all reasonable times, shall be open to the inspection of the electors of the city. He shall, as often as the council requires, render a minute account of his receipts and payments, and at the expiration of his term of office he shall pay over and deliver to his successor all moneys, books and vouchers in his possession belonging to said city.

Duties of city

SECTION 7. It shall be the duty of the clerk to keep a record of the transactions of the common council, clerk. especially of the passing of by-laws, ordinances, rules resolutions and regulations, and also a faithful record of the doings and votes of the inhabitants of said city, at their annual and other legal meetings; and to keep on file all papers which may be ordered by the council. The records kept by the clerk shall be evidence in all legal proceedings, and copies of all papers duly filed in his office, and transcripts from the record of proceedings of the common council certified by him under the corporate seal, shall be evidence in all courts of the contents of the same. He shall keep the corporate seal of the said city. He shall keep a full and accurate account of all orders drawn on the treasury, in a book provided for that purpose, and shall keep all accounts of the corporation with individuals, and shall also keep an accurate account with the treasurer, and charge him with all taxes levied, and sums of money paid into the treasury, and all receipts for the payment of money or property to the treasurer, shall be countersigned by the clerk before they shall be a legal voucher against the city. The clerk shall have power to administer oaths. SECTION 8. The attorney shall conduct all the law Duties of city business of the city and of the departments thereof, attorney. and all other law business in which the city shall be interested, when so ordered by the common council. He shall, when required, furnish written opinions upon subjects submitted to him by the mayor or council. He shall keep a docket of all cases to which the city may be a party in any court of record, in which shall be briefly entered all steps taken in each cause, and which shall, at all times be open to the inspection of the mayor or council. It shall also be the duty of the city attorney to draft all ordinances, bonds, contracts, leases, conveyances and other instruments of writing as may be required by the business of the city; to examine and inspect tax and assessment rolls, and all proceedings in reference to the levying and collection of taxes and assessments, and to perform such other duties as may be prescribed by the charter and ordinances of the city.

Other duties of officers.

Penalty for withholding books, etc.

Style of ordi

nances.

Excise regulations.

from

SECTION 9. The council shall have power time to time to require other and further duties to be performed by any officer whose duties are herein prescribed, and to appoint such other officers as may be neccessary to carry into effect the provisions of this act, and to prescribe their duties and to fix the compensation of all officers elected or appointed by them. Such compensation shall be fixed by resolution at the time the office is created or at the commencement of the year, and shall not be increased or dimished during the term such officer shall remain in office.

SECTION 10. If any person having been an officer in said city shall not within ten days after notification and request, deliver to his successor in office all property, moneys, books, papers and effects of every description in his possession belonging to said city, or pertaining to the office he may have held, he shall pay and forfeit to the use of the city one hundred dollars, besides all damages caused by his neglect or refusal so to deliver, and such successor may recover the possession of such books, papers and effects in the manner prescribed by the laws of this state.

SECTION 11. The style of all ordinances passed by the council shall be, "The mayor and common council of the city of Darlington do ordain as follows." The mayor and three members of the council, or four members of the council, sball constitute a quorum for the transaction of any business, and in the absence of the mayor, the members of the council present shall appoint one of their number president pro tem., who shall possess all the powers of the mayor, except as police justice.

CHAPTER V.

OF EXCISE.

SECTION 1. The council shall have the exclusive authority, within the corporate limits of the said city, to grant or refuse according to law or ordinance, or both, licenses for selling wine, beer, or cider, or spirituous, intoxicating, alcoholic, vinous, fermented, malt or mixed liquors, liquids or drinks; regulate and license groceries, taverns, hotels, victualing houses, and saloons, where such liquors are sold, and all persons vending or dealing in any such liquors, drinks or liquids, and to revoke the same; and no person shall sell, vend, deal in, or for the purpose of evading the provisions of law or of this act, or the ordinances of said

