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each offence; and if a slave, the owner or owners refusing to pay said penalty, to receive not move than five lashes.
Sec. 27. That no blacksmith or other person shall cause any' horse, mare or gelding to stand on any of the pavements, sidewalks, or on that part of the street allotted to side-wa.ks, in any of the streets, lanes or alleys within the limits of this corporation, whilst he is shoeing or preparing to shoe such horse, mare or gelding, or shall make any fire in any street, lane or alley, to hoop wheels, or for any other purpose; and every person offending against the provisions of this section, shall forfeit and pay the sum of five dollars for each and every offence.
Sec. 28. That if any person or persons shall wilfully break, pull down, hurt or destroy any tree or trees which are now, or may be hereafter planted near the cucb within the limits of this corporation, such person or persons so offending, shall forfeit and pay five dollars for every such offence: Provided, That nothing herein contained shall be so construed as to prevent the Street Committee from removing any tree or trees which they may deem so situated as to obstruct the carriage or foot-ways, or any proprietor of a lot or lots from cutting down any tree or trees in front of his or her lot or lots.
Sjsc. 29. That no person or persons shall make, dig, or throw up any ditch, drain, trench, gutter, gulley or canal, in, through or across any of the streets, lanes or alleys of this city, without a special license or permission for that purpose first had and obtained from the Street Committee, specifying the time when, and place where the same is to be done, under the penalty of ten dollars, and the like sum weekly, until the same be removed on permission aforesaid.
Sec. 30. That no wood shall hereafter be cut on any street, lane or alley, or on the Public Square of this city, otherwise than with a saw: and each and every person violating the provisions of this section, or causing, or permitting, or employing any person to cut any load, part or quantity of wood whatever, owned by him, her or them, or of which he, she or they may have control, shall forfeit and pay not less than five nor more than ten. dollars for each and every parcel or load of wood so otherwise cut than with a saw; and if a slave shall violate the provisions of this section, the owner or employer failing or refusing to pay said fine, he shall receive not less than five nor more than twenty lashes.
Sec. 31. That it shall not be lawful for any bow-window to project more than twenty inches into the street, under the penalty of two dollars for each and every offence; and the further penalty of one dollar for every twenty-four hours until the provisions of this section are complied with
Sec. 32. That it shall be the duty of the City Marshal to see that the provisions of this act are complied with, and to bring suit for the recovery of all fines and penalties under the provisions of this act, when there has been any violation thereof, except when otherwise provided for.
Sec 33. That all the fines, forfeitures and penalties imposed by, and incurred under the provisions of this act, shall be sued for and recovered in the name and for the use of the corporation, before any jurisdiction having cognizance thereof.
Sec. 34. That all laws or parts of laws coming within the purview and meaning of this act, and inconsistent with its provisions, be, and the same are hereby repealed.
Passed May 4, J 851.
An Act to prevent obstructions in the streets and on the side-walks.
1. No sign to hang out or other obstruction to remain on side-walks or street.
Section 1. That hereafter no person or persons shall hang or suspend any sign, show-bill, or show-board, or set or place any goods, wares or merchandise, or any other obstruction, in front of any house, store or other building upon the Public Square, or any street, lane or alley in this city, under a penalty of not less than ten nor more than forty-five dollars for each and every such offence, and the further sum of five dollars for each day the said sign, show-bill, or show-board, or goods, wares and merchandise, or other obstruction, remain in violation of this act.
Sec. 2. That all laws conflicting, in any way, with the provisions of this act, be, and the same are hereby repealed.
Passed March 3,1857.
An Act in recognition of lanes and alleys.
1. Lanes and alleys declared public.
Section 1. That all open lanes or alleys within the limits of the corporation, such as have heretofore been, or may hereafter be opened, either by agreement of the parties concerned, or by their consent or acquiescence therein, be, and the same are hereby declared to be public, to all uses and purposes not inconsistent with the laws of this corporation; and that the corporation is hereby required to exercise the same control and care over said lanes and alleys, as they do, and are authorized to do, over the other public streets, lanes, and alleys, and keep the same in like good repair and condition.
