suggestion of '"'*'®^"
either of the parties interested, referred to the said com-^
mittee of master mechanics, in manner and form herein-after
provided.
§ 86. Be it further enacted, That any person or persons (isa2, sec-wishing
to avail him or themselves of the privileges of this '"" '•*
Act, shall give notice in writing to the said committee, that ceedmg.''™
a difference has arisen between himself and another or
others, touching the quantity of work done, or the quality
thereof^ (as the case may be) on any building or buildings,
(describing the same) whereupon it shall be the duty of the
36 CHARTER.
said committee, or a majority thereof, to give private notice
in writing to all parties interested, if the same be practic-able,
and if not practicable, public notice in a newspaper
printed in the city of Mobile, that they intend, at a certain
time and place to be mentioned in said notice, the time
being not less than two nor more than ten days from the
service or appearance of said notice, to proceed to measure
the quantity, or estimate the quality, (as the case may be)
of such work : and at the same time and place so apjDointed,
the said committee, or a majority thereof, shall proceed to
measure and estimate as aforesaid, and shall thereupon give
to the party at whose instance the same was done, and to
such others as may require it, a certificate setting forth
their doings in the premises ; and the said certificate, under
the projjer hands and seals of the said committee, or a
majority thereof, shall be held and deemed in any court in
this State, evidence as to the quantity or quality of the
work in question, and also as to any notice required by this
Act : Provided, that nothing contained in this Act shall
prevent any person who may feel himself aggrieved by any
such survey, from his right of appeal.
§ 87. Be it further enacted, That with regard to the
quality of any work done as aforesaid, the said committee
shall, when it shall seem to them, or a majority of them,
that the same has not been done in a workmanlike manner,
barely certify the per centage that shall be deducted in
consequence thereof.
§ 88. Be it further enacted, That any vacancy or vacan-cies
which may occur, by death, resignation, absence or
removal, shall be supplied by the mayor and aldermen
aforesaid, and that a continued absence of sixty days from
the city of Mobile, shall forfeit membershiji, which absence
shall be certified to the clerk of the city of Mobile.
§ 89. Be it further enacted. That the said committee
shall be entitled to such compensation as the mayor and
aldermen shall, from time to time, establish by ordinance,
which compensation the parties interested in said work shall
pay, share and share alike.
§ 90. Be it further enacted, That all suits brought by
(1832, Sec-tion
4.)
Work not
faithluUy
done.
(1832. Sec-tion
5.)
Vacancies,
how filled.
(1832, Sec-tion
6.)
Compensa-tion.
(1832, Sec-tion
7.)
CHARTER. 37
said committee for the recovery of fees, shall be in the name Recovery of
of the committee of mechanics of Mobile.
§ 91. Be it further enacted, That every member of said <i832, seo-committee
shall, before he enters upon the discharge of the ^ , , ^ ' -
_
~
Oath of office
duties of his office, take and subscribe an oath, faithfully
and impartially to discharge the duties of his office so long
as he may continue therein, which oath shall be filed in the
office of the clerk of the city of Mobile.
§ 92. Be it further enacted, That the mayor, aldermen a^^^. sec-and
common council of said city shall have power and au- *'°" ^'^
thority concurrent with the probate court and overseers of aidJrme^" to
the poor of this State, to provide for the indigent, lame, rent power
-, . .., , • ^ • 'with county
blind, and others not able to mamtam themselves withm court in re-
_ fer&nce to
said city, and also to bind out as apprentices, such orphans ^e poor, &c.
and poor children within the limits of said city, as in the
opinion of the said mayor, aldermen, and common council,
may require it, in the same manner and under the same re-gulations
as the probate court and overseers of the poor
now do, and require from the masters of such persons, that
they engage in a covenant entered into with the said
mayor, aldermen and commozi council, that they will provide
for such apprentices such food, clothing, instruction, and
education as the said mayor, aldermen and common council
may require; the same to be specified in such covenant.
§ 93. Be it further enacted, That the said mayor, alder- (1844, sec-men
and common council shall have power to lay a poll 11 '
Poll tax of
tax of not exceeding two dollars on each and every passen- $2 on every
. , n . . passenger.
ger arriving at or coming to the port of Mobile from any
foreign State or kingdom, in or on board any vessel, steam-boat,
or other water-craft, except such as are employed on
any of the rivers leading to the port of Mobile ; which poll
tax shall be collected and paid into the city treasury, for
the use of the city hospital.'''
* § 864.—Every master of any vessel coming from any port or place out of this State (except j^jg(. ^^ g^g-^
New Orlear s) at the port of Mobile, who is by any law of the United States, required to enter and passen-
Buoh arrival at the custom house, must, within one day after such arrival, deliver at the person entry
mayor's office, on oath, a correct list of every person who arrived in such vessel, first stating given and
the names of the officers and crew, the names of each passenger, the color and sex of each sworn to.
person, and if they are free, or slaves.
