Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1853-04-14

Tue CIV Ot Newport
Voted and R'soi'ed, That the said Act be cou-
tinurd To the next May session, Of this General
Assembly, and that, in the mean time, the town
of n wport cause notice of the pendency Of the
said Act, TO he given to all persons Interested
therein, by causing copy of the same with
copy Of this vot. to be- pidhshed for three cue.
crssive weeks in the Newport Daily News, II
newspaper published III Newport, the last pub
llcaton to bc at ieasi thirty da,s before the said
Miiy Session Of this General Assembly.
a true copy, attest,
mli A. POTTER, sec'ry,
AN ACT FOR INCORPORATING TIE CITY
oF NEWPORT.
~ ~ enacted bythe G,n0ai .fss,nLiy as Joiows
ntorios ., The town oi Newport with the inhnbi-
tHats thereof shull continue 10 he body poliliC
Mud corporate, by the name Of the City uf Nrw.
port and as such shall have exercise and er"y all
r.hts, ihn,nnities powers, privileges and ran,hses,
hhd be subject To all the dui,s and obligations now
appertalh'ng to or incumbent upon the ireemen aud
Town Council thsre,i may ordain aud publish such
acts, laws and regulations NJ shall be- neednl Ia the
good order of said body pnhtic aud hlci fines ani
penalties inr breaches thereof not eAcredin. t~o
h1hdr'd dollars aud sis months imprisonment hr
any offence.
SIC. 2. The administration of Mi the fiscal, pru-
dental nnd municipal affairs of said city, win thr
government thereof shal be- vested IN one principal
lyagistratr, being an -lector oi SAID city, 10
be called the may or ole council Of five persuns he
Jug cleo tors 10 he calrd the board oi Aldermen and
council of ten persons. being also electors 20 he
called tho CUInlon ouncil which boards united
shall lie called the city council together With such
other mag isiraics or Officers Ms by this act are or
hereafter may by the laws Of this state Hnd OF sand
city be prescribed, each of whom shall bee sworn az
affirmed to the performance OF the duties oithei> re-
spectse Offices and Ia support the constitution Of
this State and oi the United states.
ssc 3. The Mayor Of said city ,hall be the chief
executive magistrates thereof and eN.oIiicio justice
Of the peace whin the city. IL shall be his duty to
Le viglant and active in causing the law TO be exc
cnied and enforced and in order TO enale him more
~feciuaiy to preserve the peace and good order OF
the city, lie shall have within the limits Of said city.
all the powers given q sitrIfs and other officers ~
and by an act entitled An act To prevent ionts,
riots and itumntuous assemblies, aud the evN cohse-
quenoes thereof"
lie is hereby empowered to commit to prison for
term exceeding twenty -four hours, any per on or
persons who may be found committing any mis chief,
or otherwise behaving in dsorderly manner with
in said city, TO the disturbance or annoyance oi The
peaceabe Inhabitants thereof. lie shall exercise
general supervision over the conduct o all subordi-
nate officers aud cause their violations of duty TO be
prosecuted and punished. lie may call meetings OF
the board OF aldermen and common council or either
Of fthein, although one or both OF them, may have
been adjourned 10 n more distant day He shall
from time to time communicate To both Of them such
information, and recommend such measures as the
business and interests Of the city H. his opinpOn may
require. lie shall preside in the board OF Aldermen
and joint meetings Of the two boards, hut shall have
Sonly casting vote The salary OF the Mayor shall
be Two hundred and fifty dollars, payable nj stated
periods, and may be raised to sum not exceeding
four hundred dollars, by concurrent vote oi both
branches Of the city council, whenever in their
judgment the interest oithe city shall require Il
SEC. A. All the powers now vested in or by tins
charter conferred upon. the inhabitants or electors
of the town Of Newport, or in the Town Council
thereof shall be vested in the Mayor and Aldermen,
aud In the Common council OF said city, To be eN-
crcised by concurrent vote, each board tn have ne
gative upon the other. But elections of officers by
the city Council shall be had in convention of the
two bosrds, and whenever required by any member
OF tha Convention, shall be by ballot.
