Nauvoo City Council Minute Book, 1841–1845

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The City Council met at the House of at Six oClock P. M. on Wednesday the 3rd. day of February 1841.—

 

Esq, the Mayor, was Sworn into office, by , J. P.

Meeting opened by Prayer, by Joseph Smith.

The gave Notice that had been appointed City Marshal, & requested the public to respect & obey him as such.

Aldermen, , , , & , and Counsellors, Joseph Smith, , , , , , , & , were sworn into office by the , having respectively subscribed their oath of office, & the , having duly subscribed his oath of office.

, (who was Elected as the other City Colr.) not being present.

was appointed City Marshal, & Sworn, & to continue for Two Years ensuing.

appointed City Treasurer, & Sworn, & to continue for Two Years ensuing.

appointed City Recorder, & Sworn, and to continue for Two Years ensuing.

appointed Supervisor of Streets, (not present,) to continue for Two years ensuing.

appointed City Assessor, & Sworn, & to Continue for Two Years.

The then addressed the Council, & Citizens, by an inaugural Speech of considerable length, and Read, & [p. 1] And cited parts of the City Charter, observing as to what he considered should be done in the forthwith, &c. &c.

Counsellor Joseph Smith presented a Bill to organize the , which was read three times, the Rules were dispensed with, & it passed unanimously. To Wit.

An Ordinance Organizing the “Nauvoo Legion”.—

Sec. 1. Be it ordained by the City Council of the City of , that the Inhabitants of the City of , and such Citizens of as may unite by voluntary Enrollment, be, & they are hereby organized into a Body of independent Military Men, to be called the “Nauvoo Legion,” as contemplated in the 25th. Section of “An act to incorporate the City of ,” approved December 16th., 1840.

Sec. 2. The Legion shall be, and is hereby, divided into two Cohorts,— the Horse Troops to constitute the first Cohort, & the foot Troops to constitute the second Cohort.

Sec. 3. The General Officers of the Legion shall consist of a Lieutenant General, as the Chief Commanding & reviewing officer, & president of the Court Martial, & Legion; a Mayor General, as the second in Command of the Legion, the Secretary of the Court Martial, & Legion, & Adjutant & Inspector General; a Brigadier General, as Commander of the first Cohort; & a Brigadier General, as Commander of the second Cohort.

Sec. 4. The staff of the Lieutenant General shall consist of two principal Aids-de-Camp, with the Rank of Colonels of Cavalry, & a guard of twelve Aids-de-Camp, with the Rank of Captains of Infantry, & a drill officer, with the rank of Colonel of Dragoons, who shall likewise be the Chief Officer of the Guard.

Sec. 5. The Staff of the Major General shall consist of an Adjutant, a Surgeon in Chief, a Cornet, a quarter Master, a Pay Master, a Commissary, & a Chaplain, with the Rank of Colonels of Infantry; a Surgeon for each [p. 2] Each Cohort, a quarter Master Sergeant, Sergeant Major, & chief Musician, with the Rank of Captains of light Infantry; & two Musicians, with the Rank of Captains of Infantry.

Sec. 6. The Staff of each Brigadier General shall consist of One Aid-de-Camp, with the rank of Lieutenant Colonel of Infantry; provided that the said Brigadiers shall have access to the Staff of the Major General when not otherwise in service.

Sec. 7. No officer shall hereafter be elected by the various Companies of the Legion, except upon the nomination of the Court Martial, & it is hereby made the duty of the Court Martial to nominate at least two Candidates for each vacant office, whenever such vacancies Occur.

Sec. 8. The Court Martial shall fill & supply all offices ranking between Captains & Brigadiers General by granting brevet Commissions to the most worthy Company Officers of the Line, who shall thereafter take Rank & Command according to the date of their Brevets; provided that their Original place in the Line shall not thereby be vacated.

Sec. 9. The Court Martial consisting of all the Military Officers, commissioned or entitled to Commissions, within the limits of the City Corporation, shall meet at the of Joseph Smith, on Thursday the 4th. day of February 1841, at 10 o’clock A.M. & then, & there, proceed to elect the general officers of the Legion as contemplated in the 3rd. Section of this ordinance.

Sec. 10. The Court Martial shall adopt for the , as nearly as may be, & so far as applicable, the discipline, drill, Uniform, Rules & Regulations of the Army.

Sec. 11. This Ordinance shall take effect, & be in force from & after its Passage.

passed Feb.y. 3rd. 1841.—

Recorder.

Colr. [p. 3]

Counsellor Joseph Smith presented a Bill to Organize the “University of the City of ”. which was read three times, the rules were dispensed with, & it passed Unanimously.

An Ordinance Organizing the “University of the City of .”

Sec. 1. Be it Ordained by the City Council of the City of , that the “University of the City of ” be, & the same is hereby Organized, by the appointment of the following Board of Trustees; to wit, , Chancellor, , Registrar, & Joseph Smith, , , , , , , , , , , , , , , , , , , , , , & Lenos M. Knight, Regents; who shall hereafter constitute the “Chancellor & Regents of the University of the City of ”, as contemplated in the 24th. Section of “An Act to incorporate the City of ”, approved December 16th., 1840.

Sec. 2. The Board named in the 1st. section of this ordinance shall hold its first Meeting at the of Joseph Smith, on Tuesday, the 9th. day of February 1841, at 2 oClock, P. M.

Sec. 3. This ordinance shall take effect, & be in force, from & after its passage.

<​passed 3rd. Feb.y. 1841.​>

Recorder.

 

Counsellor Joseph Smith presented the following resolution, which was unanimously adopted.

Resolved by the City Council of the City of , That a vote of <​the unfeigned​> Thanks of this City of <​Community be respectfully​> Tendered, to the Citizens of , <​Council​> of Revision, & Legislature, of the State of , as a feeble testimonial of their respect & esteem for noble, high minded, & patriotic Statesmen, [p. 4] Statesmen, & as an evidence of gratitude for the Signal powers recently conferred.— & that the Citizens of be held in everlasting remembrance for their unparalled liberality & marked kindness to our People, when in their greatest state of suffering & want.

That portion of the Message respecting a Canal, was referred to a Committee of three, namely, Colrs. , & Joseph Smith, & .

That portion of the Message respecting the vacating of the Town Plotts, & Town of , was referred to a committee, Messrs. Joseph Smith, , & .

That Portion of the Message that relates to vending Spirituous Liquors, was referred to a select Committee, viz Joseph Smith, , & .

It was referred to a Committee of five, to prepare a code of City Ordinances. Joseph Smith, , , , & .

It was adopted that the appointment of a Board of Health for the be referred to a Committee. to wit, Joseph Smith, , & .

It was unanimously adopted, that the inaugural Address, as also the proceedings of this Meeting, be published in the Times & Seasons.

The made some remarks concerning the powers vested in him, also respecting the Duties of the several officers.

Adjourned until Monday next, to meet at ’s, at one oClock P. M.

February 3rd. 1841.

, Recorder.

City Council met pursuant to adjournment, Meeting opened by Prayer, by Counsellor .

An Ordinance in relation to the City Council was read the first time.— was Sworn, as Counsellor, & took his Seat.

The [p. 5]

The Committee upon the Canal made their Report, & brought it in, which was read, & Colr. Joseph Smith moved that it be accepted, after some discussion a Committee of the whole was gone into, who rose and Reported, & the Report of the Committee was received.

The Committee upon the of the Town Plotts, & Town of , brought in their Report,

It was moved, & seconded, that it be laid upon the Table, which Motion was withdrawn after some discussion, & liberty was obtained to withdraw the Report, upon Motion, seconded, & voted upon, and Report was withdrawn, with liberty to amend.

It was moved & seconded that Colr. Joseph Smith be appointed to Contract for a survey of the Canal, & to Report. moved that the Rules be dispensed with, & to Report progress.

Colr. Joseph Smith brought forward the Report of the Committee on vending Spirituous Liquors, Poison, Gunpowder, &c, &c, and the Bill was read the first time.

An Ordinance in Relation to the City Council, & other officers, Read the second time.

A clause was added to the second Section.

Bill read the third time and Passed.

Section 1. Be it ordained by the City Council of the City of , That should any member of the City Council absent himself from, or neglect or refuse to attend, any regular or special meeting of said Council, for more than thirty minutes after the time appointed, or should the Marshal or Recorder be guilty of a like offence, he shall <​be​> fined in the sum of two Dollars for each offence.

Sec. 2. Should any member of said Council neglect or refuse to attend said Meetings, for[th]with on a summons from the Mayor, served by the Marshal [p. 6] or special messenger of said Council, he shall be fined in the sum of Twenty five Dollars, for each offence; Provided, that the City Council may on good cause shown, remit any fine herein, or by this ordinance assessed.

Sec. 3. The above fines to be collected as other debts before the Mayor, at the suit of the City Corporation.— This ordinance to take <​effect​> and be in force, from and after its Passage.— <​passed Feb.y. 8th. 1841.—​>

<​ Recorder.​>

 

was Sworn as Supervisor of Streets.

Adjourned until this day Week, at 1 oClock P. M. To meet at same place.

February 8th. 1841.

, Recorder.

City Council met pursuant to adjournment. called to the Chair in the absence of the .

Meeting opened by , by Prayer.

Proceedings of last Meeting Read.

presented a Petition from accompanied with a Map, respecting his s property in the bounds of the , known as Lotts in the Town Plott of .

It was Moved, seconded, & carried, that Petn. & Map be laid on the Table.

An ordinance in Relation to Temperance read 1st. time. Rules dispensed with,— received second Reading.

Colr. Joseph Smith moved, & it was adopted, that the committee be relieved from further consideration as to the City Plott.

The Committee on the Code of Ordinances for the , reported progress, & obtained further time.

A Petn. was presented on behalf of & others, for liberty to make a Dam or Pier out into the , which was ordered to lie on the Table.

The Code of Laws & Ordinances for the City was read the second time.

The [p. 7]

The ordinance in relation to Temperance was read a third second time, & discussed, & amended, & passed unanimously.

Sec. 1. Be it Ordained by the City Council of the City of , that all Persons & Establishments whatever, in this , are prohibited from vending Whiskey in a less quantity than a Gallon, or other Spirituous Liquors in a less quantity than a quart, to any Person whatever, excepting on the Recommendation of a Physician duly accredited, in Writing, by the “Chancellor & Regents of the University of the City of ,” & any Person guilty of any Act contrary to the prohibition contained in this ordinance, shall, on conviction thereof before the Mayor, or Municipal Court, be fined in any Sum not exceeding twenty five Dollars, at the discretion of said Mayor, or Court; & any Person or Persons who shall attempt to evade this Ordinance by giving away Liquor, or by any other means, shall be considered alike amenable, and fined as aforesaid.

Sec. 2. This Ordinance, to take effect, & be in force, from and after its Passage.

<​passed feb.y. 15th. 1841.)​>

<​ Recorder.)​>

 

Adjourned until Monday next at one oC. P. M. to meet at same Place.

February 15th. 1841.

, Recorder.

City Col. met pursuant to adjournment, & adjourned by vote, to the office at s.

presented a Petition from Residents on that part of the City Plott known as Kimballs addition to , praying that it might be surveyed according to the City Plott. Which Petn. was laid on the Table.

brought forward that part of the <​Code​> of City Ordinances relating to City officers, which was read the first time.

Colr. Joseph Smith moved The [p. 8] The following Resolution which was unanimously adopted.

Resolved by the City Council of the City of , that the freedom of the be, & the same hereby is, conferred on the present , , Council of Revision, & Members of both Houses of the General Assembly, of the State of , as an evidence of Our Gratitude for their great liberality & kindness to this Community during the present Winter.

