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rules authorizing changes of venue before Justices of the

Peace. City Attorney Sec. 3. The Council may appoint a Prosecuting Attor

ney for said town, and pay him from the Treasury of the

corporation such sum as may be reasonable. Repeal SEC. 4. All acts and parts of acts coming in conflict

with this act, be and the same are hereby repealed. Take effect. SEC. 5. This act to be in force from and after its publi

cation in the paper published in Bloomfield, the expense of publication to be paid by the corporation of said town.

APPROVED, July 12th, 1856.

I certify that the foregoing act was published in the “Iowa Flag,” a paper published in Bloomfield, on the 26th day of July, 1856.

GEO. W. MOCLEARY,

Secretary of State.

CHAPTER 20.

WAPELLO CITY.

AN ACT to incorporate the City of Wapello, in Louisa county, Iowa.

Boundaries.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all that territory lying in township seventy-four north, range three west of the principal meridian, described as follows: Commencing in the middle of the main channel of Iowa River, opposite Pleasant street, in England's addition to Wapello, thence west to Water street, thence north on the east side of Water street to Mills street, thence along the west side of the Wapello mill race,

until it intersects the section line between sections twenty-two and twenty-seven, in said township; thence west with said section line to the north-west corner of said soetion twenty-seven; thence south with the section line to the south-west corner of said section twenty-seven; thence south eighty rods; thence east to the middle of the main channel of the Iowa River; thence up said main channel to

the place of beginning, is hereby incorporated into a city by the name of Wapello.

Sec. 2. The said city is made a body corporate, and in- Corporation. vested with all the powers and attributes of a municipal corporation.

Sec. 3. The legislative authority of the city is vested Legislative in a City Council, consisting of a Mayor, and Board of authority. Councilmen, composed of two from each ward of the city.

Sec. 4. The said city shall be divided into three wards Wards. as follows, to-wit: The first ward, all that portion lying between the north boundary of said city and Van Buren street. The second ward, that portion lying between Van Buren and Washington streets. The third ward, that portion lying between Washington street and the south boundary of the city; Provided, the said City Council may change, unite or divide the said wards, or any of them, whenever they shall think it for the interest of the city.

SEC. 5. Every white male citizen of the United States, Citizenship. of the age of twenty-one years, who shall have been a resident of the city six months preceding the election, is declared a citizen of said city, and is entitled to vote at all the elections thereof.

Sec. 6. The election of the city (for officers) shall be conducting conducted in a similar manner to that in which the elections are conducted in the townships, as near as the nature of the case permits.

Sec. 7. A person offering to vote may be challenged as Challenge. in other elections in the township, and an oath may be administered to him in like manner, naming the qualifications herein prescribed.

Sec. 8. No person shall be eligible to any elective of- Who ineligifice mentioned in this act, unless he be a legal voter of the ble. city, and has been a resident thereof for one year next preceding his election.

Sec. 9. That the qualified electors of said city shall on Election of ofthe first Monday of September, A. D., 1856, and annually on ficers. the same day thereafter, elect a Mayor, and at the same time şix Councilmen, a Recorder, an Assessor, a Treasurer, a Marshal; and the Mayor and Councilmen so elected,

elections.

when assembled together and duly organized, shall constitute the City Council; a majority of whom shall be neces

sary to constitute a quorum for the transaction of business. Term. . They shall be elected for the term of one year, and until

their successors are elected and qualified. The Mayor, Recorder, Assessor, Treasurer, and Marshal shall be elected

by the legal voters of said city. Mayor's duty. Sec. 10. It shall be the duty of the Mayor to see that the

laws and ordinances of the city are executed, and their violation punished, to superintend and direct the official conduct of subordinate officers; to sign and seal all commissions, licenses and permits, granted by the City Council, and to perform such duties, and exercise such powers as pertain to the office of the Mayor of a city, and such as may be granted, or imposed by the ordinance of the city consis

tent with law. Judicial func- SEC. 11. He shall be a conservator of the tions.

within

peace the city, and (ex-officio) justice of the peace, and invested with exclusive original jurisdiction for the violation of the ordinances of the city, and with criminal jurisdiction of offences against the laws of the State, committed within the city, and with civil jurisdiction limited to the city, in the same manner as that of Justices' are or may be limited to their township. He shall not be disqualified from acting in such judicial capacity, by any proceeding, being in the name or behalf of the city : Provided, that in case of the inability of the Mayor of Wapello to act as a Justice or conservator of the peace, or to perform the judicial duties of

his office, whether said inability arise from sickness, abJustice of the sence from home, or any other cause; any Justice of the pello town- Peace of Wapello township may take cognizance and jurisship.

diction of cases arising under any of the ordinances of said city, such inability being entered of record of the Justice

acting in such cases. Appeals.