The city Council shall appoint all n 'ocssary oil.
ccrs define the duties, and fix the conItnsnii"n vi
officers in cases where such duties, fees and com
pensation shall not he defined aud fixed by this
charter or the laws of the State and may by con-
current vote two thirds OF the members elected ot
each board voting In the Affirmative, remove officers
Of their appointment for misconduct. No oompen'
saton shall he n lowed TO any member Of the Lom-
mon Council or board OF A Aldermen, nor shall ANY
member ofeither board, within the time for which
he shall have been elected M such, be eligible To any
office of profit in the gift Of the city Council. AL
officers shall be chosen aud vacancies filled for the
current year, except Ms herein otherwise directed
The city ,ouncil shall take care that monies shall
net be paid from the city treasury unless granted
appropriated and shall secure just and proper nc
tountabilityi by requiring bond with sufficient penal
~ and surety or suTeties from all persons entrusted
with the receipt custody, or disbursements of mon
les shall have the care and eIntendence OF city
buildings and the custody, care and management Of
all the city estate and property, with power TO let
or sell that which may 10 legally let or sold, ald To
purchase and take in the name Of the city such real
aud personal property rs they may think useful Ia
the publ,c interest. Nothing however contained ~
this charter shall be construed either giving the
Cry Corporation any Banking privileges or the
power to subscribe to any iairoad, canal, or any
public work whatever, or TO do aud transact ANY
matter except such belongs to the '.timate du
T tiss Of a municipal body within It's own province
giving power 10 vote money for any object cN-
cert TOR The regular ordinary aud usual expenses OF
the city And any project proposition inv"N NJ
Hny expenditure Of m"ney exceeding the sum of
three thousand dollars In any one year shall first
lao nl tl..
t"rs voting in ward meetings legally called tor that
4 purpose.
All taxes ordered to Le assessed by the City Coun
cd or by the General Assembly, shall be assessed,
appertioned and collected according to the modes
prescribod by the laws of the state; and that the
City Council, often as once year, ahall caused
90 be published for the information OF the inhabitants
y particular account OF receipts and expenditures,
with schedule OF city properly and debts.
Sec s. All the by y-lsws, ordinances aud rcgua
tions heretofore made by the ieenen of the town Of
Newport, or by the town council thereof, and now in
force, SHALL notwithstanding this ACT, lie and remain
an force until they shall expire by limitation be
repealed by the city council. And prosecutions aud
suits may be continued, commenced and proceeded
thereon, IN the name Of the city, the case may
be, Of the officers or other persons by said by laws
ordinances and regulations, empowered or directed
prosecute and sue; and the fines aud penalties
covered shall go to the uses in such bylaws ordi.
nances and regulations named, according Ia law,
Sec. 8. The court Of Justices Of the town Of New
port shall he sty led the of justices OF the city
of Newport and In addition 10 its present powers
and jurisdiction. which are hereby continued to H.
shall have cOgnizance of all offences against the by
laws and ordinances which may be established by The
<lty council of the City Of Newport which do not
exceed their Jurisdiction as established by law, and
may, on conviction thereof, award such sentence ms
10 law and justice may appertani and any person
Hggrieved by such sentence, may appeal therrfrom
90 the court OF common pleas for the county of New
port, under the restrictions and conditions provided
by law in other cases of appeal from said court. Ii
shalt be lawful for said court so TO alter and vary
the form OF wris and other process, to make the
same consistent with the organization, style, and
jurisdiction oi tho court; and such wrs and process
shall have the same validity and extent, and be sery
ed obeyed, enforced, and returned in the same mode
aud by the same officers, are the wriis and pro-.
ccsses from the court Of justices for the town Of
Newport.
Sec. Z. There shall annually be appointed by the
city council one Judge Of probate, to whom shall be
paid instead Of fees Of Office as heretofore, salary
TO he fixed by the said city council, which shall not
be diminished within the time for which such judge
shall have been appointed, and which shall not eN-
coed two hundred and fifty dollars per annum. The
said Judge shall exercise the same probate jursdc.
tion exercised by the Probate Judge Of the town
Newport; and the probate business unfinished nj the
time of his coming into Office, shall be proceeded in
and finished by the said Judge Of probate and all pro
bate fees which by law now paid Ia the Judge OF
Probate, whom not RENTED by the Probate Judge,
shall be paid into the City Treasury.
Sec. 8. There shall be annually appointed by the
city council city clerk, whose powers and duties
shall be those now possessed and exercised by the
town clerk of the TOWN Of Newport, (ncluding that
Of probate cerkO and including ihe power to take
the Of deeds, &c with such Others
as NAV be pres rbed by this charter, by the bylaws
ordinances and regulations established by the city
council or BY the laws uf the State; whose compen.
s-ton shabe the fees Of Office rs by general law
tnblished.
Sec 9. For the purpose Of holding elections the
all inta nva n N