The Mayor shall preside at all meetings of the City Council and shall have a casting vote, and no other. In case of the non- attendance of the Mayor at any meeting the Board of Aldermen shall appoint one of their own members chairman, who shall preside at the meeting.
The Mayor, or any two Aldermen, may call special meetings of the City Council, by notifying each Alderman and the Mayor and Clerk of said City of the time and place of meeting, and the business to be transacted at such meeting; and no other business than that designated in said notice shall be transacted.
The Mayor shall at all times be active and vigilant in enforcing the laws and ordinances for the government of the City; he shall inspect the conduct of all subordinate officers of said City and cause negligence and positive violation of duty to be prosecuted and punished; he shall, from time to time, communicate to the Aldermen such information, and recommend all such measures as in his opinion may tend to the improvement of the finances, the police, the health, security, comfort, and ornament of the City.
He shall, by virtue of his office, be a Justice of the Peace for said City, and as such shall be a conservator of the peace in the said City, and shall have power and authority to administer oaths, issue writs and processes under the seal of the City, to take depositions, the acknowledgments of deeds, mortgages, and all other instruments of writing, and certify the same under the seal of the City, which shall be good and valid in law; he shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and concurrent jurisdiction with all other Justices of the Peace in all civil and criminal cases within the county of Scott, arising under the laws of the State, and shall receive the same fees and compensation for his services in similar cases. He shall also have such jurisdiction as may be vested in him by ordinance of the City, in and over all places within five miles of the boundaries of the City, for the purpose of enforcing the health quarantine ordinances, and regulations thereof, and the protection of cemeteries or graveyards, and enclosures.
He shall, before, entering upon the discharge of the duties of his office, give bond and security, to be approved of and filed with the Clerk of said City, in the same penalty and with like conditions as are required of Justices of the Peace now by law, and the same may be prosecuted for any breach in the same manner and with the like effect as is required by law for similar cases under the laws of Iowa; he shall receive for his services as Mayor of said City such salary as shall be fixed by an ordinance of the City.
In case the Mayor shall, at any time, be guilty of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression, mal-conduct, or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the District Court of Scott County; and on conviction, he shall be fined in a sum not exceeding $200 for the use of said City, and the court shall have power, on the recommendation of the jury trying said indictment, to add to the judgment of the court, that he be removed from office.
All processes or writs issued by the Mayor may be either a warrant for the arrest of the person of the offender or writs in the usual form, directed to the Marshal of said City, who shall serve and return the same as commanded in said warrant or writs, and in case of a warrant, to bring the offender forthwith before said Mayor. The Marshal of said City shall have the same authority, and do and perform the same duties, and shall be subject to the same liabilities in the service and return of all such writs or processes issued by, and in attending the trial before, such Mayor for recovery of fines and penalties for the breach or violation of any of the by-laws, ordinances, rules, or regulations of said corporation, that constables have in their respective counties.
The City Marshal or any officer authorized to execute writs or other processes issued by the Mayor, shall have power to execute the same anywhere within the limits of Scott County, and shall be entitled to the same fees for traveling as are allowed to Constables in similar cases; and in case of the interest, inability or disqualification of the Marshal to act in any station or position hereby created in this act, the Mayor shall have authority to deputize such person as he may think proper, by writing on the process to be served or executed, that such person is so deputized, who shall be vested with all the power and authority of such Marshal, for the time being.
All suits, actions, and prosecutions instituted, commenced, or brought by the corporation hereby created, shall be instituted, commenced, and prosecuted in the name of the City of Davenport; and in cases of warrants, the same may be issued for violations of the ordinances, by-laws, and regulations of said City without being predicated or based upon affidavits.
The service of all processes against said City of Davenport, shall be by leaving with the Mayor, or in his absence, with the Clerk, a certified copy thereof, and in case of subpoena in chancery, a certified copy of the bill, also.
Appeals shall be allowed from decisions, in all cases arising under the provisions of this act or any ordinance passed in pursuance thereof, to the District Court of Scott County. Any and every such appeal shall be taken and granted in the same manner and with like effect as appeals are taken from and granted by Justices of the Peace to the District Court under the laws of this state.
Amendment of 1857. - The City of Davenport shall have the right of appeal to the District Court of Scott County from decisions in all cases arising under the provisions of the charter of said City and the amendments thereto, or of any ordinance passed in pursuance thereof.