 

Colr. Joseph Smith moved an Ordinance in Relation to the University, which was passed.

Sec. 1. Be it Ordained by the City Council of the City of , that all Matters & powers whatever in relation to common Schools, & all other institutions of Learning, within the City of , be, & the same hereby are, transferred from the City Council of the City of , to the Chancellor & Regents of the University of the City of .

Sec. 2. This Ordinance to take effect, & be in force, from & after its passage.— passed feb.y. 22nd. 1841.—

Recorder.

 

brought forward an Ordinance, (to amend an Ordinance of the 15th. feby. 1841, entitled an Ordinance in Relation to Temperance) to grant Licences to sell Spirituous & Vinous Liquors, which was Read the 1st. & 2nd. time.

A Committee of the whole was gone into, who rose & reported, & upon a vote whether the Bill be ordered to a third reading, It was Lost.

The 1st. Division of a Bill, relating to the City Wards, was read the <​2nd. &​> third time, & passed into the following Ordinance.—

Sec. 1. Be it Ordained by the City Council of the City of , that the be, & the same hereby is, divided into four Wards, as follows; to wit: all that District of Country, within the City Limits, North of the Centre of Knight Street, & West of the Centre of Wells Street, shall constitute the first Ward,— all North of the Centre of Knight Street, & East of the Centre of [p. 9] of Wells Street, the second Ward,— all South of the Centre of Knight Street, & East of the Centre of Wells Street, the third Ward,— & all South of the Centre of Knight Street, & West of the Centre of Wells Street, the fourth Ward of said .

Sec. 2. Each Ward shall be entitled to the following representation in the City Council; to wit: One Alderman, & two Counsellors; Provided, that the fourth Ward shall be entitled to three Counsellors; & the Mayor for the at large.

Sec. 3. The Aldermen, & Counsellors already elected by the general ticket system, shall be assigned as follows, for the first Term; to wit: , Alderman, & , & , Counsellors, for the first Ward— , Alderman, & , & Counsellors, for the second Ward— , Alderman, & , & , Counsellors, for the third Ward— & , Alderman, & Joseph Smith, , & , Counsellors, for the fourth Ward of said .

Sec. 4. This Ordinance to take effect, & be in force, from & after its passage. <​Passed March 1st. A.D. 1841. (see pa 12,)​>

Recorder.

 

The second division of a Bill, as relates to Streets & Bridges, was read a second time by the Title, & upon Motion was again referred to the former Committee.

The Petn. of & others was taken up, discussed, & amended, & the following Resolution adopted.

Resolved by the City Council of the City of , that the Citizens of Kimball’s addition to be, and they hereby are, permitted to extend the survey of the original Plot over said addition, provided, that no survey shall ever be made therein, which does not conform to the City Plot of .

 

Colr. Joseph Smith brought forward a Resolution relative to the County Road leading from to the late Town of , in order to have it vacated, or changed, it underwent some discussion, & eventually carried, that it [p. 10] It be laid on the Table.— Adjourned until one oClock on this day Week, to meet at same place.

February 22nd. 1841.

, Recorder.

City Council met pursuant to adjourment.— Meeting opened by Prayer.— Minutes of last Meeting read.

Colr. [Councilor] J. Smith moved an ordinance respecting roads & Town Plots, which went through the usual readings (the rules being dispensed with) and passed as follows.

An Ordinance <​in relation​> to Roads and Town Plots.

Sec. 1. Be it ordained by the City Council of the City of , That all state and County roads within the limits of this , excepting where they occupy the same ground as the City Streets; and the original surveys and plots of the old Town of and , be, and the same hereby are, vacated.

Sec. 2. This ordinance to take effect, and be in force, from and after its passage.— passed March 1st. 1841.

Recorder.

 

Colr. J. Smith moved an ordinance respecting the surveying of any addition to the City Plot, which went through the usual readings (the Rules being dispensed with) and passed as follows.—

An Ordinance in relation to the City Plot.

Sec. 1. Be it ordained by the City Council of the City of , That no tract of Land that within the Limits of this , shall hereafter be surveyed, plotted and laid out into city Lots, unless, the same be surveyed, and plotted, so as to correspond with the original survey and plot, of the City of .— and any survey or plot, made in violation of this ordinance shall be null & void.

Sec. 2. This Ordinance to take effect, and be in force from and after its passage.

Passed March 1st. 1841.

Recorder. [p. 11]

Colr. J. Smith moved an Ordinance, to divide the into 4 Wards, and appoint the Aldermen and Colrs. to their Respective wards, the Bill received 3 readings and passed. Entitled— An Ordinance dividing the into Wards

 

Colr. J. Smith brought forward an Ordinance relative to public Meetings which was read 3 times and Passed, to wit:

An Ordinance in Relation to public Meetings.

Sec. 1. Be it Ordained by the City Council of the City of , That in order to Guarrantee the Constitutional right of free discussion upon all subjects, the Citizens of this , may from time to time, peaceably assemble themselves together for all peaceable, or lawful, purposes whatever; and should any person be guilty of disturbing, or interrupting, any such Meeting or assemblage, he shall on Conviction thereof before the Mayor, or Municipal Court be considered a disturber of the public peace, and fined in any sum not exceeding five hundred Dollars, or imprisoned not exceeding six Months or both, at the discretion of said Mayor, or Court.

Sec. 2. Should any person be guilty of exciting the people to riot, or rebellion or of participating in a mob or any <​other​> unlawful riotous or tumultuous assemblage of the people, or of refusing to obey any civil officer executing the ordinances of the , or the general Laws of the or , or of neglecting or refusing to obey, promptly, any milatary order for the due of said Laws or Ordinances, he shall on conviction thereof as aforesaid, be fined, or imprisoned, or both as aforesaid.

Sec. 3. This ordinance to take effect and be in force from and after its Passage.

Passed March 1st. 1841.

Recorder

Colr. [p. 12]

Colr. J. Smith moved an ordinance in relation to religious Societies. read first time, rules dispensed with. read second and third times, and passed, as follows:

An Ordinance in relation to religious Societies.

Sec. 1. Be it ordained by the City Council of the City of , That the Catholics, Presbyterians, Methodists, Baptists, Latter-Day-Saints, Quakers, Episcopalieans Universalits Unitarians, Mahommedans, and all other religious sects and denominations whatever, shall have free toleration and equal Privilieges in this , and should any person be guilty of ridiculing abusing, or otherwise depreciating another in consequence of his religion or of disturbing, or interrupting any religious meeting. within the Limits of this , he shall on conviction thereof, before the Mayor or Municipal Court be considered a disturber of the public peace, and fined in any Sum not exceeding five hundred Dollars, or imprisoned not exceeding six months, or both at the discretion of said Mayor, or Court.

Sec. 2. It is hereby made the duty of all municipal officers to notice, and report to the Mayor any breach or violation of this or any other Ordinance of this that may come within their Knowledge, or of which they may be advised; and any officer aforesaid is hereby fully authorized to arrest all such violators of rule, law, and order, either with or .

Sec. 3. This Ordinance to take effect, and be in force from and after its Passage.

Passed March 1st. 1841.

Recorder.

 

Colr. J. Smith moved and it was se[c]onded and carried, that s petition and map, (which was laid on the Table.) be taken up. It was then adopted that the Petr. be at liberty to withdraw his Petition, which was complied with, and the petition and Map were handed to .

Colr. J. Smith presented an ordinance, relative to additional City [p. 13] City Offices which was read three times and passed, to wit:

An Ordinance Creating certain additional City Offices therein named.

Sec. 1. Be it ordained by the City Council of the City of . That in addition to the City officers heretofore elected, there shall be elected by the city council, one High Constable, for each ward, one surveyor and Engineer, one Market Master, one weigher and Sealer and one Collector for the , whose duties shall hereafter be defined by Ordinance.

Sec. 2. This Ordinance to take effect, and be in force from and after its Passage.

Passed March 1st. 1841.—

Recorder.

 

The following appointments were made (by the City Council,) of High Constables for the .

was sworn into office.

Colr. J. Smith moved, that the office of supervisor of streets be declared vacant in consequence of the supervisor being neccessarily absent from the , which was carried unanimously.

was appointed Supervisor of Streets. The City was then appointed to act as Supervisor of Streets in the absence of that officer, and was sworn in.

Colr. J. Smith offered the following Resolution, which was seconded and Carried.—

Resolved. That the give notice to the person having encumbrance on the street at ’s House, and oblige him to have same removed within ten days.

 

Upon Motion of , it was resolved, that all Nuisances on the street which runs along the be removed by the Supervisor.

Colr. [p. 14]

Colr. J. Smith moved that the Council appoint some person to attend the County Commissioner’s Court to procure an appropriation for Roads in this Section of Country. and it was resolved unanimously that be appointed for that purpose, and that he perform that duty.

A vote of thanks was tendered to, and the freedom of the City of conferred upon, the Hon. Senator, for , by the City Council, unanimously.

Adjourned until 1 Oclock P. M. on Monday next March 8th. to meet at the same place

March 1st. 1841.

, Recorder.

City Council met pursuant to adjourment.— Meeting opened by Prayer.— Minutes of last Meeting Read.

Colr. J. Smith moved that the general Code of City Ordinances now before the Committee, be brought forward, seperately, for the convenience of discussion, which was seconded and Carried.

Upon Motion of Colr. J. Smith was appointed City Surveyor.

Upon Motion of Colr. J. Smith, was appointed Weigher and Sealer for the .

Upon Motion of . the City Assesor was appointed Collector of Taxes in the .

Upon Motion of Colr. J. Smith, was appointed Market Master for the .

, and , <​& ,​> were sworn into office, as High Constables for the .

was sworn in Supervisor of Streets.

Upon Motion of Colr. J. Smith, obtained liberty to address the Council respecting Nuisances, & he did so.

Upon Motion of Colr. J. Smith a further time of ten Days was extended to for removing the obstruction upon the Street at the Mill.

Upon [p. 15]

Upon Motion of , the Labour Tax for the Citizens of for this year was fixed at three Days.

Upon Motion of , the following Committee of four persons were appointed to assertain where work is most needed upon the Streets, and to report.

Adjourned until this day Week. to meet at one Oclock P. M. at the of Colr. Joseph Smith

March 8th. 1841.

, Recorder.

The City Council met agreeable to adjourment.— Meeting opened by Prayer.— Upon Motion of time was granted untill next meeting of Council for the Committee on Streets, to report.

stated that wishes to know if the Council will decide, whether his Mill will be permitted to remain where it is;— Colr. J. Smith moved, that the Mill be permitted to stand where it is, provided the owner of the Mill shall not intrude upon the rights of the Ferry.— Several of the Council spoke at length upon the subject matter of the motion.— It was then moved by that the Mill be altogether removed, which was seconded by Colr. and fully discussed & finally prevailed.

Colr. J. Smith moved, & it was unanimously carried that four months time be granted to the of the Mill to remove the same, or in default that it be removed at the expence of the .

was sworn in Weigher & Sealer.

Adjourned untill 1 Oclock on this day two weeks. to meet at same place.

March 15th. 1841.

, Recorder.

Monday [p. 16]

City Council met pursuant to adjourment.— Meeting opened by prayer.— Reading of the Minutes of the last meeting, dispensed with.

Colr. J. Smith moved an Ordinance respecting Dogs which was discussed & amended and finally passed as follows:

Sec. 1. Be it ordained by the City Council of the City of , That all persons who keep a Dog within the , be fined in the a sum not less than one Dollar, nor exceeding ten Dollars, provided the Dog is set upon Cattle or Hogs or molests any person.

