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Charter and Ordinances of the
City of Fairfield, IA - 1858

The following is a collection of the Charter and Ordinances of the City of Fairfield, IA, as published in "The Fairfield Ledger" over the course of several months; a few, or several, Ordinances were published in each issue of the paper depending on the length of them.

"THE FAIRFIELD LEDGER"
THURSDAY, FEBRUARY 25, 1858
Front Page, Columns 5 and 6

Charter and Ordinances of the City of Fairfield.
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AN ACT TO INCORPORATE THE TOWN OF FAIRFIELD.

Section 1. Be it enacted by the General Assembly of the State of Iowa, That the South-West Quarter of Section No. Twenty-Five in Township No. Seventy-Two North, of Range No. Ten West, being in the County of Jefferson, and in which is imbraced the village of Fairfield, be, and the same is hereby, constituted a town corporate, and shall hereafter be known by the name of the town of Fairfield.

Section 2. It shall be lawful for the free male inhabitants of said village having the qualifications of electors, to meet at the usual places of holding elections in said town of Fairfield, on the second Monday of April next, and on the second Monday of April annually thereafter, at such place in said town as the Town Council shall direct, and then and there proceed to elect, by ballot, a Mayor, Recorder, and three Trustees, who shall have the qualifications of electors, and reside within the limits of the corporation; and said Mayor, Recorder and Trustees shall hold their offices for one year, and until their successors are elected and qualified, and any three of them shall be a board for the transaction of business, but a less number may adjourn from time to time: Provided, That a failue (sic) to elect on said day shall not forfeit the charter; but an election shall be had on any succeeding day, pursuant to notice to be given in the manner hereinafter provided.

Sec. 3. That the first election to be held under this act, two Judges and a Clerk shall be chosen, viva voce, by the electors present, who shall each take an oath or affirmation faithfully to discharge the duties required of him by this act; and, at all subsequent elections, the Mayor or any two of the Trustees shall sit as judges, and the Recorder, or in his absence some one of the Council pro tempore, shall sit as clerk; and at all such elections the polls shall be opened at one o'clock in the afternoon, and close at the hour of four o'clock in the same afternoon, and, at the close of the polls, the votes shall be counted and a statement thereof proclaimed at the door of the house in which the election was held; and the persons elected shall, within ten days after their election, take an oath to support the constitution and laws of the United States and of this State, and an oath of office, a certificate of which shall be deposited with the Recorder, and by him preserved.

Sec. 4. The Mayor, Recorder and Trustees of said town shall be a body politic and corporate, with perpetual succession, to be known by the name of the town of Fairfield, and shall be capable in law to acquire property, real and personal, for the use of said town, and sell and convey the same; may have a common seal, and may alter the same at pleasure; may sue and be sued, plead and be impleaded, answer or be answered unto, in any court of law or equity in this State; and, when any suit shall be commenced against said corporation, the first process shall be a summons, a certified copy of which shall be left with the Recorder, and, in his absence, with the Mayor, at least ten days previous to the return thereof.

Sec. 5. That the Mayor, Recorder and Trustees, or a majority thereof, of whom the Mayor or Recorder shall always be one, shall have authority to make, ordain or publish all by-laws and ordinances, not inconsistent with the consititution and laws of the United States and of this State, as they shall deem necessary and proper for the promotion of morality as well as the good regulation, interest, safety, health and cleaniness of said town and the citizens thereof. They shall have power to fill all vacancies that may happen, by death or otherwise, of any of the officers herein named. They shall also have power to appoint a Treasurer, Marshal, and such other subordinate officers as they may deem needful; to prescribe their duties and require surety for their performance; to remove them at pleasure, and to establish the fees of all officers in the corporation not established by this act. They shall have power to impose fines for a breach of their ordinances; which fines may be recovered, with costs, before any justice of the peace in said town, by an action of debt, in the name of the corporation. All fines collected in pursuance of this act shall be paid over by the officer collecting the same to the Treasurer of the corporation.

Sec. 6. It shall be the duty of the Mayor to preside at the meetings of the Town Council; and it shall be the duty of the Recorder to keep a true record of the by-laws and ordinances; to attend all meetings of the Council, and keep a fair and accurate record of their proceedings; and said Recorder is authorized, under his hand and seal, to appoint some competent person as his deputy, who, in his absence, shall do and perform all and singlar the duties enjoined upon said Recorder, and for those acts he shall be liable.

Sec. 7. That the Town Council shall have power to assess, for corporation purposes, an annual tax on all property in said town made subject to taxation by the laws of this State, for State and county purposes, not exceeding in any one year one per centum on the value thereof; which value shall be ascertained by an assessor appointed by the town council for that purpose, a duplicate of which shall be made out and signed by the recorder and delivered to the collector. They shall have power to eqalize any injudicious assessment then made, on the complaint of the person aggrieved.

Sec. 8. That the town marshal shall be the collector of any tax assessed, and he is hereby authorized and required, by distress and sale of property, as constables on execution, to collect and pay over said tax to the treasurer, within three months after the time of receiving the duplicate thereof, and the treasurer's receipt shall be his voucher. The town marshal shall make personal demand of every resident charged with tax; and, before sale of property for delinquent tax, shall give ten days notice by advertisement in three of the most public places in said corporation; and if the tax on any lot or piece of land, [for] which no personal property can be found, shall remain unpaid three months after the expiration of the time by this act allowed the collector for the collection of the tax, then the town marshal shall give notice in the nearest newspaper, stating the amount of such tax, and the number of the lot on which it is due, and that the same will be sold to discharge such tax when, [unless] the payment thereof be made within three months from the date of such advertisement, and if such tax be not paid within that time, the town marshal, after giving twenty days notice of the time and place of sale, at three of the most public places in said town, shall proceed to sell at public auction so much of said lot or piece of land as will discharge said tax.

Sec. 9. That if the owner of such lot or piece of land shall appear at any time within two years after such sale and pay the purchase money, with interest at the rate of thirty per centum per annum thereon, he shall be entitled to the right of redemption.

Sec. 10. Twenty days before each annual election, the town council shall put up in some conspicuous place within said town an accurate account of the money received and expended by said corporation since the last annual election, with the sources from which they were derived and the objects on which they were expended, which shall be certified by the recorder.

Sec. 11. The said corporatian (sic) shall have power to regulate and improve all streets, alleys, side walks, drains or sewers, to sink and keep in repair public wells, removed nuisances, and regulate markets. Provided, That nothing in said regulations shall be so construed as to prohibit any person from selling the products of his farm in such quantities or in such manner as he may deem proper. They shall have power to license and regulate, or prohibit all shows or public exhibitions; Provided, however, That the power hereby granted shall not be so construed as to conflict with the general laws of this State.

Sec. 12. That the by-laws and ordinances of said corporation shall be published in a newspaper in the county, or posted up in some public place in said town, fifteen days before the taking effect thereof, and the certificate of the Recorder upon the town records, shall be sufficient evidence of the same having been done; and every annual election herein authorized, shall be preceded by five days uotice (sic) therof, put up in three public places in said town.

Sec. 13. That the streets and alleys of said town shall constitute one road district, including the several roads leading from said town for the distance of one mile from the corporation limits.

Sec. 14. That the Mayor or a majority of the councilmen, may call a meeting of the town council, whenever in his or their opinion the same may be necessary. The mayor and trustees shall receive no compensation, unless the same shall be authorized by the inhabitants in legal meeting assembled.