§ 865.—The oath required by the preceding section may be administered by the mayor, or idem,
other person authorized, for which he is entitled to a fee of twenty-five cents.
38 CHARTER,
(Feb.is54, S 94. Be it furtTiev enacted, That there shall be ap-pointed
by the mayor, the collector of the port, and the pre-sident
of the common council of the city of Mobile, on the
fii-st Monday in November of each year, three persons who
fnJ.'h^wtp- ^^^^^ l>e denominated port wardens, one of whom shall be
pointed. designated as, and shall serve as harbor master, all of whom
shall devote their whole time to the discharge of the duties
required of them by this Act ; and for any refusal or ne-glect
thereof, or for improper conduct in their discharge, the
said mayor, the collector of the port and president of the
common council, are hereby authorized to remove them one
or all, and to appoint others in their stead.
(1854 Sec- § ^^- ^^ '^^ further enacted, That the said harbor mas-tion
2.) ^gp r^T^^ wardens shall have an office in the city of Mobile,
fe'cOTds!"^ in which shall be kept for the inspection of all persons
therein interested, in a book or books to be provided for the
purpose, a full and complete record of all their official acts.
(1854^ Sec- § 96. Be it further enacted, That it shall be the duty of
the harbor master to regulate and station all shi]is and ves-
Dutyofhar- . . . , . , ,. , ,- i • ,- nir
bor master scls amviug withiu tlic corporatc limits 01 the citv oi Mo-to
regulate .
_ . ,
-"
, -
ships, boats, bile, and from time to time to remove such shius or vessels
&c. ' ... . . ^ .
as are not employed in receiving or discharging their cargoes
to make room for such others as require to be moored imme-diately—
accommodated for the purpose of receiving or dis-charging
cargo ; and as to the fact of their being fairly and
hona-fide employed in receiving or discharging cargo, the
said harbor master is hereby constituted sole judge ; and
the said harbor master shall have authority to require mas-ters
and others having charge of ships and vessels made fast
thefripars. to any of the wharves, to so adjust their spars that they will
not interfere with other vessels or project over any of the
streets in said city, and shall also have authority to deter-mine
how far and in what instances it is the duty of mas-ters
and others having charge of ships and vessels, to accom-modate
each other in their respective situations ; and if any
Li t \ here ^ 8C6.—The clerk of the city of Mobile must file in his office ,%11 such lists, for the inspeo-filctl.
tinn of any citizen of the United States, on paying a fee of ten cents.
§ 867.—The master of any such vessel arriving in tho port of Mobile, failing to make out
foihire^to '"^"'^ deliver the list of his officers, crew, and passengers, as, and within tho time required by
give list. this article, forfeits the sum of two hundred dollars ; one half to the use of the person
suing for the same, the other to the use of the city of Mobile.
CHARTER. 39
master or other person having charge of any ship or vessel,
shall resist or opjDOse the harbor master in the execution of faffing wTe-the
duties of his office, such master or other person shall obeyf
°
forfeit and pay for every such offense the sum of fifty dollars,
to be recovered, with costs of suit, in the name of the master
and wardens of the port of Mobile, before any court having
coo;nizance thereof, and all of such fines shall be paid into *^ ^ -^ ^In case or
the treasilrv of the city of Mobile, for the use of the poor si^i^'ness or
•J <! ^ J- absence ol
of said city ; and the said harbor master, in case of sick-
|e^/'^°ne"Sr'
ness or temporary absence, shall have power to appoint one ^(fj^'*''"^
'°
of the wardens his deputy, who shall be invested with all the
powers conferred by this Act on the harbor master.
§ 97. Be it further enacted, That it shall be the duty of tion
4.)^''"
the s.aid.har.bor master and wardens, or any one of them, on Duties of , 1 c 1 • harbor mas-application
being made to them lor the purpose, to mspect ter and war-and
be present at the opening of the hatches of all vessels present at
. . . . . . opening
arrivin~g within the corporate limits of the city of Mobile, iiatcnes, J- ^ J survey, in-and
to survey the storage of their cargoes ; and in making ^^^fji^i^g'
record as aforesaid of such inspection of hatches, they shall ^^'^°^^ °^-
state whether they were properly covered and secured,
and of cargo, they shall designate every package of mer-chandise
surveyed by marks and numbers, and if such
package or packages have appearances of being damaged,
they shall state how such package appeared to have received
damage.