city, give away any such wine, beer, cider, or intoxicating, spirituous, alcoholic, vinous, fermented, mixed or malt liquors, liquids or drinks, within such corporate limits, without having first obtained license therefor, as provided by this act, and the laws of this state, and the ordinances of the said city; and any person. who shall in any manner violate any of the provisions of this section, or the ordinances, or the laws herein. referred to shall, on conviction thereof, be punished as provided by the laws of this state, or the ordinances of said city on this subject; and all such offenses shall be prosecuted as provided by such laws or ordinances. All money received for such licenses shall be paid to the treasurer of said city for its use; provided, that the sum to be paid for any such license shall not be less than the amount fixed and provided by the laws of this state, or the ordinances of the said city, and that no licenses shall be granted for a longer period than the residue of the term of office of the council granting the same; and provided further, that no person thus li censed, or without being so licensed, shall sell or give away any such wine, beer, cider, or spirituous, intoxicating, alcoholic, vinous, fermented, mixed or malt liquors, liquids or drinks, on any election day or on Sunday. In all prosecutions for any violation of this section, or of the laws or ordinances herein referred to, it shall be sufficient to allege in general terms, the selling, vending, dealing in, or giving away without such license of any such inhibited liquors, liquids or drinks, and the proof on the trial of such selling, vending, dealing in or giving away to any person of any one of such inhibited liquors, liquids or drinks, shall be suffi cient to warrant and sustain a conviction; on proof that the person charged kept a bar, sideboard or other thing, or fixture, with bar furniture, usually used by persons vending or dealing in such inhibited liquors, liquids or drinks, shall be prima facie evidence suffi cient to warrant and sustain a conviction, or proof that any person permits the drinking of any inhibited liquors, liquids or drinks, before mentioned, which have been purchased or procured by clubs or other combinations of people, on his premises; or the treat ing, sampling, or giving away of any such inhibited liquors, liquids or drinks in any place of business or public resort in said city, such as groceries, bazaars, stores, taverns, hotels, victualing houses, saloons, shops, warehouses, or other places, the owner or occupant thereof not having first obtained license according to

General powers

of common council.

law or the ordinances of said city, shall be deemed a selling of the same.

CHAPTER VI.

GENERAL POWERS OF THE COMMON COUNCIL.

SECTION 1. The common council shall have the control and management of the finances and of all the property of the city, and shall likewise, in addition to the powers herein vested in them, have full power to make, enact, ordain, publish, enforce, alter, modify, amend and repeal all such ordinances, rules, regulations, resolutions and by-laws for the government and good order of the city, for the suppression of vice and immorality, for the prevention of crime, and for the benefit of trade, commerce or health, as they shall deem expedient; declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinances, rules, resolutions, regulations or by-laws; and such ordinances, rules, regulations, resolutions and by-laws are hereby declared to be, and have the power and force of laws; provided, that they be Lot repugnant to the constitution and laws of the United States or of this state, and for these purposes shall have authority by ordinances, resolutions, by-laws, regulations or rules:

1st. To license and regulate the exhibition of common showmen, or shows of any kind, or the exhibition of caravans, circuses, or theatrical performances, and to provide for the abatement and removal of all nuisances under the ordinances or at com:non law; to restrain, prohibit or license billiard tables, ten pin or other ball alleys, or the setting up or playing on the same in said city.

2nd. To restrain and prohibit all descriptions of gaming and fraudulent devices and practices, all playing of cards, dice, or other games of chance for the purpose of gaming in said city; and to restrain any person from vending, giving or dealing in spirituous, intoxicating, alcoholic, malt, mixed, fermented or vinous liquors, unless duly licensed by them.

3rd. To prevent any riots, disturbances, or disorderly assemblages, suppress and restrain disorderly houses, or groceries, and houses of ill-fame, and to authorize the destruction of all instruments used for the purpose of gaming.

4th. To compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap factory, tan

nery, stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same from time to time, as often as it may be deemed necessary for the health, comfort and convenience of the inhabitants of said city.

gun.

materials.

5th. To direct the location and management of, and Combustible to establish the rules for, and license venders of powder, and regulate the storage, keeping and conveying of the same, or other combustible materials.

streets.

6th. To prevent the encumbering of the streets, To prevont ensidewalks, lanes and alleys with carriages, sleighs, box- cumbering of es, lumber, firewood, or other materials or substances whatever, and to prevent the digging or sinking of mineral or other shafts, or holes in the streets, alleys or other public grounds of said city.

7th. To prevent the public exhibition of stallions, horse racing, immoderate riding or driving in the streets, or over the bridges, and to regulate the places of bathing in the water within the limits of said city.

animals.

8th. To restrain the rutning at large of horses, cat. Distraining of tle, mules, asses, swine, sheep, poultry and geese, and to authorize the distraining and impounding and sale of the same.

9th. To prevent the running at large of dogs, and to Dogs. authorize the destruction of the same in a summary manner, when at large contrary to the ordinances.

10th. To prevent any person from bringing, depos- Nuisances. iting, or having within said city any putrid carcass or other unwholesome substance, and to require the removal of the same by any person who shall have upon his premises any such substance, putrid or unwholesome, unsound beef, pork, fish, hides or skins of any kind; and on default of such person to authorize the removal thereof, by some competent officer, at the expense of such person or persons.

grounds.

11th. To make and establish pounds, and appoint Improvement poundmasters, and fence viewers, and prescribe their of public powers and duties; also to protect shade or ornamental trees, on the public squares or in the streets of the corporation, and the monuments of said city; also to fence the public squares and grounds of said corporation and to protect the same.

tions.

12th. To establish and regulate boards of health, Health regu'aprovide hospitals for those infected with small pox or other contagious diseases, and order and regulate the removal of such persons from the city, when its health and safety so require, and to provide grounds for the burial of the dead.