Sec. 15. Nothing in this act contained, shall be so construed as to prevent the Board of Commissioners of Jefferson county, from building a Court House on block No. 13, in said town of Fairfield, known as the centre square therein, or otherwise improving said square for public purposes, and from levying and collecting State and County tax within the limits of said corporation, by the proper authorities under the revenue laws of this State.

Approved, February 9th, 1847.


An Act to amend an Act entitled "An Act to incorporate the Town of Fairfield, approved Feb. 9th, 1847."

Section 1. Be it enacted by the General Assembly of the State of Iowa, That the regularly elected constables, within the corporate limits of the town of Fairfield, shall at all times be vigilant in maintaining and preserving the peace, order and quiet of said town, and shall aid and assist the Mayor of said town, to maintain and preserve the same; subject to punishment for omission of duty, as for a misdemeanor.

Sec. 2. It shall be lawful for the Mayor, Recorder and Trustees of said town, at any of their sessions, to direct the Recorder of said town to make out a list of all the tax due and unpaid in any particular year, and add and transfer the same to the tax roll for the succeeding year and it is hereby made the duty of the Marshal to collect the same, in the same manner as he is authorized to collect other taxes.

Sec. 3. The Mayor, Recorder and Trustee of said town shall have power for the violation of any of their ordinances amounting to a broach of the peace, to affix the penalty of imprisonment instead of fine or both penalties in their discretion--provided that such imprisonment may not exceed for any one violation more than thirty days.

Sec. 4. The said corporation shall have power to license the vending of merchandise by auction within said town; to prohibit the discharging of fire arms, and the racing or immoderate running of horses, within the corporation; to levy and collect a tax on dogs; to regulate or prohibit the runuing (sic) at large, of hogs or ferocious animals, and enforce the same by distress and sale of such animals, or by fine or other penalty; to provide against danger by fire, and procure all necessary apparatus therefor; to prohibit the keeping in any one place, large quantities of gunpowder; to fix a standard for the weight of coal, and require the sale of the same within said corporation, to be by weight, and for the violation of all these ordinances they may affix such penalties and provide for the enforcement of the same in such manner as shall not be inconsistent with the constitution or laws of this State.

Sec. 5. The streets and alleys of said town shall constitute one road district, including the several roads leading from said town for the distance of one mile from the corporation limits, and the Mayor Recorder and Trustees of said town, shall, at their meeting, yearly after each election, appoint some suitable person to act as supervisor for one year, and remove him at pleasure, and appoint another, who shall discharge the duties of supervisor within said district, as required by law, and the citizens of said town shall not be subject to the orders of any other supervisor, and said supervisor shall be paid as now provided by law.

Sec. 6. Said corporation may provide for the assessment of fines imposed for the breach of any ordinance, by a summary process returnable forthwith before the Mayor, or any justice of the peace, within said town, and upon such assessment being made, execution, may immediately issue for such fines: Provided that any person thus fined shall have the privilege of an appeal to the District Court by giving bond and security as in appeals from ordinary decisions of justices of the peace.

Sec. 7. All acts and parts of acts coming in conflict with this act are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its publication in the "Iowa Sentinel:" Provided, that if one third of the legal voters in said town of Fairfield, shall, within three months after the publishing of said law, petition the Mayor of said town, to submit said law to a vote of the legal voters of said town, it shall be the duty of said Mayor to submit the same to a vote in the manner provided for other elections, giving at least ten days notice thereof; and if a majority of the legal voters are opposed to said law, then this act shall be null and void; Provided, that the expenses of said publication shall be paid by said town.

Approved, Feb. 5th, 1851.


An Act to amend the Charter of the town of Fairfield.

Section 1. Be it enacted by the General Assembly of the State of Iowa, That the South-west quarter of Section No. twenty-five, in Township No. twenty-two North, of Range No. ten west, being in the County of Jefferson, and which is embraced in the present corporate limits of the town of Fairfield, together with all the additions that have been regularly recorded, or that may hereafter be made and recorded, according to law, be, and the same is hereby constituted a city corporate, and shall be known by the name and title of the City of Fairfield.

Sec. 6. All streets in any and all additions to said city which shall be extensions of the original streets of said city, shall be of uniform width with the original streets so extended.

Sec. 2. The streets and alleys of said city shall constitute one road district, the Supervisor of which shall be appointed by the Mayor, Recorder and Trustees, and shall hold his office for one year, unless sooner removed by said Mayor, Recorder and Trustees. Said Supervisor shall perform the same duties as are or may be required by the laws of this State, of Supervisors of roads and highways, but shall make his reports to the City Council, and the road tax and labor of said district shall be laid out and expended within said district under the direction of the City Council.

Sec. 4. The Mayor of said City shall be and is hereby invested with all the power now granted by law to Justices of the Peace within said State for the purpose of hearing, trying and determining all offences committed against the ordinances of said City, and shall have jurisdiction within the corporate limits of said City over all subjects, civil and criminal, as is now or hereafter may be conferred by law upon Justices of the Peace within this State, and shall be allowed such fees for his services as Justices of the Peace are no wor (sic - now or) may hereafter be allowed by law for like services.

Sec. 5. That the word Town wherever it occurs in the original charter of the Town of Fairfield, and in the act amendatory thereto, approved February 5th, 1851, shall be construed to mean City.

Sec. 6. All acts and parts of acts coming in conflict with this act are hereby repealed.

Sec. 7. If one-third of the legal voters in said City of Fairfield shall within three months after the publication of this act, petition the Mayor of said City, to submit said act to a vote of the legal voters of said City, it shall be the duty of said Mayor to submit the same to a vote in the manner provided for other elections, giving at least ten days notice thereof, and if a mojority of the legal voters shall vote against said act, then the same shall be null and void.

Sec. 8. This act shall take effect from and after its publication in the Iowa City Republican and Fairfield Ledger, the expense of publication to be paid by the City of Fairfield.

Approved January 14th, 1857.

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ORDINANCE No. I.

An Ordinance establishing the enacting clause for all Ordinances enacting by the City of Fairfield, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That the enacting clause of all ordinances passed by the City Council of the City of Fairfield shall be: "Be it ordained by the City Council of the City of Fairfield."

Sec. 2. The ordinances so passed by the City Council shall be recorded by the Recorder in a book to be kept for that purpose, and shall be regularly numbered in the order in which they may be passed by the Council. And it shall be the further duty of the Recorder to index said record book by the titles of the ordinances recorded in the same.

ORDINANCE No. II.

An Ordinance respecting the Corporate Seal.

Section 1. Be it ordained by the City Council of the City of Fairfield, That the inscription and device of the corporate seal of said City shall be as follows: in the centre of the seal shall be a spread eagle, encircling which shall be the words: "Seal of the City of Fairfield."

Sec. 2. Said seal shall be kept by the Recorder of said City, and be by him affixed to all contracts made or entered into by said City, as well as all orders drawn upon the Treasury, licenses and commssions issued by said City in accordance with any ordinances which may hereafter be enacted by said City.

ORDINANCE No. III.

An Ordinance providing for the appointment of a City Marshal--His Power and Duties.

Section 1. Be it ordained by the City Council of the City of Fairfield. That at the first regular meeting of said Council in the month, of May of each year, there shall be appointed by the Council a suitable person to act as Marshal for said City, who shall hold his office for one year from the date of his appointment and until his successor shall have been appointed and qualified, unless sooner removed by the Council.