Passed August 27, 1857.
An Act to regulate drains and sewers.
1. Surface drainage to be disposed of,
2. Drainage carried across streets,
3. Main or lateral sewers, how to be
i. Surface drains and culverts to be
let out to contractors; individuals may make private drains.
5. All private sewers to be paid for
by the party benefitted.
6. Curbing to be laid by city, at ex
pense of property holder.
7. No street to be graded or drained,
until ordered by City Council.
Section 1. That surface drainage be disposed of in gutters made according to plan No. 1, through the continuous length of parallel blocks to the intersection of streets.
Sec. 2. That, at the intersection of streets, the drainage be carried across in the natural direction, as required by the grade, in a culvert constructed entirely of good ashler masonry, and in accordance with the dimensions and plans specified in No. 3; and that when the gradual descent of the surface makes it necessary, these culverts be continued a sufficient distance to empty their waters easily into the surface gutters.
Sec. 3. That the main or lateral sewers be made in accordance with the dimensions and plans No. 5, making the dimensions of the same always in poroportion to the surface to be drained; that in general they occupy that position best suited to the most perfect drainage, and when it can be so, in the middle of the streets.
Sec. 4. That the making of the surface drains and the culverts at the street crossings, forming a part of street graduation, be let out to contract to the lowest responsible bidder; and that the Mayor shall be authorized to publish for proposals, and, in conjunction with the Street Committee, to conclude contracts, whenever the same shall be required in the course of street graduation; said work to be paid for by the city, in the manner usual in such cases. And any party desiring, shall have the right to make priva te drains or let pipes into said culverts; said drains or pipes to be made or laid at the expense of the party so desiring, and under the direction of the City Engineer.
Sec. 5. That sewers built expressly for private uses, shdll be paid for by the parties benefitted; that any sewer built by the city which shall benefit by draining, cellars, basements, &c, the parties so benefitted shall share a just pro rata of the cost of the work; and that any person choosing may construct, at their own expense, and under the directions of the City Engineer, lateral drains into such sewers; and all persons enjoying such benefits shall pay a just proportion of the cost of the main sewer.
Sec. 6. That the curbing be laid by the city, at the expense of the property holder, in the just and accurate proportion of the number of feet fronting on the street; but nothing herein contained shall prevent any person from constructing, or having constructed the curbing in front of his property, provided the same shall be done under the direction of the City Engineer.
Sec. 7. That no streets or parts of streets shall be graded or drained, according to the provisions of this bill, until the same shall be ordered by the City Council.
Approved September 4, 1859.
An Act to regulate paving and repairing of Gutters or Water-ways of Streets.
1. Inner curb to conform to grade of street.
2. Street not to be filled above the inner curb.
Section 1. That hereafter all gutters or water ways constructed and repaired, shall be so constructed and repaired, that the inner curb of the same shall conform to the true grade of the streets, and said curb shall constitute the permanent mark and base line of the said streets. >'
Sec. 2. That any person or persons, contractor or contractors, or the Street Overseer, or any person in the employ of the corporation, having the construction, paving or repairing, macadamizing or gravelling of any of the said streets, shall not fill said street above the top or inner curb of any street whereby such materials would be liable to be washed or pressed into the gutters or water-way3, and obstruct the free flowing of water along the same, or to cut or excavate any street below the said inner curb, whereby the water would leave the gutter and flow into the street, and the said streets shall be sufficiently convex in the centre to flow the water off on each side into the water-ways.
Approved February 23, 1860.
An Act to amend an act entitled, "An Act to regulate Streets, Pavements and Side-walks in the city of Nashville, (passed May 4, 1851.)
1. Repeals section 3 and 4 of said act.
2. Owners of lots to make pavements.
3. And to repair pavements.
4. Repealing section.
Section 1. That sections 3 and 4 of the above recited act, be, and the same are hereby repealed.
Sec. 2. That it shall be the duty of every owner of a lot or part of a lot, lying and being in the corporate limits of the city