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full or part payment of a claim against said corporation, previously audited and allowed by the city council. He shall keep a full and accurate account of all orders drawn on the treasurer, and shall keep the same with the treasurer, and charge him with all taxes levied and sums of moneys paid into the treasury, and all receipts of the payment of money or property to the treasurer shall be countersigned by the clerk before they shall be a legal voucher against the city. The clerk's records shall be evidence in all legal proceedings and copies of all papers duly filled [filed] in his office, and transcripts from the records of proceedings of the city council certified by him under the corporate seal, shall be evidence in all courts of the contents of the same. He shall also make to the city council at the close of each official year a condensed report of all his doings as such officer during such year, which report shall be published in such manner and to such extent as may be provided by ordinance, and with all reasonable dispatch, such other reports and at such times as the city council aforesaid may require; and said clerk shall also receive and file and keep record of all chattel mortgages presented to him for such purposes, in the same manner and way as prescribed by law for town clerks, and all chattel mortgages filled [filed] in the office of said clerk shall have the same effect and be noticed to the same extent as chattel mortgages filed in the office of township clerks; and the election districts herein created shall, so far as chattel mortgages are concerned, be construed to mean town or city, and sections two and three and four, chapter thirty-nine, statutes of Minnesota, shall apply to the election districts herein created and mentioned, in [and] the aforesaid clerk shall be governed by the next above named sections in said chapter thirty-nine, in his official duties as to chattel mortgages.

SEC. 20. The treasurer of said city shall perform such duties and exercise such powers as may be lawfully required of him. All money raised, received and collected by means of any tax, assessment, license, fine, forfeiture or otherwise under the authority of this act or which belongs to said city, shall be paid to and be received and receipted by him. He shall from such moneys pay upon presentation all orders therefor drawn by the clerk and countersigned by the mayor, but shall pay no money whatever except by order of the city council; Provided, That no order shall be paid by him unless first endorsed in writing thereon by the party in whose favor it was drawn and also by the party receiving the money therefor, and the amount of money to be drawn and its object specified therein. He shall keep a just and accurate account of all moneys and other things coming into his hands as treasurer, in a book to be provided by the city council for that purpose, which shall remain the property of the city, wherein he shall enter the

various amounts received, the time of their receipt, from whom received and the source from whence they arose, which book, at all reasonable times, shall be open to the inspection of the electors of said city. He shall as often as the city council require render to said council a minute account of his receipts and payments and exhibit all moneys ånd vouchers in his possession and at the expiration of his term of office he shall pay over and deliver to his successor all moneys, books and papers, vouchers and other property in his possession belonging to said corporation.

SEC. 21. The justice of the peace provided for and elected under the provisions of this act, shall have and possess all the powers and jurisdiction of justices of the peace provided and elected under the general laws of the state, and in addition thereto shall have cognizance and jurisdiction of all suits, prosecutions or proceedings for the recovery of any fine, forfeiture or penalty under any by-law, ordinance or regulation of said corporation, or under this act, or for the breach or violation of any such by-law, ordinance or regulation, and in all cases of assaults, batteries and affrays, nct indictable, and for a breach or violation of any by law, ordinance or regulation, shall be commenced in the name of the "City of West Saint Paul," and the same proceedings shall be had in all civil or criminal suits or prosecutions before said justice, when not otherwise herein directed, as are established and required to be had in civi and criminal actions by the general laws of the state, before justices of the peace, except that no change of venue shall be taken in any action or proceeding arising under any ordinance or by laws. All fines, forfeitures and penalties imposed by or recovered before said justice in any suit, prosecution or proceeding commenced in the name of the said city, shall be promptly paid by said justice to the clerk of said corporation for the use thereof. The justice of the peace shall take judicial notice of the by-laws, ordinances and regulations of said corporation, and it shall not be necessary in any action, civil or criminal, before said justice, to plead or refer to the same in any manner whatever, in any pleading or complaint; but said by-laws, ordinances and regulations shall, in said justice's court, be held and deemed to be the public law. The justice of the peace shall, at least once in three months, make to the city council a full report of all the moneys received by him for fines, forfeitures and penalties, and shall pay them into the hands of the clerk, taking his receipt therefor. In case of the inability of the city justice to act in his official capacity, the city council shall appoint, pro tem., from the county of Dakota, or from the city of Saint Paul, a duly qualified justice to take his place. In case of prosecution for a breach or violation of an ordinance, by-law or regulation of said corporation, or of this act, or for an assault, battery or affray, not

indictable, committed within the limits of said corporation, appeal shall be allowed in all cases, subject to the same rules provided by the laws of the state in case of appeal from the judgment of other justices of the peace. All warrants, writs, and processes of every nature, issued by such justice, shall be directed to the marshal, sheriff or any constable of the county of Dakota, and may be executed or served by the constable elected under the provisions of this act, or by the marshal, sheriff or any constable of said county, and for such purpose said marshal, sheriff and constable shall have and possess the power and authority which, by the general laws of the state, they have and possess in the execution and service of warrants, writs and other processes issued by the justices of the peace elected under such general laws. The fees of the justice of the peace shall be the same as allowed and fixed by the general laws of the state for justices of the peace.