Sec. 2. This ordinance to take effect, & be in force from and after its passage.— passed Mar. 29th. 1841.—

<​ Recorder.​>

 

It was moved by Colr. J. Smith & seconded & carried that the city , be ordered to survey the City of , and plots of , to accord with the City Plot of and make out a map to be recorded.

Colr. J. Smith moved and it was seconded & carried, that the Survey of the City Plot of the City of be recognised by this Council.— brought up the report of the Committee on Streets which was read so far as the same was prepared, and further time was obtained to report.

Adjourned to this day two weeks, to meet at same place at 1 oClock P. M.

March 29th. 1841.

, Recorder.

City Council met pursuant to adjourment.— Reading of the Minutes of last Meetings dispensed with untill next meeting.

brought forward the report of the Committee on Streets, which was accepted by vote.

Upon motion of , it was carried that the be instructed, & be exempt from working on streets in the 3rd. ward untill the 1st. of October next.—

Adjourned [p. 17]

Adjourned untill this day two weeks, to meet at one o’clock P. M. at same place

April 12th. 1841.

, Recorder.

Meeting opened and a majority of the Council being absent, it was moved by Colr. J. Smith and seconded and carried that the , be ordered to enforce the attendance of the Aldermen & Colrs. who are absent at one oclock on Saturday the 1st. Day of May, next, to which time, the Meeting is adjourned. and to be held at same place

April 26th. 1841

, Recorder.

Saturday May 1st. 1841.

City Council met pursuant to adjourment.— Meeting opened by Prayer.— It was carried by vote that the do notify the absent Colrs.to attend for<​th​>with:—

Minutes of the last three Meetings were Read.

Upon Motion of Colr. J. Smith it was resolved that the sympathies of this council be tendered to the relatives of deceased who was the Assessor for this

Lewis Robison was appointed Assessor <​& Collector​> in the place of deceased.

Colr. J. Smith moved and it was seconded and carried that a Bur[y]ing Ground be procured, out of the . and purchased at the expence of the .

It was adopted that Colrs. & be a Committee to procure a Bur[y]ing Ground.

Upon Motion of it was seconded & carried that ten acres be the quantity of Land to be procured for the Burying Ground

Colr. J. Smith moved, and it was seconded & carried that the be fined to the extent of the charter if he refuses to act in his office & that the give him notice thereof. [p. 18]

presented a petition from for liberty to put his Mill upon the outside Butment.

moved that petition be accepted, which <​was​> seconded, & after being debated, the motion was lost.

Upon Motion of a petition was granted (from ) that the be instructed to open that part of Wells street which is North of Knight street, as far North as Young Street & also that part of Young Street west of Knight Street to the next Corner by Mr. [Hugh] Herringshaw

Colr. J. Smith moved & it was adopted that the Citizens be protected for Killing all dogs running at large which are set upon Cattle, or Hogs, or molest any person.

Upon Motion of , it was resolved, that all persons who keep a Slut, & lets her run at large, while she has Dogs following her, be fined Twenty Dollars

Adjourned Sine Die.

May 1st. 1841

, Recorder.

City Council met pursuant to special appointment.

The stated the object of the Meeting.

spoke on the Subject of the Streets leading into the State Road.

Upon Motion of Colr. Joseph Smith it was unanimously carried, that Parley Street be the Street to be improved, to meet the State Road.

Upon Motion of , it was carried, that the Resolution of the 12th. day of April last, (exempting the from working upon the Streets in the third Ward, until the first of October next,) be rescinded.

Adjourned sine Die.

May 21st. 1841.

, Recorder.

Monday [p. 19]

City Council convened by special appointment.

Meeting opened by Prayer. Minutes of last Meeting Read.

The produced an address, recommending, that this Council cause Sunday the 18th. Inst. to be set apart, throughout this as a Day of public fasting, Humiliation, & Prayer. <​on account of the Death of ,​>. as a feeble Testimonial of our high regard, & great respect, for his public Services & private Virtues, as a Statesman & Citizen.— Upon Motion the address was received, & the recommendation unanimously adopted.

presented a Petition to have a publick Highway located to Commence at the North East Corner of Section 7 in Range 6 N. 8 W. & continue West on the Section Line to the .

Colr. J. Smith opposed, in as much as it wd. Cause fractional Lots.— It was agreed to, upon discussion, that the proposed Highway be put on a line on either side of the proposed Location, that is to say, on the best Ground North, or South, as the may think proper. It was then Resolved that a Survey be taken forthwith, & the Road be opened hereafter.

The Read a Law relative to the granting of Licences, and reccommended the making of an Ordinance to License sellers of vinous Liquors: subject was discussed, and it was Moved seconded & carried that any person or persons in the City of be at liberty to sell vinous Liquors in any quantity, subject to the City Laws heretofore made, & now in force.

The Stated that the principal object of the meeting was relative to an alledged variance between the survey of the City Plot of , & the map <​as​> recorded, some discussion took place upon the subject, after which the council adjourned, Sine Die.

July 12th. 1841

, Recorder. [p. 20]

City Council met by appointment.

was elected Colr. in the place of deceased.

and were elected Regents of the University of the City of , in the places of and , both deceased.

moved & it was seconded & carried that the City Assessor do lodge the usual Bond with the City and proceed <​with​> the Assessment.

It was unanimously adopted that be, and he is hereby appointed one of the Committee, (in the stead of ) to procure a Burying Ground.

Upon Motion it was carried that a <​the​> Committee to procure a Burying Ground be at liberty to purchase two Blocks for that purpose, one on each side of the , and so as to agree with the City Plot.

Moved seconded & carried that a <​the​> Committee to procure a Burying Ground be at liberty to lay off the same in such form as they may consider most suitable.

was appointed Sexton.

A Petition was granted (preferred by D[aniel] Cathcart and others) to open and grade that part of Partridge Street, North of Cutler Street.

Upon Motion the following Resolution was passed.

Resolved by the City Council of the City of , That the City , procure a Seal for the City of Corporation, and that orders be issued by Him under said Seal, to draw monies out of the City Treasury, signed by the Mayor, and Countersigned by the .

 

It was Resolved by <​the​> City Council of the City of . That the Bonds of the Assessor, & Collector, be one thousand Dollars. [p. 21]

appointed City Treasurer, and Bond to be given by him <​for​> One thousand Dollars.

Adjourned Sine Die.

September 4th. 1841

, Recorder.

City Council met pursuant to special Appointment. Minutes of last meeting Read.

A Petition from Jacob G. Bigler & others was presented and Read representing inconvenience to several Citizens for the want of a street to Wit:— Beginning at the North end of a street near the Brick House of , thence Running North across the half section the distance of half a Mile.

, & were appointed a Committee to inspect the Street mentd. in the above mentioned Petition, and to Report thereon.

It was moved seconded & carried that the Committee above named receive instruction and act in viewing other Streets deemed neccessary to be opened.

Upon Motion of it was adopted that the be instructed to direct the to have work done in the neighborhood of Genl. Smith’s dwelling House.

Upon Motion of it was carried that a Committee be appointed to view the best Ground to open a Street or Streets near the Lot to run from where a Street was opened to, untill it would extend to the Eastern limits of the Corporation being a Continuous route, and that they report at next Meeting.— Upon motion, & were appointed a Committe to view the last mentioned Ground.— Upon Motion of it was carried that some work be done on Parley Street, and the Street opened. [p. 22]

Upon Motion of it was carried that the Committee for purchasing Burying Ground, be instructed to report at next meeting.

Upon Motion of it was carried that the City Assessor procure necessary Documents to enable a him to Assess the City Taxes.

Upon Motion of , was appointed to act as City Marshall in the absence and until the return of the City who intends to go <​to​> .

Upon Motion it was carried that the be instructed to notify the High Constables of this That unless each of them do lodge a Bond (with Sufficient sureties) for five hundred Dollars each, with the City before the next meeting of this Council that they will be removed from said office for such neglect.

It was adopted by the City Council that the Bond of the Marshal be one thousand Dollars, and that do lodge a Bond with sufficient Sureties for that amt. with the City before the next meeting of the City Council.

It was moved and unanimously carried that the thanks of this Council be given to the City Marshal for his good conduct, zeal, and indefatigable exertions, for the welfare of this and the peace & tranquility of its inhabitants and Citizens since his appointment to office, and which is highly esteemed and appreciated by us.

It was moved and carried that the vote of thanks of this Council to the City be copied and certified by the and given to the .

Adjourned until 1 oclock on Saturday next to meet at Colr. ’s office.

October 16th. 1841.

, Recorder. [p. 23]

City Council met agreeable to appointment:—

Meeting opened by prayer.— Minutes of last meeting Read and amended.

Upon Motion of Colr. Joseph Smith the following Resolution was adopted: after considerable discussion

Resolved by the City Council of the City of that Certain Houses in the City of be, and the same are hereby declared to be Nuisances, to wit, a small frame House upon the Hill, near, the Lot, and old Houses upon Kimball’s Ground, namely the House wherein Mrs. Huntington Died, the House next to it on the North side, and the House wherein the family of Fisk Died, and that the House on the Hill be removed by Monday night, and the other houses in a week from this day; and that all vicious Dogs are declared to be a Nuisance and Counsellor J. Smith is hereby appointed to see that they be destroyed, also to see that all other Nuisances be removed.— Given at the City Council House. Which we Certify. Octr. 23rd.1841

Recorder.

 

brought forward the report of the Committee, on the Petition of Jacob G. Bigler & others (Dated September 3d 1841) for opening a Street. Petition granted & Route continued South to Mulholland Street.

The Committee appointed to view the ground to open a Street or Streets near the Lot, brought in their Report, which was amended, and adopted. That the Street be opened around Speer's Field, to meet the Prairie, and Mulholland Street to be opened entirely through the Fields.

Moved Seconded & carried that the Street, East of Warsaw Street between Mulholland, & Parley Streets, be opened. [p. 24]

moved and it was carried that the Street west of Winchesters between Parley Street and Mulholland street be opened, and continued North to Young Street

Upon motion of one of the Committee on Burying Ground further time was granted to next <​Meeting of Council​> to report fully.

It was moved & carried that ’s resignation as High Constable of the & declining to accept of the office of City marshal be accepted

<​appointed​> City Marshal, ad Interim, and was sworn accordingly, to act in the place of .

Lewis Robison appointed High Constable of the 3rd. ward in the place of resigned.

appointed High Constable of the 4th. ward in the place of resigned.

and were appointed Aldermen and added to the City Council

, , & were added Colrs. to City Council.

Adjourned to Saturday next at one oClock at same place

October 23rd. 1841.

, Recorder.

Saturday October 30th. 1841.

City Council met pursuant to adjourment:— Meeting opened by Prayer. Colr. , who was formerly appointed a Colr. subscribed his oath of office & the Aldermen & Colrs. who were appointed at last Meeting, subscribed their oaths & were sworn:— Minutes of last Meeting read, & amended.

one of the Committee respecting the Burying Ground, reported orally, and the report was accepted

A Petition was presented on behalf of relative to a Pauper who had been at his House for a length of time it was referred to a Committee viz: and to enquire into the Circumstances & report generally [p. 25]

Upon Motion of , it was carried that the Street east of Warsaw Street be openend from Parley Street to the Limits.

It was unaimously adopted <​that​> Counsellor at Law and be permitted to act as Lawyers in the discussion of the subject matter of the fine imposed upon .

It was moved & carried that the City Council have Jurisdiction and authority over all Fines imposed by the officers whether in retaining or remitting them.

