as to preserve the health of said city; and also to regulate, control and prevent the landing and conveyance of paupers and persons in a destitute condition into said city, and not having a legal settlement or residence therein, by any boat or vessel or other means of conveyance, and to require that such persons shall be taken back to the place from whence they may have been brought by the person or persons bringing or leaving them in said city.

Twenty fourth.-To regulate time, manner and place of holding public auction or vendues.

Twenty fifth.-To provide for watchmen, and to prescribe their number and duties, and regulate the same; and to create and establish the police of said city, and to prescribe the number of police officers and their duties, and to regulate the same.

Twenty sixth.-To provide by ordinance for a standard of weights and measures; for the appointment of a city sealer, and to require all weights and measures to be sealed by the city sealer, and to provide punishment for the use of false weights and measures.

Twenty-seventh.-To regulate the inspection of flour, pork, beef, salt, fish, whisky, and other liquors and provisions.

Twenty eighth.-To regulate the measurement and inspection of lumber, shingles, timber, and building materials.

Twenty-ninth. To appoint inspectors, weighers, and gaugers; to regulate their duties and prescribe their compensation.

Thirtieth. To direct and regulate the plauting and preserving of ornamental trees in the streets and public grounds.

Thirty-first. To remove and abate any nuisance, obstruction, or encroachment upon the streets, alleys, public grounds and highways of the city.

Thirty-second.-To remove and abate any nuisance injurious to the public health or safety, and to remove or require to be removed any building which, by reason of dilapidation, defects in structure, or other causes, may have or shall become imminently dangerous to life or property; and to provide for the punishment of all persons who shall cause or maintain such nuisances. A statement of such expense, specifying the lots or parcels of land upon which it was incurred, shall be filed by the city clerk in the office of the register of deeds of the county of Ramsey, and shall thereupon become a lien in favor of said city upon such lot or parcel of land. The amount of such expense may be recovered by said city against the owner or owners of said lot or parcel of land, and the lien be enforced in a civil action in any court of competent jurisdiction; Provided, That such statement shall be filed within three months after such expense has been incurred by said city, and that if suit shall not be brought aforesaid to enforce such lien within one year thereafter, the same shall abate; And provided further, That said lien shall not obtain

before the filing thereof, against a bona fide purchaser, without notice of such expenditures.

Thirty third.-To do all acts and make all regulations which may be necessary or expedient for the preservation of health and the suppression of disease, and make regulations and to prevent the introduction of contagious diseases into the city; and to make quarantine laws, and enforce the same within the city limits. The jurisdiction of said city shall extend to and be in force over any lands within the county of Ramsey purchased or used by said city for the purpose of a quarantine, for police and sanitary regulations; and for the preservation of the health of said city and the suppression of disease and abatement of public nuisances, and the suppression of any business contrary to the sanitary regulations of the common council or the board of health, the jurisdiction of said city shall extend for a circuit of one mile from the present city limits, east of the Mississippi river.

Thirty fourth. To restrain and punish vagrants, mendicants, street beggars and prostitutes.

Thirty fifth.-Fines, penalties and punishments imposed by the common council for the breach of any ordinance, by-law or regulation of said city, may extend to a fine not exceeding one hundred dollars and imprisonment in the city prison or county jail not exceeding thirty days, or both, and to be fed on bread and water, at the discretion of the city justice; and offenders against the same may be required to give security for their good behavior, and to keep the peace not exceeding six months, and in a sum not exceeding five hundred dollars.

Thirty-six.-The common council of said city may provide by ordinance that any one convicted of an offense before the city justice, subjecting such offender to imprisonment under the charter and ordinances of said city, may be kept at hard labor in any work house established by said city for that purpose, or in case of a male offender, may be kept at hard labor during his term of imprisonment in such workhouse, or upon the public streets and improvements of said city, or both; and may also provide by ordinance that any one convicted of an offence before the city justice aforesaid, and committed upon non-payment of a fine imposed, may be kept at hard labor in any workhouse of said city aforesaid, or in case of a male offender, may be kept at hard labor either in such workhouse, or upon the public streets and improvements, or both, until such person shall work out the amount of such fine at such rate of compensation as said common council may prescribe, for a time not exceeding the term of such commitment; and the common council shall have full power to establish by ordinance all needful regulations for the security of such prisoners thus employed, and to pre

vent escape and secure proper discipline, and shall have power to establish a suitable workhouse in said city for the purpose aforesaid, and under such regulations as the said common council may provide; Provided, That the common council aforesaid shall be and is hereby authorized to use the jail of Ramsey county as the workhouse of the city of Saint Paul, provided for in this act; the prisoners of the city to be as at present in the custody of the sheriff of Ramsey county, except while working upon the public streets and improvements of said city, when they shall be under the control of the police force of said city; And provided further, That the city justice shall not have the power, for vagrancy, to commit any person to the city prison, city workhouse or county jail, or to order any such person to work upon the public streets or improvements of said city for a longer period than thirty days.

Thirty-seventh.-The common council shall have power to control and regulate the construction of buildings, chimneys and stacks, and to prevent and prohibit the erection or maintenance of any insecure or unsafe buildings, stacks, walls or chimneys in said city, and to declare them to be nuisances, and to provide for their summary abatement, and to provide for the regulation or the summary abatement of any work or building which is detrimental to the safety, health or security of said city.