§ 98. Be it further enacted, That it shall be the duty of (i854 see-the
said harbor master and wardens, or any two of them, ^^ .^^ ^^^
when applied to for that purpose, to inspect all damaged merchawilse
cotton or other merchandise arriving in the city of Mobile, ^^ j^^tg^^j
and to attend and direct the sale thereof at public auction, ^"le oTa'am-if
in their opinion the damage thereto is sufficient to justify &^" at Tuc-its
sale, and the owner or consignee thereof orders it sold
'°°"
under their direction, and to give a certificate of such sur- certificate,
vey, and of the correctness of the sales under their hands
and official seal : Provided, That they shall direct and
certify no sale of damaged cotton or other merchandise at ,„ ^ •'<-', 48 hours no-public
auction, unless forty-eight hours' notice of the time ^^^^^'^
'^^
and place of such sale or sales has been given in one of the
newspapers of the city of Mobile. ^ ,,^^.. !,».•".'^
40 CHARTER.
(1854, SCO- S 99. Be it furtlier enacted. That the said harbor master
Hon 6.)
"^ ''
^ '
To surve • ^^^ warclens, or any two of them, when called upon by the
empfdv car-
^^^stev, ownei', OP consiguee to survey any ship or vessel,
per to'do''so"
^^^^^^ ^Q'^Q power to cmploy a carpenter or carpenters to
also laborers ^^^^ ,.|^g ceiHug, strip the sheathing, bore the timbers, and
perform such other work as shall be necessary, to enable
them to make a correct survey, and to employ laborers to
move, open, cooper, or otherwise an-ange cotton or other
merchandise they may survey, the expense of all which
At the ex- ini-iii pense of shall DC paid by the owner, master, or consignee of such
owner. , .
'
.
°
ships or vessels, or cotton, or other merchandise.
(1854, Sec- § 100. Be it furtlier enacted, That for the survey to be
''°" '•* performed by the said harbor master and port wardens, by
virtue of this Act, there shall be paid by the owner, master,
or consignee of any vessel or cargo, the following fees, to wit
:
For every ship or vessel that may come within the corpo-
Fees for sur- rate limits of the city of Mobile, and load, discharo;e, or
vey. , , "^ .' ' '^ '
make fast to any of the wharves in said city, at and after
the rate of three cents per ton, to be computed upon the
tonnage expressed in the register on enrollment of such ship
or vessel ; for every survey of the hatches, or of the stowage
of the cargo of any ship or vessel, three dollars ; for every
survey of damaged cotton, or other merchandise, ten dol-lars
; for every survey for any ship or vessel, ten dollars ;
and for attending directing, and certifying the sales of
Tor sales and damaged cotton, or other merchandise, as required bv this
certificate. ° '
, .
Act, they shall be entitled to the following compensation,
to wit : On sums of two hundred dollars and under, five
per cent. ; over two hundred, and not exceeding five hun-dred
dollars, two j)er cent. ; over five hundred and not
exceeding one thousand dollars, one per cent. ; and over one
thousand dollars, one quarter of one per cent. : Provided,
Proviso. That the foregoing charge of three cents jjer ton shall not
be paid on flat boats, and that it shall not be required more
than once in each year from packets and regular traders
between New Orleans and Mobile, and Pensacola and Mo-bile,
and American steamers engaged as regular jjackets to
Mobile, and from steamboats and barges employed on the
rivers that flow into Mobile bay.
CHARTER. 41
§ 101. Be it further enacted, That all the revenues (i848, seo-arising
to the harbor master and wardens for the services
'°" '*
required of them by this Act, shall constitute one fund, of revenue"
out of which shall be paid first, all their office expenses,
then there shall be paid to the harbor master the sum of
five hundred dollars : the residue of said fund shall be
divided equally between the said harbor master and ward-ens,
one-third to each.
§ 102. Be it further enacted, That no person acting as
ti'^^'.^^^'''
agent or insjDector of any insurance company, or any owner Quaufioa-or
consignee of any ship or vessel, or any person employed ''°°'
by the owner, master or consignee of any ship or vessel, for
any purpose in connection with ships or vessels, except as
provided by this Act, or any person who furnishes supplies,
or materials of any description to any ship or vessel, or any
person having any direct or indirect interest in the business
of auctioneer, shall be appointed a harbor master or port
warden.
§ 103. Be it further enacted, That the harbor master ^^^o^gs^^"""
and wardens of the port of Mobile be, and they are hereby ^his is quai-authorized
to point out and direct where ballast shall be o^he cotfe^.^
discharged in or about the bay of Mobile, and that the Harbor mas-master
or officer of any vessel or other person who may violate reetThere
such direction after the -same shall have been given or pub- be placed.
lished, and discharge the same at any other than the place
or places pointed out as aforesaid, shall forfeit and pay the Penalty,
sum of five hundred dollars for every such offense, with
costs, to be recovered before any court having competent
jurisdiction, at the suit of the harbor master, one-half of
which shall be paid to the person or persons giving infor-mation
of the same, and the other half to the use of the
city of Mobile.'*
§ 891.—No steamboat must carry freight or passengers on any of the navigable waters
go^fg jg jjg
of this State emptying into the bay of Mobile, without having undergone a thorough sur- examined
vey and examination by the board, harbor master, and wardens of the port of Mobile, and "-"^ ^"Z^^^j
such board are required to make such survey and examination as often as may be neces-sary,
but at least once in each year.