Colr. Joseph Smith moved & it was seconded that the Fine imposed upon be remitted.

spoke at considerable length, on the part of , to have the fine imposed upon him, remitted.

spoke at length upon the propriety of a Confirmation of the fine.

Several of the City Council spoke on the motion in debate, and it was carried that the Council adjourn for two Hours:— Council met pursuant to adjourment

& were appointed Counsellors, in the City Council.

, & were appointed Aldermen of the .

was appointed High Constable in the place of resigned,— for the 4th. Ward.

The Freedom of this <​was​> conferred upon Esqr., & Esqr..

& were sworn into office.

spoke on the case of .

Esq. spoke on the same Case.

The spoke to a considerable length.

Colrs. J. Smith, & , both spoke at length.

It was carried by vote, that the Fine stand, & be, not Mitigated.

was sworn, as High Constable. [p. 26]

Counsellor J. Smith moved, that one hundred & twenty five Dollars, be appropriated for Damages, for the Building which was removed on the Hill, as a Nuisance.

The Motion was laid upon the Table.

Adjourned until Ten oClock A. M. on Monday next

October 30th. 1841.

, Recorder.

City Council met pursuant to adjournment.— Meeting opened by Prayer,— Minutes of last Meeting Read.

It was unanimously adopted, that the Swamp directly West of Counsellor s House, be drained, so soon as Circumstances permit.

Upon Motion of Colr. J. Smith, the Motion which was laid on the Table on Saturday Evening, (for Damages for the Building removed on the Hill) was taken up.

It was then adopted, that & Esq. be permitted to take part in discussing the Motion.

It was moved, & seconded, that the Council act, as if the Petition was on the part of .

Several of the Col. said they must know the Petrs. Name, before they could act.

signed his oath, & was Sworn.

signed his oath.

It was Moved & carried that the amount of Wages for the Supervisor of Streets, be fixed at one Dollar per Day.

A Bill was presented, to empower the Mayor to cause the Supervisor of Streets to appropriate the Road labour on the Streets ordered to be opened by the City Council, & other Streets already opened, as nearly equal, as the Condition of said Streets, & the Interests of the public may require.

After considerable discussion by sevl of the Council.

The stated that he had not power to appropriate equitably upon Streets already opened, & those to be here [p. 27] hereafter opened, & that the passage of the Law in question is necessary to enable him so to do.

It was moved & seconded, that the Words, “Mayor and Supervisor” be struck out of the Bill, as an amendment, which was opposed, & after long discussion.

The original Motion was withdrawn.

Adjourned until Six oClock this Evening.

Council met pursuant to adjournment.

sent in his Resignation as a Counsellor, which was accepted.

was unanimously appointed one of the City Council, in the stead of .

was duly appointed City Attorney.

A Petition was presented from , claiming Damages for the House which was removed on the Hill as a Nuisance, which was Read, & liberty given to amend, which was done.

Esq, & both spoke in support of the claim of the .

Several of the Council also spoke at length.

It was moved, seconded, & carried, that the Council approve of the Acts of the , as respects the Removal & destruction of the Nuisance.

A Motion was put, whether the Amt. of Damages claimed, be paid to , which was Lost.

Adjourned until one oClock P. M. on Saturday next to meet at same place. Novr. 1st. 1841.

Recorder.—

City Col. met pursuant. to adjournment.

— Meeting opened by Prayer.

Minutes of last Meeting Read.

Colr. was sworn into office, and Subscribed his oath.

The Petition of City Recorder relative to [p. 28] To a Desk, Books, & Stationary, was presented, & upon Motion, referred to Committee, namely, Colrs. , & .

Upon Motion of , it was Resolved that the City do lodge the usual Bond, with Surety, in the Sum of Five Hundred Dollars, as Recorder of this .

The Committee on 's Petition brought forward their report which was received, and after discussion liberty was granted, to to withdraw his Petition.

Upon Motion of the following Resolution was agreed <​to.​>

Resolved by the City Council of the City of , That this Council meet on every Saturday Evening at six oclock to discusss the Laws of the , and other business.— Novr. 6th. 1841.

 

Upon Motion of the follg. Resoln. was agreed to.

Resolved by the City Council of the City of , That this Council meet in Counsellor ’s office and that he recieve pay for the use of the Room, and for Fuel, & Candles, out of the City Treasury.

 

Upon Motion of the follg. Resoln. was agreed to.

Resolved by the City Council of the City of , That the City Assessor be instructed to assess all property both real & personal within the Limits, which is Taxable by the , for , and <​or​> purposes.—

 

Adjourned to 6 oclock P. M on Saturday next, at same place.

Novr. 6th. 1841.

, Recorder.

Saturday November 13th. 1841.

Council met agreeable to adjourment:— Meeting opened by Prayer.— Minutes of last meeting Read.

Colr. sworn and subscribed his oath of office.

Colr. Chairman of the Committee to whom the [p. 29] The s Petition was referred, presented their report, which was accepted, and the following resolution was agreed to.

It was unanimously adopted by the City Council of the City of . That the provide a Desk and suitable Books of Record, and also Stationary, and draw money from the City Treasury, to pay for the same and the above Property be kept at the Council House.

 

The presented his Bond which was accepted and it was adopted that it be lodged with the & it was handed to the for that purpose.

Colr. , presented a Petition from the City , Claiming payment for surveying Young Street Parley Street and other Streets: which was accepted, &. It was unanimously adopted by the City Council of the City of that the Claim of the City for a sum of Thirty two Dollars, be allowed,

Colr. J. Smith presented the following ordinance whch passed unanimously, after discussion

An Ordinance in relation to Appeals.

Sec. 1. Be it ordained by the City Council of the City of , that when an appeal is taken from any decision of the Mayor or Aldermen, to the Municipal Court, the person appealing shall give notice of his intention, immediately on the rendition of the Judgment, and within five Days thereafter he shall file an approved Bond with the Treasurer of the for all Costs, & costs that may accrue of which he shall give due Notice to the officer before whom the Judgment was obtained.— This act to take effect & be in force, from and after its Passage.

<​Passed Novr. 13th 1841.​>

Recorder.

 

Colr. J. Smith presented the following ordinance which passed unanimously after discussion.

An ordinance fixing the Compensation of the Mayor and Recorder of the City of . [p. 30]

Sec. 1. Be it ordained by the City Council of the City of That the Mayor & Recorder shall receive one hundred Dollars, each, for the current year, as a compensation for their Services. This Act to take effect and be in force, from and after its Passage.— passed Novr. 13th. 1841.

Recorder.

 

Colr. J. Smith presented the following Ordinance, which passed unanimously.

An Ordinance Concerning vagrants and Disorderly Persons.

Sec. 1. Be it ordained by the City Council of the City of . That all persons vagrants, Idle or disorderly persons; Persons found <​drunk​> in or about the Streets; all suspicious persons; Persons who have no fixed place of Residence, or visible means of support, or cannot give a good account of themselves; persons guilty of Profane or indecent language, or behaviour; persons guilty of using indecent, impertinent, or unbecoming language towards any City officer when in the discharge of his duty, or of menacing, threatening, or otherwise obstructing, said officer; shall on conviction thereof before the Mayor, or Municipal Court, be required to enter into security for good behaviour for a reasonable time, and indemnify the coporation against any charge, and in case of refusal or inability to give security, they shall be confined to labour for a time not exceeding ninety days, or be fined in any sum not exceeding five hundred Dollars; or be imprisoned not exceeding six months; or all; at the discretion of the <​said​> Mayor or Court. This act to take effect, and be in force from and after its Passage.— Passed Novr. 13th. 1841.

Recorder.

 

moved that the Resoln. passed on the 6th. Inst. relative to the assessment of Property, be reconsidered, & gave his Reasons therefor.

The [p. 31]

The gave an explination of the Rights, & powers, given by the City Charter, & the Right of the City Council to Tax the Citizens.

Colr. J. Smith spoke to considerable length, on the Subject of the right of Taxation, & the Taxation laid on by the , & soforth. Upon which the Motion was withdrawn.

moved that all Dogs in the , be assessed Five Dollars per Head.

Colr. J. Smith proposed an amendment, that it be 12½ Cents each. After considerable discussion, the amendment was lost by vote.— Origl. Motion, also Lost.

Adjourned to Saturday next, at 6 oClock, to same place

Novr. 13th. 1841.

, Recorder.

City Council met pursuant to adjournment.— Meeting opened by Prayer.— Minutes of last Meeting Read.

moved an Ordinance concerning Fire Arms, Parties litigant, & Witnesses. Which upon discussuion, was amended, & ultimately referred to a Select Committee, to wit, . . & .

moved that it be the duty of the Recorder to keep a detached File of all City Ordinances for the benefit of the City Council.— spoke in opposition.— wished the Resln. to pass.—

The obtained liberty to speak, & explained the manner in which he intended to keep the City Records.

Colr. said, he considered an Index sufficient.

withdrew his Motion.

The explained the Duties of the Mayor & Aldermen, in Criminal, & Civil Cases, as well as in their different capacities, of Justices, & Judges.— Adjourned to 6 oClock P. M. on, Saturday next.— Novr 20th. 1841.

, Recorder. [p. 32]

City Council met pursuant to Adjournment.

Meeting opened by Prayer.— Minutes of last Meeting Read.

Colr. presented a Petition from the City , upon which the following resoln. was adopted.

Resolved by the City Council of the City of , that the Certificate of the City , for Surveying the first Street South of Lumber Street, be received, & that he be allowed the Sum of Six Dollars and fifty Cents therein set forth.

 

Colr. brought forward the Report of the Committee, to whom the Ordinance concering Firearms, Parties litigant, & Witnesses was referred, which was adopted, in the following Ordinance, to wit.

Sec 1. Be it ordained by the City Council of the City of That if any person will fire or shoot a Gun, Pistol, or other fire Arms (Idly or for sport or amusement) in the night or on Sunday, the person so doing shall forfeit and pay a fine not exceeding fifty Dollars: Provided that nothing herein contained shall be construed to affect any officer of this , for <​firing or​> shooting as aforesaid while in the discharge <​Execution​> of his duty.

Sec. 2. That if any person shall prosecute another before the authorities of this (in a Criminal case), & fail to procure a Conviction said person shall be Taxed with the Costs of Suit, if said authorities shall consider it a malicious prosecution, if not the shall be liable for the costs thereof. This ordinance to take effect and be in force from and after its Passage.

Passed Novr. 27th. 1841.

Recorder.

 

Colr. Joseph Smith presented the following ordinance

Which passed unanimously after being read three times, and the rules dispensed with. [p. 33]

An Ordinance in Relation to Hawkers, Pedlars, & public shows & Exhibitions.

<​Repealed May 14th 1842​>Sec. 1. Be it ordained by the City Council of the City of . That it shall not be lawful for any person or persons, usually denominated hawkers and Pedlars, to hawk or carry about from place to place in this any goods, wares or merchandize, excepting such as are manufactored within the Limits of this Corporation, Who shall not, previously to selling or offering for sale, such goods wares or merchandize have obtained a License therefor from this corporation, signed by the Mayor & countersigned by the Recorder. for which he, she, or they shall at the time of obtaining the same, pay a sum not exceeding fifty Dollars nor less than ten Dollars; & such person or persons as aforesaid, who may be found hawking about any goods or merchandize, except as aforesaid & selling or offering the same for sale without a license therefor. shall forfeit and pay for each & every such offence the sum of twenty Dollars: and any person or persons who shall refuse to exhibit his, her, or their license so obtained, upon being required by any Citizen so to do, shall forfeit and pay the sum of five Dollars. for each & every such off Refusal: Provided, that nothing in the foregoing shall be construed to require a License for hawking about for sale any articles of Poultry, fish, meat, bread stuffs, butter, cheese, Eggs, or vegatables; or such perishable merchandize as is used for food.