Thirty-eighth. To provide for the appointment of a person, at such salary and with such duties as the common council may prescribe, to inspect and supervise the construction of buildings and other improvements. Also to provide for the entry at any time by any of its officers into any building, or upon any work to ascertain whether the same is dangerous or insecure.

Thirty-ninth.-To regulate or prohibit the carrying or wearing, concealed, by any person, any dangerous or deadly weapon, and to provide for the confiscation thereof.

Fortieth.-To regulate the penning, herding and treatment of all animals within the city.

Forty-first. To restrain, control and regulate the cutting of ice in the Mississippi river, within the limits of said city.

SEC. 4. All ordinances, regulations, resolutions and by-laws, shall be passed by an affirmative vote of a majority of the members of the common council present, by ayes and noes, and published in the official paper before the same shall be in force, and shall be admitted as evidence in any court of the state, without further proof; and they shall be recorded by the city clerk in books to be provided for that purpose. No appropriation shall be made without a vote of a majority of the members elect of the common council in its favor, which vote shall be taken by ayes and noes, and entered among the proceedings of the council. In the publication of resolutions they

may be included in the publication of the proceedings of the council with the dates of their approval, without appending in such publication the signatures to such resolutions.

SEC. 5. The powers conferred upon the common council to provide for the abatement or removal of nuisances, shall not bar or hinder suits, prosecutions or proceedings in the courts according to law, depots, houses or buildings of any kind within the limits of said city, wherein more than twenty-five pounds of gun powder or more than five barrels of forty-two gallons each, (or such greater or less quantity as said common council may direct by ordinance,) of petroleum, kerosene, naptha or other inflamable or explosive oils or substances are deposited, stored or kept at any one time; gambling houses, houses of ill-fame, disorderly taverns, and houses or places where spirituous, vinous or fermented liquors are sold without license required therefor, within the limits of said city, are hereby declared and shall be deemed public or common nuisances.

SEC. 6. The common council shall examine, audit and adjust the accounts of the clerk, treasurer, city justice, and other officers and agents of the city, at such times as they may deem proper, and also at the end of each year, and before the [term] for which the officers of said city were elected or appointed shall have expired. And the common council shall require each and every such officer and agent, to exhibit his books, accounts and vouchers for such examination and settlement; and if any such officer or agent shall refuse to comply with the orders of said council in the discharge of [their] said duties, in pursuance of this section, or shall neglect or refuse to render his accounts, or present his books and vouchers to said council, or a committee thereof, it shall be the duty of the common council to declare the office of such person vacant. And the common council shall order suits and proceedings at law against any officer and agent of said city who may be found delinquent or defaulting in his accounts, or in the discharge of his official duties; and shall make a full record of all such settlements and adjustments.

SEC. 7. The common council shall have the care, supervision and control of all public highways, bridges, streets, alleys, public squares and grounds, and parks and sewers, and all other public improvements and public property within the limits of said city, and shall cause all streets which may have been opened and graded under the authority of said city, or with its assent, to be kept open and in repair and free from nuisances. The city corporation shall be exempt from all liability for damages caused by railroads, either to persons or property, when said railroads, or engines or cars, are passing along, across, under, over or upon any street, lane, alley, or other public way, within the limits of the city of St. Paul.

SEC. 8. The common council of said city shall have the sole and

exclusive power to vacate or discontinue public grounds, streets, alleys and highways within said city. No such vacation or discontinuance shall be granted or ordered by the common council, except upon the petition of a majority of the owners of property on the line of such public grounds, streets, alleys, or highways, resident within the said city; such petition shall set forth the facts and reasons for such vacation, accompanied by a plat of such public grounds, streets, alleys, or highways, proposed to be vacated, and shall be verified by the oath of at least two of the petitioners. The common council shall thereupon, if they deem it expedient that the matter should be proceeded with, order the petition to be filed of record with the city clerk, who shall give notice by publication in the official paper of said city, for four weeks, at least once a week, to the effect that such petition has been filed as aforesaid, and stating in brief its object, and that said petition will be heard and considered by the common council, or a committee appointed by them, on a certain day and place therein specified, not less than ten days from the expiration of such publication. The common council, or such committee as may be appointed by them for the purpose, at the time and place appointed, shall investigate and consider the said matter, and shall hear the testimony and evidence on the part of the parties interested. The common council thereupon, after hearing the same, or upon the report of such committee in favor of granting such petition, may, by a resolution passed by a three-fourth vote of all the members elect, declare such public grounds, streets, alleys, or highways vacated, which said resolution, after the same shall go into effect, shall be published as in the case of ordinances, and thereupon a transcript of such resolution, duly certified by the city clerk, shall be filed for record, and duly recorded in the office of the register of deeds of the county of Ramsey.

SEC. 9. Any person feeling aggrieved by any such vacation or discontinuance, may, within twenty days after the publication thereof, by notice in writing served on the mayor of said city, a copy whereof, with proof of service, shall be filed in the office of the clerk of the district court, or court of common pleas of the county of Ramsey, appeal to either of said courts from such vacation or discontinuance, where such appeal shall be tried by the court and jury as in ordinary cases, and the judgment of which court shall be final. It shall be the duty of the city clerk, as soon as any such appeal is taken, to transmit to the proper court a certified copy of the record of all proceedings in the case, at the expense of the appellant. Such appeal shall be entered and brought on for trial, and be governed by the same