PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

before prescribed, and in case that at any election to be
held under this act, there should be a tie, or any of said
officers so elected, should refuse to act, die, resign, be
disqualified, or remove, then in such case a new elec-
tion shall be held in two weeks after such fact shall
have become known, upon at least one weeks notice to
be given by the mayor, or one or more of the common
council, or five or more of the voters in manner as is here-
inbefore provided, and the said election shall be con-
ducted under the direction of three judges or any two of
them who shall he appointed by the Mayor, or one or
more of the common council, or five or more of the
voters, as the case may be, and the person or persons so
elected shall serve until a new election.

CHAP. 299.

SEC. 5. And be it enacted, That the common coun-
cil shall be the judges of the qualifications of the mayor
and of their own members, shall have power to pass or-
dinances to preserve the health of the city, to prevent
and remove nuisances, to regulate the colored popula-
tion, to suppress gambling, to license and charge there-
for, public amusements, not taxed by the State, to open
and keep open streets, lanes and alleys, with the consent
of the owner or owners of the land through which
the same may pass, or upon paying damages therefor to
be assessed by three disinterested persons to be by them
appointed, to grade and pave streets, and to lay flag
stories across the same, and require the owner or owners
of the lot or lots, in front of which the said grading
and paving is to be done, to do the game at his, or their
own proper cost and expense, and in case the same shall
be neglected for the space of two months after notice shall
have been given by the mayor, to direct the mayor to cause
the same to be done, and the expense thereof shall be a
lien on said lot or lots, and may be recovered by action
of debt, in the same manner as all debts are recovered
in this State, to impose fines and penalties for the breach
of any ordinance which they may pass, to be recovered
before a justice of the peace by action of debt, to lay
and collect a tax on the real and persona] property of
said city, not exceeding ten cents in every hundred dol-
lars of the assessed value thereof, and all ordinances in
general to promote the health and peace and prosperity
of said city, and which shall not be in violation of the
constitution and laws of this State and of the United
States.

Corporate
powers, etc.

SEC. 6. And be it enacted, That the mayor, by and
with the advice and consent of the common council,
may appoint a bailiff or bailiffs, not exceeding three,
who, within the city limits, shall have all the power

To appoint a
bailiff and a
clerk.