Sec. 2. The Marshal shall, before entering upon the discharge of his duties, take and subscribe an oath faithfully to discharge the same, and shall execute and deliver to the Recorder his bond with suffient security, in each sum as the Council shall determine, conditioned for the faithful discharge of his duties as Marshal, and the prompt payment over to the Treasurer or such other person as the Council may direct, all monies which may come into his hands belonging to the City of Fairfield; which bond shall be approved by the Recorder in writing thereon, and by him filed and carefully preserved; provided, that if said bond is not filed by said Marshal within six days after his appointment, the office shall be deemed vacant, and the Council shall file the vacancy by the appointment of another person to act as Marshal.

Sec. 3. That upon taking of such oath and the filing of such bond by the Marshal, and the approval of the same by the Recorder, it shall be the duty of the Recorder to make out and deliver to said Marshal a certificate of his appointment; which certificate shall be signed by the Mayor, attested by the Recorder under the seal of the City.

Sec. 4. The Marshall (sic) shall act as a peace officer for said City; and shall arrest all persons found within said City committing a breach of the peace, and take such persons before the Mayor or some Justice of the Peace within said City, to be dealt with according to law. He shall serve and return all processes directed to him by the Mayor, or any Justice of the Peace within said City; and shall, upon receiving the duplicate tax roll for this City from the Recorder, proceed, without delay, to collect the tax therein specified, according to law, and pay the same over to the City Treasurer and take his receipt therefor.


"THE FAIRFIELD LEDGER"
THURSDAY, MARCH 4, 1858
Front Page, Columns 5 and 6

Charter and Ordinances of the City of Fairfield.
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ORDINANCE No. IV.

An Ordinance providing for the appointment of a City Treasurer, and prescribing his Duties.

Section 1. Be it ordained by the City Council of the City of Fairfield, That at the first regular meeting of said Council in the month of May of each year, there shall be appointed by the Council, a suitable person to act as Treasurer for said City, who shall hold his office for the term of one year from the date of his appointment and until his successor shall have been appointed and qualified, unless sooner removed by the Council.

Sec. 2. That upon the appointment of Treasurer as provided in the foregoing section, the Recorder shall make out and deliver to the Treasurer a certificate of his appointment, which certificate shall be signed by the Mayor, and attested by the Recorder under the corporate seal of the City.

Sec. 3. The Treasurer shall, within six days after the receipt of his certificate of appointment, and before entering upon the discharge of the duties of his offce, execute and deliver to the Recorder a bond with sufficient security, in such sum as the Council shall have determined, conditioned for the faithful discharge of the duties of his office, and for the payment to his successor in office or such other person and the Council may direct, all monies or other property in his possession or under his control, belonging to the City; which bond shall be approved by the Recorder in writing thereon, and filed and carefully preserved; Provided, that if said bond is not so filed by the Treasurer within six days after the receipt of the certificate of his appointment, the office shall be deemed vacant, and the Council shall proceed to fill the vacancy by the appointment of another person.

Sec. 4. The Treasurer shall receive and safely keep all monies belonging to the City; and shall keep a just and true account of the same in a book to be kept for that purpose, which book shall, at all reasonable times, be open to the inspection of the Council, or any person appointed by the Council to inspect the same.

Sec. 5. The Treasurer shall pay out the monies of the City only on written or printed orders signed by the Mayor and attested by the Recorder under the corporate seal of the City, except upon settlement with his successor in office; the certificate of the appointment of each successor shall be sufficient to justify payment to such successor of all monies or other property belonging to the City; Provided, such certificate shows by the endorsement of the Recorder that such successor has filed an approved bond as provided in the third section of this ordinance.

Sec. 6. The Treasurer shall pay all orders drawn on him as hereinbefore provided, in the order in which they are presented for payment.

ORDINANCE No. V.

An Ordinance providing for the appointment of an Assessor for the City and prescribing his Duties--Equalization of Assessment--Duty of Recorder, &c.

Section 1. Be it ordained by the city Council of the city of Fairfield, That at the first regular meeting of the Council in the month of May of each year, the Council shall appoint some suitable person (who shall be a resident freeholder of the city) to act as Assessor for the city; Provided, that if the person appointed at such regular meeting shall fail to qualify, or from any cause shall fail to act, the Council may at any time appoint another person to act as Assessor.

Sec. 2. When the appointment of an Assessor shall have been made as provided in the foregoing section, it shall be the duty of the Recorder to immediately make out a certificate of such appointment as directed in the case of the appointment of Marshal, and deliver such certificate to the person appointed to act as Assessor, who shall, upon the receipt of such certificate, and before entering upon the discharge of the duties of his office, take and subscribe an oath to faithfully discharge the duties of Assessor for said City, impartially and without fear, favor or affection.

Sec. 3. The Assessor shall, after having qualified as herinbefore directed, immediately proceed to make an assessment of all the real and personal property, not exempt from taxation, within said City, which assessment shall be completed and returned to the Recorder on or before the first day of July in each year.

Sec. 4. That at the regular meeting in July annually, the Council shall proceed to equalize the assessment if complaint is made by any person, and shall immediately thereafter levy for corporation purposes, such tax as they shall deem proper; provided, such levy shall not exceed in any one year one per centum on the dollar on the value of the property assessed.

Sec. 5. That immediately after a tax shall have been levied as hereinbefore provided, the Recorder shall make out and deliver to the Marshal a duplicate tax roll, which shall be certified by the Mayor, and attested by the Recorder under the corporate seal of the City; which duplicate shall constitute the Marshal's warrant for the collection of the tax therein specified.

ORDINANCE No. VI.

An Ordinance providing for the appointment of a Weighmaster--Defining his Duties--Fees, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That at the first regular meeting of the council in the month of May of each year, there shall be appointed a Weighmaster, who shall have charge of the public scales in said city, and whose duty it shall be to attend in person or by deputy, at all times between 6 o'clock a.m. and 6 o'clock p.m., to the weighing of all loads of hay, coal or other things brought for that purpose, and he shall give a certificate of the amount of weight of such loads of hay, coal or other things by him weighed, to the person for whom such weighing shall be done.

Sec. 2. The Weighmaster shall weigh all wagons brought to him for that purpose; and he shall mark or paint on some conspicuous part of all wagons so weighed by him, the weight of such wagons in figures; and he shall keep a list of all such wagons in a book kept for that purpose, in which he shall set down the name of the owner, date of the weighing, and the amount of the weight; and in all subsequent weighing of loads brought upon such wagons the weighmaster shall deduct the marked weight of the wagon from the entire weight of wagon and load, and to certify to the balance as hereinbefore provided; Provided, that at the request of the buyer of any load brought on a marked wagon, the wagon shall be weighed after the load shall have been discharged and certificate given accordingly.

Sec. 3. The Weighmaster shall keep a book in which he shall register each and every load of whatever nature weighed, describing the kind of load, the date of the weighing, and the name of the owner of the wagon, or, in the case such owner does not accompany the wagon, then the name of the teamster shall be registered.

Sec. 4. There shall be paid to the Weighmaster for the use of the city of Fairfield, for weighing and marking each wagon as hereinbefore provided, the sum of twenty-five cents; and for weighing each load and certifying to the same, the sum of ten cents, which shall be paid at the time of the weighing. The expense of weighing each load shall be paid by the seller; Provided, that in case the buyer of any load shall request the weighing of any marked wagon, he shall pay therefor the sum of ten cents.

