Nuisances, how abated. Fee book open to public inspec tion. Bond of Health Officer. Who may administer oaths. Suits, where maintained. Health Officer, which permit shall accompany the body to its destination; and no person, master, captain, or conductor, as aforesaid, shall bring into or transport through any such city, or city and county, the dead body or remains of any person unless it be accompanied with a certificate from some proper authority of the place from whence it came, stating the name, age, sex, and cause of death, which certificate shall be filed at the Health Office; provided, that in no case shall the body of any person who died of contagious disease be brought to such city, or city and county, within one year after the day of death. SEC. 193. Whenever a nuisance shall exist on the property of any non-resident, or any property, the owner or owners of which cannot be found by either Health Inspector, after diligent search, or on the property of any owner or owners upon whom due notice may have been served, and who shall, for three days, refuse or neglect to abate the same, or any property belonging to such city, or city and county, it shall be the duty of the Board of Health to cause the said nuisance to be at once removed or abated, and to draw upon the General Fund in such sums as may be required for such removal or abatement, not to exceed two hundred dollars; provided, that whenever a larger expenditure is found necessary to be made in the removal or suppression of any nuisance, the Municipal Council of such city, or city and county, shall, upon the written application of the Board of Health, by ordinance, appropriate, allow, and order paid, out of the General Fund, such sum or sums as may be necessary for that purpose; provided further, that in all cases where such expenditure will exceed five hundred dollars, no appropriation shall be made for that purpose unless the City, or City and County, Attorney shall first give his opinion, in writing, that such expenditure would be a legal charge against the property affected thereby. And the Auditor shall audit and the Treasurer shall pay all appropriations of money made in pursuance of this section, in the same manner as is now provided by law for auditing and paying demands upon the treasury. SEC. 194. The Health Officer and the Quarantine Officer must each keep a book open to public inspection, in which must be entered daily all fees collected by them, and they must pay all fees collected to such City, or City and County, Treasurer, daily, to the credit of the General Fund. SEC. 195. The Health Officer must execute an official bond, with two sureties, to be approved by the Board of Health, in the sum of ten thousand dollars; and the Quarantine Officer must execute a like official bond, with two sureties, in the sum of ten thousand dollars; which bonds shall be filed with the Auditor of such city, or city and county. SEC. 196. Any member of the Board of Health, the Health Officer, and the Quarantine Officer, and the Secretary of the Board of Health, is hereby authorized to administer oaths on business connected with the Health Department. SEC. 197. Whenever any cause of action arises under any of the provisions of this chapter relating to the Health Department, suit may be maintained thereon in the name of the Health or Quarantine Officer, as the case may be, in any Superior Court or Justice's Court of this State. sicians in cases. SEC. 198. Every physician in any such city, or city and Duty of phycounty, shall report to the Health Officer, in writing, every certain patient he shall have laboring under Asiatic cholera, variola, diphtheria, scarlatina, or other contagious diseases, immediately thereafter, and report to the same officer every case of death from such disease. householder cases. SEC. 199. Every householder in any such city, or city and Duty of county, shall forthwith report, in writing, to the Health Offi- in certain cer, the name of every person boarding, or an inmate of his or her house, whom he or she shall have reason to believe sick of cholera, or smallpox, and any deaths occurring at his or her house from such disease. missioners, and their SEC. 200. There shall be a Board of Park Commissioners Park Comof such city, or city and county, consisting of three persons, how to be appointed by the Governor of this State, who shall hold appointed their office for four years, and who shall receive no compensa- duties. tion for their services. In case of a vacancy, the same shall be filled by the remaining members of the Board for the residue of the term then vacant; and all vacancies occasioned by expiration of terms of office, or neglect, or incapacity, shall be filled by the Governor aforesaid. Each of said Commissioners shall be a freeholder and resident of such city, or city and county. Said Board shall have full and exclusive control and management of all the parks of such city, or city and county, which at the time of the organization of such city, or city and county, under this Act, were treated and improved as public parks, with the avenues and great highways connected therewith. Two of said Commissioners shall constitute a quorum to do business, but no money shall be expended or contract entered into authorizing the expenditure of money, without the approval of the Mayor and a majority of said Board of Park Commissioners. SEC. 201. Said Board shall have power to govern, manage, Powers. and