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whom and for what purposes issued and the amount thereof; to keep accounts with all the receiving and disbursing officers of the city: showing the amount which they have received from all the different sources of revenue, and the amount which they have disbursed under the direction of the Common Council.

SEC. 17. He shall keep a list of all certificates issued in each ward, and, before the levy by the Council of the special tax, shall report to the Council a schedule of all the lots or duties parcels of land within the several wards which under this act may be subject to any special tax or assessment, and also the amount of such special tax or assessment which it may be necessary to levy on such lot or parcel of land: which said schedule shall be verified by the affidavit of the Comptroller, and shall be prima facia evidence of the facts therein stated in all cases wherein the validity of such special tax or assessment shall come in question. The Common Council shall, if from such report they deem such special tax legal and just, cause the same to be levied in pursuance of the provisions of this act.

SEC. 18. If on or before the first day of January of any year the amount expended or to be expended, chargeable to Further duties any of the wards or city funds, (adding thereto the current expenses estimated for the remainder of the fiscal year and chargeable to such fund), shall be equal to threefourths of the tax authorized to be raised, or revenue estimated for such fund, he shall at once report the same to the Common Council; and he shall not countersign any contracts chargeable to such fund until the amount of taxes actually. collected be ascertained; and, during the remainder of the fiscal year, he shall not countersign any contract the expenses of which shall exceed revenue actually collected for the fund to which such expenses are properly chargeable.

SEC. 19. He shall examine the reports, books, papers, Further duties vouchers, and the accounts of the Treasurer, and from time to time shall perform such other duties as the Common Conncil may direct.

SEC. 20. All claims and demands against the city, before they are allowed by the Common Council, shall be audited All orders to and adjusted by the Comptroller, and all orders on the Treas urer shall be examined and countersigned by him before they are delivered by the City Clerk.

be examined by him

Further duties

of the comptroller

SEC. 21. The Comptroller shall keep a record of all his acts and doings, and keep a book in which he shall enter all contracts, with an index thereto; such records shall be open to inspection of all parties interested. He shall not be directly or indirectly interested in any contract or job to which the city or either of the wards is a party.

SEC. 22. There shall be elected by the Common Council a City surveyor City Surveyor, who shall be a practical surveyor and engi He shall keep his office at some convenient place in

and his duties neer.

said city, and the Common Council shall prescribe his duties and fix the fees and compensation for any services performed by him. All surveys, profiles, plan or estimates, made by him for the city or either of the wards, shall be the property of the said city, and shall be carefully preserved in the office of the Surveyor, open to the inspection of parties interested; and the same, together with all books and papers appertaining to said office, shall be delivered over by the Surveyor, at the expiration of his term of office, to his successor or the Common Council.

The council

SEC. 23. The Common Council, at their first meeting in each year or as soon thereafter as may be, shall designate one news- to elect a city paper printed in said city, in which shall be published all printer ordinances, and other proceedings and matters required by

this act or by the by-laws or ordinances of the Common Council to be published in a public newspaper.

Sec. 24. The city printer or printers, immediately after the publication of any notice, ordinance or resolution, which by this act is required to be published, shall file with the Clerk Daties of the city printer of the city, a copy of such publication, with his or their affidavit or the affidavit of his or their foreman, of the length of time the same has been published, and such affidavit shall be conclusive evidence of the publication of such notice, ordinance or resolution.

successor pro

Sec. 25. If any person, having been an officer in said city, Requiring all shall not within ten days after notification and request, deliv-officers to deer to his successor in office, all property books, papers and ef- liver to their fects, of every description, in his possession, belonging to said perty, books, city, or pertaining to the office he may have held, he shall for-&c feit and pay to the use of the city, one thousand dollars, besides all damages caused by his neglect or refusal so to deliver, and such successor may recover the possession of such books, papers and effects, in the manner prescribed by the laws of this State.

Sec. 26. No alderman shall be a party to or interested in any job or contract with the city, or any of the Wards, and any

to contracts

contract in which any Alderman may be so interested, shall Aldermen shall be null and void; and in case any money shall have been not be parties paid on any such contract, the Common Council may sue for and recover the amount so paid from the parties to such contract, and the Alderman interested in the same.

Sec. 27. The Mayor or acting Mayor, Sheriff of Ramsey county, Coroner, and each Alderman, all Justices of the Peace, police officers and watchmen, shall be officers of the peace, Officers of the and may command the peace, suppress in a summary manner, peace all rioting and disorderly behavior within the limits of the city; and for such purpose may command the assistance of all bystanders, and if need be, of all citizens and military companies; and if any person, bystander, military officer or private, shall refuse to aid in maintaining the peace when so required, every such person shall forfeit and pay a fine of fifty

Council to im

dollars; and in cases where the civil power may be required to suppress riots or disorderly behavior, the superior or senior officer present, in the order mentioned in this section shall direct the proceedings.

Sec. 28. The Common Council shall have power at any time to require other and further duties to be performed by any officer whose duties are herein prescribed, not inconsistpose further ent with this act, and to appoint such other officers as may duties on offi- be necessary to carry into effect the provisions of this act, and to prescribe their duties unless herein otherwise provided for, but no officer elected or appointed by the Common Council, or appointed by the Mayor as hereinbefore provided, shall be appointed for a longer term than one year, and until his successor is elected or appointed and duly qualified.

cers

The Common Council shall also have the power, unless herein otherwise provided, to fix the compensation of all officers elected or appointed under this act; such compensation shall be fixed by resolution, at the time the office is created or at the commencement of the year, and shall not be increased or diminished during the term such officer shall remain in office.

CHAPTER IV. THE COMMON COUNCIL: ITS GENERAL POWERS
AND DUTIES.