Sec. 5. The Weighmaster shall receive for his compensation one-half of fees received for weighing, marking and certifying as herein provided, and shall settle with the Council and pay into the City treasure the other half of such fees quarterly.

ORDINANCE No. VII.

An Ordinance regulating Compensation of Officers.

Section 1. Be it ordained by the city council of the city of Fairfield, That the Marshal of said City shall be entitled to and receive the following compensation for his services: In the exercise of his duties as a peace officer, and the service and return of all processes, he shall receive the same fees allowed by law to Constables for similar services: for collecting and paying the corporation tax, five per centum on the dollar on the amount collected and paid over.

Sec. 2. The Treasurer shall receive as compensation for his services, two per centum on the dollar on the amount of money received and paid out by him as such Treasurer.

Sec. 3. The Assessor shall be allowed as his compensation, one dollar and fifty cents per day, for each day he may be actually employed in making out the assessment for the City.

Sec. 4. The Recorder shall receive as compensation for his services, ten cents per hundred words for recording the ordinances of the City, for making out the duplicate tax roll for the Marshal, and the journal of the proceedings of the City Council; twenty-five cents for making each deed for grave-yard lots, and for making out each certificate for officers appointed by the Council; and ten cents per hundred words for all other writing necessary to be done for the City, coming within the duties of his office.

ORDINANCE No. VIII.

An Ordinance for the Punishment of Offences against the Public Peace, Morality, Chastity, &c.

Sec. 1. Be it ordained by the City Council of the city of Fairfield, That any person or persons who may engage in any fighting, rioting, obscenity of any character, blaspheming, drunkenness, or other conduct tending to a breach of the peace of to a disturbance of the public order, within the corporate limits of said City, shall be liable to a fine of not less than three dollars nor more than twenty dollars, or imprisonment in the county jail for a period not exceeding ten days, at the discretion of the court before whom the offender or offenders may be tried.

Sec. 2. Upon complaint made to the Mayor, or any Justice of the Peace, wthin the corporate limits of said City, that any person of persons have violated any of the provisions of the foregoing section of this ordinance, the Mayor or Justice shall immediately issue a warrant for the arrest of such person or persons; which warrant shall be directed to the Marshal, or any Constable in said City, and made returnable forthwith.

Sec. 3. It shall be the duty of the Marshal, or any Constable within said City, upon seeing any person or persons engaged in the commission of any offence or offences enumerated in the first section of this ordinance, to arrest such person or persons with or without process, and take such person or persons forthwith before the Mayor, or Justice of the Peace within the City, and enter complaint for the offence or offences committed.

Sec. 4. When any person shall be thus arrested and brought before the Mayor or Justice of the Peace, if the accused is intoxicated and, in the opinion of the Mayor or Justice, for that reason unfitted to enter upon his or her defence, the Mayor or Justice may adjourn the examination for any time not exceeding twenty-four hours, and commit the accused to jail during such adjournment.

Sec. 5. If upon examination the accused is found guilty, the Mayor or Justice shall assess the amount of the fine, or determine the length of imprisonment as provided in section one of this ordinance. If a fine be assessed, execution shall issue immediately for it collection (sic), or the Court may order the commitment of the defendant until the fine and costs are paid. If imprisonment be adjudged, the Mayor or Justice, shall forthwith commit the guilty party to jail; provided, that if any person thus fined, shall appeal to the District court as provided by the laws of the State, the Mayor or Justice shall forthwith call in any execution which may have issued in the case.

Sec. 6. If the Marshal, or any Constable in said City, shall fail or refuse to discharge his duty as required by the provisions of this ordinance, or by the provisions of any other ordinance of said City, he shall be liable to a fine of not less than five dollars, no more than twenty dollars, to be sued for and recovered in the name of the City of Fairfield, by an action brought before the Mayor or any Justice of the Peace within said City.

Sec. 7. All fines collected for the breach of any of the ordinances of the said City, shall be paid to the City Treasurer, for the use of the City, unless otherwise provided.

ORDINANCE No. IX.

Racing--Standing Stallions, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield; That any person or persons who shall be guilty of racing or immoderately running or driving horses or mules, within the corporate limits of said City, shall be fined not less than one dollar nor more than ten dollars for each offence.

Sec. 2. The standing of Stallions or Jacks within said City is hereby prohibited. Any person violating this section shall be fined not less than five dollars nor more than twenty dollars for each offence.

Sec. 3. It shall be the duty of the Marshal to arrest any person or persons found violating this ordinance, and forthwith take them before the Mayor or some Justice of the Peace within said City, and make complaint of such violation, and it shall be the duty of the Mayor or of any Justice of the Peace within said City, on complaint being made by any person of theviolation of this ordinance, to issue his warrant for the arrest of the person or persons complained of; and when the person or persons so complained of shall have been brought before the Mayor or such justice, he shall forthwith proceed to hear and determine such complaint, and if a fine be assessed, issue execution therefor, or commit the defendant until such fine and costs are paid.

ORDINANCE No. X.

Discharging Fire-arms, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield; That it shall be unlawful for any person or persons to discharge any fire arm or fire arms, within the limits of said City; Provided that any gun smith residing within the limits of the city shall be privileged to try any fire arms repaired or manufactured by him, provided, he shall have first erected a battery for the purpose of such trial, of the following discription: Said battery shall be eight feet in heighth (sic), eight feet in width, with two wings extending four feet from each side of the main battery at an angle of forty-five degrees, and of the same heigth (sic) as the main battery--the battery and wings to be constructed of two inch oak plank and made double so as to break joints, and to be four inches in thickness when completed, and to be approved by the Mayor.

Sec. 2. It shall also be unlawful for any person or persons to discharge or explode any Chinese crackers commonly called "fire-crackers" within the limits of said City.

Sec. 3. Every person who shall violate either of the above sections of this ordinance shall be fined not less than one dollar, nor more than ten dollars for each offence--said fine to be assessed by the Mayor or Justice of the Peace within said City, upon complaint, as in other cases provided.

ORDINANCE No. XI.

Nuisances, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield; That any person or persons who shall permit the carcass or carcasses of any dog, hog, horse or other animal or animals of his property, which shall die or be killed within the limits of this city, to remain within the city limits so as to become offensive, shall be fined in any sum not exceeding ten dollars; and it is hereby made the duty of the City Marshal upon complaint made to him of any such nuisance, to give immediate notice thereof to the persons subject to the above fine; and upon the refusal or neglect of such person to remove such nuisance, it is hereby made the duty of the Marshal to procure the removal of such nuisance, and to commence proceedings before the Mayor in the name of the City of Fairfield for the recovery of the above penalty and the cost of such removal.

Sec. 2. That on complaint being filed with the Mayor, alleging that any person or persons have abstructed (sic) any street or alley within the limits of the City, or that such person or persons have continued such obstructions so as to render said street or alley inconvenient or dangerous to pass, or that any person or persons have erected or established any offensive trade or any building, or established or permitted any other thing whatsoever, of an offensive or unwholesome character to the inhabitants of the City or of the particular neighborhood, it shall be the duty of the Mayor to immediately summon such person or persons before him, and proceed with the investigation of such complaint; and if upon such investigation being had, it shall appear to the satisfaction of the Mayor that the thing complained of is a nuisance, he shall so declare it, and issue his warrant to the City Marshal to abate the same at the cost of the person or persons complained of.