5 892.—If, on such survey and examination, such boat is found to be well provided in hull Certificate,
and machinery, and in all respects well found, and river-worthy, for at least one year there- " river-after,
such board must grant a certificate thereof, and enter the same of record in the port
warden's office.
§ 893.—If any boat carries freight; or passengers on such waters, without first obtaining
42 CHARTER.
(1844, Sec- S 104. Be it further enacted. That all negroes that are
tioii36.) -Ill •
or may he hrouojht or sent within the limits of the city, hy
Negroes for "^ ° J ^ J
tohe'"^^" ^^^ person or persons whatsoever, for sale or hire, shall he
de?k'ioffioe
^^-^y registered in a book kept for that purpose in the clerk's
office of said city, and the mayor, aldermen and common
mg o^r'hiring coiincil shall have power to regnlate and prescribe the man-iiuld!^"
ner and places of selling or hiring such slaves, and the
manner and places of exhibiting same for sale or hire.
(1844, Sec- § 105. Be it furtlier enacted, That the boards of mayor,
aldermen and common council shall have power to require
May require , „ . . .
fencing and thc fcucmg Or inclosiug any vacant lot within the limits of
inclosing '-' o ^
Lots to be
^^® ^^^y ' *° require lots to be cleansed and cleared of all
and cleared
^uch nuisauccs as to the said boards may seem necessary to
since"."'' ^6 removed ; to require sidewalks to be made fronting any
How where
owner is un^
known.
Jidewafk™ lo^s witliin the corporate limits ; and in every instance
where no owner or agent can be found, to make such cleans-ing
and improvements, or in case of the refusal or neglect
How en- of the owncrs or agents to comjjly with the orders of the
owner fails authority aforcsaid, then the said boards may cause the
to act. '' ' ''
same to be done, and let out such lot or lots for such term
, of time as will cover the expenses incurred in so cleansing
or improving any such lots, having first given ten days'
public notice thereof in one of the newspapers published in
the city of Mobile.
(1844 Sec- § ^^^- ^^ *^ further enacted, That the mayor, aldermen
tion 39.) g^Q^i common council shall have full power and authority to
may befegu- pi'ohibit and prevent the erection and construction of all
lated. kind of wooden or other buildings, except those erected or
Penalty for such certiiicate, and renewing the same as often as nnco in twelve months, the master and
acting with- owners of such boat are jointly, and severally, liable for all damages to properly shipped
out certifa- thereon, from any cause, or accident to the hull, machinery, or otherwise, and in all suits
cate. , .
for damages under this section, the burthen of proof rests on such master, or owners, and
the certificate of the board of such harbor master, and wardens, is evidence of the trans-actions
of such board.
§ 894.— Any three of such harbor masters and wardens are surveyors of damaged property
olMama'ffB
l"'°"Sht into the port of Mobile, on any steamboat, vessel, or other water-craft, and must,
on goods upon every such survey, certify, under their hands, the amount of damages which any
brought into owner, or shipper of such property has sustained, ami cause entries thereof to be made in
P a book to be kept in the port warden's office for that purpose ; which surveys and certificates,
or certified copies thereof from such book, are evidence in any court of this Slate.
§895.—For each survey, and examination of any boat made under this article, and for cn-
I master '^ri^S 'he same of record, and giving a certificate thereof, such harbor master and port
and port wardens are entitled to a fee of five dollars, for each additional certificate, one dollar, for
wardens. each survey of damaged property, to three dollars a day each, for giving certificate and
making entries, one dollar, and for giving a, certified copy of sucli survey, one dollar.
CHARTER. 43
constructed of brick or stone and covered with slate or
metal, and within such limits as they may deem best for
the safety of the city.
§ 107. Be it further enacted, That if any person or per- ^^^'^qT'
sons shall either directly or indirectly build or cause to be ^^g p^^ day
built, or shall knowingly suffer or permit any wooden or ^f^iaUng""^
other building or buildings, except as aforesaid, to be erected,
built or put upon his or her or their lot or lots within such
limits and boundaries as may be designated by the said
board of mayor, aldermen and common council ; such per-son
or persons so offending against the provisions of this
Act shall for each and every day he, she or they shall con-tinue
so to offend, forfeit and pay the sum of fifteen dol-lars,
to be recovered before the mayor or any one of the
aldermen or common council of said city.