SEO. 22. The marshal shall be the ministerial officer of the city council. He shall possess all the powers, enjoy all the rights, and be subject to the same liabilities of a constable of the state. He is hereby constituted the chief of the police of said city, but as such shall be subordinate to the mayor. It shall be his duty to execute all writs and processes to him directed by the mayor, justice of the peace or other judicial officer, and when necessary in criminal cases, or for the violation of any of the provisions of this act, or of any ordinance, rule, by-law, regulation or resolution of said corporation, he may serve the same in any part of the state of Minnesota. It shall be his duty to suppress all riots, disturbances and breaches of the peace, and to apprehend all disorderly persons in said city and pursue and arrest any person fleeing from justice in any part of the state of Minnesota; to apprehend any person in the act of committing any offense against the provisions of this act or of the laws of the state, or the ordinances, by-laws, rules, regulations, or resolutions of the corporation and forthwith to bring such person before competent authority for examination, and for such and similar services, he shall receive like fees as are allowed to constables for like services. It shall also be the duty of the marshal to see that all pedlars and hawkers, common showmen and all other exhibitors, pay their licenses according to law and this act and the ordinances of the city, and in default of payment to prosecute for the same in the corporate name of the city, and to pay over the same to the clerk when received by him. The marshal shall also make a report at least once in three months, to the city council of all moneys received by him for whatever purpose.

SEC. 23. The city council shall have the exclusive right to license persons vending, dealing in or disposing of spirituous, vinous, malt or fermented liquors within the limits of said city, and

persons so licensed shall not be required to obtain a license from the board of county commissioners, and shall not be prosecuted for selling, bartering or disposing of spirituous, vinous, malt or fermented liquors, if having first obtained license therefor agreeably to the provisions of chapter sixteen of the general statutes. Provided, That no license shall be granted for less than fifty dollars, and that previous to the granting of any such license, a bond shall be executed with the same conditions and with the same penal sum as required by the general act, and the council shall have full power to restrain any person from vending liquors, unless duly licensed by the city council of said city.

SEC. 24. The mayor, each and every alderman, the marshal, each and every justice of the peace and constable of the county in which said city is situated, shall be officers of the peace, and may command the peace, and may suppress in a summary manner all rioting and disorderly behavior within the limits of said city, and may command the assistance of all bystanders, and if need be, of all citizens, and if any person refuses to aid when so required, every such person shall forfeit and pay a fine of not less than five dollars, and stand committed until paid.

SEC. 25. The city council shall have power and authority to levy and collect taxes on all property, real and personal, within the city limits, for general purposes, not exceeding one per cent. per annum, upon the assessed value thereof, according to the actual valuation of the property. Provided, That in case of delinquent taxes the same shall be added to the assessment roll and forwarded to the county auditor, to be collected in the same manner as state and county taxes are collected, and to become a lien on the property so delinquent.

SEC. 26. The city council shall constitute a board of equalization for the equalization of all assessments made for general purposes, within the limits of said city; and the assessor of said city shall also be a member of said board. The board shall proceed in manner and form as provided by law for boards of equalization of townships.

SEC. 27. The city council shall have power to appoint a marshal, and such other officers as are actually necessary to carry into effect the ordinances of said city council.

SEC. 28. The city council shall have the power to require of all officers appointed in pursuance of this act, such bond, with penalties and security, for the faithful performance of their respective duties, as may be deemed expedient; and may also require all officers appointed as aforesaid to take an oath for the faithful performance of the duties of their respective offices, before entering upon the same. Provided, That the treasurer shall give bonds to

double the amount likely to come into his possession during his term of office, which amount shall be determined by the city council.

SEC. 29. To appropriate money, and provide for the payment of the expenses of the city.

SEC. 30. To make regulations to prevent the introduction of contagious diseases into the city; to make quarantine laws for that purpose and to enforce the same.

SEC. 31. To establish hospitals, and to make regulations for the government of the same.

SEC. 32. To make regulations to secure the general health of the inhabitants, and to prevent nuisances, and to remove the same. SEC. 33. To open, alter, abolish, widen, extend, establish, grade, repair, or otherwise improve and keep in repair streets, avenues, lanes and alleys.

SEC. 34. To establish, erect, and keep in repair bridges.

SEC. 35. To provide for the lighting of streets and the erection of lamp posts.

SEC. 36. To establish, support and regulate night watches. SEC. 37. To erect market houses, establish markets and market places, and provide for the government and regulation thereof. SEC. 38. To purchase suitable sites, and to erect thereon all needful buildings for the use of the city.

SEC. 39. To provide for the enclosing, improving, and regulating all public grounds belonging to or in the city.

SEC. 40. To preserve and improve the landing on the Mississippi river, within the limits of the city.

SEC. 41. To erect, repair and regulate public wharves and docks.

SEC. 42. To regulate, tax and license venders of ardent spirits, taverns and pedlars.

SEC. 43. To license, tax and regulate hacks, carriages, wagons, carts and drays, and fix the rate to be charged for the carriage of persons, and for the wagonage, drayage and cartage of property. SEC. 44. To license and regulate porters, and fix the rate of porterage.

SEC. 45. To license, tax and regulate theatrical and other exhibitions, shows and amusements.

SEC. 46. To restrain, prohibit and suppress gaming, bawdy and other disorderly houses.

SEC. 47. To provide for the prevention and extinguishment of fires, and to organize and establish fire companies.

SEC. 48. To regulate and prohibit wooden buildings.

SEC. 49. To regulate fixing of chimneys, stove pipes, and the flues thereof.

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