ORDINANCE No. XII.

Auctions, Shows, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That it shall be the duty of any person or persons who may intend to exhibit or show within the limits of said City any animal or animals, wax works or other figures, feats of circus riding, slight of hand or any other exhibition for pay, including lectures and concerts, to take out license for such exhibition as hereinafter provided.

Sec. 2. It shall be the duty of any person or persons who may desire to sell goods of any kind, or horses, cattle, mules or any other animal or thing, at auction, or to peddle goods of any kind within the limits of said City, to take out license therefor, Provided, that property which is assessed in said City and upon which taxes have been paid in said City is excepted herefrom.

Sec. 3. The party or parties desiring a license for purposes specified in this ordinance shall apply to the Mayor, or in his absence to any one of the Trustees of said City and shall pay him not less than one dollar nor more than one hundred dollars, the amount to be determined by the Mayor or Trustee as the case may be, whose receipt therefor shall be filed by the applicant with the Recorder, who shall thereupon make out and deliver to such applicant a license under the seal of the City for such exhibition, concert, lecture or auction, as the case may be, for which license said applicant shall pay the Recorder a fee of one dollar, Provided, that scientific or literary lectures in the discretion of the Mayor may be permitted without license; but in such case he shall give the applicant a certificate to that effect.

Sec. 4. The Mayor or Trustee, as the case may be, when determining the amount to be paid for license shall also fix the time for which such license shall be issued, in no case exceeding thirty days, which time shall be specified in the receipt given to the said applicant, and the license shall be issued by the Recorder accordingly.

Sec. 5. Any person or persons who shall violate the provisions of this ordinance by opening any exhibition, concert or lecture, or peddling any goods, or by selling at auction any goods, horses, cattle, mules or other animal or thing within the City limits, without having first obtained a license or certificate exempting from license as above ordained, shall be fined for each offence in a sum not less than five dollars nor more than two hundred dollars. Such fine to be assessed by the Mayor or any Justice of the Peace within said City, upon complaint, as provided for the assessment of other fines by the ordinances of this City, And it is hereby made the duty of the City Marshal to arrest any person or persons found violating this ordinance and take them forthwith before the Mayor or some Justice of the Peace within said City to be dealt with as above provided.


"THE FAIRFIELD LEDGER"
THURSDAY, MARCH 11, 1858
Front Page, Columns 5 and 6

ORDINANCE No. XIII.

Dogs, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That on any well founded rumor that any mad or rabid dog or dogs have been or are running at large within the limits of this City or in the vicinity therefor, the Mayor shall post notices in three or more public places within the City, or publish the same in some newspaper of said City, requiring all owners of dogs to keep the same securely tied or chained for such length of time as the Mayor in said notices shall direct; and any dog thereafter and within the time specified in such notices, found running at large within the City limits, shall be subject to be killed by any person; provided, that any stranger who may ignorantly bring within the city any dog or dogs shall be first notified to secure such dog or dogs; but if such stranger after such notice shall fail to comply with the provisions of this ordinance the dog or dogs under his charge shall be liable to be killed, as hereinbefore provided.

Sec. 2. That the owner of each dog within the City limits shall pay a tax of twenty-five cents annually on each dog that he may own, and two dollars on each bitch (note: female dog), to be collected as other taxes; and any stray dog found running at large about the City shall be killed.

ORDINANCE No. XIV.

Obstructing Side-walks, &c.

Section 1. Be it ordained by the City Council of the city of Fairfield, That any person or persons who shall obstruct any pavement or side-walk within the limits of the City, by placing on said side walk or pavement any boxes, barrels or other impediment whatever, or who shall ride or drive or lead any horse, ox, or mule upon any pavement or side-walk, or who shall drive on or across the same any wagon, cart or sled, or shall permit any horse, mule or ox, wagon, cart or sled to stand on any such pavement or side-walk, shall be fined in any sum not less than one dollar nor more than five dollars for each offence, to be collected as other fines under the ordinances of this City: provided that the provisions of this ordinance shall not extend to such obstructions as may exist or be necessary during the erection of any building or other improvement within the City.

ORDINANCE No. XV.

Hitching Horses, &c., to Park Fence

Section 1. Be it ordained by the City Council of the City of Fairfield, That it shall be unlawful for any person or persons to hitch or fasten any horse or horses, mule or miles, ox or oxen to the fence surrounding the public park within said City. Every person who, shall violate the provisions of this ordinance shall be fined not less than one dollar nor more than five dollars, to be collected as other fines are provided to be collected by the ordinance of this City.

ORDINANCE No. XVI.

To prevent Swine from Running at Large, &c

Section 1. Be it ordained by the City Council of the City of Fairfield, That the running at large of swine within the limits of this City, is hereby prohibited and declared to be a public nuisance.

Sec. 2. Any person who shall permit his or her hogs to run at large within the limits of this City shall be fined not less than one dollar nor more than five dollars for each and every day they shall so violate the provisions of this ordinance. And it is hereby made the especial duty of the City Marshal to, immediately on any offence against the provisions of this section coming to his knowledge, enter complaint before the Mayor or some Justice of the Peace within said City against any and every offender against the provisions of this section.

Sec. 3. It shall be the duty of the City Marshal to take up all hogs found running at large within the limits of the City, and forthwith give notice by three or more written or printed notices posted in three general conspicuous places within said City, of such taking up, with a description of the hog or hogs so taken up; and if no owner or owners appear within five days after such posting, prove property and pay all charges and expenses of taking up, posting and keeping of said hog or hogs, it shall be the duty of the Marshal to sell such hog or hogs at public outcry to the highest bidder for cash; and from the proceeds of such sale the Marshall shall pay the charges and expenses aforesaid, and pay the balance into the City Treasury.

Sec. 4. The Marshal shall be allowed for taking up each hog under the provisions of this ordinance the sum of one dollar, and for every pig under six months old twenty-five cents.

ORDINANCE No. XVII.

Grave Yard sexton, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That all that certain parcel of ground purchased of John A. Pitzer by C. C. Van, H. W. Sample, and George Acheson, the bond for which has been assigned by them to the City of Fairfield, which parcel of ground was surveyed by David Switzer, on the 31st day of July, A. D. 1846, and by said Van, Sample and Acheson, enclosed for a burying ground under the following regulations, to-wit: "Any person desirous of purchasing a lot or half lot in such ground, shall apply to the Recorder, or in his absence to the Mayor, and pay him for a full lot the sum of three dollars, and for a half lot the sum of one dollar and fifty cents. The Recorder or Mayor, as the case may be, upon the receipt of such sum or sums of money shall make out and deliver to such person or persons a deed of said lot or half lot, under the seal of said City, according to the survey of said Switzer, as above recited, which deed shall entitle such person or persons, his, her or their assigns the use of such lot or half lot for burial purposes only.

Sec. 2. There shall be a Sexton appointed for said burial ground who shall hold his office until removed by the City Council. The Sexton shall keep the key to said ground, and shall superintend and keep said ground in order, and its enclosure in good repair; shall see that the survey stakes are not removed or destroyed, and shall dig or have dug all graves needed within the same. Any person desirous of burying in said ground, shall apply to the Sexton, and if the owner of a lot produce his deed of purchase, the Sexton shall thereupon proceed to have the proper and necessary grave or graves prepared within the lot specified in such deed, (otherwise in that part of said ground not surveyed into lots,) for which said applicant shall pay the Sexton the sum of fifty cents per foot; and further provided that if any person or persons shall trespass on said grounds by digging any grave or graves, or burying without making application to the Sexton as above provided, or by burying within any surveyed lot without first applying to the Recorder or Mayor as above provided for the purchase of the same, the Sexton shall forthwith commence proceedings in the name of the City of Fairfield for damages against such person or persons.