SEC. 12. Appeals to the District Court in the same county shall be allowed from the judgments and decisions of the Mayor in the same cases, time and manner, as may at any

be allowed by law from those of other Justices, and they Feer.

shall be tried as in other cases. He will be entitled to de

or.

mand and receive the same fees as are at the time allowed by law to Justices of the Peace. He shall be the presiding Preside. officer of the City Council when present, and shall give the casting vote when there is a tie, and in his absence the Pres't. P. T Council may appoint a President for the time being from their own body. Sec. 13. The Council shall be the judge of the qualifi-Powers of

Council. cations and elections of its own members; it may determine the rules of its own proceedings, and shall keep a record thereof, which shall be open to inspection of every citizen, and may compel the attendance of its members in such manner, and by such penalties as it may adopt. Sec. 14. The Marshalshall be a conservator of the peace,

Marshale

duty: and is the executive officer of the Mayor's court, and shall execute and return all process directed to him by the May

And in cases for the violation of city ordinances, and criminal laws of the State, may execute the same

in

any part of the county, and shall have the same authority within the city, to quell riots and disturbances, to prevent crimes and arrest offenders, that the Sheriff has within his county, and may in the same case, and under the same penalties, require the aid of citizens, and perform all duties imposed by the Council. He may with the approval of the Council appoint one or more deputies, and discharge them, and he shall be responsible for their doing when acting officially. For service of legal process he shall be entitled to the same fees as a constable, and for services required by the Coun-cil such compensation as it may allow.

SEC. 15. The Treasurer, Recorder, Assessor and Mar-Bonds of shal shall give such bond, perform such duties, and exercise such powers as may be required of them by ordinance, not inconsistent with law.

SEC. 16. In all elections for city officers, the Mayor Elections. shall issue a proclamation to the voters of the city, naming the time and place of holding the election, and the officers to be elected; which proclamation shall be published by posting one or more copies thereof in each ward, at least ten days before said election. The polls shall be opened between the hours of 'eight and ten o'clock in the forenoon,

officers.

Recorded.

and coutinue open until four o'clock in the afternoon. Within two days after the election, the judges of said election shall make their returns to the Mayor, who shall examina and cause an abstract of the votes to be recorded in a book provided for that purpose: Provided, that the first election under this charter shall be held under the direction, and by the proclamation of the present Mayor of the town of Wa

pello. Ineligible, SEC. 17. No member of the City Council shall be eligi

ble to any office within the gift of the Council during the term for which he is elected, nor shall he be interested directly or indirectly in the profits of any contract or job of

work or services to be performed by the city. Ordinances,

Sec. 18. Ordinances passed by the City Council shall be signed by the City Mayor, attested by the Recorder, and before they take effect, be published in one or more

newspapers, published in the city, at least ten days, and if Published.

there be no such newspapers, they shall be posted up in each ward, the same length of time, they shall also be recorded in a book to be kept for that purpose, and signed by the Mayor and attested by the Recorder.

Sec. 19. It is the duty of the City Recorder to keep a duty.

true record of all the official proceedings of the City Council, and such record shall at all times be open to the inspection of any citizen.

Sec. 20. The Mayor, Council, Marshal, Treasurer, Recorder and Assessor shall take an oath to support the Constitution of the United States and of the State of Iowa; faith

fully and impartially to perform their duties to the best of Qualification their knowledge and ability. Other officers shall qualify of sub-officers. in such manner as may be prescribed by the Council. The

oaths of officers may be administered by the Mayor or Recorder, when he is qualified, and in the transaction of the business of the ccrporation,those officers and the Presidentfor the time being, may administer oaths, which shall have the same effect as if administered by other officers authorized thereto.

Sec. 21. The Recorder, Marshal and Assessor shall receive such fees as the City Council shall deem right, not

Recorder's

Oath of offi

cers.

Fees.

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