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to city affairs shall be in writing, signed and executed in the name of the city, by the officer authorized to make the same, after due notice; and in cases not otherwise directed by law or ordinance, such shall be made and entered into by the Comptroller, and in no case by the Assembly or any committee thereof. All contracts not made by the Comptroller, shall be countersigned by the Comptroller and filed and registered by number, date and contents, in the Register's office, and attested copies furnished to the Comptroller, Auditor, and such other officers as are interested in the performance thereof as required.

SEC. 8. Citizens of St. Louis Exempt from Road Work.— The citizens of the City of St. Louis are hereby exempt from working on the roads or public highways of the city, any law to the contrary notwithstanding.

*SEC. 9. Damage Suits Against the City-Persons and Corporations, When Liable to be Made Co-Defendants, and Judgments to be First Enforced Against Them.Whenever the city shall be made liable to an action for damages, by reason of the unauthorized or wrongful acts, or of the negligence, carelessness or unskillfulness of any person or corporation, and such person or corporation shall also be liable to an action on the same account by the party so injured, the injured party, if he sue the city for damages suffered by him,

*This section held void in Badgley vs. St. Louis, 149 Mo. 122. Laws of 1901, p. 78, authorizes the city to bring in co-defendants in damage suits.

SECTION 1. Whenever a City of over one hundred and fifty thousand inhabitants shall be sued in any court in this State and the cause of action on account of which said City is sued shall arise from the wrongful and unauthorized acts or carelessness and negligence of any person or corporation subject to service in this State, and such wrongful or unauthorized acts or carelessness and negligence shall also make such person or corporation liable to any action by the plaintiff on the same account as such City is sued for, such City may, within fifteen days after the first day of the next term of court after the service of the writ of summons, file a motion, in writing, in said case, notifying the plaintiff therein to make such person or corporation a party defendant in said suit in accordance with the facts constituting the liability of such person or corporation, which facts said City shall set forth in said notice, and shall verify the same by affidavit. The plaintiff in said suit shall then proceed to join such person or corporation as a party defendant in said suit, in accordance with the facts set forth in said notice, and such suit shall not be prosecuted against said City until such person or corporation is made a co-defendant with such City; Provided, however, that in case the facts set forth in said notice do not make such person or corporation named therein liable to an action on the same account as such City is sued for in such case, said plaintiff may file a motion to strike out said notice, and if said motion shall be sustained by the court, then the plaintiff in such case may proceed against defendant City alone, as if said notice had not been filed; and provided further, that if the plaintiff shall make such person or corporation as may be named in said notice a party defendant in said suit and shall have caused summons to be issued for such person or corporation, and such person or corporation cannot be served with process by the officer to whom such writ is directed, then the plaintiff in such case may proceed against the City alone.

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shall also join such other person or persons or corporation so liable, if residing in the State, so that they can be served with process, as a defendant or defendants in his suit, and no judgment shall be rendered against the city unless judgment is rendered against such other person or corporation so liable to be sued as aforesaid; and if any action be brought against the city alone, and it is made to appear that any person or corporation ought to be joined as a defendant in the suit, according to the provisions of this section, the plaintiff shall be non-suited; but no person shall be liable under this act to be sued jointly with the city, who would not be liable to be sued separately, irrespective of its provisions. When a judgment shall be obtained against the city and the other party liable as aforesaid, execution shall issue against all the defendants in the ordinary form, but shall first be enforced and collected of the other defendants, and shall not be collected of the city unless the other defendants are so insolvent that the same can not be made out of them, and in that case the city shall pay only so much of the judgment as can not be made out of the other defendants.

SEC. 10. Regulation of Public Processions.-The Municipal Assembly shall provide by ordinance for the regulation of public processions so as to prevent interference with public traffic, and to promote the good order of the city.