Sec. 3. The funds arising from the sale of lots within said ground shall remain in the hands of the Recorder, and by him be disbursed on orders drawn by the Mayor, Provided such funds shall only be expended for improvements in and about said grounds.

Sec. 4. It shall be the duty of the Sexton to keep a register of all persons buried in said ground, which said register shall contain and show the names of all persons buried in said ground and the sex and age of all persons so buried, and whether buried in a surveyed lot or in the "Potter's Field." It shall be the further duty of the Sexton at the regular meetings of the Council for the months of May, August, November and February of each year, to make out and return to the Council a certified copy of such register for the respective quarters ending with such regular meetings, and shall further return the amount of money received by him for digging graves during said quarters. The said Sexton shall also at said meeting, in May, August, November and February present all claims for settlement which he may have against the City, which shall have occurred during the respective quarters ending with such meetings, and all claims not so presented shall be deemed waived by said Sexton and shall never be allowed him by the Council.

ORDINANCE No. XVIII.

Pavements, &c

Section 1. Be it ordained by the City Council of the City of Fairfield, All permanent pavements around the public park shall be twelve feet in width; and all awning posts shall be placed in range with the 12 feet pavements, and all permanent pavements on all other streets shall be eight feet in width, but the Council may permit the laying of temporary pavements on said last mentioned streets of less width than eight feet--but in no case shall such pavements be of less than four feet in width.

Sec. 2. When the owners of three-fourths of the lots or parts of lots on one side of any block shall petition in writing to the City Council to have pavements constructed in front of such lots or parts of lots, the Council may order said pavements to be constructed of such materials and in such manner as the Council shall deen (sic - deem) expedient and proper. Upon such order being made by the Council it shall be the duty of the Recorder to cause notice of such order to be served by the City Marshal on the owner or owners of such lots or parts of lots on his, her or their agent if either resides in the City, and it shall be the duty of such owner or owners to immediately proceed to the construction of the pavement or pavements directed to be made in front of his, hers or their property; Provided, all pavements shall be constructed under the supervision of the City Marshal, who shall see that the pavements shall be of uniform construction.

Sec. 3. If any of the owners of lots or parts of lots are non-residents, it shall be the duty of the Mayor to contract for the construction of such pavements as may be directed to be made in front of such lots or parts of lots in the name of the City, and the cost of such pavements shall stand as a lien against the particular lot, lots, or parts of lots in reference to which such pavements shall be made, and the same shall be collected in the same manner provided for the collection of delinquent City taxes, and if any persons, owners of lots or parts of lots as aforesaid shall neglect or refuse to construct pavements when directed under the provisions of this ordinance for the term of one month after being notified of such order, as in this ordinance provided, it shall be the duty of the Mayor to contract for the construction of such pavements as directed in the case of non-resident owners, and the cost of such construction shall stand as a lien as in case of non-resident lots, and be collected in same manner.

ORDINANCE No. XIX.

City Engineers &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That the City Council shall, at the first regular meeting of the Council in the month of May in each year, appoint some competent person to act as City Engineer, who shall hold his office for one year unless sooner removed by the Council.

Sec. 2. That it shall be the duty of the said City Engineer to perform all surveying and engineering required for said City, and to submit to the Council, whenever required to do so, all drafts, plans or estimates relating to the grade of streets, alleys, pavements, or any other contemplated improvement within said City.

Sec. 3. It shall be the duty of said Engineer to keep a book in which he shall record all surveys made by him, and file and preserve in his office all drafts, plans, estimates and grades submitted to the City Council by him, and to deliver the same up to his successor in office, whenever required to do so by such successor or the Council.

Sec. 4. Said City Engineer shall take and subscribe an oath faithfully to discharge the duties of his office, which oath shall be filed with the Recorder.

Sec. 5. Said City Engineer shall, at the last regular meeting in April of each year, make out and submit to the Council a full report of all matters pertaining to his official acts for the year closing with such meeting, and shall at such meeting settle all of his accounts with the City remaining unsettled for such year.

Sec. 5. The said Engineer shall receive for all surveys required to be performed by him for and on behalf of the City three dollars per day for each day he may be actually employed in the service of the City.

ORDINANCE No. XX.

Names of Street--Park, &c.

Section 1. Be it ordained by the City Council of the City of Fairfield, That block No. thirteen in the old plat of the City of Fairfield, shall hereafter bear the name of, and be known and designated as the Park.

Sec 2. That the streets within said City shall be hereafter known and designated by the following names, viz: The street running East and West along the North side of the Park shall be called Madison street; the street running East and West along the South side of the Park shall be called Monroe street; the street running North and South along the East side of the Park shall be called Washington street; the street running North and South along the West side the Park shall be called Jefferson street; the street running East and West and dividing blocks three and eight in the old plat of said City shall be called Walnut street; the street running North and South, and dividing blocks fourteen and fifteen in said plat, shall be called Jackson street; the street running North and South, and dividing blocks eleven and twelve in said plat, shall be called Williams street; the first street South of Monroe street and running parallel therewith shall be called Church street; the street running East and West, and dividing blocks seventeen and eighteen of the new plat of said City, shall be called Vine street; the street running North and South on the East line of the old town quarter, shall be dalled Fulton street; the street running North and South, on the West line of said quarter, shall be called Baltimore street; the street running East and West, on the South line of said quarter shall be called Mulberry street; the street running North and South and dividing blocks three and four in Grmes' addition to said City shall be called Perry street; the street running North and South on the West side of block three in said addition shall be called Grimes street; the street running East and West dividing blocks three and four, new plat, shall be called Sears street; the street running East and West and dividing block No. twenty, new plat, and twenty-three, old plat, shall be called Chastain street; the street running North and South dividing block No's. one and two, new plat, shall be called Smith street; the street running North and South, dividing blocks six and seven, new plat, shall be called Houston street.

ORDINANCE No. XXI.

Taking Effect of Ordinances &c.

Section 1. Be it ordained by the City Council of the City of Fairfield; That the foregoing ordinances from No. I to No. XX inclusive shall be known as the revised ordinances of the City of Fairfield, Iowa, and the same shall take effect and be in full force and virtue from and after fifteen days from the time the same shall have been posted in the hall of the Post Office in said City.

Sec. 2. That all ordinances and parts of ordinances of the said City, in conflict with the provisions of the ordinances referred to in Sec. 1 of this ordinance, be and the same are hereby repealed.

ORDINANCE No. XXII.

Assessment of Fines

Section 1. Be it ordained by the City Council of the city of Fairfield; That in all cases where the penalty annexed to the violation of any ordinance is fine only, the amount of such fine shall be assessed as follows:

Sec. 2. Upon complaint under oath filed with the Mayor or any Justice of the Peace in said City, accusing any person with the violation of any ordinance the penalty of which is fine only, the Mayor or Justice shall forthwith issue a warrant for the arrest of the party complained of, and shall proceed to hear the case and if the accusation is established, the Mayor or Justice shall proceed to assess and determine the amount of fine, within the limits that may be prescribed; Provided, that where, in any case, the Marshal of the City shall witness any violation of any ordinance the penalty for which is fine only, said Marshal shall forthwith, without warrant, arrest such party and take him before the Mayor or any Justice in said City and enter complaint as aforesaid.

