ner and of such materials as in the judgment of the common council shall not be dangerous to the surrounding property. The common council shall have power by resolution, to order any building, structure, or materials therefor, hereafter erected or in process of erection, of which the construction or materials may be dangerous to surrounding property, to be taken down or removed beyond the fire limits of the city, and shall have power to prescribe the notice to be given to the owner or agent to remove such building; and in case the same is not removed in pursuance of the notice given, to order the same to be taken down, removed by the police or in .such manner as the common council may see fit; and the common council may prescribe penalties for the violation of any of the provisions of this section or of any ordinance made and enacted to carry out the provisions thereof by a fine not exceeding one hundred dollars ($100.00), which may be imposed by the city justice upon the complaint of any citizen.

SEC. 2. The common council shall have power to prevent the dangerous construction and condition of chimney fire places, stoves, stove pipes, ovens, boilers and apparatus used in and about any building and to cause the same to be removed or placed in a safe or secure condition when considered dangerous; to prevent the deposit of ashes in unsafe places and throwing of ashes into the streets and alleys; to require inhabitants to provide as many fire buckets and in such manner and time as they shall prescribe and to regulate the use of them in time of fire; to regulate and prevent the carrying on of manufactories dangerous in causing or promoting fires; to regulate and prevent the use of fire arms and fireworks; to authorize the mayor, aldermen, fire wardens and other officers of the city, to keep away from the vicinity of any fire all idle and suspected persons, and to compel all bystanders to aid in the extinguishment of fires and the preservation of property ex posed to danger thereat, and generally to establish such regulations for the prevention and extinguishment of fires as the common council may deem expedient.

SEC. 3. The common council shall have power to purchase fire engines and all other apparatus which may be required for the extinguishment of fires and to authorize the formation of fire engine, hook and ladder and hose companies, and to provide for the proper support and regulation of the same and to order such companies to be disbanded; their public meetings to be prohibited and their apparatus to be given up; every member of each company which may be authorized to be formed, shall be exempt from highway work and poll tax, from serving on juries and from military duty during the continuance of such membership.

SEC. 4. The common council shall have power to appoint the chief engineer and two (2) assistant engineers of the fire department, and also one (1) fire warden for each ward and to prescribe the duties of such officers.

SEC. 5. Whenever any person shall refuse to obey any lawful order of any engineer, fire warden, mayor or alderman at any fire, it shall be lawful for the officer giving such order to arrest or to

direct orally any constable, police officer, watchman or any citizen to arrest such person, and to confine him temporarily in any safe place until such fire shall be extinguished, and in the same manner such officers or any of them may order or direct the arrest and confinement of any person at such fire who shall be intoxicated or disorderly, and any person who shall refuse to obey any such lawful order, or who shall refuse to arrest or aid in arresting any person so refusing shall be liable to such penalty as the common council may prescribe, not exceeding a fine of fifty dollars.

SEC. 6. The common council may hereafter by ordinance or resolution, establish such fire limits as to them shall seem proper; and after the same shall have been so established, the said limits shall not be reduced in extent, and any building of which the construction or materials or uses to which the same is put, shall expose neighboring buildings to great danger of fire, and which shall be hereafter erected within said limits, shall be deemed a nuisance, and may be dealt with as provided in the first section of this chapter, and any person who shall erect or commence to erect any such building within said fire limits, shall be deemed guilty of a misdemeanor, and punished by a fine imposed by the city justice, not exceeding fifty dollars.

SEC. 7. For the purpose of providing fire engines or other apparatus for the extinguishing of fires, of constructing engine houses, cisterns and reservoirs, the common council of said city by a majority vote of the members thereof, are hereby authorized to levy a tax on the taxable property of said city which shall not exceed in the aggregate for any one year the amount of five mills on the dollar of the taxable property of said city, which said tax may be levied and collected in the same manner as the other taxes of said city.

CHAPTER VIII.

STREET GRADES AND SIDEWALKS.

SEC. 1. The common council may cause to be established from time to time, and as rapidly as the convenience of the inhabitants may require under the direction of the city surveyor, the grade of all streets, sidewalks and alleys in said city, and shall cause acurate profiles thereof to be made and kept in the office of the city surveyor.

SEC. 2. Whenever the common council shall deem it necessary to [construct] contract or repair any sidewalk in said city of Albert Lea, they shall require the street commissioner to notify all owners and occupants of any lot or parcels of land adjoining such sidewalk to [construct] contract or repair the same at his or their own proper expense and charge, within a certain time designated by the publication in the official paper of said city, for not less

than two weeks of anotice 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. 3. If such work is not done and the sidewalks not built or repaired, 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 and parcels of land adjoining said sidewalks, and said expenses shall be assessed upon such lots and parcels of land so chargeable by the street commissioner, and returned by him to the common council, and said assessment so made and returned, if approved by the common council, shall become a lien upon said lots and parcels of land as in case of city, county and State taxes.

SEC. 4. If said assessment be not paid to the street commissioner or the city treasurer on or before the twentieth (20th) day of August in any year, the common council shall cause a statement of the same to be transmitted, with the city taxes levied that year, to the auditor of the county of Freeborn, on or before the first (1st) 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 thereot, enforced with and in like manner as city, county and State taxes are collected, and payment thereof enforced.

