Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1853-04-07
!. POTTER, sec'ry,


lication To he NJ least thirty day b,lre the sad
May Session of this General Assembly.
true copy, attest,
MIL A. POTTER, sec'ry.
AN ACT FOR INCORPORATING TIE CITY
OF NEWPORT.
IT is Enacted By The General dss,nbiu ns foiiors ;
SECTION |. The town Of New porl with the iLhab-
tants thereof shall continue Ia be n body polite
and corporate, by the name of the tiy Of New
port AMI M such shall have, exercise AID enjoy all
rights, innuniiies powers privileges aid ranChscs,
aud be subject Ia all the duties aud obligations
appeHalhng to or incumbent upon the ir,eiGen and
Town Com Gil thereof may ordain and publish sue
acts, laws ana regulations shall br netdnl 10 the
good order OF said body polite and inflci fines and
penalties for breaches iLen oi, NOT exceeding iva
hundred dollars and siN months Imprisonment iur
any one offence
SEC. 2. The administration Of Mi the fiscal, pru-
Dental and municipal affairs Of said ciIy, with the
government thereof, shall be vested in one principal
magistrate, beng an elector Of said city, to
he called the mayor ore council of five IersGns be-
ing electors, To be called lhe board Of dermen aud
one council OF ten PERSONS being also electors to Re
called the Common Council which boards united
shall be called the city council together with such
other magistrates or officers as by this act ure
hereafter may by The laws of this state and oi said
city be prescribed, each Of whom shall he swcrn or
affirmed 10 The performance OF the duties oftheis re-
specti'e Offices, and to support the Constitution If
this State and Of the United States.
executive magistrates thereof aud es-ollico justice
ol the pence within the city. II shall he his duty Ia
be YiEitnt and active IN oHusing the law to be
culed and enurGed aud ia Idcr enahle him
ehecluaiiy 10 preserve the ieacc aLd good order al
the city, he shall have within The limits of said city
all The powers given sh,r IFS and other OilS ers IN
and by nm net entitled "An act to prevent routs,
riots ands slnnnuous assemblies, and the Evil
quentes lhereO,n
lie is hereby empowered TO commit TO prison for a
term not exceeding twenty -four hours any per
-.i...
or otherwise behaving in disordorIy manner with.
IN said cty. 10 the disturbance annoyance Of the
peaceab,e inhabitants thereof. lie shall exercise
general supervision over the conduct Of all rii-
nate officers ard caise their voaIions 6 duty to be
prosecuted and punished. lie may call meetings Of
the boad ol aldermen and common council, either
oi them, although one or beth of hrml, may have
been MlI"prntd 10 more distant day He shaf
from time To time communicate To both OF ihcm such
lniornniion, and recommend such measures ms The
business aud interests oi the ,ny in his opnpion may
require lie shall preside IN the board Of Ahi,lirtn
aid JOINT meetings of The two boards Int shall have
only casting vote lhe salary of the Mayor shall
he Two hundred and lliy dollars, payable at suhd
periods, and may be raised to Il sun hot exceeding
four hundred dollars, by a concurrent vote of both
branches o the city council Whenever in their
judgment The interest ofthc cilN shall require il
SIC. All the powers now vested III or by This
charter conferred upon the Inhabitants or elector.
OF the town of Newp port, or in the Town Council
thereof, shall be vested in the Mayor and Aldermen,
and IN the Common council of said city, To be
ercised by concurrent vote each bonrd 10 have ne
gaIive upon the other Hut elections of officers by
the city Council shall he had in convention of the
two boards, and whenever required by any member
of the Convention, shall be 10y ballot.
The ciy Council shall appoint ali necessary OH.
GERS, define the duties, and fix the compensation u
officers in cascs where such duties, fees and com
p.nsati0n shall not he defined and fixed by this
charter or the laws Of the state aud may by con-
current vote, two third, of the members elected Of
each board voting In the affirmative, remove officers
Of their appointment for misconduct No COM en-.