SECTION 1. The Aldermen shall constitute the Common Council, and the style of all ordinances shall be: "The Com Style of or-mon Council of the City of St. Paul do ordain," &c. The Common Council shall meet at such time and place as they by resolution may direct. A majority of the Aldermen shall constitute a quorum.

dinances

Stated and spe

Sec. 2. The Common Council shall hold stated meetings, and the Mayor may call special meetings by notice to each of cial meetings the members, to be delivered personally or left at their usual place of abode. The Common Council shall be the Judge of the election and qualifications of its own members, and in such case shall have the power to send for persons and papers, and shall also determine the rules of its own proceedings and have power to compel the attendance of absent members.

council

Sec. 3. The Common Council shall have the management and control of the finances, and all the property of the city, Powers of the and shall likewise, in addition to the power herein vested in them, have full power and authority to make, enact, ordain, establish, publish, enforce, alter, modify, amend and repeal all such ordinances, rules and by-laws for the government and good order of the city, for the suppression of vice and intemperance, and for the prevention of crime, as they shall deem expedient; they shall have power to establish and maintain a city prison and watch houses for the imprisonment, custody and safe-keeping of all persons arrested for

or charged with any offence whatever, in any way cognizable before the City Justice, to make all rules and regulations for the government and management of such prison and watchhouses, to appoint keepers and other officers for the same and prescribe their duties and fix the compensation; the keepers of said prison and watch-houses shall have and possess all the powers and authority of jailors at the common law or by the laws of this State. The Common Council shall have full power and authority to declare and impose penalties and punishments, and to enforce the same against any person or persons who may violate any of the provisions of any ordinance, rule or by-law passed and ordained by them; and all such ordinances, rules and by-laws are hereby declared to be and have the force of law: Provided, That they be not repugnant to the Constitution and laws of the United States or of this State; and for these purposes shall have authority by ordinances, resolutions or by-laws :

First. To license and regulate the exhibitions of common showmen and shows of all kinds, or the exhibitions of cara- Powers of the vans, circuses, concerts or theatrical performances, billiard council tables, nine or ten-pin alleys, bowling saloons, to grant licences and regulate auctions and auctioneers, groceries, taverns, victualing houses, and all persons. vending or dealing in spirituous, vinous or fermented liquors : Provided, That the license for so dealing in, or vending spirituous or fermented liquors, shall not be less than fifty dollars a year, that no license shall be granted for a less term than one year; and all licenses shall commence and terminate on the second Tuesday of May in each year.

Second-To restrain and prohibit all descriptions of gam ing and fraudulent devices and practices, and all playing of cards, dice, or other games of chance, for the purpose of gam ing in said city and to restrain any person from vending, giving or dealing in spiritous, fermented or vinous liquors, unless duly licensed by the Common Council.

Third-To prevent any riots, noise, disturbance and disorderly assemblages in said city, and to provide for the arrest and punishment of any person or persons who shall be guilty of the same, to supress disorderly houses or groceries/ and houses of ill-fame, and to provide for the arrest and punishment of the keepers thereof, and to authorize the destruction of all instruments used for the purpose of gaming. zjis

Fourth-To compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap factory, tannery, stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same from time to time as often as may be deemed necessary for the health, comfort, and convenience of the inhabitants of said city.

Fifth-To direct the location and management of slaugh ter-houses and markets, breweries, distilleries and pawnbrokers, and to establish rates for, and license venders of

council

gunpowder, and regulate the storage, keeping and conveying of gunpowder, or other combustible materials.

Sixth-To prevent the encumbering of streets, side-walks, lanes, alleys, public grounds or wharves, with carriages, carts, wagons, sleighs, boxes, lumber, fire-wood, posts, awnings, or any other materials or substances whatever.

Seventh To prevent and punish horse racing, immoderate riding or driving in the streets, to compel persons to fasten their horses or other animals attached to vehicles or otherwise while standing in the streets, and to regulate places of bathing and swimming in the waters within the limits of said city.

Eighth-To restrain the running at large of cattle, swine, sheep, poultry and geese, and to authorize the distraining and sale of the same, and to impose penalties on the owners of such animals for violation of the ordinances.

Ninth To prevent the running at large of dogs, and may impose a tax on the same, and to authorize the destruction of the same in a summary manner, when at large, contrary to the ordinance.

Tenth-To prevent any person from bringing, depositing, or having within said city, any putrid carcass, or other unPowers of the wholesome substance and to require the removal of the same by any person who shall have upon his premises any such substance; or putrid or unsound beef, pork, fish, hides or skin of any kind; and on default to authorize the removal thereof by some competent officers, at the expense of such person or persons.

Eleventh-To make and establish public pounds, pumps, wells, cisterns, hydrants and reservoirs, and to provide for and control the erection of water works for the supply of water to the inhabitants; to regulate and licence hacks, carts, omnibuses, and the charges of hackmen, draymen, cartmen, and omnibus drivers in the city; and to erect lamps and to provide for lighting the city and to control the erection of gas works or other works for lighting the streets, public grounds and public buildings, and to create, alter and extend lamp districts.

Twelfth-To establish and regulate boards of health, provide hospitals, and hospital grounds, the registration of births and deaths, and the returns of the bills of mortality, and regulate or prevent the burial of the dead within the city limits.

Thirteenth-To regulate the assize and weight of bread, and to provide for the seizure and forfeiture of bread baked contrary thereto.

Fourteenth-To prevent all persons riding or driving any ox, mule, cattle or other animal, on the side-walks in said city, or in any way doing any damages to such side-walks. Fifteenth-To prevent the shooting of firearms or crackers, and to prevent the exhibition of any fireworks in any situa

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