city; and if, at any time, the gas shall be furnished to private individuals at a less price than one cent per cubic foot, the same deduction shall take place with regard to the gas consumed by the city.

Sixth. The said Garnier, or company, shall put the said gas-works into successful operation, on or before the first day of November, eighteen hundred and thirty-six; shall lay, at or before that time, the main pipes for conducting the gas along Water and First streets; and shall lay a main pipe in each of the other streets, whenever the board of aldermen shall, by resolution, direct; he shall also continue the said gas-works in successful operation, during the whole of said term of twenty five years.

Seventh. The city shall have the right to purchase the works of the said Garnier, or company, at the expiration of twenty years from the time that they are put into operation, at an advance of seven per cent. on the valuation thereof; and at the end of the said term of twentyfive years, at an advance of five per cent. upon the valuation of said works; and in case the city refuse thus to purchase, the city, at the expiration of the said term of twenty-five years, will renew to the said Garnier, or company, their exclusive privilege for the like term of twenty-five years, upon the same conditions that the exclusive privilege is now granted.

Eighth. In case the city shall purchase of the said Garnier, or company, their establishment, all obligations hereby entailed upon the city shall cease and determine.

Ninth. In case of failure on the part of said Garnier, or company, to comply with the obligations hereby imposed, the exclusive privilege, hereby granted, shall cease and be annulled; and in such event also, all obligations on the part of the city towards the said Garnier, or company, shall cease and determine.

Tenth. And it is further agreed, that if, at any time, the individuals composing the said gas company, shall transfer or assign their interest, or any part of their interest in this contract, or the matters to which it refers, then, and in that event, the individuals composing the said gas company, shall give notice to the board of aldermen of such transfer or assignment, and to whom the same is made.

§ 2. When the contract aforesaid shall have been entered into, and

approved of by the board of aldermen, by resolution, the same shall be obligatory upon the contracting parties, but not before.

Passed by the board of aldermen, January 18th, 1836.

JAMES J. PURDY, President pro tem.

APPROVED January 20, 1836.

JOHN F. DARBY, Mayor.

SALE OF COMMONS.

An ordinance for the sale of the St. Louis Commons.

SEC. 1. Common to be sold-how.

2. Sale when to commence.

3. Committee to make arrangements to effect a sale.

Be it ordained by the mayor and board of aldermen of the city of St. Louis, as follows:

§ 1. That the commons of St. Louis be sold to the highest bidder, according to the act of the general assembly in relation thereto.

§ 2. The sale shall commence on the first Monday of March, one thousand eight hundred and thirty-six, and be continued at such times and places as shall, from time to time, be fixed by the committee of aldermen on the commons.

§ 3. The said committee shall have power, in all cases not otherwise directed by law, to make such arrangements, give such notices, appoint such order of sale, and make such reservations from sale, as they may deem most proper; and may, in their discretion, postpone the appointed day of sale, and fix another day or days of sale, giving the lawful notice of such other, or adjourned day of sale.

Passed by the board of aldermen, January 21, 1836.

JAMES J. PURDY, President pro tem.

APPROVED, 26th January, 1836.

JOHN F. DARBY, Mayor.

STREETS AND HIGHWAYS.

A condensed ordinance in relation to streets and other highways.

SEC. 1. City Surveyor and street commissioner to be appointed.

2. His compensation.

16.

May cause pavements and side-walks to be taken up, in certain cases.

17. Surveys of city of St. Louis-what declared true.

18. Streets running north and south named.

19. Streets running westwardly from Mississippi river named.

20. Other cross streets named.

21. Extent of streets running parallel to Mississippi river, declared.

22. Western boundary of Front street, north of Market street, defined.

23. Western boundary of Front street south of Market street, defined. 24. Eastern boundary of Front street, defined.

32. Proceedings regulated where occupier, owner or claimant of lot, neglects to repair sid

pavement.

33. Curbing, guttering and paving of carriage way, to let out.

34. Persons engaged in building may occupy side-walks, &c. 35. Penalty for laying side walk contrary to this ordinance. 36. Penalty for removing city land-marks.

