§ 5. That for each and every offence against the provisions of this ordinance, the ferry keeper or keepers so offending, shall forfeit and pay, to and for the use of said city, any sum not exceeding ten dollars, to be recovered by action of debt or information in the name of the "mavor, aldermen and citizens of the city of St. Louis," before the mayor or any alderman or justice of the peace within said city, to be assessed and ascertained by a jury in the cause, or by the officer who shall try the same. That it shall be lawful for any person or persons to establish and keep an additional ferry or ferries, (within the limits of the city of St. Louis across the Mississippi river, the landing of which shall be located and established at the termination of Oak street, where the same strikes the Mississippi river,) upon such person or persons paying therefor, the usual license for such privilege as is provided by this ordinance. 1 § 6. That if any ferry keeper or keepers, within said city, shall, for three consecutive days, or for six several days within any period of six months, neglect or refuse to observe and perform the regulations of this ordinance, his, her or their licenses to keep a ferry within said city, shall be taken away, or be declared null and void by the mayor, upon the minutes of the board of aldermen; and after such license shall have been taken away, or declared void, as aforesaid, such keeper or keepers shall not be allowed to use, or land, within said city, with, or send, or take away, any ferry-boat, passengers, or cargo; but for cach offence, and every attempt to do so, he, she, or they, so offending, shall forfeit and pay to said city, the sum of ninety dollars, to be recovered as aforesaid. § 7. That each and every person who shall keep, or attempt to keep a ferry within said city, without first having obtained a license from the city authorities therefor, or, having a license, shall fail to comply with the provisions of this ordinance, shall forfeit and pay to said city the sum of ten dollars for each offence, to be recovered as aforesaid. § 8. That it shall be the duty of the harbor master of said city, to observe and enforce the provisions of this ordinance, by providing some other suitable landing place when the usual landing place may be obstructed, and by giving said ferry-keepers notice thereof; and also by giving information of all breaches of this ordinance to the city register, whose duty it shall be to prosecute all offenders against this ordinance, or to cause them to be prosecuted. § 9. That the rates of ferrying at every ferry established under this ordinance, shall not exceed as follows, to wit: For each horse and rider, twenty-five cents; foot passengers, twelve and a half cents; live hogs, sheep, or calves, six and a fourth cents; head of neat cattle, twenty-five cents; head of other cattle, twelve and a half cents; hundred feet of plank or lumber, twelve and a half cents; hundred pounds of merchandise, five cents; gig and one horse, with one or two riders, sixty-two and a half cents; sulkey and one horse, sixtytwo and a half cents; one horse and wagon, sixty-two and a half cents; two horses and wagon, one dollar; four horses and wagon, one dollar and twenty-five cents, two or four horse wagon, loaded with coal, lime, brick, plank, corn or fire-wood, one dollar; two or four horse market wagon, loaded with the produce of the country, usually sold at the St. Louis market, one dollar; cart and one horse, thirty-seven and a half cents; cart and one yoke of oxen, seventy-five cents; market cart with one horse or one yoke of oxen, seventy five cents. § 10. That the mayor shall have power, in the vacation of the board to grant a license for a ferry, which shall continue to the end of the next session of the board. § 11. That every ferry-man shall keep good and sufficient boats with a sufficient number of hands, and give ready and due attendance on all occasions; and for neglecting or refusing such attendance, every such ferry-man shall be fined a sum not exceeding five dollars; and for neglecting in keeping such boat or boats in good repair as aforesaid, he shall forfeit and pay a sum of thirty dollars to the use of the city: Provided, no such ferry-man shall be obliged to transport any person or thing before payment therefor has been made or tendered according to the rates established for such ferry. 12. That if any person or persons shall keep a ferry so as to demand and receive pay, not having first obtained a license in the manner before pointed out, he or they, for every such offence, shall forfeit and pay twenty dollars, for every day upon which he shall keep a ferry as aforesaid to the use of the city. § 13. If any person licensed to keep a ferry within the limits of the city of St. Louis, shall refuse to receive payment from any person crossing the river to or from the city, according to the rates of ferriage fixed by this ordinance, the person so licensed and offending shall forfeit and pay for the use of the city, the sum of ten dollars for each offence, and shall forfeit all rights under his license. CHAPTER II-Of Billiard Tables. SEC. 1. Persons wishing to keep a billiard table, to obtain license under penalty. § 1. Be it further ordained, That every person wishing to keep a billiard table within the limits of the corporation, shall first apply to the mayor for a license to keep the same; the license shall be a semi-annual or quarter-yearly license, at the option of the person applying therefor, previous to the obtaining of which the applicant shall have paid to the collector of the city, as license money, if for a quarter-yearly license, the sum of sixty-two dollars and fifty cents-if for a semiannual license, the sum of one hundred and twenty-five dollars, together with one dollar as a fee, in either case, to the register, for making out the same. The said license thus granted, shall authorize the holder thereof to keep a billiard table within the limits of the city, for the term in such license specified; and every person keeping or permitting to be kept or used,a billiard table as aforesaid, without having previously paid the license money and obtained the said license, he, she, or they, so offending, and being thereof convicted, shall pay to the use of the St. Louis hospital, a sum of fifty dollars to be recovered by action of debt. CHAPTER III-Of the Hospital. SEC. 1. Nett proceeds of all moneys accruing under this ordinance to be applied to sppuort of hospital. 