SEC. 11. Penalty for Voting in Favor of or Allowing Unauthorized Claims-Penalty for the Misapplication of Public Funds.-Any member or officer of either house of the Assembly, and any officer of the city, and any member or officer of any board organized under or in connection with the city government pursuant to any law of this State, who shall in his official capacity, or under color of his office, knowingly or willfully, or corruptly vote for, assent to, or report in favor of, or allow or certify for allowance, any claim or demand against the city or any department thereof, or against any such board as above mentioned, which claim or demand shall be on account or under color of any contract or agreement not authorized by or in pursuance of the provisions of this Charter, or any claim or demand against the city or any depart

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ment thereof, or any such board as aforesaid, which claim or demand, or any part thereof, shall be for work not in fact performed for and by authority of said city or such board, or for supplies for materials not actually furnished thereto, pursuant to law or ordinance, and every such member or officer as aforesaid, who shall knowingly vote for, assent to, assist or otherwise permit or aid in the disbursement or disposition of any money or property belonging to the city or any department thereof, or held by or in charge of any such board as aforesaid, to any other than the specific use or purpose for which such money or property shall be, or shall have been received or appropriated, or collected or authorized by law to be collected, shall, upon conviction thereof, be punished by imprisonment in the city jail for not more than one year, or by fine of not less than two thousand, nor more than ten thousand dollars, or by both such fine and imprisonment, or by imprisonment in the city jail for not less than six months, and by fine of not less than five hundred, nor more than five thousand dollars.

SEC. 12. Penalty for Violation of Provisions of Charter. Any person who shall violate any of the provisions of this Charter, for the violation of which no punishment has been provided therein, shall be guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by punishment (imprisonment) in the county jail not exceeding one year.

SEC. 13. Oath of Office.-Each member of the Assembly and officer of the city, or of any board thereunder, shall, before entering upon the duties of his office, take and subscribe an oath or affirmation that he will support the Constitution of the United States and of this State, and that he is not subject to any of the disqualifications enumerated in this Charter, and that he will demean himself faithfully in office.

SEC. 14. Records of Board of Police Commissioners to be Open to Inspection.-The journal and books of the Board of Police Commissioners, required by law to be kept by them, and all documents relating to their office, shall always be open to the inspection of the Comptroller and Municipal Assembly

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of the City of St. Louis, and of any committee appointed by it for that purpose.

SEC. 15. City Counselor and Attorney to Furnish Legal Advice to Police Commissioners.-The City Counselor and Attorney shall furnish the Board of Police Commissioners with the legal advice and services desired by them, and the said Board shall not employ any other at the city's expense.

*SEC. 16. Expenses of Police Force to be paid Out of City Treasury.-All claims against the Board of Police Commissioners, including salaries, shall be paid out of the city treasury in the same manner as other claims against the city are paid; and said claims shall be certified to by the President and Secretary of said Board, and audited as provided in this Charter for claims against the city; and all acts or parts of acts inconsistent with or in conflict with this section are hereby repealed.

SEC. 17. Assembly to Fix Salaries of Officers-Increase of Salary Forbidden During Term.—The Municipal Assembly shall fix the salaries of all elective or appointive officers of the city and their assistants or deputies, and also of all clerks that may be employed by the city in any of its offices or departments, and may increase or diminish the same by ordinance, except in cases where otherwise provided in this Charter: Provided, that no such increase shall be made during the term for which any such officer or assistant or clerk may be elected or appointed.

SEC. 18. Limitation of Salaries, Fees, Etc., to be Paid into Treasury-Salaries to be Paid Monthly.-The annual salary of no officer of the city shall exceed the sum of five thousand dollars, nor of any assistant or deputy exceed the sum of twenty-five hundred dollars, nor of any clerk the sum of eighteen hundred dollars; and all fees, perquisites and emoluments of such officers shall be paid over monthly to the Treasurer, and all such salaries shall be paid monthly, as may be provided by ordinance.

1899.

*Metropolitan police, act of March 15, 1899, now sections 6209 et seq., 2 R. S. Mo.

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SEC. 19.

Amendments to Charter to be Submitted to People. When amendments to this Charter are proposed, they shall be submitted separately to a vote of the people.

SEC. 20. Existing City Officers Continued in Office Until April, 1877.-All the present city officers, except where otherwise provided in this Charter and in the Scheme, are hereby continued in office until the election provided herein to be held in April, 1877, and until their successors are qualified.

NOTE. The Scheme and Charter were ratified by the voters at an election held on August 22, 1876, and the same became the organic law of the county and city sixty days thereafter, namely, on October 22, 1876.