Be it ordained, by the mayor and board of aldermen of the city of St. Louis, as follows:

§ 1. A person of known ability shall, in the month of September, in each and every year, be appointed by the mayor, by and with the advice and consent of the board of aldermen, as a city surveyor and street commissioner, who shall be ex-officio surperintendent of all the public highways, within the limits of this city. He shall hold his office for the term of one year from and after such date, unless sooner removed, and until his successor shall have been duly appointed and qualified. § 2. He shall receive, as a compensation for his services, six hundred dollars per annum, payable quarterly.

§ 3. It shall be his duty to do and perform, within the city, all such surveying and engineering, and such other duties pertaining to his

office, as may from time to time be prescribed to him by ordinance, or resolution of the board of aldermen.

§ 4. He shall make and return to the office of the register, fair and accurate copies of all field notes, and plats of all public surveys by him made: which notes and plats shall be filed and preserved by said register.

§ 5. He is hereby authorized, whenever he shall deem that the public service requires, to make, order or contract for the repairs or improvement of any of the highways of this city, at his discretion, when the value or cost of such repairs or improvement shall not exceed the sum of twenty-five dollars.

§ 6. He shall draw all drafts, make and sign all certificates, necessary and lawful to be made and signed by him, and he shall keep accurate minutes of all his proceedings and acts, in a book to be by him provided for that purpose, which minutes shall be by him preserved and turned over to his successor.

§ 7. It shall be the duty of the city surveyor and street commissioner, if thereto required by any person in writing, to survey all private lots within the city, divide the same, and render such services as pertain to his office; and for such services he shall receive, for surveying any lot, or surveying and subdividing any lot not more than once, the sum of two dollars; and if subdivided more than once, and not more than four times, three dollars; if subdivided more than four times, and not more than seven times, five dollars; if subdivided more than seven times, and not more than ten times, six dollars and fifty cents; and for all subdivisions over ten, he shall receive in proportion to the foregoing prices, to be paid by the person on the application of whom such services may have been rendered.

§ 8. Upon the application, in writing, to the city surveyor and street commissioner, by any person or persons who may intend to build a house, or make a fence, it shall be his duty to show, or make out, if required, the line of the street upon which the said house or fence is to be built or made, and to designate the graduation of the street in that vicinity, without being entitled to receive any fees for his services in such cases.

§ 9. The city surveyor and street commissioner shall cause to be enforced, all ordinances or resolutions, concerning the streets and other highways within the city, and report all violations of the same to the city attorney, whose duty it shall be to sue for the same.

§ 10. Whenever the paving of any street shall be let out, the city surveyor and street commissioner, in the name of the mayor, aldermen and citizens of the city, shall enter into a contract with the persons to whom the same shall be let out, for the paving of the same, and the person so contracting shall enter into a bond, for the use of the corporation, with securities in double the amount of the contract price, for the faithful performance thereof, and conditioned for the performance of the work according to the regulations, and within the limits fixed by the commissioner; which contract shall be binding on the city, when approved by the board of aldermen.

§ 11. It shall be the duty of the city surveyor and street commissioner, and it is hereby made his duty, to number all the blocks within the limits of the city, upon the map of the city; and whenever any alteration or addition shall be made in the plat of the city, he shall, as soon thereafter as possible, lay the plat before the board of aldermen, and should they approve of the same, they shall pass an ordinance in conformity therewith.

§ 12. The manner of making the pavements, both horse and footways, and the length, depth, thickness and shape of the curbs and gutters, shall be under the direction and control of the city surveyor and street commissioner, and standing committee on streets and alleys, when not otherwise ordered by the board of aldermen.

§ 13. The city surveyor and street commissioner shall remove or cause to be removed, all obstructions, barriers and impediments, which are now within, or upon any street, or any other public highway within the city, which highways have heretofore been, or may hereafter be, ordered to be surveyed, laid out, opened or used as such; and he shall, from time to time, remove, or cause to be removed, all obstructions, impediments, barriers and nuisances, which may be found in or upon such highways, and keep them open, and in order fit for public use, at the expense of the city.

§14. The city surveyor and street commissioner may permit temporary obstructions to persons, in receiving, selling or removing fuel, lumber, plank, boxes of merchandise, and other articles of trade, if such obstructions be removed as soon as circumstances will admit, not to exceed twenty-four hours.

§ 15. The city surveyor and street commissioner shall superintend the grading and paving of all the highways of this city.

§ 16. He may, at his discretion, after having given at least ten days'