Sec. 2. That all Licenses granted by this corporation to Hawkers or Pedlars, shall expire on the first Monday of November next following the date of such License.

Sec. 3. That any person or persons desiring to exhibit within this Corparation any curiosities of nature or art, not inconsistent with decency, or contrary to good morals, shall procure a License as aforesaid, for which he, she, or they shall pay a sum not exceeding fifty Dollars, nor [p. 34] nor less than ten Dollars; and the said License shall continue in force for one week and no longer: and such person or persons as aforesaid, who may be found in open violation of this section, shall forfeited and every pay for each & every such offence the sum of fifty Dollars: all exhibitions inconsistent with decency or contrary to good morals, are expressly prohibited under the penalty of one hundred Dollars for each offence.

Sec. 4. This Ordinance to take effect & be in force from & after its Passage. <​Passed​> Novr. 27th. 1841.

Recorder.

 

Upon Motion the following Resolution was adopted.

Resolved by the City Council of the City of , that the City be authorized by the City Council to procure seats for the use of said Council.

 

The informed the Aldermen last appointed that they are to represent the respective wards wherein they reside.

Upon Motion the following Resolution was adopted.

Resolved by the City Council of the City of that a majority of the entire City Council be considered requisite, and deemed necessary, to transact business in Council from time to time hereafter.

 

Upon Motion the follg. Resoln . was unanimously adopted,

Resolved by the City Council of the City of , that the authorities of this be authorized, to use a discretionary power in sending to a distance, for Persons, at the expence of the , in order to ferret out the perpetrators of Crime, or any secret combination against the peace of Society.

 

Adjourned to 6 oClock next Saturday Evening at same place

Novr. 27th. 1841.

, Recorder.

City [p. 35]

City Council met pursuant to adjourment:— Meeting opened by by Prayer:— Minutes of last Meeting read.

A Petition for the removal of the was presented, & accepted, containing a Charge of Palpable Omission of duty.

<​moved​> that the be removed from office

sworn and examined.— Cross Examd. by the .

Alderman sworn & Examined.

Sworn & Examd., & Cross Examd. by the .

Colr. J. Smith Sworn & Examd., & Interrogated by the .

Sworn & Examd, & Interd. by the .

, , , & , & Counsellors , White , , , & took part in the discussion, and a vote was taken <​by​> Ayes <​for​> & Noes <​agst., removal,​> as follows.

Ayes, , , , & . 4

Noes. , J. Smith, , , , , , , ; & The . 10.

Upon Motion of the following Resoln. <​was​> adopted

Resolved by the City Council of the City of , that the Resolution of this council of the 6th. Instant (whereby the time of Meeting of this Council was appointed to be at six oClock on every Saturday <​Evening​>) be rescineed [rescinded].

 

Upon the Motion of the follg. Resoln. was adopted

Resolved by the City Council of the City of , that this Council do meet in future, upon the 1st. & 3rd. Saturday of every month.

 

The Council then sat with closed doors for some time. & Adjourned until this day two weeks at the usual time <​& Place​>)

Decr. 4th. 1841.

, Recorder.

City Council met pursuant to adjourment:— Meeting opened by Prayer.— Minutes of last Meeting read.

The [p. 36]

The presented an address or comunication from <​him to​> the City Council, respecting , Editor of the New York Weekly Herald. Whereupon.

Genl. J. Smith offered the following Resolutions: to wit.

“Resolved by the City Council of the City of , That the high minded & honorable Editor of the New York Weekly Herald— , Esq. is deserving of the lasting gratitude of this Community, for his very liberal & unprejudiced Course towards us as a People, in giving us a fair hearing in his Paper,— thus enabling us to reach the Ears of a Portion of the Community, who, otherwise, would ever have remained ignorant of our principles & practices.

Resolved, that we Recommend to our fellow Citizens to subscribe for the New York Weekly Herald,” & thus be found patronising true Merit, Industry, & Enterprize.

 

Which Resolutions were carried, as follows; to wit.

<​Yeas​> J. Smith, , , , , ; , , , , , (Counsellors.)— , , , , , , , (Aldermen,) , (Mayor.) 19.— Nays None.—

presented a Petition from & others, to have a Street opened, which was referred to a Committee, viz, Colr. J. Smith, , and .—

Colr. J. Smith stated circumstances respecting a communication he had received, relative to Mobocracy, & said he wished a Law made, that Persons notifying others to leave their peaceable Homes, could be dealt with rigorously.

The addressed the Council, & related a circumstance which he stated had been told to some Person concerning him, (the ,) & which statement he declared to be false, & unfounded.—

Upon Motion of Colr. J. Smith, it was Resolved, That the first St. South of the , (Mulholland St.,) be carried out to the extent of the .

Adjourned [p. 37]

Adjourned until the first Saturday in Jan.y. next.

December 18th. 1841.

, Recorder.

City Col. met pursuant to adjournment,— Meeting opened by Prayer.— Minutes of last Meeting Read.—

, Sworn as Treasurer.

presented a Petn. from G. W. Hickerson & others, as a against opening Water Street, which was referred to (Colrs. J. Smith, , & ,) the Committee to whom the Petn. for opening that St., was heretofore referred.

The Council then Sat as a High Court of Impeachment in a case, wherein

Urial C. Nickerson was Complainant, and , (Alderman) was Defendant.

acted as Attorney or assistant to Complt, on part of — both by permission,—

The Charges against were for acting corruptly, partially, Erroneously, or through Error of Judgment, upon the hearing, & in the decision of Causes before him, as an Alderman of this , & for refusing to give a Transcript of proceedings had before him as an Alderman, as will appear by the Charges filed.—

The following are the Names of Witnesses produced, Sworn, and examined.

,— D. S. Smith,— Urial C. Nickerson,— ,— ,— ,— ,— David Sessions,— & Levi Bracken.

The spoke briefly upon part of the Evidence.—

spoke also upon part of the .

[p. 38]

spoke to Evidence, on part of Complt..—

The Complt. spoke upon the Testimony given.—

The following Counsellors spoke, & adverted to the Evidence.— (The made Observations,) To Wit, Joseph Smith, , , & ,

A vote was then called for, by Ayes & Noes, whether be guilty of all, or any, of the charges, preferred against him,—

The number of the Council present was 17, who voted in the affirmative for his acquittal, without a dissenting Voice.

Adjourned until Saturday Ev.g. Jany. 15th., Inst..—

January 1st. 1842.

, Recorder.

City Col. met pursuant to adjournment,— Meeting opened by Prayer,— Minutes of last Meeting Read.

A Petition was presented on behalf of & , praying that Lumber Street be opened to the full extent, as it is obstructed by Fence, which was referred to , Colrs , & .

moved a Petn. from Joseph Fisher & others, for opening Back Street from Mulholland Street, to Munson Street, referred to a Committee of , ; & .

The Petn. of John Burscough & others respecting a Street, was referred to a Committee, viz & , & .

The Petn. of for a Street to be opened, was referred to Colrs. , , & .

The Petn. of supervisor of Streets, allowed, for a Sum of $36,12½, for 35¼ days ‘Work on Streets, & 87½ <​cts​> Smith Work included.

The [p. 39]

The Petition of City Surveyor, was allowed, for Three Dollars, for Surveying the first Street East of Warsaw Street.

The Petition of for $52,50, was allowed, as per his account furnished.

The Petition of was allowed, for Five Dollars, for Summoning City Council, & noticing Aldermen to lodge Bonds, noticing Assessor & Collector, & to do the like, also the High Constables, & posting up ordinances, & Resolutions.

Colr. moved a Resolution, that this Col take it into consideration, whether this Col. shall have pay for their services, & if so, what Amount.

Colrs. , , & all spoke in favour of the Motion, Colr. said he would wish to have a full Meeting, or at least, another Meeting, before a Law would be passed, & stated, he considers the People are Poor. Aldmn. , & spoke, the latter to great length, & Colr. spoke again, all in support of the Motion, &; It was Resolved, that the City Council shall have pay for their Services

Colr. Moved a Resoln., that the City Council & Committees, shall be paid the Sum of Two dollars per Day, each, for their Services as Colrs., & Committees of this Council, & spoke in support of it,

Colr. , Aldmn. , & , as also others of the Col. spoke in favour of the resoln., An amendment was moved, that the Sum be made one Dollar each per day, which was lost by vote, & the Original Resolution carried.

Colr. applied on the part of , that he be instructed in his Duty as Weigher & Sealer. was permitted to speak, & he gave an Idea of the mode of adjusting & Sealing Weights & Measures, This matter was discussed at some length by the Col. but no decision made.

The [p. 40]

Committee

of Ways & Means— Joseph Smith, , & .

on Claims— , , & .

on public Grounds— , , & .

on Finance— , , & .

on Municipal Laws— J. Smith, , & .

Upon Motion of . It was Resolved, that the City Marshal receive the same pay for his Term se Time as one of the City Counsellors.

Upon Motion of , It was Resolved that the Sexton have Two Dollars for digging each Grave, & interring a Body, & that no other Person or Persons shall have the priviledge so to do, in any case, unless by permission of the Sexton, and that the Sexton do keep a Book Record of all the Interments.

Upon Motion of Colr. , that this Council procure a complete plot of the , for their use, the same was referred to the committee of Ways & Means.

Upon Motion of Colr , that this Col. appoint a Committee to buy a Lot for, & prepare a House for the Council, It was Ordered that the Resolution be laid on the Table.

The Subject Matter of the burying Ground was spoken upon, as regards the obtaining of a Title Deed for same.

Adjourned until Saturday next, to hold a Special Meeting at Six oClock p. M. at the Col. Room.

Jany. 15th. 1842.

, Recorder.

The City Council met pursuant to adjournment.

Meeting opened by Prayer— Minutes of last Meeting Read.

The presented a communication to the City Council cont.g. [p. 41] Containing several Rules & Regulations for the City Council, embracing the Order of proceeding in Council, the Rights & priviledges of the Members, & Duties of the officers &c, which was read, & Referred to the Committee on Municipal Laws.

The Committee to whom a Petition was referred, respecting a Street which Colr. Petitioned for, & wished to be opened, brought in their Report, which was received, & the Petition granted, by the following Resoln..

Resolved by the City Council of the City of , that Harris Street be opened from the , running East till near Mr. Baties West Line, thence South one Block thence East to the East Line of Mr. Moffitts Farm, thence South two Blocks to the North Line of s Farm, thence East to the Eastern Bounds of the .

passed Jan.y. 22nd. 1842.

— Recorder.

 

The Committee to whom was referred the Petition for the opening a Street running on the South side of the , between Hibbard & Doil, from the East to the limits of the , brought in their Report, upon which , , , , & spoke in debate, & same was adopted as follows.

Resolved <​by​> the City Council of the City of , that the Street Seven Rods North of the Line running on the South side of the , (between Hibbard & Doil from the East to the limits of the ,) be opened, as it has been Surveyed, & is on the best Ground, & that it vary a little where it is now laid, from the Creek by Caspers East, and to extend no further West at this time, than the first Street East of Warsaw Street.

Passed Jan.y. 22nd. 1842.

Recorder.

 

The Committee on the petition for the opening of Back Street, brought in their Report, which was accepted, [p. 42] , & spoke in discussion, & the folllowing Resolution was adopted.

Resolved by the City Council of the City of , that Back Street be opened from Mulholland Street to Munson Street.

Passed Jan.y. 22nd. 1842.

Recorder.