5 108. Be it further enacted, That the mayor, aldermen (ism- sec-
<J -^
_ _
'
_ .
tion41.)
and common council for the time being~,' and their successors W„ooa,en or
in office, shall be fullj^ authorized and empowered to re-
•'ngfe'^rected
move such wooden or other buildings as have been erected mayVe^^e-since
the first day of January, in the year of our Lord "'°^'^'^'
eighteen hundred and twenty-nine except those constructed
of brick or stone, as have been or may be erected, built or
put up within the limits to be deferred as aforesaid by said
corporation, which removal shall be at the expense of the
city : Provided always. That the said mayor, aldermen Proviso,
''
. .
should be
and common council be of opinion that the protection of necessary,
said city and its safety and security from fire will be in-creased
by the removal of said wooden or other buildings ;
and provided also, that they first pay to the owner or
owners thereof such equitable compensation in damages as ^^^ equita-a
jury of freeholders in said city, to be summoned and sidonhlu'
sworn as in other cases by the mayor for the time being, '^ "^'^ ^'
shall be of opinion that he, she or they may sustain thereby.
S 109. Be it fiLrther enacted. That for any default of (i844, seo-
"^ ''
,
' '' tion42.)
attendance of any iuror who may be drawn and summoned
, / 'J
.
•'
,
Defaultin=r
under the provisions of this Act, such iuror shall and may i^roj, how
J- -7 J o punished.
be fined by the mayor or any one of the aldermen or com-mon
council in a sum not exceeding twenty dollars : Pro-vided,
that a reasonable excuse made on oath by such^e^a^d!
44 CHARTER.
defaulting juror, shall exempt him from the payment
thereof.
(1844 seo- K 110. Be it further enacted. That all physicians who
Hon 43.) •J'
^ ^ ' ^ •'
„ . . may be appointed by the said mayor, aldermen and common Physicians j i. r j j 7
shau'enibrce couucil, to cany iuto effcct their ordinances in reference to
nanoes."'^'^^' the preservation of health in the city of Mobile, shall be
obliged to give their opinions in wi-iting when thereto
requested by the said mayor, aldeiTnen and common coun-cil,
touching any contagious or malignant fevers jirevailing
within the limits of said city of Mobile, or any disease,
matter or thing which affects the health or lives of the
inhabitants of said city.'-"'
(1844 Seo- S 111. Be it further enacted. That the said mayor, or
tion 44.) "^ •'_ '
.
-, , either of- the said aldermen or common councilmen shall
Mayor &o.
procesfun- i^suc his proccss as a justice of the peace for the city of
fcoVafa"^"'' Mobile, for offfenses committed under this Act, and for a
i^eaie!"^'^" broach of all or any of the by-laws, or ordinances of the said
Directed to corporatiou, to the marshal or any one of the police consta-po
ice o car
^-|^^^ appointed by the said corporation, who shall bring the
offenders in pursuance of the said process, before the said
mayor, or the alderman or common councilman aforesaid;
Mayor &c. and the said mayor, the alderman or the common council-shall
try. '' '
man who may have issued the process, shall proceed to try
the offenders, and examine all witnesses that may appear or
be subpoenaed before him, both on the part of the corpora-menl^"'^"
tiou and on the part of the delinquents, and give judgment
as to him shall appear just and legal ; and if the said per-son
or persons who may be brought before the said mayor,
alderman or common councilman, shall be dissatisfied
with the decision of the said mayor, alderman or common
Appeal, how . pi-i i
taken. counciiman, he, she or they may forthwith appeal to
the circuit or city court of Mobile county, in all cases
where the judgment shall exceed twenty dollars, and
the said person or persons shall give a bond, with good
and sufficient security, to pay and satisfy the judgment,
with costs, in case the judgment of the said mayor, alder-man
or common councilman shall be affirmed by the said
* Members of the Mobile medical society are required to observe such ordinances. Act
December ^Ist, 1841, section 6.
CHARTER. 45
circuit or city court, and the proceedings tliereon shall be
as are prescribed by law in other cases of appeal.
S 112. Be it further enacted. That from and after thepeb-i852,
J
_
•' '
_ _
Section 10.)
passage of this Act, all fines and forfeitures adjudged or
^j^^^ ^^
assessed against any white person or persons, or free person forJ^d by"x-or
persons of color, by the mayor or any one of the aldermen Ileitis bt
or councilmen of said city, under or by virtue of any statute oTThi^peace.
of this State, or of any proper ordinance of said city, may be
enforced and collected against any such person or persons by
execution to be issued by the clerk of said corporation, and to
be directed to and executed by any marshal, deputy marshal,
captain or lieutenant of the guard of said city ; which said
execution shall in all respects, except in the direction thereof
as aforesaid, conform to and be governed by, and be executed
by the said officers to whom the same is to be directed, in
the same manner as is required by the laws regulating exe-cutions
issued by justices of the peace of this State.