Sec. 3. Whenever a fine is assessed as aforesaid for the breach of any such ordinance, the Mayor or Justice, shall at once proceed to enforce the collecting of such fine, in such manner as may be prescribed.

ORDINANCE No. XXIII.

Small-Pox.

Section 1. Be it ordained by the City Council of the City of Fairfield; That whenever a case of small-pox or varioloid shall occur within the limits of the City, it shall be the duty of the attending physicion forthwith to cause to be posted in a conspicuous place in front of the house where such disease may be, a notice in large letters as follows, to wit: "Small-Pox Here."

Sec. 2. It shall further be the duty of such physician, after visiting such patient, to change his clothing before visiting patients with other diseases or otherwise associating with the citizens of said City.

Sec. 3. It shall be the duty of all the members of the family in which such disease may exist, and of all other persons attending upon or visiting the sick in such cases, carefully to change their clothing before associating with any other of the citizens of said City.

Sec. 4. Whenever such disease is spreading within said City, and in the opinion of the City Council the health of said City requires, they shall provide a temporary hospital for small-pox patients, and adopt and publish such rules and regulations for the government of the same and removal of patients thereto as they shall deem necessary.

Sec. 5. Any person having the small-pox or varioloid within the limits of said City is forbidden from leaving his residence until in the opinion of his physician, there is no danger whatever of his communicating the disease to any other person.

Sec. 6. Any physician or other person violating any of the provisions of this ordinance shall be fined in any sum not less than five dollars nor more than one hundred dollars, or imprisonment not exceeding thirty days, at the discretion of the court.

Sec. 7. It shall be the duty of the Marshal to arrest any person whom he shall find violating any of the provisions of this ordinance, and to take him before the Mayor or any Justice of the Peace in said City, and upon complaint made to the Mayor or any such Justice of the violation by anyone of any of the provisions hereof, he shall issue his warrant for the arrest of such person forthwith.

Sec. 8. This ordinance shall take effect fifteen days from and after the same is posted in the hall of the Post Office in said City.


"THE FAIRFIELD LEDGER"
THURSDAY, JUNE 3, 1858
Page 2, Columns 2 and 3

ORDINANCE No. XXVI.
(Note: Should be Ordinance No. XXIV?)

Section 1. Be it ordained by the City Council of the City of Fairfield, That the plank walks heretofore provided for by ordinance passed March 11th, 1857, shall be continued to a point adjacent to the grave yard, on the following route, to-wit: Commencing on Washington Street at the South-West corner of Lot 5 in Block 3 in Henn, Williams & Co's addition to the City of Fairfield; thence North along the East side of Washington Street to the South-West corner of Lot 8 in Block 14 in said addition; thence East along the South side of Block 14 to Williams Street;--thence North on the West side of Williams Street to the North-East corner of Block 23 in said Henn, Williams & Co's addition.

Sec. 2. Said plank walks shall be of the same description as specified in section 2 of ordinance in relation to pavements, passed March 11th, 1857, and at the corners of each block they shall project eight feet from such corner so as to connect with the street crossings hereinafter provided for.

Sec. 3. The owners of all lots and parts of lots along the route designated in section 1st of this ordinance, are required within two months after the taking effect hereof to construct plank walks adjacent to the respective lots or parts of lots.

Sec. 4. In case of failure or neglect of any of such owners to construct said walks within the time required, it shall be the duty of the Recorder of said City to advertise two weeks for bidders for the construction of such walks by the rod, and to contract in the name of the City with the lowest and most responsible bidder for the construction of such walks, and to apportion to the owners of such lots or parts of lots their respective proportion of the cost of said construction, and the same shall stand as a lien against such lots or parts of lots.

Sec. 5. It shall be the duty of the Recorder of the City after making apportoinments (sic) as aforesaid, to make publication of the same in the papers of said City, designating the owners of said lots or parts of lots, and describe the same by number or otherwise, and state the amount so apportioned to said lots of parts of lots for the construction of said plank walks. And if the amount apportioned is not paid into the City Treasury within thirty days after such publication, then it will be the duty of the Recorder to issue to the City Marshal a warrant to collect the same. And the Marshal shall forthwith proceed to collect the same in the same manner as is provided for the collection of taxes:-- Provided, however, That if it is thought preferable by the City Council the collection of said apportionments may be collected by suit in the name of the City.

Sec. 6. It shall be the duty of the Recorder immediately on the taking effect of this ordinance, to advertise for bidders and to contract in the name of the City with the lowest and most responsible bidder for the construction of all street and alley crossings on the above named route, necessary to connect the plank walks above provided for: Provided, the same shall be of the following description, to-wit: Of solid oak block, three feet long, and not less than twelve inches in diameter, set in the ground two feet apart from centre to centre and so as to project above the surface of the ground four inches.

Sec. 7. This ordinance shall take effect fifteen days from and after it publication according to law.

Sec. 8. The construction of such pavements and crossings shall be under the supervision of the City Supervisor, who shall see that the same are uniform.

Approved May 27, 1858.


"THE FAIRFIELD LEDGER"
THURSDAY, JUNE 24, 1858
Page 2, Columns 4 and 5

ORDINANCE No. XXV.

Section 1. Be it ordained by the City Council of the city of Fairfield, That whenever in the opinion of the Mayor the public good requires, he is authorized and empowered to appoint and employ on behalf of the City one or more persons to act as a night police.

Sec. 2. Such appointments shall be made in writing under the hand of the Mayor and attested by the Recorder with the corporate seal affixed, and such person so appointed shall take and subscribe an oath faithfully to discharge his duties.

Sec. 3. It shall be the duty of said police to patrol said City during the hours of the night and to arrest all persons found fighting, rioting, or by drunkenness or otherwise breaking the peace or in commission of any crime, and lock up such persons in the City Calaboose until the morning of the next day, and then to enter complaint against them before the Mayor or some Justice of the Peace within said City. And it shall further be the duty of said police, and they are authorized, empowered and required to stop all persons found wandering about the streets or alleys of said City between midnight and day break, and to require of such persons their name, place of residence and business abroad at such hours, and in case such person or persons refuse or fail to give a satisfactory account of themselves, it shall be the duty of said police to arrest and imprison them in the City Calaboose as vagrants, and upon the following morning to enter complaint before the Mayor or some Justice within said City that thay may be dealt with according to law.

Sec. 4. Said police when appointed shall continue to act until removed by the Mayor, or otherwise ordered by the City Council, and they shall each receive for the night services the sum of $1,50 to be paid from the City Treasury.

Sec. 5. This ordinance shall take effect and be in force from and after fifteen days from its being posted as required by the charter.

I, Geo. A. Wells, Recorder of the City of Fairfield, do certify that the above is a true copy of Ordinance No. 25, passed by the City Council at their meeting on May 20th, 1858, posted May 22d, 1858.
GEO. A WELLS, Recorder.

ORDINANCE No. XXVI.

Section 1. Be it ordained by the City Council of the city of Fairfield, All pavements fronting on the Public Park in said City, shall be raised or lowered so as to be uniform to the grade as heretofore established by Smith H. Mallory, City Engineer, and all such pavements shall be twelve feet in width, and the pavements cornering on the square, known as eye-tooth lots, shall be placed to said grade.