direct said parks and avenues leading thereto as have heretofore been operated or managed in connection therewith; to lay out, regulate, and improve such parks and avenues; to pass ordinances for the regulation and government of the same; to appoint one general superintendent, who shall perform the duties of overseer and managing gardener, who shall receive a salary of two thousand four hundred dollars per annum. The City, or City and County, Surveyor shall be ex officio engineer of the works, and shall perform such engineering work as the Commissioners may require of him. Prisoners over the age of twenty-one years, sentenced to hard labor in any of the jails, prisons, houses of correction, workhouses, or other penal establishments of such city, or city and county, may be put to work upon the parks. The Commissioners may employ such other laborers as shall be necessary, within the amount allowed by law to be expended on said parks, at wages not to exceed the current wages paid in such city, or city and county, for labor. They shall in no year incur any debt or deficit, nor expend any Taxes for park improve levied. money beyond the amount realized by the tax herein provided for. All persons violating any of the ordinances of the Commissioners regulating the parks, shall be deemed guilty of misdemeanor, and punished accordingly. SEC. 202. The Municipal Council shall have the power to levy and collect, in the mode prescribed by law for the levy ment, how and collection of taxes, each year, upon all property in such city, or city and county, the sum of one and one half cents upon each one hundred dollars valuation of taxable property therein, for the purpose of preserving and improv ing the parks and avenues under control and management of said Commissioners. Said money shall be paid into the treasury, and paid out for said purpose; all claims to be first allowed by said Commissioners and audited by the Auditor. The jurisdiction of the Park Commissioners shall not extend to unimproved parks, nor squares, and places not hitherto treated as parks, unless extended thereto by an ordinance of the Municipal Council. The Commissioners may lease, for terms not to exceed three years, any portion of said grounds not immediately required for improvement, the proceeds to go to the improvement of the parks and avenues. SEC. 203. The Park Commissioners shall make semimissioners. annual reports to the Mayor and Municipal Council of all their proceedings, and a detailed statement of all the receipts and expenditures. Reports of Duties of to contracts. SEC. 204. The Mayor shall see that all contracts and agreeother officers ments with the city are faithfully kept and performed, and in reference to this end he shall cause legal proceedings to be instituted and prosecuted against all persons or corporations failing to fulfill their agreements. And it is the duty of any and every city, or city and county, officer, when it shall come to his knowledge that any contract with such city, or city and county, relating to the business of any office whatever, has been or is about to be violated by the other contracting party, forthwith to report the fact to the Mayor. A failure to do so shall be a sufficient cause for the removal of any officer of any department. The Mayor shall give a certificate, on demand, to any officer giving such information, that he has done so, which certificate shall be evidence in exoneration from a charge of neglect of such duty. The City, or City and County, Attorney shall prosecute all suits so ordered by the Mayor. Number and jurisdiction ARTICLE V. JUDICIAL DEPARTMENT. SEC. 213. There shall be in and for such city, or city and of Justices. county, one Justices' Court, composed of six Justices of the Peace, which shall have the powers and jurisdiction prescribed and conferred by law upon Justices of the Peace and Justices' Courts in such city, or city and county. All actions, suits, and proceedings whereof Justices of the Peace and Justices' Courts in such city, or city and county, have jurisdiction, shall be commenced, entitled, and prosecuted in said Court. Such Court shall be always open, non-judicial days excepted, and causes therein may be tried before the pre siding Justice, before any one of the Justices before whom the original process may be made returnable, or to whom the cause may be assigned or transferred for trial. Justice. Clerk. SEC. 214. The Board of Aldermen shall appoint one of Presiding the Justices of the Peace to be presiding Justice, who, as such, shall hold office until his successor shall in the same manner be appointed; and any one of the other Justices may attend, preside, and act as presiding Justice during the temporary absence or disability of the Justice so appointed. The Justices' Board of Aldermen, within ten days after its organization as such Board, shall appoint a Justices' Clerk, who shall hold office during the pleasure of the appointing power. The Clerk shall take the constitutional oath of office, and give bond, with at least two sufficient sureties, to be approved in the same manner as the official bond of other officers of such city, or city and county, in the sum of not less than fifteen thousand dollars, payable to the city, or city and county, conditioned for the faithful discharge of the duties of his office, and well and truly to account for and pay into the treasury of such city, or city and county, as