§ 113. Be it further enacted, That the said corporation (^i^^^^g^^"-
be, and they are hereby authorized to cause a complete and gurvey of
accurate survey to be made of the said city, agreeably to gx-bo^undl"
the courses and limits prescribed in this Act, and to estab- umits?'^
lish and fix from time to time, permanent boundaries at
such places as they may deem necessary and proper for per-petuating
the boundaries of said city ; and to cause the city into
1 • 1 T • • IP 1 squares.
squares, into which the city now is or hereaiter may be
divided, to be numbered, beginning at such point as the
said corporation may designate, and progressing with the
same in the manner they may direct, and also to cause the
front and depth of each lot so numbered to be measured ^°'^
and specified on the survey of the said city, and after the
said survey shall have been so made and approved by the
corporation, the same shall be admitted to record in the to be re-office
of the clerk of the probate court of Mobile county, or
in such office as at the time of completing said survey shall
or may by law be appointed for recording deeds.
§ 114. Be it further enacted, That it shall not be lawful (i844, sec-for
the mayor, aldermen and common council of the city of
. New streets
Mobile to make any new streets, or to make any alteration, "r aitera-improvement
or repairs of any already made, of which the
46 CHARTER.
Improve- wliole cost and expenses sliall exceed five hundred dollars,
merits &.C. "f , , .
streets, oyer unless upon the wi'ittcn ajjplication of the owners, of at
TclTtion b^
^^^^^ one-fourth in quantity of the property through or over
hoMersof at which such uew street, alteration, improvement or repairs
foufthlnter- ^^6 desired to be made ; and it shall be the duty of the
Notice to be ^^ayor to give notice of such application for thirty days, in
j^ctiois.'
°^' the newspapers of Mobile, or some one of them, in order
that persons interested therein may signify their objections
If objections to the Same, and if after the expiration of such notice the
board of aldermen and common council ordain the making
alterations, improvements or repairs of such street, it shall
be at the expense of those benefited by the same ; and it
Jury to be shall be the duty of the mayor to impannel a iuit of twelve
impanneled '' *' * o j
to assess, freeholders of the city of Mobile, who shall assess the pro-perty
benefited by and adjacent to the proposed new street,
alteration, improvement, or amendment, the fractional part
of the whole sum paid or expended, or directed by ordi-
Asaessment naucc to be paid or expended, which assessment shall be a
a hen, how.
]jgjj qj^ ^\^q property, and collected by the said corporation
in like manner as the taxes on real estate are collected
under the provisions of this Act ; and if the new street,
alteration, improvement or repairs shall be requested by the
owners of one-fourth part of the property, in manner afore-said,
and the same shall be made by reason of any ordinance
When own- of the Corporation, the several parties benefited as afore-contribute.
gaid, shall be comj)elled to contribute to the expense of
making the same, although the forms prescribed by this
section may not have been strictly comjilied with, and the
request and ordinance shall alone be deemed essential to
Proviso, create the claim for contribution : Provided, that the street
streeTtobT Called and known by the name of Government street shall
^* '^ ^ be, and is hereby declared to be one hundred feet wide, and
it shall be the duty of the said cori)oration to designate and
Northern distinctly mark out the northern limits of said street accord-limits.
asun- . ^ ch •
derspanisii ing as tho samc were established by the Spanish govern-government,
'-' ./ ± o
to be marked meut, as nearly as can be ascertained by the Sjianish records,
by the records of the land ofiice, or by any other evidence
which they may deem necessary or satisfactory ; and the
limits, when so ascertained, marked out and designated,
shall be the permanent northern boundary of said street.
CHARTER. 47
§ 115. Be it further enacted, That the said corporation q844, seo-shall
have power, and they are hereby authorized, to alter
and change the names of streets of the said city, whenever name of
, ,
'
streets.
they may deem it expedient, and they shall mark the names
when so altered and changed, together with the original
names thereof, in the map of said city.
§116. Be it fiLrther enacted. That all Acts and parts of ^J^^l^"'
Acts inconsistent with this Act or with any provisions -That nothing
thereof, except the Act entitled "An Act to enable the isii'shtn a*f-corporate
authorities of the city of Mobile to provide for oTis43, or
the security and payment of the debt of said city, and fortionoCAct"
other purposes," approved the 11th of February, 1843, and
except also the 18th section of an Act entitled " An Act to or Acts in-
•
_ _
consistent
alter and amend the charter incorporating of the city of '^l^'ii^®
^^^
Mobile," passed December 24th, 1824, which provides for i-epeaiei
the repeal of the Act to incorporate an acqueduct company
in the city of Mobile, be and the same are hereby repealed.
§ 117. Be it further enacted, That hereafter the number ^^«^;^i^8*8
of justices of the peace in and for the city of Mobile shall Q^g-^^jj^g
not dejDcnd on the militia beats, but there shall be elected foVeach^''"^
for each ward in the city, one justice of the peace and one'^^'^'''
constable, by the qualified electors of said ward ; who shall
hold their office for three years and be governed by the same
rules in every other respect that now govern justices of the
peace, in their powers, duties, and fees : and their terms
of office shall commence from the expiration of the terms of
pffice of the present incumbents.