 

The Committee of Ways & Means brought forward their Report respecting a Plot of the , which was accepted, & adopted by the following Resoln..

Resolved by the City Council of the City of , that a complete Plot of the be procured for the use of the City Council.

passed Jan.y. 22nd. 1842.

Recorder.

 

The presented an Ordinance for fixing the Compensation of the City Council, & for other purposes, which recd. the first & second Readings, & was Ordered to be Engrossed.

Colr. spoke in support of the Bill.

The spoke in explination of the views with which he prepared the Bill.

moved an Amendment to strike out the second Saturday in each Month, & insert the first Monday in each Quarter, commencing on the first Monday in March next,— Which amendment was lost on Vote. The Bill received the third Reading, & passed, by the above Title, to Wit.

Sec. 1. Be it Ordained by the City Council of the City of , that from & after the passage of this Ordinance, the City Council shall meet on the 2nd. Saturday of every Month at 10 OClock A. M. & shall continue in Session during the day, & Evening, if the business of the requires it,— allowing one Hour [p. 43] Hour for Dinner, and one for Supper; & the said Monthly Meetings shall be called “The Regular Meetings of the City Council.”

Sec. 2. Each Member of the City Council & the Recorder, & Marshal, shall be allowed Two Dollars per Day for attendance, Cooperation, & Services, at said Regular Meetings: & each Person aforesaid shall be fined in the Sum of Two Dollars for neglecting to attend at any such regular Meeting, without an excuse satisfactory to the City Council, & for each part of a Day so attended, or neglected, a proportionate allowance, or fine, shall be granted, or assessed, as the Case may be.

Sec. 3. It is hereby made the duty of the Recorder to keep a just & accurate Record of the Members present, including the Recorder & Marshal, at every such regular Meeting, together with a full list of Absentees, which list shall be returned to the Mayor for collection of Fines quarterly.

Sec. 4. Special Meetings of the City Council, called by Order of the Mayor, by Summons or otherwise, shall be governed by the aforesaid Regulations.

Sec. 5. All ordinances, or parts of ordinances, contrary to the Provisions of this Ordinance, are hereby Repealed. This ordinance to take effect & be in force, from & after its Passage.

Passed Jan.y. 22nd. 1842.

Recorder.

 

The following were this Day appointed to be the Committee of Ways & Means.

The Committee on the Mayors Communication, brought in their Report, which was <​accepted, &​> discussed, so far as regards Amendments or Alterations made by them,

The [p. 44]

The Communication as amended, was adopted by a vote of Ayes & Noes. to wit Ayes 21,— Noes, none.— Absent 4.—

Mayors office, City of , Illinois, Jan.y. 22nd. A. D. 1842.

Gentlemen of the City Council,

Aldermen, & Councillors. I have carefully selected & prepared the following “Rules of Order of the City Council of the City of ,” & present them for your adoption. To Wit.

1st.. The Mayor, or President pro tempore, shall take the Chair & organize the Council, within thirty Minutes after the Arrival of the Hour to which it shall have been adjourned, and, while presiding, shall restrain all Conversation irrelevent to the business then under Consideration.

2nd.. The Mayor having taken the Chair, & a quorum (which shall consist of a Majority of the entire Council) being present, the Council shall be opened by prayer, after which the Journal of the preceding Meeting shall be read by the Recorder, to the end that any mistake may be corrected that shall have been made in the Entries; after which no alteration of the Journal shall be permitted. without the unanimous consent of the Members present.

3rd.. The Mayor shall decide all questions of Order— subject, nevertheless, to an appeal to the Council, by any Member.

4th.. When the question is taken on any Subject under Consideration, the Mayor shall call on the Members in the affirmative to say, Aye,— those in the negative to say, no,— & he shall declare the result. When doubts arise on the decision, he may call on the Members voting to rise, or take the Yeas and nays— the yeas and nays, likewise, may be taken on the Call of any four Members.

5th.. The Mayor shall have a right to vote on all Occasions; & [p. 45] And when his vote renders the division equal, the question shall be lost.

6th.. The Mayor shall sign his Name to all acts, addresses, & Resolutions of the Council.

7th.. The Council shall Elect a Vice Mayor, to serve as President pro tempore, who shall preside during the absence of the Mayor, & who shall be chosen by Ballot; & a majority of the votes of the Members present shall be necessary to a Choice.

8th.. If at any Meeting when a Majority shall be assembled, neither the Mayor. nor the president pro tempore, shall be present. the Council shall proceed to the Election of a President for that Meeting.

9th.. The Recorder shall keep a Journal of the Proceedings of the Council, & shall enter therein whatever a Majority of the Members shall Order; & in all Cases, the Yeas & Nays, or dissent of any Member, when required to do so.

10th.. The Recorder shall read whatever is laid before the Council for the consideration of the Members, and shall Countersign every Act, address, or resolution, passed by the Council, noting the Date of its Passage.

11th. When the Yeas & Nays are called upon any Question, The Recorder shall read over distinctly, first, the Names of the Members who voted in the affirmative; & next, the names of those who voted in the negative.

12th.. The Marshal shall serve as Door Keeper, and Sergeant at Arms, to the Council.

13th.. After the reading of the Journal of the preceding Meeting, the Mayor shall call for Petitions, & no Petition shall be received thereafter unless by unanimous consent.

14th.. [p. 46]

14th.. Petitions having been called for & disposed of, Reports of standing Committees shall next be received, then Reports of Select Committees, & then any miscellaneous Business shall be in order.

15th.. The Mayor shall always be at liberty to deliver his Sentiments in debate, on any question before the Col., but when the Mayor speaks, it shall be from his Chair.

16th.. In cases of disorderly conduct in Spectators, The Mayor may either order the persons out, committing the disorder; have the room cleared; or fine or commit the offenders to Prison, for Contempt.

17th.. When any Member is about to speak in Debate, or offer any Matter to the Council, he shall rise from his Seat, & address the Mayor as “Mr. President”, & avoid Personalities.

18th.. When two Members rise at the same time, the Mayor shall Name the Person to speak, but in all other cases the Member first rising shall speak first. No Member shall speak more than three times to the same question, without leave of the Council, nor speak more than twice without leave, until every Person, choosing to speak shall have spoken.

19th.. Any Member may call another to order, & when a Member is so called to order, he shall immediately desist speaking, until the Mayor decide whether he is in order, or not; & every question of Order shall be decided without debate; but any Member may appeal from his decision, to the Council; if the decision be in favour of the Member called to Order, he shall be at liberty to proceed; if otherwise, the Council shall determine upon the propriety of his proceeding with his Observations.

20th.. When a question has been taken & carried in the Affirmative or Negative, it shall be in order [p. 47] Order for any Member of the Majority to move for the reconsideration thereof; but no Motion for the reconsideration of any Vote shall be in Order, after the paper upon which the same shall have been taken, shall have gone out of the possn. of the Col..

21st.. No Motion, or proposition, shall be received as an amendment which shall be a substitute for the proposition before the Council; but nothing shall be considered a Substitute which shall have relation to the subject Matter under Consideration.

22nd.. When the Yeas & Nays are called, every Member shall Vote, unless specially excused; and in voting by Yeas & Nays, the Councillors shall be called first, the Aldermen next, & the Mayor last.

23rd.. When a Motion is made & Seconded, it shall be reduced to writing, & shall be first read aloud before any order be taken thereon; but the question, “Will the Council now consider it,” shall not be put, unless called for by a Member, or is deemed necessary by the Mayor: & on Motions to amend, the question of Consideration shall in no Case be put.

24th.. Any Motion may be withdrawn or modified by the Mover, at any time before a final decision or Amendment.

25th.. When a question is under debate, no Motion shall be received but to adjourn, to lie on the Table, for the previous question, to postpone indefinitely, to postpone to a Day certain, to commit, or to amend; which several Motions shall have precedence in the order they stand Arranged. A Motion to strike out the enacting Words of a Bill, shall have precedence of a Motion to amend, &, if carried, shall be considered a rejection— And a Motion to refer to a standing Committee, shall have precedence of one [p. 48] One to refer to a select Committee. A Motion to Adjourn shall always be in Order; that, & a Motion to lie on the Table, shall be taken without debate.

26th.. The previous question shall be in this Form, “Shall the Main question be now put?” It shall only be admitted when demanded by a Majority of the Members present; until it is decided, shall preclude all Amendment & further debate on the Main question, & upon said question there shall be no debate.

27th.. Any Member may call for the division of a Question where the sense will admit of it, but a question to strike out & insert, shall be indivisible.

28th.. When a Question is carried in the affirmative by Yeas & Nays any Member may enter on the Journal, his reasons for dissenting.

29th.. It shall not be in Order to introduce a Bill, unless by way of Report from Committee, or leave be previously asked & obtained.

30th.. Every Bill or Resolution requiring the Signature of the Mayor & Recorder, shall receive three several Reading's previous to its Passage.

31st.. The first reading of a Bill shall be for information, & if opposition be made to it, the question shall be, “Shall this Bill be rejected?” If no opposition be made it shall go to the second reading without a question, when it shall be open for discussion and amendment, or such order as the Council may think proper to take, except the question on the Passage thereof, which can only be taken, on the day of the introduction of the Bill, by the Consent of two thirds of the Members present.

32nd.. Before any Bill or Resolution requiring the Signature of the Mayor & Recorder, shall be read a third Time, the question shall be put “Shall this Bill be read a third time?” & if a Majority of the [p. 49] The Members present shall not Vote in the affirmative, the same shall be declared to be rejected.

33rd.. On the third Reading of a Bill, the question shall be on its passage, but it may be committed at any Time previous to its Passage.

34th.. When a Blank is to be filled, & different Sums or Dates are proposed, the question shall be first taken on the highest Sum or longest Date, & thence downwards.

35th.. The Council may at any time, suspend any of its rules by a majority of threefourths of the Members Present.

36th. After the arrival of the Hour to which the Council may stand adjourned, no Member who may have appeared, shall absent himself without leave of those Present, or of the Council when formed.

37th.. All standing & Select Committees shall be appointed by the Mayor, unless otherwise directed, & the first named Member shall be the Chairman. The following Standing Committees shall be appointed, to Wit:

A [p. 50]

38th.. All Motions for amendment of the Rules shall be submitted one Month previous to a final determination thereof, unless threefourths of the Members present shall assent that it shall be finally acted on the day on which it is submitted.

39th.. In Balloting for Committees, a plurality of votes shall be sufficient to make a choice, but in other cases a majority of the whole number of votes shall be required to decide.

All of which is respectfully submitted.

<​passed Jan.y. 22nd. 1842.​>

, Recorder.—

 

The Assessor brought in his Book of Assessment of the Property of the Citizens, as a Report, which was referred to the Committee of Ways & Means, who appointed to meet at the Council room on Thursday next, to investigate the Assessment, & ascertain the expences of the for the Current year &c..

The [p. 51]

The Mayors Communication as amended & reported upon, was Ordered to be published in the Times & Seasons, & 30 Extra Copies to be got for the use of the Council.

Genl. J. Smith was Elected Vice Mayor, by Ballot, viz.

It was unanimously adopted, that Genl. be allowed one Dollar per Day for the use of the room & Fuel & Candles, for twelve Days, amounting to Twelve Dollars.

Genl. J. Smith, Sworn in Vice Mayor of the .

The then announced the following Committees, <​to​> wit

<​Committee of——​>

Ways and Means— Joseph Smith, , , & .

Improvement— , , , & .

Claims— , , & .

Unfinished Business— , & .

Elections— , , & .

Police.— , , , & .

Municipal Laws— , , , , & Joseph Smith.

Public Grounds.— , , , & .