satiOn shall he lowed To any member Uf the tOm-
mon Council or hnArd OF Aldermen, nor shall any
member oieiiher honrd, within the time for which
he shalt have been elected SUCH be e giblc to any
office of profit IN Iht gift oi the city Council. All
officers shall be chosen and vacnci,s filled for the
current year, except NJ he rein otherw ise directed
The city council shall take care that monies shall
net be paid from the city treasury unless granted or
appropriated; aud Shnll sccuie just and pIoIci
counabilityi by requiring bond with sufficient penal
ty and surety or suTeiies from all pc. entrusted
with the receipt, custody, disbuIsem Of mon
les shall have the and supe nden,e nf city
buildings and the custody! care aud management a
all the city esintc and property, with power TO lrt
or sell that which may bs legally let Sold, and
purchase and take in The of the city such real
and personal property MS they may think usrh,l To
the public interest Nothing howevCr contained in
this charter shall he Construed either giving tie
City Corporation any Banking privileges the
power To Subscribe 10 any railroad. canal, or any
public work whatever, ar 10 do and transact any
matter except such as belongs to the legitimate du-
Tie, of 4 municipal body within iis own province
or as giving power To vote money for any ohj"u
ccri tor the regular, ordnar, and usual expenses OF
the cts And any Gcw project or orpruposition n,vov
any expenditure Of money exceeding the sum Of
thee thousand dollars, in ary year shall first
hr voted On and approved bl majority of the eec-
tors voting IN ward meetings legally called for that
/ u"pasc.
All taxes ordered to be assessed by the City Com
ell or by the General Assembly, shall be asscs-Id,
apporlioned aud collected according to the modcs
prescri oi by the laws of the state; and tha, the
City Council. as often as once n ear. uhu caused
to be published for the information Of the inhabitants
n particular account OF receipts and expenditures,
with a schedule of city property and debts.
Ser. s. All The bylaws, ordinances and regula.
tiois heretofore made 10y the rcemen of the town Of
Newport. or by the town council thei eul and now in
force, shall Notwithstanding this act be aud remain
IN force until they shnll expire iy limitation be
repealed hy the city council And prosecutions AID
suits may bc continued, commenced aud proceeded
thereon, ~ The Ealnc Of the city, the Day
be, oi the officers or other persons by said by laws.
ordinances and regulations, empowered or directed
to prosecute and sue; and the fines aud penalties
covered shall go to the uses in suIh bylaws ord-
nances and regulations named, or according 10 Inv.
Sec. &. The court oi justices of the town nf New
port shall be styled the court of Justices of the city
of Newport; and in addition 10 lis present powers
and jurisdiction which are hereby Continued to il,
shall have cngnzanCe of all offences against the by
laws and ordinances which may be estabs by the
city council Of the City OF Newport which do not
exceed their jurisdiction as established 10y law and
may, conviction thereof, award such sentence Ms
hggrieved by such sentence, may appeal thcreirom
To the court of common pleas for the county Of New
port, under the restrictions and conditions provide
by law IN other cases of appeal from said court Ii
shHA be lawful iOI said court to alter and yniy
the form "i wits and other process as to make the
same consistent with The organization style, and
jurisdiction 0i The courts and such writs and process
shall have the validity and extent, and be srrv-
ed, oheyed, orced ani returned In the same mode
aud 10y the same officers are the vrits and pro-
eesses from the court OF justices for the town of
Newport.
Sec T. 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 a snlry
Ia be fixed by the said city council which shall not
be diminished within the time for which such jndpe
shall have been appointed and which shall moi cS-
coed two hundred and iity dollars per annum. The
said Judge shall exercise the same probnie iurisdic-
tion now exercised by the Probate Judge ot The town
hcwpurli and the probate business unfinished at the
tihe of his coming into office shall be proceeded In
ahi sed 10y the said judge OF probate n d all 70
bate fees whrh by law are now paid To the Judge of
Probate, when not remittcd by the Probate Judge
,ha be paid into the City Treasury.
Sec 3, There shall be annpaily appointed by the
CITY council city clerk, whose powers and duties
sh I'll be those now possessed aud exercised by the
town clerk of the town of Newport 0nculing tlnt
of probate clerk) and including the mower 10 take
the acknow dgemcnto o deeds, DC with snth others
M may he prest ribed by this charter b, the by,w,
ordinances and regulations established by the civ
council Or by the laws of the state; whose compcn.
sri"n sdllbe the fees Of Office by general law es-
tablishcd.
sec. =. For the purpose of holding elections the
SAID city shall be- divided into five wards To- contain
- nearly as may conveniently he al cqnnl nuulbtr
"l inhabitants and electors And IL shall he the duty
oi The rly council from time To time, not olt.ncr
ah once ~ I've years, To revise, aud if peedfl 10
Witr sail wHlds, ~ such manner to preserve Nm
nearly hs may be, such equality. quorum fur the
transaction OF business in ward meetings shall coi,-
sst ul Al lcusi eleven ctcturs IN each ward there
shall annually, On the third Wednesday in April /
be chosen warden and CLERK. who shall hold Il cir
oiiices Tor ohe vcar, aud until Others shall have
nrfn chosen aud qualified to act IN their places
" At any wnr meeting the warden shall not be pre-.
lerk Of all .,l