§ 118. Be it further enacted, That all justices of theq848, seo-peace
for said city shall keep a docket, on which shall be
1 o ^ 1 n ^ i „ Justices
entered a note of each case brought before them and ofshaiikeep
'-' docket.
their orders and doingos thereabouts '; and that at the ex- .^ ^^ At the expi-piration
of their terms of office, whether by death or other-o^
j.°"t°'^
wise the said books together with the papers of their office, papers to"^
shall be deposited in the office of the clerk of the orphan's phan's°court,
com-t of Mobile county, and imperfect orders, proceedings judgeo^
and judgments may be perfected by the successor of the
justice whose proceedings are thus defective.
S 119. Be it further enacted. That from and after the (i848, seo-
"^ "^ '
. tionS.)
first day of November next (1848) justices elected in the
48 CHARTER.
foTir^o""'
^°^^^y o^ Mobile, beyond the limits of said city, shall not
fiected^olt''^^®
permitted to keep their offices within the limits of said
of city. q[Ij
(1848. Sec- § 120. Be it further enacted, That the mayor, aldermen
tion 4.) ^^^ common council of the city of Mobile be charged with
to°Tp°Joint° appointing inspectors and officers to hold the elections
eieotion. hereinbefore provided for in the same manner that alder-vacanoy,
men are elected, and in case of death or resignation of any
how filled. n 1 . . n
01 the justices herein provided, his place shall be tilled by
election in the same manner as if his term of office had
expired.*
* January 12th, 1S26.—Section 1. Enacts that the judge of the county court and corn-
Term of of- missioners of Mobile county shall appoint justices of the peace who shall continue in ofEce
fice- during the term of three years, but for any malconduct or misdemeanor in office whatsoever,
. may be prosecuted by information or presentment of a grand jury, in the circuit court of
ed for mal- ^^''^ county, whicli information or presentment, shall specify the particular malconduct or
conduct in misdemeanor with which such justice of the peace shall stand charged, and shall not be
office. quashed, overruled, or avoided, for the want of form. And if the justice of the peace so
prosecuted, on the return of a summons executed, shall fail to appear, at the term to which
such summons is returnable, and plead to the information or presentment, or shall in open
court confess the matter therein alleged, or shall be convicted thereof by the verdict of a
jury, the court before whom such prosecution shall be had, shall certify the same to the
governor, who, in either of the cases above mentioned, shall forthwith revoke the commission
of such justice of the peace, and make known the same to the judge of the county court,
and the person so removed shall thereafter be rendered incapable of holding the office of a
justice of the peace in any county in this State.
Section 3. Enacts that they shall appoint persons to servo as constables within the said
county for the term of three years, but for any malconduct or misdemeanor in office, may-be
removed on complaint by the said judge of the county court and commissioners of roads
and revenue, and the said constables before entering on their official duties, shall severally
To give bond snter into bond, in such manner, and for such sum, as now required by law.
December oOth, 1S21.
—
Section 4. Enacts that from and alter the passage of this Act, the
appomtraent to all offices in the said county of Mobile, which arc now by law vested in the
judge of the said county court of Mobile county, shall be vested in the said judge and the
commissioners of roads and revenue for the said county, or in the majority of the said judge
and commissioners ; and that hereafter justices of the peace and constables in the said
county of Mobile, instead of being appointed, pursuant to the existing laws, by the said
judge and commissioners, shall be elected pursuant to the general laws of this State in re-lation
to the election of justices of the peace and constables in the several counties of this
State, but who shall enter into bond with security as is now required by law in the said
county of Mobile, and be subject for misconduct and misbehavior in office to the penalties
imposed by the Act of the general assembly entitled " An Act concerning justices of the
peace and constables in Mobile county," passed January I'ith, 1826.
THE CODE ORDINANCES
THE CITY OF M:0]3ILE.
PREPARED BY
ALEXANDER McKINSTRY,
IN PURSUANCE OF A RESOLUTION OF THE MAYOR, ALDERMEN, AND COMMON
COUNCIL OF MOBILE.
MEMBERS OF CORPORATION IN 1858.
Mayor.
JONES M. WITHERS.
Aldermen.
NEWTON ST. JOHN, President.
JOHN BOWEN, CHARLES L. Le BARON,
LLOYD BOWERS, A. G. MOORE,
R. L. BURFORD, C. F. MOULTON,
GEO. I. BLAKESLEE, J. B. MALONE,
R. C. CUNNINGHAM, ISRAEL I. JONES,
GEO. A. CLEVELAND, F. A. ROSS,
GEO. A. KETCHUM, R. B. ROULSTON,
JONA'N KIRKBRIDE, R. H. SLOUGH,
R. A. LEWIS, S. C. STRAMLER,
B. S. SKATES.
Common Council.