required by law, all moneys by him collected or received, and by law designated for that use. A new or additional bond may be New bond. required by the Municipal Council whenever it deems it necessary; and on failure to furnish such new or additional bond within five days after it shall be required, the office shall become vacant. The Justices' Clerk shall have authority Authority of to administer oaths, and take and certify affidavits in any action, suit, or proceeding in all Courts in such city, or city and county, and to appoint two Deputy Clerks, for whose acts he shall be responsible on his official bond; the said Deputy Clerks to hold office during the pleasure of said Clerk. Said Deputy Clerks shall have the same power as the said Clerk, except that of appointment. Clerk. Justices, and SEC. 215. The Municipal Council of such city, or city and Offices for county, shall provide, in some convenient locality in the office hours. city, or city and county, a suitable office, or suite of offices, for said presiding Justice, Justices' Clerk, Deputy Clerk, and Deputy Sheriff, and offices suitable for holding sessions of said Court, and separate from one another, for each of said Justices of the Peace, together with attendants, furniture, fuel, lights, and stationery, sufficient for the transaction of business; and if they are not provided, the Court may direct the Sheriff to provide the same, and the expenses incurred, certified by the Justices to be correct, shall be a charge against the city, or city and county, treasury, and paid out of the General Fund thereof. The said Justices, Justices' Clerk, and Deputy Clerk, shall be in attendance at their respective offices for the dispatch of official business daily, from the hour of nine o'clock A. M. until five o'clock P. M. cess, how SEC. 216. All legal process of every kind in actions, suits, Legal proor proceedings in said Justices' Court, for the issue or ser- issued. vice of which any fee is or may be allowed by law, shall be issued by the said Justices' Clerk, upon the order of the presiding Justice, or upon the order of one of the Justices of the Peace, acting as presiding Justice, as in this chapter Fees. Sheriff and Style of action. provided; and the fees for issuance and service of all such process, and all other fees which are allowed by law for any official services of Justices, Justices' Clerk, or Sheriff, shall be exacted and paid in advance into the hands of said Clerk, and be by him daily, weekly, or monthly, as the Municipal Council may require, and before his salary shall be allowed, accounted for in detail, under oath, and paid into the treasury of such city, or city and county, as part of the Special Fee Fund thereof; provided, that such payment in advance shall not be exacted from parties who may prove, to the satisfaction of the presiding Justice, that they have good cause of action, and that they are not of sufficient pecuniary ability to pay the legal fees; and no judgment shall be rendered in any action before said Justices' Court, or any of said Justices, until the fees allowed therefor, and all fees for previous services therein, which are destined to be paid into the treasury, shall have been paid, except in cases of poor persons, as herein before provided. SEC. 217. The Sheriff of such city and county shall be ex officio an officer of said Court, and it shall be his duty to serve or execute, or cause to be served and executed, each and every process, writ, or order that may be issued by said Justices' Court; provided, that a summons issued from said Court may be served and returned as provided in section eight hundred and forty-nine of the Code of Civil Procedure; and that subpoenas may be issued by the Justices' Clerk, and served as provided in sections nineteen hundred and eighty-seven and nineteen hundred and eighty-eight of the Code of Civil Procedure. The said Sheriff may appoint, in addition to the other deputies allowed by law, three deputies, whose duty it shall be to assist said Sheriff in serving and executing the process, writs, and orders of the said Justices' Court. Said deputies shall receive a salary of not to exceed one hundred and twenty-five dollars per month each, payable monthly, out of the city and county treasury, and out of the Special Fee Fund, after being first allowed and audited as other demands are by law required to be audited and allowed. One of said deputies shall remain in attendance during the sessions of said Court, and at such other times as the said Court or the presiding Justice thereof may order and direct, for the purpose of attending to such duties as may be imposed on said Sheriff or said deputies, as herein provided or required by law. The said Sheriff shall be liable on his official bond for the faithful performance of all duties required of him or any of his said deputies. SEC. 218. All actions, suits, and proceedings in such city, or city and county, whereof Justices of the Peace or Jus tices' Courts have jurisdiction, except those cases of concurrent jurisdiction that may be commenced in some other Court, shall be entitled: "In the Justices' Court of the City of (or the City and County of)," (inserting the name of the city, or city and county), and commenced and prosecuted in said Justices' Court, which shall be always open. The original process shall be returnable, and the parties summoned required to appear before the presiding Justice, or |