SEC. 5. The common council shall prescribe the width of sidewalks, and may establish different widths in different locations, and determine the kind of material of which they shall be con structed, having regard to the business and the amount of travel in the vicinity of each.

CHAPTER IX.

LIGHTING OF STREETS-SUPPLY OF WATER.

SECTION 1. The common council shall have authority to contract with any person [or] persons or corporation for the lighting of such streets or parts of streets and public places as they shall deem proper for the convenience and safety of the inhabitants.

SEC. 2. The common council may permit the laying of gas pipes in any and all the streets and alleys, highways and public grounds of the city, but in all cases the common council shall regulate the laying of the same, so that said gas pipes may not at any time interfere with the construction of common sewers or the lateral branches thereof, or with the proper and convenient location of water mains and pipes, and may at any time require the locacation of any gas pipe to be changed if the same shall be found to interfere with the proper and convenient location of common sewers or water pipes and mains.

SEC. 3. The common council may permit any party or corporation to lay water mains and pipes in any and all streets and alleys, highways and public grounds of the city, and shall regulate the position of the same, so that they shall not obstruct or interfere with the common sewers or with the proper drainage of the city.

CHAPTER X.

MISCELLANEOUS PROVISIONS.

SECTION 1. No vote of the common council shall be reconsidered or rescinded at a subsequent meeting, unless at such subsequent meeting there be present as large a number of aldermen as were present when the vote was taken

SEC. 2. No penalty or judgment recovered in favor of the city, shall be remitted or discharged except by the vote of two-thirds (3) of the aldermen elect.

SEC. 3. In all prosecutions for any violations of this act, the first process shall be by warrant on complaint being made; Provided, That no warrant shall be necessary in any case of the arrest of any person or persons while in the act of violating any law of the State of Minnesota, or ordinance or by-law of the city of Albert Lea; but the person or persons so arrested may be proceeded against, tried, convicted and punished or discharged, in the same manner as if the arrest had been made by warrant. All warrants, process, or writs issued by the city justices for the violation of an ordinance and by-laws of said city, shall be directed to the chief of police or any police officer of said city.

SEC. 4. In all cases of the imposition of any fine or penalty, or of the rendering of any judgment by the city justices of said city, pursuant to any statute of the State of Minnesota, or pursuant to any ordinance or by-law of the city of Albert Lea, as punishment for any offense, or for the violation of any ordinance or by-law as aforesaid, the offender shall be forthwith committed to the city prison of said city; or if there be no city prison, to the common jail of Freeborn county, and be there imprisoned for a term not exceeding three (3) months, in the discretion of the city justice, unless the said fine or penalty be sooner paid; and from the time of the arrest of any person or persons for any offense whatever, until the time of trial, the person or persons so arrested may be imprisoned in the city prison, or in case there be no city prison, in the common jail of the county of Freeborn.

SEC. 5. No person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant of said city in any proceeding or action in which the city shall be a party in in

terest.

SEC. 6. All ordinances and regulations heretofore made by the supervisors of the town of Albert Lea, not inconsistent with the

provisions of this act, shall be and remain in force until altered, modified or repealed by the common council of said city after this act shall have gone into effect.

SEC. 7. All fines, penalties, judgments and moneys (except officers' and justices' fees) that may be levied or collected by the city justices, or that may be collected by any other officer of the city for the violation of any ordinance or by-law of said city and in possession of any officer of said city, or any of the laws of the State of Minnesota shall be vested in and be the sole and exclusive property of said city.

SEC. 8. When any suit or action shall be commenced against said city, services of the process may be made by the proper officer by leaving a copy of such process with the mayor or acting mayor and it shall be the duty of the mayor forthwith to inform the council thereof, and take such other proceedings as by the ordinances or resolutions said council may have in such case provided.

SEC. 9. The said city may purchase and hold real and personal estate for public purposes sufficient for the convenience of the inhabitants thereof, and may sell and convey the same, and the same shall be free from taxation.

SEC. 10. No law of the State affecting the provisions of this act shall be considered as repealing, amendatory or modifying the same unless said purpose be expressly set forth in such laws.

SEC. 11. The city of Albert Lea shall not be liable in any case for the board or jail fees of any person who may be commit. ted by any officer or magistrate of the city to the jail of Freeborn county under the State laws.

SEC. 12. The street commissioner shall collect the corporation or poll tax which may be levied by the common council, and said street commissioner shall have all the power as possessed by road supervisors as provided by the laws of the State, and shall report to the common council when required.

SECTION 13. All that part of Congressional township number one hundred and two, (102) north of range number twenty-one, (21) west, not included in the city limits of the city of Albert Lea, shall, in case this act of incorporation is accepted and ratified by the electors as provided in this act, be and remain a town by the name of Albert Lea, and shall continue to exercise the same powers under the general laws of this State as it has heretofore exercised, and be considered the same body corporate as has heretofore been known as the town of Albert Lea. The town supervisors and other officers of the present town of Albert Lea who may be elected on the second Tuesday of March, 1878, or who hold over from a previous election, shall continue to hold their offices in said town, and the officers of the town of Albert Lea, as above proposed, except such of said officers so elected or holding over as may when the city government is organized be residents of said city. In which case the offices of said town held by any such residents within said city, shall be vacant, and any such vacancies shall be filled as provided by law. The first town meeting of said town after the organization of the city gov