Public Works.— Joseph Smith, , & .

, Recorder

Jan.y. 22nd. 1842.

 

presented an ordinance in relation to Dogs, which was rejected.

The was instructed to make out a list of Expences granted by the City Council, & have same ready for the use of the Committee of Ways & Means, on Thursday next.— Adjourned to 2nd. Satd.y. in Feb.y. next.— [p. 52]

The City Council of the City of do hereby allow the claim of , for a sum of Eleven Dollars & fifty Cents, for Measures furnished by him.

Feb.y. 12th. 1842.

Recorder.

Resolved by the City Council of the City of That the Streets of the running East & West, north of North Street, be called North first Street, North second Street, North third Street, and so forth, numerically, to the extent of the limits North, and that the Streets South of South Street, running in the same direction, be called South first Street, South second Street, South third Street, and so forth to the extent of the limits South. —

passed Feb.y. 12th. 1842.

, Recorder.

Resolved by the City Council of the City of , that Young Street be opened through to the Eastern Boundary of the City of , & that Mulholland Street be not opened further than ’s Farm <​at​> present.

passed Feb.y.12th. 1842.

— Recorder.

Resolved by the City Council of the City of , that the Select Committee be released, & the business of the burying Ground be transferred to the standing Committee on public Grounds.

passed Feb.y. 12th. 1842.

, Recorder.

Resolved by the City Council of the City of , that Water Street be not opened at this time.

passed Feb.y. 12th. 1842.

, Recorder.

Resolved [p. 53]

Resolved by the City Council of the City of , that the Road labour Tax be Assessed at Three Days for the year of A. D. 1842.

passed Feb.y. 12th. 1842.

, Recorder.

Sec. 1. Be it ordained by the City Council of the City of , that no Person or Persons whatsoever shall, after the publication of this act, sell or expose to sale by way of vendue, or auction, any Property, Real or Personal, within the City of , unless such Person or Persons shall reside within the said , & first obtain a License for the purpose from the Mayor, for which such Person or Persons shall pay to the Corporation, not exceeding one hundred Dollars, and give Bond to the Mayor and Council, with two good Securities, in the Sum of one Thousand Dollars, for the honest and due performance of all the Duties required by Law.

Sec. 2. That if any Person or Persons shall be found selling or disposing of any Property real or personal within the City of , by way of vendue, or Auction, without having obtained such License, & given such Security, as aforesaid, such Person or Persons so offending, & being thereof lawfully convicted, shall forfeit & pay to the corporation, the sum of Twenty five Dollars for every Lot which he or they shall have <​so​> Sold.

Sec. 3. That the Auctioneer or Auctioneers licensed as aforesaid, shall receive all Articles which he or they shall be required to sell at auction, giving his or their receipt for the same, if required, and within Ten Days after any Sale made, shall deliver a fair account of the same, & pay the amount thereof to the Person or Persons entitled thereto, deducting therefrom, the Fees & Commissions hereafter allowed, that is to say, on the Amount of [p. 54] of the sale of personal Property of every description, a Commission of five per Cent, except public Securities, & Bank or other incorporated Stocks, respecting which a different Rate is hereinafter prescribed, & on the Amount of Sale of Real Estate, public Securities & Bank or other incorporated Stocks, two per Cent, on the first Two hundred Dollars, & one per Cent on the next one Thousand three hundred Dollars; & if the amount of Sales shall exceed fifteen hundred Dollars, then one fourth of one per Cent. on such excess; & when the said Auctioneer or Auctioneers shall let by auction any Real Property, on ground rent, he or they shall be entitled to receive a Commission on a Sum equal to Ten years amount of such Rent; & in all Cases when any article shall be actually exposed to sale, which shall not be sold, by reason of its not producing the price at which it may be limitted, it shall be lawful for the Auctioneer or Auctioneers to demand & receive, on the Sum at which such Article shall have been struck off, one fourth of the Commission which he or they would have been entitled to receive, had it been actually Sold; & every auctioneer who shall demand or receive any Fees or Commissions not allowed by Law, or greater Fees or Commissions than are so allowed, shall forfeit four Times the amount of Fees & Commissions so demanded or received, to the use of the Person or Persons on whom such demand shall be made, or from whom such Fees or Commissions shall be received. Provided that nothing herein contained shall be construed to prevent any Auctioneer from charging and receiving a reasonable Compensation for extra trouble for services rendered.

Sec. 4. That no Person or Persons, licensed as aforesaid, shall receive Goods for Sale, of any Servant or Minor, unless accompanied by a certificate from the owner or owners thereof, nor expose to public Sale any Real or personal Property, without first making out in [p. 55] In writing, & signing, & publicly reading the Conditions of Sale, nor without advertising the property intended for sale, & the time & place of Sale in a Newspaper, or by posting up Notices in three public Places in the ; & also giving Notice of the same by a Crier & the ringing of a Bell.

Sec. 5. That no Auctioneer or Auctioneers shall, either directly or indirectly, purchase at auction any article or articles put up to sale by him or them, except for his or their own use, & not to sell again, under a penalty of Twenty five Dollars, for every such offence.

Sec. 6. That no Auctioneer or Auctioneers shall sell by auction dry Goods or Groceries, in Lots or Parcels of less value than five Dollars, or Liquors of any kind in less quantities than five Gallons, under the Penalty of Five Dollars for every offence.

Sec. 7. That in no Case where two or more Persons shall take out a joint License as Auctioneers, shall it be lawful for any of them, under colour thereof, to hold seperate auctions, or to sell at more than one Place at one & the same time; but the said License shall be construed to confer no greater privilege or authority than if the same were granted to a Single Person; & that if any of the Persons who may have taken out a joint License as aforesaid, shall violate this Provision, he or they shall forfeit & pay the same Penalty for every offence, as is imposed on any Person who shall Sell as an Auctioneer, without having taken out a License, & given Security, as hereinbefore required.

Sec. 8. That from & after the passage of this act, there shall be levied & paid to this Corporation, a duty on the amount of all Sales at Auction by the Auctioneers Licensed pursuant to the Laws thereof, at the following Rates, that is to say; upon all Real Estate, public Securities, Bank & other incorporated Stocks, [p. 56] Stocks, at the Rate of One fourth of One per Cent: upon all Watches, Jewelry, Cutlery, perfumery, & Stationary, at the rate of five per Cent; & upon all other Goods, articles, or Things, of whatever sort or kind, whether in the Raw or manufactured State, at the rate of One per Cent, except on Sales of any Property at Auction, made under any Order, Decree, Sentence, or Judgment of any Court of the , or of any Justice of the Peace, or by Virtue of any Distress for Rent, all of which are hereby exempted from the Duties imposed by this act.

Sec. 9. That it shall be incumbent on every Auctioneer, licensed as aforesaid, to deduct from the proceeds of all Sales made by him, the Duties herein before directed to be levied, & to pay over the same to the Treasurer of this Corporation, for its use & benefit, once in every three Months; & in accounting for such Duties, it shall also be incumbent on every such Auctioneer to make his return under the Solemn Sanction of an Oath or affirmation, & to exhibit to the Treasurer aforesaid whereever required by him, the Books of Sales of such Auctioneer, in order to enable the Treasurer to ascertain the Correctness of the Returns aforesaid; & in Case any such auctioneer shall fail strictly to perform the Duties hereby imposed on him, or to account accurately for, & pay over, as above prescribed, the Revenue payable to this Corporation on Sales at auction by him, or to exhibit his Books, as aforesaid, he shall forfeit his License, & be, moreover, liable to a Penalty of Fifty Dollars, & to a further Penalty of Twenty Dollars for every Day which shall elapse after a default shall be made in payment of the said Duties, or in rendering his Returns, or in exhibiting his Books, agreeably to this Section, until he shall comply with the directions it contains; & all Penalties accruing under it shall be for the Sole use & benefit of this Corporation.

Sec. [p. 57]

Sec. 10. That in Case any Person or Persons who shall have become the surety or sureties for the faithful performance of the Duties of any Auctioneer or Auctioneers, licensed as aforesaid, shall Die, remove from the City of , or become Insolvent, The Mayor shall, & he is hereby authorized & empowered, to demand other satisfactory Security or Securities, for the due performance of such Duties; & in case such satisfactory security or securities shall not be given within Eight Days, the License taken out by such Auctioneer or Auctioneers shall thenceforth become, & is hereby declared to be, null & void, to all intents & purposes as if the same had never been granted; & whenever the Mayor shall have been informed that the License of any Auctioneer or Auctioneers shall have expired, or that he or they shall have failed to comply with the requisitions of the Law, so that such License be no longer in force, the Mayor shall, at the expiration of eight days, give public notice thereof.

Sec. 11. That the Auctioneer or Auctioneers licensed as aforesaid, shall constantly keep a fair Copy of this Law in some conspicuous Place in his or their Auction Room, for the inspection of the public; & if he or they shall fail so to do, he or they shall forfeit & pay a Penalty of Twenty Dollars.

Passed February 12th. 1842.—

, Recorder.

Resolved by the City Council of the City of , that the Committee of public Grounds be authorized to proceed forthwith, & do all Acts & Things that they may consider necessary, in Relation to the Burying Ground, or Grounds, & that the Mayor & Recorder be directed to Consummate such acts, of said Committee, all of which [p. 58] Which to be Reported to the next Council.

passed February 17th. 1842.

, Recorder.

Resolved by the City Council of the City of , that the City Tax for 1841, be assessed at one half of one per Cent, on all Taxable Property.

Passed 17th. Feb.y. 1842.

, Recorder.

Resolved by the City Council of the City of , that the Claim of Carlos Gove for Lumber, Nails, Butts, Screws, & labour, in making Desks & Seats for the City Council, be allowed, for Nine Dollars & thirty seven & one half Cents, being the balance due him.

Passed Feby. 17th. 1842.—

, Recorder.

Resolved by the City Council of the City of , that the case of Urial C. Nickerson versus , is a malicious Prosectuion, & that said Nickerson be Taxed with the Costs of Suit.

Passed Feb.y. 17th. 1842.

, Recorder.

Resolved by the City Council of the City of , that the Monies resigned by the City Council, or any part of them, if not disposed of by themselves, become a poor Fund, to be appropriated hereafter for the benefit of the Poor of the City of .

passed Feb.y. 17th. [18th] 1842.

Recorder.

It was Ordered, upon Motion of the Vice Mayor, that Bluff Street be opened from Mulholland Street to Munson Street.

<​Feb.y. 17th. [18th] 1842.​>

, Recorder. [p. 59]

The Vice Mayor, Councillors , , & Assigned their Fees as Councillors for the , in favor of the , until further Notice.

resigned up his Fees for the past year. Colr. resigned his claim to pay, as a City Councillor, up to this time, in favour of the Blind Inhabitants of the fourth Ward of this , to be equally divided amongst them.

Colr. resigned his pay as Colr., for the time past, and the present year, except any Fines which may be levied on him.

<​Feb.y. 17th.[–18th] 1842.​>

, Recorder.

Upon Report of the Comittee it was Adopted, that the City Assessment, amounting to $140,128⁰⁰/₁₀₀, be accepted.

<​Adopted Feb.y. 17th. [18th] 1842.​>

, Recorder.

Resolved by the City Council of the City of , that when Property is sold at Sheriffs, Marshals, or Constables Sale, under the ordinances of this , the Persons having their Property Sold shall have the privilege to redeem the same, by paying the Principal, and fifteen per Cent on Principal, with Cost and Charges, within thirty days after Sale.

passed March 5th. 1842.

, Recorder.

