(S. B. 131.) AN ACT PROVIDING THAT MUNICIPAL CORPORATIONS OF THIS STATE SHALL Be it enacted by the General Assembly of the State of SECTION I. That in all actions, suits and proceedings Appeal. Approved March 25, 1885. TOWNS AND CITIES. (H. B. 6.) AN ACT TO AMEND SECTION FORTY-EIGHT (48) OF "AN ACT ENTITLED AN ACT IN RELATION TO MUNICIPAL CORPORATIONS," APPROVED Be it enacted by the General Assembly of the State of SECTION I. That section forty-eight (48) of “An act entitled an act in relation to municipal corporations," approved April 4, 1877, be and the same is hereby amended so as to read as follows: SEC. 48. It shall be the duty of the treasurer of said county, and he is hereby authorized may collect city and empowered to collect the said city or town taxes in the same manner and at the same time as other taxes upon the County treasurer taxes. Expense of side property. same tax list are collected. The expense of construction and repair of sidewalks in any city or incorporated town shall be assessed in the manner prescribed by the ordinance of any such city or town, upon the property fronting upon the same, and such assessment shall be a lien walks a lien upon upon said property until it shall be paid; in case of failure to pay such assessment in a reasonable time, to be specified by ordinance, the same may, at any time after such failure, be certified by the clerk of such city or the clerk and recorder of such town to the county clerk and recorder or to the officer having the custody of the tax list at the time such certification be made, to be by him placed upon such tax list for the current year, to be collected in the same manner as other taxes are collected, with ten per centum penalty thereon to defray the cost of collection, and all the laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and their redemption of the same shall apply and have as full effect for the collection of all such city or town taxes as for such general taxes, except as modified by this act. The County treasurer said county treasurer shall, at the close of every month, shall pay over to cities as required. and oftener if the city council or board of trustees of said city or town shall require, pay over to the city or town treasurer all moneys so by him collected, upon the presentation to him of an order signed by the mayor and clerk, or mayor and recorder of such city or town, and any such county treasurer shall be liable on his official bond for the faithful discharge of all the duties and obligations hereby imposed upon him; Provided, In case of sale of any lot or tract of ground for delinquent sidewalk tax, the same shall be advertised and sold for such tax, and the certificate of sale and deed therefor shall be made separate from sale certificate and deed for other taxes; Provided, further, That the amount of sidewalk tax so assessed shall not be certified to the county clerk and recorder until notice of such assessment has been published ten days in some newspaper published in such city or town as provided by the ordinance of such city or town, giving the lot owner an opportunity to be heard before the said board or council at the time and place designated, as to the justness and correctness of the amount so assessed. The provisions of this act as to collecting the expense of construction and repairs of sidewalks shall be deemed and construed to be for the purpose of carrying into effect the police powers of cities and towns as to such construction and repairs of sidewalks, and shall Publication of assessment of sidewalk tax. not be construed as imposing a special tax under the taxing SEC. 2. Whereas, in the opinion of this General Assem- Emergency. bly, an emergency exists; therefore, this act shall be in force from and after its passage. Approved April 10, 1885.. TOWNS AND CITIES. (H. B. 83.) AN ACT TO AMEND SECTION EIGHTY (80) OF ARTICLE EIGHT (8) OF AN ACT Be it enacted by the General Assembly of the State of of second class. SECTION I. That section eighty (80) of article eight (8) of an act entitled “An act in relation to municipal corporations," approved April 4th, 1877, be and the same is hereby amended so as to read as follows: SEC. 80. The Marshal of cities marshal of the cities of the second class shall execute and return all writs and processes to him directed by the police magistrate or police judge, or by a justice of the peace, in any case arising under a city ordinance, and in criminal cases, quasi criminal cases, or cases in violation of city ordinances, he may serve the same in any part of the county in which such city is situate; he shall suppress all riots, disturbances and breaches of the peace, apprehend all disorderly per sons in the city, and shall pursue and arrest any person fleeing from justice in any part of the State; he shall apprehend any person in the act of committing any offense against the laws of the State or ordinances of the city, and forthwith, and without any warrant, bring such person before a police magistrate or justice of the peace, or other competent authority, for examination and trial; he shall have, in the discharge of his proper duties, like powers, and be subject to like responsibilities as sheriffs or constables in similar cases. Approved April 10, 1885. TOWNS AND CITIES. (H. B. 341.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT IN RELATION TO MUNICIPAL Jurisdiction of trates and jus Be it enacted by the General Assembly of the State of SECTION I. That section 20 of an act entitled "An act in relation to municipal to municipal corporations," approved April 4, 1877, be amended so as to read as follows: SEC. police magis- 20. Any and all justices of the peace and police magistices of the peace. trates shall have jurisdiction in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof, or the city council or board of trustees of any city or town may designate one justice of the peace, who shall have such jurisdiction exclusively. In all incorporated towns there is hereby established and created the office of police magistrate, and the board of trustees of such town may appoint a justice of the peace, or any other person who is an elector of said town, such police magistrate, who shall have jurisdiction within the territorial limits of such town, of all cases arising under the ordinances of such town, and whose powers, compensation, method of procedure and fees shall be the same as justices of the peace (in like cases) of the county in which such town is situated. SEC. 2. Section 81 of said act is hereby amended Trustees. so as to read as follows: SEC. 81. The corporate authority of incorporated towns, organized for general purposes, shall be vested in a board of trustees, consisting of one mayor and five other trustees, who shall be qualified electors residing within the limits of the corporation, and shall hold their office for one year, and until their successors are elected and a quorum qualified; and any four of Quorum. said board shall be a quorum for the transaction of business. SEC. 3. That section 82 of said act is hereby amended so as to read as follows: SEC. 82. The mayor, or, in his Mayor. absence, one of the trustees, who may be elected mayor pro tempore, shall preside at all meetings of the board of trustees. The recorder shall be the clerk of the corpora- Recorder. tion, and shall attend all meetings of the board of trustees, and make a fair and accurate record of all the proceedings, rules and ordinances made and passed by the board of trustees, and the same shall at any time be open for the inspection of electors of the corporation. SEC. 4. That section 83 of said act is hereby amended so as to read as follows: SEC. 83. The board of trustees shall have power, by appointment, to fill all vacancies in Vacancies. the board, or any other office, and the person so appointed shall hold his office until the next annual election, and until his successor is elected and qualified. The board shall, at their first meeting, choose one of the trustees as mayor pro tem., who, in the absence of the mayor from any meeting of said board, or during the mayor's absence from the town, or his inability to act, shall perform his duties. The board shall also have the power to elect a recorder pro tem., to perform the duties of the recorder during his absence or inability to act. Appointment of treasurer, SEC. 5. Section 84 of said act is hereby amended so as to read as follows: SEC. 84. The board of trustees shall recorder, appoint a recorder, treasurer and town attorney, or shall town attorney. provide, by ordinance, for the election of such officers, and such subordinate officers as they may deem necessary for the good government of the corporation, and shall prescribe their duties (when the same are not defined in this act) and compensation, or the fees they shall be entitled to Compensation. |