2. Repealing section. § 1. Be it further ordained, That the nett proceeds of all moneys arising from the licensing, regulating, restraining or suppressing the keeping of ferries and billiard tables within this city, or from fines or forfeitures, otherwise accruing from any ordinance or ordinances, for the licensing, restraining or suppressing gaming with cards or dice, and games of hazard or amusement of any kind or description whatsoever, upon which money or any thing else may be bet or staked, or for restraining or suppressing bawdy houses, within the limits of said city, be, and the same is hereby appropriated for the support of the St. Louis hospital, now established in this city, by and under the direction of the sisters of charity, and for no other use, or purpose whatever, and the treasurer and auditor of the city, are directed and required to keep seperate accounts of all moneys arising from the sources aforesaid, and the payments made therefrom for the support of said hospital. § 2. All ordinances contradictory to, inconsistent with, or coming within the provisions of, this ordinance, are hereby repealed. This ordinance shall take effect from and after its passage. HUGH O'NEIL, Jr., Pres't. Approved, April 4, 1835. JOHN W. JOHNSON, Mayor. APPEALS AND LEGAL PROCEEDINGS. An ordinance authorising the register of the city of St. Louis to sign appeal bonds. SEC. 1. Register authorized to pray appeals and sign appeal bonds; sue out writs of error, certiorati's, &c., in suits to which the city is a party, in the name, and on behalf of the city-appeal bonds, recognizances, &c. how to be signed and attested. 2. All appeal bonds, recognizances, &c. signed by register, declared to be corporate bonds, &c, and binding on the city-all bonds, &c. to be attested by the common seal. 3. Register to make affidavits when in his power. 4. Register authorized to certify amount of costs necessary to be paid in the prosecution of suits, to the auditor, and the auditor to draw for the amount-register to apply the moncy. 5. Register authorized to certify the amount of executions and fee bills, properly authenticated, to the auditor, who shall issue warrants therefor-register to apply the money. Be it ordained by the mayor and board of aldermen of the city of St. Louis, as follows: § 1. That in all suits and proceedings at law, or in equity, wherein "the mayor, aldermen and citizens of the city of St. Louis," shall, or may be, either plaintiffs or defendants, it shall be the duty of the register of said city, when he may think proper, to take appeals, writs of error, certiorari's and other remedial writs, in the nature of appeals or writs of error, from the judgment or decision of the mayor, aldermen, or justice of the peace, or the judgment or decision of any court of record, to the proper appellate court or courts; and said register is hereby authorised to execute and sign all bonds, recognizances and other instruments, in the name and on behalf of said mayor, aldermen and citizens of the city of St. Louis, in such appeals and other process and proceedings, as may be required by law, of appellants or plantiffs in error, and shall sign the same in the manner following, to wit: "The mayor, aldermen and citizens of the city of St. Louis, by their agent, A. B., register," and said register shall also have power to affix the common seal of said city to said bonds, recognizances and other instruments, before mentioned, for the purposes aforesaid. § 2. And be it further ordained, That all bonds and recognizances entered into, made and executed by said Register, as aforesaid, for the purposes aforesaid, shall be deemed and taken to be the bonds and recognizances of "the mayor, aldermen, and citizens of the city of St Louis," and shall be obligatory and binding upon the same, to all intents and purposes: Provided, That all bonds and recognizances to be executed, as aforesaid, shall be attested by the impression of the common seal of said city, affixed thereto. § 3. And be it further ordained, That whenever, (in the course of proceedings in any cause in which the mayor, aldermen and citizens of the city of St. Louis are, or shall be parties or interested,) any affidavit shall be necessary, by law, to be made, it shall be the duty of said register to make the same for, and on their behalf, and in their name, if he can do so consistently with his knowledge or belief. § 4. And be it further ordained, That in all cases of appeals, writs of error or certiorari's, taken or sued out on behalf of "the mayor, aldermen and citizens of the city of St. Louis," in which payment of costs is made by the law, a condition, precedent to granting such appeal, writ of error or certiorari, or when the costs of any writ or fees are to be paid in advance to any clerk or other officer, the city register shall certify the necessary sum which may be needed for such purpose, to the auditor of the city; and the auditor shall forthwith draw a warrant for the amount certified, upon the treasurer of the city, who shall forthwith pay the same out of any money in the treasury not otherwise appropriated; and said register shall dispose of said sum of money, so drawn as aforesaid, for the purposes and uses for which it may have been drawn. § 5. And be it further ordained, That whenever any execution or fee bill, properly issued and authenticated against the said city, shall be presented for payment, it shall be the duty of the register to examine and certify the same to the auditor; and the auditor shall, in like manner, issue his warrant on the treasurer for the amount so certified; and the treasurer shall pay the amount of said warrant, out of any money in the treasury not otherwise appropriated. Passed by the board of aldermen September 12, 1828. APPROVED, September 16, 1828. JOS. C. LAVEILI E, President. |