Adopted by the City Council of the City of , that the Street running South from Parley to Lumber Street, between Charles Hubbard, Bently, Taylor &c, be opened, and that said Street be called Rich Street.

adopted March 5th. 1842.

, Recorder.

Upon Report of the Committee, It was adopted that the Delinquents for labour Tax upon the Streets, be required to [p. 60] To pay, or work out the amount on the Streets by the first of July next, in this year.

Adopted March 5th. 1842.

, Recorder.

Resolved by the City Council of the City of , that those Wells in or near the Centre of Streets, be ordered to be filled up by the Owners, within thirty Days, otherwise to be done by the Authorities of the at the owners expence, and that no Well shall hereafter be dug in any Street, except by order of the City Council, and also that all Wells on the Sides of Streets shall be well and sufficiently curbed within twenty Days, or be filled up as aforesaid, and that all excavations be filled up as aforesaid.

passed March 5th. 1842.

Recorder.

It is hereby Adopted by the City Council of the City of , upon the Report of the Committee, that the Street running South East of Warsaw Street, heretofore Ordered open, be discontinued at its Junction with Knight Street, instead of Mulholland Street.

Adopted March 5th. 1842.

, Recorder.

Adopted by the City Council of the City of , upon a report, that the following Names be given to the following numbered Streets, from Warsaw Street Eastward, to wit, 1 Fulmer, 2 Rich, 3 Green, 4 Barlow, 5 Winchester, 6 Brigham, 7 Bagby, 8 Spears, 9 Bennett, 10 Richards, 11 Sloan, 12 Marks.—

adopted March 5th. 1842.

Recorder.

Resolved. [p. 61]

Resolved by the City Council of the City of , that the Inhabitants of this who shall not keep their Children at Home (except on lawful business,) on Sundays, and from skating on the Ice, and from marauding upon their Neighbours Property, and any Persons refusing to do the same, shall pay five Dollars Fine for every offence for the same.

passed March 5th. 1842.

, Recorder.

Sec. 1. Be it Ordained by the City Council of the City of , that there shall be appointed biennially on the fourth Monday of June, and whenever a vacancy shall Occur, a suitable Person to be sealer of Weights and Measures, who shall before he enters on the Duties of his office, enter into Bond, with security to the satisfaction of the Mayor in the Sum of One hundred Dollars, for the faithful discharge of his Duty, and take and Subscribe the following Oath or Affirmation before the Mayor or other Justice of the Peace: “I do solemnly Swear (or affirm) that I will diligently, faithfully, and impartially execute the Duties of my office, without favor or affection.”

Sec. 2. That the Sealer of Weights and Measures shall keep an office near the Centre of the , and shall have the keeping of such Standard Weights and Measures as now are, or hereafter shall be provided by the Corporation; which shall be used only as the Standards for Weights and Measures.

Sec. 3. That the Sealer of Weights and Measures shall rectify, and brand or Seal with the Letter W all Scale Beams, Weights, and Measures, that may be brought to his office for that purpose, as near the upper edge or ends thereof as possible; for [p. 62] for each of which he shall receive, from the respective owners thereof, twenty cents, and double that Sum if rectified, branded or Sealed at any other place. And if he shall neglect to rectify, brand or Seal any Scale Beams, Weights or Measures, within three days after the same shall have been brought to his office, he shall incur a Penalty of Five Dollars for every such neglect.

Sec. 4. That the Sealer of Weights and Measures shall, under a Penalty of twenty Dollars for each neglect, at least once in every Six Months, between the rising and setting of the Sun, enter every Store, Shop, Market, or other Place where Goods are Sold within this , and examine the Scales, Weights, and Measures, if any therein; and if any Scale Beams, Weights, or Measures should be found without the official Stamp, brand, or Seal, of the Sealer of Weights and Measures, or deficient, or exceeding in Weight or Measure, the same shall be forfeited to the corporation, and Seized by the Sealer of Weights and Measures; and the Person in whose Possession such Scale Beam, Weight, or Measure shall be found, shall pay a fine of one Dollar for each and every such Scale Beam, Weight or Measure: Provided, that nothing herein contained shall be construed to prevent any Manufacturer, or other Person, from keeping Scale Beams, Weights and Measures for Sale, in which Case, such Person shall previously give information thereof to the Recorder, on failing to do which, he shall incur the said Penalty.

Sec. 5. That if any Person shall refuse to produce his or her scale Beams, Weights, or Measures for examination, when required by the Sealer of Weights and Measures, or refuse to relinquish the same, when found forfeited to the Corporation, the Person so refusing shall pay a [p. 63] a fine of not less than One, nor more than Ten Dollars, according to the discretion of the Magistrate.

Sec. 6. That any Person who shall sell by any Scale Beam, Weight or Measure, not rectified and Stamped, branded, or sealed, by the Sealer of Weights and Measures, shall, upon Conviction thereof, pay a fine of One Dollar for each and every Offence; and any Person is hereby authorized to prosecute for this Penalty. And if the Sealer of Weights and Measures shall pass any Scale Beam, Weight or measure that shall not correspond with the Standards prescribed by Law, he shall, for each offence, forfeit and pay a Fine of Ten Dollars.

Sec. 7. That if any Person shall sell by the Steel Yard, the Sealer of Weights and Measures, (who is hereby authorized to examine any Steel yard which he may see in use,) if he shall, on examination, find the same not to agree with the Standard aforesaid, shall seize the same; and the Person found selling therewith, or the Owner, shall incur a Penalty of Two Dollars.

And the said Sealer of Weights and Measures shall, twice in every year, examine, and cause the Owners thereof to adjust, every Hay Scale in this ; and he shall be entitled to receive, for every such examination, two Dollars, to be paid by the owner of such Scales.

Sec. 8. That the Sealer of Weights and Measures shall keep a Book, wherein he shall enter the Names of the Persons who shall have Scale Beams, Weights and Measures adjusted, the number and description of the same, and the times when adjusted: and return to the Mayor, halfyearly, to be laid before the City Council, a Copy of said Entries, together with a Statement of all Weights and Measures seized and forfeited to this Corporation, with the Names of the Persons forfeiting the same.

Sec. 9. That all Weights and Measures which have been heretofore seized and forfeited to this corporation, shall [p. 64] shall be adjusted, where practicable, and delivered to their original owners, upon their paying the legal Fees for Sealing, stamping or branding the same.

Sec. 10. That the Mayor be, and he is hereby Authorized, to cause to be procured the necessary Seals, avoirdupois Weights, and Measures, of such form and Materials as he may think proper, to be regulated by the Standards adopted by authority of the Legislature of the State of , as the Standards by which the Weights and Measures, to be used in this , shall be regulated.

Sec. 11. That all Fines incurred under this Act shall be recovered and disposed of as are other small Fines for infractions of the Laws of this Corporation.

Passed March 5th. 1842.

, Recorder.

Adopted by the City Council of the City of , upon report, that Wells Street be opened from the , North.

adopted March 5th. 1842.

, Recorder.

Resolved by the City Council of the City of , upon Motion of Genl , that the City Collector be authorized to collect the City Tax.

passed March 5th. 1842.

, Recorder.

Resolved by the City Council of the City of , that so much of Warsaw Street as has been heretofore located, be removed farther Eastward, to correspond with the City Survey.— passed March 5th. 1842.

, Recorder.

Adopted by the City Council of the City of , upon the report of a select Committee, that Kimball Street be opened from [p. 65] from Hibbards East Line, East to Barlow Street.

adopted March 5th. 1842.

, Recorder.

Resolved by the City Council of the City of , that it be the Rule of this Council to grant all Petitions from the Citizens of this , for the opening of Streets, at the expence of said Petitioners, if there is no against <​the​> same by more than an equal number of Names.

passed March 5th. 1842.

, Recorder.

Resolved by the City Council of the City of , that all the Laws and Ordinances passed by this City Council, up to this day inclusive, be published in pamphlet form, at the expence of the .

passed March 5th. 1842.

Recorder.

Resolved by the City Council of the City of , That all Carrion be removed without the Bounds of this , or buried three feet under the surface of the Ground, by, or at the expence of the Person or Persons owning the Animal when it Died.

passed March 5th. 1842.

, Recorder.

Sec. 1. Be it Ordained by the City Council of the City of , that there shall be appointed by the City Council a City Register whose duty it shall be to Record all Deeds and other Instruments of Writing presented to him for that purpose, for which he shall be entitled to such Fees as the City Council shall [p. 66] Shall hereafter Enact.

Passed March 5th. 1842.

Recorder.

The Vice Mayor was appointed Register by vote, by Ballot, To Wit, For , One, One, three, and Joseph Smith Vice Mayor Eighteen, who was then declared duly Elected.

March 5th. 1842.

Recorder.

Resolved by the City Council of the City of that the Fees of the Recorder of Deeds and other Instruments of Writing shall be, for recording One hundred Words fifteen Cents,— For Copies of the same twelve and one half Cents,— For every search of Record twelve and one half Cents,— official Certificate of Seal, when requested, thirty seven and one half Cents,— For each Certificate without Seal, twenty five Cents,— Payable in all Cases in advance.

passed March 5th. 1842.

Recorder.

Adopted by the City Council of the City of , that Bagbee Street be opened from Parley Street North to Kimball Street, at the expence of Reuben Atwood and others, Petitioners. Adopted April 9th. 1842.

, Recorder.

Resolved by the City Council of the City of , that a right Angle be made on Harris Street, two Blocks to the South, said Angle to be made on the East Line of Thomas Beattys Farm, & thence to go East according to the former Ordinance, to the East End of the Limits.

passed April 9th. 1842.

, Recorder. [p. 67]

Resolved by the City Council of the City of , that in all Cases before the Authorities of this , Costs of Suit shall be Taxed against the unsuccessful Party.

passed April 9th. 1842.

, Recorder.

)

Complainant)

Lewis Robinson [Robison])

City Constable)

Defendant)

 

The having made & filed an Affidavit containing Charges of Impeachment against the Defendant, as such Constable, the same came on for hearing. The , as also , , & were Sworn, the affidavit having been first Read, & Deft. pleaded not Guilty.— The Witnesses were examined, & Cross examined, & the was Cause was Dismissed.

<​April 9th. 1842​>.

, Recorder.—

Resolved by the City Council of the City of , That , the City Marshal do enter upon his Duties, and lodge his Bond with Security, at next Meeting.

passed April 9th. 1842.

, Recorder.

Resolved by the City Council of the City of , that the City Collector do make his Returns the second Saturday in June next.

passed April 9th. 1842.

, Recorder.

Resolved by the City Council of the City of , that the City Assessors Fees for assessment, for the year 1841, amounting to Seventy Dollars, for thirty five days Assessing, be, and the same is hereby allowed.

passed April 9th. 1842.

, Recorder. [p. 68]

Adopted by the City Council of the City of , that Genl. & Aldmn. be, and they are hereby instructed to Contract with & another, for liberty for them ( & anor) to run a Wing into the , for a Dam, and the and are instructed, to confirm the same.

Adopted April 9th. 1842.

, Recorder.

Adopted by the City Council of the City of , that the following Names viz, first, Wilson Street, second Law Street, be given to the two Streets which are the only ones now without Names, & these being the Names reported by the Committee appointed to select Names for said Streets.

adopted April 9th. 1842.

, Recorder.

Sec. 1. Be it Ordained by the City Council of the City of , that the 6th. Section of “an Ordinance regulating Auctions in the City of ” be, and the same is hereby Repealed.

passed april 9th. 1842.

, Recorder.

Resolved by the City Council of the City of , that the City procure a Copy of the Times and Seasons, to be furnished for the use of the City Council, to commence at the beginning of the present Volume.

passed April 9th. 1842.