HENRY S. LEVERT, President.
1st Ward, - - THOMAS ST. JOHN,
2d " - - LEWIS T. WOODRUFF,
3d " - - THOMAS P. MILLER,
4th " - - HENRY S. LEVERT,
5th " - - WM. E. JENNINGS,
6th " - - GEO. H. SCHEFFELIN,
7th " _ _ J. J. T. WILSON.
OFFICERS OF THE CITY FOU 1858.
H. A. Donaldson, -
D. S. Cummins, - -
John Hall, - - -
J. H. Daugharill, -
H. Gr. Blount, - -
E. GiRARD, - - -
W. a. Clark & Co.
James Wilkins, - -
J. S. Glisson, - -
Wm. Bancroft, - -
E. Alvarez, -
Isaac Bryan, - -
T. J. Ellison, - -
D. KOBERTSON, - -
D. Walker, - -
P. J. Pillows. - -
F. J. Bernard, - -
R. L. BURFOOT, - -
R. H. Redwood, - -
J. KiRKBRIDE, - -
C. W. Gazzam, - -
W. D. Dunn, - -
Jno. J. Walker,
S. Charpentier, - -
D. W. Fuller, - -
J. M. SCALLICK, - -
City Treasurer.
" Clerk
" Attorney.
" Tax Collector.
Keeper Poiuder Magazine.
Clerk Mao^Tcet.
City Printers.
Weigher of Hay.
Inspector of Staves.
Insjjector of Wood, North.
Insp)ector of Wood, South.
Insjjector of W. and Measures.
City Ganger.
" Sexton.
" Assessor.
" Surveyor.
Master Mechanic.
Trustee of City Proi^erty.
Captain of Police.
Lieutenant of Police.
CITY OFFICERS FOR 1858. 53
Jno. T. Webb, -
EussELL W. Lewis,
S. W. Clark,
P. D. Carr, - -
J. GrIDDINS, - -
J. S. Whitney, -
James Wade, - -
Jno. G-raham,
J. Gharpentier, -
W. Shelton, - -
S. Gilder, - -
Lieutenant of Police.
Sergeant of Police.
Day Sentinel.
Night "
Bell Sentinel.
RULES
OF THE
BOARD OF ALDERMEN
OF THE
CITY OF MOBILE.
EuLE 1. The president shall take the chair at all meet-ings
of the board, and on the appearance of a quorum shall
immediately call the members to order ; when the president
is absent the members present may select one of their
number to take the chair, the business shall be taken up as
follows, viz
:
1. Calling of the roll of members.
2. Eeading of the journal of proceedings of the last
meeting, and if no objections are made, the presi-dent
shall declare them approved.
3. Communications from the mayor.
4. Eeports from officers of the several departments, read
and disposed of.
5. Papers from the board of common council taken up
for consideration.
6. Eeports from standing committees in their order.
7. Eeports from the select committees in their order.
8. Petitions read and acted upon.
9. Unfinished business.
10. New business.
11. Elections to fill vacancies in this board, if any.
12. Election of officers.
13. Adjournment.
56 RULES OF THE BOARD OF ALDERMEN.
Rule. 2. The president shall presen'e order and de-corum,
may speak to jDoints of order in preference to other
members, he shall decide questions of order, subject to an
appeal to the board, at the request of any member, which
appeal shall be decided without debate.
EuLE 3. He shall put all questions distinctly in this
form, to wit
:
"As many as are of opinion (as the case may be) say
aye," and after the affirmative voice is exj^ressed, " As
many as are of the contrary opinion, say no; " if the presi-dent
doubts, he shall cause a division ; those of the aflfinn-ative
of the question shall first rise from their seats, and
afterwards, those of the negative.
Rule 4. When any member is about to speak or deliver
any matter to the board, he shall rise from his seat and
resi:)ectfully address himself to Mr. President.
Rule 5. If any member is sjieaking, or otherwise trans-gress
the rules, the jjresident or any member may call to
order ; in which case, the member so called to order, shall
immediately sit down, unless permitted to exj^lain, and the
board shall, if ajDpealed to, decide on the case—^but without
debate ; if the decision be in favor of the member so called
to order, he shall be at liberty to proceed, if otherwise, and
the case requires it, he shall be liable to the censure of the
board.
Rule 6. When two or more members happen to rise
at the same time, the president shall name the person who
is first to speak.
Rule 7. No member shall speak more than twice to
the same question, without leave of the board.
Rule 8. Upon a call for taking the ayes and noes on
any question the president shall first be called, and then
the names of the members alphabetically, and each member
shall answer from his seat.
Rule 9. When a motion is made and seconded, it shall
be stated by the president, or if in wi'iting, it shall be read
aloud