the street commissioner to notify all owners and occupants of any lot or lots, or parcels of land adjoining such sidewalks, to construct or repair the same at his or their own proper expense and charge, within a certain time designated by delivering to the owners or occupants of said lots or parcels of land, or by the publication in a newspaper printed and published in said village, for not less than two weeks, of a notice to said owners or occupants, setting forth what work is to be done, and the character of the same, by such owners or occupants, and the time within which they are required to do the same.

SEC. 9. If such work is not done in the manner and within the time prescribed, the common council may order the same to be done by the street commissioner at the expense of the lots or parcels of land adjoining, and said expense shall be assessed upon such lots and parcels of land so chargeable by the street commissioner, and returned by him to the council, and said assessment so made and returned for approval, [if approved] by the common council, shall become a lien upon said lots and parcels of land, as in case of town, county and state taxes.

SEC. 10. It said assessment be not paid to the street commissioner on or before the twentieth day of August, in any year, the common council shall cause a statement of the same to be transmitted, with the village taxes levied for that year, to the auditor of the county at Faribault, on or before the first day of September in each year, and the said auditor shall insert the same with the other taxes in the duplicate statement of taxes annually transmitted by him to the county treasurer for collection, and payment thereof enforced with and in like manner as county and state taxes are collected and payment enforced.

SEC. 11. The common council may prescribe width of sidewalks, and may establish different widths in different localities, and may determine the kind of material of which they shall be constructed, having regard to the business and the amount of travel in the vicinity of each.

SEC. 12. All property, real and personal, except such as may be exempt by the general laws of the state, or as [is] village property shall be subject to taxation not exceeding two and one-half mills on the dollar per year, for general expenses. Such property shall also be liable for such special taxes as the common council are herein authorized to levy.

SEC. 13. The common council shall have full power to order and direct the levy and collection, within the limitation prescribed by law, of taxes sufficient to give full effect to the powers herein conferred.

SEC. 14. The common council shall have power to provide by

ordinance for the manner of assessing and enforcing the collection of all taxes levied under the provisions of this act, but until express provisions are made in regard to that subject, all taxes shall be collected as follows: The recorder shall deliver to the county auditor of Faribault county a certificate signed by him under the seal of the corporation, setting forth the amount levied upon every dollar in value of the taxable property within the limits of the village of Winnebago City, as incorporated by this act. It thereupon shall become the duty of the said auditor to add the amount thus levied to the assessment rolls of the year in which the levy was made, and it shall become the duty of the county treasurer of said county to collect the amount thus added to the assessment roll, and to enforce the collection of the same, in like manner as any other tax of the said county of Faribault placed in his hands for collection, and to pay the amount so collected to the treasurer of the village of Winnebago City, incorporated by this act.

SEC. 15. Any action brought to recover any penalty or damage under this act, or under any ordinance made by the common council, it shall be sufficient to complain that the defendant is indebted to the village to the amount of said penalty or damages and costs, and refer to the act or ordinance under which the same is claimed, and to give the special matter in evidence under it. All civil cases shall be under the control and direction of the common council; they shall have power to settle, compromise, or prosecute all such actions on the part of the village, when said village shall be a party or be interested in such actions, and no person shall be an incompetent juror by reason of being a resident or an inhabitant of said village, in an action to which the village shall be a party.

SEC. 16. The common council shall have power to prevent the dangerous construction of chimneys, fire places, stove pipes for the conducting of fire, heat or smoke, and cause the same to be made safe, and to prohibit the deposit of ashes in any unsafe place. They shall have power to appoint a chief engineer to take charge of the fire departiment, warders to inspect chimneys, and all other places dangerous on account of fire to organize hook and ladder and other fire companies, purchase fire engines and hooks and ladders and other apparatus, to provide for the support and regulation of such companies, and to be under their control. Active members of such companies shall be exempt from serving on juries and from doing highway labor, except on property tax, so long as they shall continue active members. The common council shall have power individually, to compel citizens to work at fires, and make and regulate fines for refusing to work at such fires.

SEC. 17. The territory embraced within the limits of said village of Winnebago City by this act shall constitute one road district,

and the common council shall appoint an overseer who shall be styled street commissioner, whose duties shall be the same as that of road overseer, as defined by the general laws, the ordinances of the council and as prescribed by this act.

SEC. 18. The corporation is invested with all the powers to carry into full force and virtue and effect all and every part of the charter of said village and the acts amendatory thereto, and to carry into execution the same, shall have full power to pass and ordain all and every ordinance necessary to carry out fully the meaning and intent thereof.

SEC. 19. All previous acts or amendments thereto which in any way conflict with the provisions of this act, are hereby repealed.