Sec. 2. The owners of all lots and part of lots fronting on said park, shall within two months after the taking effect of this ordinance, construct the pavements in front of their respective lots so as to comply with the requirements of the previous section.

Sec. 3. In case of failure of all or any of the owners of such lots or parts of lots to comply with the provisions of this ordinance within the time specified, then and in such case, it shall be the duty of the Supervisor to superintend the construction of such pavements so as to make them conform to the requirements of this ordinance--and for that purpose said Engineer shall on behalf and in the name of the city employ the necessary hands and purchase the necessary materials, and he shall keep an accurate account of the expense of the construction of each pavement in front of each lot or part of lot, and shall file with the City Recorder a statement thereof in writing, and said Recorder shall apportion to the owner of each lot or part of lot their respective proportion of the expense, and the same shall stand as a lien against such lot or port of lot, provided that any of such pavements which have heretofore been raised or lowered at the expense of the owner so as to conform to a previous grade, shall now be raised or lowered at the expense of the City, but any other expense necessary to make such pavements conform in width or otherwise to the requirements hereof, shall be apportioned as aforesaid.

Sec. 4. All such pavements when built by the owner shall be of brick, stone or plank as he may prefer, but where of plank the same shall be of solid oak not less than one and one half inches thick and laid upon solid oak stringers not less than four by four inches, and placed not exceeding 4 feet apart, and when said work is done by the Supervisor, he shall use all materials now in any of said pavements, provided the same are suitable, and shall furnish others of like kind to complete such pavement when necessary, but where in any case the material is not fit to be again used, said Supervisor shall construct such pavement of plank as aforesaid.

Sec. 5. The Recorder of said City shall as soon as practicable after making apportionment as aforesaid, make publication of the same in the Fairfield Ledger, giving the name of the owner, if known, and describing each lot or part of lot by number or otherwise and stating the amount apportioned to each, and if such amount is not paid to the City Treasurer within 30 days after such publication, said Recorder shall issue to the Marshal a warrant to collect the same, and said Marshal shall proceed to make such collection in the same manner as is provided for the collection tax, but if thought preferable by the City of Council (sic), the collection of each apportionment or any part thereof may be by suit in the name of the City.

Sec. 6. This ordinance shall take effect fifteen days after its publication as provided by the City charter.

I Geo. A. Wells, Recorder of the City of Fairfield, do certify that the above is a true copy of Ordinance No. 26, passed by the City Council at their meeting held May 20th, 1858, posted May 22d, 1858.
GEO. A. WELLS, Recorder.

I Geo. A. Wells, Recorder, do certify that the above Ordinances No's. 25 and 26 were posted in the Hall of the Post Office by me on the 22d day of May, 1858.
GEO. A. WELLS, Recorder.


"THE FAIRFIELD LEDGER"
THURSDAY, SEPTEMBER 2, 1858
Page 2, Column 2

ORDINANCE No. XXVII.

Section 1. Be it ordained by the City Council of the City of Fairfield. That any person desirous of keeping a Billiard Saloon, a Ten-Pin or Nine-Pin Alley within the limits of said City, shall take out a license therefor as herein provided.

Sec. 2. The license fees in such cases shall not be less than twenty-five dollars, nor more than one hundred dollars for the period of one year, or in the same proportion for any less period, provided that no license shall be issued for a less period than six months.

Sec. 3. The applicant shall apply to the Mayor, or in his absence to one of the Trustees and pay him the license fee, as may be fixed by said Mayor or Trustee within the limits as aforesaid, and said Mayor or Trustee shall thereupon give to said applicant a receipt in writing, specifying the amount paid and the period for which the license is to be issued, and upon presentation of such receipt to the Recorder of the City, he shall issue a license accordingly in the name and under the seal of the City, for which the applicant shall pay the Recorder one dollar.

Sec. 4. Any person who shall keep within the limits of the City after the taking effect of this ordinance, any Nine-Pin or Ten-Pin Alley, or any Billiard Saloon, without first taking out a license as herein provided for, shall be fined not less than fifty dollars, no more than one hundred dolalrs for each offence, to be assessed as provided for the assessment of other fines.

Sec. 5. This ordinance shall take effect and be in force fifteen days from and after the posting of the same in the hall of the Post-Office, in this City.

I Geo. A. Wells, Recorder of the City of Fairfield, do certify that the above ordinance No. XXVII, was posted by me in the hall of the Post-Office in this City, on the 27th of Aug. 1858. Geo. A. Wells, Recorder of the City of Fairfield.


"THE FAIRFIELD LEDGER"
THURSDAY, SEPTEMBER 16, 1858
Page 3, Column 1

LOCAL COLUMN

Hogs vs. Ordinance: The great agony is over. The public mind is at ease. The great case has been decided, and the ordinance prohibiting the runnng at large of swine within the City limits has been decided invalid.-- Well, the thing is over with, for the present at least. What next?


[Note: I was not able to locate Ordinances XXVIII, XXIX, and XXX, in the papers.]


"THE FAIRFIELD LEDGER"
THURSDAY, DECEMBER 23, 1858
Page 2, Column 2

ORDINANCE No. XXXI.

Be it ordained by the city Council of the City of Fairfield, Sec. 1, That Sec. 4, of Ordinance No. XII, be amended as follows:

The words "thirty days," in said Sec., shall be erased, and instead thereof, "one year," shall be inserted.

Sec. 2, That this ordinance shall take effect and be in force fifteen days from and after the posting of the same in the hall of the Post Office in said City.

I, Geo. A. Wells, Recorder of the City of Fairfield, do certify that Ordinance No. XXXI, was posted by me, in the hall of the Post Office, on the 17th day of Dec., 1858.
GEO. A. WELLS, Recorder.


[Note: I was not able to locate Ordinance XXXII in the papers.]


"THE FAIRFIELD LEDGER"
FRIDAY, FEBRUARY 25, 1859
Page 2, Column 3

ORDINANCE No. XXXIII.

Be it ordained by the City Council of the City of Fairfield--

Section 1. That hereafter all coal sold within the limits of the city of Fairfield, or sold without said limits to be delivered within said limits, shall be weighed by the weighmaster of said city before delivery; and it shall be the duty of said weighmaster to enter in his register all loads of coal so weighed by him, and at the time of weighing to deliver to the person hauling such load a certificate of the weight according to the standard weight per bushel as fixed by law, which certificate shall be delivered by the person hauling said coal to the purchaser of such coal at the time of delivery.

Sec. 2. The person hauling any load of coal, shall pay, at the time of weighing, to the weighmaster, for the use of said city, ten cents, for weighing and for certificate as aforesaid, the one-half of said sum to be paid by the purchaser to the seller.

Sec. 3. Any person delivering coal within the limits of said city, and any person receiving coal within said city before the same has been weighed as above provided, shall be fined not less than five dollars nor more than twenty dollars for each offence.

Sec. 4. It shall be the duty of the weighmaster to report all violations of this ordinance, and it is also made the special duty of the Marshal to file complaint against each and every person violating any of the provisions of this ordinance.

Sec. 5. This ordinance shall take effect and be in force fifteen days after the same shall have been posted by the Recorder in the hall of the Post Office in said city.

This ordinance was posted by me in the hall of the Post Office on this the 22d day of February, 1859.
GEO. A. WELLS, City Recorder.



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