SEC. 20. This act shall take effect and be in force from and after its passage; Provided, That if fifteen of the legal voters of the district in the first section of this act described as the village of Winnebago City, shall petition the canvassers in this act named, on or before the fifteenth day of March (A. D. 1874) eighteen hundred and seventy four, for an election to determine whether the people in said district desire this act of incorporation to take effect as and at the time set forth in the provisions thereof, upon the presentation of such petition to said canvassers, they shall fix and appoint the twenty-fifth day of March, A. D. eighteen hundred and seventyfour (1874,) for such election and shall give five days notice thereof by posting notices thereof in three of the most public places in said district. At said election ballots shall be cast and votes counted by said canvassers appointed by this act, the same as for the offi cers of said village as in this act provided. The ballots used at such election shall have written or printed thereon, "For Village Charter," or "Against Village, as the case may be; said canvassers shall declare the result, and if they declare that a majority of the votes cast were for "village charter," or if the petition in this section referred to and provided for should not be prescnted to said canvassers as herein provided, then in such case this act shall be and remain in full force and effect. But if a majority of said votes Against Village Charter," then in such case no further action or election under this act shall be taken or be valid. The polls of this election in this section provided for shall be opened at 10 o'clock A. M., and closed at 4 o'clock P. M., of said day. Approved Feby. 24, 1874.

are "

CHAPTER VIII.

AN ACT TO INCORPORATE THE VILLAGE OF EASTON, IN THE COUNTY OF FARIBAULT, AND STATE OF MINNESOTA.

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. That all that part of the township of Lura, Barber, and Minnesota Lake, in the county of Faribault, and state of Minnesota, included within the following discribed limits or boundaries to-wit: Sections twenty-five, (25) twenty-six, (26) thirty-five, (35) and thirty-six, (36) in township one hundred and four, (104) north, of range twenty-six, (26) and section thirty-one (31) in township one hundred and four, (104) north of range twenty-five, is hereby constituted a village by the name and style of "The Village of Easton," and by that name the people now inhabiting and those who may hereafter inhabit the said district or county, shall be a municipal corporation, possessing all the powers incident to municipal corporations at common law, with perpetual succession; and shall be capable of contracting and being contracted with, of sueing and being sued, and of pleading and being impleaded in all courts of law and equity, and may have a common seal.

SEC. 2. The inhabitants of said village having the qualifications of electors of members of the legislature of the state of Minnesota, as hereinafter provided, may elect a president, three trustees, a recorder, a justice of the peace and a constable, who shall hold their respective offices for one year or until their successors are elected and qualified, and before entering upon the duties of their respective offices they shall each take an oath or affirmation to support the constitution and laws of the state of Minnesota; also an oath of office. The recorder shall act as treasurer, and shall give such bonds as the village council may require. The treasurer shall keep a true account of all moneys by him received by virtue of his office, and the manner in which the same are disbursed, in a book provided for that purpose, and exhibit such account, together with his Vouchers, to the village council at its annual meeting for adjustment, and shall deliver all books and property belonging to his office, and the balance of all moneys in his hands, as such treasurer and recorder, to his successor in office, on demand, after such successor has qualified according to law.

SEC. 3. The treasurer shall from time to time draw from the

county treasurer such moneys as have been received by the county treasurer for the use of his village, and on receipt of such moneys he shall deliver proper vouchers therefor.

SEC. 4. The treasurer shall, on the Tuesday preceding the annual election for village officers, make out a statement in writing, of the moneys by him received into the village treasurer from offcers and other sources, and also of all moneys paid out by him as such treasurer, in which statement he shall set forth particularly from whom and on what account such moneys were received by him, with the amount received from each person or officer, and the date of receiving the same, also to whom and for what purpose any moneys have been paid out by him, with the amount and date of each payment, he shall also state therein the amount of moneys remaining in his hands as treasurer. Such statement shall be filed by him, in his office, for the inspection of any person, and shall be carefully preserved and recorded in a book provided for that purpose.

SEC. 5. The president, the three trustees and recorder, shall be the village council of said village, any three of whom shall constitute a quorum for the transaction of any business, and shall have full power and authority to enact, adopt, modify, enforce and from time to time amend or repeal all such ordinances, rules and by-laws as they shall deem expedient for the following purposes to wit:

First. To provide for the construction and maintenance of suitable sidewalks and street crossings, as they shall deem expedient, at the expense of the owners of the lots or parts of lots, respectively opposite and adjoining to such sidewalks or crossings.

Second. To prevent riots, noise, disturbance of meetings or public assemblies whatever, to punish any person or persons who may engaged in or in any way connected with the same, and generally to promote and preserve good order and the public peace.

Third. To prevent the encumbering of streets, sidewalks, lanes or alleys with carriages, carts, wagons, boxes, barrels, sleighs, firewood, lumber or any other material or substance whatever.

Fourth. To restrain the running at large of cattle, swine, sheep, horses, mules and poultry, and to authorize the impounding, distraining and sale of the same.

Fifth.-To prevent any person from bringing, depositing or having within the village any putrid carcass or other unwholesome substance, and to require the removal of the same by any person who shall have the same upon his premises, or by the person who may have put the same thereon or from any street, lane, public square or alley and in default to authorize the removal thereof at the expense of such person so required to remove the same.

Sixth. To prevent open or nortorious drunkenness, brawling or obscenity in the streets, alleys or public places, and to provide for the punishment of all persons who may be guilty of the same.